Section 1066.20 Requirements for Online Only Adult Education Course Providers

Section 1066.20  Requirements for Online Only Adult

Education Course Providers

a)         The

Secretary of State shall not issue, or shall deny, cancel, suspend, or revoke,

an online only adult education course provider certification:

1)         Unless

the applicant/provider is of good moral character. In making a determination of

good moral character, the Department is not limited to, but may consider, the

following:

A)        Whether

the applicant/provider has been convicted of a felony or a misdemeanor.  The

Department shall consider:

i)          The

relationship of any crime of which the applicant/provider has been convicted to

the ability to operate an

online only adult driver education

course

;

ii)         The

length of time that has elapsed since the applicant's/provider's last criminal

conviction;

iii)        Whether

the applicant/provider successfully completed any sentence imposed with the

convictions;

iv)        Whether

the applicant/provider has multiple convictions for felony or misdemeanor

offenses.

B)        If the

person has been indicted, formally charged, or otherwise charged with a felony

or a misdemeanor, the certification shall be either denied or cancelled.

i)          If

the person whose certification has been denied or cancelled under this Part is

adjudicated "guilty" by the court, the denial or cancellation

previously entered on his/her record in accordance with this Section shall

stand.  This action does not preclude further suspension and/or revocation of

the certification under another Section of this Part or the IVC.

ii)         If

the person whose certification has been denied or cancelled under this Part is

adjudicated "not guilty" by the court, the denial or cancellation

previously entered on his/her record in accordance with this Section shall be

rescinded.  This action does not preclude further suspension and/or revocation

of the certification under another Section of this Part or the IVC

or the IVC.

ii)         If

the person whose certification has been denied or cancelled under this Part is

adjudicated "not guilty" by the court, the denial or cancellation

previously entered on his/her record in accordance with this Section shall be

rescinded.  This action does not preclude further suspension and/or revocation

of the certification under another Section of this Part or the IVC.

iii)        If

the person whose certification has been denied or cancelled under this Part is

granted a disposition of "court supervision" by the court, the denial

or cancellation previously entered on his/her record in accordance this with

this Section shall be rescinded.  This action does not preclude further

suspension and/or revocation of the certification under another Section of this

Part or the IVC.

2)         To

any owner or employee who, during the course of interaction with students:

A)        Engaged

in activity that puts the student in danger; or

B)        Engaged

in reckless behavior; or

C)        Failed

to maintain a professional relationship with students at all times.

3)         Unless

the applicant/provider files and maintains with the Department a continuous

surety bond in the principal sum of $50,000, underwritten by a company

authorized to do business in the State of Illinois, for the protection of the

contractual rights of students. 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 $50,000. 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

tudents. 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 $50,000. 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 $50,000, 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 certification for the purpose of

exercising the vocation of an online only adult education course provider.  If

the Principal faithfully complies with the Illinois Vehicle Code and all

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

the license or permit, and shall save and keep harmless the Obligees from all

loss or damage that may be sustained as a result of the issuance of the

license or permit to the Principal, 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.  The

Surety may at any time terminate its liability by giving 30 days written

notice to the Commercial Driver Training Section of the Department, 1800 W

ance of the

license or permit to the Principal, 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.  The

Surety may at any time terminate its liability by giving 30 days written

notice to the Commercial Driver Training Section of the 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

4)         Unless

the Secretary is satisfied that the applicant/provider has established adequate

procedures for verifying the identity of the student taking the course and

ensuring that the student completes the course in its entirety.

5)         Unless

the applicant submits a copy of its course content, conforming with Section

1066.45, to the Department for review and approval, including the questions and

answers on the quizzes and final examination.

6)         If a

provider fails to immediately report to the Department any unauthorized access

to consumer information, including computer breaches, or fails to comply with

the Illinois Personal Information Protection Act [815 ILCS 530/5].

7)         If

the applicant/provider is an Illinois corporation, unless the corporation is in

good standing with the Illinois Secretary of State, Department of Business

Services.

8)         If

the applicant/provider is a foreign corporation, unless the corporation is

authorized to transact business in Illinois, as evidenced by submission of an

Application for Authority to Transact Business in Illinois and acceptance of

the same by the Illinois Secretary of State, Department of Business Services

ing with the Illinois Secretary of State, Department of Business

Services.

8)         If

the applicant/provider is a foreign corporation, unless the corporation is

authorized to transact business in Illinois, as evidenced by submission of an

Application for Authority to Transact Business in Illinois and acceptance of

the same by the Illinois Secretary of State, Department of Business Services.

9)         If

the applicant/provider is a foreign limited liability company, unless the

limited liability company is authorized to transact business in Illinois, as

evidenced by submission of an Application for Admission to Transact Business

and acceptance of that application by the Illinois Secretary of State,

Department of Business Services.

10)         If

the owner or any employee of the applicant/provider is a current salaried or

contractual employee of the Secretary of State.

11)         If

an applicant/provider, owner, or manager engages in fraudulent activity as

defined in Section 1066.5.

12)         If

an applicant, owner, or employee has been declared to have engaged in

fraudulent activity within the 5 years prior to making application for

certification.

13)         If

an applicant/provider or owner owes outstanding fees to the Secretary of State.

14)         If

an applicant/provider sells or discloses any consumer information or fails to

post a statement indicating consumer information will not be sold or disclosed

on its website.

15)         If

an applicant/provider requests the social security number of students.

16)         If

a provider fails to immediately report to the Department any unauthorized

access to consumer information, including computer breaches.

17)         Unless

the provider/applicant maintains a staffed customer service telephone number or

live agent online support local Illinois time between 9:00 a.m. and 9:00 p.m.

CST Monday through Friday and between 9:00 a.m. and 7:00 p.m

udents.

16)         If

a provider fails to immediately report to the Department any unauthorized

access to consumer information, including computer breaches.

17)         Unless

the provider/applicant maintains a staffed customer service telephone number or

live agent online support local Illinois time between 9:00 a.m. and 9:00 p.m.

CST Monday through Friday and between 9:00 a.m. and 7:00 p.m. Saturday and also

maintains an email address or voice mail or answering service 24 hours a day, 7

days a week.  All inquiries must be resolved within 48 hours after first

contact.

18)         Unless

the provider/applicant provides the Department with a detailed description of

each position involved in every facet of the adult driver education course,

with contact information for each employee.  The provider must report any

staffing changes to the Department within 72 hours after the change.

19)         If

the provider uses voice recognition as a method of verification, unless the

provider furnishes a toll-free number for the purposes of providing the

required voice exemplars.

b)       Only

one provider certification shall be issued to any individual, group,

association, partnership or corporation, and the Department shall deny an

application for certification as a provider if any of the applicants are

unqualified, are already certified or have made application as another

provider.

c)       Upon

receipt of a properly executed application for certification, the Department

shall investigate the qualifications of the applicant to determine whether the

application should be granted or denied.

d)         Certifications may only

be issued by the Department.

e)         An

entity whose certification has been denied, cancelled, suspended, or revoked

pursuant to this Part may request an administrative hearing pursuant to 92 Ill.

Adm. Code 1001.

f)         All

monies required to be remitted by a provider to the Department must be

submitted in United States currency.