Section 3100.1100  Review Prior to Revocation of Coverage

a)         Prior to revoking the coverage of any employee under the Plan, the Director of CMS shall convene a special committee to review all accidents leading to the revocation.

b)         This committee shall be composed of three employees of CMS and one representative of the employing agency chosen by the Director of that agency.  If the employee whose coverage is to be revoked is represented by a collective bargaining unit, then a representative of that collective bargaining unit chosen by the unit shall also be appointed to the committee.

c)         The committee shall hear all relevant evidence, including evidence or statements presented by the affected employee.  The purpose of the committee's review is to verify that the record supports that the requirements of Section 3100.1000 were present and support the revocation of coverage.

d)         The committee shall also consider any mitigating factors, including but not limited to length of service, prior driving record, the employee's position and the type of driving engaged in.  The purpose of this review is to determine that mitigating factors, such as those defined in Section 3100.300, are sufficient to support the continuation of probationary status or dictate that revocation be for a limited time.

e)         The committee shall recommend to the Director that the employee's coverage either be revoked or that the employee remain on probationary status.

f)         If the committee recommends that coverage be revoked, it shall also recommend the length of the revocation period.  Coverage may be revoked for between one and five years.  The basis for this recommendation shall be the standards incorporated in subsections (c) and (d).

g)         The Director of CMS will then determine whether coverage should be revoked and the length of the revocation.  This decision shall be based on the standards incorporated in subsections (c), (d) and (f).

h)         The employee shall be notified of the Director's decision by letter sent by certified mail.  Revocation shall be effective 10 days from the date of mailing.

(Source:  Amended at 37 Ill. Reg. 7742, effective May 23, 2013)