Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.442 - BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Certification Required to Provide BAIID Services. No person or entity may
				provide BAIID services pursuant to this Subpart D unless certified as a BAIID
				provider by the Secretary. All certified BAIID providers must apply for
				recertification on an annual, calendar year basis, with applications for
				recertification due in the Secretary's office no later than September 1 of each
				year.
b) Who May Provide BAIID
				Services. BAIID providers may be a manufacturer of BAIIDs, an authorized
				representative of a manufacturer of BAIIDs, an installer of BAIIDs or other
				business entity. Without regard to the specific business operations of the
				BAIID provider, all certified BAIID providers under this Section shall be
				responsible for insuring that all of the duties and responsibilities of a BAIID
				provider are carried out in accordance with this Subpart D, including, but not
				limited to, providing, distributing, installing and servicing approved BAIIDs.
				BAIID providers may provide these services through their own resources, through
				a subsidiary, or through contractual relationships with third
				parties.
c) Information Required in
				Application for Certification. Persons or entities desiring to be certified as
				BAIID providers may submit an application for certification at any time. An
				application for certification or recertification as a BAIID provider shall
				include all of the following information:
1)
				The name, business address and telephone number of the applicant. If the
				applicant is a business entity other than a corporation, the application must
				include the names and addresses of the owners of the entity. If the applicant
				is a corporation, the application must include the names and addresses of any
				person or entity owning 10% or more of the outstanding shares of the
				corporation;
2) The names, business
				addresses and telephone numbers, and titles of any officers, managers or
				supervisors of the applicant who will be involved in the provision of BAIID
				services;
3) A description of each
				BAIID the applicant proposes to install, including the name and address of the
				manufacturer and the model of the unit, with a copy of all manuals and
				information guides made available to program participants. Unless the BAIID has
				been previously certified by the Secretary pursuant to this Section, the
				application must include the information necessary to obtain certification of
				the BAIID pursuant to this Section;
4) If the applicant is not a BAIID
				manufacturer, the application must include proof of the applicant's right to
				distribute and install the particular types of BAIIDs the applicant is
				proposing to utilize. The proof may include a letter (composed on letterhead
				stationery), or a copy of a purchase, lease, rental or distribution agreement
				with the manufacturer;
5) A
				detailed description of the applicant's plan for distribution, installation and
				service of BAIIDs in Illinois, including the names and addresses of all
				installers the applicant intends to use. This plan must demonstrate the
				applicant's ability to distribute and install BAIIDs and the ability to submit
				reports to the Secretary electronically within the time frames established by
				this Subpart D;
6) A list of all
				other jurisdictions/states in which the applicant currently operates or has
				operated, and contact information for each jurisdiction/state;
7) Copies of policy and procedure manuals and
				training manuals used regarding installer training, calibration training,
				calibration equipment, installation equipment, and contracts/agreements with
				installers;
8) A signed statement
				that the applicant agrees to provide services to program participants who have
				been declared indigent by the Secretary for the purposes of the BAIID
				program;
9) Proof of liability
				insurance. General commercial liability and/or product liability insurance,
				which shall include coverage for installation services, shall be maintained
				with minimum liability limits of $1 million per occurrence and $3 million
				aggregate total. If the applicant is not both the manufacturer and installer of
				the BAIID, proof of liability insurance must be provided showing coverage of
				both the manufacturer and the installer. If proof of separate policies for the
				manufacturer and installer is provided, each policy must have minimum liability
				limits of $1 million per occurrence and $3 million aggregate total. Other
				commercially acceptable insurance arrangements, in the same minimum amounts,
				may be accepted at the discretion of the Secretary;
10) A statement that the applicant shall
				agree to indemnify and hold the State of Illinois and the Secretary, their
				officers, agents and employees, harmless from and against any and all
				liabilities, demands, claims, suits, losses, damages, causes of action, fines
				or judgments, including costs, attorneys' and witnesses' fees, and expenses
				incident to any of these actions, relating to bodily injuries to persons
				(including death) and for loss or damage to, or destruction of, real and/or
				tangible property (including property of the State) resulting from the
				negligence or misconduct of the applicant, its employees, agents or contractors
				in the manufacture, installation, service, repair, use or removal of a BAIID or
				performance of any other duties required by this Section;
11) Examples of images taken by the BAIID.
				If, in the opinion of the Secretary, the images are not clear and accurate, the
				Secretary may deny certification;
12) Proof that the applicant is in good
				standing with the Illinois Secretary of State, Business Services
				Department.