19A NCAC 03D .0545      INVESTIGATION/AUDIT/SAFETY OR EMISSIONS INSPECTION STATIONS

(a)  Complaints To Be Investigated: All complaints received by the Commissioner about any inspection station shall be investigated for the purpose of determining whether there has been a violation of the Rules of this Section and applicable General Statutes.

(b)  Appropriate Enforcement Action To Be Taken: When it appears from any investigation that the inspection law has been violated by an inspection station or its agents or employees, or by a self-inspector, the Commissioner shall take the appropriate enforcement action, which may include suspension or revocation of the station's license and inspector certifications.

(c)  Report of Undercover Investigation: Periodic checks shall be made by undercover officers of the Division of Motor Vehicles routinely and upon receipt of complaints to determine compliance with inspection laws. If violations are detected, administrative action shall be taken by the Division of Motor Vehicles against the licensed station and the inspection mechanic.

(d) When an authorized agent of the Division of Motor Vehicles detects a violation, he or she shall require the owner or operator to discontinue all inspections and operations until he or she is in compliance and approved by the Division of Motor Vehicles Inspector.

(e)  Compliance Audit: A DMV Inspector shall audit a station's compliance with the Rules of this Section. Violation of the equipment requirements shall result in lockout of the inspection analyzer. Lockouts shall remain in effect until the issue has been brought into compliance.

History Note:        Authority G.S. 20-2; 20-39; 20-183.6A; 20-183.8D; 20-183.8F;

Eff. October 1, 1994;

Readopted Eff. October 1, 2021.