Section 1480.61  Consideration of Past Crimes in Licensing Hearings

Notwithstanding the prohibitions set forth in Sections 40 and 45 of the Act, when considering the denial of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:

a)         The nature and severity of the act or crime under consideration as grounds for denial.

b)         Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, which also could be considered as grounds for disciplinary action under the Act.

c)         The amount of time that has lapsed since the commission of the act or crime referred to in subsection (a) or (b).

d)         The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant as of the date of the hearing as evidenced by: 

1)         Satisfactory termination of the applicant's sentence;

2)         Applicant's compliance with all requirements and conditions of parole, probation, conditional discharge, term of imprisonment or any other lawfully imposed sentence;

3)         Applicant's compliance with paying any fees, fines, court costs or restitution imposed by the court as part of the sentence.

e)         Evidence, if any, of rehabilitation submitted by the applicant [225 ILCS 422/85], such as:

1)         Bestowment onto the applicant of certifications or commendations subsequent to a conviction for a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] that demonstrate a decrease in propensity toward the behavior that previously caused the applicant to become convicted;

2)         Applicant's successful participation in special programs or counseling groups designed to decrease the propensity toward the behavior that previously caused the applicant to become convicted of a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession.  [225 ILCS 422/80]

(Source:  Added at 38 Ill. Reg. 5821, effective March 14, 2014)