A.    To become a Davis County Certified Emission Tester and/or Repair Technician, a Permit is required.

        1.    No person shall perform any part of the official Emissions Test or the issuance of a Certificate of Compliance unless the person possesses a valid Certified Emissions Tester and/or Repair Technician permit issued by the Division.

        2.    Applications for a Certified Emissions Tester or Repair Technician permit shall be made upon a Division approved form.  No permit shall be issued unless the applicant has shown adequate competence by successfully completing the written and practical portions of the permit requirements as specified in this Chapter.  An applicant must meet the Certified Emission Tester permit requirements prior to obtaining a Repair Technician permit.

        3.    An applicant shall comply with all of the terms stated in the permit application and with all the requirements of this Chapter.

        4.    To obtain a Certified Emission Tester permit,an applicant shall complete a Division approved self-study training course and shall demonstrate knowledge and skill concerning the performance of Emissions Tests. Such knowledge and skill shall be shown by passing:

            a.    A written qualification test including knowledge of the following:

                i.    Operation and purposes of emission control systems;

                ii.    Relationship of HC, NO _x and CO to timing and carburetor adjustment;

                iii.    Adjustment to manufacturer's and high altitude specifications;

                iv.    Inspection procedures as outlined in this Chapter;

                v.    Operation of an exhaust gas analyzer including the performance of a gas calibration and leak check;

                vi.    The provisions of Section 207(b) warranty provisions of the Federal Clean Air Act; and

                vii.    Knowledge of the function of Onboard Diagnostics, and            

                viii.    The provisions of this Chapter and other Division policies and procedures.

            b.    A performance qualification test including the following:

                i.    Visual inspection and knowledge of the function of the required emission control equipment;

                ii.    Demonstration of skill in the proper use, care, maintenance, and calibration and leak checking of approved analyzers;

                iii.    Demonstration of ability to conduct the Emissions Test; and            

                iv.    Demonstration of ability to accurately and legibly complete the inspection forms.

        5.    A signed hands-on performance check sheet shall be necessary for successful completion of the performance qualification test. The hands-on performance check sheet shall be signed by an instructor or other person approved by the Division.

        6.    To qualify for and obtain a Certified Repair Technician permit, an individual shall meet the following requirements:

            a.    Possess a Certified Emission Tester permit.

            b.    Demonstrate five (5) years full-time employment experience as an automotive technician performing emission related repairs on on-road vehicle not powered by diesel fuel or electricity, except that a person with two (2) full years of full-time education related to the repair of on-road vehicles not powered by diesel fuel or electricity need only demonstration four (4) years of required employment; and

            c.    Possess all of the following current, valid ASE certifications:

                i.    Engine Performance (A-8)

                ii.    Advanced Engine Performance Specialist (L-1);

            d.    Complete 32 hour Division approved Enhanced I/M Failure course;

            e.    Comply with the applicable requirements of Section 10.12.110 of this Chapter; and

            f.    Verify that the individual did not have a previous permit that was revoked by the Division.

            g.    Meet any other requirements deemed by the Division to be essential to the purposes of this Chapter.

        7.    In order to retain and to qualify for renewal of the Repair Technician permit, a current ASE L-1 and A-8 Certification must be maintained, and renewal requirements specified for the Certified Emission Tester in Section 10.12.110 must be met.

        8.    The Division may issue the applicable Certified Emission Tester or Repair Technician permit to an applicant upon demonstration that the individual has successfully completed the requirements of this Chapter.

        9.    The Certified Emission Tester and/or Repair Technician permit shall be valid only at the Enhanced Basic Test Station and/or Certified Emission Repair Facility where the Certified Emission Tester and/or Repair technician is employed, and said permit shall be kept on the premises and easily available to the auditor.  If the Certified Emission Tester and/or Repair Technician is later employed at a second Enhanced Basic Test Station and/or Certified Emission Repair Facility, he/she shall notify the Division of the employment change.  Duplicate or second permits will be issued at the discretion of the Division, for an additional fee.  The second permit will expire on the same date as the original.

    B.    Re-qualification requirements for all Certified Emissions Testers and Certified Emission Repair Technicians.

        1.    Upon determination, by the Director, of the necessity of updating the qualifications for Certified Emissions Testers and Certified Emission Repair Technicians, they shall be required to requalify.

        2.    Certified Emissions Testers and/or Repair Technicians shall re-qualify annually. Failure to re-qualify within the required period of time shall result in suspension or revocation of the permit as described in this Chapter.

    C.    Permit Expiration.

        1.    All permits shall be issued annually and shall expire December 31st of the current year. A permit shall be renewable sixty days prior to the date of its expiration.  If a Certified Emission Tester and/or Repair Technician Permit is obtained on or after October 1st, then the permit will be valid until December 31st of the following year.

        2.    It is the responsibility of the Certified Emission Tester and/or Repair Technician permit holder to pursue the renewal of the permit.

            a.    If an applicant fails the required test twice, another test may not be attempted until after a 12 month waiting period.

            b.    In order to qualify for renewal of a Certified Emission Tester and/or Repair Technician permit, the permit holder must have paid applicable fees and completed Division required yearly updates.

        3.    The permit fee schedule is found in Section 10.12.250 of this Chapter.

    D.    Suspension, revocation, and denial of Certified Emission Tester and/or Repair Technician permit.

        1.    The Division may suspend, revoke, or deny the renewal of a permit if the Certified Emission Tester and/or Repair Technician:

            a.    Knowingly communicates any false, inaccurate, or misleading information to any person or in any certificate, record, or document regarding the Vehicle Emission Inspection/Maintenance Program.

            b.    Fraudulently or deceptively obtains or attempts to obtain a permit;

            c.    Conducts a fraudulent or in-accurate test;

            d.    Consistently fails to repair failed vehicles (Repair Technician only); and/or

            e.    Threatens, coerces, harasses, offers a bribe, assaults, and/or stalks a Division employee pursuant to his/her duties with the Division or any person having a vehicle tested or repaired subsequent to any requirement of this Chapter.

        2.    An individual whose permit has been suspended may be subject to:

            a.    Additional training or testing as approved by the Division before the permit is reinstated;

            b.    Revocation of a permit after repeated suspensions or when a suspension has exceeded six (6) months;

        3.    A penalty schedule in Section 10.12.270 of this Chapter enumerates many actions the Division may take against persons permitted under this Chapter.