Section 10.12.170 Right to Appeal


Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.170 read as follows.

         A.    Certified Emissions Tester.
    1.    To qualify for this permit, an individual shall:
    i.    Possess current, valid permit as an inspector/mechanic under Davis County ordinances in effect prior to the start up of the enhanced I/M testing program;
    ii.    Complete Division required bridge course; or
    iii.    Meet all of the following requirements:
    (A)    Demonstrate two years full-time employment experience as an automotive technician performing emissions related repairs on on-road vehicles not powered by diesel fuel or electricity, except that a person with two full years of full-time education related to the repair of on-road vehicles not powered by diesel fuel or electricity need only demonstrate one year of the required employment; and
    (B)    Complete the Division-required bridge course; and
    (C)    Comply with the applicable requirements of Section 10.12.120; and
    (D)    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter.
    2.    After application, approval by the Division, and on payment of applicable fees, The certified emissions tester permit shall be issued to the applicant. The permit is valid for one year from its date of issue. It may be renewed beginning sixty (60) days prior to the expiration date. If the permit is allowed to expire, the Division may impose a penalty fee prior to renewal.
    3.    In order to qualify for renewal of a certified emissions tester permit, the permittee must have paid applicable fees, completed Division-approved yearly update schooling and any other requirements of this chapter or the Division.
    4.    The permit fee schedule is found in Section 10.12.250.
    B.    Certified Emissions Repair Technician.
    1.    To qualify for this permit, an individual shall:
    i.    Demonstrate five years full-time employment experience as an automotive technician performing emissions related repairs on on-road vehicles not powered by diesel fuel or electricity, except that a person with two full years of full-time education related to the repair of on-road vehicles not powered by diesel fuel or electricity need only demonstrate four years of the required employment; and
    ii.    Possess a valid certified emissions tester permit; and
    iii.    Possess all of the following current, valid ASE certifications:
    (A)    Engine performance (A-8), and
    (B)    Advanced engine performance specialist (L-1); and
    iv.    Complete a thirty-two (32) hour, Division-approved enhanced I/M failure course;
    v.    Comply with the applicable requirements of Section 10.12.120;
    vi.    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter.
    2.    In order to retain the certified emission repair technician permit and to qualify for renewal, the permittee must maintain a current ASE L-1 certification and complete yearly update schooling as required and approved by the Division.
    3.    An individual qualifying for a permit as specified in subsection B of this section may submit an application to the Division. Upon approval of the application and payment of applicable fees, the Division shall issue the permit. The permit is valid through the earliest of the following dates:
    i.    Three years from the date the permit is issued;
    ii.    The expiration date of the individual’ s ASE engine performance (A-8) certification; or
    iii.    The expiration date of the individual’ s ASE advanced engine performance specialist (L-1) certification.
    4.    The permit fee schedule is found in Section 10.12.250.
    C.    Permit Renewal.
    1.    An individual with current, valid permit as issued under subsections A and B of this section may apply for permit renewal beginning sixty (60) days prior to permit expiration. If the permit is allowed to expire, the Division may impose a penalty fee prior to renewal.
    2.    To renew a permit, an individual shall:
    i.    Submit an application to the Division; and
    ii.    Possess current, valid applicable ASE certifications as required by this chapter.
    3.    The permit renewed under this section is valid through the applicable date defined in subsections (A)(2) or (B)(3) of this section.
    4.    The permit fee schedule is found in Section 10.12.250.
    D.    Suspension, Revocation, and Denial of Permit.
    1.    The Division may suspend, revoke, or deny renewal of a permit if the certified emission repair technician or certified emissions tester:
    a.    Knowingly communicates any false, inaccurate, or misleading information to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;
    b.    Fraudulently or deceptively obtains or attempts to obtain a permit;
    c.    Fails an audit under this chapter;
    d.    Conducts a fraudulent or in-accurate test;
    e.    Consistently fails to repair failed vehicles; and/or
    f.    Threatens, coerces, cajoles, offers a bribe, assaults, harangues, and/or stalks a Division employee pursuant to his/her duties with the Division.
    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; or
    b.    Revocation of a permit after repeated suspensions or when a suspension has exceeded six months.
    c.    A permit may also be revoked for gross violations of this chapter and for threatening, cajoling, harassing, stalking or assaulting an employee of the Division or any person having a vehicle tested or repaired subsequent to any requirement of this chapter.
    3.    An individual whose permit has been revoked may reapply for a permit according to the procedures of subsections A or B of this section, as applicable, if:
    a.    At least ninety (90) days have elapsed since the revocation; and
    b.    The individual has taken corrective action approved by the Division.
    4.    A penalty schedule in Section 10.12.270 of this chapter enumerates many of the actions the Division may take against persons permitted under this chapter.
    E.    Performance Audit. The Division shall conduct an audit of the performance of a certified emissions repair technician periodically. The audit will include an evaluation of vehicle repair history.
    1.    The repair history of a certified repair technician may be made available to the public so that they may have the ability to determine which technicians are most likely to repair their vehicle. (Ord. 7-1996 § 1 (part))

    A.    Initial Application and permit.
    1.    To qualify for a permit a person shall:
    a.    Submit an application to the Division;
    b.    Maintain a repair facility capable of making emissions related adjustments and repairs;
    c.    Possess all required equipment as listed in subsection D of this section this Ordinance;
    d.    Pass an audit as defined in subsection G of this section this Ordinance; and
    e.    Employ all required personnel as listed in subsection E of this section this Ordinance.
    f.    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter Ordinance.
    2.    Permit under this Section must be renewed each anniversary of the date the permit was first obtained on or before December 31st of the current year.
    3.    The permit fee schedule is found in Section 10.12.250 of this Ordinance.
    B.    Permit renewal.
    1.    Beginning sixty (60) days prior to expiration of a permit, a person may apply for permit renewal. Upon approval of the completed application and payment of applicable fees, the Division may extend the permit for an additional one (1) year period.
    2.    The Division may impose a penalty fee on a permit which expires prior to receipt of the application for renewal and payment of applicable fees. After six (6) months, an unrenewed permit is deemed unredeemable and the person may reapply according to the procedures of subsection A of this section this Ordinance.
    3.    The permit fee schedule is found in Section 10.12.250 of this Ordinance.
    C.    Suspension, revocation, and denial of renewal of permit.
    1.    The Division may suspend, revoke, or deny renewal of a permit under any of the following conditions:
    a.    False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;
    b.    The permit is obtained, or attempted to be obtained, fraudulently or deceptively;
    c.    An audit under subsection G of this section is failed; or
    d.    Evidence is exhibited that vehicles repaired by the facility under this chapter Ordinance have repeatedly failed reinspection.
    e.    A permit may also be revoked for gross violations of this chapter ordinance by the owner or employees of a certified emission repair facility and for threatening, cajoling, harassing, stalking or assaulting an employee of the Division or any person having a vehicle tested or repaired subsequent to any requirement of this chapter Ordinance.
    2.    The Division may reinstate a suspended permit upon compliance by the facility with the requirements of this chapter Ordinance.
    3.    Upon revocation of a permit a person shall, within ten (10) business days, return to the Division all materials which were issued as a result of obtaining the permit, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be permitted.
    4.    A person whose permit has been revoked may reapply for a permit according to the procedures of subsection A of this section this Ordinance if:
    a.    At least ninety (90) days have elapsed since the revocation; and
    b.    Corrective action approved by the Division has been taken.
    5.    A penalty schedule in Section 10.12.270 of this Ordinance enumerates many of the actions the Division may take against persons permitted under this chapter Ordinance.
    D.    Equipment and Tool Requirements.
    1.    A certified emissions repair facility shall maintain and update as required all of the following references, equipment and tools:
    a.    Emissions diagnostic and repair information for affected model year vehicles, the most current of which applies to vehicles of model years no more than two (2) years older than the current calendar year. The information may be stored on magnetic media if a device to read the media is maintained at the facility;
    b.    Scanner capability to interrogate on-board diagnostics of vehicles, the most current of which applies to vehicles of model years no more than two (2) years older than the current calendar year;
    c.    A voltmeter with AC and DC capability;
    d.    A DC ammeter;
    e.    An ohmmeter;
     f.    An engine performance analyzer with a lab scope, or an oscilloscope;
    g.    A pyrometer;
     h.f.     A fuel or hydraulic pressure gauge;
     i. g.     A vacuum gauge;
     j.h.      A vacuum pump;
     k.i.      A compression tester or and cylinder leak down tester;
     l. j.      A timing light with advance capability;
     m.k.    An exhaust emissions analyzer which conforms, at a minimum, to the analyzer specifications of Section 10.12.240;
     n.l.      A tachometer;
     o.m.    A dwell meter or duty cycle meter;
     p.    Capability to access information via facsimile during operating hours;
    q.    Division approved fuel system and fuel cap pressure testing equipment; and
    r.    Division approved EGR valve function testing equipment.
    s.    Sufficient communication links to comply with the Division’ s real-time monitoring requirements.
    E.    Personnel Requirements.
    1.    A certified emissions repair facility shall ensure that only a certified emissions repair 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 Ordinance.
    2.    A certified emissions repair facility shall employ at least one (1) full-time certified emissions repair technician at each certified emissions repair facility location and ensure that a certified emissions repair technician:
    a.    Is routinely scheduled to work during the advertised operating hours of the facility; and
    b.    Fills out completely the vehicle repair form and certifies by signature on the vehicle repair form that the repairs have been performed or supervised by a certified emissions repair technician.
    F.    Equipment quality assurance. For all equipment required under this chapter Ordinance, a certified emissions repair facility shall follow, at a minimum, the manufacturer specifications for maintenance and calibration, and the procedures established by the Division.
    G.    Audits.
    1.    A certified emissions repair facility shall allow access to Division personnel to conduct audits of the facility. Audits will be conducted at random and with no prior notification.
    2.    An audit will include a review of vehicle repair history and checks of record keeping, equipment, calibration gas, and compliance with personnel requirements.
    3.    Audit failure is cause for suspension, revocation, denial or denial of renewal of a facility permit.
    4.    Uncooperative or abusive behavior by an employee, representative, or individual at a certified emissions repair facility is cause for audit failure.
    5.    A certified emissions repair facility shall not use any piece of equipment which fails an audit until a subsequent audit is passed.
     6.    A certified emissions repair technician shall be present for the audit. An audit is failed if a certified emissions repair technician who is present at the facility fails to commence the audit within thirty (30) minutes of the arrival of an auditor.
     7.6.     The person responsible for a certified emissions repair facility shall allow further monitoring at the discretion of the Division to ensure quality control or to determine compliance with this chapter Ordinance.
     H.    Record Keeping.
    1.    A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of three years, at the facility or at an alternative location approved by the Division:
    a.    Records of quality assurance procedures in compliance with the provisions of this chapter;
    b.    Records of audits conducted by the Division; and
    c.    Vehicle repair records of all vehicles repaired in the facility subsequent to an emissions test failure.
    2.    A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Division. (Ord. 7-1996 § 1 (part))