(d) If a registrant fails to renew a certificate of registration for more than one registration year, the registrant shall pass a qualifying examination for each type of weighing and measuring device the registrant intends to install, service, recondition, or repair before the registrant's certificate of registration is renewed.
Beginning with the 2022 registration year, a registrant must complete a continuing education course for each type of weighing and measuring device the registrant intends to install, service, recondition, or repair. A registrant must complete a continuing education course every 5 years thereafter, provided the serviceperson, service agency, or special sealer is registered annually and remains in good standing. If a serviceperson, service agency, or special sealer fails to register with the Department, he or she must retest after a year lapse. For those registrants that have been continuously registered for 5 or more years on the effective date of this amendatory Act of the 102nd General Assembly, the Department shall require one-third of those registrants to complete a continuing education course required under this Section in the 2022 registration year, one-third of those registrants to complete a continuing education course in the 2023 registration year, and one-third of those registrants to complete a continuing education course in the 2024 registration year.
(e) As used in this Section:
"Commercial weighing and measuring device" means any weight or measure
or weighing or measuring device commercially used or employed (i) in
establishing
size, quantity, extent, area, or measurement of quantities, things, produce,
or articles for distribution or consumption which are purchased, offered,
or submitted for sale, hire, or award, or (ii) in computing any basic
charge
or payment for services rendered, except as otherwise excluded by Section
2 of this Act, and shall also include any accessory attached to or used
in connection with a commercial weighing or measuring device when the
accessory is so designed or installed that its operation affects, or may
affect, the accuracy of the device.
"Continuing education course" means an online course prepared and provided by the Department. The continuing education course shall be available through a link on the Department's website and shall provide the registrant with information concerning industry and Department practices. To complete the continuing education course, the registrant is required to review the educational materials but is not required to pass an examination.
"Registrant" means any individual, partnership, corporation, agency, firm,
or company registered by the Department who installs, services, repairs,
or reconditions, for hire, award, commission, or any other payment of
any
kind, any commercial weighing or measuring device.
"Serviceperson" means any individual who installs, services,
repairs, or
reconditions, for hire, award, commission, or any other payment of
kind,
a commercial weighing or measuring device. Each serviceperson must be associated with a primary service agency.
"Service agency" means any individual, agency, firm, company, or corporation
that, for hire, award, commission, or any other payment of
any kind, installs,
services, repairs, or reconditions a commercial weighing or measuring device. Each service agency shall have a registered serviceperson prior to qualifying as a registered service agency.
"Special sealer" means any serviceperson who is allowed to service only one
service agency's liquid petroleum meters or liquid petroleum measuring
devices.
(f) Each registered service agency and serviceperson shall have report forms,
known as "Placed in Service Reports". An original and 2 copies of these forms shall be
executed and shall include the assigned registration number for both the
registered serviceperson and the registered service agency for
each rejected or repaired device restored to service and for
each newly installed device placed in service. The report shall be
signed by a registered serviceperson or by a registered serviceperson
representing a registered service agency.
Whenever a registered serviceperson or special sealer places into service a
weighing or
measuring device, there shall be affixed to the device indicator a decal
provided by the Department that indicates the device accuracy.
Within 5 days after a device is restored to service or placed in service,
the original of a properly executed "Placed in Service Report", shall be submitted in a manner prescribed by
the Department. A copy of the report shall be handed
to the owner or operator of the device and a copy of the report
shall be retained by the service agency or serviceperson.
All field standards that are used for servicing and testing weights and measures devices for which competence is registered shall be submitted to the Director for initial and subsequent verification and calibration at least once every 2 years or as otherwise determined by the Director. When servicing commercial weighing or measuring devices, a registered serviceperson or registered service agency shall not use any field standards or testing equipment that have not been calibrated or verified by the Director. In lieu of submission of physical standards, the Director may accept calibration reports, verification reports, or both from any laboratory that is formally accredited or recognized. The Director shall maintain a list of organizations from which the Department will accept calibration reports. The Department shall retain the right to monitor periodically calibration results, to verify field standard compliance to specifications and tolerance when field standards are initially placed into service or at any intermediate point between calibration, or both.
(g) Persons working as apprentices are not subject to registration if they
work with and under the supervision of a registered serviceperson.
(h) The Director is authorized to promulgate, after public hearing, rules
and regulations necessary to enforce the provisions of this Section.
For good cause and after a hearing upon reasonable notice, the Director
may deny any application for registration or any application for renewal
of registration, or may revoke or suspend the registration of any registrant.
The Director may publish from time to time as he deems appropriate, and
may supply upon request, lists of registered servicepersons and registered
service agencies.
All final administrative decisions of the Director under this Section shall
be subject to judicial review under the Administrative
Review Law. The term "administrative
decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 102-217, eff. 1-1-22 .)
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