OAR 257-100-0020
Removal from List of Qualified Ignition Interlock Devices

(1) OSP may remove a device from the list of qualified devices, upon making any of the following determinations:
(a) The device has failed repeatedly. Device failure means the device has been found to fail repeatedly by an International Organization for Standardization (ISO) 17025 certified testing laboratory, or OSP;
(b) The manufacturer or manufacturer’s representative is found to be repeatedly noncompliant with the International Organization for Standardization (ISO) 9001 Quality Management System (QMS) or the Quality Assurance Plan (QAP);
(c) The manufacturer or manufacturer’s representative liability insurance has been terminated, canceled, or expired;
(d) The manufacturer or manufacturer’s representative is no longer operating in the state;
(e) The manufacturer or the manufacturer’s representative is repeatedly non-compliant with the requirements of OAR 257-100-0010 (Ignition Interlock Device Standards and Requirements), 257-100-0035 (Statewide Service Center Area Requirement), and 257-100-0050 (Performance Standards for Ignition Interlock Devices);
(f) The manufacturer or the manufacturer’s representative inaccurately represents that the device meets the performance standards described in these rules;
(g) The manufacturer or manufacturer representative repeatedly fails to report data as required in 257-100-0060 (Reporting Requirements of Manufacturers, Manufacturer’s Representatives, and Service Centers).
(h) The device’s components or design is modified in a way that results in the device no longer meeting NHTSA specifications;
(i) The manufacturer’s representative fails to have or maintain certified service centers to provide device services, pursuant to OAR 257-100-0035 (Statewide Service Center Area Requirement); or
(j) The manufacturer fails to notify OSP within 30 days of a final action to suspend, revoke, deny approval of or disqualify a device model from the list of qualified devices by any other state.
(2) A manufacturer may voluntarily request OSP to remove a device from the qualified list for which the manufacturer has previously received approval. Within 60 days after the receipt of the request, OSP shall remove the device from the qualified list.
(3) When OSP removes a device from the list of qualified devices, that device is no longer qualified for new installations and must be removed from existing vehicles. OSP shall post on its website when a device is removed from the list of qualified devices. The manufacturer’s representative must provide OSP with a list of all current individuals, including their contact information. An individual whose installed device is removed from the list of qualified devices must have the delisted device removed by a qualified ignition interlock device technician and a device of the individual’s choice, which is listed on the qualified device list, installed by a qualified ignition interlock device technician within 60 days of the delisted device being removed from the qualified device list. If an individual fails to remove and replace the device as required in this section, the individual will be considered to have no device installed. The manufacturer’s representative whose device was removed from the list of qualified devices must pay for the removal and install of a new device with the manufacturer representative’s surety bond pursuant to Rule 257-100-0025 (Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements)(2)(e).

Source: Rule 257-100-0020 — Removal from List of Qualified Ignition Interlock Devices, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=257-100-0020.

Last Updated

Jun. 8, 2021

Rule 257-100-0020’s source at or​.us