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RULE §10.12Vendor Standards

Vendors shall comply with the standards detailed in this section:

  (1) Perform a visual inspection of the device and the vehicle in which it is installed to ensure that no tampering or circumvention has occurred. Evidence of tampering with an IID shall be reported to the judicial authority responsible for ordering the specific installation involved, to the supervising officer if any, and to the department, not later than 48 hours after the vendor discovers the evidence of tampering;

  (2) Document and retain the records on the removal of any device by the vendor;

  (3) Maintain a record of each complaint by a customer relating to the operation of the device, including:

    (A) name of the customer;

    (B) judicial authority ordering the installation;

    (C) date of the complaint;

    (D) nature of the complaint;

    (E) identifying information related to the device; and

    (F) name of individual who received the complaint;

  (4) Maintain a record of the responses to customer complaints including:

    (A) the action taken to address the complaint;

    (B) any action taken to resolve the complaint; and

    (C) the date and name of the person who resolved the complaint;

  (5) Conduct a calibration confirmation test on each device at the time of installation and on each occasion of service, and maintain all records of such tests;

  (6) Properly store the alcohol reference solution, the breath alcohol simulator, or reference gas standard in a manner that maintains the integrity of the calibration solution;

  (7) Install the device with anti-tampering evident tape or seals on all connections;

  (8) Display conspicuously in the service center the authorization issued by the department under the Act and this chapter;

  (9) Display conspicuously in the service center, a sign containing the name, mailing address, and telephone number of the department, and a statement informing consumers or recipients of services that complaints against the vendor can be directed to the department;

  (10) Only install devices that are approved under §521.247 of the Act;

  (11) Maintain liability insurance coverage for damages arising out of the operation or use of devices in amounts and under the terms specified by the department in §10.11 of this title (relating to Application);

  (12) Comply with any applicable court order regarding the installation or inspection of a device and the activation of any anti-circumvention feature of the device;

  (13) Repair or replace a device within 48 hours after receiving notice of a complaint regarding the operation of the device, if device is confirmed to have malfunctioned;

  (14) Maintain a record of each action taken by the vendor with respect to each device installed by the vendor, including each action taken as a result of an attempt to circumvent the device, until at least the fifth anniversary after the date of installation;

  (15) Upon request of any court, supervising officer, or the department, make available for inspection or provide a copy of any report or record required under this chapter;

  (16) Satisfy the standards for equipment and facilities, as required by this chapter;

  (17) Pay the required inspection fee within 60 calendar days of receipt of notice that payment is due;

  (18) Pay any past due fees within 30 days of notification of a past due amount, insufficiency of funds, or denied payment;

  (19) Cooperate with any inspection or audit performed by department personnel;

  (20) Submit annually, in a manner prescribed by the department, a written report of each ignition interlock device service and feature made available by the vendor; and

  (21) Submit a written report of any violation of a court order to the appropriate judicial authority, including the issuing court and the person's supervising officer, if any, not later than 48 hours after the vendor discovers the violation.

Source Note: The provisions of this §10.12 adopted to be effective July 7, 2016, 41 TexReg 4862

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