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<regulation prefix="Regulation" num=".19" citation="COMAR 11.14.08.19" title_num="11" subtitle_num="14" chapter_num="08" heading="Certified Emissions Repair Facility.">
  <paragraph num="A.">
    <text>Initial Application and Certification. To qualify for certification, a person shall:</text>
    <paragraph num="(1)">
      <text>Submit an application to the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Maintain a repair facility capable of making emissions-related adjustments and repairs;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Possess all required equipment as listed in §C of this regulation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Pass an audit as defined in §F of this regulation; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Employ all required personnel as listed in §D of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Suspension, Revocation, and Denial of Certification.</text>
    <paragraph num="(1)">
      <text>The Department may suspend, revoke, or deny a certification under any of the following conditions:</text>
      <paragraph num="(a)">
        <text>False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Certification is obtained, or attempted to be obtained, fraudulently or deceptively;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An audit under §F of this regulation is failed; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspections.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may reinstate a suspended certification upon the resumption of compliance by the facility with the requirements of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A person whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation if:</text>
      <paragraph num="(a)">
        <text>At least 90 days have elapsed since the revocation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Corrective action approved by the Department has been taken.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Equipment and Tool Requirements. A certified emissions repair facility shall possess and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:</text>
    <paragraph num="(1)">
      <text>Emissions diagnostic and repair information for affected model year vehicles;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A scan tool to extract fault codes from any vehicle equipped with on-board diagnostics;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A multimeter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A fuel or hydraulic pressure gauge;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A vacuum gauge;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A vacuum pump; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A compression tester or cylinder leak down tester.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Personnel Requirements.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Is routinely scheduled to work during the advertised operating hours of the facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides documentation, in a form prescribed by the Administration and the Department, on the vehicle repairs performed and certifies  that the repairs have been performed or supervised by a master certified emissions technician.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Audits.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An audit shall include:</text>
      <paragraph num="(a)">
        <text>A review of vehicle repair history; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Checks of record-keeping, equipment, and compliance with personnel requirements.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Audit failure is cause for suspension, revocation, or denial of  facility certification.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Record Keeping.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Records of quality assurance procedures in compliance with the provisions of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Vehicle repair records.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Department.</text>
    </paragraph>
  </paragraph>
</regulation>