Section 1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider

Section 1001

Section 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

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

pplicant 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

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

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

pplicant 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 safeguard

cle 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

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

nd 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

t 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

gent

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

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

tified 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≥ 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 ≥ 0.01 in

unstressed conditions or ≥ 0.02 in stressed conditions

o

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 ≥ 0.01 in

unstressed conditions or ≥ 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

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

ed 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

r 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

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

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

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

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

as 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

d 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

, 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

uld

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

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

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

test 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 includ

e

the following

statements: "____________ (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 "____________

(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.