Current through Register Vol. 48, No. 38, September 20, 2024
a) For the Department to issue an HME, all
applicants must successfully comply with the following:
1) Hold a valid and properly classified
driver's license with a CDL issued by the Department;
2) Pass a TSA security threat assessment or
hold a valid Transportation Worker Identification Credential (TWIC; i.e., an
identification card issued by TSA to maritime workers with access to maritime
facilities and vessels);
3) Pass a
written test administered by the Department on the transporting of hazardous
materials; and
4) Affirm under
penalty of perjury that the applicant has not made a false statement or
knowingly concealed a material fact in any application for the HME.
5) Successfully complete entry-level driver
training with hazardous materials endorsement curriculum.
b) TSA Security Threat Procedures
1) The applicant shall pay all related
application and fingerprinting fees established by 49 CFR 1572 (October 1,
2019) and submit the fingerprints to the authorized TSA vendor who will
transmit fingerprint data to the Federal Bureau of Investigation for a
fingerprint-based criminal history background record check.
2) Upon receipt of an Initial or Final
Determination of Threat Assessment from TSA on an applicant that does not
currently hold an HME on the applicant's CDL, the Department shall place an
indication on the driving record of the applicant indicating the applicant is
not eligible for an HME. Correspondence notifying the applicant of the failed
threat assessment shall be sent by TSA directly to the applicant, along with
information regarding the applicant's right to due process.
3) Upon receipt of Determination of No
Security Threat from TSA on an applicant that currently holds a CDL with an
HME, the Department shall place an indication on the driving record and notify
the applicant in writing of the Determination of No Security Threat from TSA
and direct the applicant to return to a driver services facility to complete
the requirements to renew or transfer from another state the CDL with an
HME.
4) Upon receipt of an Initial
or Final Determination of Threat Assessment from TSA on an applicant that
currently holds a CDL with an HME, the Department shall place a tag on the
driving record and send written notice to the applicant explaining that the
applicant has failed the Threat Assessment and, therefore, must appear at a
driver services facility to have the HME removed from the CDL. The applicant
will be given at least five days, but no more than 15 days, from the date of
the notice to appear at a driver services facility and have the HME removed
from the CDL. A corrected CDL will then be issued without the HME at no charge
to the driver.
c) TWIC
Procedures
1) The applicant shall email the
applicant's TWIC card to the Department's CDL/PDPS Help Desk at
CDLPDPSHelpDesk@ilsos.gov.
2) The
Department shall validate the TWIC against the TWIC Cancelled Card
List.
3) If the TWIC does not
appear on the TWIC Cancellation Card List, the Department shall load a notation
to the driving record that indicates the applicant may be issued an HME. The
applicant must appear at a Driver Services facility to have the HME added to
their CDL or to renew their HME.
4)
The Department shall submit a spreadsheet to TSA containing the names of all
persons issued an HME indicating the applicant presented a TWIC.
5) Upon notification from TSA that a TWIC was
invalid, the Department shall place a tag on the driving record and send
written notification to the applicant explaining that the TWIC was invalid and,
therefore, the applicant must appear at a driver services facility to have the
HME removed from the applicant's CDL. The applicant will be given at least five
days, but no more than 15 days, from the date of the notice to appear at a
driver services facility and have the HME removed from the CDL. A corrected CDL
will then be issued with no charge to the driver.
d) Refusal or neglect of an applicant to have
the HME removed and obtain a corrected CDL, pursuant to subsection (b) or (c),
shall result in the cancellation of the driver's CDL privileges pursuant to IVC
Sections 6-201(a)(11) and 6-207. An applicant whose CDL privileges were
canceled may request an administrative hearing to contest the cancellation. The
scope of the hearing shall be limited to the reason for the cancellation and
shall not address the Threat Assessment conducted by TSA or the determination
by TSA that the TWIC was invalid.
e) If, after a driver's CDL privileges have
been canceled pursuant to subsection (d) for failing to have the HME removed
from the license, the Department receives a Determination of No Security Threat
from TSA on the driver, or notification that the TWIC was valid, an order
rescinding the cancellation shall be entered and the driver's CDL privileges
and the HME will be valid.
f) An
applicant who obtains a corrected CDL shall be deemed to be in compliance with
the Department's request and shall be allowed to retain CDL driving
privileges.
g) If the Department
receives a Determination of No Security Threat after a driver has previously
been deemed a security threat by TSA and has had the HME removed from the CDL
in compliance with subsection (b) or (c), the Department shall send written
notice to the driver that the driver is now eligible to have the HME added back
to the CDL. The written notice shall advise the driver to visit a driver
services facility to have a corrected CDL issued reflecting the HME at no
cost.
h) Security Check at
Expiration of HME
1) The Department shall
notify a holder of an HME, at least 90 days before the expiration date of the
HME:
A) that:
i) the applicant must initiate a security
threat assessment from TSA as soon as possible, but no later than 60 days
before the expiration of the applicant's HME; and
ii) the applicant's HME cannot be renewed if
TSA has not issued to the Department a Determination of No Security Threat;
or
B) that the Applicant
must submit a renewed TWIC.
2) The Department must require that an HME be
renewed no more than five years after issuance.
