OAR 257-100-0025
Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements

(1) A manufacturer’s representative shall be certified when the manufacturer’s representative meets the device requirements in OAR 257-100-0010 (Ignition Interlock Device Standards and Requirements) and the Statewide Service Center Area Requirement in OAR 257-100-0035 (Statewide Service Center Area Requirement).
(2) A manufacturer’s representative must submit an application, and associated materials as set out in (a) to (d) below, to OSP for each fixed site service center the manufacturer’s representative seeks to have certified. Incomplete applications will not be accepted. The manufacturer’s representative must submit the following for service center certification or recertification:
(a) A completed Ignition Interlock Device Service Center Certification Application, OSP form 257-0002;
(b) A written statement from a manufacturer’s representative, written on the manufacturer’s representative letterhead, addressed to OSP, that authorizes a service center to service the qualified device;
(c) A written statement explaining how the manufacturer representative and service center will comply with recordkeeping requirements described in OAR 257, division 100;
(d) An itemized list of all expenses and rates that may be charged to an individual by both the service center and manufacturer’s representative; and
(e) A manufacturer’s representative must obtain and maintain throughout the certification period a bond in the amount of $100,000. The bond inures to the benefit of the State of Oregon and shall be used to reimburse expenses related to the device services incurred by any individual who is required to equip a motor vehicle with a device by the State of Oregon or any political subdivision thereof and who documents a loss because of the device being removed from the list of qualified ignition interlock devices, insolvency or discontinuance of business of the manufacturer, manufacturer’s representative, or service center. A manufacturer’ representative must complete OSP Form 257-0008 – Ignition Interlock Device Program Surety Bond Form. A valid Ignition Interlock Device Program Surety Bond must comply with all of the following:
(A) The bond must be issued by a surety company licensed to do business within the State of Oregon;
(B) The surety company issuing the bond must agree to notify OSP if the bond is canceled for any reason and must agree to continue bond coverage until OSP receives actual notice of cancellation;
(C) The bond must be executed to the State of Oregon; and
(D) A copy of the bond must be filed and held in the office of OSP.
(3) A service center is eligible for certification or recertification when:
(a) The service center is part of a manufacturer’s representative network;
(b) The service center only services devices qualified by OSP;
(c) The service center is located in a fixed site facility that can provide all device services;
(d) The service center has posted a current copy of the maximum fees and rates an individual may be charged for all device services including, but not limited to the monthly lease amounts, any shipping fees, any additional charges anticipated for routine calibration, and service checks. These posted fees and rates must be plainly visible and capable of being read at all times by the public;
(e) The service center provides each individual customer with a statement of charges for all services, including: clear and specific warranty details; contractual agreements; monthly lease amounts; shipping fees; additional charges anticipated for routine calibration and service checks; and which services, if any, are provided without charge prior to device installation;
(f) The service center provides OSP with written notice of any changes to the maximum fees and rates an individual customer may be charged for the device and device services 30 days prior to the increased fee or rate implementation;
(g) The service center is compliant with all municipal and county zoning regulations for commercial businesses;
(h) The service center has and maintains a designated waiting area separate from the service area. The designated waiting area must be partitioned from the service area so an individual may not view the installation or removal of the device;
(i) The service center has a viewing area and appropriate equipment available for customers to view training videos provided by the manufacturer, manufacturer’s representative, or OSP;
(j) The service center has a device available at each service center location for individual customers to use prior to installation. The device must power on, accept an acceptable breath sample, and be programed with anti-circumvention features.
(k) The service center maintains technician qualification records with the manufacturer’s representative for all employed service center ignition interlock device technicians during the term of employment and for five years following termination of employment;
(l) The service center posts the OSP service center complaint form information where it is visible to the public;
(m) The service center posts the service center’s certification in the service center in a place visible to the public;
(n) The service center only charges for device services as defined in OAR 257-100-0025 (Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements)(2)(d); and
(o) The service center provides device installation and removal services within five days from a customer’s request and all other services within three days; banking holidays excepted.
(4) OSP shall conduct a service center inspection using the Ignition Interlock Device Service Center Inspection Report Form 257-0005 before the service center may be initially certified, and annually thereafter for the service center to maintain its certification. OSP may perform unscheduled inspections. An OSP inspection of a service center shall determine if the service center meets all service center requirements listed within the applicable statutes and these implementing rules, OAR 257, division 100. During an inspection, OSP may: bench test devices; test ignition interlock device technician knowledge; inspect records; and evaluate for reasonable quality of workmanship.
(5) Service center certifications are valid for one year. OSP shall notify the manufacturer’s representative in writing if OSP has approved or denied the application for certification or recertification.
(6) An application and payment for renewal of a service center certification must be submitted to OSP by a certified manufacturer’s representative 90 days prior to the expiration date of the current certification. A manufacturer’s representative must use the Ignition Interlock Device Service Center Certification Application, OSP form 257-0002, for renewal. Following receipt of the renewal application, OSP shall conduct an inspection (as described in section (4) above) of the service center and any mobile service vehicles. OSP shall renew certification of a service center upon receipt of a completed application, successful completion of the inspection, proof of bond as described in section (1) (e), and payment of all applicable fees for one year from the date of the last certification.
(7) If OSP denies a service center certification or refuses to renew a service center certification, the manufacturer’s representative or the service center may request a hearing as provided in OAR 257-100-0080 (Hearing Procedure).

Source: Rule 257-100-0025 — Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=257-100-0025.

Last Updated

Jun. 8, 2021

Rule 257-100-0025’s source at or​.us