Section 1030.60  Third-Party Certification Program

 

a)         The Secretary of State shall adopt the following definitions for the terms listed as follows:

 

            "Branch Facility" – a separate instructional facility operated and directly supervised by a third-party certifying entity at a location different from the principal location of the third-party certifying entity.

 

            "Business Day" – any day on which the Office of the Secretary of State is open; Monday through Saturday, excluding State holidays.

 

            "CDL Skills Test" – test given to an applicant who is attempting to obtain a Commercial Driver's License (CDL).

 

            "Commercial Driver's License" or "CDL" – a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383 (2003), to an individual that authorizes the individual to operate a  class of a commercial motor vehicle.

 

            "Department" – Department of Driver Services within the Office of the Secretary of State.

 

            "Driver Applicant" – an individual employed by a member of a third-party certifying entity, who participates in the third-party certification program.

 

            "Fraud" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.

 

            "Motor Vehicle" – Every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.

 

            "Non-CDL Skills Test" – any drive test given to an applicant who is attempting to obtain a driver's license except for a D classification, a CDL or a CDL endorsement.

 

            "Passenger Endorsement" – an indication on the driver's license that the driver has qualified to operate a vehicle designed to transport 16 or more persons, including the driver.

 

            "Restriction" – requirement or condition added to a driver's license which must first be met by the license holder before he/she may legally operate a motor vehicle.

 

            "Safety Officer" – any individual employed by a third-party certifying entity who is licensed for the purpose of conducting the skills test to determine for certification purposes that a driver applicant has been tested and meets the same qualifications required by the Secretary of State.

 

            "Secretary of State" – Illinois Secretary of State.

 

            "Third-Party Certification License" – a license issued by the Secretary of State to conduct a qualified third-party certification program, pursuant to Section 6-508 of the Illinois Driver Licensing Law of the Illinois Vehicle Code  [625 ILCS 5/6-508].

 

            "Third-Party Certification Program" – a program designed by the Secretary of State allowing third-party entities to provide to employees or by membership in a qualified training program of classroom and/or behind-the-wheel testing for the purpose of certifying to the Secretary of State that a driver applicant is qualified to operate a motor vehicle without the Secretary of State having to administer a road test pursuant to Section 6-508 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-508].

 

            "Third-Party Certifying Entity" – any third-party entity licensed by the Secretary of State to engage in a third-party certification program.

 

           

b)         The Secretary of State 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 for purposes of third-party certification programs, if the third-party certifying 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.

 

2)         Certify Only Employees or Members – A third-party certifying entity shall certify only those driver applicants who are employed 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 certification entity shall not enter into any agreement with employees/members they certify 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 that is certified.

 

4)         A third-party certification 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 that is certified.

 

c)         Issuance and Renewal of Licenses

 

1)         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 Secretary of State pursuant to the requirements contained in subsections (d) and (i) of this Section.

 

2)         When an application is made for the renewal of an existing third-party certification license or a safety officer license, the applicant shall have the authority to continue to conduct business as a third-party certifying entity or a safety officer until the renewal application is granted or denied by the Department, provided the application has been filed in a timely manner as provided in subsection (f)(4) of this Section.  The application for the license shall be made in the same manner as an application for an original third-party certification license or safety officer license.

 

3)         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 Secretary of State.

 

4)         The Secretary may allow entities, otherwise ineligible to be licensed as a third-party certifying entity, to conduct a third-party certification program on a trial basis, not to exceed 1 year.  At the close of the trial period, the Secretary will determine whether the entities participating in the pilot program shall be granted third-party certification entity status under this Section.

 

d)         Requirements – Third-Party Certification Entities

 

1)         The entity shall have at least 1 employee who is licensed or qualified to be licensed as a safety officer for the third-party certification program.  A safety officer may only test and certify individuals in the class that is indicated on his or her safety officer license.

 

2)         The entity shall have a regularly established place of business in the State of Illinois and operate or have access to appropriate vehicles, with the exception of employers having a regular place of business in a contiguous state, e.g., Indiana, Missouri, Wisconsin, Iowa and Kentucky.  Any entity having its headquarters in a border state and wishing 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.

 

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 examination by the Secretary of State (92 Ill. Adm. Code 1030.85).

 

5)         The entity shall have access to a properly registered motor vehicle which meets the definition of the vehicle group of the classification that the driver applicant operates or expects to operate.

 

6)         The entity shall provide the driver applicant, who takes and passes the skills tests, with documented proof (Secretary of State's driver test form) of the same, which shall evidence to the Department that the individual has successfully passed the skills tests administered by 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 Secretary of State, on forms furnished by the Secretary of State, of the name, address and license number of the safety officer, such officer's termination date and reason for termination.  In all cases where a safety officer has ceased working for the third-party certifying entity, the safety officer must surrender his/her license to the Secretary of State.

 

10)         Facility

 

A)        The established place of business of each third-party certifying entity must consist of at least the following permanent facilities:

 

i)          an office facility;

 

ii)         appropriate space (an area at least 15 feet wide by 100 feet long) to conduct all basic control skills tests (92 Ill. Adm. Code 1030.85).

 

B)        A third-party certifying entity which 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)(10)(A) and (d)(10)(D) of this Section.

 

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 it complies with the provisions of this Section, shall issue the appropriate license which must be displayed in a visibly prominent place in the branch facility.

 

D)        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].

 

11)         Records – All third-party certifying entities licensed by the Secretary of State must maintain a record showing the name and address of each driver certified by the entity, the instruction permit or driver's license number of every driver certified, and the results of the final skills test, including endorsements, given to each driver applicant, the name of the safety officer who administered the skills test and the license plate number of the vehicle used to conduct the test.

 

A)        All records must be maintained for a period of 4 years.

 

B)        Proof of eligibility for certification and final skills tests results for each driver applicant must be kept at the location where the road test was given.

 

C)        Maintain proof of training course completion for each individual CDL certified who does not hold a valid CDL at the time of testing on the form provided by the Secretary of State, or an equivalent form approved by the Secretary of State.

 

12)         Auditing – CDL Driving Skills Test

 

A)        All third-party certifying entities must allow the Secretary of State and Federal Highway Administration or its representatives to conduct random examinations, inspections and audits without prior notice pursuant to 49 CFR 385.85, 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 as it pertains to training or testing.

 

B)        All third-party certifying entities must allow the Secretary of State to conduct on-site inspections at least annually.

 

C)        The Secretary of State or his designee shall annually re-examine a sample percentage of the certified driver applicants to compare pass/fail results and determine the percentage of certified driver applicants employed by the third-party certifying entity.

 

i)          If the results of the random examination reflect a failure rate greater than the current Secretary of State's acceptable failure rate of 20 percent, the third-party entity will be notified in writing of the need to retrain the failed applicants.

 

ii)         The retraining must be completed within 30 days, at which time the trainee must be referred to the Secretary of State to be skills tested.

 

iii)         The Commercial Driver Training School section will determine the location and time of the Secretary of State retests.

 

D)        The Secretary of State may re-examine any individual who was tested and certified by a third-party certification entity.

 

13)         Display of Licenses – Each third-party certifying entity shall display in a prominent place at the established place of business the following:

 

A)        The State license issued to the third-party certifying entity; and

 

B)        Safety officer licenses of all safety officers employed by the third-party certifying entity.

 

14)         Provide a minimum 2 week training course to each individual who is CDL certified pursuant to the recommendations of the Highway Safety 2000 Advisory Task Force and who does not hold a valid CDL at the time of testing that meets the requirements of 49 CFR 383.110-121 (1995) (49 USC 3102; 49 USC App. 12701; 49 CFR 1.49).

 

15)         The third-party certification entity must provide the Secretary of State with the names of all individuals that were tested and certified from a non-CDL classification to a CDL classification by the entity whose employment/membership has been terminated up to 6 months after the date of certification.

 

A)        The Secretary of State will cite these individuals to be retested in a representative vehicle in order for the individual to maintain the license classification in which they were originally certified.

 

B)        The Secretary of State will provide each entity with a Verification of Continual Employment form to assist the third-party certification entity in determining the names of the individuals who have terminated their employment/membership up to 6 months after being certified.

 

16)         The entity may not have a current unsatisfactory rating from the U.S. Department of Transportation (see 49 CFR 385.3).

 

e)         Skills Tests

 

1)         Any CDL or School Bus skills tests administered by the third-party certifying entity must be conducted by a licensed safety officer as specified in Subparts G and H of 49 CFR 383.

 

2)         Driving Skills – The entity shall have a prescribed physical driving course for each location and must be required to administer a skills test with the same minimum standards as that which would be used by the Secretary of State  (see 92 Ill. Adm. Code 1030.85).

 

3)         Pre-Trip Inspection Skills – Where applicable, the entity shall test and the driver applicant 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 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 – Third-party certification entities conducting road tests for restrictions and/or passenger endorsements must meet a skills test with the same minimum standards as an exam offered by the Secretary of State for the restriction and/or endorsement  (see 92 Ill. Adm. Code 1030.92).

 

5)         Third-party certifying entities conducting road tests for motorcycle and non-CDL classifications are not bound by subsections (e)(1) through (4), but instead must meet a driving skills test prescribed by the Secretary of State for these classifications, judged by the same minimum standards, and conducted by a licensed safety officer (92 Ill. Adm. Code 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 skills 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;

 

vi)        use of special equipment.

 

6)         Require Instruction Permit – Before a driver applicant may be skills tested and certified by a third-party entity, the driver applicant must obtain an instruction permit from the Secretary of State for the specific vehicle classification in which he/she intends to be licensed.  The driver applicant must hold a valid instruction permit for a period of at least 2 weeks prior to being skills tested and certified by a third-party entity, if not currently licensed in the classification representative of the vehicle the applicant intends to drive.

 

f)          Issuance and Renewal of Third-Party Certifying Entity Licenses

 

1)         Issuance of Licenses to Third-Party Certifying Entity – The Secretary of State shall issue a license to conduct a third-party certification program when the Secretary of State is satisfied that the entity applying for a third-party certification license has met the requirements under this Section.

 

2)         All licenses issued to any third-party certifying entity shall remain valid indefinitely unless canceled, suspended or revoked.  The Secretary of State shall send affidavits to, and conduct audits of, each licensee annually in order to determine that the licensee remains in compliance with the requirements of this Section.

 

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 or renewal:

 

A)        to any entity that submits a fraudulent application.

 

B)        to any entity that currently employs individuals also 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)         to any third-party certifying entity that fails to meet location standards:

 

i)          fails to comply with public health and safety standards contained in the Public Building Egress Act [45 ILCS 55], the Natural Gas Odor Injection Act [430 ILCS 25], and the Environmental Barriers Act [410 ILCS 25].

 

ii)         fails to have a telephone that is registered to the third-party certification entity.

 

F)         to any third-party certifying entity with a current unsatisfactory rating from the U.S. Department of Transportation.

 

G)        to any commercial driver training school.

 

H)        to any third-party certification entity that enters into any agreement with employees/members they certify 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 employee/member that is certified.

 

I)          to any third-party certification 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 employee/member that is certified.

 

2)         The Secretary of State shall cancel a third-party certifying entity license for failing to correct, after being served written notice giving 5 business days to correct, any violation of the following regulations and laws governing third-party entities:

 

A)        the entity employs individuals also employed by the Secretary of State.

 

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

 

C)        the third-party certifying entity lacks a safety officer.

 

D)        the third-party certifying entity fails to meet location standards:

 

i)          fails to comply with public health and safety standards contained in the Public Building Egress Act [45 ILCS 55], the Natural Gas Odor Injection Act [430 ILCS 25], and the Environmental Barriers Act [410 ILCS 25].

 

ii)         fails to have a telephone that registers to the third-party certification entity.

 

E)         the entity currently has an unsatisfactory rating from the U.S. Department of Transportation.

 

F)         the entity is a commercial driver training school.

 

3)         The Secretary of State shall suspend a third-party certifying entity's license 3 months, depending upon the severity of the infraction, upon evidence of the following:

 

A)        improper recordkeeping in violation of subsection (d)(11) of this Section.

 

B)        failure by the entity's certified driver applicants to pass skills tests upon re-examination, pursuant to subsections (c) and (d)(12) of this Section.

 

C)        any violation of this Part.

 

D)        failure to provide the required training to individuals that were CDL certified and did not hold a valid CDL at the time of testing.

 

E)         failure to notify the Secretary of State with names of individuals that were certified from a non-CDL classification to a CDL classification and whose employment/membership was terminated up to 6 months after the date of certification.

 

4)         The Secretary of State shall suspend a third-party certifying entity's license up to 6 months, depending upon the severity of the infraction, upon evidence of the failure to produce records upon demand of the auditing agency.

 

5)         The Secretary of State shall suspend a third-party certifying entity's license up to 1 year, depending upon the severity of the infraction, if it is discovered the entity is certifying applicants who have not obtained instruction permits and/or have not maintained such instruction permits for at least 2 weeks prior to testing and certification.

 

6)         The Secretary of State shall revoke the third-party certifying entity's license upon evidence of the following:

 

A)        the entity submitted a fraudulent application.

 

B)        if the entity engages in or permits any type of fraudulent activity, either with reference to any certified individual or the Secretary of State.

 

C)        the third-party certification entity enters into an agreement with employees/members they certify 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 employee/member that is certified.

 

D)        the third-party certification entity 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 employee/member that is certified.

 

h)         Issuance and Renewal of Safety Officer License

 

1)         Issuance of Licenses to Safety Officers – The Secretary of State shall issue a license to each safety officer when the Secretary of State is satisfied that such person has met the qualifications required under this Section.  Each third-party certification safety officer license shall authorize the licensee to test for only 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 2 safety officer licenses in the following combinations:

 

A)        as a safety officer for 2 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 indefinitely unless canceled, suspended or revoked.

 

i)          Safety Officer

 

1)         Requirements.  The Secretary of State shall not issue a safety officer license:

 

A)        unless the safety officer applicant is 21 years of age.

 

B)        if the applicant fails to properly make application for such license.

 

C)        if the applicant submits a fraudulent application.

 

D)        if the applicant owes outstanding fees to the Secretary of State.

 

E)         if the applicant's driver's license is currently canceled, suspended or revoked.

 

F)         unless the safety officer applicant is employed by a third-party certifying entity.

 

G)        unless the safety officer applicant has, for at least 2 years immediately preceding application, a valid driver's license in the specific classification in which he/she intends to test and, if intending to skills test school bus permit applicants, a current, valid school bus driver permit.

 

H)        to any person intending to skills test CDL driver applicants or school bus permit applicants who:

 

i)          has not completed the third party CDL training session administered by the Secretary of State, Driver Services Department's Commercial Driver Training section.  The written test will consist of 30 questions pertaining to Secretary of State Examiners Guide for CDL and will be offered by the department at periodic intervals.  In order to pass the written test an individual shall answer at least 24 questions correctly.  The third party school bus program will have an additional 10 questions and the individual must answer 8 questions correctly in order to pass.

 

ii)         has not passed a CDL skills examination in the classification and/or endorsements in which they intend to skills test.  The department will offer this examination at periodic intervals.  Each applicant will be given a maximum of 3 opportunities in a twelve month period to pass the commercial driver's license safety officer examination.  An applicant for a commercial driver's license safety officer may be allowed to attempt the road test a second time in the same day during normal business hours of the Driver Services facility if he/she fails the first attempt to pass the road test.  However, if the applicant demonstrates a danger to the public safety during his/her first attempt to pass a road test, he/she will not be allowed to make a second or subsequent attempt during the same day.  An applicant will not be allowed to make a third attempt to pass a road test on the same day in which he/she failed the previous attempt.  Individuals who have failed their third examination must wait at least 1 year from the date of the third failure before making a new application.

 

I)          to any person whose driver's license has been suspended or revoked, within a period of 5 years after the date of application.

 

J)         to any person who fails to properly make application for such safety officer's license or otherwise indicates that he/she is unqualified to receive such a license.

 

K)        to any person who is currently a salaried employee of the Secretary of State.

 

L)         to the applicant who does not meet the requirements provided in subsection (i)(1)(H) of this Section.

 

M)       to the applicant who does not hold a valid Illinois driver's license or a driver's license from a contiguous state in the classification and/or endorsement in which he/she intends to skills test.

 

N)        to any applicant who has been convicted of driving while under the influence of alcohol, other drugs, or a combination thereof.

 

O)        to any individual who has failed to comply with the provisions of this Part.

 

P)         to any person who is an owner or an instructor of a commercial driver training school.

 

2)         Denial of License.  The Secretary of State shall deny a safety officer's license upon evidence that:

 

A)        the applicant has been convicted of driving while under the influence of alcohol, other drugs, or a combination thereof; leaving the scene of an accident; or reckless homicide or reckless driving, or is suspended under Section 6-206(a)(3) of the Illinois Driver Licensing Law of the Illinois Vehicle Code or Section 11-501.1 of the Illinois Rules of the Road of the Illinois Vehicle Code within 5 years prior to the date of application.

 

B)        the applicant fails to properly make application for such license.

 

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

 

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

 

E)         the applicant is not at least 21 years of age.

 

F)         the applicant submits a fraudulent application.

 

G)        the applicant owes outstanding fees to the Secretary of State.

 

H)        the applicant's driver's license is currently canceled, suspended or revoked.

 

I)          the applicant's driver's license has been suspended or revoked within a period after 5 years of the date of application.  However, suspensions related to auto emissions and parking are exempt from the five year period after the suspension is terminated.

 

J)         the applicant has not held, for at least 2 years immediately preceding application, a valid license in the classification and/or endorsement in which he intends to test, or the equivalent under the classification system prior to April 1, 1990.

 

K)        the applicant does not meet the requirements provided in subsection (i)(1)(H) of this Section.

 

L)         the applicant does not hold a valid Illinois driver's license or a driver's license from a contiguous state in the classification and/or endorsement in which he/she intends to skills test.

 

M)       the applicant is an owner or instructor of a commercial driver training school.

 

3)         The Secretary of State shall immediately cancel a safety officer's license upon evidence that:

 

A)        the individual's driver's license is currently canceled, suspended or revoked.

 

B)        the individual's driver's license has been suspended or revoked within a period of 5 years after the date of application.  However, suspensions related to auto emissions and parking are exempt from the 5 year period after the suspension is terminated.

 

C)        the individual has not held, for at least 2 years immediately preceding application, a valid license in the classification in which he/she intends to test or the equivalent under the classification system prior to April 1, 1990, unless it is a CDL classification or endorsement.

 

D)        the individual intends to skills test CDL driver applicants, but has not received training equivalent to that given to Secretary of State examiners administering CDL driving skills tests.

 

E)         the individual is no longer employed by the third-party certification entity or no longer has a valid license.

 

F)         the individual is currently a salaried employee of the Secretary of State.

 

G)        the individual owes outstanding fees to the Secretary of State.

 

H)        the individual fails to administer a minimum of 12 skills tests to candidates for employment or membership as required in subsection (b)(3)(B) of this Section.

 

I)          the individual is an owner or instructor of a commercial driver training school.

 

4)         The Secretary of State shall suspend a safety officer's license:

 

A)        if it is discovered the safety officer is certifying applicants who have not obtained instruction permits, and/or have not maintained such instruction permits for at least 2 weeks prior to testing and certification.

 

B)        for improper record keeping in violation of subsection (d)(11) of this Section; and

 

C)        upon any violation of this Part.

 

5)         The Secretary of State shall revoke a safety officer's license upon receipt of evidence that:

 

A)        the individual has been convicted of driving under the influence of alcohol, other drugs, or a combination thereof; leaving the scene of an accident; or reckless homicide or reckless driving, or is suspended under Section 6-206(a)(3) or 11-501.1 of the Illinois Vehicle Code within 5 years prior to the date of application.

 

B)        the individual submits a fraudulent application.

 

C)        the individual engages in or permits any type of fraudulent activity, either with reference to a student or the Secretary of State, which includes but is not limited to certifying a person not eligible.

 

6)         The Secretary of State shall have the discretionary authority to issue warning letters to third-party certifying entities or safety officers for violations of the regulations and laws governing commercial driver training schools as found in this Part and Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code.

 

j)          Hearings

 

1)         Prior to the denial of a third-party entity and/or safety officer's license, the Department shall send written notice to that person and/or entity. If a formal hearing is requested, the request must be in writing during the notice period.  The basis for denial of a license is stated in subsections (g)(1) through (6) and (i)(2)(A) through (L) of this Section.

 

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 Section 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-118], wherein 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 in accordance with this Section.

 

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 the Circuit Court of Sangamon County or the Circuit Court of Cook County, pursuant to Section 2-118 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-118] and the provisions of the Administrative Review Law [735 ILCS 5/Art. 3].  All the provisions and modifications thereto, and all the rules adopted thereto, are hereby adopted and shall apply to and govern every action for judicial review of the final acts or decisions of the Secretary of State under this Section.

 

(Source:  Amended at 31 Ill. Reg. 14849, effective October 22, 2007)