AUTHORITY: Implementing and authorized by Sections 3 and 3.1 of the Criminal Identification Act [20 ILCS 2630/3 and 3.1] and authorized by Section 15 of the Civil Administrative Code of Illinois [20 ILCS 2605/15].

SOURCE: Adopted at 21 Ill. Reg. 1210, effective January 10, 1997; amended at 37 Ill. Reg. 16834, effective October 3, 2013; expedited correction at 38 Ill. Reg. 4524, effective October 3, 2013.

SUBPART A: PROMULGATION

 

Section 1265.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for  the electronic transmission of fingerprint data to the Illinois State Police.

 

Section 1265.20  Definitions

 

The following definitions shall apply to this Part:

 

"Department" means the Illinois Department of State Police.

 

"FBI" means the Federal Bureau of Investigation.

 

"Electronic transmission" means the transmission of data by electronic method.

 

"Fee applicant process" means the procedure used by noncriminal justice agencies and other entities in conducting fingerprint-based criminal history background investigations of prospective employees or licensees.  This term does not include inquiries made under the provisions of the Uniform Conviction Information Act.

SUBPART B: OPERATIONS

 

Section 1265.30  Requirements

 

a)         Fingerprint images, a photograph (beginning January 1, 2014) of the individual being fingerprinted, and related alpha numeric identification data submitted to the Department for the purpose of the fee applicant process shall be submitted by means of electronic transmission.

 

b)         Electronic transmission of fingerprint data to the Department shall be accomplished utilizing livescan procedures or other comparable technology approved for use by the Department.

 

c)         Electronic transmission of data and a photograph of the individual being fingerprinted are required for all fee applicant process inquiries to the Department and all fee applicant process inquiries made to the FBI through the Department. The effective date of the photograph requirement is January 1, 2014.

 

d)         In the event of equipment malfunction or other special circumstance that makes electronic transmission of fingerprint data impractical, the Department may allow limited use of paper fingerprint records for fee applicant submissions.

 

e)         Applicants with a physical handicap or ailment, when taking the applicant's photo would cause the applicant harm in any way, are excluded from the photo requirement.

 

(Source:  Amended at 37 Ill. Reg. 16836, effective October 3, 2013; expedited correction at 38 Ill. Reg. 4524, effective October 3, 2013)