R708-48-4
R708-48-4. Requirements for Providers
Cite as Utah Admin. Code R708-48-4
A provider shall:
(1) be responsible for the oversight of the ignition interlock system activities that are performed at the service center, and each installer employed by the business;
(2) maintain any records including:
(a) client records;
(b) contracts;
(c) personnel files including division issued installer licenses for each installer; and
(d) any documentation concerning an ignition interlock business transaction;
(3) ensure the security of any client records and personal data on any forms, receipts, or contracts;
(4) program the systems to have a service interval of 60 days, unless a shorter interval is ordered as a term of probation by the court;
(5) perform monitoring no later than three business days after the 60 day service interval;
(6) restart the service interval on the date of monitoring if the system malfunctions and requires monitoring before the expiration of the 60 day service interval;
(7) allow the division to conduct scheduled and unscheduled inspections and audits;
(8) grant access to their ignition interlock business databases to the division;
(9) furnish any records of the business to the division upon request;
(10) provide the client with a complete report of any ignition interlock system activity upon request;
(11) provide in-person training on system activities to each installer including annual re-training;
(12) maintain training files for each installer including dates of completion;
(13) finish any training administered or required by the division;
(14) require each installer to finish any training administered or required by the division;
(15) not be convicted of or have been found by the division, or any entity of the state, to have engaged in conduct that constitutes a felony, crime, or act of moral turpitude;
(16) not knowingly employ an installer who has been convicted of, or who has been found by the division to have engaged in, conduct that constitutes a felony, crime, or act of moral turpitude;
(17) post signs to identify the business by the name listed on the provider's license application;
(18) conspicuously display a copy of the provider's license issued by the division, and business license issued by the city or municipality;
(19) ensure the service center does not operate from the same facility or location as another service center;
(20) surrender the provider's license to the division within five days if:
(a) the provider listed on the license is no longer working at the business; or
(b) the provider license is denied, canceled, or revoked;
(21) provide and maintain a $50,000 surety bond that is:
(a) continuous in form and run concurrently with the license period;
(b) protects against liability to third persons; and
(c) requires that the insurer provide notice to the division within five days if the surety bond is canceled;
(22) notify the division in writing:
(a) within five business days of any changes to the residential or mailing address of any installer licensed by the division;
(b) within five business days if any installer licensed by the division is no longer employed by the business;
(c) within 30 days of receiving notice of any license relating to systems that have been denied, canceled, or revoked in another state or jurisdiction;
(d) within five days in the event the provider learns of any litigation in which it is a party defendant; and
(e) within five days after being served a summons, complaint, or other pleadings in a case that involves services provided, and which has been filed in any federal or state court or administrative agency and shall deliver copies of these documents to the division.