Section 1295.40  Revocation of Certification

The Director, with the concurrence of the Illinois Law Enforcement Training Standards Board, shall have the power to revoke or suspend any certification granted under this Part.  The procedure to revoke or suspend certification shall be as follows:

a)         If the Director receives an allegation from any source that a certified Electronic Criminal Surveillance Officer is violating any law relating to electronic criminal surveillance or is violating any provision of this Part, the Director shall investigate the allegation.  The Director shall notify the Illinois Law Enforcement Training Standards Board of all such investigations.

b)         At the conclusion of the investigation, the Director shall review the findings with the Illinois Law Enforcement Training Standards Board.

c)         If the Director and the Illinois Law Enforcement Training Standards Board conclude that the officer has intentionally violated the law or has intentionally violated the civil rights of any party, the officer's certification shall be revoked, and the officer's credentials impounded and destroyed.  An officer whose credentials have been revoked shall not be eligible for certification or recertification for a period of 5 years.

d)         If the Director and the Illinois Law Enforcement Training Standards Board conclude that the officer has violated any requirement of this Part, the officer's certification shall be suspended and impounded until the officer has successfully completed a recertification training course.

e)         Within 10 days after the decision, the Director shall notify in writing the officer and the chief executive officer of the agency employing the officer of any decision to revoke or suspend the officer's certification.

(Source:  Amended at 45 Ill. Reg. 13430, effective October 5, 2021)