H.B. 62
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 12-20-22 6:09 PM 6
H.B. 62
1 DRIVING UNDER THE INFLUENCE MODI FICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote:12 voting for0 voting against 5 absent
11General Description:
12 This bill amends provisions related to an ignition interlock system and driving under
13the influence.
14Highlighted Provisions:
15 This bill:
16 <prohibits the Driver License Division from suspending a driver license unless the
17person fails to complete certain requirements as an ignition interlock restricted
18driver;
19 <for a person who elects to become an ignition interlock restricted driver, provides
20for time served as an ignition interlock restricted driver to count toward the time of
21a driver license suspension period in certain circumstances;
22 <prohibits a court from ordering an ignition interlock system from a specific
23provider;
24 <imposes certain monitoring requirements for an ignition interlock system;
25 <amends administrative rule requirements regarding ignition interlock system
26providers;
27 <provides procedures for a person to petition to remove an ignition interlock
*HB0062* H.B. 62 12-20-22 6:09 PM
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28restriction due to a medical condition;
29 <amends the revocation period for a refusal to submit to a chemical test under certain
30circumstances;
31 <provides in some circumstances that a person may elect to become an ignition
32interlock restricted driver after refusal of a chemical test;
33 <removes the requirement for a person to complete a risk assessment in connection
34with certain ignition interlock requirements;
35 <amends provisions relating to ignition interlock system providers; and
36 <makes technical and conforming changes.
37Money Appropriated in this Bill:
38 None
39Other Special Clauses:
40 None
41Utah Code Sections Affected:
42AMENDS:
43 41-6a-509, as last amended by Laws of Utah 2022, Chapter 116
44 41-6a-518, as last amended by Laws of Utah 2022, Chapter 272
45 41-6a-518.2, as last amended by Laws of Utah 2022, Chapter 116
46 41-6a-521, as last amended by Laws of Utah 2019, Chapter 77
47 53-3-223, as last amended by Laws of Utah 2022, Chapter 116
48 53-3-1007, as last amended by Laws of Utah 2016, Chapter 149
49
50Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 41-6a-509 is amended to read:
52 41-6a-509. Driver license suspension or revocation for a driving under the
53influence violation.
54 (1) (a) The Driver License Division shall, if the person is 21 years old or older at the
55time of arrest:
56 [(a)] (i) suspend for a period of 120 days the operator's license of a person convicted
57for the first time under Section 41-6a-502 or 76-5-102.1; or
58 [(b)] (ii) revoke for a period of two years the license of a person if: 12-20-22 6:09 PM H.B. 62
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59 [(i)] (A) the person has a prior conviction as defined under Subsection 41-6a-501(2);
60and
61 [(ii)] (B) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
62committed within a period of 10 years from the date of the prior violation.
63 (b) (i) If a person elects to become an interlock restricted driver under Subsection
6453-3-223(10)(a), the Driver License Division may not suspend the operator's license for a
65violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
66complete 120 days of the interlock restriction.
67 (ii) If a person elects to become an interlock restricted driver under Subsection
6853-3-223(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
69Driver License Division shall:
70 (A) suspend the operator's license as described in Subsection (1)(a)(i); and
71 (B) reduce the 120-day suspension by one day for each day the person was compliant
72with the interlock restriction under Subsection 53-3-223(10)(a).
73 (2) The Driver License Division shall, if the person is 19 years old or older but under
7421 years old at the time of arrest:
75 (a) suspend the person's driver license until the person is 21 years old or for a period of
76one year, whichever is longer, if the person is convicted for the first time of a violation under
77Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was committed on or after July
781, 2011;
79 (b) deny the person's application for a license or learner's permit until the person is 21
80years old or for a period of one year, whichever is longer, if the person:
81 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
8276-5-207 of an offense committed on or after July 1, 2011; and
83 (ii) has not been issued an operator license;
84 (c) revoke the person's driver license until the person is 21 years old or for a period of
85two years, whichever is longer, if:
86 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
87 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
88committed within a period of 10 years from the date of the prior violation; or
89 (d) deny the person's application for a license or learner's permit until the person is 21 H.B. 62 12-20-22 6:09 PM
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90years old or for a period of two years, whichever is longer, if:
91 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
92 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
93committed within a period of 10 years from the date of the prior violation; and
94 (iii) the person has not been issued an operator license.
95 (3) The Driver License Division shall, if the person is under 19 years old at the time of
96arrest:
97 (a) suspend the person's driver license until the person is 21 years old if the person is
98convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;
99 (b) deny the person's application for a license or learner's permit until the person is 21
100years old if the person:
101 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
10276-5-207; and
103 (ii) has not been issued an operator license;
104 (c) revoke the person's driver license until the person is 21 years old if:
105 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
106 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
107committed within a period of 10 years from the date of the prior violation; or
108 (d) deny the person's application for a license or learner's permit until the person is 21
109years old if:
110 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
111 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
112committed within a period of 10 years from the date of the prior violation; and
113 (iii) the person has not been issued an operator license.
114 (4) The Driver License Division shall suspend or revoke the license of a person as
115ordered by the court under Subsection (9).
116 (5) The Driver License Division shall subtract from any suspension or revocation
117period the number of days for which a license was previously suspended under Section
11853-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
119which the record of conviction is based.
120 (6) (a) If a conviction recorded as impaired driving is amended to a driving under the 12-20-22 6:09 PM H.B. 62
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121influence conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
122Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
123 [(a)] (i) may not subtract from any suspension or revocation any time for which a
124license was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
125 [(b)] (ii) shall start the suspension or revocation time under Subsection (1) on the date
126of the amended conviction.
127 (b) Notwithstanding Subsections (6)(a)(i) and (6)(a)(ii), the Driver License Division
128shall reduce the 120-day suspension period for a conviction under Section 41-6a-502 by one
129day for each day the person was compliant with the interlock restriction under Subsection
13053-3-223(10)(a).
131 (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1,
132or 76-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
133Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
134Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
135 (a) completes at least six months of the license suspension;
136 (b) completes a screening;
137 (c) completes an assessment, if it is found appropriate by a screening under Subsection
138(7)(b);
139 (d) completes substance abuse treatment if it is found appropriate by the assessment
140under Subsection (7)(c);
141 (e) completes an educational series if substance abuse treatment is not required by an
142assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
143 (f) has not been convicted of a violation of any motor vehicle law in which the person
144was involved as the operator of the vehicle during the suspension period imposed under
145Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
146 (g) has complied with all the terms of the person's probation or all orders of the court if
147not ordered to probation; and
148 (h) (i) is 18 years old or older and provides a sworn statement to the court that the
149person has not unlawfully consumed alcohol during the suspension period imposed under
150Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
151 (ii) is under 18 years old and has the person's parent or legal guardian provide an H.B. 62 12-20-22 6:09 PM
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152affidavit or sworn statement to the court certifying that to the parent or legal guardian's
153knowledge the person has not unlawfully consumed alcohol during the suspension period
154imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
155 (8) If the court shortens a person's license suspension period in accordance with the
156requirements of Subsection (7), the court shall forward the order shortening the person's
157suspension period to the Driver License Division in a manner specified by the division prior to
158the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
159(3)(a) or (b).
160 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
161the operator's license of a person who is convicted of a violation of Section 41-6a-502,
16276-5-102.1, or 76-5-207 to be suspended or revoked for an additional period of 90 days, 120
163days, 180 days, one year, or two years to remove from the highways those persons who have
164shown they are safety hazards.
165 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
166begin the date on which the individual would be eligible to reinstate the individual's driving
167privilege for a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207.
168 (b) If the court suspends or revokes the person's license under this Subsection (9), the
169court shall prepare and send to the Driver License Division an order to suspend or revoke that
170person's driving privileges for a specified period of time.
171 (10) (a) The court shall notify the Driver License Division if a person fails to complete
172all court ordered:
173 (i) screenings;
174 (ii) assessments;
175 (iii) educational series;
176 (iv) substance abuse treatment; and
177 (v) hours of work in a compensatory-service work program.
178 (b) Subject to Subsection 53-3-218(3), upon receiving the notification described in
179Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
180Subsection 53-3-221(2).
181 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502,
18276-5-102.1, or 76-5-207 to the Driver License Division may shorten the suspension period 12-20-22 6:09 PM H.B. 62
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183imposed under Subsection (1) before completion of the suspension period if the person is
184participating in or has successfully completed a 24-7 sobriety program as defined in Section
18541-6a-515.5.
186 (b) If the court shortens a person's license suspension period in accordance with the
187requirements of this Subsection (11), the court shall forward the order shortening the person's
188suspension period to the Driver License Division in a manner specified by the division.
189 (c) The court shall notify the Driver License Division, in a manner specified by the
190Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety
191program.
192 (d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
193offense, the division shall suspend the person's driving privilege for a period of 120 days from
194the date of notice.
195 (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
196subtracted from the 120-day suspension period for which a driving privilege was previously
197suspended under this section or Section 53-3-223, if the previous suspension was based on the
198same occurrence upon which the conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207
199is based.
200 (ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
201subsequent offense, the division shall revoke the person's driving privilege for a period of two
202years from the date of notice.
203 (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
204subtracted from the two-year revocation period for which a driving privilege was previously
205revoked under this section or Section 53-3-223, if the previous revocation was based on the
206same occurrence upon which the conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207
207is based.
208 Section 2. Section 41-6a-518 is amended to read:
209 41-6a-518. Ignition interlock devices -- Use and monitoring -- Probationer to pay
210cost -- Indigency -- Fee.
211 (1) As used in this section:
212 (a) "Commissioner" means the commissioner of the Department of Public Safety.
213 (b) "Employer verification" means written verification from the employer that: H.B. 62 12-20-22 6:09 PM
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214 (i) the employer is aware that the employee is an interlock restricted driver;
215 (ii) the vehicle the employee is operating for employment purposes is not made
216available to the employee for personal use;
217 (iii) the business entity that employs the employee is not entirely or partly owned or
218controlled by the employee;
219 (iv) the employer's auto insurance company is aware that the employee is an interlock
220restricted driver; and
221 (v) the employee has been added to the employer's auto insurance policy as an operator
222of the vehicle.
223 (c) "Ignition interlock system" or "system" means a constant monitoring device or any
224similar device certified by the commissioner that prevents a motor vehicle from being started
225or continuously operated without first determining the driver's breath alcohol concentration.
226 (d) "Probation provider" means the supervisor and monitor of the ignition interlock
227system required as a condition of probation who contracts with the court in accordance with
228Subsections 41-6a-507(2) and (3).
229 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
23041-6a-505, and in addition to any requirements imposed as a condition of probation, unless the
231court determines and states on the record that an ignition interlock system is not necessary for
232the safety of the community and in the best interest of justice, the court shall require that any
233person who is convicted of violating Section 41-6a-502 and who is granted probation may not
234operate a motor vehicle during the period of probation unless that motor vehicle is equipped
235with a functioning, certified ignition interlock system installed and calibrated so that the motor
236vehicle will not start or continuously operate if the operator's blood alcohol concentration
237exceeds .02 grams or greater.
238 (b) If a person convicted of violating Section 41-6a-502 was [under the age of 21]
239younger than 21 years old when the violation occurred, the court shall order the installation of
240the ignition interlock system as a condition of probation.
241 (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
242prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
243the interlock ignition system, at the person's expense, for all motor vehicles registered to that
244person and all motor vehicles operated by that person. 12-20-22 6:09 PM H.B. 62
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245 (ii) A person who operates a motor vehicle without an ignition interlock device as
246required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
247 (d) The division shall post the ignition interlock restriction on the electronic record
248available to law enforcement.
249 (e) This section does not apply to a person convicted of a violation of Section
25041-6a-502 whose violation does not involve alcohol.
251 (3) (a) If the court imposes the use of an ignition interlock system as a condition of
252probation, the court shall:
253 [(a)] (i) stipulate on the record the requirement for and the period of the use of an
254ignition interlock system;
255 [(b)] (ii) order that an ignition interlock system be installed on each motor vehicle
256owned or operated by the probationer, at the probationer's expense;
257 [(c)] (iii) immediately notify the Driver License Division and the person's probation
258provider of the order; [and]
259 [(d)] (iv) require the probationer to provide proof of compliance with the court's order
260to the probation provider within 30 days of the order[.]; and
261 (v) order the probationer to have the ignition interlock system installed and regularly
262monitored by an ignition interlock system provider licensed under Title 53, Chapter 3, Part 10,
263Ignition Interlock System Program Act.
264 (b) A court may not order a probationer to use a specific ignition interlock system
265provider.
266 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
267order imposing the use of a system or show cause why the order was not complied with to the
268court or to the probationer's probation provider.
269 (b) The probation provider shall notify the court of failure to comply under Subsection
270(4)(a).
271 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
272under Subsection (4)(b), the court shall order the Driver License Division to suspend the
273probationer's driving privileges for the remaining period during which the compliance was
274imposed.
275 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable H.B. 62 12-20-22 6:09 PM
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276to excuse the probationer's failure to comply with the court's order.
277 (5) (a) Any probationer required to install an ignition interlock system shall, every 30
278days or more frequently as the court may order, have the system monitored by the manufacturer
279or dealer of the system or the manufacturer's or dealer's authorized agent:
280 (i) [for] to determine the ignition interlock system's proper use and accuracy [at least
281semiannually and more frequently as the court may order.]; and
282 (ii) to collect information on all attempts to start the motor vehicle that were prevented
283by the ignition interlock system, including the date and time of each attempt.
284 (b) (i) A report of the monitoring described in Subsection (5)(a) shall be issued by the
285manufacturer or dealer or the manufacturer's or dealer's authorized agent to the court or the
286person's probation provider.
287 (ii) The report shall be issued within 14 days following each monitoring.
288 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
289reasonable costs of leasing or buying and installing [and], maintaining, and monitoring the
290system.
291 (b) A probationer may not be excluded from this section for inability to pay the costs,
292unless:
293 (i) the probationer files an affidavit of indigency in accordance with Section
29478A-2-302; and
295 (ii) the court enters a finding that the probationer is indigent.
296 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
297probationer to make partial or installment payments of costs when appropriate.
298 (d) The ignition interlock provider shall cover the costs of waivers by the court under
299this Subsection (6).
300 (7) (a) If a probationer is required in the course and scope of employment to operate a
301motor vehicle owned by the probationer's employer, the probationer may operate that motor
302vehicle without installation of an ignition interlock system only if:
303 (i) the motor vehicle is used in the course and scope of employment;
304 (ii) the employer has been notified that the employee is restricted; and
305 (iii) the employee has employer verification in the employee's possession while
306operating the employer's motor vehicle. 12-20-22 6:09 PM H.B. 62
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307 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
308probationer subject to this section for personal use, no exemption under this section shall apply.
309 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
310use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
311system shall notify the employer and obtain consent in writing from the employer to install a
312system in the employer-owned motor vehicle.
313 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
314by a probationer subject to this section is not a motor vehicle owned by the employer and does
315not qualify for an exemption under this Subsection (7).
316 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
317the commissioner shall make rules setting standards for the certification of ignition interlock
318systems.
319 (b) The standards under Subsection (8)(a) shall require that the system:
320 (i) not impede the safe operation of the motor vehicle;
321 (ii) have features that make circumventing difficult and that do not interfere with the
322normal use of the motor vehicle;
323 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
324 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
325concentration exceeds .02 grams or greater;
326 (v) work accurately and reliably in an unsupervised environment;
327 (vi) resist tampering and give evidence if tampering is attempted;
328 (vii) operate reliably over the range of motor vehicle environments;
329 (viii) collect information on all attempts to start a motor vehicle that were prevented by
330an ignition interlock system, including the date and time of each attempt; and
331 [(viii)] (ix) be manufactured by a party who will provide liability insurance.
332 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
333independent laboratory tests relied upon in certification of ignition interlock systems by other
334states.
335 (d) A list of certified systems shall be published by the commissioner and the cost of
336certification shall be borne by the manufacturers or dealers of ignition interlock systems
337seeking to sell, offer for sale, or lease the systems. H.B. 62 12-20-22 6:09 PM
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338 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
339annual dollar assessment against the manufacturers of ignition interlock systems distributed in
340the state for the costs incurred in certifying.
341 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
342manufacturers on a fair and reasonable basis.
343 (f) The commissioner shall require a provider of an ignition interlock system certified
344in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
345Ignition Interlock System Program Act.
346 (9) A violation of this section is a class C misdemeanor.
347 (10) There shall be no liability on the part of, and no cause of action of any nature shall
348arise against, the state or its employees in connection with the installation, use, operation,
349maintenance, or supervision of an interlock ignition system as required under this section.
350 Section 3. Section 41-6a-518.2 is amended to read:
351 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
352interlock system -- Exemptions.
353 (1) As used in this section:
354 (a) "Ignition interlock system" means a constant monitoring device or any similar
355device that:
356 (i) is in working order at the time of operation or actual physical control; and
357 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
35841-6a-518(8).
359 (b) (i) "Interlock restricted driver" means a person who:
360 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
361probation or parole not to operate a motor vehicle without an ignition interlock system;
362 (B) within the last 18 months has been convicted of a violation under Section
36341-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1;
364 (C) (I) within the last three years has been convicted of an offense which would be a
365conviction as defined under Section 41-6a-501; and
366 (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
367from the date that one or more prior offenses was committed if the prior offense resulted in a
368conviction as defined in Subsection 41-6a-501(2); 12-20-22 6:09 PM H.B. 62
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369 (D) within the last three years has been convicted of a violation of this section;
370 (E) within the last three years has had the person's driving privilege revoked through an
371administrative action for refusal to submit to a chemical test under Section 41-6a-520;
372 (F) within the last three years has been convicted of a violation of Section 41-6a-502,
373Subsection 41-6a-520(7), or Section 76-5-102.1 and was under [the age of] 21 years old at the
374time the offense was committed;
375 (G) within the last six years has been convicted of a felony violation of Section
37641-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1 for an offense that occurred after
377May 1, 2006; or
378 (H) within the last 10 years has been convicted of a violation of Section 76-5-207 for
379an offense that occurred after May 1, 2006.
380 (ii) "Interlock restricted driver" does not include a person:
381 (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
382Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and
383whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
384Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
385 (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
386Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver
387License Division at the time of sentencing that the conviction does not involve alcohol; or
388 (C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
389under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is
390removed as described in Subsection (7).
391 (2) The division shall post the ignition interlock restriction on a person's electronic
392record that is available to law enforcement.
393 (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
39441-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
395prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
396reduced or dismissed in accordance with the plea in abeyance agreement.
397 (4) An interlock restricted driver who operates or is in actual physical control of a
398vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
399 (5) It is an affirmative defense to a charge of a violation of Subsection (4) if: H.B. 62 12-20-22 6:09 PM
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400 (a) the interlock restricted driver operated or was in actual physical control of a vehicle
401owned by the interlock restricted driver's employer;
402 (b) the interlock restricted driver had given written notice to the employer of the
403interlock restricted driver's interlock restricted status prior to the operation or actual physical
404control under Subsection (5)(a);
405 (c) the interlock restricted driver had on the interlock restricted driver's person, or in
406the vehicle, at the time of operation or physical control employer verification, as defined in
407Subsection 41-6a-518(1); and
408 (d) the operation or actual physical control described in Subsection (5)(a) was in the
409scope of the interlock restricted driver's employment.
410 (6) The affirmative defense described in Subsection (5) does not apply to:
411 (a) an employer-owned motor vehicle that is made available to an interlock restricted
412driver for personal use; or
413 (b) a motor vehicle owned by a business entity that is entirely or partly owned or
414controlled by the interlock restricted driver.
415 (7) (a) An individual with an ignition interlock restriction may petition the division for
416removal of the restriction if the individual's offense did not involve alcohol.
417 (b) If the division is able to establish that an individual's offense did not involve
418alcohol, the division may remove the ignition interlock restriction.
419 (8) (a) (i) An individual with an ignition interlock restriction may petition the division
420for removal of the restriction if the individual has a medical condition that prohibits the
421individual from properly using an ignition interlock system.
422 (ii) In support of a petition under Subsection (8)(a)(i), the individual shall provide
423documentation from a physician that describes the individual's medical condition and whether
424the individual's medical condition would prohibit the individual from being able to properly
425use an ignition interlock system.
426 (b) If the division is able to establish that an individual is unable to properly use an
427ignition interlock system for a medical condition, the division may remove the ignition
428interlock restriction.
429 Section 4. Section 41-6a-521 is amended to read:
430 41-6a-521. Revocation hearing for refusal -- Appeal. 12-20-22 6:09 PM H.B. 62
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431 (1) (a) A person who has been notified of the Driver License Division's intention to
432revoke the person's license under Section 41-6a-520 is entitled to a hearing.
433 (b) A request for the hearing shall be made in writing within 10 calendar days after the
434day on which notice is provided.
435 (c) Upon request in a manner specified by the Driver License Division, the Driver
436License Division shall grant to the person an opportunity to be heard within 29 days after the
437date of arrest.
438 (d) If the person does not make a request for a hearing before the Driver License
439Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
440is revoked beginning on the 45th day after the date of arrest:
441 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
442 (A) except as provided in Subsection (1)(d)(i)(B), 18 months[, unless Subsection
443(1)(d)(i)(B) applies]; or
444 (B) 36 months[, if the arrest was made on or after July 1, 2009, and the person has had
445a previous] if the person previously committed an offense that occurred within the preceding
44610 years from the date of the arrest that resulted in a:
447 (I) license sanction [for an offense that occurred within the previous 10 years from the
448date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
449 (II) conviction [for an offense that occurred within the previous 10 years from the date
450of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
451constitute a violation of Section 41-6a-502;
452 (III) conviction for an offense under Section 76-5-102.1; or
453 (IV) conviction for an offense under Section 76-6-207; or
454 (ii) for a person under 21 years [of age] old on the date of arrest:
455 (A) except as provided in Subsection (1)(d)(ii)(B), until the person is 21 years [of age]
456old or for a period of two years, whichever is longer[, if the arrest was made on or after July 1,
4572011, unless Subsection (1)(d)(ii)(B) applies]; or
458 (B) until the person is 21 years [of age] old or for a period of 36 months, whichever is
459longer, [if the arrest was made on or after July 1, 2009, and the person has had a previous] if
460the person previously committed an offense that occurred within the preceding 10 years from
461the date of the arrest that resulted in a: H.B. 62 12-20-22 6:09 PM
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462 (I) license sanction [for an offense that occurred within the previous 10 years from the
463date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
464 (II) conviction for an offense [that occurred within the previous 10 years from the date
465of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
466constitute a violation of Section 41-6a-502; [or]
467 (III) conviction for an offense under Section 76-5-102.1; or
468 (IV) conviction for an offense under Section 76-5-207.
469 [(iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
470effect prior to July 1, 2009.]
471 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
472the hearing shall be conducted by the Driver License Division in:
473 (i) the county in which the offense occurred; or
474 (ii) a county which is adjacent to the county in which the offense occurred.
475 (b) The Driver License Division may hold a hearing in some other county if the Driver
476License Division and the person both agree.
477 (3) The hearing shall be documented and shall cover the issues of:
478 (a) whether a peace officer had reasonable grounds to believe that a person was
479operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or
48053-3-231; and
481 (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
482 (4) (a) In connection with the hearing, the division or its authorized agent:
483 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
484the production of relevant books and papers; and
485 (ii) shall issue subpoenas for the attendance of necessary peace officers.
486 (b) The Driver License Division shall pay witness fees and mileage from the
487Transportation Fund in accordance with the rates established in Section 78B-1-119.
488 (5) (a) If after a hearing, the Driver License Division determines that the person was
489requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
490person fails to appear before the Driver License Division as required in the notice, the Driver
491License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
492beginning on the date the hearing is held: 12-20-22 6:09 PM H.B. 62
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493 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
494 (A) except as provided in Subsection (5)(a)(i)(B), 18 months [unless Subsection
495(5)(a)(i)(B) applies]; or
496 (B) 36 months[, if the arrest was made on or after July 1, 2009, and the person has had
497a previous] if the person previously committed an offense that occurred within the preceding
49810 years from the date of the arrest that resulted in a:
499 (I) license sanction [for an offense that occurred within the previous 10 years from the
500date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
501 (II) conviction [for an offense that occurred within the previous 10 years from the date
502of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
503constitute a violation of Section 41-6a-502;
504 (III) conviction for an offense under Section 76-5-102.1; or
505 (IV) conviction for an offense under Section 76-5-207; or
506 (ii) for a person under 21 years of age on the date of arrest:
507 (A) except as provided in Subsection (5)(a)(ii)(B), until the person is 21 years [of age]
508old or for a period of two years, whichever is longer[, for an arrest that was made on or after
509July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies]; or
510 (B) until the person is 21 years of age or for a period of 36 months, whichever is
511longer, if [the arrest was made on or after July 1, 2009, and the person has had a previous] the
512person previously committed an offense that occurred within the preceding 10 years from the
513date of the arrest that resulted in a:
514 (I) license sanction [for an offense that occurred within the previous 10 years from the
515date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
516 (II) conviction [for an offense that occurred within the previous 10 years from the date
517of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
518constitute a violation of Section 41-6a-502; [or]
519 (III) conviction for an offense under Section 76-5-102.1; or
520 (IV) conviction for an offense under Section 76-5-207.
521 [(iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
522effect prior to July 1, 2009.]
523 (b) The Driver License Division shall also assess against the person, in addition to any H.B. 62 12-20-22 6:09 PM
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524fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
525before the person's driving privilege is reinstated, to cover administrative costs.
526 (c) The fee shall be cancelled if the person obtains an unappealed court decision
527following a proceeding allowed under Subsection (2) that the revocation was improper.
528 (6) (a) Any person whose license has been revoked by the Driver License Division
529under this section following an administrative hearing may seek judicial review.
530 (b) Judicial review of an informal adjudicative proceeding is a trial.
531 (c) Venue is in the district court in the county in which the offense occurred.
532 (7) If the Driver License Division revokes a person's license under Subsection
533(1)(d)(i)(A) or (5)(a)(i)(A), the person may petition the division and elect to become an ignition
534interlock restricted driver after the driver serves at least 90 days of the revocation if the person:
535 (a) has a valid driving privilege, with the exception of the revocation under Subsection
536(1)(d)(i)(A) or (5)(a)(i)(A);
537 (b) installs an ignition interlock device in any vehicle owned or driven by the person in
538accordance with Section 53-3-1007;
539 (c) pays the license reinstatement application fees described in Subsections
54053-3-105(26) and (27);
541 (d) pays the appropriate original license fees under Section 53-3-105; and
542 (e) completes the license application process including successful completion of
543required testing.
544 (8) (a) A person who elects to become an ignition interlock restricted driver under
545Subsection (7) shall remain an ignition interlock restricted driver for a period of three years.
546 (b) If the person described under Subsection (8)(a) removes an ignition interlock
547device from a vehicle owned or driven by the person prior to the expiration of the three-year
548ignition interlock restriction period and does not install a new ignition interlock device from
549the same or a different ignition interlock provider within 24 hours:
550 (i) the person's driver license shall be revoked under Subsection (1)(d)(i)(A) or
551(5)(a)(i)(A) from the original effective date of the revocation;
552 (ii) the person is required to pay the license reinstatement application fee under
553Subsection 53-3-105(26); and
554 (iii) the person may not elect to become an ignition interlock restricted driver under 12-20-22 6:09 PM H.B. 62
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555this section.
556 Section 5. Section 53-3-223 is amended to read:
557 53-3-223. Chemical test for driving under the influence -- Temporary license --
558Hearing and decision -- Suspension and fee -- Judicial review.
559 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
560violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace
561officer may, in connection with arresting the person, request that the person submit to a
562chemical test or tests to be administered in compliance with the standards under Section
56341-6a-520.
564 (b) In this section, a reference to Section 41-6a-502 includes any similar local
565ordinance adopted in compliance with Subsection 41-6a-510(1).
566 (2) The peace officer shall advise a person prior to the person's submission to a
567chemical test that a test result indicating a violation of Section 41-6a-502, 41-6a-517,
56876-5-102.1, or 76-5-207 shall, and the existence of a blood alcohol content sufficient to render
569the person incapable of safely driving a motor vehicle may, result in suspension or revocation
570of the person's license to drive a motor vehicle.
571 (3) If the person submits to a chemical test and the test results indicate a blood or
572breath alcohol content in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
573or if a peace officer makes a determination, based on reasonable grounds, that the person is
574otherwise in violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a peace officer shall, on
575behalf of the division and within 24 hours of arrest, give notice of the division's intention to
576suspend the person's license to drive a motor vehicle.
577 (4) When a peace officer gives notice on behalf of the division, the peace officer shall
578supply to the driver, in a manner specified by the division, basic information regarding how to
579obtain a prompt hearing before the division.
580 (5) As a matter of procedure, a peace officer shall send to the division within 10
581calendar days after the day on which notice is provided:
582 (a) a copy of the citation issued for the offense;
583 (b) a signed report in a manner specified by the division indicating the chemical test
584results, if any; and
585 (c) any other basis for the peace officer's determination that the person has violated H.B. 62 12-20-22 6:09 PM
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586Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
587 (6) (a) Upon request in a manner specified by the division, the division shall grant to
588the person an opportunity to be heard within 29 days after the date of arrest. The request to be
589heard shall be made within 10 calendar days of the day on which notice is provided under
590Subsection (5).
591 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
592division in:
593 (A) the county in which the arrest occurred; or
594 (B) a county that is adjacent to the county in which the arrest occurred.
595 (ii) The division may hold a hearing in some other county if the division and the person
596both agree.
597 (c) The hearing shall be documented and shall cover the issues of:
598 (i) whether a peace officer had reasonable grounds to believe the person was driving a
599motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207;
600 (ii) whether the person refused to submit to the test; and
601 (iii) the test results, if any.
602 (d) (i) In connection with a hearing the division or its authorized agent:
603 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
604the production of relevant books and papers; or
605 (B) may issue subpoenas for the attendance of necessary peace officers.
606 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
607accordance with the rates established in Section 78B-1-119.
608 (e) The division may designate one or more employees to conduct the hearing.
609 (f) Any decision made after a hearing before any designated employee is as valid as if
610made by the division.
611 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
612grounds to believe that the person was driving a motor vehicle in violation of Section
61341-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the person failed to appear before the
614division as required in the notice, or if a hearing is not requested under this section, the division
615shall:
616 (i) if the person is 21 years old or older at the time of arrest, suspend the person's 12-20-22 6:09 PM H.B. 62
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617license or permit to operate a motor vehicle for a period of:
618 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
619 (B) two years beginning on the 45th day after the date of arrest for a second or
620subsequent suspension for an offense that occurred within the previous 10 years; or
621 (ii) if the person is under 21 years old at the time of arrest:
622 (A) suspend the person's license or permit to operate a motor vehicle:
623 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
624first suspension; or
625 (II) until the person is 21 years old or for a period of two years, whichever is longer,
626beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
627offense that occurred within the previous 10 years; or
628 (B) deny the person's application for a license or learner's permit:
629 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
630first suspension, if the person has not been issued an operator license; or
631 (II) until the person is 21 years old or for a period of two years, whichever is longer,
632beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
633offense that occurred within the previous 10 years.
634 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
635reinstate a person's license prior to completion of the 120 day suspension period imposed under
636Subsection (7)(a)(i)(A):
637 (A) immediately upon receiving written verification of the person's dismissal of a
638charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written
639verification is received prior to completion of the suspension period; or
640 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
641receiving written verification of the person's reduction of a charge for a violation of Section
64241-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received prior to
643completion of the suspension period.
644 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
645reinstate a person's license prior to completion of the 120-day suspension period imposed under
646Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
647conviction of impaired driving under Section 41-6a-502.5 if: H.B. 62 12-20-22 6:09 PM
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648 (A) the written verification is received prior to completion of the suspension period;
649and
650 (B) the reporting court notifies the Driver License Division that the defendant is
651participating in or has successfully completed the program of a driving under the influence
652court as defined in Section 41-6a-501.
653 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
654required to pay the license reinstatement application fees under Subsections 53-3-105(26) and
655(27).
656 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
657apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
658 (8) (a) The division shall assess against a person, in addition to any fee imposed under
659Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
660administrative costs, which shall be paid before the person's driving privilege is reinstated.
661This fee shall be cancelled if the person obtains an unappealed division hearing or court
662decision that the suspension was not proper.
663 (b) A person whose license has been suspended by the division under this section
664following an administrative hearing may file a petition within 30 days after the suspension for a
665hearing on the matter which, if held, is governed by Section 53-3-224.
666 (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division shall
667reinstate a person's license before completion of the suspension period imposed under
668Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
669defendant is participating in or has successfully completed a 24-7 sobriety program as defined
670in Section 41-6a-515.5.
671 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to
672pay the license reinstatement application fees under Subsections 53-3-105(26) and (27).
673 (10) (a) If the division suspends a person's license for an alcohol related offense under
674Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
675interlock restricted driver if the person:
676 (i) has a valid driving privilege, with the exception of the suspension under Subsection
677(7)(a)(i)(A);
678 [(ii) completes a risk assessment approved by the division that:] 12-20-22 6:09 PM H.B. 62
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679 [(A) is completed after the date of the arrest for which the person is suspended under
680Subsection (7)(a)(i)(A); and]
681 [(B) identifies the person as a low risk offender;]
682 [(iii)] (ii) installs an ignition interlock device in any vehicle owned or driven by the
683person in accordance with Section 53-3-1007; and
684 [(iv)] (iii) pays the license reinstatement application fees described in Subsections
68553-3-105(26) and (27).
686 (b) (i) The person shall remain an ignition interlock restricted driver for a period of 120
687days from the original effective date of the suspension under Subsection (7)(a)(i)(A).
688 (ii) If the person removes an ignition interlock device from a vehicle owned or driven
689by the person prior to the expiration of the 120 day ignition interlock restriction period and
690does not install a new ignition interlock device from the same or a different provider within 24
691hours:
692 [(i)] (A) the person's driver license shall be suspended under Subsection (7)(a)(i)(A)
693for the remainder of the 120 day ignition interlock restriction period;
694 [(ii)] (B) the person is required to pay the license reinstatement application fee under
695Subsection 53-3-105(26); and
696 [(iii)] (C) the person may not elect to become an ignition interlock restricted driver
697under this section.
698 (c) If a person elects to become an ignition interlock restricted driver under Subsection
699(10)(a), the provisions under Subsection (7)(b) do not apply.
700 Section 6. Section 53-3-1007 is amended to read:
701 53-3-1007. Ignition interlock system provider -- Notification to the division upon
702installation or removal of an ignition interlock system -- Monitoring and reporting
703requirements -- Penalties.
704 (1) An ignition interlock system provider who installs an ignition interlock system on
705[a person's] an individual's vehicle shall:
706 (a) provide proof of installation to the [person] individual; and
707 (b) electronically notify the division of installation of an ignition interlock system on
708the [person's] individual's vehicle.
709 (2) An ignition interlock system provider shall electronically notify the division if [a H.B. 62 12-20-22 6:09 PM
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710person] an individual has:
711 (a) removed an ignition interlock system from the [person's] individual's vehicle[.];
712 (b) attempted to start the motor vehicle with a measurable breath alcohol concentration,
713and the attempt to start the motor vehicle was prevented by the ignition interlock system,
714including the date and time of each attempt; or
715 (c) failed to report to the ignition interlock provider for the purpose of monitoring the
716device every 30 days, or more frequently if ordered by the court as described in Subsection
71741-62-518(5)(a).
718 (3) If an individual is an interlock restricted driver and the individual removes an
719ignition interlock system as described in Subsection (2)(a), the division shall:
720 (a) suspend the [person's] individual's driving privilege for the duration of the
721restriction period as defined in Section 41-6a-518.2; and
722 (b) notify the [person] individual of the suspension period in place and the
723requirements for reinstatement of the driving privilege with respect to the ignition interlock
724restriction suspension.
725 (4) The division shall clear a suspension described in Subsection (3) upon:
726 (a) receipt of payment of the fee or fees required under Section 53-3-105; and
727 (b) (i) receipt of electronic notification from an ignition interlock system provider
728showing proof of the installation of an ignition interlock system on the [person's] individual's
729vehicle or the vehicle the [person] individual will be operating;
730 (ii) if the [person] individual does not own a vehicle or will not be operating a vehicle
731owned by another individual:
732 (A) electronic verification that the [person] individual does not have a vehicle
733registered in the [person's] individual's name in the state; and
734 (B) receipt of employer verification, as defined in Subsection 41-6a-518(1); or
735 (iii) if the [person] individual is not a resident of Utah, electronic verification that the
736[person] individual is licensed in the [person's] individual's state of residence or is in the
737process of obtaining a license in the [person's] individual's state of residence.
738 (5) If Subsection (4)(b)(ii) applies, the division shall every six months:
739 (a) electronically verify the [person] individual does not have a vehicle registered in the
740[person's] individual's name in the state; and 12-20-22 6:09 PM H.B. 62
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741 (b) require the [person] individual to provide updated documentation described in
742Subsection (4)(b)(ii).
743 (6) If the [person] individual described in Subsection (5) does not provide the required
744documentation described in Subsection (4)(b)(ii), the division shall suspend the [person's]
745individual's driving privilege until:
746 (a) the division receives payment of the fee or fees required under Section 53-3-105;
747and
748 (b) (i) the division:
749 (A) receives electronic notification from an ignition interlock system provider showing
750proof of the installation of an ignition interlock system on the [person's] individual's vehicle or
751the vehicle the [person] individual will be operating; or
752 (B) if the [person] individual does not own a vehicle or will not be operating a vehicle
753owned by another individual, receives electronic verification that the [person] individual does
754not have a vehicle registered in the [person's] individual's name in the state, and receives
755employer verification, as defined in Subsection 41-6a-518(1); or
756 (ii) if the [person] individual is not a resident of Utah, electronic verification that the
757[person] individual is licensed in the [person's] individual's state of residence or is in the
758process of obtaining a license in the [person's] individual's state of residence.
759 (7) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
760Act, the division shall suspend the license of any [person] individual without receiving a record
761of the [person's] individual's conviction of crime seven days after receiving electronic
762notification from an ignition interlock system provider that [a person] an individual has
763removed an ignition interlock system from the [person's] individual's vehicle or a vehicle
764owned by another individual and operated by the [person] individual if the [person] individual
765is an interlock restricted driver until:
766 (a) the division receives payment of the fee or fees specified in Section 53-3-105; and
767 (b) (i) (A) the division receives electronic notification from an ignition interlock
768system provider showing new proof of the installation of an ignition interlock system on the
769[person's] individual's vehicle or the vehicle the [person] individual will be operating; or
770 (B) if the [person] individual does not own a vehicle or will not be operating a vehicle
771owned by another individual, the division receives electronic verification that the [person] H.B. 62 12-20-22 6:09 PM
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772individual does not have a vehicle registered in the [person's] individual's name in the state,
773and receives employer verification, as defined in Subsection 41-6a-518(1);
774 (ii) if the [person] individual is not a resident of Utah, the division receives electronic
775verification that the [person] individual is licensed in the [person's] individual's state of
776residence or is in the process of obtaining a license in the [person's] individual's state of
777residence; or
778 (iii) the [person's] individual's interlock restricted period has expired.
779 (8) (a) Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division
780shall extend the individual's ignition interlock restriction period by 60 days.
781 (b) The division shall notify the individual of the modified ignition interlock restriction
782period described in Subsection (8)(a).
783 [(8)] (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
784Act, the division shall make rules establishing:
785 (a) procedures for certification and regulation of ignition interlock system providers;
786 (b) acceptable documentation for proof of the installation of an ignition interlock
787device;
788 (c) procedures for an ignition interlock system provider to electronically notify the
789division;
790 (d) procedures for an ignition interlock system provider to provide monitoring of an
791ignition interlock system and reporting the results of monitoring;
792 (e) procedures for the removal of an ignition interlock restriction if the individual has a
793medical condition that prohibits the individual from properly using an ignition interlock system
794as described in Subsection 41-6a-518.2(8); and
795 [(d)] (f) policies and procedures for the administration of the ignition interlock system
796program created under this section.