Ill. Admin. Code tit. 92, § 1001.442 - BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider
a)
Certification Required to Provide BAIID Services. No person or entity may
provide BAIID services pursuant to this Subpart D unless certified as a BAIID
provider by the Secretary. All certified BAIID providers must apply for
recertification on an annual, calendar year basis, with applications for
recertification due in the Secretary's office no later than September 1 of each
year.
b) Who May Provide BAIID
Services. BAIID providers may be a manufacturer of BAIIDs, an authorized
representative of a manufacturer of BAIIDs, an installer of BAIIDs or other
business entity. Without regard to the specific business operations of the
BAIID provider, all certified BAIID providers under this Section shall be
responsible for insuring that all of the duties and responsibilities of a BAIID
provider are carried out in accordance with this Subpart D, including, but not
limited to, providing, distributing, installing and servicing approved BAIIDs.
BAIID providers may provide these services through their own resources, through
a subsidiary, or through contractual relationships with third
parties.
c) Information Required in
Application for Certification. Persons or entities desiring to be certified as
BAIID providers may submit an application for certification at any time. An
application for certification or recertification as a BAIID provider shall
include all of the following information:
1)
The name, business address and telephone number of the applicant. If the
applicant is a business entity other than a corporation, the application must
include the names and addresses of the owners of the entity. If the applicant
is a corporation, the application must include the names and addresses of any
person or entity owning 10% or more of the outstanding shares of the
corporation;
2) The names, business
addresses and telephone numbers, and titles of any officers, managers or
supervisors of the applicant who will be involved in the provision of BAIID
services;
3) A description of each
BAIID the applicant proposes to install, including the name and address of the
manufacturer and the model of the unit, with a copy of all manuals and
information guides made available to program participants. Unless the BAIID has
been previously certified by the Secretary pursuant to this Section, the
application must include the information necessary to obtain certification of
the BAIID pursuant to this Section;
4) If the applicant is not a BAIID
manufacturer, the application must include proof of the applicant's right to
distribute and install the particular types of BAIIDs the applicant is
proposing to utilize. The proof may include a letter (composed on letterhead
stationery), or a copy of a purchase, lease, rental or distribution agreement
with the manufacturer;
5) A
detailed description of the applicant's plan for distribution, installation and
service of BAIIDs in Illinois, including the names and addresses of all
installers the applicant intends to use. This plan must demonstrate the
applicant's ability to distribute and install BAIIDs and the ability to submit
reports to the Secretary electronically within the time frames established by
this Subpart D;
6) A list of all
other jurisdictions/states in which the applicant currently operates or has
operated, and contact information for each jurisdiction/state;
7) Copies of policy and procedure manuals and
training manuals used regarding installer training, calibration training,
calibration equipment, installation equipment, and contracts/agreements with
installers;
8) A signed statement
that the applicant agrees to provide services to program participants who have
been declared indigent by the Secretary for the purposes of the BAIID
program;
9) Proof of liability
insurance. General commercial liability and/or product liability insurance,
which shall include coverage for installation services, shall be maintained
with minimum liability limits of $1 million per occurrence and $3 million
aggregate total. If the applicant is not both the manufacturer and installer of
the BAIID, proof of liability insurance must be provided showing coverage of
both the manufacturer and the installer. If proof of separate policies for the
manufacturer and installer is provided, each policy must have minimum liability
limits of $1 million per occurrence and $3 million aggregate total. Other
commercially acceptable insurance arrangements, in the same minimum amounts,
may be accepted at the discretion of the Secretary;
10) A statement that the applicant shall
agree to indemnify and hold the State of Illinois and the Secretary, their
officers, agents and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines
or judgments, including costs, attorneys' and witnesses' fees, and expenses
incident to any of these actions, relating to bodily injuries to persons
(including death) and for loss or damage to, or destruction of, real and/or
tangible property (including property of the State) resulting from the
negligence or misconduct of the applicant, its employees, agents or contractors
in the manufacture, installation, service, repair, use or removal of a BAIID or
performance of any other duties required by this Section;
11) Examples of images taken by the BAIID.
If, in the opinion of the Secretary, the images are not clear and accurate, the
Secretary may deny certification;
12) Proof that the applicant is in good
standing with the Illinois Secretary of State, Business Services
Department.
d) The
Secretary shall notify the applicant, in writing, of the Secretary's decision
regarding the application for certification or recertification as a BAIID
provider.
e) If an original or
amended application to be certified or recertified as a BAIID provider is
denied, the applicant may not reapply until 12 months have elapsed from the
date of denial or the date of the final order of the hearing officer upholding
the denial if the decision is reviewed in a formal administrative hearing.
Prior to denying an application based on de minimis errors, including but not
limited to typographical or scrivener's errors, the Secretary shall advise the
applicant of the error and provide the applicant 14 business days to correct
the error.
f) In deciding whether
to grant or deny an application, the Secretary may take into consideration the
applicant's past performance in Illinois and other jurisdictions in
manufacturing, distributing, installing or servicing BAIIDs, whether the
applicant's license or certification to manufacture, distribute, install or
service BAIIDs has ever been suspended, revoked, denied, cancelled or withdrawn
and whether the applicant has applied to operate as a BAIID provider in another
state and was denied.
g) An
applicant that has been certified pursuant to this Section may at any time
submit an amended application seeking certification to distribute and install a
BAIID model in addition to or other than the models previously certified for
use by the applicant.
h) Services
that Must be Provided. After certification or recertification by the Secretary,
BAIID providers shall provide the following services and meet the following
requirements:
1) All installations of BAIIDs
shall be done in a workmanlike manner and shall be in accordance with the
standards set forth in this Section and with the requirements of the
manufacturer. All BAIIDs installed shall be in working order and shall perform
in accordance with the standards set forth in this Section. All BAIIDs must be
installed and all reports to the Secretary must be made within the time frames
established by this Subpart D;
2)
The BAIID provider shall only install models of BAIIDs that the provider has
been authorized to install pursuant to this Section and the BAIIDs shall only
be installed at installation sites reported to the Secretary pursuant to this
Section;
3) Any BAIID provider that
sells, rents and/or leases BAIIDs in Illinois pursuant to this Subpart D shall
report to the Secretary within 7 days all such sales, rentals, and/or leases
listing the BAIID permittee's name and driver's license number, the installer,
the installer's location, the make and serial number of the BAIID, and the
make, model and VIN of the vehicle in which the BAIID is installed;
4) The BAIID provider shall provide a toll
free customer service/ question/complaint hotline that is answered, at a
minimum, during normal business hours, Monday through Friday;
5) The BAIID provider shall provide a course
of training and written instructions for the BAIID permittee or MDDP offender
on operation, maintenance, and safeguards against improper operations, and
instruct the BAIID permittee or MDDP offender to maintain a journal of events
surrounding failed readings or problems with the BAIID. Copies of all materials
used in this course of training shall be provided to the Secretary;
6) The BAIID provider shall provide service
for malfunctioning or defective BAIIDs within a maximum of 48 hours after
notification of a request for service. This support shall be in effect during
the period the BAIID is required to be installed in a motor vehicle;
7) The BAIID provider shall provide, at the
request of the Secretary, expert or other required testimony in any civil or
criminal proceedings or administrative hearings as to issues involving BAIIDs,
including the method of manufacture of the BAIID and how the BAIID
functions;
8) If a BAIID provider
requires a security deposit by a BAIID permittee or MDDP offender and the
amount of the deposit required is more than an amount equal to one month's
rental or lease fee, the security deposit must be deposited in an escrow
account established at a bank, savings bank or savings and loan association
located within the State of Illinois. The BAIID provider will provide the
Secretary with a certified statement of the escrow account upon the Secretary's
request;
9) BAIID providers must
submit monitor reports or reports of any other service to the Secretary
whenever a BAIID is brought in for monitoring, a portion of the BAIID is sent
to the BAIID provider, the BAIID is read remotely, or a BAIID is brought in
pursuant to a service or notification report. Except as provided in subsection
(h)(10), the reports must be submitted to the Secretary no later than 7 days
from the date the BAIID is brought in, an appropriate portion of the BAIID is
sent to the BAIID provider, or the BAIID is read remotely;
10) When a vehicle is brought into a service
center to have the BAIID read or calibrated, the BAIID installer shall
carefully inspect the BAIID and all wiring and connections related to the BAIID
for signs of tampering or circumvention. If a BAIID has been installed that
permits the BAIID permittee or MDDP offender to mail in a portion of the BAIID
to be read and calibrated, or allows the BAIID to be read remotely, that BAIID
permittee or MDDP offender shall be required to bring the vehicle into a BAIID
installation site at least once every 6 months so that the BAIID and all
related wiring and connections may be inspected for signs of tampering or
circumvention. Within 2 business days after discovery, the BAIID provider shall
report to the Secretary evidence of tampering or attempts to circumvent a
BAIID. The BAIID provider shall preserve any available physical evidence of
tampering or circumvention and shall make that evidence available to the
Secretary. Within 2 business days after an inspection of a mail-in or remotely
read BAIID vehicle, the installer shall notify the SOS that evidence of
tampering or circumvention has been found;
11) BAIID providers shall notify the
Secretary within 7 days when a BAIID has been installed, reinstalled or
deinstalled, and shall provide to the Secretary, upon request, additional
reports, to include but not be limited to records of calibrations, maintenance
checks and usage records on BAIIDs placed in service in Illinois;
12) The BAIID provider shall provide service
to all BAIID permittees or MDDP offenders who request services from the BAIID
provider and who have met the requirements of this Subpart D, including the
payment of fees due to the provider, unless the fees are otherwise waived by
rule or statute;
13) The BAIID
provider must immediately notify the Secretary in writing if the provider or
the BAIID manufacturer or installer becomes unable to produce, supply, service,
repair, maintain or monitor BAIIDs in compliance with this Subpart D or if the
provider has been suspended or decertified in any other jurisdiction;
14) With the exception of mobile
installations authorized by Section
1001.442(n),
the BAIID provider shall provide the Secretary a list of all locations in
Illinois where BAIIDS may be purchased, rented, leased, installed, removed,
serviced, repaired, calibrated, accuracy checked, inspected and monitored. The
BAIID provider shall notify the Secretary within 48 hours of any new
installation locations or any installation locations that are closed;
15) The BAIID provider shall install, monitor
and deinstall authorized BAIIDs without fee to any MDDP offender determined to
be indigent by the Secretary who requests services from the BAIID provider and
who presents written documentation of indigency from the Secretary;
16) The Secretary may designate the form,
format and method of delivery (e.g., facsimile, electronic transfer, etc.), for
any reports, information, or data required to be filed with the Secretary
pursuant to this Subpart D, including, but not limited to, installation
verification forms, monitoring report forms, noncompliance report forms,
notices of calibration, verification, tampering or circumvention, removal or
deinstallation report forms, and information necessary to implement and monitor
the indigent surcharge payments to the Indigent BAIID Fund and payment
provisions from the Indigent BAIID Fund set forth in IVC Section 6-206.1 and
Section 1001.444. Images taken by the
BAIID must be available to the Secretary via online account access;
17) The Secretary shall review and approve
leases or rental agreements the BAIID provider intends to utilize between the
BAIID provider and the BAIID permittee or MDDP offender. The BAIID provider
shall submit to the Secretary a copy of the schedule of all fees that will be
charged to BAIID permittees or MDDP offenders, and shall submit an amended
schedule of fees whenever there is a change to the BAIID provider's
fees;
18) The BAIID providers shall
agree to take assignments to unserved areas of Illinois pursuant to this
Section, as those areas are defined in subsection (m)(2);
19) The Secretary shall have the right to
conduct independent inspections of BAIID providers, manufacturers and
installers, including inspection of any BAIIDs and calibration equipment
present at the time of the inspection, to determine if they are in compliance
with the requirements of this Subpart D. The Secretary shall notify, in
writing, and require the BAIID provider to correct any noncompliance revealed
during any inspections. Within 30 days after receiving a notice of
noncompliance, the BAIID provider shall notify the Secretary, in writing, of
any corrective action taken;
20)
Upon the request of the Secretary, the BAIID provider shall, at no cost to the
State of Illinois, provide the Secretary with not more than two BAIIDs for each
model that is certified under this Section. These models will be used for
demonstration and training purposes;
21) Unless an alternative method for reading
and calibrating the BAIID has been approved by the Secretary, all BAIIDs shall
be recalibrated, whenever they are brought to the provider for any type of
service or monitoring, using a wet bath simulator or other approved equivalent
procedure, i.e., dry gas standard. Calibrations shall be done no less
frequently than every 67 days, including those BAIIDS that are read
remotely;
22) Calibration equipment
shall be in good working order and maintained and operated according to the
equipment manufacturer's recommendations. Solution in wet bath calibration
units shall be changed according to the manufacturer's recommendations and new
solution shall be stored in a cool, dry location and discarded upon the
expiration date. Dry gas cylinders must be stored in an area protected from
exposure to weather;
23) BAIID
providers shall maintain records related to a BAIID permittee or MDDP offender,
including but not limited to installation, monitoring, circumvention and
deinstallation, for a period of 3 years after the BAIID is
deinstalled.
i) Criteria
for Certification of BAIIDs. Only BAIIDs that have been certified for use in
Illinois pursuant to this Section may be installed in the vehicles of BAIID
permittees and MDDP offenders. Certification of a BAIID shall be based on the
following criteria:
1) A review and
evaluation of test results from any nationally recognized and certified
laboratory test facility that is accredited by the International Standards
Organization (ISO). The evaluation and test results must affirm the BAIID's
ability to meet the Model Safety and Utility Specifications for Breath Alcohol
Ignition Interlock Devices (BAIIDs) promulgated by the National Highway Traffic
Safety Administration (NHTSA), U.S. Department of Transportation, 78 Fed. Reg.
89, May 8, 2013, except for:
A)1.4.S, Power,
if the BAIID is not designed to be operated from the battery;
B)1.5.2.S, Extreme Operating Range, if the
BAIID is not designed to be operated below -20° C and above +70°
C;
C)2.3.S, Warm Up, if the BAIID
is not designed to be operated below -20° C;
D)2.5.S, Temperature Package, if the BAIID is
not designed to be operated below -20° C and above +70° C;
2) The BAIID provider must certify
that the BAIID:
A) Does not impede the safe
operation of a vehicle;
B)
Minimizes opportunities to bypass the BAIID;
C) Performs accurately and reliably under
normal conditions;
D) Prevents a
BAIID permittee or MDDP offender from starting a vehicle when the BAIID
permittee or MDDP offender has a prohibited BrAC, i.e., P[GREATER THAN OR EQUAL
TO] 0.025;
E) Satisfies the
requirements for certification set forth in this Section;
F) Has a camera that takes clear and accurate
images of the individual utilizing the BAIID and that has a sufficiently wide
angle that it will be possible to determine whether the individual blowing into
the BAIID is seated in the driver's seat and whether a circumvention device has
been inserted into the mouthpiece of the BAIID;
G) Provides calibration stability for a
period of no less than 67 days;
3) No BAIID shall be certified if it
demonstrates an accuracy rate [GREATER THAN OR EQUAL TO] 0.01 in unstressed
conditions or [GREATER THAN OR EQUAL TO] 0.02 in stressed conditions. The terms
"stressed" and "unstressed" shall be defined according to the NHTSA standards
referred to in subsection (i)(1);
4) Any BAIID to be certified shall be
designed and constructed with an alcohol setpoint of 0.025;
5) Any BAIID to be certified shall require
the operator of the vehicle to submit to a running retest at a random time
within 5 to 15 minutes after starting the vehicle. Running retests shall
continue at a rate of two per hour in random intervals not to exceed 45 minutes
after the first running retest;
6)
Any BAIID to be certified shall be designed and constructed to immediately
begin blowing the horn if:
A) The running
retest is not performed;
B) The
BrAC reading of the running retest is 0.05 or more; or
C) Tampering or circumvention attempts are
detected;
7) The BAIID
shall be required to have permanent lockout 5 days after it gives service or
inspection notification to the BAIID permittee or MDDP offender if it is not
serviced or calibrated within that five day period.
A) The BAIID shall give service or inspection
notification to the BAIID permittee or MDDP offender upon the occurrence of any
of the following events:
i) Every instance in
which the BAIID registers 3 BrAC readings of .05 or more within a 30 minute
period;
ii) Any attempted tampering
or circumvention;
iii) The time for
the BAIID permittee or MDDP offender to take the vehicle for the initial
monitor report;
iv) Every 60 days
after the initial monitor report;
v) For MDDP offenders, 5 violations within
the 60 day monitoring period;
vi)
Every 6 months, for an inspection pursuant to Section
1001.441(h)(2)
in which the type of BAIID installed allows for a portion of the BAIID to be
mailed in or allows the BAIID to be read remotely;
B) In addition, the BAIID shall record and
communicate to the BAIID permittee or MDDP offender and to the Secretary's
office via monitor reports all of the preceding events and all starts of the
vehicle, both successful and unsuccessful;
C) The BAIID shall record an image each time
the vehicle is started, each time a test is prompted, each time a successful or
unsuccessful test sample is taken, and whenever there is a failed attempt to
provide a breath sample;
8) The BAIID shall be required to have 24
hour lockout anytime the BAIID permittee or MDDP offender registers 3 BrAC
readings of 0.05 or more within a 30 minute period;
9) Certification of a BAIID may be withdrawn
by the Secretary, based on a field testing protocol developed by the Secretary
to determine the BAIID's ability to operate in a consistently reliable manner
and based upon review of field performance results; a review of BAIID usage by
BAIID permittees and MDDP offenders; and BAIID monitor reports;
10) Upon the request of the Secretary, the
BAIID provider shall, at no cost to the State of Illinois, install not more
than three of each model of BAIID for which certification is sought in the
vehicles provided by the Secretary for field testing. The Secretary may
independently evaluate each BAIID to ensure compliance with the requirements in
this Section. The evaluation criteria include, but are not limited to, repeated
testing of alcohol-laden samples, filtered samples, circumvention attempts,
tampering, and testing for all specifications listed in this Subpart D. An
applicant or provider is limited to 3 field tests per BAIID model as part of
the certification process. If a BAIID model of an applicant or provider fails 3
field tests, the applicant or provider shall not be certified unless the
applicant or BAIID provider has another BAIID model that has been certified by
the Secretary;
11) Upon the request
of the Secretary, for each model of BAIID certified under this Section, the
BAIID provider shall provide a total of at least 10 hours of training to the
Secretary's employees at no cost to the State of Illinois. This training shall
be held at the times and locations within the State designated by the
Secretary. The training shall be designed to familiarize the Secretary's
employees with the installation, operation, service, repair and removal of the
BAIIDs and with the training and instructions that the BAIID provider will give
to BAIID permittees and MDDP offenders. The BAIID provider shall also provide
the Secretary, upon request, the following materials:
A) A detailed description of the BAIID,
including complete instructions for installation, operation, service, repair
and removal of the BAIID;
B)
Complete technical specifications describing the BAIID's accuracy, reliability,
security, data collection and recording, tamper and circumvention detection,
imaging and environmental features;
12) Any BAIID that is not certified may be
re-tested at the request of the BAIID provider but not more often than once in
a calendar year;
13) The Secretary
shall not accept for certification any BAIID that uses Taguchi cell technology
to determine BrAC;
14) BAIIDs must
use, as their anti-circumvention method, one of the following technologies:
either a positive>negative>positive or positive>negative air pressure
test requirement, or a mid-test hum tone requirement. BAIID providers may
submit for approval to the Secretary new anti-circumvention technologies. Upon
approval by the Secretary, pursuant to the procedures in this subsection (i),
these technologies shall be included with the previously mentioned
anti-circumvention technologies as acceptable for use by BAIID providers. In
addition to these anti-circumvention methods, all BAIIDs installed after July
1, 2013, and all BAIIDs in use in Illinois after July 1, 2015, shall include a
camera that captures a clear and accurate image of the individual blowing into
the BAIID, including a sufficiently wide angle that it will be possible to
determine whether the individual blowing into the BAIID is seated in the
driver's seat and whether a circumvention device has been inserted into the
mouthpiece of the BAIID. The captured images shall be stored by the vendor
while the BAIID is installed in the vehicle and for 3 years after removal and
shall be made accessible to the Secretary, at the Secretary's request, either
by electronic access to the vendor's system or electronic mail;
15) After a BAIID has been certified by the
Secretary, no firmware or software modifications shall be deployed without
written authorization by the Secretary, which may include installation of the
BAIID with the proposed firmware or software modifications in accordance with
subsection (i)(10) and, if the Secretary determines the software or firmware
modification is major or material, submission to an accredited lab in
accordance with subsection (i)(1).
j) BAIID Installers
1) All installations of BAIIDs must be
performed by installers identified to the Secretary as employees of or
contractors of a certified BAIID provider. The provider must inform the
Secretary whether installation is being done by its own employees, contractors,
or both. All installations shall be performed in a professional and workmanlike
manner. BAIID providers shall be responsible for their installer's compliance
with this Subpart D. A BAIID provider may be decertified by the Secretary for
the noncompliance of its installer with the requirements of this Subpart
D;
2) All service centers and
mobile installation units shall have all tools, test equipment and manuals
needed to install BAIIDs and screen motor vehicles for acceptable mechanical
and electrical condition prior to installation;
3) The installer shall provide adequate
security measures to prevent access to the BAIIDs (tamper seals or installation
instructions);
4) The installer
shall appropriately install BAIIDs on motor vehicles taking into account each
motor vehicle's mechanical and electrical condition, following accepted trade
standards and the BAIID manufacturer's instructions. All connections shall be
soldered or secured with no crimp wire connectors and covered with tamper
seals. It is the BAIID permittee's or MDDP offender's responsibility to repair
the vehicle if any prior condition exists that would prevent the proper
functioning of the BAIID. The installer shall inform the BAIID permittee or
MDDP offender that a problem exists, but shall not be responsible for repairing
the vehicle. The installer shall not permit the BAIID permittee or MDDP
offender to observe the installation of the BAIID;
5) The installer shall not install BAIIDs in
a manner that could adversely affect the performance of the BAIID or impede the
safe operation of the motor vehicle;
6) After the BAIID has been installed in the
motor vehicle, the installer shall verify that the BAIID is functioning
properly and shall have the BAIID permittee or MDDP offender use the BAIID to
start the vehicle to ensure familiarity with the operation of the BAIID. At
that same time, the installer shall verify that the camera is operational and
that a reference image of the BAIID permittee or MDDP offender has been
taken;
7) The installer shall
restore a motor vehicle to its original condition when a BAIID is removed. All
severed wires must be permanently reconnected and insulated with heat shrink
tubing or equivalent;
8) When the
installer is also providing monitoring and other services for the BAIID after
installation, the installer shall perform all of the duties that are associated
with service after the installation and that are required by this Section of a
BAIID provider. These duties shall include, but are not limited to, completing
all monitoring reports and/or mailing in the appropriate portion of the BAIID
to the BAIID provider, making notification of any evidence of tampering or
circumvention, and recalibrating BAIIDs whenever they are brought in for
service or monitoring;
9) The
installer shall not install a BAIID on any vehicle that does not have an
operable horn, but shall advise the BAIID permittee or MDDP offender to have
the vehicle's horn repaired before installation can occur.
10) All installation sites must comply with
state and local zoning requirements (e.g. zoned for commercial or business
purposes) and must be kept sanitary to include cleaning up and sanitizing areas
that contact pet waste. Only animals as defined by 730 ILCS 5/48-8 are allowed
in service centers.
11) Installers
may not smoke cigarettes, cannabis or any other substance while installing,
servicing, or removing a BAIID, in any area where the BAIID is installed,
serviced or removed, or in the presence of a BAIID permittee.
12) Post-Installation Inspection. After
installation of the BAIID, an inspection must be made by the installer to
ensure the installation was performed properly, the BAIID is functioning as
required, and, if equipped, a remote start system does not interfere with the
required functionality of the BAIID and does not allow the vehicle to be
started without a breath sample.
k) Suspension and Decertification of BAIID
Providers. The Secretary may suspend or decertify a BAIID provider from
providing BAIID services in Illinois. The Secretary shall provide written
notification to the BAIID provider regarding any violation of this Section that
may lead to suspension or decertification. The BAIID provider will be given a
30 day opportunity to come into compliance. The BAIID provider shall respond in
writing to the Secretary regarding the course of corrective action. If the
course of corrective action is deemed unacceptable by the Secretary, or if
there are recurring instances of the violations that led to the notice
following the corrective action, the Secretary may decertify the BAIID provider
from providing services in Illinois or suspend the BAIID provider from
performing any new installations for a period of 3 months. The following are
considered actions warranting suspension or decertification:
1) Failure to submit monitor reports in a
timely manner, as provided in subsections (h)(9) and (h)(10). If the Secretary
finds, through investigation, that the BAIID permittee or MDDP offender did
take the vehicle with the installed BAIID to the BAIID provider, or sent the
appropriate portion of the BAIID to the BAIID provider for a monitor report in
a timely manner, a request for the monitor report shall be sent to the BAIID
provider. If the information is not received within 30 days, the BAIID provider
will be given a 3 month suspension from providing new installations in
Illinois. Three occurrences within a 12 month period will result in
decertification;
2) Failure to
maintain liability insurance as required;
3) Failure to install certified BAIIDs within
the time requirements of this Subpart D;
4) Failure to comply with all of the duties
and obligations contained in this Subpart D;
5) Failure to provide BAIID permittees or
MDDP offenders with correct information regarding the requirements of this
Subpart D;
6) Failure to submit a
required surcharge to the Secretary or failure to submit a required surcharge
in a timely manner for deposit in the Indigent BAIID Fund as required in IVC
Section 6-206.1 and Section
1001.444 of this Part. If the
amount in dispute is not resolved within the above 30 day period, the BAIID
provider shall be decertified unless the BAIID provider submits, within the 30
day period, a written request to review the amount in dispute to the BAIID
Division. The dispute will then be resolved according to the terms of the
contract entered into between the BAIID provider and the Secretary;
7) Failure to work with BAIID permittees or
MDDP offenders in a professional manner. Complaints from BAIID permittees and
MDDP offenders will be recorded. Repeated complaints determined by the
Secretary to be valid or clear violations of the program requirements set forth
in this Section shall result in decertification;
8) Failure to provide installations in a
workmanlike manner, as set forth in this Section, and within the requirements
of the manufacturer;
9) Installing
BAIIDs not certified by the Secretary;
10) Failure to report installations and
deinstallations to the Secretary within 7 days;
11) Failure to maintain and upgrade
calibration equipment, BAIIDs and cameras;
12) Failure to provide services to indigent
MDDP offenders;
13) Failure to
provide trained installers or installations that are not in compliance with
subsection (j)(2);
14) Failure to
inform the Secretary of suspension or decertification from service in another
jurisdiction within 30 days;
15)
Failure to notify the Secretary of any BAIID installer or service center that
is no longer installing or servicing BAIIDS for the provider;
16) Wiring the BAIID for circumvention or
creating a circumventing apparatus for the BAIID permittee or MDDP
offender;
17) Giving information to
a BAIID permittee or MDDP offender that results in or could result in the BAIID
being circumvented;
18) Failing to
use or make secure or appropriate wiring connections as specified in this
Section;
19) Installing a BAIID in
a vehicle that does not have an operable horn;
20) Failing to maintain the calibration
equipment and solutions as specified in this Section;
21) Invalidation of an installer's Illinois
driver's license;
22) Failure to
meet any of the requirements of this Section or other applicable administrative
rules or statutes;
23) Solicitation
of a permittee for any service or product other than installation and use of a
BAIID.
l) Notification
of Decertification or Decision Not to Recertify. Upon a decision not to
recertify a BAIID provider, or upon decertification of a BAIID or the
decertification of or the cessation of the operation of a BAIID provider, the
Secretary shall notify in writing all affected BAIID permittees or MDDP
offenders. The notification shall be sent not less than 30 days after the
decision or, if the BAIID provider requests a formal administrative hearing
within that 30 day period to review the decision, notification shall not be
sent until the entry of a final order of the hearing officer upholding the
decision.
m) Designation of
Installation Sites
1) Each BAIID provider
shall be responsible for establishing installation sites within the State to
service BAIID permittees and MDDP offenders, or to provide mobile installations
as provided in subsection (n). Prior to notifying the Secretary that an
employee or contractor is an approved installer, the provider must visit the
installation site to ensure that all requirements of this Section are met.
Providers must visit each installer to ensure continued compliance with this
Section on an annual basis;
2) The
Secretary shall monitor the location of installation sites throughout Illinois.
If the Secretary determines that any place in Illinois is not within 75 miles
of an installation site, the Secretary shall randomly select one of the
certified BAIID providers and require that BAIID provider to establish an
installation site or provide mobile installations in the unserved area. If a
second or subsequent area of Illinois is determined not to be within 75 miles
of an installation site, the Secretary shall randomly select a BAIID provider
other than the one selected previously and require that BAIID provider to
establish an installation site or provide mobile installations in the unserved
area. As a condition of being certified by the Secretary, BAIID providers must
agree to take assignments to unserved areas pursuant to this subsection
(m)(2).
n) Mobile
Installation Sites
1) A BAIID provider may
install BAIIDs at locations other than fixed, permanent installation
sites.
2) All provisions in this
Section, as well as Sections
1001.441 and
1001.444, are hereby made
applicable to mobile installers and mobile installations, except for those
provisions that by their nature can have no application to mobile installers
and installations.
3) At the
installation location, the installer must have a copy of the
permittee's/offender's request to have a BAIID installed and show it to the
permittee/offender upon request.
4)
A provider may, but is not required to, provide an identification card for
mobile installers that includes, but is not limited to, the name of the
installer and the provider for which the installer works. The identification
card may also contain a photo of the installer.
5) Providers shall provide the Secretary with
a schedule of mobile installs 24 hours before the install occurs. The schedule
shall contain the name and address of the permittee/offender and the location
where the install will occur. The Secretary reserves the right to attend and
inspect mobile installations.
o) An applicant whose application for
certification or recertification as a BAIID provider has been denied, or a
BAIID provider who has been suspended or decertified, shall have the right to
have that decision reviewed at a formal administrative hearing. In the case of
a decision not to recertify or to suspend or decertify, that decision shall not
be implemented until at least 30 days after the notice of the decision has been
sent to the applicant or provider or, if the applicant or provider requests a
hearing within that 30 day period, until the entry of a final order of the
hearing officer upholding the decision. The hearings held under this Subpart D
shall be conducted in accordance with all of the rights, privileges, and
procedures set forth in Subpart A. A request for a hearing to contest a
decision to deny certification or recertification or to decertify must be in
writing and must be sent to one of the following locations:
1) Office of the Secretary of State,
Department of Administrative Hearings, 17 North State Street, Suite 1200,
Chicago, Illinois 60602, 312/793-3722;
2) Office of the Secretary of State,
Department of Administrative Hearings, Michael J. Howlett Building, Room 207,
Springfield, Illinois 62756, 217/524-0124.
p) Any solicitation or correspondence sent
from or provided by a BAIID provider to a potential RDP or MDDP permittee must
conspicuously and in bold include the following statements: "6772_______ (name
of BAIID provider) is a privately-owned entity and is not owned, operated, or
endorsed by the Illinois Secretary of State or any other Illinois government
agency" and "April 13, 2022___ (name of BAIID provider) is not the sole BAIID
provider authorized by the Secretary of State." The solicitation or
correspondence may not be attached to or have the appearance of any official
correspondence sent to a permittee by the Secretary of State; may not state or
otherwise indicate that the provider is the sole or only BAIID provider in
Illinois, and shall not utilize the same font as utilized by the Illinois
Secretary of State (Arial, Calibri, Cambria, Garamond, and Times New Roman)
when the Secretary sends correspondence to permittees. A BAIID provider or
installer may not use any personal information (including the name, address,
telephone number and/or email address) provided by a permittee to solicit the
permittee for any service or product other than installation and use of BAIID,
including, but not limited to, insurance and auto repair.
Notes
Amended at 37 Ill. Reg. 5844, effective April 19, 2013
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.