NJAC 13:19-6.10 Revocation of certification of BAIID
(a) The Chief Administrator shall revoke certification of a BAIID, and remove it from the list of approved BAIIDs, upon one or more of the following grounds:
1. Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
2. Termination of manufacturers liability insurance;
3. Notification that the manufacturer is no longer in business;
4. Request of the manufacturer to remove its BAIID from the list of approved BAIIDs;
5. Evidence that the manufacturer is not in compliance with the provisions of this subchapter, and the determination that the noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
6. Evidence that the manufacturer repeatedly is not in compliance with the provisions of this subchapter, and the determination that the repeated noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
7. Evidence that the BAIID was inaccurately represented to meet certification standards; or
8. Suspension, revocation or denial of certification or approval of a BAIID in another state.
(b) The effective date of revocation shall be 15 days after the Commission sends notification thereof to the manufacturer by certified mail, except in cases where the Chief Administrator determines immediate revocation is necessary for the safety and welfare of the public.
(c) Upon revocation of the Chief Administrators certification of a BAIID, the manufacturer shall be responsible for removal of all such BAIIDs from the vehicles of persons that had the BAIID installed to meet court-ordered sentencing requirements, for any costs connected with the removal, and for the cost of installation of new BAIIDs that comply with this subchapter.
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), substituted "Commission" for "Division"; substituted references to the Chief Administrator for references to the Director throughout.