Section 460.240  Supervision of Official Testing Station and Enforcement of Department Policies

During both announced and unannounced visits, authorized representatives of the Department (as defined in Section 460.110) have the responsibility:

a)         To monitor Official Testing Stations and to enforce this Part.

b)         To review and approve applications for Official Testing Station permits and Certified Diesel Emission Tester (CDET) certificates.

c)         To conduct written and proficiency tests for persons applying to become a CDET.  (See Section 460.230 for testing standards and procedures.)  To conduct tests for persons who have been requested by the Department to be retested, e.g., not performing a minimum of 10% of diesel emission inspections annually.

d)         To inspect building, equipment and adjacent roadway or alleys for compliance with Official Testing Station requirements or any conditions that affect the entrance and exit of vehicles.  (See 92 Ill. Adm. Code 451.110(b) for Official Testing Station classification requirements.)

e)         To inspect diesel emission inspection equipment for cleanliness, operability and accuracy.

f)         To require the Owner to cease performing diesel emission inspections when diesel emission inspection equipment is totally or partially inoperative or inaccurate.

1)         All diesel emission inspection supplies at the Official Testing Station will be removed and held by an authorized representative of the Department or the Commercial Vehicle Safety Section until the diesel emission inspection equipment has been cleaned, adjusted or repaired so as to render accurate results.

2)         An authorized representative of the Department will approve the condition of the equipment (i.e., operating efficiently and effectively) before the Station may reopen for diesel emission inspections.

g)         To instruct Official Testing Station Owners and CDET in the proper method of completing forms and reports used in diesel emission inspection procedures.

h)         To inspect forms required to be posted, completed and filed for cleanliness, legibility, and accuracy.

i)          To determine whether diesel emission inspections are performed in accordance with this Part.

j)          To have access to all records and supplies that are the property of and furnished by the Department.

k)         To inspect the Station's copy of this Part for completeness and availability.

l)          To inspect printer tapes generated during diesel emission inspections for accuracy, completeness, legibility and proper filing order.

m)        To inspect Validation Certificates at the Station for numerical sequence and storage security.  To check the Station Owner's method of accountability for all diesel emission inspection supplies issued to the Station.

n)         To investigate all complaints lodged against an Official Testing Station or a CDET. [625 ILCS 5/13-107]

o)         To monitor Official Testing Station procedures used in conducting diesel emission inspections through the use of both official marked and unmarked vehicles.  Monitoring conducted in marked State vehicles includes unannounced routine visits by area inspectors to check records for proper filing and completion and diesel emission inspection equipment for proper calibration and operation, and to administer tests to prospective CDETs or those CDETs required to be retested as authorized by Section 13-105 of the Law [625 ILCS 5/13-105].  Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if Official Testing Stations are performing diesel emission inspections in accordance with this Part as authorized by Section 13-107 of the Law [625 ILCS 5/13-107].

p)         To ensure compliance with goals for this program by issuing warning tickets or citations/complaints to Official Testing Station permit holders and their employees for alleged infractions of 625 ILCS 5/Ch. 13 and this Part.  The charges as outlined in the citation(s) will be adjudicated at an administrative hearing (see 625 ILCS 5/13-108 and 92 Ill. Adm. Code 450).  The Secretary will determine whether the Station has committed a violation after careful evaluation of the evidence presented at such hearing.  If a determination of a violation is made, the Secretary will assess penalties for violations alleged on the citation/complaints.  (See 92 Ill. Adm. Code 451.70(j) for penalty guidelines.)

q)         To require that the Owner cease diesel emission inspections and reinspections upon suspension or revocation of diesel emission inspection testing privileges, as outlined in subsection (p) of this Section.  Permit(s) and diesel emission inspection supplies will be removed from the facility for the period of suspension or permanently upon revocation.