TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1030 ISSUANCE OF LICENSES
SECTION 1030.83 HAZARDOUS MATERIAL ENDORSEMENT


 

Section 1030.83 Hazardous Material Endorsement

 

a)         The Department must notify a holder of an HME at least 90 days before the expiration date of the HME that the applicant must initiate a security threat assessment from the TSA as soon as possible, but no later than 60 days before the expiration of the applicant's HME, and that the applicant's HME cannot be renewed if TSA has not issued to the Department a Determination of No Security Threat.  The Department must require that an HME be renewed no more than five years after issuance.

 

b)        In order for the Department to issue an HME, all applicants must successfully comply with the following:

 

1)         possess a valid and properly classified driver's license with a CDL issued by the Department.

 

2)         pay all related application and fingerprinting fees as established by 49 CFR 1572 (October 1, 2014) and submit the fingerprints to the authorized TSA vendor who will transmit fingerprint data to the Federal Bureau of Investigation for a fingerprint-based criminal history background record check for a threat assessment.

 

3)         the Department shall not issue a new HME in compliance with subsection (c) until the Department has received a Determination of No Security Threat from TSA.

 

4)         upon the receipt of the Determination of No Security Threat from TSA, the Department will notify the driver in writing of an indication on the driving record authorizing the applicant to apply for the written HME test.

 

5)         passes a written test administered by the Department on the transporting of hazardous materials.

 

6)         affirm under penalty of perjury that he/she has not made a false statement or knowingly concealed a material fact in any application for the HME.

 

c)         Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that does not currently hold an HME on his/her CDL, the Department shall place an indication on the driving record of the applicant indicating he/she is not eligible for an HME.  Correspondence notifying the applicant of the failed threat assessment shall be sent by TSA directly to the applicant, along with information regarding the applicant's right to due process.

 

d)          Upon receipt of Determination of No Security Threat from TSA on an applicant that currently holds a CDL with an HME, the Department shall place an indication on the driving record and notify the applicant in writing of the Determination of No Security Threat from TSA and direct the applicant to return to a driver license facility to complete the requirements to renew or transfer from another state his/her CDL with an HME.

 

e)          Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that currently holds a CDL with an HME, Department shall place a tag on the driving record and send written notice to the applicant explaining that he/she has failed the Threat Assessment and, therefore, must appear at a driver license facility to have the HME removed from his/her CDL.  The applicant will be given at least five days, but no more than 15 days, from the date of the notice to appear at a driver license facility and have the HME removed from his/her CDL.  A corrected CDL will then be issued without the HME at no charge to the driver.

 

f)         Refusal or neglect of an applicant to have the HME removed and obtain a corrected CDL, pursuant to subsection (e), shall result in the cancellation of the driver's CDL privileges pursuant to IVC Sections 6-201(a)(11) and 6-207.  An applicant whose CDL privileges were canceled may request an administrative hearing to contest the cancellation.  The scope of the hearing shall be limited to the reason for the cancellation and shall not address the Threat Assessment conducted by TSA.

 

g)         If, after a driver's CDL privileges have been canceled pursuant to subsection (f) for failing to have the HME removed from the license after the Department received an Initial or Final Determination of Threat Assessment from TSA as set forth in subsection (e), the Department receives a Determination of No Security Threat from TSA on the driver, an order rescinding the cancellation shall be entered and the driver's CDL privileges and the HME will be valid.

 

h)        An applicant who obtains a corrected CDL shall be deemed to be in compliance with the Department's request and shall be allowed to retain CDL driving privileges.

 

i)          If the Department receives a Determination of No Security Threat after a driver has previously been deemed a security threat by TSA and has had the HME removed from the CDL in compliance with subsection (e), the Department shall send written notice to the driver that he/she is now eligible to have the HME added back to his/her CDL.  The written notice shall advise the driver to visit a driver license facility to have a corrected CDL issued reflecting the HME at no cost.

 

j)          An applicant who possesses a CDL with an HME and who will be applying for renewal of the CDL-HME after May 31, 2005 may complete the TSA process as defined in subsection (b).  An applicant who possesses a CDL with an HME and who will be applying for renewal of the CDL-HME after May 31, 2005 may complete the TSA process as defined in subsection (b).  Effective May 31, 2005, the Department shall not renew or transfer from another state an HME in compliance with subsection (d) until the Secretary of State has received a Determination of No Security Threat from TSA.  However, the Secretary of State may extend the expiration date of the time for 90 days if TSA has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of the HME.  Any additional extension must be approved in advance by the Director of the Department of Homeland Security.

 

(Source:  Amended at 39 Ill. Reg. 11531, effective July 28, 2015)