a) The Secretary of
State shall not issue, or shall deny, cancel, suspend or revoke, an online only
adult education course provider certification:
1) Unless the applicant/provider is of good
moral character. In making a determination of good moral character, the
Department is not limited to, but may consider, the following:
A) Whether the applicant/provider has been
convicted of a felony or a misdemeanor. The Department shall consider:
i) The relationship of any crime of which the
applicant/provider has been convicted to the ability to operate an online only
adult driver education course;
ii)
The length of time that has elapsed since the applicant's/provider's last
criminal conviction;
iii) Whether
the applicant/provider successfully completed any sentence imposed with the
convictions;
iv) Whether the
applicant/provider has multiple convictions for felony or misdemeanor
offenses.
B) If the
person has been indicted, formally charged or otherwise charged with a felony
or a misdemeanor, the certification shall be either denied or cancelled.
i) If the person whose certification has been
denied or cancelled under this Part is adjudicated "guilty" by the court, the
denial or cancellation previously entered on his/her record in accordance with
this Section shall stand. This action does not preclude further suspension
and/or revocation of the certification under another Section of this Part or
the IVC.
ii) If the person whose
certification has been denied or cancelled under this Part is adjudicated "not
guilty" by the court, the denial or cancellation previously entered on his/her
record in accordance with this Section shall be rescinded. This action does not
preclude further suspension and/or revocation of the certification under
another Section of this Part or the IVC.
iii) If the person whose certification has
been denied or cancelled under this Part is granted a disposition of "court
supervision" by the court, the denial or cancellation previously entered on
his/her record in accordance this with this Section shall be rescinded. This
action does not preclude further suspension and/or revocation of the
certification under another Section of this Part or the IVC.
2) To any owner or
employee who, during the course of interaction with students:
A) Engaged in activity that puts the student
in danger; or
B) Engaged in
reckless behavior; or
C) Failed to
maintain a professional relationship with students at all times.
3) Unless the applicant/provider
files and maintains with the Department a continuous surety bond in the
principal sum of $50,000, underwritten by a company authorized to do business
in the State of Illinois, for the protection of the contractual rights of
students. However, the aggregate liability of the surety for all breaches of
the condition of the bond in no event shall exceed the principal sum of
$50,000. The surety on any bond may cancel the bond on giving 30 days notice in
writing to the Secretary of State and shall be relieved of liability for any
breach of any conditions of the bond that occurs after the effective date of
cancellation. All bonds filed pursuant to this provision shall be in
substantially the following form:
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Know All Persons by These Presents, That We,
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, of
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,
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hereinafter referred to as Principal and
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, a
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corporation organized and existing to do business in
the State of Illinois, for the use and benefit of all persons who may be
damaged by breach of this bond, as Obligees, in the penal sum of $50,000,
lawful money of the United States of America, for the payment of which sum,
well and truly to be made, we bind ourselves, our executors, administrators,
successors and assigns, firmly by these presents. The condition of this
obligation is such that the principal has made application to the Illinois
Secretary of State for certification for the purpose of exercising the vocation
of an online only adult education course provider. If the Principal faithfully
complies with the Illinois Vehicle Code and all rules and regulations that have
been or may hereafter be in force concerning the license or permit, and shall
save and keep harmless the Obligees from all loss or damage that may be
sustained as a result of the issuance of the license or permit to the
Principal, this obligation shall be void; otherwise, this obligation shall
remain in full force and effect. The bond will expire but may be continued by
renewal certificate signed by Principal and Surety. The Surety may at any time
terminate its liability by giving 30 days written notice to the Commercial
Driver Training Section of the Department, 650 Roppolo Drive, Elk Grove
Village, Illinois 60007, and the Surety shall not be liable for any default
after that 30 day notice period, except for defaults occurring prior
thereto.
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Signed, Sealed and Dated this
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day of
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, 20__
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Principal
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Surety
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By
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Attorney-in-fact
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4)
Unless the Secretary is satisfied that the applicant/provider has established
adequate procedures for verifying the identity of the student taking the course
and ensuring that the student completes the course in its entirety.
5) Unless the applicant submits a copy of its
course content, conforming with Section
1066.45,
to the Department for review and approval, including the questions and answers
on the quizzes and final examination.
6) If a provider fails to immediately report
to the Department any unauthorized access to consumer information, including
computer breaches, or fails to comply with the Illinois Personal Information
Protection Act [815 ILCS 530/5
].
7) If the applicant/provider is
an Illinois corporation, unless the corporation is in good standing with the
Illinois Secretary of State, Department of Business Services.
8) If the applicant/provider is a foreign
corporation, unless the corporation is authorized to transact business in
Illinois, as evidenced by submission of an Application for Authority to
Transact Business in Illinois and acceptance of the same by the Illinois
Secretary of State, Department of Business Services.
9) If the applicant/provider is a foreign
limited liability company, unless the limited liability company is authorized
to transact business in Illinois, as evidenced by submission of an Application
for Admission to Transact Business and acceptance of that application by the
Illinois Secretary of State, Department of Business Services.
10) If the owner or any employee of the
applicant/provider is a current salaried or contractual employee of the
Secretary of State.
11) If an
applicant/provider, owner or manager engages in fraudulent activity as defined
in Section
1066.5.
12) If an applicant, owner or employee has
been declared to have engaged in fraudulent activity within the 5 years prior
to making application for certification.
13) If an applicant/provider or owner owes
outstanding fees to the Secretary of State.
14) If an applicant/provider sells or
discloses any consumer information or fails to post a statement indicating
consumer information will not be sold or disclosed on its website.
15) If an applicant/provider requests the
social security number of students.
16) If a provider fails to immediately report
to the Department any unauthorized access to consumer information, including
computer breaches.
17) Unless the
provider/applicant maintains a staffed customer service telephone number or
live agent online support local Illinois time between 9:00 a.m. and 9:00 p.m.
CST Monday through Friday and between 9:00 a.m. and 7:00 p.m. Saturday and also
maintains an email address or voice mail or answering service 24 hours a day, 7
days a week. All inquiries must be resolved within 48 hours after first
contact.
18) Unless the
provider/applicant provides the Department with a detailed description of each
position involved in every facet of the adult driver education course, with
contact information for each employee. The provider must report any staffing
changes to the Department within 72 hours after the change.
19) If the provider uses voice recognition as
a method of verification, unless the provider furnishes a toll free number for
the purposes of providing the required voice exemplars.
