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TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS) PART 448 OFFICIAL TESTING STATIONS SECTION 448.130 SUPERVISION AND ENFORCEMENT
Section 448.130 Supervision and Enforcement
a) Supervise the Official Testing Stations and enforce the provisions of the Illinois Vehicle Code and these Rules, as amended.
b) Ascertain whether the tests are made properly, fairly, and honestly, have access to all records and supplies which are the property of the State of Illinois, and to all records of repair work, replacements, adjustments, or parts sold as a result of the Safety Tests.
c) Investigate all applicants for Official Testing Station Permits and Certified Safety Tester Certificates.
d) Inspect building dimensions, operability of entrance and exit doors, cleanliness and orderliness of the building, and adjacent roadways or alleys for any conditions which would affect ingress and egress.
e) Inspect safety testing equipment for cleanliness and operability.
f) Inspect those items required to be posted for cleanliness, legibility, and accuracy.
g) Conduct written examinations and proficiency tests for the safety testing of vehicles and operation of safety testing equipment for those persons desiring to become Certified Safety Testers.
h) Request the owner to close an Official Testing Station when safety testing equipment is so dirty that it cannot render accurate results, or when any of the safety testing equipment is not operative or needs adjustment. All Certificates of Safety on hand at the Official Testing Station may be confiscated and held by the Department employee or the Vehicle Inspection Section office until the safety testing equipment has been cleaned so as to render accurate results or repaired so that proper safety tests may be given. An authorized employee of the Department must approve the condition of the lane before it is reopened for testing vehicles. The Certificates of Safety will be returned to the Official Testing Station when a proper test can be given according to these Rules.
i) Instruct Official Testing Station Permit Holders and Certified Safety Testers in the proper method of completing forms and reports used in the Safety Test Program. The Department employees will not complete the forms and records for the Permit Holder or Certified Safety Testers.
j) Not solicit or accept any monies, gifts, services, or favors for political contributions, supplies furnished, services performed, safety testing equipment purchased or sold, cost of doing business, or for any other activity or reason including "goodwill".
k) Inspect the Vehicle Inspection Reports for completeness, legibility, and chronological and sequential filing.
l) Inspect the duplicate copy of the Monthly Station Reports which are filed with the Vehicle Inspection Reports for that calendar month.
m) Inspect the Certificates of Safety at each Station for numerical sequence and storage security.
n) Investigate all complaints lodged against an Official Testing Station or Certified Safety Tester.
o) Additionally monitor the Official Testing Stations and the procedures used in conducting Safety Tests through the use of both marked and/or unmarked vehicles.
p) Intelligently perform all assigned duties and follow all lawful orders issued by the Department.
q) Enforcement and Penalties
1) Employees of the Department will enforce these Rules through the use of voluntary suspensions, or Administrative Hearings conducted by the Secretary or his duly authorized representatives.
2) Authorized employees of the Department may issue Warning Tickets and/or Citation/Complaints to Official Testing Station Permit Holders and their employees for infractions of the Illinois Revised Statutes, the Illinois Vehicle Code, and the Rules, as amended.
3) The Secretary will determine the innocence or guilt of the defendant, and, following a determination of guilt, will assess penalties for violations of the Illinois Revised Statutes, the Illinois Vehicle Code and/or the Rules (92 Ill. Adm. Code 450), as amended, alleged on the Citation/Complaint.
4) The "Rules For Vehicle Inspection Section Hearings", as amended, shall govern the practices and procedures of all Administrative Hearings conducted by the Vehicle Inspection Section. |