Section 10.12.050 Powers and Duties.

    A.    The Division shall be responsible for the enforcement and administration of thisChapter and any other powers vested in it by law and shall:
        1.    Require the submission of information, reports, plans, and specifications from Certified Emission Repair Facilities and or Enhanced Basic Test Stations and Certified Repair Technicians and or Emission Testers as necessary to implement the provisions, requirements, and standards of this Chapter;
        2.    Issue permits, certifications, and charge fees as necessary to implement the provisions, requirements and standards of this Chapter;
        3.    Perform inspections (Audits) of any I/M Program Station, issue orders and/or notices, hold hearings, and levy administrative penalties, as necessary to effect the purposes of this Chapter;
        4.    Take samples and make analyses required to ensure that the provisions of this Chapter are met; and
        5.    Develop policies and procedures necessary to ensure that the provisions of thisChapter are met and that the purposes of this Ordinance are accomplished.
    B.    The Division may suspend, revoke, or deny a permit of  an Certified Emission Repair Facility and/or negotiate a monetary penalty in lieu of suspending a permit under a consent agreement, and/or require the surrender of the permit and unused Certificates of Compliance and other official documents of such Certified Emission Repair Facility and/or Enhanced Basic Test Station upon showing that:
        1.    A vehicle was inspected and issued a Certificate by  station personnel that did not, at the time of inspection, comply with all applicable policies, procedures, Technician Bulletins, standards and this Chapter;
        2.    A vehicle was inspected and rejected by  the station when, in fact, the vehicle was determined, by the  Division, to be in such condition that it did comply with the requirements of this Chapter;
        3.    A vehicle was inspected and was passed for the Tampering Inspection as detailed in this Chapter did not at the time of Inspection comply with the requirements of  this Chapter;
        4.    The Station is not regularly open and available to perform inspections  with regularly set business hours, Mondays through Fridays (except  for fleet facilities);
        5.    The Station has violated any provision of this Chapter, or Division policy properly promulgated for the operation of  a Station;
        6.    The Station was not equipped as required by  this Chapter;
        7.    Station is not operating at the location specified on the permit;    
        8.  The UTAH2000 Analyzer has been tampered with or altered in any way contrary to the certification and maintenance requirements of the analyzer;
        9.  The Station denies access to a representative of the Division to conduct an Audit/Inspection or other necessary business during regular business hours; or
        10.  The station performed unnecessary repairs not justified by the results of the Inspection;
        11.  A vehicle was tampered, altered or in any way changed from manufacturer's original specifications with or without an inspection being performed;
        12.  In accordance with Sections 41-6-163.6 and 41-6-163.7 Utah Code Annotated, 1953, as amended, an Emissions Inspection for a Weber, Salt Lake, or Utah County resident was performed but not as required by the Regulations/Ordinances adopted by the applicable county and/or the UTAH2000 analyzer prompts.
    C.    The Division may suspend, revoke, or deny the permit of a Certified Emissions Repair Technician or Certified Emissions Tester and require the surrender of this permit upon showing that:
        1.    The Certified Emissions Repair Technician and/or Tester issued a Certificate of Compliance without an approved inspection being made;
        2.    The Certified Emissions Repair Technician and/or Tester denied the issuance of a Certificate of Compliance to a vehicle that, at the time of the Inspection, complied with the law for issuance of said Certificate of Compliance;
        3.    The Certified Emissions Repair Technician and/or certified emissions Tester issued a Certificate of Compliance to a vehicle that, at the time of issuance, was in such condition that it did not comply with this  Chapter;
        4.    The Certified Emissions Repair Technician and/or Tester inspected and recorded "pass" on the Tampering Inspection for a vehicle that did not at the time of Inspection comply with the tampering requirements of the Tampering Inspection detailed in  this Chapter, regardless of whether a Certificate of Compliance was issued or not;
        5.    Inspections were performed by the Certified Emissions Repair Technician and/or Tester, but not in accordance with applicable policies, procedures, Technical Bulletins, and this Chapter;
        6.    The Certified Emissions Repair Technician and/or ester allowed a non-certified person to perform an official Emission test or gain access to the official testing portion of the analyzer;
        7.    The Certified Emissions Repair Technician and/or ester signed an Inspection form or Certificate of Compliance stating that he/she had performed the Emissions test when, in fact, he/she did not;
        8.    The Certified Emissions Repair Technician and/or Tester performed a Weber, Salt Lake, or Utah County test as required by Sections 41-6-163.6 and 41-6-163.7, Utah Code Annotated, 1953, as amended, but did not perform it as required by the Ordinances or Regulations governing such testing in these counties if reciprocity with other counties is in effect;
    D.    The Division shall respond, according to the policies and procedures to complaints regarding the fairness and integrity of inspections they receive and shall provide a method that Inspection results may be challenged if there is a reason to believe them to be inaccurate.
 


(Ord. 6-2008, Amended, 07/15/2008, Prior Text; Ord. 03-2002, Amended, 10/01/2002, Prior Text)