Section 1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs

Section 1001

Section 1001.441  Procedures

for Breath Alcohol Ignition Interlock Device

Conditioned RDPs

a)         BAIID Required for RDP; Fee Required

1)         The issuance of RDPs to a BAIID petitioner shall be

conditioned upon the use of a Breath Alcohol Ignition Interlock Device (BAIID),

as required by IVC Sections 6-205, 6-206 and/or 11-501.01.  As provided in

these Sections, a BAIID petitioner must pay a non-refundable fee of $30 per

month on an annual basis, for a total annual payment of $360.  This total

annual payment must be paid in advance and prior to the issuance of any

permit.  Payment must be submitted in the form of a money order, check, or a

credit card charge (with a pre-approved card), made payable to the Secretary of

State.

2)         A BAIID petitioner who is renewing an RDP and who also is

eligible for the reinstatement of driving privileges less than 12 months from

the date of the expiration of the current RDP at the time the petitioner renews

the permit shall not be required to make an annual payment.  If the petitioner

has been scheduled for a formal hearing on a petition for reinstatement at the

time of renewal, then petitioner shall pay the above-referenced fee in an

amount equal to the number of months between the date of renewal and date of

the hearing, plus an additional 3 months (not to exceed 12 months), times $30.

If the petitioner does not have a formal hearing on a petition for

reinstatement scheduled at the time of renewal, then the fee shall be paid for

9 months.  If, however, the petitioner is denied reinstatement, then the

petitioner must resume payment on an annual basis.

b)         Notification of BAIID Requirements.  The Secretary shall

notify any BAIID petitioner who requests a hearing of the procedures for

obtaining a BAIID and the BAIID requirements.  Notification may be accomplished

in one of the following ways, though not limited thereto:  informal hearing

officer; phone contact; written notification, or by electronic mail

ume payment on an annual basis.

b)         Notification of BAIID Requirements.  The Secretary shall

notify any BAIID petitioner who requests a hearing of the procedures for

obtaining a BAIID and the BAIID requirements.  Notification may be accomplished

in one of the following ways, though not limited thereto:  informal hearing

officer; phone contact; written notification, or by electronic mail.

c)         Type of Hearing Required.  All hearings involving a BAIID

petitioner seeking driving relief shall be formal hearings, except renewal of a

RDP when the petitioner had no BAIID violations or if a monitor report

indicated a BAIID violation had occurred, but the petitioner submitted an

explanation to the BAIID Division that reasonably assured the Division that no

violation had occurred may be done at an informal hearing.  Any hearing

involving a BAIID petitioner shall be conducted as any other hearing under this

Part and all other applicable standards shall apply.

d)         Petitioner Must Meet Requirements of Subpart D.  The Secretary

shall issue an RDP to a BAIID petitioner if, through the hearing process, the

petitioner is determined to meet all of the requirements of this Subpart D and

installs and utilizes a BAIID in all motor vehicles operated, by the BAIID

petitioner and, where applicable, all motor vehicles owned by the BAIID

petitioner as required by the RDP issued under this Subpart D.  A BAIID

permittee who does not meet the requirements of Subpart D at the time of

renewal as a result of BAIID violations incurred during the monitoring period

may only be renewed for a maximum of 12 months. The petitioner must come into

compliance with all provisions of Subpart D during that 12-month renewal

period.  Failure to come into compliance with Subpart D will result in denial

of renewal and for BMO permittees, restart the 1,826-day requirement in Sec.

1001.443

f

renewal as a result of BAIID violations incurred during the monitoring period

may only be renewed for a maximum of 12 months. The petitioner must come into

compliance with all provisions of Subpart D during that 12-month renewal

period.  Failure to come into compliance with Subpart D will result in denial

of renewal and for BMO permittees, restart the 1,826-day requirement in Sec.

1001.443.  BAIIDs shall not be installed on, nor shall BAIID permittees operate

motorcycles, motor driven cycles or commercial motor vehicles requiring a

commercial driver's license.

e)         Hearing Officer's Responsibilities; Petitioner's

Responsibilities.  Prior to the taking of evidence at the hearing:

1)         The hearing officer shall ensure that the BAIID petitioner

understands:  all of the provisions and requirements of receiving a BAIID

permit; that to obtain an RDP the BAIID petitioner must minimally meet all of

the requirements of Section 1001.440 and install and utilize the BAIID; that a

BAIID petitioner's agreement to install a BAIID or willingness to comply with

the BAIID requirements does not guarantee issuance of an RDP; and that all

costs associated with the BAIID are the responsibility of the BAIID petitioner;

and

2)         The BAIID petitioner shall advise the hearing officer that the

petitioner understands all of the provisions and conditions of the BAIID

requirements and whether the petitioner agrees to comply with the BAIID

requirements.  If the BAIID petitioner is unwilling to use the BAIID, or comply

with this Section, the petitioner shall be advised that an RDP cannot be

granted.

f)         Decision.  After the hearing, the hearing officer shall

consider the evidence and the relief requested and make a recommendation as in

any other hearing under this Part.

1)         If the hearing officer does not determine that the relief

requested should be granted, an order denying relief shall be prepared

his Section, the petitioner shall be advised that an RDP cannot be

granted.

f)         Decision.  After the hearing, the hearing officer shall

consider the evidence and the relief requested and make a recommendation as in

any other hearing under this Part.

1)         If the hearing officer does not determine that the relief

requested should be granted, an order denying relief shall be prepared.

2)         If the hearing officer determines that an RDP should be

granted, an order granting an RDP shall be prepared with the additional

requirement that the RDP is conditioned upon the installation and continued use

of a BAIID .  All RDPs issued under this Section shall require continued use of

the BAIID until the driving privileges of the petitioner are reinstated.

g)         Installation of BAIID.  Upon the issuance of an RDP under this

Section, the Secretary shall make available a list of certified BAIID providers

to the BAIID permittee.  In addition to the other requirements under this Part,

the BAIID permittee may operate the vehicle for 14 days from the issuance of

the RDP without a BAIID installed, solely for the purpose of taking the vehicle

to a BAIID provider or installer for installation of a BAIID.  The permittee

must be the individual who takes the vehicle to the installer to have the BAIID

installed, and must have a reference image taken by the installer at the time

of installation. Within 7 days from the date of the installation of the BAIID,

the installer or BAIID provider must notify the Secretary that a BAIID has been

installed in the vehicles designated by the BAIID permittee.  Proof of

installation shall be by such means as determined by the Secretary from the

installer or BAIID provider.  Failure to comply with these requirements will

result in the denial of driving relief and the cancellation of any RDP issued.

h)         Petitioner's Responsibilities – Driving with a BAIID

cretary that a BAIID has been

installed in the vehicles designated by the BAIID permittee.  Proof of

installation shall be by such means as determined by the Secretary from the

installer or BAIID provider.  Failure to comply with these requirements will

result in the denial of driving relief and the cancellation of any RDP issued.

h)         Petitioner's Responsibilities – Driving with a BAIID.  Any

BAIID petitioner receiving an RDP under this Section must comply with the

following requirements:

1)         Operate only vehicles with an installed, operating BAIID

certified by the Secretary whether the vehicle is owned, rented, leased,

loaned, or otherwise in the possession of the BAIID permittee as required by

the RDP issued under this Section.

2)         Except when a BAIID has been installed that may be read remotely,

take the vehicle with the BAIID installed to the BAIID provider or installer or

send the appropriate portion of the BAIID to the BAIID provider or installer

within the first 30 days for an initial monitor report to help the BAIID

permittee learn how to correctly use the BAIID, and thereafter not longer than

every 60 days for the purposes of calibration and having a monitor report of

the BAIID's activity prepared and sent to the Secretary by the BAIID provider

or installer.

3)         If a

BAIID has been installed that permits the BAIID permittee to mail in a portion

of the BAIID to be read and calibrated, or that allows the BAIID to be read

remotely, that BAIID permittee shall be required to bring the vehicle into a

BAIID installation site at least once every 6 months so that the BAIID and all

wiring and connections related to the BAIID may be inspected for signs of

tampering or circumvention.

4)         Within 5 working days after any service or inspection

notification, take the vehicle with the BAIID installed to the BAIID provider

or installer or send the appropriate portion of the BAIID to the BAIID provider

or installer, as instructed, for a monitor report

at the BAIID and all

wiring and connections related to the BAIID may be inspected for signs of

tampering or circumvention.

4)         Within 5 working days after any service or inspection

notification, take the vehicle with the BAIID installed to the BAIID provider

or installer or send the appropriate portion of the BAIID to the BAIID provider

or installer, as instructed, for a monitor report.

5)         Maintain a journal of events recording unsuccessful attempts

to start the vehicle, failures to successfully complete a running retest, any

problems with the BAIID and the name of the driver operating the vehicle at the

time of the event.  If BAIIDs have been installed on multiple vehicles pursuant

to Section 1001.443, a separate journal must be kept for each vehicle,

recording unsuccessful attempts to start the vehicle, failures to successfully

complete a running retest, any problems with the BAIID, and the name of the

driver operating the vehicle at the time of the event.

6)         Ensure

that the BAIID camera is aimed, and the person using the BAIID is situated, so

that the camera 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.

7)         Shall not have a BAIID removed or uninstalled from the BAIID

permittee's vehicle prior to notifying the Secretary and surrendering the RDP

to the Secretary or the Secretary's designee.

i)          Review of Monitor Reports; Sanctions for Failure to Comply.

Upon receipt or nonreceipt of monitor reports, the Secretary shall review them

and take the action specified in this subsection (i).  Failure of the BAIID

permittee to comply with the requirements of this Subpart D shall be made part

of the BAIID permittee's record of performance to be considered at future

formal hearings

)          Review of Monitor Reports; Sanctions for Failure to Comply.

Upon receipt or nonreceipt of monitor reports, the Secretary shall review them

and take the action specified in this subsection (i).  Failure of the BAIID

permittee to comply with the requirements of this Subpart D shall be made part

of the BAIID permittee's record of performance to be considered at future

formal hearings.

1)         For any BAIID permittee whose monitor reports show 10 or more

unsuccessful attempts to start the vehicle, or a failure to successfully

complete a running retest, during the initial monitor period, the Secretary

shall send a warning letter to the BAIID permittee indicating that future

unsuccessful attempts to start the vehicle or failure to successfully complete

a running retest will result in the Secretary sending a letter to the BAIID

permittee asking for an explanation of the unsuccessful attempts to start the

vehicle or the failure to successfully complete a running retest;

2)         For any BAIID permittee whose monitor reports show 10 or more

unsuccessful attempts to start the vehicle after the initial monitor report

period, the Secretary shall send the BAIID permittee a letter asking for an

explanation of the unsuccessful attempts to start the vehicle.  If a response

is received within 21 days after the date of the Secretary's letter and it

reasonably assures the Secretary that no violation occurred, no further action will

be taken.  If a response is not received within 21 days or does not reasonably

assure the Secretary, the failure to comply will be made part of the BAIID

permittee's record of performance;

3)         For any BAIID permittee whose monitor reports show a failure

to successfully complete a running retest, after the initial monitor report

period, the Secretary shall send the BAIID permittee a letter asking for an

explanation of the failure to successfully complete a running retest

the Secretary, the failure to comply will be made part of the BAIID

permittee's record of performance;

3)         For any BAIID permittee whose monitor reports show a failure

to successfully complete a running retest, after the initial monitor report

period, the Secretary shall send the BAIID permittee a letter asking for an

explanation of the failure to successfully complete a running retest.  If a

response is received within 21 days after the date of the Secretary's letter

and it reasonably assures the Secretary that no violation occurred, no further

action will be taken.  If a response is not received within 21 days or does not

reasonably assure the Secretary, the failure to comply will be made part of the

BAIID permittee's record of performance;

4)         For any BAIID permittee whose monitor reports show a BrAC

reading of 0.05 or more or a pattern of BrAC readings consistent with the use

of alcoholic beverages, regardless of any other provision contained in this

Section, there shall arise a rebuttable presumption that the BAIID permittee

consumed alcoholic beverages.  In every case, the Secretary shall send a letter

asking for an explanation of the BrAC reading or the pattern of BrAC readings

consistent with the use of alcoholic beverages.  If a response is received

within 21 days after the date of the Secretary's letter and it reasonably

assures the Secretary that the BAIID permittee did not consume alcoholic

beverages, no further action will be taken.  If a response from a BAIID

permittee is not received within 21 days or does not reasonably assure the

Secretary, the failure to comply will be made part of the BAIID permittee's

record of performance to be considered by the hearing officer at the next

hearing;

5)         For any BAIID permittee who fails a running retest, or fails

to take a running retest, the Secretary shall send the BAIID permittee a letter

asking for an explanation of the incident

21 days or does not reasonably assure the

Secretary, the failure to comply will be made part of the BAIID permittee's

record of performance to be considered by the hearing officer at the next

hearing;

5)         For any BAIID permittee who fails a running retest, or fails

to take a running retest, the Secretary shall send the BAIID permittee a letter

asking for an explanation of the incident.  If a response is received within 21

days after the date of the Secretary's letter and it reasonably assures the

Secretary that no violation occurred, no further action will be taken.  If a

response is not received within 21 days or does not reasonably assure the

Secretary, the failure to comply will be made part of the BAIID permittee's

record of performance;

6)         For any BAIID permittee whose initial monitor report or

subsequent monitor reports show any tampering with or unauthorized

circumvention of the BAIID, or if physical inspection by an installer shows any

tampering with or unauthorized circumvention of the BAIID, the Secretary shall

send the BAIID permittee a letter asking for an explanation of the tampering or

unauthorized circumvention.  If a response is received within 21 days after the

date of the Secretary's letter and it reasonably assures the Secretary that no

violation occurred, no further action will be taken.  If a response is not

received within 21 days or does not reasonably assure the Secretary, then the

Secretary shall immediately cancel the RDP and authorize the immediate removal/uninstallation

of the BAIID.

7)         For

any BAIID permittee required to submit a letter of explanation, if a review of

the images taken at the time of the violation indicates the BAIID camera was prevented

from taking clear and accurate images of the individual blowing into the

mouthpiece, the explanation shall automatically be rejected and the appropriate

sanction, as set forth in this subsection (i), shall be imposed

For

any BAIID permittee required to submit a letter of explanation, if a review of

the images taken at the time of the violation indicates the BAIID camera was prevented

from taking clear and accurate images of the individual blowing into the

mouthpiece, the explanation shall automatically be rejected and the appropriate

sanction, as set forth in this subsection (i), shall be imposed.

8)         If

review of the images captured by the BAIID indicates the camera is obstructed

or the BAIID permittee, other person attempting to start the vehicle, or the

camera is positioned in such a manner as to prevent a clear image of the face

of the person blowing into the BAIID, the Secretary shall send notification to

the BAIID permittee to properly adjust the camera and/or to position himself or

herself in a manner that will allow for a clear image of the operator of the

BAIID, and informing the permittee that the camera must not be obstructed.  If,

after notification is sent, a review of images captured by the BAIID discloses

that the camera is still obstructed or is not taking clear images of the

operator, the RDP may be cancelled.

9)         Failure

to Submit a BAIID for Monitoring in a Timely Manner.  Unless notified by a

BAIID provider pursuant to subsection (j)(2), all monitor reports shall be

submitted to the Secretary within 67 days after the previous monitor report.  If

the Secretary fails to receive a BAIID permittee's monitor reports in the 67

days, the Secretary will conduct an informal inquiry (will attempt to contact

the BAIID provider and permittee by telephone or e-mail) for the purpose of

determining the cause for this failure

section (j)(2), all monitor reports shall be

submitted to the Secretary within 67 days after the previous monitor report.  If

the Secretary fails to receive a BAIID permittee's monitor reports in the 67

days, the Secretary will conduct an informal inquiry (will attempt to contact

the BAIID provider and permittee by telephone or e-mail) for the purpose of

determining the cause for this failure.  If it is determined or if it appears

that the BAIID permittee failed to take in a vehicle with the BAIID for timely

monitor reports or failed to send the appropriate portion of the BAIID,

utilizing a traceable package delivery service, to the BAIID provider or

installer for timely monitor reports, the Secretary will send a letter to the

BAIID permittee stating that, if the BAIID is not taken in for a monitor report

within 10 days after the date of the letter, any permits issued to the BAIID

permittee will be cancelled.

j)          Immediate Cancellation of BAIID RDP.  Any one of the

following shall be grounds for immediate cancellation of an RDP issued under

this Section:

1)         Any law enforcement report showing operation of a vehicle by a

BAIID permittee without a BAIID as required by the RDP issued under this

Section.  The law enforcement officer shall, at the time of the stop,

confiscate the RDP and send it, or a copy of it, along with the report, to the

Secretary;

2)         Notification from a BAIID provider or installer on a removal/uninstallation

report form stating that the BAIID installed in a BAIID permittee's vehicle has

been removed and/or is no longer being utilized by the permittee, as required

by subsection (d), including a removal or uninstallation caused by the BAIID

permittee's failure to pay lease or rental fees owed to the BAIID provider,

unless the permittee has notified the Secretary that the permittee is no longer

utilizing the BAIID and surrendered the BAIID permit to the Secretary as

required in subsection (h)

d/or is no longer being utilized by the permittee, as required

by subsection (d), including a removal or uninstallation caused by the BAIID

permittee's failure to pay lease or rental fees owed to the BAIID provider,

unless the permittee has notified the Secretary that the permittee is no longer

utilizing the BAIID and surrendered the BAIID permit to the Secretary as

required in subsection (h).  This notification shall be sent to the Secretary

no more than 7 days after the removal/uninstallation;

3)         Any law enforcement report involving a DUI;

k)         Hearing to Contest Cancellation of BAIID RDP.  Any BAIID

permittee whose RDP is cancelled as provided in this Section may request a

hearing to contest the cancellation within 60 days from the effective date of

the cancellation.  The hearing will be scheduled and held on an expedited

basis.  The hearing will be conducted as any other formal hearing under this

Part.  Any BAIID permittee whose RDP is cancelled under the provisions of this

Section and who is required to abstain from alcohol/drugs (whose alcohol/drug

use was classified at High Risk-Dependent) and who admits to consuming

alcoholic beverages may not request a hearing to contest the cancellation.

1)         The

purpose of a hearing to contest a BAIID cancellation is to determine whether

the BAIID Division acted in accordance with its rules, procedures and

guidelines in entering the cancellation of driving privileges, based upon the

evidence available to it at the time of its initial decision.  If it is

determined at the hearing that the BAIID Division did not act in accordance

with its rules, procedures and guidelines, the Department of Administrative

Hearings will enter an Order rescinding the cancellation

dance with its rules, procedures and

guidelines in entering the cancellation of driving privileges, based upon the

evidence available to it at the time of its initial decision.  If it is

determined at the hearing that the BAIID Division did not act in accordance

with its rules, procedures and guidelines, the Department of Administrative

Hearings will enter an Order rescinding the cancellation.  If it is determined

at the hearing that the BAIID Division acted in accordance with its rules,

procedures and guidelines, the Department of Administrative Hearings will enter

an Order either affirming the cancellation or an Order affirming, but

terminating, the cancellation.  A termination will be entered when the

petitioner provides additional credible evidence at the hearing regarding the

petitioner's alleged violation of the rules of the BAIID program, or that the

BAIID Division was misinformed or did not have all the essential facts at the

time of its initial decision.  The findings of fact must articulate the

additional facts and circumstances cited in the Order of Termination that support

the rationale for concluding that the public safety and welfare is better

served by a termination.

2)         Any

BAIID permittee whose RDP is cancelled for any reason provided for in this

Section, and whose cancellation was terminated after a formal hearing to contest

the cancellation, is immediately eligible to petition for another formal

hearing if the petitioner's RDP has expired by the time that the final order

from the formal hearing has been entered.  If the RDP has not expired, then a

new RDP will be issued with the same expiration date as the cancelled RDP.

3)         Any

BAIID permittee whose RDP is cancelled for any reason provided for in this

Section, and whose cancellation was rescinded after a formal hearing to contest

the cancellation, will be issued a new RDP with the same expiration date as the

cancelled RDP

ng has been entered.  If the RDP has not expired, then a

new RDP will be issued with the same expiration date as the cancelled RDP.

3)         Any

BAIID permittee whose RDP is cancelled for any reason provided for in this

Section, and whose cancellation was rescinded after a formal hearing to contest

the cancellation, will be issued a new RDP with the same expiration date as the

cancelled RDP.  If the RDP has expired, the petitioner is immediately eligible

to petition for another formal hearing.

l)          No Hearing for 90 Days After Cancellation.  Any BAIID

permittee whose RDP is cancelled for any reason as provided for in this Section

shall not be granted another hearing for any type of driving relief for 90 days

from the date of the cancellation, except to contest the cancellation as

provided in subsection (k).  In the event a hearing is held pursuant to

subsection (k) and the cancellation is affirmed, the BAIID permittee shall not

be granted another hearing for driving relief for 30 days from the date of the

order affirming the cancellation.

m)        Formal Order – Content.  Any formal order entered that grants

the issuance of an RDP as provided for in this Section shall, in addition to

all other requirements, clearly indicate the following:

1)         That the RDP is issued conditioned upon BAIID installation and

proper usage of the BAIID by the permittee; and

2)         That the BAIID permittee is aware of all conditions and terms

of BAIID installation and proper usage of the BAIID, and the permittee accepts

those conditions and terms as conditions precedent to the issuance of the RDP.

n)         RDPs – Content

ate the following:

1)         That the RDP is issued conditioned upon BAIID installation and

proper usage of the BAIID by the permittee; and

2)         That the BAIID permittee is aware of all conditions and terms

of BAIID installation and proper usage of the BAIID, and the permittee accepts

those conditions and terms as conditions precedent to the issuance of the RDP.

n)         RDPs – Content.  Any RDPs issued as provided for in this

Section shall, in addition to all other requirements, clearly indicate:

1)         That the RDP is issued pursuant to the BAIID requirements of

this Section, and that a vehicle operated by a BAIID permittee must be equipped

with an installed, properly operating BAIID;

2)         That the provisions of the RDP also allow the BAIID permittee

to drive to and from the BAIID provider or installer for the purposes of

installing the BAIID within 14 days after the issuance of the RDP, or obtaining

monitor reports, and any necessary servicing.

o)         Use of Monitor Reports.  The Secretary shall gather all

available monitor reports and images and any other information relative to the

permittee's performance and compliance with the BAIID requirements under this

Subpart D.  The reports, images and information may be used as evidence at any

administrative hearing conducted by the Secretary under this Part.

p)         Modification

or Waiver of BAIID

1)         The

Secretary may make a medical or physical BAIID modification or waiver for RDPs

issued under this Section. When a BAIID permittee provides a report from a

physician stating the permittee is physically unable to produce an adequate

breath sample to operate the BAIID, the Secretary may allow the permittee to

install a BAIID that operates with a lower breath sample requirement.  The

Secretary may, at the Secretary's discretion, obtain a review of the

physician's report by the Secretary's Medical Advisory Board

ID permittee provides a report from a

physician stating the permittee is physically unable to produce an adequate

breath sample to operate the BAIID, the Secretary may allow the permittee to

install a BAIID that operates with a lower breath sample requirement.  The

Secretary may, at the Secretary's discretion, obtain a review of the

physician's report by the Secretary's Medical Advisory Board.

2)         When a BAIID permittee is the owner of only one vehicle, this

modification may also be granted if an immediate family member who resides with

the BAIID permittee must drive the vehicle and the immediate family member is

unable to provide an adequate breath sample to operate the BAIID.

q)         Employment Exemption from BAIID Requirements.  In determining

whether a BAIID permittee is exempt from the BAIID requirements pursuant to the

waiver provided for in IVC Sections 6-205 and 6-206, the following shall apply:

1)         The term "employer" shall

not include an entity owned or controlled in whole or in part by the permittee

or any member of the permittee's immediate family, unless the entity is a

corporation and the permittee and the permittee's immediate family own a total

of less than 5% of the outstanding shares of stock in the corporation.

Immediate family shall include spouse, children, children's spouses, parents,

spouse's parents, siblings, siblings' spouses and spouse's siblings;

2)         The

exemption shall not apply where the employer's vehicle is assigned exclusively

to the BAIID permittee or the BAIID permittee uses the vehicle for commuting to

and from employment or for other personal use.

3)         Appropriate

limits will be established for necessary on-the-job driving

en's spouses, parents,

spouse's parents, siblings, siblings' spouses and spouse's siblings;

2)         The

exemption shall not apply where the employer's vehicle is assigned exclusively

to the BAIID permittee or the BAIID permittee uses the vehicle for commuting to

and from employment or for other personal use.

3)         Appropriate

limits will be established for necessary on-the-job driving.  The days, hours

and mileage limits will not exceed those necessary for the accomplishment of

the BAIID permittee's primary employment and shall be limited to a maximum of

12 hours per day and 6 days per week unless the request for increased limits is

substantially documented, such as through an employer's verification of the

BAIID permittee's work schedule.

4)         An

exemption also may be granted to a BAIID permittee who can prove that the

permittee duties include test-driving vehicles not owned by the permittee. The

exemption will be limited to this purpose and to no more than a 5-mile radius

from the permittee's place of employment.

5)         The

Secretary will also inform a BAIID permittee whose employment exemption is

terminated that the permittee remains eligible to have an interlock BAIID

installed in the permittee's personal vehicle and the employer's vehicle

without a hearing. Failure to have the BAIID installed by the date designated

by the Secretary will result in the termination of the BAIID permittee's RDP.

r)          Decertification

of BAIID Providers and BAIID.  The Secretary must notify the BAIID permittee of

the decertification of a BAIID provider or the decertification of a particular

type of BAIID.  The BAIID permittee must then select a new BAIID provider or

type of BAIID from the list of approved BAIID providers maintained by the

Secretary.  The BAIID permittee must inform the Secretary of that selection

within 7 days after the receipt of notification from the Secretary

the BAIID permittee of

the decertification of a BAIID provider or the decertification of a particular

type of BAIID.  The BAIID permittee must then select a new BAIID provider or

type of BAIID from the list of approved BAIID providers maintained by the

Secretary.  The BAIID permittee must inform the Secretary of that selection

within 7 days after the receipt of notification from the Secretary.  The BAIID

permittee must complete registration with a new BAIID provider and/or

installation of a new BAIID within 21 days after the receipt of the

notification from the Secretary.  Failure to complete these steps within the

21-day period may result in cancellation of the BAIID permittee's RDP.  All

costs related to any change in BAIID provider or BAIID shall be paid by the

BAIID permittee.

s)         Reciprocity

with Other States.  The Secretary will honor the BAIID requirements imposed by

other states on Illinois drivers and drivers licensed in other states, for

offenses committed in other states, and will reciprocate other states'

recognition of BAIID requirements imposed by Illinois on drivers licensed in

Illinois, or licensed in other states for offenses committed in Illinois.

t)          Monitor

Reports Received after Reinstatement.  If the Secretary receives a monitor

report after the BAIID permittee's driving privileges have been reinstated

showing a violation that would have led to reinstatement being denied, the

Secretary shall cancel the driving privileges and notify the permittee of the

cancellation.  The permittee shall be further notified that the permittee may

apply to have the permit reissued, conditioned upon reinstalling the BAIID and

payment of all applicable fees, unless otherwise prohibited by this Section.

The Secretary shall also notify the permittee of the right to request a hearing

to contest the cancellation.