Section 1240.500  Definitions

 

"Act" means Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447].

 

"Board" means the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Board.

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"ISP" means the Illinois State Police.

 

"Qualified Instructor" – An individual who can provide the training as outlined in the Act.  This shall include:

 

A licensed private detective, private alarm contractor, private security contractor or locksmith active and in good standing;

 

A registered employee (holder of a Permanent Employee Registration Card issued under Section 1240.520), retained or employed by a licensed agency, who has a minimum of 5 years' experience in the discipline being taught;

 

Registered employees of licensed agencies with a least 3 years' full-time supervisory experience in the area in which the individual will conduct training;

 

Full time or part-time faculty employed by an institution under the jurisdiction of the Illinois Board of Higher Education or the Illinois Community College Board to teach firearms training courses or security training courses.

 

A registered employee, retained or employed by a licensed agency, who has a baccalaureate degree in education, business, law enforcement or other related degree to provide training in the discipline to be taught or has 3 years previous experience as a corporate trainer or equivalent in another industry.

 

An armed employee of a registered armed propriety security force who has the same experience or education as a registered employee under this Section, provided that instruction is limited to basic training for armed employees of a registered armed proprietary security force.

 

A person who holds a private detective, private alarm, private security, or locksmith license or registration in another state, has law enforcement training experience, has a baccalaureate degree in education, business, law enforcement, or other related degree, or has experience as a corporate trainer may serve as the instructor in a commercially-produced recorded or online training course.

 

For private alarm contractors, a qualified instructor may also include factory trained and certified personnel on the types of systems or work being trained; National Institute of Certification in Engineering Technologies (NICET) certified personnel; or a Certified Protection Professional (CPP) as designated by the American Society for Industrial Security.

 

For the 28-hour firearm training course, a qualified instructor is a person registered as a firearm instructor under Section 1240.515.

 

"Related to" – The immediate family living in the same household.

 

"Restored" – A court has declared an individual to be competent, as referenced in Section 35-30 of the Act.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

"Traffic Offense" – As used in Section 35-30(a)(3) of the Act, means a minor offense concerning the operation and use of a motor vehicle or is related to motor vehicles and that does not rise to the level of a felony or misdemeanor.

 

"Usher" means a person who escorts or directs people to their seats, as in a theater, church or stadium, or acts as a doorkeeper or ticket taker but does not perform any of the functions of a private security contractor as defined in Section 5-10 of the Act.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.501  Licensee-in-charge

 

a)         Every private detective agency, private alarm contractor agency, private security contractor agency, fingerprint vendor agency, and locksmith agency shall designate a licensee-in-charge.  Maintaining a licensee-in-charge is a continuing requirement for agency licensure.

 

b)         The licensee-in-charge shall be a full-time officer or employee of the agency and shall participate in agency affairs.  Participation in agency affairs includes, but is not limited to, responsibility for delivery of professional services and compliance with the Act and this Part, including employee recordkeeping, training, activities and conduct, and the review and approval of contracts and proposals.  Participation in agency affairs also includes responsibility of the licensee-in-charge for maintaining at a location within Illinois all files subject to audit or inspection pursuant to Section 35-10 of the Act.  If the agency does not maintain an office in Illinois, the licensee-in-charge is responsible for maintaining these records at the agency's out-of-state office named in its application for licensure.

 

c)         The licensee-in-charge is responsible for notifying the Division, on forms provided by the Division, of any change of address of the agency or any other change of information required to be reported in any application for licensure within 14 days after the change.  Placing this responsibility on the licensee-in-charge does not relieve the agency of any of its related legal obligations.

 

d)         If the agency is a corporation or a limited liability company, the licensee-in-charge is responsible for maintaining the good standing of the corporation or limited liability company with the Secretary of State.  If the agency is a foreign corporation, the licensee-in-charge is responsible for maintaining its authorization to conduct business in Illinois.  Placing this responsibility on the licensee-in-charge does not relieve the agency of any of its related legal obligations.

 

e)         In determining whether a licensee-in-charge participates in agency affairs, the Division may consider those responsibilities identified in this Section, the number of employees under the direct supervision of the licensee-in-charge, and the employment relationship between the licensee-in-charge and the agency, including the existence of a contract for employment and any other relevant fact or circumstance.

 

f)         An agency applying for a temporary certificate of authority or an extension of a temporary certificate of authority pursuant to Section 15-15, 20-15, 25-15, 30-15, or 31-15 of the Act shall file an application with the Division on forms provided by the Division.  The agency shall report to the Division the name and contact information of an officer or other authorized person who will serve as a contact person in the absence of the licensee-in-charge and who has access to agency records.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.502  Application for Branch Office License

 

a)         A licensed private detective agency, private alarm contractor agency, private security contractor agency, or locksmith agency shall not operate a branch office within this State without first applying for and receiving a branch office license for each location.  An applicant for a branch office license shall, in accordance with Section 10-5 of the Act, file an application with the Division, on forms provided by the Division, together with the following:

 

1)         Agency name and license number;

 

2)         Branch office address and telephone number.  A post office box by itself is not acceptable;

 

3)         County in which the branch office is located;

 

4)         Name and license number of the licensee-in-charge; and

 

5)         The required fees specified in Section 1240.570.

 

b)         The branch office must use the same name as the licensed agency.  Use of a different name shall require a new application for an agency license in that name.

 

c)         If the branch office is relocated, a new branch office license application must be submitted to the Division.

 

d)         This Section shall not apply to a licensed fingerprint vendor agency.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.505  Basic, Additional, and Refresher Training − Private Detective, Private Alarm Contractor, Private Security Contractor and Armed Proprietary Security Force Employee

 

a)         Every person employed as a registered employee of a private detective, private alarm or private security agency certified under the Act or as an armed employee of an armed proprietary security force shall complete, within 30 days after commencing employment, a course of basic training.  The training shall be a minimum of 20 hours of basic training related to the employment and shall be certified to by the employer.  The training may be classroom-based or online Internet-based and shall not be conducted as on-the-job training.

 

b)         Registered employees of a private security contractor agency who provide guarding or other private security related functions, in addition to the basic classroom training required under subsection (a), within 6 months after their employment, shall complete an additional 8 hours of training on subjects to be determined by the employer.  This training may be classroom-based, online Internet-based, site-specific, or conducted on the job.

 

c)         In addition to the basic training provided for in subsections (a) and (b), registered employees of a private security contractor agency who provide guarding or other private security related functions and registered employees of a private detective agency shall complete an additional 8 hours of refresher training on subjects to be determined by the employer each calendar year commencing with the calendar year following the employee's first employment anniversary date.  The refresher training may be classroom-based, online Internet-based, site-specific, or conducted on the job.

 

d)         Upon successful completion of the training prescribed in subsections (a) through (c), each individual shall be issued, by the employer or the instructor, a Certification of Completion of basic, additional, and/or refresher training courses signed by the instructor or the employer.  The licensee-in-charge shall be responsible for the documentation of the training.  Documentation of the additional and refresher training shall consist of the date and location of the training, the subject matter covered and instructor or employee who administered the training.  The Certificate of Completion of basic, additional, and/or refresher training courses may be reproduced digitally provided the form is printed out and signed and the printed form is a virtual identical copy of the current form in use by the Division.

 

e)         The Certification or a copy shall be the permanent record of training and shall be retained by the individual as proof of the training.  During the term of the individual's employment with an agency licensed by the Division, the Certification or a copy shall be filed by the employer with the employee statement required by Section 35-30(b) of the Act and shall remain in the file during the term of employment.  Upon termination of employment, the original Certification or a copy shall be returned to the employee.

 

f)         In the case of an employee who is employed by more than one employer, a copy of the Certification of Completion of basic, additional, or refresher training shall be kept with the employee statement required by Section 35-30(b) of the Act.

 

g)         Copies of all training certification and materials required under the Act and this Section shall be made available to Division personnel upon request.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.506  Annual Training for Private Detectives and Private Security Contractors

 

a)         Licensed private detectives shall complete 8 hours of annual training on subjects related to private detective functions.

 

1)         For those licensed as private detectives prior to January 1, 2023, the first annual training must be completed before January 1, 2024.

 

2)         For those licensed as private detectives after December 31, 2022, the first annual training must be completed by the calendar year following the issuance of the private detective license.

 

b)         Licensed private security contractors shall complete 4 hours of annual training on subjects related to private security contractor functions.

 

1)         For those licensed as private security contractors prior to January 1, 2023, the first annual training must be completed before January 1, 2024.

 

2)         For those licensed as private security contractors after December 31, 2022, the first annual training must be completed by the calendar year following the issuance of the private security contractor license.

 

c)         Certifications and records of training shall be prepared and kept and made available to Division personnel in the same manner as prescribed under Section 1240.505.  A licensed agency employing a licensed private detective or private security contractor shall be responsible for maintaining the original or a copy of annual training certifications and records.  If a private detective or private security contractor is not employed by a licensed agency, then the private detective or private security contractor is responsible for compliance with these requirements.

 

(Source:  Added at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.510  Firearm Training Course

 

a)         No registered or armed employee shall be allowed to perform duties that require the use, carrying or possession of a firearm until that employee has completed the 20 hours of basic training required by the Act, and has satisfactorily completed a 28-hour firearm training course approved by the Division.  No licensed private detective, private alarm contractor, private security contractor, or locksmith may perform duties that require the use, carrying or possession of a firearm until that licensee has likewise satisfactorily completed a 28-hour firearm training course approved by the Division.  The firearm training course shall include 20 hours of classroom-based or online Internet-based instruction and 8 hours firing range experience.  The 20 hours of instruction shall include, but not be limited to, the following subject matter:

 

1)         The dangers of and misuse of firearms, their storage, safety rules, and care and cleaning of firearms;

 

2)         Defensive tactics for in-holster weapon retention;

 

3)         Legal use of firearms;

 

4)         Ethical and moral considerations necessary for any person who possesses a firearm;

 

5)         The laws regarding arrest, search, and seizure;

 

6)         Liability for acts that may be performed in the course of employment;

 

7)         Use of deadly force; and

 

8)         Fundamentals of firearm use:

 

A)        Stance;

 

B)        Grip;

 

C)        Sight alignment;

 

D)        Sight picture; and

 

E)        Trigger control.

 

b)         In addition to the 20 hours of instruction required in subsection (a), each student shall complete 8 hours of practice firing on the firing range to apply, in supervised practice, the techniques and methods described in subsection (a).  Prior to any range firing, the range master shall conduct a safety inspection on the student's personal firearm or the firearm assigned to the student.  Instruction shall include double-action shooting.

 

c)         Training Range

 

1)         The range where the training is to be given, whether indoor or outdoor, shall be maintained in a safe condition and shall be located in an area where the firing of live ammunition is allowed.  In determining whether the range is maintained in a safe condition, the Division may conduct an on-site inspection and may consider the following factors:

 

A)        Safety of participants;

 

B)        Safety of any persons or property in the area;

 

C)        Safety maintenance procedures; and

 

D)        Operational rules and policy.

 

2)         Any range found to be operating in an unsafe manner by the Division may be prohibited by the Division from offering the training required under subsection (b) until such time as unsafe practices are remedied.

 

d)         Upon application to the Division, any firearm training course approved by the Illinois Community College Board and/or Illinois Board of Higher Education that requires the firing of a minimum of 50 live rounds of ammunition and a minimum qualification score of 70% will be approved as satisfying the requirements of this Section.

 

e)         Upon application to the Division, any Law Enforcement Firearms Instructor Course approved and registered by the National Rifle Association that requires the firing of a minimum of 50 live rounds of ammunition and a minimum qualification score of 70% will be approved for the range portion of the training.

 

f)         Each individual shall be required to fire a minimum of 50 rounds of live ammunition (factory loaded service ammunition or factory reloaded ammunition).

 

g)         Each student must qualify with a minimum score of 70% with each type of weapon (revolver, semi‑automatic handgun, shotgun, rifle) the student will be authorized to carry.

 

h)         The range instructor shall be responsible for maintaining a safe range environment.  Any student who refuses to adhere to proper safety requirements shall be dismissed from training by the instructor or the range master.  The range master shall also have full authority as to whether a weapon is in safe operating condition.

 

i)          Upon completion of the training, each student must successfully complete a written examination.  A copy of the examination shall be made available to the Division upon request (e.g., course audit).  The examination shall test the subjects encompassed in both classroom or internet-based instruction and range instruction.  Passage of the examination shall require a score of 75%.

 

j)          Each instructor shall file with the Division, on forms provided by the Division, Certification of Completion of Firearm Training for each student who successfully completes the training.  Upon receipt by the Division of the Certification of Completion of Firearm Training, a Certificate of Training shall be issued to the student which shall bear the training number assigned by the Division.

 

k)         The Certificate of Firearm Training shall be the permanent record of firearm training and shall be retained by the individual as proof of the training.  During the term of the individual's employment with an agency licensed by the Division, the Certificate of Training or a copy shall be filed by the employer with the employee statement required by Section 35-30(b) of the Act and shall remain in the employee file during the term of employment.  Upon termination of employment, the original Certificate of Firearm Training, if in the possession of the employer, shall be returned to the employee.

 

l)          In the case that the employee is employed by more than one employer, a copy of the Certificate of Firearm Training shall be kept with the employee statement required by Section 35-30(b) of the Act in lieu of the original Certificate of Firearm Training.

 

m)        Those persons employed as registered armed employees on August 5, 2003 shall be considered to have completed the training prescribed in this Section except for the annual refresher training established under subsection (o).

 

n)         The training requirements of this Section shall be waived for an individual approved by the Division as a firearm instructor under the provisions of Section 1240.515.  That individual shall, upon application to the Division, be issued a Certificate of Firearm Training by the Division.

 

o)         Every person issued a firearm control card or retired police card by the Division shall complete each calendar year, commencing with the calendar year after the date of the issuance of the firearm control card or retired police card, 8 hours of refresher training which may include subjects listed in subsection (a) as determined by the employer but shall include practice firing of a minimum of 50 rounds of live ammunition and a minimum qualification score of 70% for each type of weapon (revolver, semi-automatic handgun, shotgun, rifle) the person is authorized to carry.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.515  Approval of Firearm Training Programs and Firearm Instructors

 

a)         Any person, business entity, agency, or institution offering the training courses described in Section 1240.505 of this Part shall first apply to and receive approval of the course, based upon compliance with Section 1240.510, from the Division.  Application shall be made on forms provided by the Division and accompanied by the required application fee established under Section 1240.570.

 

b)         Any person teaching the firearms training courses described in Section 1240.510 of this Part must be approved by the Division.  Application for approval shall be on forms provided by the Division and must be accompanied by the required application fee (see Section 1240.570), a current photograph of the applicant, a photocopy of the applicant's valid Firearm Owners Identification Card, which is a continuing requirement of registration, and:

 

1)         Proof that the applicant is recognized and approved by the National Rifle Association (NRA) having taken a Law Enforcement Firearms Instructor Course that includes security personnel within the course.  Proof shall be a copy of the applicant's Certificate from the NRA; or

 

2)         Proof that the applicant is approved and recognized as a range instructor by the Illinois Law Enforcement Police Training and Standards Board.  Proof shall be a copy of the Instructor's Certificate issued by the Law Enforcement Training and Standards Board.  Nothing in this subsection (b)(2) shall obligate the Law Enforcement Police Training and Standards Board to train, recognize or approve range instructors for any purpose other than as specified in the Illinois Police Training Act [50 ILCS 705] and Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710]; or

 

3)         Proof of other firearm instructor education or experience that the Division may consider to be substantially equivalent to subsection (b)(1) or (2), such as experience or education received in military service or federal law enforcement service.

 

c)         Upon application to the Division, any full-time or part-time faculty employed by an institution under the jurisdiction of the Illinois Board of Higher Education or the Illinois Community College Board to teach a firearms training course or security training course shall be approved as satisfying the requirements of this Section.

 

d)         Any firearm training program approved by the Law Enforcement Training and Standards Board shall be approved as satisfying the requirements of this Section.

 

e)         All approvals of firearm instructors shall expire on December 31, 2012 and then every five years thereafter.  Failure to apply for and receive renewal of approval by that date shall cause the Division's previously granted approval to expire.  The approval may be renewed by the firearm instructor by making application for renewal on forms provided by the Division and accompanied by the required renewal fee (see Section 1240.570) and an affirmation by the firearm instructor that the certification or other qualifying basis on which the Division originally granted approval under this Section remains current or in effect.

 

f)         In addition to any other requirements, a firearm instructor applicant shall meet the following:

 

1)         Not have a felony conviction in any jurisdiction or at least 10 years have lapsed since the time of full discharge from a sentence imposed for a felony conviction;

 

2)         Be of good moral character. Good moral character is a continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure, except when the applicant is a registered sex offender;

 

3)         Not be declared incompetent by reason of any court of competent jurisdiction due to intellectual, physical, or developmental disability, unless a court has subsequently declared the applicant to be competent;

 

4)         Attest they will not engage in instruction while impaired due to illness or the use of alcohol, drugs, chemicals, or any other materials;

 

5)         Not be dishonorably discharged from the armed forces of the United States;

 

6)         Not have prior violations of any provision of the Act or this Part.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.520  Permanent Employee Registration Card

 

a)         Any person seeking employee registration under Section 35-30 of the Act shall file an application with the Division, on forms provided by the Division, along with the following:

 

1)         One of the following:

 

A)        Copy of the verification of fingerprint processing from ISP or from one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division;

 

B)        Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP; or

 

C)        In lieu of fingerprints, verification, on forms provided by the Division, of proof of retirement as a peace officer, as defined in Section 5-10 of the Act, within 12 months prior to application.  The verification shall be signed by the applicant's employer;

 

2)         The required registration fee specified in Section 1240.570.

 

b)         An agency may employ an applicant in a temporary capacity in accordance with Section 35-30(k) of the Act by:

 

1)         submitting the required application in accordance with subsection (a) on behalf of the person or verifying with the Division that an application has been submitted for the individual;

 

2)         verifying on the Division's website (www.idfpr.com) that the applicant has no criminal conviction pursuant to the ISP criminal history check;

 

3)         maintaining a separate roster of the names of all employees whose applications are pending; and

 

4)         meeting any other requirements set forth in this Part or the Act.

 

c)         If no record is found relating to the fingerprints and the applicant is otherwise qualified under the Act, the Division shall issue to the applicant a permanent employee registration card that shall be valid for the period specified on the face of the card and shall be renewable upon the conditions set forth in Section 1240.550.

 

d)         A valid permanent employee registration card shall serve as proof to an employer that the bearer is eligible for employment.

 

e)         Exempt employees are as follows:

 

1)         Private Detective.  Persons who have no access to confidential or detective related information and who otherwise do not provide traditional detective related services are exempt from employee registration.  Examples of exempt employees include reception personnel.  Confidential or detective related information is that which pertains to employee files, scheduling, client contracts or technical data.

 

2)         Private Alarm Contractor.  Persons who have no access to confidential or alarm related information and who otherwise do not provide traditional alarm related services are exempt from employee registration.  Examples of exempt employees include, but are not limited to, employees working in the capacity of reception personnel.  Confidential or security information is that which pertains to employee files, scheduling, client contracts or technical alarm data.

 

3)         Private Security Contractor.  Persons who have no access to confidential or security information and who otherwise do not provide traditional security services are exempt from employee registration.  Examples of exempt employees include, but are not limited to, employees working in the capacity of ticket takers, cashiers, drivers, ushers and reception personnel.  Confidential or security information is that which pertains to employee files, scheduling, client contracts or technical security data.

 

4)         Locksmith.  Persons who have no access to confidential or security information and who otherwise do not provide traditional locksmith services, as defined in this Act, are exempt from employee registration.  Examples of exempt employees include, but are not limited to, employees working in the capacity of key cutters, cashiers, drivers, and reception personnel.  Confidential or security information is that which pertains to employee files, scheduling, client contracts, master key charts, access codes, or technical security and alarm data. (Section 30-5(10) of the Act)

 

5)                  Fingerprint Vendor

 

A)        Persons who have no access to confidential or security information and who otherwise do not provide or operate fingerprint equipment or other equipment designed to obtain fingerprint images for the purpose of providing fingerprint images and associated demographic data to ISP are exempt from employee registration.  Examples of exempt employees include, but are not limited to, employees working in the capacity of cashiers, ushers and reception personnel.  Confidential or security information is that which pertains to employee files, scheduling, client contracts or technical security data.

 

B)        No registered employee of a licensed fingerprint vendor agency may operate live scan fingerprint equipment or other equipment designed to obtain fingerprint images for the purpose of providing fingerprint images and associated demographic data to ISP. (Section 31-20(d) of the Act)

 

6)         Individuals currently employed by this State, a political subdivision of this State, or a federal agency as peace officers, as defined in Section 5-10 of the Act, who are in good standing are not required to obtain permanent employee registration cards.  If the individual ceases to be employed as a peace officer, then the agency is required to obtain a permanent employee registration card in accordance with this Section.

 

7)         All employees of any agency licensed under the Act who reside outside of Illinois and who perform no duties in Illinois.

 

8)         Clerical or administrative personnel who do not perform services for clients but prepare or assist in the preparation of reports, memoranda, correspondence or other documents or records that contain confidential information are not exempt from employee registration.

 

f)         A registered employee of a private detective agency shall not hold himself or herself out as a private detective or use the title "private detective", but may use the title "private investigator" provided that he or she reports the name of the private detective agency that employs him or her.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.525  Refusal to Issue Employee Registration Card or Firearm Control Card Due to Criminal History Record Information

 

a)         For purposes of this Section, criminal history record information is defined as information collected by criminal justice agencies (defined in 20 ILCS 2630) on individuals consisting of identifiable descriptions and notation of arrests, detention, indictments, information, or other formal criminal charges, and any disposition arising from those charges, sentencing, correctional supervision and release.  The individual records must contain both information sufficient to identify the subject of the record and notations regarding any formal criminal justice transaction involving the identified individual.

 

b)         In determining whether an applicant for a permanent employee registration card or firearm control card is unfit for such registration because of criminal history record information, the Division shall consider the following standards:

 

1)         Whether the crime was one of armed violence or any two or more repeated acts of violence towards persons or property [720 ILCS 5/Art. 33A] or:

 

A)        Crimes involving dishonesty, false statement or some other element of deceit, untruthfulness or falsification (including, but not limited to perjury, inducement of perjury, false statement, criminal fraud, embezzlement, false pretense, forgery, counterfeiting and theft).

 

B)        Drug offenses including, but not limited to, the Illinois Controlled Substances Act [720 ILCS 570/Art. I] and Federal Drug Enforcement Laws (21 USC 801 et seq.).

 

C)        Sex offenses including, but not limited to, all crimes listed in Article 11 of the Criminal Code of 1961 [720 ILCS 5/Art. 11].

 

2)         Whether the crime is related to the detective, security, alarm or locksmith  profession.

 

3)         Whether more than 10 years have elapsed since the date of completion of imposed sentence.

 

4)         Whether the conviction was from a city ordinance violation or conviction for which a jail sentence was not imposed.

 

5)         Whether the applicant has been sufficiently rehabilitated to warrant the public trust.  The Division shall consider, but not be bound by, the following in considering whether an applicant has been presumed to be rehabilitated:

 

A)        Completion of probation;

 

B)        Completion of parole supervision; or

 

C)        If no parole was granted, a period of 10 years has elapsed after final discharge or release from any term of imprisonment without any subsequent conviction.

 

c)         If any one of the following factors exists, this outweighs the presumption of rehabilitation as defined in subsection (b)(5):

 

1)         Lack of compliance with terms of punishment (i.e., failure to pay fines or make restitution, violation of the terms of probation or parole);

 

2)         Unwillingness to undergo, or lack of cooperation in, medical or psychiatric treatment/counseling;

 

3)         Falsification of an application for registration with the Division;

 

4)         Failure to furnish to the Division additional information or failure to appear for a conference with the Division in relation to the applicant's application for registration.

 

d)         The following criminal history records shall not be considered in connection with an application for registration:

 

1)         Juvenile adjudications;

 

2)         Records of arrest not followed by a conviction;

 

3)         Convictions overturned by a higher court;

 

4)         Convictions that have been the subject of a pardon or expungement.

 

e)         If determination is made that the applicant is unfit for registration, the applicant shall be notified in writing that the Division intends to deny or intends to refuse to renew the permanent employee registration card or firearm control card.  The applicant/licensee shall be given an opportunity to appear at a Division conference regarding the matter.  Failure to appear at the conference shall result in the denial or the refusal to renew an applicant's permanent employee registration card or firearm control card.  If the applicant chooses not to attend the conference, he/she may request a formal hearing regarding the determination prior to final action by the Division in accordance with 68 Ill. Adm. Code 1110.

 

(Source:  Amended at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.530  Firearm Control Cards

 

a)         Except as otherwise provided in this Section, each employer shall make a request to the Division, on forms supplied by the Division, for the issuance of a firearm control card for each licensee or employee whose duties include the use, carrying or possession of a firearm.  Each employee shall have an active permanent employee registration card issued in accordance with Section 1240.520 prior to applying for a firearm control card unless employed by an armed proprietary security force in accordance with Section 1240.400.

 

b)         Upon verification by the Division that the individual licensees or employees have completed the required firearm training course within the 2 years preceding the request for a firearm control card, and meet all the requirements of the Act for issuance of a firearm control card, the Division shall issue a card to the employer for each licensee or employee.  If the licensee's or employee's firearm training was completed more than 2 years before the request for a firearm control card, the employer shall submit evidence that the licensee or employee has completed refresher training as required by Section 1240.410 within one year preceding the request.

 

c)         The firearm control card or retired police card shall be retained by the licensee or employee for the term of employment.  Upon termination of employment, the card and any copies shall be returned to the employer, and the employer shall terminate the firearm control card or retired police card in the Division's online system.

 

d)         No licensee or employee of a licensee may carry a firearm while engaged in the performance of official duties until the requirements of this Section have been satisfied. A licensee or employee who has been issued a license to carry a concealed firearm under the Firearm Concealed Carry Act [430 ILCS 66] is not exempt from compliance with the requirements of this Section. An armed licensee or employee shall be in possession of a valid firearm control card or otherwise be in compliance with this Section at all times that the employee is engaged in employment related duties.

 

e)         If a licensee or employee is employed by more than one agency, regardless of whether the agencies are owned or operated by the same person or different persons, that licensee or employee must possess a separate firearm control card or retired police card for each agency.

 

f)         Individuals employed by this State, a political subdivision of this State, or a federal agency as peace officers, as defined in Section 5-10 of the Act, who are in good standing are not required to obtain firearm control cards.  If the individual ceases to be employed as a peace officer, then the individual is required to obtain a firearm control card in accordance with this Section, unless the individual obtains a permanent employee registration card under Section 1240.520, possesses a valid Firearm Owner's Identification card, and is in compliance with the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C).  If the former peace officer will be carrying a firearm under these latter conditions, the agency employing the individual shall submit notice to the Division by filing an application, on forms provided by the Division, with the fee required under Section 1240.570.  After receipt of this application, the Division will issue a retired police card. The former peace officer may begin performing employment related duties after the agency submits this required application to the Division and while the former peace officer's retired police card is awaiting issuance.  The retired peace officer shall be in possession of a valid retired police card or otherwise be in compliance with this Section at all times that the retired peace officer is engaged in employment related duties.  The retired police card may be renewed upon submission of a renewal application and a renewal fee of $25.

 

g)         A person licensed as a fingerprint vendor or any employee of a licensed fingerprint vendor agency may not possess or carry a firearm in the course of providing fingerprinting services.  This subsection shall not apply to an active duty sworn peace officer acting within the scope of the officer's duties.

 

h)         The Division shall not grant or authorize the issuance of a firearm control card to a fingerprint vendor or any employee of a licensed fingerprint vendor agency unless:

 

1)         the individual is licensed as a private detective, private alarm contractor or private security contractor;

 

2)         the individual is employed by a private detective agency, private alarm contractor agency or private security agency licensed under the Act who carries a weapon while engaged in the performance of his or her official duties providing detective, private security contracting or alarm contractor services within the course and scope of  employment during the hours and times the employee is scheduled to work or is commuting between  home or place of employment, provided that the individual is not providing fingerprinting services while possessing or carrying a firearm; or

 

3)         the person is employed by an armed proprietary security force registered under this Act who carries a weapon while engaged in the performance of  official duties within the course and scope of  employment during the hours and times the employee is scheduled to work or is commuting between  home or place of employment, provided that the individual is not providing fingerprinting services.

 

A)        The firearm control card shall authorize the holder to carry one or more of the following weapons: revolver, semi-automatic handgun, rifle or shotgun.  The firearm control card shall specify which of these weapons the holder is authorized to carry.  Any holder of a firearm control card may carry a stun or taser, tear gas gun projector, or billy club or similar device.

 

B)        Any firearm requalification required under the Act or this Part shall be certified by a registered firearm instructor, the licensee-in-charge of the agency employing the firearm control card holder, or, for a member of an armed proprietary security force, its security director.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.535  Recordkeeping Requirements

 

a)         Each employer licensed under the Act shall maintain a file on each employee pursuant to Section 35-30 of the Act.  The employee file shall be maintained by the agency for 5 years after termination of the employee, shall be accessible to duly authorized representatives of the Division with 24 hours prior notice (72 hours' notice for files more than 2 years old), and shall contain the following information:

 

1)         A photograph of the employee taken within 10 days after the date the employee commences employment.  The photo shall be replaced every 3 calendar years;

 

2)         The employee's statement required in Section 35-30(b) of the Act;

 

3)         All correspondence or documents related to the character and integrity of the employee received by the employer from an official source or law enforcement;

 

4)         The employee identification card of a terminated employee pursuant to Section 35-30(h);

 

5)         A copy of the weapons discharge report, if applicable, during the course of the employee's duties or activities;

 

6)         Application for employment;

 

7)         Certification of Completion of Basic, Additional, Refresher, and Annual Training courses as provided in Section 1240.505 and 1240.506;

 

8)         Certificate of Firearm Training, if applicable (or copy) as provided in Section 1240.510 verified by the licensee in charge;

 

9)         Copy of employee's permanent employee registration card, firearm control card or retired police card, and active Firearm Owner's Identification Card (FOID), if applicable;

 

10)         Certification or copy of completion of firearm refresher training (Section 1240.510);

 

11)         Copy of employee's certification of completion of canine handler training, canine handler authorization card and canine trainer authorization card, if applicable;

 

12)         Copy of the verification of fingerprint processing from ISP or from one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division;

 

13)         A copy of the employer portal found on the Division's webpage (www.idfpr.com) showing that an applicant has no criminal conviction pursuant to the ISP criminal history check for individuals employed prior to issuance of the permanent employee registration card; and

 

14)         For active peace officers, the agency employee file shall include a copy of the current police identification card and, within 14 days after employment a signed and dated letter from the peace officer's chief of police or  designee (or Division verification of employment form) indicating current status as a peace officer, as well as items set forth in subsections (a)(1), (4), (5) and (6).  The agency shall annually re-verify by obtaining another signed and dated letter from the peace officer's chief of police or  designee indicating current status as a peace officer and maintain proof of the employee's qualifications for the peace officer exemption.

 

b)         Private alarm contractors who provide monitoring services shall maintain a separate roster of the names of all licensed agencies and individuals, including license number, from whom they accept monitoring contracts or assignments.  The roster shall be made available to the Division upon 24 hours' notice.  It shall be considered unprofessional conduct, subject to discipline by the Division under section 40-10(a)(3) of the Act, for a licensed alarm contractor or agency to accept monitoring contracts or assignments from an unlicensed entity.

 

c)         Fingerprint Vendors Records

 

1)         A fingerprint vendor or fingerprint vendor agency shall document in the form of a work order the date, time and location where each and every fingerprint service is provided;

 

2)         In order to be fingerprinted by the fingerprint vendor, the vendor shall require each individual seeking to be fingerprinted to present a primary identification, secondary identification, or requesting agency authorized identification as established by this subsection (c)(2). The work order shall describe the form of identification presented by the individual seeking to be fingerprinted.

 

A)       Primary Identification − The work order shall include the name, address, date of birth, aliases, telephone number and driver's license number or Secretary of State issued State identification number from a valid driver's license or Secretary of State issued State identification card of the person requesting to be fingerprinted, the signature of that person, and the Transaction Control Number (TCN) for that fingerprint request.

 

B)         Secondary Identification – The work order shall include all of the information set forth in subsection (c)(2)(A).  However, in the absence of a driver's license or State identification number, the work order shall contain verification that the individual seeking to be fingerprinted provided at least 2 forms of identity verification described within the Identity Verification Program Guide (2014) developed and available from the National Crime Prevention and Privacy Compact Council at the Federal Bureau of Investigation's website (http://www.fbi.gov/services/cjis/compact-council/identity-verification-program-guide-booklet), no later amendments or editions apply.  A copy of the documentation used to establish identity verification shall be attached as part of the work order.

 

C)        Requesting Agency Authorized Identification – The work order shall include all of the information set forth in subsection (c)(2)(A).  If the individual is unable to provide a driver's license, Secretary of State issued State identification or any identity verification set forth in subsection (c)(2)(B), the agency requesting the individual to be fingerprinted must authorize an alternative form of identification to be used to verify the identity of the individual seeking to be fingerprinted.  The work order must contain documentation confirming that the requesting agency authorized the use of an alternative form of identification in the absence of a Primary or Secondary form of identity verification.  A copy of the requesting agency authorized identity verification documentation shall be attached as part of the work order;

 

3)         All work orders shall contain the name and license number of the licensed fingerprint vendor who performed the services;

 

4)         If a licensee is employed by more than one fingerprint vendor agency, the employer that the licensed employee is providing fingerprint services for must be identified on the work order by the agency license number;

 

5)         All work orders, including applicant fee submissions, shall be maintained for a minimum of 2 years from the date of printing.  The records may be maintained in an electronic format so long as the records cannot be altered.  Corrections may be made but must be noted in the record;

 

6)         Each applicant fee submission shall contain the originating identifier (ORI) number of the agency requesting the fingerprints;

 

7)         Beginning January 1, 2014, all work orders, including applicant fee submissions, must contain a photograph of the individual who was fingerprinted.  The photos shall be maintained in an electronic format and shall be forwarded to ISP along with any request for criminal history record information or other information;

 

8)         A licensed fingerprint vendor must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying identifiers and other biometric information when the initial purpose for collecting or obtaining the identifiers or information has been satisfied or after 3 years from the individual's last interaction with the licensed fingerprint vendor, whichever occurs first.  Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a private entity in possession of biometric identifiers or biometric information must comply with its established retention schedule and destruction guidelines; 

 

9)         Work order forms, including applicant fee submissions, required to be kept under this Section shall be available for inspection by the Division or by ISP at the discretion of the Division or ISP, respectively.  The Division shall have the right to audit records of a licensed fingerprint vendor to ensure compliance with the Act and this Part;

 

10)         A licensed fingerprint vendor shall provide and obtain a signed consent form from the applicant prior to the fingerprinting of any individual fingerprinted for all civil submissions (e.g., passport, adoption and employment related criminal background checks).  The privacy statement within the consent form must be pre-approved by ISP;

 

11)         A licensed fingerprint vendor shall provide to a fingerprinted individual a transmission control receipt that includes the transaction control number and the name and license number of the licensed fingerprint vendor taking the fingerprints.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.540 Reporting Requirements

 

a)         All licensees and registrants shall notify the Division in writing within 30 days after any convictions, arrests, felony information, and/or indictments against him or her and shall provide a copy of that notification to his or her current employer, if any.

 

b)         All agencies shall submit a monthly roster of employees with PERC applications pending with the Division.

 

c)         All agencies shall submit a weapons discharge report, on forms provided by the Division, along with the police report of the incident, within 30 days after the incident.

 

(Source:  Amended at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.550  Renewals

 

a)         Beginning with the May 1999 renewal, every individual license issued under the Act shall expire on May 31 every 3 years.  The holder of a license may renew such license during the month preceding the expiration date by paying the required fee set forth in Section 1240.570 and providing proof of liability insurance as evidenced by a certificate of insurance from the insurer.

 

b)         Beginning with the May 1999 renewal, every certificate of registration for an agency and every branch office and armed proprietary security force certificate issued under the Act shall expire on August 31 every 3 years.  The holder of a certificate of registration may renew such certificate during the month preceding the expiration date by paying the required fee.

 

c)         Beginning with the May 2000 renewal, every employee registration card issued under the Act shall expire on May 31 every 3 years.  The holder of the card may renew the card during the month preceding the expiration date by submitting the required fee to the Division.

 

d)         It is the responsibility of each licensee and employee registration card holder to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew one's license or employee registration card or to pay the renewal fee.  Practicing on an expired license or employee registration card is unlicensed practice and subject to discipline under Section 45-10 of the Act.

 

e)         Every firearm control card or retired police card shall expire on the date specified on the face of the card.  The card shall be renewed upon proof that:

 

1)         The employee has completed the refresher course required by Section 1240.510 within one year preceding the renewal date; and

 

2)         The employee continues to be employed by the agency to which the card was issued.

 

f)         No employer shall, after the expiration of a firearm control card or retired police card, employ the holder of the card in an armed capacity.

 

g)         In addition to the other requirements of this Section, fingerprint vendor and/or fingerprint vendor agency licensees, as applicable, shall provide the following in order to renew:

 

1)         verification by the fingerprint vendor agency that the applicant's fingerprinting equipment and software meets all specifications outlined in Section 1240.600 and that the equipment has been scheduled for recertification if required by ISP, or the licensee has received notice from ISP that recertification is not required at the time of renewal.  The licensed agency shall maintain all correspondence or notices related to recertification of equipment that have been received from ISP for a period of 6 years since the last renewal of the vendor's license.  The correspondence or notices shall be made available to the Division upon request.  Current certification with ISP is a continuing requirement of licensure.  The requirements of this subsection (g)(1) shall apply to a fingerprint vendor under the conditions specified in Section 1240.600;

 

2)         verification that the fingerprint vendor licensee or a fingerprint vendor agency on behalf of the fingerprint vendor currently maintains insurance in the type and amounts required in Section 1240.600.  Insurance in the type and amounts required in Section 1240.600 shall be a continuing requirement for licensure;

 

3)         the licensee shall provide proof, acceptable to the Division, that the requirements of subsections (g)(1) and (2) have been met.

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.555  Endorsement (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 7879, effective March 25, 2014)

 

Section 1240.560  Restoration

 

A licensee seeking restoration of a license shall file an application on forms provided by the Division and shall also submit the following:

 

a)         If the license is expired for 6 years or less, the application must be accompanied by the required fees specified in Section 1240.570 or an affidavit attesting to military service as provided in Section 10-25c of the Act.

 

b)         If the license is expired for more than 6 years, the applicant must submit proof of competence to resume practice satisfactory to the Division.  The proof may include active practice in another jurisdiction; an affidavit attesting to military service; or passing a written examination.  The applicant must also submit the required restoration fee specified in Section 1240.570.

 

c)         Any permanent employee registration card expired for less than one year may be restored upon payment of lapsed renewal fees.  Any permanent employee registration card expired for one year or more may be restored by making application to the Division and filing proof acceptable (proof of no past due child support) to the Division of the licensee's fitness to have the permanent employee registration card restored, including verification of fingerprint processing through the Department of State Police and Federal Bureau of Investigation and paying the restoration fee.  (Section 10-25(d) of the Act)

 

d)         If the license expired while the license was suspended or revoked or placed in refuse to renew status, if that expiration occurred 6 years or less prior to application, and if a petition for restoration has been granted by the Director pursuant to section 45-30 of the Act, the application must be accompanied by the required fees specified in Section 1240.570.

 

e)         If the license expired while the license was suspended or revoked or placed in refuse to renew status, if that expiration occurred more than 6 years prior to application, and if a petition for restoration has been granted by the Director pursuant to Section 45-30 of the Act, the applicant must submit proof of competence to resume practice satisfactory to the Division.  This proof may include passing a written examination.  The applicant must also submit the required restoration fee specified in Section 1240.570.

 

f)         An applicant for restoration of a permanent employee registration card that expired while that registration was suspended or revoked or placed in refuse to renew status and for which a petition for restoration has been granted by the Director shall comply with the requirements of subsection (c).

 

(Source:  Amended at 46 Ill. Reg. 16228, effective September 6, 2022)

 

Section 1240.561  Inactive Status

 

a)         Licensees who notify the Division, on forms provided by the Division, may place their licenses on inactive status for a period of not longer than six years and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice.

 

b)         Licensees seeking restoration from inactive status shall do so in accordance with Section 1240.560 of this Part.

 

Section 1240.565  Requests for Duplicate Certificates (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.570  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as a private detective, security contractor, alarm contractor, or locksmith is $500.  In addition, applicants for an examination shall be required to pay, either to the Division or to the designated testing service, a fee covering the cost of providing the examination.  Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

2)         The fee for application for a license as a fingerprint vendor is $150.

 

3)         The fee for application for an agency license is $500.

 

4)         The fee for application for a branch office license is $200.

 

5)         The fee for issuance of a permanent employee registration card is $55.

 

6)         The fee for issuance of a firearm control card is $75.

 

7)         The fee for issuance of an armed proprietary security force registration is $300.

 

8)         The fee for the ISP fingerprint training course is the fee, if any, charged by ISP.

 

9)         The fee for ISP equipment certification or recertification is the fee, if any, charged by ISP.

 

10)         The fee for certification as a firearm instructor is $75.

 

11)         The fee for issuance of a canine handler authorization card is $75.

 

12)         The fee for issuance of a canine trainer authorization card is $100.

 

13)         The fee for approval of a canine handler training program is $100.

 

14)         The fee for approval of a canine instructor training program is $100.

 

15)          The fee for filing a notice pursuant to Section 1240.530(f) (former peace officer serving in an armed capacity) is $25.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a private detective, private alarm contractor, private security contractor or locksmith license shall be calculated at the rate of $150 per year.

 

2)         The fee for the renewal of a fingerprint vendor license shall be calculated at the rate of $50 per year.

 

3)         The fee for the renewal of an agency license is $450 for the renewal period.

 

4)         The fee for the renewal of a branch office license is $200 for the renewal period.

 

5)         The fee for the renewal of a permanent employee registration card is $45 for the renewal period.

 

6)         The fee for the renewal of a firearm control card is $45 for the renewal period.

 

7)         The fee for the renewal of an armed proprietary security force registration is $200 for the renewal period.

 

8)         The fee for renewal of certification as a firearm instructor is $45.

 

9)         The fee for renewal of a canine handler authorization card is $45.

 

10)        The fee for renewal of a canine trainer authorization card is $45.

 

c)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees; the fee for restoration from inactive status is the current renewal fee.

 

2)         The fee for electronic fingerprint processing by ISP or one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division is the cost of processing that shall be made payable to the vendor.

 

3)         The fee for a certification of a licensee’s record for any purpose is $20.

 

4)         The fee to have the scoring of an examination administered by the Division reviewed and verified is $20, plus any fee charged by the testing service.

 

5)         The fee for approval of a firearm training program is $100.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.575  Conduct of Hearings

 

Any hearing conducted by the Division pursuant to Section 45-10 of the Act shall be conducted in accordance with the Division's Rules of Practice in Administrative Hearings (68 Ill. Adm. Code 1110).

 

Section 1240.580  Investigation by the Division

 

a)         The Division may conduct an investigation for the purpose of investigating an applicant or application, an agency, a licensee, a registrant or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a license or registration by the Division.

 

b)         The Division may require an applicant, an agency, a licensee or registrant to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part.  Failure to provide such material shall be grounds for disciplinary action, as authorized by Section 40-10 of the Act.  Nothing in Section 35-10 of the Act shall be construed to interfere with the Division's authority to investigate licensees under the Act.

 

c)         All information collected by the Division in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Division and information collected to investigate any such complaint, shall be maintained for the confidential use of the Division and shall not be disclosed.  The Division may not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Division.  Information and documents disclosed to a federal, state, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person.  A formal complaint filed against a licensee by the Division or any order issued by the Division against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

 

(Source:  Amended at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.585  Granting Variances

 

The Director may grant variances from this Part in individual cases where he/she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

SUBPART G: FINGERPRINT VENDOR

 

Section 1240.600  Application for Licensure – Fingerprint Vendor

 

a)         An applicant for licensure as a fingerprint vendor shall submit an application, on forms supplied by the Division, that shall include the following:

 

1)         verification that the applicant is at least 18 years of age.

 

2)         one of the following:

 

A)        Copy of the verification of fingerprint processing from ISP or from one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division.  Applicants shall not take fingerprints of themselves for processing;

 

B)        Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP at 20 Ill. Adm. Code 1215.50; or

 

C)        In lieu of fingerprints, verification, on forms provided by the Division, of proof of retirement as a peace officer, as defined in Section 5-10 of the Act, within 12 months prior to application.  The verification shall be signed by the applicant's employer.

 

3)         certification issued by ISP that the applicant has successfully completed a fingerprint vendor training course conducted or authorized by ISP.

 

4)         proof of at least $1,000,000 of general liability insurance held by the applicant as evidenced by a certificate of insurance from the insurer.  A fingerprint vendor employed by a licensed fingerprint vendor agency may provide proof that his or her actions as a fingerprint vendor are covered by the liability insurance of his or her employer.

 

5)         the required fees specified in Section 1240.570.

 

6)         certification issued by ISP that the applicant's fingerprinting equipment and software meets all specifications of ISP if the applicant is not employed by a fingerprint vendor agency or is not required to obtain a fingerprint vendor agency license.  Compliance with the ISP fingerprinting equipment and software specifications is a continuing requirement for licensure and shall be provided to Division personnel upon request.

 

7)         proof that the applicant maintains an office location in Illinois and attestation that the applicant will operate from that location when providing fingerprint services unless authorized to provide services from a location other than the stated office location.

 

8)         all other information the Division deems relevant to determine the applicant's qualifications under the Act and this Part.

 

b)         Failure to maintain general liability insurance and failure to provide the Division with written proof of the insurance, upon request, shall result in cancellation of the license without a hearing.

 

c)         In addition to any other requirements, an applicant for licensure shall meet the following:

 

1)         Has not been convicted of any felony in any jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction;

 

2)         Is of good moral character. Good moral character is a continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure, except when the applicant is a registered sex offender;

 

3)         Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent;

 

4)         Is not suffering from dependence on alcohol or from narcotic addiction or dependence;

 

5)         Has not been dishonorably discharged from the armed forces of the United States;

 

6)         Submits his or her fingerprints, in accordance with the provisions of the Act and this Part, including but not limited to the payment of any required fees;

 

7)         Has not violated any provision of the Act or this Part;

 

8)         Pays all required licensure fees.

 

d)         A person licensed as a fingerprint vendor or any employee of a licensed fingerprint vendor agency may not possess or carry a firearm in the course of providing fingerprinting services.  This subsection shall not apply to an active duty sworn peace officer acting within the scope of his or her duties.

 

e)         The Division shall not grant or authorize the issuance of a firearm control card to a fingerprint vendor or any employee of a licensed fingerprint vendor agency unless the person is authorized to carry a firearm under the Act or authorized in accordance with Section 1240.530(h).

 

f)         Upon certification of the applicant's fingerprinting equipment by ISP as provided in subsection (a)(6) or in Section 1240.610(c), an unlicensed person may operate the fingerprinting equipment and otherwise take and submit fingerprints provided that the unlicensed person submits to the Division an application for licensure as a fingerprint vendor within 30 days after the ISP certification.  In addition, the unlicensed person must have successfully completed a fingerprint vendor training course conducted or authorized by ISP.  In the event the Division denies the application, the applicant shall cease operating the fingerprinting equipment and otherwise taking or submitting fingerprints.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.610  Licensure − Fingerprint Vendor Agency

 

a)         An applicant for licensure as a fingerprint vendor agency shall, in accordance with Section 31-15 of the Act, file an application with the Division, on forms provided by the Division, together with the following:

 

1)         Business name and address of the fingerprint vendor agency.  If fingerprint services are provided at a location other than the business address, a branch office license shall not be necessary;

 

2)         Anyone doing business as (d/b/a) names used by the fingerprint vendor agency and proof of legal authorization to use that name;

 

3)         The type of business (sole proprietorship, partnership, corporation, etc.):

 

A)        If a partnership, a listing of all partners and their addresses;

 

B)        If a corporation, a copy of the Articles of Incorporation and a listing of all members of the board of directors.  If the corporation is a foreign corporation, a copy of the authorization to conduct business in Illinois and a list of all members of the board of directors shall be submitted;

 

C)        If a limited liability company, a copy of the Articles of Organization and a listing of all members of the board of directors;

 

4)         The name of the licensed fingerprint vendor who is and who shall remain responsible for the daily activities of the fingerprint vendor agency;

 

5)         The device identification number (ID number) of all fingerprinting machines utilized by the fingerprint vendor agency and their locations; 

 

6)         Certification issued by ISP that the applicant's fingerprinting equipment and software meets all specifications of ISP.  Compliance with the ISP fingerprinting equipment and software specifications is a continuing requirement for licensure.  The certification shall be provided to Division personnel upon request.

 

b)         An applicant for a fingerprint vendor agency shall name at least one officer or executive employee who is a licensed fingerprint vendor under the Act who is responsible for the daily activities of the fingerprint vendor agency, and any unlicensed officers or directors of the corporation or limited liability company who have been determined by the Division to be persons of good moral character.  Maintaining at least one officer or executive employee who is a licensed fingerprint vendor under the Act who shall be responsible for the daily activities of the fingerprint vendor agency shall be a continuing requirement of licensure. 

 

c)         When the accuracy, relevance or sufficiency of any submitted documentation or information is questioned by the Division because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the accuracy, relevance or sufficiency of any submitted documentation or information or lack of information, discrepancies or conflicts in information given.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.620  Fingerprint Vendor – Standards, Unethical, Unauthorized, or Unprofessional Conduct

 

a)         The Division may deny issuance, refuse to renew, or restore or may reprimand, place on probation, suspend, revoke, or take other disciplinary or non-disciplinary action against any license, registration, or permanent employee registration card, and may impose a fine [225 ILCS 447/40-10(a)], based on a finding of unethical, unauthorized or unprofessional conduct, which shall include, but is not limited to, the following acts or practices:

 

1)         Errors and omissions in work orders submitted for print verification or other information, including but not limited to ORI number errors;

 

2)         Errors and omissions in work orders submitted for print verification or other information and not meeting the following standards or levels of performance:

 

A)        Demographic field errors shall not exceed the acceptable accuracy rate established by ISP of those records audited by ISP or its designee during any analyzed audit timeframe;

 

B)        Fingerprint quality rejects shall not exceed the acceptable error rate established by ISP of those records audited by ISP or its designee during any analyzed audit timeframe;

 

C)        Fingerprint visual quality errors shall not exceed the acceptable review rate established by ISP of those records audited by ISP or its designee during any analyzed audit timeframe;

 

3)         Failing to have a clause in all software and/or hardware agreements that a fingerprint vendor licensee enters into to obtain, repair, update and/or maintain fingerprint machines that require a software and/or hardware vendor to maintain the confidentiality of information that may be exposed to the software and/or hardware vendor in obtaining, repairing, updating and/or maintaining a fingerprint machine;

 

4)         Unlicensed practice by any person employed by, authorized by, assisted by in any manner, or permitted by a licensed fingerprint vendor or licensed fingerprint vendor agency that provides fingerprinting services, including, but not limited to, rolling a print or any other activity defined as unlicensed practice;

 

5)         Practicing or offering to practice on an expired or inactive license, constituting unlicensed or unauthorized practice;

 

6)         Failure to maintain a record, for at least 3 years, listing the identification number of the machine used to fingerprint each individual and the location where the individual was fingerprinted;

 

7)         A determination and notice from ISP that a licensee is in noncompliance with ISP procedures, policies or practices, causing ISP to terminate or otherwise limit that licensee's ability to submit fingerprints to ISP;

 

8)         Failure by a licensee to obtain the required consent of any person being printed prior to providing any fingerprint services;

 

9)         Providing, selling or offering to sell or provide any information for a fee or any other valuable consideration any information that has been obtained from a person for whom the licensee is providing or has provided fingerprint services;

 

10)         Sending or providing fingerprint or other criminal history record information to any party other than to the designated authorized party.  "Authorized party" is any party that is authorized by law to request a criminal history record check and receive the results; however, the authorized party shall not be the licensee nor shall fingerprint or other criminal history record information be returned to the licensee;

 

11)         Providing or offering to provide services or using techniques for which one is not qualified by education, training and experience or providing or offering to provide services as a fingerprint vendor without proper licensure;

 

12)         Revealing facts, data or information relating to a client or examinee without the expressed consent of the person to whom fingerprinting services are being offered or are being provided or as allowed by law.  The release of information with "the expressed consent of the client" shall mean that the licensee, prior to the release of the information, has obtained written consent and made certain that the client understood the possible uses or distributions of the information;

 

13)         Making gross or deliberate misrepresentations or misleading claims as to his/her qualifications;

 

14)         Refusing to divulge to the Division, upon request, all information, records, techniques or procedures used in his/her activities or practice;

 

15)         Directly or indirectly giving to or receiving from any person, firm or corporation any fee, commission, rebate or other form of compensation for any professional services not actually rendered;

 

16)         Impersonating another person holding a license or allowing another person to use his/her license to provide fingerprint vendor services;

 

17)         Submission to a third party of fraudulent information relating to any individual;

 

18)         Providing or offering to provide fingerprint services when the licensee has a conflict of interest with the person to whom services are offered or provided.  "Conflict of Interest" shall include but is not limited to those situations in which a licensee currently has or may have had a social, business or other relationship of a nature that might impair, or give the appearance of impairing, the impartiality or independence of the licensee.  The licensee may only continue to provide or offer to provide fingerprint services to the person after the licensee makes full disclosure of the potential conflict on the work order and explains the conflict of interest to the person to whom fingerprinting services are being offered or provided.

 

b)         Any licensee who leases, subcontracts or uses any other similar type of arrangement to provide fingerprint scanning equipment or services to an individual or entity shall remain responsible for the actions of the lessee if the licensee maintains any role in the offering or providing of fingerprint services to the public beyond the mere lease of the equipment, including, but not be limited to, receiving criminal history record information or other personal information from or on behalf of a lessee, transferring fingerprints to ISP on behalf of a lessee, scheduling appointments for printing services for a lessee, or training the lessee's employees to provide or offer to provide fingerprinting services. 

 

c)         ISP shall not accept or process fingerprint requests from any licensee who the Division has revoked, suspended or otherwise disciplined in a manner prohibiting the licensee from taking fingerprints or providing fingerprint services.  The Division shall provide to ISP notice of disciplinary measures taken.

 

d)         A licensee shall conduct all fingerprint services in accordance with applicable local, State and federal law regarding privacy, confidentiality and information release, including but not limited to the Illinois Biometric Information Privacy Act [740 ILCS 14].

 

(Source:  Added at 36 Ill. Reg. 1486, effective February 3, 2012)

 

Section 1240.630  Fingerprint Vendor – Training

 

a)         Every person employed as a registered employee of a fingerprint vendor agency licensed under the Act shall complete, within 30 days after beginning employment, a course of basic training provided by the employing agency.

 

b)         The training shall consist of a minimum of 20 hours related to the individual's employment.  The training shall include, at a minimum, the following subject areas:

 

1)         the agency's retention policy required by Section 1240.535(c);

 

2)         the agency's confidentiality policy required by Section 1240.620(d);

 

3)         responsibilities and duties required by the Act and this Part;

 

4)         general information regarding a Personal Employee Registration Card (PERC), including but not limited to:

 

A)        cause for revoking the card;

 

B)        disciplinary sanctions;

 

C)        renewal; and

 

5)         the basic operation of a Livescan Machine.

 

c)         Upon successful completion of the training prescribed in subsection (b), the employer shall issue to the trainee a Certification of Completion of Basic and/or Refresher Training Course, which shall be signed by the instructor teaching the course.

 

d)         The Certification shall be the permanent record of training and shall be retained by the individual.  During the term of the individual's employment with a licensed agency, the Certification or a certified copy shall be filed by the employer with the employee statement required by Section 35-30(b) of the Act and shall remain in the employee's file during the term of employment.  Upon termination of employment, the original Certification shall be returned to the employee.

 

e)         In the case of an employee who is employed by more than one employer, each employer shall require the employee to complete 20 hours training as required in this Section that is specific to that employer.

 

f)         Training materials shall be made available to the Division, upon request, to allow the Divisions to verify that course content complies with this Section.

 

(Source:  Added at 36 Ill. Reg. 1486, effective February 3, 2012)

SUBPART H: CANINE HANDLER

 

Section 1240.700  Canine Handler Training Course Requirements

 

a)         No licensed private detective, licensed private security contractor, or registered employee of a private detective agency or private security contractor agency shall use or handle a trained canine to protect persons or property or to conduct investigations until that person has satisfactorily completed a canine handler training course approved by the Division and has been issued a canine handler authorization card by the Division.  The canine handler training course shall consist of basic training and specialized training and shall include both classroom instruction and practical field experience as set forth in this Section.

 

b)         Basic training shall consist of a minimum of 100 hours and shall include:

 

1)         canine handling safety procedures;

 

2)         basic veterinary health and wellness principles, including canine first aid;

 

3)         principles of canine conditioning;

 

4)         canine obedience techniques;

 

5)         search patterns and techniques; and

 

6)         legal guidelines affecting canine odor detection operations.

 

c)         Specialized training shall consist of a minimum of 80 hours of additional training related to the particular canine discipline or disciplines in which the canine and canine handler are to be used and may include, without limitation:

 

1)         patrol;

 

2)         narcotics odor detection;

 

3)         explosives odor detection;

 

4)         cadaver odor detection; or

 

5)         any other specialized detection discipline in which the canine and canine handler are to be used.

 

d)         All odor detection certification conducted with the canines shall use the actual explosive materials, controlled substances, fire accelerants, or sample human tissue to which the canine is being trained to identify and respond.

 

e)         All training facilities shall be maintained in a safe and good working condition.  The Division may conduct on-site inspections and may consider the following factors:

 

1)         display of all required licenses under the Act and any other licenses required under federal or State law;

 

2)         safety of persons and property in the area;

 

3)         operational rules and policies;

 

4)         canine training logs;

 

5)         display of canine care logs;

 

6)         storage of training materials;

 

7)         training documentation and records; and

 

8)         kennel facility compliance with United States Department of Agriculture animal welfare guidelines.

 

f)         Upon completion of the training, each canine handler must successfully complete a written and practical examination.  The canine training facility shall make a copy of the examination or a copy of any person's examination or related records available to the Division upon request.  Passage of the written examination shall require a score of 70%.  Passage of the field examination shall be determined by the canine training facility in accordance with certification standards established by the United States Police Canine Association, Inc. (USPCA) (2018/2019), North American Police Work Dog Association (NAPWDA) (2017), no later editions or amendments included, or other nationally recognized and substantially similar standards.  Every canine handler and canine shall be required to recertify annually according to the USPCA or NAPWDA Certification Standards or the certification standards of another nationally recognized canine association accepted by the Division.

 

g)         Each canine trainer shall issue a certification of completion of canine handler training for each person who successfully completes the course.  This certification shall include the name of the canine handler, the name or identification of the canine with which he or she is certified to work, the patrol and/or detection specialty or specialties the canine handler and canine are certified to perform, the name of the canine instructor, and the name of the agency employing the canine instructor.  This certification shall be the permanent record of canine handler training and shall be retained by the canine handler as proof of the training.  During the term of a canine handler's employment with an agency licensed by the Division, the certification or a copy of the certification shall remain in the employee's file as maintained by the employer.  Upon termination of employment, an original certification shall be returned to the employee.

 

h)         Upon application to the Division prior to 7/1/14, any canine handler who completed training from a canine training facility prior to the effective date of this Subpart and whose course syllabus meets or exceeds the requirements of this Section, shall be deemed by the Division to have complied with the requirements of this Section.

 

i)          The training requirements of this Section shall be waived for a person who holds an active canine trainer authorization card issued by the Division.

 

j)          The Division may accept other training as meeting the requirements of this Section if the training was conducted by a law enforcement agency, the military, or a training facility located outside of the State of Illinois and is substantially similar to the training required under this Section.

 

(Source:  Amended at 43 Ill. Reg. 7111, effective June 21, 2019)

 

Section 1240.710  Canine Handler Authorization Card

 

a)         The employer shall make a request to the Division, on forms supplied by the Division, for the issuance of a canine handler authorization card for each employee whose duties include the use or handling of a canine to protect persons or property or to conduct investigations.

 

b)         Upon verification by the Division that the employee has completed the required canine handler training course within the one year preceding the request for a canine handler authorization card, or is exempt under Section 1240.700, has an active private detective license, private security contractor license, or  permanent employee registration card, has paid the required fee, and meets all other requirements of the Act and this Part, the Division shall issue a canine handler authorization card to the employer for the employee.  A photocopy of the certification of completion of canine handler training issued by the canine trainer pursuant to Section 1240.700(g) and submitted with the application for issuance of a canine handler authorization card shall suffice as verification.

 

c)         The canine handler authorization card shall be retained by the employee for the term of employment.  Upon termination of employment, the card shall be returned to the Division by the employer.  In the event an employee fails to return a canine handler authorization card to the employer, the employer shall notify the Division in writing of the failure and the reason why the card was not returned.

 

d)         If an employee is employed by more than one agency, regardless of whether the agencies are owned or operated by the same person or entity or different persons or entities, that employee must possess a separate canine handler authorization card for each agency.

 

e)         All canine handlers and canines certified in either explosives odor detection or narcotics odor detection shall be required to conduct, at a minimum, four hours per week of maintenance training.  Maintenance training shall consist of classroom, self-study or field training exercises performed at the discretion of the agency.  The maintenance training shall be fully documented and maintained by the agency in accord with other training documentation.

 

f)         "Canine handler registration card", as used in Section 35-41 of the Act, means a canine handler authorization card.

 

g)         In the event that the private detective license, private security contractor license, or permanent employee registration card issued to a person who also has been issued a canine handler authorization card is revoked, suspended, not renewed or otherwise terminated, the canine handler authorization card shall be terminated or cancelled.  Any probationary terms or other restrictions imposed upon a private detective license, private security contractor license, or permanent employee registration card shall also be imposed on the person's canine handler authorization card.

 

h)         Every canine handler authorization card shall expire on the date specified on the face of the card.  The card shall be renewed, after payment of the renewal fee, upon proof that:

 

1)         The employee has been recertified on the canine handler field training course within one year preceding the renewal date;

 

2)         The employee continues to be employed by the agency to which the card was issued; and

 

3)         The employee continues to hold a valid private detective license, private security contractor license, or permanent employee registration card.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.720  Canine Handler Training Program

 

a)         Any person, business entity, agency, or institution offering the training courses described in Section 1240.700 shall first apply to and receive approval of the course or courses from the Division and pay the applicable fee.  Application shall be made on forms provided by the Division.

 

b)         Each applicant shall state on its application the types of odor detection training it intends to offer and shall provide copies of the following licenses, as applicable, to the Division prior to receiving canine training course approval:

 

1)         United States Department of Transportation Hazardous Materials Certificate of Registration;

 

2)         Drug Enforcement Administration Controlled Substance Registration;

 

3)         Alcohol, Tobacco, and Firearms User of High Explosives Registration;

 

4)         Illinois Department of Natural Resources Explosives Storage Certificate; or

 

5)         Illinois Department of Financial and Professional Regulation Controlled Substances License Class I, II, IIN.

 

c)         Any canine handler training program approved by the Division that utilizes human remains or human body parts as part of its odor detection training course shall ensure:

 

1)         that the human remains or body parts are procured from a licensed medical facility or other lawful establishment authorized to provide human parts to medical schools, research institutions or canine agencies;

 

2)         that the human remains or human body parts shall be stored and maintained in a manner consistent with all applicable local, state and federal public health codes.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.730  Canine Trainer Authorization Card

 

a)         The employer shall make a request to the Division, on forms supplied by the Division, for the issuance of a canine trainer authorization card for each instructor applicant whose duties include the training of canine handlers and canines to protect persons or property or to conduct investigations.

 

b)         The employer shall submit with its application evidence of the following in regards to each instructor applicant:

 

1)         2 years full-time employment as a canine handler in this or another state; and

 

2)         Either:

 

A)        200 hours of canine instructor training from a program approved by the Division pursuant to this Section; or

 

B)        Proof of other canine instructor education or experience that the Division may consider to be substantially equivalent to subsections (b)(1) and (2), such as experience or education received in military service or local, state or federal law enforcement service.

 

c)         The 200 hours of canine instructor training referenced in subsection (b)(2)(A) shall include all elements of the training specified in Section 1240.700 and additional courses in instruction methods.

 

d)         Upon verification by the Division that the instructor applicant has an active private detective license, private security contractor license, or permanent employee registration card, meets all requirements of the Act and this Part for the issuance of a canine trainer authorization card, and has paid the fee required by Section 1240.570, the Division shall issue a card to the employer for the instructor applicant.

 

e)         The canine trainer authorization card shall be retained by the instructor for the term of employment. Upon termination of employment, the card shall be returned to the Division by the employer. In the event an instructor fails to return a canine trainer authorization card to the employer, the employer shall notify the Division in writing of the failure and the reason why the card was not returned.

 

f)         If an instructor is employed by more than one agency, regardless of whether the agencies are owned or operated by the same person or entity or different persons or entities, that instructor must possess a separate canine trainer authorization card for each agency.

 

g)         In the event that the private detective license, private security contractor license, or permanent employee registration card issued to a person who has been issued a canine trainer authorization card is revoked, suspended, not renewed or otherwise terminated, the canine trainer authorization card shall be terminated or cancelled. Any probationary terms or other restrictions imposed upon a private detective license, private security contractor license, or permanent employee registration card shall also be imposed on the person's canine trainer authorization card.

 

h)         Every canine trainer authorization card shall expire on the date specified on the face of the card. The card shall be renewed, after payment of the renewal fee required by Section 1240.570, upon proof that:

 

1)         The instructor has completed 10 hours of canine instructor training from a program approved by the Division since the card's issuance or last renewal;

 

2)         The instructor continues to be employed by the agency to which the card was issued; and

 

3)         The instructor continues to hold a valid private detective license, private security contractor license, or permanent employee registration card.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)

 

Section 1240.740  Canine Handler and Canine Training Instructor – Unprofessional Conduct

 

The Division may deny issuance, or refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or non-disciplinary action against any license, registration, permanent employee registration card, canine handler authorization card, canine trainer authorization card, or firearm control card, and may impose a fine not to exceed $10,000 for each violation, (Section 40-10 of the Act) based on a finding of unprofessional conduct, which shall include, but is not limited to, the following acts or practices:

 

a)         Failure to comply with all federal and State requirements regarding the, transportation of explosives, including obtaining the appropriate driver's license endorsement from the Illinois Secretary of State, as well as regulations regarding the proper placarding of vehicles used in the transport of the explosives; or

 

b)         Failure to maintain the highest level of dignity and respect for human remains or human body parts while in possession of the remains or body parts or while displaying or utilizing them for any training program or other purpose.

 

(Source:  Added at 36 Ill. Reg. 9938, effective July 13, 2012)