BEFORE THE DEPARTMENT OFJUSTICE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II pertaining to Ignition Interlock Devices

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1. On September 22, 2017, the Department of Justice published MAR Notice No. 23-3-246 pertaining to the proposed adoption of the above-stated rules at page 1598 of the 2017 Montana Administrative Register, Issue Number 18.

 

2. The department has adopted the following rule as proposed: New Rule II (23.3.954).

 

3. The department has adopted the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

NEW RULE I (23.3.953)  DEFINITIONS (1) and (2) remain as proposed.

(3) "Manufacturer" means the person, company, or corporation who produces the IID responsible for the design, construction, and/or production of the IID.

(4) "Manufacturer representative" means the employee an individual designated to act on behalf of and/or represent the manufacturer in all matters relating to the IID certification process, compliance, and reporting requirements with the State of Montana department.

(5) "Service center" means a location where certified IIDs are serviced, installed, monitored, and removed, and calibrated.

(6) remains as proposed.

(7) "Vendor" means a person or entity designated by the, company, business, or distributor who is contracted by a manufacturer to manage the installation, calibration, and removal of IIDs conduct business on behalf of the manufacturer.

(8) "Vendor representative" means the an individual employee designated by the vendor as a contact for the department. to act on behalf of and/or represent the vendor in all matters relating to the repair, installation, calibration, and removal of IIDs.

(9) remains as proposed.

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

Comment 1:  Commenters objected to various definitions in proposed New Rule I, including lack of clarity, and requested the definitions of the Association of Ignition Interlock Program Administrators be used with some amendments.

 

Response 1:  The department agrees in part and disagrees in part with the objections. The department does not amend the definitions of certificate holder and circumvention.  The department agrees in part and amends the definitions of manufacturer, manufacturer representative, service center, vendor, and vendor representative to improve clarity. 

 

Comment 2: Commenter objected to New Rule II as unnecessary because the volume standard is currently established at 1.2 liters.

 

Response 2: The department disagrees with this objection because the authority to issue an exemption is in the sole discretion of the department. The department will carefully analyze and give direction to the interlock manufacturer or vendor.

 

 

 

/s/ Matthew T. Cochenour                         /s/ Timothy C. Fox                          

Matthew T. Cochenour                              Timothy C. Fox

Rule Reviewer                                           Attorney General

                                                                  Department of Justice

           

Certified to the Secretary of State March 6, 2018.