TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Section 2900.100 Definitions
The following definitions apply to this Subpart.
"Act" means the Firearms Concealed Carry Act [430 ILCS 66].
"CCLRB" or "Concealed Carry Licensing Review Board" means the Board created under Section 20 of the Act to review objections filed by the Department or another law enforcement agency to the licensure of an FCCL applicant and to make a determination of whether licensure of that applicant would pose a danger to the applicant or others, or constitute a threat to the public safety. The Board is comprised of 7 members appointed by the Governor.
"CCLRB Staff" means personnel of the Department assigned to provide staff support to the CCLRB.
"Chairperson" means the person assigned by the Governor to serve as the Chairperson of the Board and any Acting Chairperson appointed by the Chairperson, or, if the Chairperson is unable to select this substitute, by the majority vote of the remaining commissioners, to serve in the absence of the Chairperson for individual periods of up to 30 days.
"Commissioner" means any person appointed by the Governor to serve as a member of the CCLRB.
"Department" means the Illinois Department of State Police.
"Executive Director" means the individual appointed to supervise the CCLRB staff.
"License" means Firearms Concealed Carry License issued pursuant to the Act.
Section 2900.110 Meetings of the CCLRB
a) Meetings shall be called at the request of the Chairperson, as often as reasonably necessary to satisfy the CCLRB's obligations under the Act. Whenever practicable, the Chairperson shall give commissioners a minimum of 5 calendar days' advance notice prior to the date of a meeting.
b) The Chairperson shall preside over all meetings.
c) A quorum of the CCLRB shall be 4 members. If a quorum is in in attendance at a meeting, other Commissioners may attend telephonically or electronically (including via video conference).
d) An electronic database shall be maintained for the purpose of providing Commissioners with information on objections they are reviewing and through which Commissioners can cast votes on issues placed before them.
1) Votes shall be cast by the Commissioners during a meeting, within the time period the Chairman declares open for the purpose of voting on a particular issue.
2) In the event of a tie vote brought about due to absence or abstention of a Commissioner, the CCLRB will request of the applicant, pursuant to Section 20(f) of the Act, another 30 days to consider the objection, and may also request any additional information necessary to resolve the tie vote.
e) Section 20(e) of the Act says that the Board may only consider information submitted by the Department, a law enforcement agency or the applicant. Other individuals shall not attempt to provide information concerning an applicant to the CCLRB. If any commissioner receives any information regarding an applicant from a source other than the Department, that information shall be promptly forwarded to the Chairperson and shall not be considered.
Section 2900.120 Conflicts of Interest
a) No commissioner, including the Chairperson, shall participate in any CCLRB business, including, but not limited to, voting, when that commissioner has a conflict of interest.
b) For the purposes of this Section, whether a commissioner has a conflict of interest shall be determined by the following guidelines:
1) A commissioner has a conflict of interest in a matter if the commissioner's interest, through business, investment, personal relationship or family, reasonably creates the appearance of impropriety in the performance of his or her duties on the CCLRB.
2) Examples of conflicts of interest include, but are not limited to, the following:
A) using public office for direct or indirect private gain;
B) giving preferential treatment to any organization or person;
C) losing independence or impartiality of action;
D) making a government decision outside official channels; or
E) otherwise adversely affecting the confidence of the public in the integrity of the CCLRB.
Prior to the CCLRB taking any action on a matter in which a commissioner has or may have a conflict of interest, the interested commissioner shall disclose that interest to the other commissioners.
d) Determination of Conflict of Interest
A commissioner may use any of the following procedures to determine whether his or her own interest or the interest of another commissioner constitutes a conflict of interest:
1) The commissioner may request the advice of the CCLRB's Executive Director, who shall promptly render a recommendation to the CCLRB; or
2) The commissioner may ask the CCLRB to determine whether the interest constitutes a conflict of interest.
A) The CCLRB shall ask the commissioner with the potential conflict of interest to leave the meeting during any discussion or deliberation regarding whether a conflict of interest exists.
B) A majority of the non-interested commissioners present at a meeting at which a quorum is present shall determine whether a conflict of interest exists.
C) The interested commissioner shall be counted for purposes of determining whether a quorum is present, but shall not participate in the deliberations or vote regarding whether a conflict of interest exists.
e) Prior to any determination of a conflict of interest and, even if, after a determination, a conflict of interest is found not to exist, the reporting commissioner may indicate his or her decision to abstain from any CCLRB action regarding the matter as to which the potential conflict of interest exists and, when appropriate, to absent himself or herself from any CCLRB discussion and determination of the pending matter.
f) Procedure When a Conflict of Interest is Determined
Upon the CCLRB's determination that a conflict of interest exists, the commissioner with the conflict of interest shall not participate in the CCLRB's discussion and determination of the matter. In addition, when appropriate, the commissioner with the conflict of interest shall absent himself or herself from any deliberations and determinations.
Section 2900.130 Department Liaison to CCLRB
a) Pursuant to Section 20 of the Act, the CCLRB, independently from the Department, shall serve to review objections by law enforcement agencies. The Department shall not in any way influence the vote of the CCLRB.
b) The Department shall designate an employee to provide logistical and administrative assistance only regarding the electronic computer database established for recording votes regarding objections, as may be required or requested by the Executive Director.
Section 2900.140 Consideration of Objections
a) The CCLRB will review all objections presented by local law enforcement agencies or the Department. In its review of objections, the CCLRB shall consider only the following information:
1) any material properly submitted by the objecting local law enforcement agency or the Department pursuant to Section 15 of the Act;
2) any material properly submitted by the applicant; and
3) any additional information requested by the CCLRB pursuant to subsection (b).
b) The CCLRB may request additional information from the objecting law enforcement agency, the Department or the applicant.
1) If the applicant has not previously submitted electronic fingerprints to the Department and there is a question of whether the objection pertains to the applicant that the submission of electronic fingerprints may resolve, the applicant shall be required to submit those fingerprints within 30 days after receipt of a notice from the CCLRB that the fingerprints will be required.
2) If the applicant or law enforcement does not provide the fingerprints or other information requested by the CCLRB within the timeframe allotted by statute, the CCLRB will enter a final disposition based solely on consideration of the information already properly submitted.
c) The CCLRB, by a vote of at least 4 commissioners, may request testimony at a hearing from a representative of the objecting law enforcement agency, from a representative of the Department, or from the applicant or the applicant's counsel; however, hearings shall be limited to circumstances that cannot be resolved to the CCLRB's satisfaction through written communication with the parties.
d) If the CCLRB votes to hold a hearing on the objection, the CCLRB shall notify the applicant and the objecting party in writing of the need for, as well as the date, time and location of, the hearing.
e) CCLRB will review an objection to determine whether the objection appears sustainable on its face or in light of any information the CCLRB has obtained pursuant to subsection (b) or (c). Within 10 calendar days after determining that an objection appears sustainable, the CCLRB shall send the applicant notice of the objection, including the basis of the objection and the agency submitting the objection. This determination of a sustainable objection is not a final administrative decision of the Board and shall not be reported as such to the Department.
1) The applicant shall have 15 days after receipt of the notice to submit any additional material in response to the objection that the applicant wants the CCLRB to consider.
2) The CCLRB will consider any additional information received during the 15 day period. Once the 15 day period has elapsed, the CCLRB will not consider any additional information received.
3) Unless it is determined that a hearing is necessary pursuant to subsection (c), the objection shall be considered, along with any additional information received, at the next meeting held at the call of the Chairperson. If a hearing is held, then the objection shall be considered following the hearing.
Section 2900.150 Hearings of the CCLRB
a) Hearings of the CCLRB may be conducted when a quorum of the commissioners is present in person, by video, telephonically or by other electronic means. The hearing shall be recorded.
b) The CCLRB shall determine the date, time and location of any hearing. The CCLRB shall make reasonable efforts to hold the hearing at a date, time and location convenient to all parties.
c) The Chairperson shall preside over the hearing.
d) Any testimony requested by the CCLRB shall be under oath or affirmation.
e) Applicants and law enforcement agencies requested to participate in hearings of the CCLRB may be represented by counsel and present evidence relating to the local law enforcement or Department objection. Hearings shall be closed to the public.
f) The procedures for admissibility of evidence shall be as described in Section10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40] and as ordered by the Chairperson.
g) Deliberations of the CCLRB, upon conclusion of a hearing held pursuant to this Section, shall be held in executive session without the applicant or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140].
h) No later than 35 days from the date of any final administrative decision by the CCLRB concerning eligibility for a license, the applicant may make a written request to the CCLRB for a transcript of the recording made at the hearing.
1) The cost of transcription shall be the responsibility of the applicant.
2) Fees shall not exceed the actual cost for the preparation of the transcript.
3) The record need not be transcribed unless the CCLRB receives a written request and fee from the applicant in accordance with this Section.
Section 2900.160 Decisions of the CCLRB
a) The CCLRB shall make a record, electronically or by other reliable means, of the final votes cast by each individual commissioner during meetings held at the call of the Chairperson.
b) Upon a vote to overrule an objection, the CCLRB shall send the Department notice of its decision that the applicant does not pose a danger to himself or herself or others and is not a threat to public safety via an electronic transmission using the electronic computer database established for recording votes to objections.
c) If, upon consideration of an objection and any information obtained pursuant to Section 2900.140, the CCLRB determines by a preponderance of the evidence that the applicant poses a danger to himself or herself or to others, or is a threat to public safety, and is therefore ineligible for a license, the CCLRB shall notify the applicant. The CCLRB will also notify the Department of its determination using the electronic computer database. The CCLRB shall make a record of the basis for its finding that the applicant is ineligible for a license.
d) Upon electronic transmission to the Department of a final decision by the CCLRB that an applicant is ineligible for a license under Section 20 of the Act, the CCLRB decision shall be final and subject to judicial review pursuant to 20 Ill. Adm. Code 1231.170.
Section 2900.170 CCLRB Reporting
Pursuant to Section 20(i) of the Act, the CCLRB shall report monthly to the Governor and to the General Assembly the following information:
a) the number of objections it has received;
b) the number of objections it has affirmed; and
c) the number of times a decision to deny an applicant a license was because the applicant poses a danger to himself or herself, the applicant poses a danger to others, or the applicant poses a threat to public safety.