SECTION 40:50-1-2.1. Approval and denial  


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  • (a)   The Board shall notify the applicant of certification of a device or of denial to certify the device within 10 days of such determination.
    (b)   The Board may deny certification of a device upon finding any of the following:
    (1)   A Defect in the design, materials or workmanship causing the device to fail to function as intended.
    (2)   False or inaccurate information provided by the manufacturer, manufacturer representative or independent laboratory.
    (3)   Modification of the components or design of the device or modification of National Highway Traffic Safety Administration specifications that causes the device to no longer satisfy the current National Highway Traffic Safety Administration specifications.
    (4)   The device fails the compliance testing conducted by the Board.
    (5)   The device fails to meet the requirements for certification or is no longer in compliance with all the requirements in this title.
    (c)   The Board may prescribe procedures for the conditional approval of devices in the event of:
    (1)   Technical non-compliance with the certification requirements that does not represent a threat to the safety of the public or the user of the device, or diminish the effectiveness of the device in preventing unauthorized vehicle starts.
    (2)   Conditional approval of a previously approved device would temporarily ease the administrative burden on the agency.
    (d)   The decision to award conditional approval lies solely with the Board.
    (e)   When granted, conditional approval shall not exceed one six (6) month period.
[Source: Added at 27 Ok Reg 2667, eff 8-26-10; Amended at 35 Ok Reg 791, eff 9-14-18]