Section 1030.60 Third-Party Certification Program

Section 1030

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1030 ISSUANCE OF LICENSES

SECTION 1030.60 THIRD-PARTY CERTIFICATION PROGRAM

Section 1030.60  Third-Party

Certification Program

a)         For purposes of this

Section, the following definitions shall apply:

"Cancel a Third-Party

Certifying Entity License" − the annulment or termination by formal

action of the Secretary of State of a Third-Party Certifying Entity License or

a Third-Party Certification Safety Officer License because of some error or

defect in the license or because the licensee is no longer entitled to the

license.

"Certify" – transmittal

to the Department by a third-party certifying entity that an employee or member

of the entity has successfully passed the CDL skills tests.

"Deny a Third-Party Certifying

Entity License" − to prohibit or disallow the privilege to obtain a

Third-Party Certifying Entity License or a Third-Party Certification Safety

Officer License by the Secretary of State.

"Department"

− the Department of Driver Services within the Office of the Secretary of

State.

"Federal Motor Carrier Safety

Administration" or "FMCSA" − a separate administration

within the U. S. Department of Transportation dedicated to improving the safety

of commercial motor vehicles and saving lives.

"Revoke a Third-Party

Certifying Entity License" − the termination by formal action of the

Secretary of State of a Third-Party Certifying Entity License or a Third-Party

Certification Safety Officer License; the termination shall not be subject to

renewal or restoration.

"Safety Officer" – any

individual employed by a third-party certifying entity who is licensed by the

Department to administer the CDL skills tests specified in subparts G and H of

49 CFR 383 (October 1, 2018) to the entities' employees and members.  A safety

officer is equivalent to a Third Party Skills Test Examiner as defined in 49

CFR 383.5 (October 1, 2018)

ect to

renewal or restoration.

"Safety Officer" – any

individual employed by a third-party certifying entity who is licensed by the

Department to administer the CDL skills tests specified in subparts G and H of

49 CFR 383 (October 1, 2018) to the entities' employees and members.  A safety

officer is equivalent to a Third Party Skills Test Examiner as defined in 49

CFR 383.5 (October 1, 2018).

"Skills Tests" – Those

tests specified in subparts G and H of 49 CFR 383 (October 1, 2018).

"Suspend a Third-Party

Certifying Entity License" − the temporary withdrawal by formal

action of the Secretary of State of a Third-Party Certifying Entity License or

a Third-Party Certification Safety Officer License for a period specifically

designated by the Secretary.

"Third-Party Certification License"

− a license issued by the Secretary of State to a third-party certifying

entity that allows the entity to participate in the third-party certification

program.

"Third-Party Certification

Program" − a Secretary of State program that allows a third-party

entity to administer the CDL skills tests specified in subparts G and H of 49

CFR 383 (October 1, 2018) to its employees or members.

"Third-Party

Certifying Entity" or "Entity" – an entity licensed by the

Secretary of State to participate in the third-party certification program.  A

third-party certifying entity is equivalent to a third party tester as defined

in 49 CFR 383.5 (October 1, 2018)

ntity to administer the CDL skills tests specified in subparts G and H of 49

CFR 383 (October 1, 2018) to its employees or members.

"Third-Party

Certifying Entity" or "Entity" – an entity licensed by the

Secretary of State to participate in the third-party certification program.  A

third-party certifying entity is equivalent to a third party tester as defined

in 49 CFR 383.5 (October 1, 2018).

b)         The Department shall not require an actual demonstration of

the ability of the driver applicant to operate and exercise ordinary and

reasonable control of a motor vehicle when the driver applicant has

successfully completed the CDL skills tests administered by a safety officer of

a third-party certifying entity, if the entity complies with the following

requirements:

1)         License Required – No person, firm, association, partnership

or corporation shall operate a third-party certification program unless a

license has been issued by the Secretary of State. When an application is

submitted for an original third-party certification license or Safety Officer License,

the applicant or applicants shall not conduct any business as a third-party

certifying entity or safety officer until a license is issued by the Department

pursuant to the requirements of subsections (d) and (i).

2)         Certify Only Employees or Members – A third-party certifying

entity shall certify only those driver applicants who are employed by and on

the payroll of the entity at the time of certification.  Third-party entities

that are unions or fire departments shall certify only those driver applicants

who are members at the time of certification

the requirements of subsections (d) and (i).

2)         Certify Only Employees or Members – A third-party certifying

entity shall certify only those driver applicants who are employed by and on

the payroll of the entity at the time of certification.  Third-party entities

that are unions or fire departments shall certify only those driver applicants

who are members at the time of certification.

3)         A third-party certifying entity shall not enter into any agreement

with employees/members it certifies that provides for compensation,

reimbursement or any form of consideration, including but not limited to

monies, credits, services or payroll withholding, payable to the third-party

entity, in exchange for training and/or testing from the employee/member who is

certified.

4)         A third-party certifying entity shall not accept compensation,

reimbursement or any form of consideration, including but not limited to

monies, credits, services or payroll withholding, in exchange for training

and/or testing from any employee/member who is certified.

5)         A

third-party certifying entity shall not engage in or permit any type of

fraudulent activity, with reference to either any certified individual or the

Secretary of State.

6)         A third-party certifying entity must enter into a written

agreement with the Secretary of State that delineates the responsibilities and

requirements the entity must meet and adhere to.

c)         Licenses May Not Be Assigned.  No individual, partnership,

association or corporation may sell, assign, barter or trade a third-party

certification license or Safety Officer License issued by the Department.

d)         Requirements – Third-Party Certifying Entities

1)         The entity shall have at least one employee who is licensed as

a safety officer for the entity.  A Safety Officer License may only test and

certify employees or members in the classification indicated on the Safety

Officer License

or trade a third-party

certification license or Safety Officer License issued by the Department.

d)         Requirements – Third-Party Certifying Entities

1)         The entity shall have at least one employee who is licensed as

a safety officer for the entity.  A Safety Officer License may only test and

certify employees or members in the classification indicated on the Safety

Officer License.

2)         The entity shall have a regularly established place of

business in the State of Illinois, with the exception of entities having a

regular place of business in a contiguous state (Indiana, Missouri, Wisconsin,

Iowa and Kentucky).  Any entity having its headquarters in a contiguous state that

wishes to participate in the third-party certification program shall have an

appointed agent, for purposes of this program, who is licensed as a safety

officer and holds a valid Illinois driver's license or a CDL issued by a

contiguous state.

A)        The

established place of business of each entity must consist of at least the

following permanent facilities:

i)          an

office facility;

ii)         appropriate

space to conduct all basic control skills tests pursuant to Section 1030.85 as

follows:

●

For Class B and Class C

vehicles, an area of at least 15 feet wide by 100 feet long;

●

For Class A vehicles, areas

of 240 feet long by 12 feet wide to conduct straight-line backing, 180 feet

long by 24 feet wide to conduct offset backing, and 180 feet long by 12 feet

wide to conduct parallel parking. All skills tests do not need to be conducted

in one space/lot.

B)        An

entity that has an established place of business may operate a branch facility,

provided the branch facility meets all requirements of the main facility

pursuant to subsections (d)(2)(A) and (d)(2)(D)

0 feet

long by 24 feet wide to conduct offset backing, and 180 feet long by 12 feet

wide to conduct parallel parking. All skills tests do not need to be conducted

in one space/lot.

B)        An

entity that has an established place of business may operate a branch facility,

provided the branch facility meets all requirements of the main facility

pursuant to subsections (d)(2)(A) and (d)(2)(D).

C)        Upon

receipt by the Secretary of State of a written request to open a branch

facility, an authorized representative of the Secretary of State shall inspect

the branch facility and, if the facility meets the provisions of this Section,

shall issue the appropriate license that must be displayed in a visibly

prominent place in the branch facility.

D)        Each

location must comply with public health and safety standards contained in the

Public Building Egress Act [415 ILCS 55], the Natural Gas Odor Injection Act

[430 ILCS 25], and the Environmental Barriers Act [410 ILCS 25].

3)         The entity shall submit to the Department a copy of any

subcontract of services described in this Part.

4)         The entity shall have a prescribed physical driving course for

each location and be required to meet a driving skills test with the same

minimum standards as the course used for testing by the Department pursuant to

Section 1030.85.

5)         The entity shall have access to a properly registered motor

vehicle of the representative classification that the employee/member operates

or expects to operate.

6)         The entity shall provide the employee/member who takes and

passes the skills tests with a fully completed Certification of Drive Test By

Third Party Certifying Entity that certifies the individual has successfully

passed the skills tests administered by the safety officer of the third-party

certifying entity.

7)         The entity shall collectively submit completed application

forms to the Department for each main office, branch office and safety officer

es the skills tests with a fully completed Certification of Drive Test By

Third Party Certifying Entity that certifies the individual has successfully

passed the skills tests administered by the safety officer of the third-party

certifying entity.

7)         The entity shall collectively submit completed application

forms to the Department for each main office, branch office and safety officer.

8)         The entity shall have and use a business telephone listing for

all business purposes.

9)         If a licensed safety officer is temporarily suspended,

laid-off or discharged by a third-party certifying entity, the entity shall

immediately notify the Department, on forms furnished by the Department, of the

name, address and license number of the safety officer, the officer's

termination date and reason for termination.  In all cases in which a safety

officer has ceased working for the third-party certifying entity, the safety

officer must surrender the third-party Safety Officer License to the Department.

10)         Records – All entities licensed by the Secretary of State must

maintain the following records for a period of four years, at the licensed

location where the testing took place:

A)        The name and address of each employee/member certified by the

entity, the instruction permit or driver's license number of every employee/member,

the results of the final skills test, including endorsements, given to each

employee/member, the name of the safety officer who administered the skills

test, and the license plate number of the vehicle used in the test.

B)        Proof of eligibility for certification of each employee/member

certified.

C)        Proof of proper training for each CDL certified employee/member,

who did not hold a valid CDL at the time of testing or has never held a valid

CDL, including dates of training and the names of all trainers that provided

training, shown on the form provided by the Department or an equivalent form

approved by the Department

gibility for certification of each employee/member

certified.

C)        Proof of proper training for each CDL certified employee/member,

who did not hold a valid CDL at the time of testing or has never held a valid

CDL, including dates of training and the names of all trainers that provided

training, shown on the form provided by the Department or an equivalent form

approved by the Department.

D)        Documentation, including dates of training and the names of the

trainers, of any training provided to each CDL certified employee/member who held

a valid CDL at the time of testing or has ever held a CDL.

E)        Failure to maintain the required records, and/or the

maintenance of incomplete records, shall be prima facie evidence that the

required testing was not administered.

11)         Auditing – CDL Skills Test

A)        Entities shall allow the Department and FMCSA or its

representatives to conduct random examinations, inspections and audits without

prior notice pursuant to 49 CFR 383.75 and 384.229 (October 1, 2018), including

audits of employment records of individuals certified by the third-party

certification entity and any and all agreements or contracts governing the

employer/employee relationship or entity/member relationship as it pertains to

training or testing.

B)        The Department shall conduct on-site inspections at least biennially,

but is authorized to conduct inspections more frequently.

C)        Entities shall allow Department employees to co-score, along

with the safety officer, during skills tests administered to the entity's

employees or members to compare pass/fail results

tity/member relationship as it pertains to

training or testing.

B)        The Department shall conduct on-site inspections at least biennially,

but is authorized to conduct inspections more frequently.

C)        Entities shall allow Department employees to co-score, along

with the safety officer, during skills tests administered to the entity's

employees or members to compare pass/fail results.

D)        At

least once every 2 years, the Department shall either:

i)          Have

Department employees covertly take the skills test administered by the entity's

safety officer as if the Department employee were a test applicant;

ii)         Have

Department employees co-score along with each third-party examiner during CDL

skills tests to compare pass/fail results; or

iii)        Retest

a sample of drivers who were examined by the entity to compare pass/fail

results. The Department may reexamine any individual who was tested and

certified by a third-party entity. If the results of the random examination

reflect a failure rate greater than the Department's current acceptable failure

rate of 20 percent, the Department shall notify the entity in writing of the

need to retrain the failed applicants. The retraining must be completed within

30 days after the random examination. The Department shall administer the

skills tests for the retrained applicants. The Department's Commercial Driving

Training School Section will determine the location and time of the retesting.

12)         Entities shall display in a prominent place at the

established place of business the following:

A)        The license issued by the Department to the entity; and

B)        The Safety Officer Licenses of all safety officers employed by

the entity.

13)         Prior to administering the skills tests, the entity must

provide training on the CDL skills tests as specified in Section 1030.85 to

each employee/member who does not currently hold, or has never held, a valid

CDL

ness the following:

A)        The license issued by the Department to the entity; and

B)        The Safety Officer Licenses of all safety officers employed by

the entity.

13)         Prior to administering the skills tests, the entity must

provide training on the CDL skills tests as specified in Section 1030.85 to

each employee/member who does not currently hold, or has never held, a valid

CDL.  The training shall be given in equally scheduled intervals over a period

of at least 14 days.

14)         The entity must provide the Department with the names of all employees

or members it tested and certified from a non-CDL classification to a CDL

classification whose employment/membership terminated within six months after

the date of certification.

A)        The Department shall cite these individuals to be retested by

the Secretary of State in a properly classified vehicle.  If the individual

passes the skills test, the individual may maintain the driver's license

classification originally certified by the entity.  If the individual fails any

part of the skills test, the individual shall be downgraded to the non-CDL

classification held prior to being certified.

B)        The Department shall provide each entity with a Verification of

Continual Employment form to assist the entity in determining the names of the employees

or members who have terminated their employment/membership within six months

after being certified.

15)         The entity may not have a current unsatisfactory safety rating

from FMCSA as defined in 49 CFR 385.3 (October 1, 2018).

16)         The

entity must submit a schedule of CDL skills tests appointments, in a manner

prescribed by the Department, including but not limited to dates, times and

locations of testing, to the Department, no later than two business days prior

to each test

ed.

15)         The entity may not have a current unsatisfactory safety rating

from FMCSA as defined in 49 CFR 385.3 (October 1, 2018).

16)         The

entity must submit a schedule of CDL skills tests appointments, in a manner

prescribed by the Department, including but not limited to dates, times and

locations of testing, to the Department, no later than two business days prior

to each test.

17)         Unless the entity is a governmental agency, the entity must

secure and maintain a continuous surety bond in the Principal sum of $10,000,

underwritten by a company authorized to do business in the State of Illinois,

which represents a sufficient amount to pay for re-testing drivers in the event

that the entity or one or more of its safety officers is involved in fraudulent

activities related to the skills testing of its employees or members.  However,

the aggregate liability of the surety for all breaches of the condition of the

bond in no event shall exceed the Principal sum of $10,000. The surety on any

bond may cancel the bond on giving 30 days' notice in writing to the Secretary

of State and shall be relieved of liability for any breach of any conditions of

the bond that occurs after the effective date of cancellation. All bonds filed

pursuant to this provision shall be in substantially the following form:

Know All Persons by These

Presents, That We,

, of

,

hereinafter referred to as

Principal and

, a

corporation organized and

existing to do business in the State of Illinois, for the use and benefit of

all persons who may be damaged by breach of this bond, as Obligees, in the

penal sum of $10,000, lawful money of the United States of America, for the

payment of which sum, well and truly to be made, we bind ourselves, our

executors, administrators, successors and assigns, firmly by these presents

ation organized and

existing to do business in the State of Illinois, for the use and benefit of

all persons who may be damaged by breach of this bond, as Obligees, in the

penal sum of $10,000, lawful money of the United States of America, for the

payment of which sum, well and truly to be made, we bind ourselves, our

executors, administrators, successors and assigns, firmly by these presents.

The condition of this obligation is such that the Principal has made

application to the Illinois Secretary of State for licensure as a third-party

certifying entity for the purpose of administering CDL skills tests to

employees or members of the Principal.  Therefore, if the Principal

faithfully complies with the Illinois Vehicle Code and all State and federal

rules and regulations that have been or may hereafter be in force concerning

the license, and shall save and keep harmless the Illinois Secretary of

State, the Obligee, from all loss or damage that may be sustained as a result

of re-testing drivers in the event that the Principal or one or more of its

safety officers is involved in fraudulent activities related to conducting

skills testing of applicants for a commercial driver's license

this obligation shall be void;

otherwise, this obligation shall remain in full force and effect.  The bond

will expire but may be continued by renewal certificate signed by Principal

and Surety.  Regardless of the number of years this bond is in effect, the

number of third-party certifying entity license renewals, the number of

premiums paid or the number of claims made, the Surety's aggregate liability

shall not be more than the penal sum of this bond. The Surety may at any time

terminate its liability by giving 30 days' written notice to the SOS Commercial

Driver Training School Section of the Driver Services Department, 1800 W.

Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be

liable for any default after that 30-day notice period, except for defaults

occurring prior thereto

be more than the penal sum of this bond. The Surety may at any time

terminate its liability by giving 30 days' written notice to the SOS Commercial

Driver Training School Section of the Driver Services Department, 1800 W.

Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be

liable for any default after that 30-day notice period, except for defaults

occurring prior thereto.

Signed, Sealed and Dated this

day of

, 20

Principal

Surety

By

Attorney-in-fact

18)         Within three days after an employee or member passes the CDL

skills tests administered by the entity, the entity shall transmit the score

sheet to the Department through secure electronic means prescribed by the

Department.

e)         Skills Tests

1)         Any CDL or school bus skills tests administered by an entity must

be conducted by a safety officer as specified in 49 CFR 383.75 (October 1, 2018).

A safety officer licensed to administer skills tests is prohibited from

administering a skills test to an individual who received skills training from

that safety officer.

2)         Driving Skills – The entity shall have a prescribed physical

driving course for each location and is required to administer a skills test

with the same minimum standards used by the Department as provided in Section

1030.85.

3)         Pre-Trip Inspection – When applicable, the entity shall test

and the employee/member shall demonstrate skills necessary to conduct a

pre-trip inspection, which include the ability to:

A)        locate and verbally identify air brake operating controls and

monitoring devices;

B)        determine the motor vehicle's brake system condition for proper

adjustments and that the air system connections between vehicles have been

properly made and secured;

C)        inspect low pressure warning devices to ensure they will

activate in emergency situations;

D)        ascertain, with the engine running, that the system contains an

adequate supply of compressed air;

E)        determine that the required minimum air

brake system condition for proper

adjustments and that the air system connections between vehicles have been

properly made and secured;

C)        inspect low pressure warning devices to ensure they will

activate in emergency situations;

D)        ascertain, with the engine running, that the system contains an

adequate supply of compressed air;

E)        determine that the required minimum air pressure build up at

the time is within acceptable limits and that required alarms and emergency devices

automatically deactivate at the proper pressure level; and

F)         operationally check the brake system for proper performance.

4)         Restrictions and/or Endorsements − Entities – conducting

skills tests for restrictions, passenger endorsements and/or school bus

endorsements must administer a skills test with the same minimum standards as a

test administered by the Department as provided in Section 1030.92.

5)         Entities conducting road tests for motorcycle and non-CDL A, B

or C classifications are not bound by subsections (e)(1) through (4), but

instead must administer a road test prescribed by the Department as provided in

Section 1030.85.

A)        Motorcycle skills tests must include at least the following:

i)          basic vehicle control skills;

ii)         safe driving skills;

iii)        visual search;

iv)        speed and space management; and

v)         mounting and dismounting.

B)        Non-CDL A, B or C classification road tests must include at least

the following:

i)          basic vehicle operation;

ii)         safe driving skills;

iii)        speed and attention;

iv)        lane and right of way observance;

v)         obeying traffic control devices; and

vi)        use of special equipment

speed and space management; and

v)         mounting and dismounting.

B)        Non-CDL A, B or C classification road tests must include at least

the following:

i)          basic vehicle operation;

ii)         safe driving skills;

iii)        speed and attention;

iv)        lane and right of way observance;

v)         obeying traffic control devices; and

vi)        use of special equipment.

6)         Require Instruction Permit – Before an employee/member may be

skills tested and certified by an entity, the employee/member must obtain an

instruction permit from employee/member's state of residence for the specific

vehicle classification in which the employee/member intends to be licensed.

The employee/member must hold a valid instruction permit for a period of at

least two weeks prior to being skills tested and certified by an entity, if not

currently licensed in the classification representative of the vehicle the employee/member

intends to drive.

f)         Issuance of Third-Party Certifying Entity Licenses

1)         The Department shall issue a license to conduct business as a

third-party certification program when it is satisfied the entity applying for

a third-party certification license has met the requirements.

2)         All licenses issued to any third-party certifying entity shall

remain valid unless canceled, suspended or revoked.  The Department shall send

affidavits to, and conduct audits of, each licensee annually to determine that

the licensee remains in compliance with the requirements.

g)         Denial, Cancellation, Suspension and Revocation of Third-Party

Certifying Entity Licenses

1)         The Secretary of State shall deny an application for a

third-party certifying entity license:

A)        to any entity that submits a fraudulent application.

B)        to any entity that currently employs individuals currently

employed by the Secretary of State.

C)        to any entity that owes outstanding fees to the Secretary of

State

tion of Third-Party

Certifying Entity Licenses

1)         The Secretary of State shall deny an application for a

third-party certifying entity license:

A)        to any entity that submits a fraudulent application.

B)        to any entity that currently employs individuals currently

employed by the Secretary of State.

C)        to any entity that owes outstanding fees to the Secretary of

State.

D)        to any third-party certifying entity that lacks a safety

officer.

E)        when an entity's physical location:

i)          fails to comply with public health and safety standards

contained in the Public Building Egress Act, the Natural Gas Odor Injection

Act, and/or the Environmental Barriers Act.

ii)         fails to have a telephone that is registered to the entity.

F)         to any entity with a current unsatisfactory rating from FMCSA.

G)        to any commercial driver training school.

H)        to any entity that enters into any agreement with

employees/members it certifies that provides for compensation or any form of

consideration, including but not limited to monies, credits, services or

payroll withholding, in exchange for training and/or testing from the certified

employee/member.

I)         to any entity that accepts compensation or any form of

consideration, including but not limited to monies, credits, services or

payroll withholding, in exchange for training and/or testing from any certified

employee/member who is certified.

J)         to any entity that

fails to maintain a continuous surety bond.

2)         The Department may cancel a third-party certifying entity

license for failing to correct, after five business days, any of the following

violations:

A)        the entity employs individuals currently employed by the

Secretary of State.

B)        the entity owes outstanding fees to the Secretary of State.

C)        the entity lacks a safety officer

o maintain a continuous surety bond.

2)         The Department may cancel a third-party certifying entity

license for failing to correct, after five business days, any of the following

violations:

A)        the entity employs individuals currently employed by the

Secretary of State.

B)        the entity owes outstanding fees to the Secretary of State.

C)        the entity lacks a safety officer.

D)        the entity fails to meet location standards by:

i)          failing to comply with public health and safety standards

contained in the Public Building Egress Act, the Natural Gas Odor Injection

Act, and the Environmental Barriers Act.

ii)         failing to have a telephone that registers to the third-party

certification entity.

E)        the entity currently has an unsatisfactory rating from FMCSA.

F)         the entity is a commercial driver training school.

G)        the

entity fails to maintain a continuous surety bond.

3)         The Department may suspend for up to one year or revoke an

entity's license for any violation of this Section, depending on the

seriousness of the violation, whether the violation has been corrected, and how

long the violation was unremediated.

h)         Issuance of Safety Officer License

1)         The Department shall issue a license to each safety officer

when satisfied that the person has met the qualifications required under this

Section.  Each Safety Officer License shall authorize the licensee to administer

tests solely for the employer indicated on the license, except when the safety

officer is employed by an entity providing contractual services to the

third-party certification entity.

2)         An individual may be issued two safety officer licenses in the

following combinations:

A)        as a safety officer for two governmental agencies; or

B)        as a safety officer for a private entity and a governmental

agency.

3)         All licenses issued to any safety officer shall remain valid

unless canceled, suspended or revoked

vices to the

third-party certification entity.

2)         An individual may be issued two safety officer licenses in the

following combinations:

A)        as a safety officer for two governmental agencies; or

B)        as a safety officer for a private entity and a governmental

agency.

3)         All licenses issued to any safety officer shall remain valid

unless canceled, suspended or revoked.

i)          Safety Officer

1)         Requirements

A)        A safety officer may only test and certify employees or members

in the class that is indicated on the officer's Safety Officer License.

B)        A safety officer who applies to administer skills tests to

individuals for CDLs must complete a CDL skills test examiner training course

and examination in accordance with 49 CFR 384.228(d) and (e) (October 1, 2014)

and submit to a nationwide criminal background check in accordance with 49 CFR

384.228 (October 1, 2014).  Fingerprints shall be submitted to the Illinois

State Police in accordance with 20 Ill. Adm. Code 1265.30.

C)        A safety officer must conduct skills testing in accordance with

subsection (e).

D)        A safety officer shall not engage in or permit any type of

fraudulent activity, either with reference to any certified employee or member

or the Secretary of State.

E)        A safety officer must maintain records in accordance with

subsection (d)(10).

F)         If a

safety officer does not administer at least 10 separate skills tests per calendar

year, the entity shall allow a Department employee to accompany the safety

officer to observe the safety officer successfully administer at least one

skills test or the safety officer may take the refresher training specified in

49 CFR 384.228, including, but not limited to, overviews of the third-party

certification process, how to submit test results electronically, testing

protocols/procedures, the score sheet, scoring standards, and required

recordkeeping

afety

officer to observe the safety officer successfully administer at least one

skills test or the safety officer may take the refresher training specified in

49 CFR 384.228, including, but not limited to, overviews of the third-party

certification process, how to submit test results electronically, testing

protocols/procedures, the score sheet, scoring standards, and required

recordkeeping.

G)        If a safety officer licensed to administer CDL skills tests to

employees or members must successfully complete a refresher training course and

written examination every four years to maintain the CDL Safety Officer License.

2)         Denial of License.  The Department shall deny a safety

officer's license upon evidence the individual:

A)        has been convicted of driving under the influence of alcohol

and/or other drugs (see IVC Section 11-501)

, leaving

the scene of a fatal accident (see IVC Section 11-401), reckless homicide (see

Section 9-3 of the Criminal Code of 2012 [720 ILCS 5/9-3]), reckless driving (see

IVC Section 11-503), or similar out-of-state offenses within 10 years prior to

the date of application; or has been convicted two or more times of any of

these offenses or combination of these offenses within 20 years prior to the

date of application.

B)        fails to properly make application for the license.

C)        is not employed by a third-party certifying entity.

D)        is currently a salaried employee of the Secretary of State.

E)        is not at least 21 years of age.

F)         submits a fraudulent application.

G)        owes outstanding fees to the Secretary of State.

H)        holds a driver's license that is currently canceled, suspended

or revoked.

I)         holds a driver's license that was suspended or revoked within

a period of five years prior to the date of application.  However, suspensions

related to auto emissions, failure to pay child support and unpaid parking tickets

will not be considered

owes outstanding fees to the Secretary of State.

H)        holds a driver's license that is currently canceled, suspended

or revoked.

I)         holds a driver's license that was suspended or revoked within

a period of five years prior to the date of application.  However, suspensions

related to auto emissions, failure to pay child support and unpaid parking tickets

will not be considered.

J)         has not held, for at least two years immediately preceding

application, a valid Illinois driver's license or a driver's license from a

contiguous state in the classification and/or endorsement in which the individual

intends to administer skills tests.

K)        does not meet the training, testing and background check requirements

of subsection (i)(1)(B).

L)        is an owner or instructor of a commercial driver training

school.

M)       has been suspended pursuant to IVC Section 11-501.1, 11-501.6 or

11-501.8 within the 10 years prior to the date of application, or has had two

or more suspensions pursuant to IVC Section 11-501.1, 11-501.6 or 11-501.8, or

combination thereof, within the 20 years prior to the date of application.

N)        violated

any subsection of this Section.

O)        has

any felony conviction within the last 10 years (applies only to persons

applying to administer CDL skills tests).

P)         has

any conviction involving fraudulent activities (applies only to persons

applying to administer CDL skills tests).

3)         The Department shall immediately cancel a safety officer's

license upon evidence that the individual:

A)        holds a driver's license that is currently canceled, suspended

or revoked.

B)        has not held, for at least two years immediately preceding

application, a valid license in the classification and/or endorsement in which the

individual intends to test.

C)        administers CDL skills tests to employees/members, but has not completed

the training and testing specified in subsection (i)(1)(B)

holds a driver's license that is currently canceled, suspended

or revoked.

B)        has not held, for at least two years immediately preceding

application, a valid license in the classification and/or endorsement in which the

individual intends to test.

C)        administers CDL skills tests to employees/members, but has not completed

the training and testing specified in subsection (i)(1)(B).

D)        is no longer employed by the third-party certification entity

or no longer has a valid license.

E)        is currently a salaried employee of the Secretary of State.

F)         owes outstanding fees to the Secretary of State.

G)        is an owner or instructor of a commercial driver training

school.

H)        has a

felony conviction within the last 10 years (applies only to persons

administering CDL skills tests).

I)         has

any conviction involving fraudulent activities (applies only to persons

administering CDL skills tests).

J)         fails to successfully complete a refresher training course and

examination every four years (applies only to persons administering CDL skills

tests).

4)         The Department may suspend for up to one year or revoke a

safety officer's license for any violation of this Section, depending on the

seriousness of the violation, whether the violation has been corrected, and how

long the violation was unremediated.

5)         The Department shall have the discretionary authority to issue

warning letters to third-party certifying entities or safety officers for

violations of this Section.

j)          Hearings

1)         Prior to the denial of a third-party certifying entity and/or

safety officer's license, the Department shall send written notice to the

entity and/or person. The third-party entity and/or safety officer may request

a formal hearing to contest the denial.  The basis for denial of a license is

stated in subsections (g)(1) through (3) and (i)(2)(A) through (O)

ion.

j)          Hearings

1)         Prior to the denial of a third-party certifying entity and/or

safety officer's license, the Department shall send written notice to the

entity and/or person. The third-party entity and/or safety officer may request

a formal hearing to contest the denial.  The basis for denial of a license is

stated in subsections (g)(1) through (3) and (i)(2)(A) through (O).

2)         Prior to the suspension or revocation of the license or

accreditation of a third-party certifying entity or safety officer, the

Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001,

Subpart A and IVC Section 2-118, in which the Department will present competent

evidence to establish violations of any regulations or laws governing

third-party entities and/or safety officers and seek the appropriate sanctions.

k)         Review

Under Administrative Law.  Judicial Review − The action of the Secretary

of State in canceling, suspending, revoking or denying any license under this

Act shall be subject to judicial review in accordance with IVC Section 2-118

and the provisions of the Administrative Review Law [735 ILCS 5/Art. III].