(225 ILCS 447/40-10)

(Text of Section before amendment by P.A. 103-309)

(Section scheduled to be repealed on January 1, 2029)

Sec. 40-10. Disciplinary sanctions.

(a) The Department 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, permanent employee
registration card, canine handler authorization card, canine trainer authorization card, or firearm control

card, may
impose a fine not to exceed $10,000 for each violation, and may assess costs as provided for under Section 45-60, for
any of the following:

(1) Fraud, deception, or misrepresentation in obtaining or renewing of a license or

registration.

(2) Professional incompetence as manifested by poor
standards of service.

(3) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely

to deceive, defraud, or harm the public.

(4) Conviction of or plea of guilty or plea of nolo contendere to a felony or

misdemeanor in this State or any other jurisdiction or the entry of an administrative sanction by a government agency in this State or any other jurisdiction; action taken under this paragraph (4) for a misdemeanor or an administrative sanction is limited to a misdemeanor or administrative sanction that has as an essential element of dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game.

(5) Performing any services in a grossly negligent manner or permitting any of a

licensee's employees to perform services in a grossly negligent manner, regardless of whether actual damage to the public is established.

(6) Continued practice, although the person has become unfit to practice due to any of

the following:

(A) Physical illness, mental illness, or other impairment, including, but not

limited to, deterioration through the aging process or loss of motor skills that results in the inability to serve the public with reasonable judgment, skill, or safety.

(B) (Blank).

(C) Habitual or excessive use or abuse of drugs defined in law as controlled

substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.

(7) Receiving, directly or indirectly, compensation
for any services not rendered.

(8) Willfully deceiving or defrauding the public on
a material matter.

(9) Failing to account for or remit any moneys or documents coming into the licensee's

possession that belong to another person or entity.

(10) Discipline by another United States jurisdiction, foreign nation, or governmental

agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.

(11) Giving differential treatment to a person that is to that person's detriment

because of race, color, creed, sex, religion, or national origin.

(12) Engaging in false or misleading advertising.

(13) Aiding, assisting, or willingly permitting another person to violate this Act or

rules promulgated under it.

(14) Performing and charging for services without authorization to do so from the person

or entity serviced.

(15) Directly or indirectly offering or accepting any benefit to or from any employee,

agent, or fiduciary without the consent of the latter's employer or principal with intent to or the understanding that this action will influence his or her conduct in relation to his or her employer's or principal's affairs.

(16) Violation of any disciplinary order imposed on
a licensee by the Department.

(17) Performing any act or practice that is a violation of this Act or the rules for the

administration of this Act, or having a conviction or administrative finding of guilty as a result of violating any federal or State laws, rules, or regulations that apply exclusively to the practices of private detectives, private alarm contractors, private security contractors, fingerprint vendors, or locksmiths.

(18) Conducting an agency without a valid license.

(19) Revealing confidential information, except as required by law, including but not

limited to information available under Section 2-123 of the Illinois Vehicle Code.

(20) Failing to make available to the Department, upon request, any books, records, or

forms required by this Act.

(21) Failing, within 30 days, to respond to a written request for information from the

Department.

(22) Failing to provide employment information or experience information required by the

Department regarding an applicant for licensure.

(23) Failing to make available to the Department at the time of the request any indicia

of licensure or registration issued under this Act.

(24) Purporting to be a licensee-in-charge of an agency without active participation in

the agency.

(25) A finding by the Department that the licensee, after having his or her license

placed on probationary status, has violated the terms of probation.

(26) Violating subsection (f) of Section 30-30.
(27) A firearm control card holder having more firearms in his or her immediate

possession than he or she can reasonably exercise control over.

(28) Failure to report in writing to the Department, within 60 days of an entry of a

settlement or a verdict in excess of $10,000, any legal action in which the quality of the licensee's or registrant's professional services was the subject of the legal action.

(b) All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.

(c)  The Department shall adopt rules that set forth standards of service for the following:

          (i) acceptable error rate in the transmission of fingerprint images and other data to the Illinois State Police;

          (ii) acceptable error rate in the collection and documentation of information used to generate
                fingerprint work orders;

          and (iii)  any other standard of service that affects fingerprinting services as determined by the
                 Department.

The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient.

(Source: P.A. 102-538, eff. 8-20-21.)

(Text of Section after amendment by P.A. 103-309)