Section 250-1-009 - IGNITION INTERLOCK COSTSThe costs associated with ignition interlock device requirements shall be paid by the driver directly to the provider of the ignition interlock device. Such costs shall include, but are not limited to, refundable deposit, installation, maintenance, and removal of an ignition interlock device.
009.01Refundable Deposit Fee.A provider may charge a driver a deposit fee prior to the installation of an ignition interlock device. If a provider requires payment of a deposit prior to installation, such fee must be required of all drivers and shall not be charged selectively. The amount of the deposit fee charged shall be uniform for all drivers and may not exceed the amount of the installation fee charged for an ignition interlock device.
009.01ADeposit and Refund. The deposit amount may be used by the provider to offset unpaid costs owed to the provider by the driver, including damages to the ignition interlock device. The provider shall give the driver an itemized statement of any costs that were deducted from the refund amount. The provider shall keep a copy of that itemized statement .009.01BIndigent Deposit. A provider may require payment of a refundable deposit for the installation of an ignition interlock device for a driver who has been determined to be indigent . The Ignition Interlock Fund shall not be used to pay the cost of any deposit. The refundable deposit fee shall be paid for by the indigent driver and shall be refunded to the indigent driver when the device is removed by the provider. A provider who receives reimbursement for installation, maintenance, and removal of an iginition interlock device from the Department of Motor Vehicles Ignition Interlock Fund shall not offset any installation, maintenance, or removal costs from the refund of deposit fee to an indigent driver upon return of the device, but may deduct other unpaid or damages from the refund. The provider shall give the driver an itemized statement of any deductions from the refund amount. The provider shall keep a copy of that itemized statement .009.02Indigent Drivers.009.02AApplication. The Department shall post an affidavit for determination of indigency online on the Department's webpage at www.dmv.ne.gov or make such affidavit available to individuals upon request. A driver claiming indigence shall send a completed, notarized affidavit or provide equivalent information to the Department for review.009.02BApproval and Denial. Upon receipt of an affidavit for determination of indigency, the Department will review the affidavit to determine the applicant driver's indigency status and verify the applicant's eligibility for an IIP. The Department may deny a driver's affidavit if the information is incomplete, or if it does not show the applicant is indigent.009.02CDetermination of Indigency. An applicant applying for assistance from the Department of Motor Vehicles Ignition Interlock Fund shall meet 150 percent or less of the federal poverty guidelines published in the Federal Register pursuant to 45 CFR Part 1611.3 setting out Income Level for Individuals Eligible for Assistance to qualify as indigent. The Department may also consider the income, expenses, and assets as reported by the driver in his or her affidavit. Applicants shall provide documentation of current income with a pay stub, most recent W2, most recent tax return, or statement from an employer with the application. The Department will document its decision and provide a copy to the driver.009.02DInstallation. An applicant determined to be indigent may apply for installation of an approved ignition interlock device. The driver shall show the provider the documentation showing approval for assistance by the Department of Motor Vehicles Ignition Interlock Fund as part of the process for installing the ignition interlock device.009.03Provider Reimbursement.009.03AMonthly Statement. Providers who wish to receive reimbursement for installation, maintenance, or removal of ignition interlock devices for drivers qualified as indigent shall enter into a written contract with the Department. Providers shall present a monthly bill to the Department listing the drivers served and itemizing the services for which reimbursement is claimed. Reimbursable costs are limited to fees for installation, maintenance, and removal of an ignition interlock device.009.03BFinal Bill Due. When an ignition interlock device is removed from the motor vehicle of a driver qualified as indigent, within 30 days the provider shall send a final itemized statement to the Department which documents the removal of the device for that driver and return of any deposit fee, if applicable.009.03CStatement Form. A reimbursement form shall be available on the Department webpage for use by providers. The reimbursable fees charged by a provider to an indigent driver for use of an ignition interlock device shall not exceed the fees for such services charged to other customers for an ignition interlock device.009.03DPayment. Upon review of the statement for accuracy, such costs shall be paid to the provider on a monthly basis by the Department out of the Department of Motor Vehicles Ignition Interlock Fund, to the extent such funds are available. There shall be no provider reimbursement if there are no monies in the Fund. The Department reserves the right to deny payment for insufficient or incomplete statements, untimely statements, or any claims submitted that are not supported by the records of the Department upon review of the statement.250 Neb. Admin. Code, ch. 1, § 009
Adopted effective 11/23/2016.