# 92 Ill. Adm. Code 10300.1030.60: Section 1030.60 Third-Party Certification Program

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P10300_S1030_60

## Section

- **Citation:** 92 Ill. Adm. Code 10300.1030.60
- **Heading:** Section 1030.60 Third-Party Certification Program
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92  /  / Part 10300  / Section 1030.60 Third-Party Certification Program

## Text

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].

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P10300_S1030_60. Check the current official text before relying on it. Not legal advice.