PURPOSE: This rule outlines the conditions for which ignition interlock device certification may be suspended or revoked.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Suspension, or Revocation of Approval of a Device.

   1. (A) The state of Missouri, Department of Transportation, Highway Safety Division may suspend or revoke approval of a device, and remove it from the list of approved devices, for any of the following reasons:

      1. 1. Defects in design, materials, or work-

manship causing repeated failures of a device;

1. 2. Termination or cancellation of an

authorized service provider’s liability insurance; 7 CSR 60-2

1. 3. Discontinuance in the business of

manufacturing devices;

1. 4. Voluntary request by an authorized

service provider to cancel approval of a device;

1. 5. Violation by an authorized service

provider, or installer, of any of the provisions set forth in 7 CSR 60-2.010 through 7 CSR 60-2.060; or

1. 6. Modification or alteration of the com-

ponents, design, or installation and operation instructions in such a way that the requirements of the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 57 FR 11772–11787, which is incorporated by reference and made a part of this rule as published in the Federal Register by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective April 7, 1992, are no longer satisfied. This rule does not incorporate any subsequent amendments or additions to this publication.

1. (B) Notice of suspension or revocation shall be mailed to a representative of the authorized service provider at the last known address on file with the Missouri Department of Transportation, Highway Safety Division. The notice is deemed received three (3) days after mailing unless returned by postal authorities.
2. (C) A suspension or revocation is effective fifteen (15) days after notification is deemed received by the authorized service provider.

3. (D) An authorized service provider may request an informal review of a suspension or revocation. This request must be submitted to the Missouri Department of Transportation, Highway Safety Division, in writing, within ten (10) days of receipt of a notice of suspension or revocation.

   1. 1. The informal review may be conduct-

ed in person, in writing, or by telephone with Missouri Department of Transportation, Highway Safety Division personnel delegated to conduct such informal review by the Missouri Highways and Transportation Commission.

1. 2. In the event that the informal review

is unable to resolve the dispute between the Highway Safety Division and the authorized service provider, the initial determination shall become the final decision of the commission.

1. (E) Within ninety (90) days of the event of suspension, revocation or voluntary surrender of approval, an authorized service provider shall be responsible for notifying operators of decertified devices and shall bear the cost for the removal of any and all decertified devices from operators’ vehicles and the installation of new devices which must be selected from the state of Missouri’s list of approved devices.

AUTHORITY: sections 577.600–577.614, RSMo 2000 and RSMo Supp. 2008 and section 226.130, RSMo 2000.* This rule originally filed as 11 CSR 60-2.060. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.060, effective Aug. 28, 2003. Amended: Filed May 7, 2009, effective Dec. 30, 2009. *Original authority: 577.600–577.614, see Missouri Revised Statutes and 226.130, RSMo 1939, amended 1993, 1995.