# 92 Ill. Adm. Code 1001.442: Section 1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider

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URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_442

## Section

- **Citation:** 92 Ill. Adm. Code 1001.442
- **Heading:** Section 1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER II: SECRETARY OF STATE / Part 1001 PROCEDURES AND STANDARDS / Section 1001.442 BAIID Provider Certification Procedures and Responsibilities › Certification of BAIIDs › Inspections › BAIID Installer's Responsibilities › Decertification of a BAIID Provider

## Text

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.

## Nearby sections

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_442. Check the current official text before relying on it. Not legal advice.