Section 10.12.050 Powers and Duties.


Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.050 read as follows.

A.    The Division, by the Director, shall be responsible for the enforcement and administration of this chapter Ordinance and any other powers vested in it by law and shall:
    1.    Require the submission of information, reports, plans, and specifications from I/M program stations and technician/testers as necessary to implement the provisions, requirements, and standards of this chapter Ordinance;
    2.    Issue permits, certifications, and charge fees as necessary to implement the provisions, requirements and standards of this chapter Ordinance;
    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 Ordinance;
    4.    Take samples and make analyses required to ensure that the provisions of this chapter Ordinance are met; and
    5.    Make policies and procedures necessary to ensure that the provisions of this chapter Ordinance are met and that the purposes of this chapter Ordinance are accomplished.
B.    The Division may suspend, revoke, or deny a permit of a enhanced basic an I/M program station 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 enhanced basic I/M program station upon showing that:
    1.    A vehicle was inspected and issued a certificate by a enhanced basic I/M program station when the vehicle station personnel that did not, at the time of inspection, comply with all applicable policies, procedures, technical bulletins, standards and this chapter Ordinance;
    2.    A vehicle was inspected and rejected by an enhanced basic I/M program the station when, in fact, the vehicle was determined, by the Director Division, to be in such condition that it did comply with the requirements of this chapter Ordinance;
    3.    A vehicle was inspected and was passed for the tampering inspection as detailed in Section 10.12.100(J) of this chapterthis Ordinance did not at the time of inspection comply with the requirements of the Section 10.12.100(J) tampering inspection this Ordinance;
    4.    The enhanced basic I/M program station is not regularly open and available to perform inspections during a major portion of the normal  with regularly set business hours, of eight a.m. to five p.m. Mondays through Fridays (except enhanced basic I/M program stations which test only their own vehicles for fleet facilities);
    5.    The enhanced basic I/M program station has violated any provision of this chapter Ordinance, or any rule, ordinance, or Division policy properly promulgated for the operation of an enhanced basic I/M program  a station;
    6.    The enhanced basic I/M program station was not equipped as required by Section 10.12.090 this Ordinance;
    7.    The enhanced basic I/M program Station is not operating at the location specified on the permit;
    8.    An official inspection was performed by a person not having a permit to perform official inspections or a non-permitted person has gained access to the official testing portion of the analyzer or a non-permitted person signed a certificate;
    9. 8.  The computerized UTAH2000 analyzer has been tampered with or altered in any way contrary to the certification and maintenance requirements of the analyzer;
    10.    9.  The enhanced basic I/M program station management or employee 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 manufacturers original specifications with or without an inspection being performed;
    11.    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 certificate of a certified emissions repair technician or certified emission tester and require the surrender of this certificate upon showing that:
    1.    The certified emissions repair technician or certified emissions tester caused a certificate of compliance to be issued without an approved inspection being made;
    2.    The certified emissions repair technician or certified emissions 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;
    3.    The certified emissions repair technician 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 Ordinance;
    4.    The certified emissions repair technician or certified emissions 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 Section 10.12.100(J), this Ordinance, regardless of whether a certificate of compliance was issued or not;
    5.    Inspections were performed by the certified emissions repair technician or certified emissions tester, but not in accordance with applicable policies, procedures, technical bulletins, and this chapter Ordinance;
    6.    The certified emissions repair technician or certified emissions tester allowed a non-certified person to perform an official I/M test or gain access to the official testing portion of the analyzer;
    7.    The certified emissions repair technician or certified emissions tester signed an inspection form or certificate stating that he/she had performed the emissions test when, in fact, he/she did not;
    8.    The certified emissions repair technician or certified emissions 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; and/or
    9.    The certified emissions repair technician or certified emissions tester signed a certificate prior to a test being performed and prior to the certificate being printed by the dedicated printer.
D.    The Division shall respond, according to the policies and procedures of the Division, to public 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. 7-1996 § 1 (part))