TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.10 APPLICATION FOR EXAMINATION AND LICENSURE PRIVATE DETECTIVE
Section 1240.10 Application for Examination and
Licensure – Private Detective
a) Applications
for licensure by examination, together with all supporting documentation,
including verification of work experience, must be on file at least 60 days prior
to the date of the examination.
b) No
candidate shall be admitted to the examination until having fulfilled the
experience and/or education requirements specified in Section 15-10(a)(6) of
the Act. To determine such fulfillment, the following standards shall be
applied:
1) The
term "year" shall be 12 months with an average of at least 20 work
days per month during which the applicant was engaged in full-time employment
equal to 1500 hours or more annually.
2) "Full‑time
investigator in a law enforcement agency" shall mean a sworn peace officer,
as defined in Section 5-10 of the Act, who serves in the capacity of a full-time
detective/investigator or above rank.
c) The
passing grade on the examination is 70 or above.
d) Upon
notification of successful completion of the examination, the applicant may
apply to the Department of Financial and Professional Regulation-Division of
Professional Regulation (Division) for licensure. The application must be
complete and must be accompanied by:
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 fingerpints, 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 in lieu of fingerprints. The verification shall
be signed by the applicant's employer;
2) 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; and
3) The
required fees specified in Section 1240.570.
e) A
successful examination score shall be valid for 3 years. After 3 years the
examination score will be void and an applicant will be required to file a new
application, meeting the requirements at the time of the new application, and
will be required to sit for and pass the examination.
f) 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
lapsed 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 the applicant 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.
g) For
applicants utilizing the experience referenced in Section 15-10(c) where proof
of canine odor detection services for hire since January 1, 2005 is required, at
least the following shall be included:
1) Certified
copies of a minimum of three canine odor detection services contracts prior
January 1, 2005.
2) A
completed VE-DET form to document the work experience in canine odor detection
services since January 1, 2005.
(Source: Amended at 38 Ill.
Reg. 7879, effective March 25, 2014)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.20 APPLICATION FOR LICENSURE PRIVATE DETECTIVE AGENCY
Section
1240.20 Application for Licensure – Private Detective Agency
a) An
applicant for licensure as a private detective agency shall, in accordance with
Section 15-15 of the Act, file an application with the Division, on forms
provided by the Division, together with the following:
1) Agency
name, address and telephone number of principal office in Illinois where
services are provided. A post office box by itself is not acceptable.
2) If
the agency does not maintain a principal office in Illinois, the address and
telephone number of its out-of-state office where its licensee-in-charge is
located and records of its operations within Illinois are kept in compliance
with the requirements of the Act and this Part. A post office box by itself is
not acceptable.
3) Name
and Illinois private detective license number of its licensee-in-charge.
4) The required fees
specified in Section 1240.570.
5) The type of business
(sole proprietorship, partnership, corporation, etc.).
A) If a
sole proprietorship, the name of the owner and his or her license number;
B) If a partnership, a
listing of all partners and their license numbers;
C) If a
corporation, a copy of the Articles of Incorporation, a Certificate of Good
Standing issued by the Secretary of State within the previous 60 days, and a
listing of the officers and directors of the corporation, including license
numbers, if applicable. If using an assumed name (d/b/a), a copy of the assumed
name registration issued by the Secretary of State. If the corporation is a
foreign corporation, a copy of the authorization to conduct business in Illinois;
D) If a
limited liability company, a copy of the Articles of Organization, a
Certificate of Good Standing issued by the Secretary of State within the
previous 60 days, and a listing of the members of the limited liability company
and their license numbers, if applicable.
b) The
name of the agency shall not include the words "law enforcement" or
"police" or any other words or combination that implies that the
agency is a law enforcement or police agency or a governmental agency.
c) Any
unlicensed officers, directors or members of the applicant corporation or
limited liability company shall be persons of good moral character as
determined by the Division.
d) 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 or any of its owners, partners, officers,
directors or members 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: Added at 36 Ill. Reg. 9938,
effective July 13, 2012)
SUBPART B: PRIVATE ALARM
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.100 APPLICATION FOR EXAMINATION AND LICENSURE PRIVATE ALARM CONTRACTOR
Section 1240.100 Application for Examination and
Licensure – Private Alarm Contractor
a) Application
for licensure by examination, together with all supporting documentation,
including verification of work experience, must be on file at least 60 days
prior to the date of examination.
b) No
candidate shall be admitted to the examination until having fulfilled the
experience and/or education requirements specified in Section 20-10(a)(6) of
the Act. To determine such fulfillment, the term "year" shall be 12
months with an average of at least 20 work days per month during which the
applicant was engaged in full-time employment equal to 1500 hours or more
annually.
c) The
passing score on the examination is 70 or above.
d) Upon
notification of successful completion of the examination, the applicant may
apply to the Division for licensure. The application shall include:
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) 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; and
3) The
required fees specified in Section 1240.570.
e) A
successful examination score shall be valid for 3 years. After 3 years the
examination score will be void and an applicant will be required to file a new
application, meeting the requirements at the time of the new application, and
will be required to sit for and pass the examination.
f) 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
lapsed 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 the applicant 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.
(Source: Amended at 38 Ill.
Reg. 7879, effective March 25, 2014)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.110 APPLICATION FOR LICENSURE PRIVATE ALARM CONTRACTOR AGENCY
Section
1240.110 Application for Licensure – Private Alarm Contractor Agency
a) An
applicant for licensure as a private alarm contractor agency shall, in
accordance with Section 20-15 of the Act, file an application with the
Division, on forms provided by the Division, together with the following:
1) Agency
name, address and telephone number of principal office in Illinois where
services are provided. A post office box by itself is not acceptable.
2) If
the agency does not maintain a principal office in Illinois, the address and
telephone number of its out-of-state office where its licensee-in-charge is
located and records of its operations within Illinois are kept in compliance
with the requirements of the Act and this Part. A post office box by itself is
not acceptable.
3) Name
and Illinois private alarm contractor license number of its licensee-in-charge.
4) The
required fees specified in Section 1240.570.
5) The
type of business (sole proprietorship, partnership, corporation, etc.).
A) If a
sole proprietorship, the name of the owner and his or her license number;
B) If a
partnership, a listing of all partners and their license numbers;
C) If a
corporation, a copy of the Articles of Incorporation, a Certificate of Good
Standing issued by the Secretary of State within the previous 60 days, and a
listing of the officers and directors of the corporation, including license
numbers, if applicable. If using an assumed name (d/b/a), a copy of the
assumed name registration issued by the Secretary of State. If the corporation
is a foreign corporation, a copy of the authorization to conduct business in Illinois;
D) If a
limited liability company, a copy of the Articles of Organization, a
Certificate of Good Standing issued by the Secretary of State within the
previous 60 days, and a listing of the members of the limited liability company
and their license numbers, if applicable.
b) The
name of the agency shall not include the words "law enforcement" or "police"
or any other words or combination that implies that the agency is a law
enforcement or police agency or a governmental agency.
c) Any
unlicensed officers, directors or members of the applicant corporation or
limited liability company shall be persons of good moral character as
determined by the Division.
d) When
the accuracy, relevance or sufficiency of any submitted documentation or
information is questioned by the Division because of a lack of information, discrepancies
or conflicts in information given, or a need for clarification, the applicant
seeking licensure or any of its owners, partners, officers, directors or
members 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: Added at 36 Ill.
Reg. 9938, effective July 13, 2012)
SUBPART C: PRIVATE SECURITY
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.200 APPLICATION FOR EXAMINATION AND LICENSURE PRIVATE SECURITY CONTRACTOR
Section 1240.200 Application for Examination and
Licensure – Private Security Contractor
a) Applications
for licensure by examination, together with all supporting documentation,
including verification of work experience, must be on file at least 60 days
prior to the date of the examination.
b) No
candidate shall be admitted to the examination until having fulfilled the
experience and/or education requirements specified in Section 25-10(a)(6) of
the Act. To determine such fulfillment, the following standards shall be
applied:
1) The
term "year" shall be 12 months with an average of at least 20 work
days per month during which the applicant was engaged in full-time employment
equal to 1500 hours or more annually.
2) "Full‑time
supervisor in a law enforcement agency" shall mean a sworn peace officer
serving in a full-time position responsible for the direction and performance
of other law enforcement personnel.
c) The
passing grade on the examination is 70 or above.
d) Upon
notification of successful completion of the examination, the applicant may
apply to the Division for licensure. The application must be complete and must
be accompanied by:
1) One
of the following:
A) Copy
of the verification of electronic 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 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) 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; and
3) The
required fees specified in Section 1240.570.
e) A
successful examination score shall be valid for 3 years. After 3 years the
examination score will be void and an applicant will be required to file a new
application, meeting the requirements at the time of the new application, and
will be required to sit for and pass the examination.
f) 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
lapsed 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 the applicant 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.
g) For
applicants utilizing the experience referenced in Section 25-10(c) where proof
of canine odor detection services for hire since January
1, 2005 is required, at least the following shall be included:
1) Certified
copies of a minimum of three canine odor detection services contracts prior January
1, 2005.
2) A
completed VE-DET form to document the work experience in canine odor detection
services since January 1, 2005.
(Source: Amended at 38 Ill.
Reg. 7879, effective March 25, 2014)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.210 APPLICATION FOR LICENSURE PRIVATE SECURITY CONTRACTOR AGENCY
Section
1240.210 Application for Licensure – Private Security Contractor Agency
a) An
applicant for licensure as a private security contractor agency shall, in
accordance with Section 25-15 of the Act, file an application with the
Division, on forms provided by the Division, together with the following:
1) Agency
name, address and telephone number of principal office in Illinois where
services are provided. A post office box by itself is not acceptable.
2) If
the agency does not maintain a principal office in Illinois, the address and
telephone number of its out-of-state office where its licensee-in-charge is
located and records of its operations within Illinois are kept in compliance
with the requirements of the Act and this Part. A post office box by itself is
not acceptable.
3) Name
and Illinois private security contractor license number of its
licensee-in-charge.
4) The
required fees specified in Section 1240.570.
5) The
type of business (sole proprietorship, partnership, corporation, etc.).
A) If a
sole proprietorship, the name of the owner and his or her license number;
B) If a
partnership, a listing of all partners and their license numbers;
C) If a
corporation, a copy of the Articles of Incorporation, a Certificate of Good
Standing issued by the Secretary of State within the previous 60 days, and a
listing of the officers and directors of the corporation, including license
numbers, if applicable. If using an assumed name (d/b/a), a copy of the
assumed name registration issued by the Secretary of State. If the corporation
is a foreign corporation, a copy of the authorization to conduct business in Illinois;
D) If a
limited liability company, a copy of the Articles of Organization, a
Certificate of Good Standing issued by the Secretary of State within the
previous 60 days, and a listing of the members of the limited liability company
and their license numbers, if applicable.
b) The
name of the agency shall not include the words "law enforcement" or "police"
or any other words or combination that implies that the agency is a law
enforcement or police agency or a governmental agency.
c) Any
unlicensed officers, directors or members of the applicant corporation or
limited liability company shall be persons of good moral character as
determined by the Division.
d) When
the accuracy, relevance or sufficiency of any submitted documentation or
information is questioned by the Division because of a lack of information,
discrepancies or conflicts in information given, or a need for clarification,
the applicant seeking licensure or any of its owners, partners, officers,
directors or members 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: Added at 36 Ill.
Reg. 9938, effective July 13, 2012)
SUBPART D: LOCKSMITH
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.300 APPLICATION FOR EXAMINATION AND LICENSURE LOCKSMITH
Section 1240.300 Application for Examination and
Licensure – Locksmith
a) An
individual seeking licensure by examination as a locksmith shall make
application to the Division, on forms provided by the Division, at least 60
days prior to the examination. The application form shall include questions
necessary for the Division to establish that the applicant meets the
qualifications for licensure specified in Section 30-10 of the Act.
b) The
passing score on the examination is 70 or above.
c) Upon
notification of successful completion of the examination, the applicant may
apply to the Division for licensure. The application shall include:
1) One of the following:
A) Copy
of the verification of fingerprint processing from 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;
B) Out-of-state
residents unable to utilize the ISP fingerprint process may submit to ISP one
fingerprint card issued by ISP, accompanied by the fee specified by the vendor;
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) 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; and
3) The
required fees specified in Section 1240.570.
d) A
successful examination score shall be valid for 3 years. After 3 years the
examination score will be void and an applicant will be required to file a new
application, meeting the requirements at the time of the new application, and
will be required to sit for and pass the examination.
e) 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
lapsed 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 the applicant 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.
(Source: Amended at 38 Ill.
Reg. 7879, effective March 25, 2014)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.310 20 HOUR BASIC TRAINING COURSE LOCKSMITH
Section 1240.310 20‑Hour Basic Training Course – Locksmith
a) Every
person employed as a registered employee of a locksmith agency certified under
the Act shall complete, within 30 days after the applicant's employment, a
course of basic training.
b) The
training shall be a minimum of 20 hours of training related to the applicant's employment
that shall be certified by the employer and shall include at a minimum the
following subject areas:
1) Public
Safety Codes (NFPA 80 & NFPA 101)
A) Life
Safety Codes
B) Building
Code
C) ADA Law
2) Practical
Locksmithing
A) Master
Keying
B) Key
Records and Codes
C) Key
Blanks and Keyways
D) Product
Liability
E) Professional
Installations
F) Do Not
Duplicate
G) Basic Electronic
Access Control
3) Responsibilities
as Required by the Act
A) When to
ask for identification
B) What
identification is acceptable
C) Required
Information for Consumers
D) Record Keeping
4) Permanent
Employee Registration Card (PERC)
A) Cause
for revoking the card
B) Disciplinary
Sanctions
C) Renewal
c) Upon
successful completion of the training prescribed in subsection (b), each
individual shall be issued, by the employer or the instructor, a Certification
of Completion of a Basic Training Course and/or refresher course, which shall
be signed by the instructor. The licensee-in-charge shall be responsible for
the documentation of the training.
d) The
Certification 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
certified copy shall be filed by the employer with the employee statement and
shall remain in the 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, a notarized
copy of the Certification of Completion of a Basic Training Course and/or
refresher course shall be kept with the employee statement in lieu of the
original Certification.
f) Basic
training materials will be made available to Division personnel upon request to
verify content.
(Source: Amended at 36 Ill.
Reg. 9938, effective July 13, 2012)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.320 RECORDKEEPING REQUIREMENTS LOCKSMITH (REPEALED)
Section 1240.320 Recordkeeping Requirements – Locksmith
(Repealed)
(Source: Repealed at 36 Ill.
Reg. 9938, effective July 13, 2012)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.330 APPLICATION FOR LICENSURE LOCKSMITH AGENCY
Section
1240.330 Application for Licensure – Locksmith Agency
a) An
applicant for licensure as a locksmith agency shall, in accordance with Section
30-15 of the Act, file an application with the Division, on forms provided by
the Division, together with the following:
1) Agency
name, address and telephone number of principal office in Illinois where
services are provided. A post office box by itself is not acceptable.
2) All
trade or business names used by the applicant.
3) If
the agency does not maintain a principal office in Illinois, the address and
telephone number of its out-of-state office where its licensee-in-charge is
located and records of its operations within Illinois are kept in compliance
with the requirements of the Act and this Part. A post office box by itself is
not acceptable. This office shall be located within 50 miles or less in
distance from the borders of Illinois.
4) Name
and Illinois locksmith license number of its licensee-in-charge.
5) The
required fees specified in Section 1240.570.
6) The
type of business (sole proprietorship, partnership, corporation, etc.).
A) If a
sole proprietorship, the name of the owner and his or her license number;
B) If a
partnership, a listing of all partners and their license numbers;
C) If a
corporation, a copy of the Articles of Incorporation, a Certificate of Good
Standing issued by the Secretary of State within the previous 60 days, and a
listing of the officers and directors of the corporation, including license
numbers, if applicable. If using an assumed name (d/b/a), a copy of the
assumed name registration issued by the Secretary of State. If the corporation
is a foreign corporation, a copy of the authorization to conduct business in Illinois;
D) If a
limited liability company, a copy of the Articles of Organization, a
Certificate of Good Standing issued by the Secretary of State within the
previous 60 days, and a listing of the members of the limited liability company
and their license numbers, if applicable.
b) The
name of the agency shall not include the words "law enforcement" or "police"
or any other words or combination that implies that the agency is a law
enforcement or police agency or a governmental agency.
c) Any
unlicensed officers, directors or members of the applicant corporation or
limited liability company shall be persons of good moral character as
determined by the Division.
d) When
the accuracy, relevance or sufficiency of any submitted documentation or
information is questioned by the Division because of a lack of information,
discrepancies or conflicts in information given, or a need for clarification,
the applicant seeking licensure or any of its owners, partners, officers,
directors or members 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: Added at 36 Ill.
Reg. 9938, effective July 13, 2012)
SUBPART E: PROPRIETARY SECURITY FORCE
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.400 REGISTRATION OF ARMED PROPRIETARY SECURITY FORCE
Section 1240.400 Registration of Armed Proprietary
Security Force
a) Pursuant
to Section 35-45 of the Act and Section 24-2 of the Criminal Code of 2012 [720
ILCS 5/24-2], all commercial or industrial operations that employ one or more
persons as armed employees in accordance with Section 24-2(a)(6) and all
financial institutions that employ armed employees in accordance with Section
24-2(a)(8) shall register their security forces with the Division, on forms
provided by the Division, which include the following:
1) Business
name and address of the armed proprietary security force;
2) Any
doing business as (d/b/a) names used by the armed proprietary security force
and proof of legal authorization to use that name;
3) The
type of business (sole proprietorship, partnership, corporation, etc.).
A) If a
sole proprietorship, the name and address of the owner;
B) If a
partnership, a listing of all partners and addresses;
C) If a
corporation, a copy of Articles of Incorporation, a Certificate of Good
Standing issued by the Secretary of State within the previous 60 days, and a
listing of all officers and members of the board of directors. If the
corporation is a foreign corporation, a copy of the authorization to conduct
business in Illinois, a copy of the Articles of Incorporation, and a list of
all officers and members of the board of directors shall be submitted;
D) If a
limited liability company, a copy of the Articles of Organization, a
Certificate of Good Standing issued by the Secretary of State within the
previous 60 days, and a listing of all officers and members of the limited
liability company. If the limited liability company is a foreign limited
liability company, a copy of the authorization to conduct business in Illinois,
a copy of the Articles of Organization, and a list of all officers and members
of the limited liability company shall be submitted.
4) The
nature or type of business conducted or to be conducted;
5) The
number of armed employees; and
6) The
name, title, and email address of the security director who will be registering
armed employees and who is responsible for the daily activities of the force.
b) For
the purposes of this Section, "armed employee" means an employee
whose primary employment responsibility is one or more of the functions of a
private security contractor as defined in Section 5-10 of the Act.
c) All
armed employees of the registered armed proprietary security force in
subsection (a) shall be required to complete a 20-hour basic training course in
accordance with Section 1240.505 and a 28-hour firearm training course in
accordance with Section 1240.510. All armed employees of the registered
security force shall also be subject to the annual refresher training
requirement in accordance with Section 1240.510.
d) Except
as otherwise provided in this Section, each armed proprietary security force
shall be required to apply to the Division, on forms supplied by the Division,
for the issuance of a firearm control card, in accordance with Section
1240.530(b) and (c), for each armed employee of the security force. Each
application shall include:
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) Verification
that the employee has completed the training required in subsection (c). If
the employee's firearm training was completed more than two years before the
request for a firearm control card, the employer shall submit evidence that the
employee has completed refresher training in accordance with Section
1240.510(o) within the one year preceding the request; and
3) The fee
required in Section 1240.570.
e) The
firearm control card or retired police card for an eligible employee shall be
retained by the employee for the term of employment. The employer shall
maintain a copy of the firearm control card or retired police card in its
files, available for inspection upon request by the Division. Upon termination
of employment, the card shall be returned to the Division by the employer. In
the event an employee fails to return a firearm control card or retired police
card to the employer, the employer shall notify the Division in writing why the
card was not returned.
f) Except
as otherwise provided in this Section, no employee shall carry a firearm until
the requirements of this Section have been satisfied. An 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 employee shall be in possession of a valid firearm control
card, a valid retired police card or otherwise be in compliance with this
Section at all times that the armed employee is engaged in employment related
duties.
g) If an
employee is employed by more than one armed proprietary security force, that
employee must possess a separate firearm control card or retired police card for
each armed proprietary security force for which the employee uses, carries, or
possesses a firearm.
h) The Division
may conduct an inspection to verify the information on the application prior to
the armed proprietary security force being registered or renewed with the Division.
i) All armed
proprietary security force registrations and renewals shall expire on the date
specified in the registration or last renewal. The Division shall renew the
registration after payment of the renewal fee and upon proof that:
1) The armed
proprietary security force still meets all requirements for registration under
the Act and this Part; and
2) The armed
proprietary security force has either updated or reaffirmed all required
information on file with the Division.
j) All
armored car companies registered as armed proprietary security forces pursuant
to this Section shall have all employees who are required to carry a firearm control
card complete classroom and range training in weapons on an annual basis and
shall maintain a copy of the verification of fingerprint processing from ISP or
from one of the ISP live scan vendors. The armored car company shall make
these documents available to the Division upon request.
k) Individuals
currently employed 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 is obtaining a retired police card in accordance with
subsection (f) of Section 1240.530. For active peace officers, the armed proprietary
security force shall maintain on file a copy of the current police
identification card and a signed letter from the peace officer's chief of
police or the chief of police's designee indicating current status as a peace
officer. The armed proprietary security force shall annually re-verify and
maintain proof of the employee's qualifications for the peace officer
exemption.
l) Maintaining
a security director responsible for the daily activities of the force is a
continuing requirement for armed proprietary security force registration. The
Division must be notified within 14 days after any change in name or title of
the security director.
m) 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 registration 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 46 Ill. Reg. 16228, effective September 6, 2022)
SUBPART F: GENERAL
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.500 DEFINITIONS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.501 LICENSEE-IN-CHARGE
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.502 APPLICATION FOR BRANCH OFFICE LICENSE
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.505 BASIC, ADDITIONAL, AND REFRESHER TRAINING - PRIVATE DETECTIVE, PRIVATE ALARM CONTRACTOR, PRIVATE SECURITY CONTRACTOR AND ARMED PROPRIETARY SECURITY FORCE EMPLOYEE
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.506 ANNUAL TRAINING FOR PRIVATE DETECTIVES AND PRIVATE SECURITY CONTRACTORS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.510 FIREARM TRAINING COURSE
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.515 APPROVAL OF FIREARM TRAINING PROGRAMS AND FIREARM INSTRUCTORS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.520 PERMANENT EMPLOYEE REGISTRATION CARD
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.525 REFUSAL TO ISSUE EMPLOYEE REGISTRATION CARD OR FIREARM CONTROL CARD DUE TO CRIMINAL HISTORY RECORD INFORMATION
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.530 FIREARM CONTROL CARDS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.535 RECORDKEEPING REQUIREMENTS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.540 REPORTING REQUIREMENTS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.550 RENEWALS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.555 ENDORSEMENT (REPEALED)
Section 1240.555 Endorsement (Repealed)
(Source: Repealed at 38 Ill.
Reg. 7879, effective March 25, 2014)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.560 RESTORATION
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.561 INACTIVE STATUS
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.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.565 REQUESTS FOR DUPLICATE CERTIFICATES (REPEALED)
Section 1240.565 Requests for Duplicate Certificates
(Repealed)
(Source: Repealed at 43 Ill.
Reg. 7111, effective June 21, 2019)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.570 FEES
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.575 CONDUCT OF HEARINGS
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).
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.580 INVESTIGATION BY THE DIVISION
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.585 GRANTING VARIANCES
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
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.600 APPLICATION FOR LICENSURE 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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.610 LICENSURE - FINGERPRINT VENDOR AGENCY
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.620 FINGERPRINT VENDOR STANDARDS, UNETHICAL, UNAUTHORIZED, OR UNPROFESSIONAL CONDUCT
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.630 FINGERPRINT VENDOR TRAINING
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
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.700 CANINE HANDLER TRAINING COURSE REQUIREMENTS
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.710 CANINE HANDLER AUTHORIZATION CARD
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.720 CANINE HANDLER TRAINING PROGRAM
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.730 CANINE TRAINER AUTHORIZATION CARD
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)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1240
PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY,
FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004
SECTION 1240.740 CANINE HANDLER AND CANINE TRAINING INSTRUCTOR UNPROFESSIONAL CONDUCT
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)
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