§ 55-10-420 — License to provide compliance-based ignition interlock services

Tennessee § 55-10-420

• Jurisdiction: Tennessee
• Title: 55

Text

(a) As used in this section: (1) "In writing" means either by written electronic communication or by written physical communication; (2) "Manufacturer" means an individual or entity responsible for the design, construction, or production of an ignition interlock device that has been approved by the ignition interlock program as meeting all of the minimum requirements set forth in the ignition interlock device program rules; (3) "Permanent revocation" means the indefinite revocation of an entity's or individual's license or ability to perform the actions authorized under this section; (4) "Service center" means an entity designated by the manufacturer and approved by the ignition interlock program to provide services, including, but not limited to, installation, inspection, maintenance, and removal of an ignition interlock device within this state; (5) "Subcontractor" means an individual or entity, other than a service center or technician, seeking to provide intermediary services for a manufacturer, including, but not limited to, opening and managing service centers and installing and monitoring ignition interlock devices; (6) "Technician" means a person affiliated with a service center and engaged in the installation, inspection, maintenance, and removal of ignition interlock devices in this state; and (7) "Temporary suspension" means the partial or full removal of an entity's or individual's license or ability to perform the actions authorized in this section, for a period of not more than one (1) year. (b) A manufacturer, service center, technician, or subcontractor must be licensed by the department of safety in order to provide compliance-based ignition interlock services under this section. (c) (1) The department shall establish the requirements for each license category by rule pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A manufacturer, service center, technician, or subcontractor must apply to the department for a license to operate in this state. The application must be on a form published by the department and must be accompanied by the fee set by the department under subdivision (c)(2). (2) The department may impose an initial application fee not to exceed two hundred fifty dollars ($250) and a renewal application fee not to exceed one hundred fifty dollars ($150). Fees paid under this subsection (c) must only be used to fund the ignition interlock program within the department. Fee amounts must be established by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) If an applicant meets the requirements for the license type for which the applicant applied, then the department must issue the applicant a license valid for one (1) year. (e) (1) If a licensee's renewal application is received by the department at least sixty (60) days prior to the expiration of the licensee's current license, then the licensee is authorized to continue to perform new installations of ignition interlock devices after the expiration date of the license so long as the department has not issued a denial of a renewal. (2) If a licensee's renewal application is received by the department less than sixty (60) days prior to the expiration date of the licensee's current license, then the licensee is not authorized to perform new installations of ignition interlock devices after the expiration date of the license until a renewal has been issued by the department. In addition to the renewal fee, the licensee is subject to a late fee not to exceed one hundred dollars ($100). (3) The department must inform the licensee in writing of the date the renewal application was received by the department. (f) A former licensee who has not held an active license for more than (1) year from the date of expiration of the previous license is not eligible for renewal and must apply as an initial applicant. (g) (1) The department may temporarily suspend or permanently revoke a license, either in whole or in part, of a licensee who violates this section or rules promulgated by the department. Temporary suspension or permanent revocation may include, but is not limited to: (A) Ceasing the licensee's ability to perform new installations of ignition interlock devices; and (B) Ceasing the licensee's ability to open any new service centers. (2) If a license is permanently revoked, then the department may require the licensee to pay for the licensee's existing customers to transition to a new ignition interlock device, regardless of manufacturer. (h) (1) An individual or entity may seek administrative review of the department's denial of an initial application, denial of a renewal application, temporary suspension, or permanent revocation. (2) In order to seek administrative review under this subsection (h), the individual or entity must submit the request for review in writing to the ignition interlock division. The request for review under this subsection (h) must include the individual's or entity's reasoning for the request and supporting documentation. The ignition interlock division shall forward the request to the colonel of the highway patrol or the colonel's designee for review and a final determination. (3) The colonel or the colonel's designee shall review the department's records regarding the individual or entity and the supporting documentation provided by the individual or entity, and render a determination in writing within thirty (30) business days of the division's receipt of the request. (4) Following the determination, the individual or entity may seek judicial review of the decision of the colonel or the colonel's designee as provided by § 4-5-322 . (i) The department may promulgate rules pursuant to the Uniform Administrative Procedures Act in order to carry out this section; provided, that the rules shall not exceed the authority granted in this section. All licenses and licensees are subject to rules promulgated pursuant to this section.

Legislative History

Added by 2022 Tenn. Acts, ch. 964, s 26, eff. 1/1/2023.