11.14.08.18

.18 Certified Emissions Repair Facility.

A. Initial Application and Certification.

(1) To qualify for certification, a person shall:

(a) Submit an application to the Department;

(b) Maintain a repair facility capable of making emissions-related adjustments and repairs;

(c) Possess all required equipment as listed in §D of this regulation;

(d) Pass an audit as defined in §G of this regulation; and

(e) Employ all required personnel as listed in §E of this regulation.

(2) Certification under this section is valid for 3 years.

B. Certification Renewal.

(1) At least 60 days before expiration of certification, a person may apply for certification renewal. Upon approval of the completed application, the Department may extend the certification for an additional 3-year period.

(2) A certification which expires before receipt of the application by the Department may not be renewed. If a certification expires, a person may reapply according to the procedures of §A of this regulation.

C. Suspension, Revocation, and Denial of Renewal of Certification.

(1) The Department may suspend, revoke, or deny renewal of a certification under any of the following conditions:

(a) False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;

(b) Certification is obtained, or attempted to be obtained, fraudulently or deceptively;

(c) An audit under §G of this regulation is failed; or

(d) Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspections.

(2) The Department may reinstate a suspended certification upon the resumption of compliance by the facility with the requirements of this chapter.

(3) Upon revocation of certification a person shall, within 10 business days, return to the Department all materials which were issued as a result of the certification, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be certified.

(4) A person whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation if:

(a) At least 90 days have elapsed since the revocation; and

(b) Corrective action approved by the Department has been taken.

D. Equipment and Tool Requirements.

(1) An on-board diagnostics certified emissions repair facility shall possess and update as required all of the following equipment and tools:

(a) Emissions diagnostic and repair information for affected model year vehicles;

(b) A scan tool to extract fault codes from any vehicle equipped with on-board diagnostics;

(c) A multimeter;

(d) A fuel or hydraulic pressure gauge;

(e) A vacuum gauge;

(f) A vacuum pump; and

(g) A compression tester or cylinder leak down tester.

(2) In addition to the equipment specified in §D(1) of this regulation, an on-board diagnostics and idle test certified emissions repair facility shall possess an exhaust emissions analyzer approved by the Department.

(3) The list of approved exhaust emissions analyzers shall be available from the Department upon request.

E. Personnel Requirements.

(1) A certified emissions repair facility shall ensure that only a master certified emissions technician diagnoses emissions-related faults, and supervises or performs emissions-related repairs and adjustments to bring vehicles into compliance with the provisions of this chapter.

(2) A certified emissions repair facility shall employ at least one full-time master certified emissions technician at each certified emissions repair facility location and ensure that a master certified emissions technician:

(a) Is routinely scheduled to work during the advertised operating hours of the facility; and

(b) Fills out completely the vehicle repair form and certifies by signature on the vehicle repair form that the repairs have been performed or supervised by a certified emissions technician.

F. Equipment Quality Assurance. For all equipment required under this regulation, a certified emissions repair facility shall follow, at a minimum, the manufacturer's specifications for maintenance and calibration, and the procedures established by the Department.

G. Audits.

(1) A certified emissions repair facility shall allow access to Department personnel to conduct audits of the facility. Audits will be conducted at random and with no prior notification.

(2) An audit shall include:

(a) A review of vehicle repair history; and

(b) Checks of record-keeping, equipment, calibration gas, and compliance with personnel requirements.

(3) Audit failure is cause for suspension, revocation, or denial of renewal of facility certification.

(4) Uncooperative or abusive behavior by an employee, representative, or individual at a certified emissions repair facility is cause for audit failure.

(5) A certified emissions repair facility may not use any piece of equipment which fails an audit until a subsequent audit is passed.

(6) A certified emissions technician shall be present for the audit. An audit is failed if a certified emissions technician who is present at the facility fails to begin the audit within 30 minutes of the arrival of an auditor.

(7) The certified emissions repair facility shall allow further monitoring at the discretion of the Department to ensure quality control or to determine compliance with this chapter.

H. Record Keeping.

(1) A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of 3 years, at the facility or at an alternative location approved by the Department:

(a) Records of quality assurance procedures in compliance with the provisions of this chapter;

(b) Records of audits conducted by the Department; and

(c) Vehicle repair records.

(2) A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Department.