Section 3100.100  Summary and Purpose

 

This Part outlines the conditions and procedures under which an employee's insurance coverage under the State's Self-Insured Motor Vehicle Liability Plan (Plan) may be revoked.  The purpose of this Part is strictly to determine insurability under the plan and shall not constitute an admission of liability.

 

Section 3100.200  Review of Accidents

 

a)         Claims adjustors in the Department of Central Management Services (CMS), Bureau of Benefits Auto Liability Unit (Unit) shall investigate all motor vehicle accidents involving State employees who were driving State vehicles or who were engaged in State business at the time the accident occurred.

 

b)         After reviewing all relevant evidence, the claims adjustor shall determine whether the employee involved in the accident was "at fault." This determination will be apart from the determination of liability.

 

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

 

Section 3100.300  Standards to be Used by Claims Adjustors

 

            a)         For the purposes of this Part, an employee shall be "at fault" when:

 

1)         the accident is caused by the failure of the employee to operate the motor vehicle with the degree of care that would normally be exercised by an ordinary reasonable person; and

 

2)         the failure of the employee to exercise due care is more than 50% responsible for the resulting accident.

 

b)         In determining an employee to be at fault, the claims adjustor shall consider:

 

1)         any mitigating factors present, such as an employee's being required to drive under adverse weather conditions or on congested roadways;

 

2)         special requirements of the employee's assignment or standing departmental orders or policies, including the needs of law enforcement, public safety and emergency personnel.

 

c)         The determination of "at fault" made by the claims adjustor is a determination of insurability and shall not under any circumstances be interpreted as an admission of liability.  All findings shall be treated as confidential information.  The records shall not be available for non-official inspection and use or subject to release under a Freedom of Information Act [5 ILCS 140] request without the prior permission of the affected employee.

 

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

 

Section 3100.400  Monitoring Reports (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 10036, effective July 15, 1997)

 

Section 3100.500  Notice of Multiple At-Fault Accidents – Warning Status

 

a)         If an employee is involved in two at-fault accidents within two years in which damages exceed $500 per occurrence, that employee will be sent a letter via certified mail from the Unit placing them in warning status. Employees placed on warning status will be encouraged to complete a remedial driver's training course approved by CMS. For purposes of damage calculation, property damages to third parties or to the State vehicle or other State property will be based on the lesser of two repair estimates or on the estimate by the State's damage appraisal vendor.  Bodily injury damages will be calculated based on medical evidence. Where primary coverage is provided by the State employee's personal insurance carrier, damage will be as documented by the private carrier.

 

b)         The letter shall notify the employee that an additional at-fault accident within one year after receipt of the letter will place the employee's coverage under the Plan on probation.

 

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

 

Section 3100.600  Probation

 

a)         Should a State employee be involved in an additional at-fault accident in which damages exceed $500 within one year after receiving the notice specified in Section 3100.500, that employee's coverage under the Plan shall be placed on probation for one year.

 

b)         An employee whose coverage is placed on probation shall be notified by the Unit via certified mail that if he or she is involved in an additional at-fault accident for which damages exceed $500, as defined in 80 Ill. Adm. 3100.500, within one year after the date of the notice, the employee shall be deemed an unacceptable risk and coverage under the plan may be revoked.

 

c)         Upon receiving written evidence from the provider of the course that an employee whose coverage is placed on probation has satisfactorily completed a remedial driver's training course approved by CMS, that employee shall be removed from probation.  If one year has not expired since receipt of the warning status letter, the individual will be returned to warning status until the expiration of one year from the receipt of the warning status letter. CMS will reimburse employees successfully completing an approved course of remedial training. The criteria for approval of a remedial training course shall include:

 

1)         a curriculum based on teaching recognized defensive driving techniques and accident prevention;

 

2)         course length sufficient to teach these skills, not in excess of 2 weeks or shorter than 8 hours; and

 

3)         a reasonable fee for instruction, not in excess of $100.

 

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

 

Section 3100.700  Revocation of Coverage

 

An employee's coverage under the Plan shall be revoked when:

 

a)         The employee was grossly negligent or guilty of willful and wanton misconduct which was a material cause of a motor vehicle accident in which the employee was at fault; or

 

b)         The employee is deemed to be an unacceptable risk.

 

Section 3100.800  Gross Negligence

 

For the purposes of this Part, an employee shall be deemed to be grossly negligent when the employee operated the motor vehicle involved in a manner which demonstrates that the employee failed to exercise even a slight degree of ordinary due care to prevent injury to the person or property of another.

 

(Source:  Amended at 21 Ill. Reg. 10036, effective July 15, 1997)

 

Section 3100.900  Willful and Wanton Misconduct

 

For the purposes of this Part, an employee shall be deemed to have engaged in willful and wanton misconduct when the employee operated the motor vehicle involved in a manner which demonstrates an intentional disregard for the safety of other persons or property.

 

(Source:  Amended at 21 Ill. Reg. 10036, effective July 15, 1997)

 

Section 3100.1000  Unacceptable Risk

 

For the purposes of this Part, an employee is deemed an unacceptable risk when:

 

a)         An employee has an at-fault accident within the probationary period and damages exceed $500 as defined in 80 Ill. Adm. Code 3100.500;

 

b)         An at-fault accident results in property damage liability reserved by the Unit claims adjustor and verified by the claims supervisor in the amount of $1 million or more;

 

c)         An at-fault accident results in bodily injuries and damages are reserved by the Unit claims adjustor and verified by the claims supervisor in the amount of $1 million or more;

 

d)         An at-fault accident results in the wrongful death of a person; or

 

e)         An at-fault accident results in bodily injury or property damage to a third party and the employee is subsequently convicted as driving under the influence as defined in Article V of the Illinois Rules of the Road [625 ILCS 5/Ch. 11, Art. V].  For purposes of this Subpart, court supervision or revocation of license for failure to submit to a breath test shall not constitute conviction.

 

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

 

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)

 

Section 3100.1200  Appeal

 

a)         The employee shall have the right to appeal the Director's decision.

 

b)         An appeal shall be filed with CMS within 30 days after the effective date of the revocation.  The revocation shall remain in full force and effect during the appeal.

 

c)         Any appeal shall be conducted as an administrative hearing pursuant to the requirements of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10].

 

d)         The decision of the hearing officer shall be final and binding and shall constitute the employee's final administrative relief.

 

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