Responsibilities Of The Bureau

A. The Bureau shall establish and maintain a list of ignition interlock devices approved for use in New Mexico by manufacturer and model or class. B. The Bureau or its designee shall have the right to periodically evaluate: (1) the technical competency and reliability of installers; (2) service centers, service center operators, and service technicians; (3) the installation, servicing, and removal of ignition interlock devices; and (4) a manufacturer's training of installers. [18.20.11.23 NMAC - N, 1-1-03] 18.20.11.24 SUSPENSION OR REVOCATION OF APPROVAL OF AN IGNITION INTERLOCK DEVICE: A. The Bureau may suspend or revoke its approval of an ignition interlock device if: (1) the Bureau has evidence of repeated device failure due to gross defects in design, materials, or manufacture. (2) the manufacturer’s product liability insurance or surety bond has been cancelled or terminated. (3) the manufacturer has failed to abide by its plan to provide service within forty-eight (48) hours at a service center located within one hundred (100) miles or two (2) hours, whichever is less, of a driver's residence or place of business. (4) the manufacturer requests the Bureau to remove a device from the list of approved devices. (5) the Bureau finds that the device does not meet the requirements of this rule. (6) the Bureau has reasonable cause to believe the device was inaccurately represented to meet the requirements of this rule. (7) the manufacturer has failed to reimburse the Bureau for costs incurred in providing testimony requested by the manufacturer in a civil or criminal proceeding involving the approval or use of an ignition interlock device. (8) the Bureau determines that changes in ignition interlock device technology are such that continued approval of the device would not be in the best interests of New Mexico. (9) the manufacturer fails to pay all required fees for the interlock device ("indigency") fund to the New Mexico Department of Finance and Administration. B. The suspension or revocation shall be effective thirty (30) days after notice is sent to the manufacturer via certified mail, return receipt requested, except in cases where the Bureau determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of New Mexico. C. A manufacturer may request a review of a suspension or revocation. This request shall be submitted to the Bureau in writing within thirty (30) days of the suspension or revocation. The Bureau shall conduct such review in accordance with the procedures prescribed in the Uniform Licensing Act, NMSA 1978 Sections 61- 1-1 et seq. D. Upon suspension, revocation, or voluntary surrender of an approval, a manufacturer shall notify each of its service center operators in New Mexico that the service center operator shall: (1) not install that model or class of device in any driver's vehicle after the effective date of the suspension, revocation, or voluntary surrender; and (2) shall remove all such devices from drivers’ vehicles. A manufacturer shall be responsible for all costs connected with removing such devices and installing new devices from the Bureau’s list of approved devices. [18.20.11.24 NMAC - N, 1-1-03] 18.20.11.25 SUSPENSION OR REVOCATION OF A SERVICE CENTER LICENSE OR AN INSTALLER CERTIFICATE: A. Service center license. The Bureau may suspend or revoke the license of a service center operator if: (1) the service center operator’s garagemen's liability insurance or surety bond has been cancelled or terminated. (2) the service center operator has failed to reimburse the Bureau for costs incurred in providing testimony requested by the service center operator in a civil or criminal proceeding involving the installation, servicing, or removal of an ignition interlock device. 18.20.11 NMAC 13 (3) the service center operator has failed to pay all required fees for the interlock device ("indigency") fund to the New Mexico Department of Finance and Administration. (4) the Bureau finds that the service center operator has not complied with the requirements of this rule. (5) the service center operator has permitted an installer to install a device that is not on the list of Bureau-approved devices. (6) the service center operator has permitted a person who is not a Bureau-certified installer to install or remove a device. (7) the service center operator has permitted any person other than a service technician to service a device. B. Installer certificate. The Bureau may suspend or revoke the certificate of an installer if: (1) the Bureau finds that the installer has not complied with the requirements of this rule. (2) the installer has demonstrated unreliability or incompetence. (3) the installer has been convicted of: (a) any alcohol or drug-related offense within the last three (3) years; (b) two or more alcohol or drug-related offense in the past five (5) years; (c) perjury, forgery, or sworn falsification; (d) circumventing or tampering with an ignition interlock device; or (e) any other crime substantially related to the installation, servicing and removal of devices. C. Effective date. The suspension or revocation shall be effective thirty (30) days after notice is sent to the service center operator or installer via certified mail, return receipt requested, except in cases where the Bureau determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of New Mexico. D. Request for review. A service center operator or installer may request a review of suspension or revocation. This request shall be submitted to the Bureau, in writing, within thirty (30) days of the suspension or revocation. The Bureau shall conduct such review in accordance with the procedures prescribed in the Uniform Licensing Act, NMSA 1978 Sections 61-1-1 et seq. E. Notification. Upon suspension or revocation, a service center operator shall notify: (1) the manufacturers of the models or classes of devices the service center operator has been providing; and (2) the drivers of vehicles for whom the service center operator has provided a device.