PART 1000 GENERAL RULES, DEFINITIONS : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1000 GENERAL RULES, DEFINITIONS


AUTHORITY: Implementing Section 2-104(b) of the Illinois Vehicle Code [625 ILCS 5], and Section 5-7 of the Secretary of State Act [15 ILCS 305].

SOURCE: Filed and effective December 15, 1970; amended at 6 Ill. Reg. 2239, effective February 1, 1982; emergency amendment at 6 Ill. Reg. 7152, effective May 28, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 11067, effective August 26, 1982; codified at 6 Ill. Reg. 12674; amendment at 6 Ill. Reg. 15040, effective December 1, 1982; amended at 7 Ill. Reg. 13677, effective October 14, 1983; amended at 8 Ill. Reg. 5353, effective April 6, 1984; amended at 9 Ill. Reg. 2326, effective February 1, 1985; amended at 13 Ill. Reg. 5185, effective April 1, 1989; amended at 13 Ill. Reg. 11844, effective July 1, 1989; emergency amendment at 24 Ill. Reg. 1681, effective January 14, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 6950, effective April 24, 2000; emergency amendment at 25 Ill. Reg. 9376, effective July 1, 2001, for maximum of 150 days; emergency expired November 27, 2001; amended at 26 Ill. Reg. 12040, effective July 19, 2002; amended at 29 Ill. Reg. 1960, effective January 20, 2005; amended at 34 Ill. Reg. 2755, effective February 2, 2010; amended at 37 Ill. Reg. 1254, effective January 17, 2013; amended at 39 Ill. Reg. 14198, effective October 19, 2015; amended at 47 Ill. Reg. 11475, effective July 13, 2023.

 

Section 1000.10  Definitions

 

a)         The definitions in Chapter 1 of the Illinois Vehicle Code (IVC) [625 ILCS 5] govern words and phrases in this Part and all Parts within 92 Ill. Adm. Code:  Chapter II unless the context clearly requires otherwise.

 

b)         The definitions in Chapter 1 of the IVC apply generally, and definitions appearing elsewhere in the IVC apply specifically to the Chapter or Article or Section in which they are found. [625 ILCS 5]

 

c)         The abbreviation "IVC" means The Illinois Vehicle Code [625 ILCS 5].

 

d)         "Secretary" means the Secretary of the State of Illinois.

 

(Source:  Amended at 47 Ill. Reg. 11475, effective July 13, 2023)

 

Section 1000.20  Appointment of Subordinates

 

a)         The Secretary of State shall appoint a Deputy Secretary of State, Assistant Secretary of State, a General Counsel, Directors, and Chief Deputy Directors for the departments established by the Secretary, and other employees as may be necessary to administer the provisions of the IVC.

 

b)         The Secretary may further contract with persons as necessary.

 

c)         Subordinate officers, assistants, and employees of the Office of the Secretary of State are subject to the State Officials and Employees Ethics Act [5 ILCS 430], the Secretary of State Merit Employment Code [15 ILCS 310], Title 80, Parts 410 and 420 of the Illinois Administrative Code, and the Secretary of State's Policy Manual.  Contractors shall be subject to the Secretary of State's Policy Manual.

 

d)         The departments established by the Secretary of State to administer the Illinois Vehicle Code pursuant to Sections 2-103, 2-104 and 2-115 of the Illinois Vehicle Title & Registration Law of the IVC are:

 

1)         The Department of Driver Services

 

2)         The Department of Vehicle Services

 

3)         The Department of Accounting Revenue

 

4)         The Department of Police

 

5)         The Department of Administrative Hearings

 

6)         The Department of Information Technology

 

e)         The duties of these departments are set forth at 2 Ill. Adm. Code 550.210.

 

(Source:  Amended at 47 Ill. Reg. 11475, effective July 13, 2023)

 

Section 1000.30  Reciprocity, Prorate and Forced Registration Review Board (Repealed)

 

(Source:  Repealed at 6 Ill. Reg. 15040, effective December 1, 1982)

 

Section 1000.40  Offices of the Secretary of State

 

The Secretary of State shall maintain offices in the City of Springfield, and in such other places within the State of Illinois as necessary to properly administer the I.V.C.

Section 1000.41  Voter Registration at Driver Services Facilities

 

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

 

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

 

"Driver Services Facility" or "Facility" – offices located throughout Illinois for the purpose of issuing driver's licenses and providing to the public other necessary services connected with the Secretary of State's Office.

 

"Secretary of State" – The Secretary of State of Illinois.

 

b)         Pursuant to Section 1A-25 of the Election Code, the Department shall make Driver Services Facilities available for use as places of accepting applications for voter registration. [625 ILCS 5/2-105(c)]

 

c)         With the exception of applicants for Temporary Visitor's Driver's Licenses issued pursuant to Section 6-105.1 of the Vehicle Code, each person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois identification card or a corrected Illinois identification card shall be notified that the person may apply to register to vote at that facility and may also apply to transfer his or her voter registration at the facility to a different address in the State.  The notification may be made in writing or verbally, issued by an employee of the Secretary of State. [ 625 ILCS 5/2-105(e)]

 

d)         Facilities shall be available as places of accepting applications for voter registration during all hours the facility is open for business.

 

(Source:  Amended at 37 Ill. Reg. 1254, effective January 17, 2013)

 

Section 1000.50  Forms

 

a)         The Secretary of State shall prescribe, and print or purchase as necessary, all suitable forms and applications, certifications of title, registration cards, drivers licenses and permits and any and all other forms necessary to administer the I.V.C.

 

b)         Supplies of such forms shall be distributed as necessary to enable residents of the State of Illinois to comply with the I.V.C. and 92 Ill. Adm. Code:  Chapter II.

 

(Source:  Amended at 13 Ill. Reg. 11854, effective July 1, 1989)

 

Section 1000.60  Certification of Copies of Records

 

Certified copies of records of the Office of Secretary of State resulting from the administration of the I.V.C., shall be prepared in the Department of the Office of the Secretary of State having the original document or record, and the seal of the Secretary of State shall be affixed by the appropriate Department or the Secretary, pursuant to law.

 

(Source:  Amended at 13 Ill. Reg. 11844, effective July 1, 1989)

 

Section 1000.70  Department of Police

 

a)         The investigators authorized pursuant to Section 2-115 of the Illinois Vehicle Code [625 ILCS 5/2-115] shall be appointed by the Secretary and organized into the Department of Police.

 

b)         The Department of Police, which is headquartered in Springfield, Illinois, shall have District headquarters throughout Illinois to enable the Department to best distribute its supervisory responsibilities and work load.

 

c)         The employees of the Department of Police shall be subject to the Secretary of State Merit Employment Code [15 ILCS 310]; the Office of the Secretary of State's rules entitled Department of Personnel (80 Ill. Adm. Code 420) and the Department of Police General Orders.  When there is conflict between the policies of the Office and the General Orders of Police, the Office policies shall prevail.  

 

d)         Sworn personnel

 

1)         Sworn personnel shall mean the peace officers within the Department of Police.

 

2)         The grades of sworn personnel, from lowest to highest, shall be Investigator Trainee, Investigator, Investigator Sergeant, Investigator Lieutenant, and Investigator Commander.  Position descriptions for these employees shall be established by the Department of Personnel in accordance with Section 10a of the Secretary of State Merit Employment Code and 80 Ill. Adm. Code 420.210.

 

3)         New sworn personnel shall be hired in accordance with Section 10b of the Secretary of State Merit Employment Code and shall be required to successfully complete certain terms and conditions under the Secretary of State Merit Employment Code that include, but are not limited to, the following:

 

A)        An examination for Investigators or Investigator Trainees as prescribed by the Director of Personnel, Office of the Secretary of State.

 

B)        A physical ability test, consistent with the physical ability standards set forth by the Illinois Law Enforcement Training and Standards Board (20 Ill. Adm. Code 1720.20.Appendix A) prior to the entrance into any of the Illinois certified basic police academies.

 

C)        A background investigation conducted by the Department of Police to determine if the applicant has any criminal convictions and to verify that all information contained in the applicant's application is true and accurate.

 

D)        A medical and a psychological examination using standard criteria.

 

4)         Application and Testing Procedures for Investigator Sergeants.  Any applicant for the position of Investigator Sergeant must complete or successfully pass the following application procedure:

 

A)        The filing of the standard personnel application form with the Department of Personnel with a copy to the Department of Police.

 

B)        An examination for Investigator Sergeant as prescribed by the Director of Personnel, Office of the Secretary of State.

 

e)         Miscellaneous provisions pertaining to the Department of Police

 

1)         The Department of Police shall collect a storage fee in the amount of $5.00 per day from any person or entity owning a vehicle which is stored on Secretary of State property for any reason.  Fees shall be deposited in the Secretary of State Police Services Fund.

 

2)         The Department of Police, to implement Section 3-308 of the Illinois Vehicle Code, shall operate inspection stations at various locations throughout Illinois as the workload of inspecting rebuilt and salvage vehicles requires.

 

(Source:  Amended at 39 Ill. Reg. 14198, effective October 19, 2015)

 

Section 1000.80  Enforcement of the Illinois Vehicle Code  (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 11844, effective July 1, 1989)

 

Section 1000.90  Hearings (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 13677, effective October 14, 1983)

 

Section 1000.110  Audits and Collections (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 5353, effective April 6, 1984)

 

Section 1000.120  Audit Costs

 

Audit costs shall be assessed as specified in 92 Ill. Adm. Code 1003.

 

(Source:  Amended at 13 Ill. Reg. 11844, effective July 1, 1989)