WAC 308-107-040. Functioning device — Evidence that device is no longer installed or functioning

(1) For purposes of RCW 46.20.311 , 46.20.385 , and 46.20.740 , the department may determine that a device is no longer installed or functioning in the vehicle(s) driven by a person based on: (a) An ignition interlock status verification form submitted by a manufacturer, or by an authorized service provider associated with such manufacturer, indicating that a device is no longer installed or functioning; (b) Notice from the commission that a report received under WAC 308-107-080 indicates that a device is no longer installed or functioning or that the driver has failed to appear for scheduled maintenance; (c) The termination or expiration without renewal of an agreement entered into between the department and the manufacturer of the device(s) installed in the vehicle(s) driven by the person; or (d) A conviction under RCW 46.20.740 (2) for operating a motor vehicle that is not equipped with a functioning device. (2) Before making a determination under this section, the department may consider evidence from the person indicating that: (a) The person is no longer operating the vehicle in which a device is no longer installed or functioning and that another vehicle driven by the person is so equipped; or (b) The device has been replaced with a functioning device installed by another manufacturer or authorized service provider. (3) Once the department has determined under this section that a device is no longer installed or functioning, the person must re-establish that a functioning device has been installed before a license may be reinstated or reissued during the remainder of an applicable period of restriction.