23.16.1927    APPROVAL OF VGMS AND/OR MODIFICATIONS TO APPROVED VGMS BY DEPARTMENT

(1) The department may conditionally approve specific models of VGMs or modifications based on its finding that the VGMs conform to the act and these rules.

(a) Final approval of each VGM or modification is required even if a VGM has been conditionally approved.

(b) Conditional or final approval may be withdrawn if the department later learns a VGM does not conform to specifications or requirements that were in effect at the time conditional or final approval was granted.

(2) Approval includes inspection of the hardware and software and all information provided to the department to determine whether a VGM or modification meets all requirements of the act and these rules.

(3) The department may accept shipment of hardware or software as part of an application for conditional or final approval provided that:

(a) the department will not be responsible for any purchase, shipping, or handling charges;

(b) all the applicable information required in ARM 23.16.1911 must accompany the VGM or modification; and

(c) prior to shipment, the department approved such shipment of a VGM or modification for scheduled testing and approval.

(4) A licensee holding approval of a VGM shall have 180 days from the effective date of a new or amended rule establishing VGM specifications in which to conform the VGM to the new specifications. 

 

History: 23-5-115, 23-5-602, 23-5-605, 23-5-621, MCA; IMP, 23-5-605, 23-5-606, 23-5-611, 23-5-621, 23-5-631, MCA; EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18.