(A) Each manufacturer, including all installation sites, shall be subject to unannounced audits and inspections by the department for the purpose of inspecting the facilities, all immobilizing or disabling devices including certified ignition interlock devices, and all records pertaining to the installation and monitoring of each device. Each manufacturer and installer shall maintain documentation in an accessible location, and promptly provide documentation to the department for review during any onsite inspection. Documentation that is not maintained at the location of the department's audit or inspection shall be provided to the department within five days of the department's request.
(B) For any offsite review, each manufacturer and installer shall provide all records requested by the department within fifteen days of the request.
(C) The manufacturer is responsible for maintaining complete and accurate records, which includes but is not limited to, the following:
(1) A copy of the certificate affirming installation issued to the offenders;
(2) Documentation of each contact with an offender that includes information on installation, monitoring check results, and reporting of any violations to the court;
(3) Fees charged to indigent offenders;
(4) Criminal background checks.
(D) A manufacturer shall retain every document related to device installation, monitoring, operation, lease, sale, or otherwise required by Chapter 4501-45 of the Administrative Code for five years.
(E) Any failure to comply with any law or rule involving the licensing and certification of ignition interlock devices or other immobilizing or disabling device that is committed by an installer shall be attributable to the manufacturer.
(F) If sufficient cause exists, as determined by the director, that the manufacturer does not meet the requirements of any applicable laws or the rules of this chapter, the manufacturer's license and/or certification(s) of all immobilizing or disabling devices, and/or ignition interlock devices, shall be subject to immediate suspension by the director. Any immediate suspension may be limited to prohibiting a manufacturer from installing any new devices at specified installation sites during the suspension period. The manufacturer may appeal an immediate suspension in accordance with rule 4501-45-06 of the Administrative Code.
Five Year Review (FYR) Dates: 03/21/2021
Promulgated Under: 119.03
Statutory Authority: 5502.011
Rule Amplifies: 5502.011
Prior Effective Dates: 09/06/1988 (Emer.), 07/22/1990, 08/24/2003, 12/31/2010, 04/01/2016