The designation by the Commissioner of an inspection station in Vermont may be rescinded for cause subject to the following procedures.
A motor vehicle inspector shall, after completion of an investigation, submit a report to the Chief Inspector for review. The Chief Inspector shall recommend, based on the facts presented in the investigation report, the following:
1. If there is sufficient cause to rescind the designation.
2. The time period the rescinding notice should remain in effect.
These recommendations, along with a copy of the investigation report shall be forwarded through the Director of Field Services to the Commissioner of Motor Vehicles for review.
The Commissioner, if satisfied there is sufficient cause for rescinding the designation of an inspection station shall issue a notice rescinding that station’s designation and shall determine the period.
The rescinding notice will become effective within 10 (ten) days of receipt or immediately in emergency conditions. The owner/agent of the inspection station shall be afforded a hearing before the Commissioner or his agent, provided a written request for hearing is received within 10(ten) days from the effective date of the notice rescinding such designation.
On the effective date the district inspector will pick up the following applicable items; any inspection stickers and official inspection certificate from the station whose designation has been rescinded.
Any infraction or violation of the inspection regulation procedures (as found in the inspection manual) are cause for the Commissioner to rescind that station’s designation and these include but are not limited to the following:
- Failure to inspect vehicle in approved inspection area. (Area not approved on station application.)
- Failure to aim headlamps with an approved headlamp aiming device.
- Inspecting vehicle without required equipment (lights, flags and flares, mud flaps, or other standard equipment required by law or regulation.)
- Inspecting vehicle with defective equipment. (Holes in floor or trunk, steering and suspension components, brake components, lights, wipers, glass).
- Not maintaining proper inspection records and/or returning inspection material.
- Failure to comply with any other law or regulation pertaining to the inspection of motor vehicles.
Source. October 29, 1981, S.O.S. Rule Log #81-68.
Statutory Authority. 23 V.S.A. § 1001
Code of Vermont Rules, rule 14 050 031