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90_HB1216enr
225 ILCS 446/105
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 to exempt locksmith
agencies having fewer than 2 registered employees from the
license renewal and issuance fees otherwise applicable to
agencies.
LRB9005005DPccB
HB1216 Enrolled LRB9005005DPccB
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Sections 30 and 75.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Private Detective, Private Alarm, Private
7 Security, and Locksmith Act of 1993 is amended by changing
8 Sections 30 and 75 as follows:
9 (225 ILCS 446/30)
10 Sec. 30. Exemptions. This Act does not apply to:
11 (1) An officer or employee of the United States, this
12 State, or any political subdivision of either while the
13 officer or employee is engaged in the performance of his or
14 her official duties within the course and scope of his or her
15 employment with the United States, this State, or any
16 political subdivision of either. However, any person who
17 offers his or her services as a private detective or private
18 security contractor, or any title when similar services are
19 performed for compensation, fee, or other valuable
20 consideration, whether received directly or indirectly, is
21 subject to this Act and its licensing requirements.
22 (2) An attorney-at-law licensed to practice in Illinois
23 while engaging in the practice of law.
24 (3) A person engaged exclusively in the business of
25 obtaining and furnishing information as to the financial
26 rating or credit worthiness of persons; and a person who
27 provides consumer reports in connection with:
28 (i) Credit transactions involving the consumer on
29 whom the information is to be furnished and involving the
30 extensions of credit to the consumer.
31 (ii) Information for employment purposes.
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1 (iii) Information for the underwriting of insurance
2 involving the consumer.
3 (4) Insurance adjusters legally employed or under
4 contract as adjusters and who engage in no other
5 investigative activities other than those directly connected
6 with adjustment of claims against an insurance company or
7 self-insured by which they are employed or with which they
8 have a contract. No insurance adjuster or company may
9 utilize the term "investigation" or any derivative thereof in
10 its company name or in its advertising other than for the
11 handling of insurance claims.
12 For the purposes of this Code, "insurance adjuster"
13 includes any person expressly authorized to act on behalf of
14 an insurance company or self-insured and any employee thereof
15 who acts or appears to act on behalf of the insurance company
16 or self-insured in matters relating to claims, including but
17 not limited to independent contractors while performing claim
18 services at the direction of the company.
19 (5) A person engaged exclusively and employed by a
20 person, firm, association, or corporation in the business of
21 transporting persons or property in interstate commerce and
22 making an investigation related to the business of that
23 employer.
24 (6) Any person, watchman, or guard employed exclusively
25 and regularly by one employer in connection with the affairs
26 of that employer only and there exists an employer/employee
27 relationship.
28 (7) Any law enforcement officer, as defined in the
29 Illinois Police Training Act, who has successfully completed
30 the requirements of basic law enforcement and firearms
31 training as prescribed by the Illinois Law Enforcement
32 Training Standards Board, employed by an employer in
33 connection with the affairs of that employer, provided he or
34 she is exclusively employed by the employer during the hours
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1 or times he or she is scheduled to work for that employer,
2 and there exists an employer and employee relationship.
3 In this subsection an "employee" is a person who is
4 employed by an employer who has the right to control and
5 direct the employee who performs the services in question,
6 not only as to the result to be accomplished by the work, but
7 also as to the details and means by which the result is to be
8 accomplished; and an "employer" is any person or entity, with
9 the exception of a private detective, private detective
10 agency, private security contractor, private security
11 contractor agency, private alarm contractor, or private alarm
12 contractor agency, whose purpose it is to hire persons to
13 perform the business of a private detective, private
14 detective agency, private security contractor, private
15 security contractor agency, private alarm contractor, or
16 private alarm contractor agency.
17 (8) A person who sells burglar alarm systems and does
18 not install, monitor, maintain, alter, repair, service, or
19 respond to burglar alarm systems at protected premises or
20 premises to be protected, provided:
21 (i) The burglar alarm systems are approved either
22 by Underwriters Laboratories or another authoritative
23 source recognized by the Department and are identified by
24 a federally registered trademark.
25 (ii) The owner of the trademark has expressly
26 authorized the person to sell the trademark owner's
27 products, and the person provides proof of this
28 authorization upon the request of the Department.
29 (iii) The owner of the trademark maintains, and
30 provides upon the Department's request, a certificate
31 evidencing insurance for bodily injury or property damage
32 arising from faulty or defective products in an amount
33 not less than $1,000,000 combined single limit; provided
34 that the policy of insurance need not relate exclusively
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1 to burglar alarm systems.
2 (9) A person who sells, installs, maintains, or repairs
3 automobile alarm systems.
4 (10) Nothing in this Act prohibits any of the following:
5 (A) Servicing, installing, repairing, or rebuilding
6 automotive locks by automotive service dealers, as long
7 as they do not hold themselves out to the public as
8 locksmiths.
9 (B) Police, fire, or other municipal employees from
10 opening a lock in an emergency situation, as long as they
11 do not hold themselves out to the public as locksmiths.
12 (C) Any merchant or retail or hardware store from
13 duplicating keys, from installing, servicing, repairing,
14 rebuilding, reprogramming, or maintaining electronic
15 garage door devices or from selling locks or similar
16 security accessories not prohibited from sale by the
17 State of Illinois, as long as they do not hold themselves
18 out to the public as locksmiths.
19 (D) The installation or removal of complete locks
20 or locking devices by members of the building trades when
21 doing so in the course of residential or commercial new
22 construction or remodeling, as long as they do not hold
23 themselves out to the public as locksmiths.
24 (E) The employees of towing services, repossessors,
25 or auto clubs from opening automotive locks in the normal
26 course of their duties, as long as they do not hold
27 themselves out to the public as locksmiths. Additionally,
28 this Act shall not prohibit employees of towing services
29 from opening motor vehicle locks to enable a vehicle to
30 be moved without towing, provided that the towing service
31 does not hold itself out to the public, by yellow page
32 advertisement, through a sign at the facilities of the
33 towing service, or by any other advertisement, as a
34 locksmith.
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1 (F) The practice of locksmithing by students in the
2 course of study in programs approved by the Department,
3 provided that the students do not hold themselves out to
4 the public as locksmiths.
5 (G) Servicing, installing, repairing, or rebuilding
6 locks by a lock manufacturer or anyone employed by a lock
7 manufacturer, as long as they do not hold themselves out
8 to the public as locksmiths.
9 (H) The provision of any of the products or
10 services in the practice of locksmithing as identified in
11 Section 5 of this Act by a business licensed by the State
12 of Illinois as a private alarm contractor or private
13 alarm contractor agency, as long as the principal purpose
14 of the services provided to a customer is not the
15 practice of locksmithing and the business does not hold
16 itself out to the public as a locksmith agency.
17 (I) Any maintenance employee of a property
18 management company at a multi-family residential building
19 from servicing, installing, repairing, or opening locks
20 for tenants as long as the maintenance employee does not
21 hold himself or herself out to the public as a locksmith.
22 (11) A person, firm, or corporation engaged in fire
23 protection engineering, including the design, testing, and
24 inspection of fire protection systems.
25 (12) The practice of professional engineering as defined
26 in the Professional Engineering Practice Act of 1989.
27 (13) The practice of structural engineering as defined
28 in the Structural Engineering Licensing Act of 1989.
29 (14) The practice of architecture as defined in the
30 Illinois Architecture Practice Act of 1989.
31 (15) The activities of persons or firms licensed under
32 the Illinois Public Accounting Act if performed in the course
33 of their professional practice.
34 (16) This Act does not prohibit any persons legally
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1 regulated in this State under any other Act from engaging in
2 the practice for which they are licensed, provided that they
3 do not represent themselves by any title prohibited by this
4 Act.
5 (Source: P.A. 88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
6 eff. 1-1-96.)
7 (225 ILCS 446/75)
8 Sec. 75. Qualifications for licensure and agency
9 certification.
10 (a) Private Detective. A person is qualified to receive
11 a license as a private detective if he or she meets all of
12 the following requirements:
13 (1) Is at least 21 years of age.
14 (2) Has not been convicted in any jurisdiction of
15 any felony or at least 10 years have expired from the
16 time of discharge from any sentence imposed for a felony.
17 (3) Is of good moral character. Good character is
18 a continuing requirement of licensure. Conviction of
19 crimes not listed in paragraph (2) of subsection (a) of
20 this Section may be used in determining moral character,
21 but does not operate as an absolute bar to licensure.
22 (4) Has not been declared by any court of competent
23 jurisdiction to be incompetent by reason of mental or
24 physical defect or disease unless a court has since
25 declared him or her to be competent.
26 (5) Is not suffering from habitual drunkenness or
27 from narcotic addiction or dependence.
28 (6) Has a minimum of 3 years experience out of the
29 5 years immediately preceding his or her application
30 working full-time for a licensed private detective agency
31 as a registered private detective employee or with 3
32 years experience out of the 5 years immediately preceding
33 his or her application employed as a full-time
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1 investigator in a law enforcement agency of a federal or
2 State political subdivision, approved by the Board and
3 the Department; or an applicant who has obtained a
4 baccalaureate degree in police science or a related field
5 or a business degree from an accredited college or
6 university shall be given credit for 2 of the 3 years
7 experience required under this Section. An applicant who
8 has obtained an associate degree in police science or a
9 related field or in business from an accredited college
10 or university shall be given credit for one of the 3
11 years experience required under this Section.
12 (7) Has not been dishonorably discharged from the
13 armed services of the United States.
14 (8) Has successfully passed an examination
15 authorized by the Department. The examination shall
16 include subjects reasonably related to the activities
17 licensed so as to provide for the protection of the
18 health and safety of the public.
19 (9) Has not violated Section 15, 20, or 25 of this
20 Act, but this requirement does not operate as an absolute
21 bar to licensure.
22 It is the responsibility of the applicant to obtain
23 liability insurance in an amount and coverage type
24 appropriate as determined by rule for the applicant's
25 individual business circumstances. The applicant shall
26 provide evidence of insurance to the Department before being
27 issued a license. This insurance requirement is a continuing
28 requirement for licensure. Failure to maintain insurance
29 shall result in cancellation of the license by the
30 Department.
31 (b) Private security contractor. A person is qualified
32 to receive a license as a private security contractor if he
33 or she meets all of the following requirements:
34 (1) Is at least 21 years of age.
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1 (2) Has not been convicted in any jurisdiction of
2 any felony or at least 10 years have expired from the
3 time of discharge from any sentence imposed for a felony.
4 (3) Is of good moral character. Good moral
5 character is a continuing requirement of licensure.
6 Convictions of crimes not listed in paragraph (2) of
7 subsection (b) of this Section may be used in determining
8 moral character, but do not operate as an absolute bar to
9 licensure.
10 (4) Has not been declared by any court of competent
11 jurisdiction to be incompetent by reason of mental or
12 physical defect or disease unless a court has since
13 declared him or her to be competent.
14 (5) Is not suffering from habitual drunkenness or
15 from narcotic addiction or dependence.
16 (6) Has a minimum of 3 years experience out of the
17 5 years immediately preceding his or her application as a
18 full-time manager or administrator for a licensed private
19 security contractor agency or a manager or administrator
20 of a proprietary security force of 30 or more persons
21 registered with the Department, or with 3 years
22 experience out of the 5 years immediately preceding his
23 or her application as a full-time supervisor in a law
24 enforcement agency of a federal or State political
25 subdivision, approved by the Board and the Department; or
26 an applicant who has obtained a baccalaureate degree in
27 police science or a related field or a business degree
28 from an accredited college or university shall be given
29 credit for 2 of the 3 years experience required under
30 this Section. An applicant who has obtained an associate
31 degree in police science or a related field or in
32 business from an accredited college or university shall
33 be given credit for one of the 3 years experience
34 required under this Section.
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1 (7) Has not been dishonorably discharged from the
2 armed services of the United States.
3 (8) Has successfully passed an examination
4 authorized by the Department. The examination shall
5 include subjects reasonably related to the activities
6 licensed so as to provide for the protection of the
7 health and safety of the public.
8 (9) Has not violated Section 15, 20, or 25 of this
9 Act, but this requirement does not operate as an absolute
10 bar to licensure.
11 (10) It is the responsibility of the applicant to
12 obtain liability insurance in amount and coverage type
13 appropriate as determined by rule for the applicant's
14 individual business circumstances. The applicant shall
15 provide evidence of insurance to the Department before
16 being issued a license. This insurance requirement is a
17 continuing requirement for licensure. Failure to
18 maintain insurance shall result in cancellation of the
19 license by the Department.
20 (c) Private alarm contractor. A person is qualified to
21 receive a license as a private alarm contractor if he or she
22 meets all of the following requirements:
23 (1) Is at least 21 years of age.
24 (2) Has not been convicted in any jurisdiction of
25 any felony or at least 10 years have expired from the
26 time of discharge from any sentence imposed for a felony.
27 (3) Is of good moral character. Good moral
28 character is a continuing requirement of licensure.
29 Convictions of crimes not listed in paragraph (2) of
30 subsection (c) of this Section may be used in determining
31 moral character, but do not operate as an absolute bar to
32 licensure.
33 (4) Has not been declared by any court of competent
34 jurisdiction to be incompetent by reason of mental or
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1 physical defect or disease unless a court has since
2 declared him or her to be competent.
3 (5) Is not suffering from habitual drunkenness or
4 from narcotic addiction or dependence.
5 (6) Has not been dishonorably discharged from the
6 armed services of the United States.
7 (7) Has a minimum of 3 years experience out of the
8 5 years immediately preceding application as a full time
9 manager or administrator for an agency licensed as a
10 private alarm contractor agency, or for an entity that
11 designs, sells, installs, services, or monitors alarm
12 systems which in the judgment of the Board satisfies
13 standards of alarm industry competence. An individual who
14 has received a 4 year degree in electrical engineering or
15 a related field from a program approved by the Board
16 shall be given credit for 2 years of experience under
17 this item (7). An individual who has successfully
18 completed a national certification program approved by
19 the Board shall be given credit for one year of
20 experience under this item (7).
21 (8) Has successfully passed an examination
22 authorized by the Department. The examination shall
23 include subjects reasonably related to the activities
24 licensed so as to provide for the protection of the
25 health and safety of the public.
26 (9) Has not violated Section 15, 20, or 25 of this
27 Act, but this requirement does not operate as an absolute
28 bar to licensure.
29 (10) It is the responsibility of the applicant to
30 obtain liability insurance in an amount and coverage type
31 appropriate as determined by rule for the applicant's
32 individual business circumstances. The applicant shall
33 provide evidence of insurance to the Department before
34 being issued a license. This insurance requirement is a
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1 continuing requirement for licensure. Failure to
2 maintain insurance shall result in cancellation of the
3 license by the Department.
4 (d) Locksmith. A person is qualified to receive a
5 license as a locksmith if he or she meets all of the
6 following requirements:
7 (1) Is at least 18 years of age.
8 (2) Has not violated any provisions of Section 120
9 of this Act.
10 (3) Has not been convicted in any jurisdiction of
11 any felony or at least 10 years have expired from the
12 time of discharge from any sentence imposed for a felony.
13 (4) Is of good moral character. Good moral
14 character is a continuing requirement of licensure.
15 Convictions of crimes not listed in paragraph (3) of
16 subsection (d) of this Section may be used in determining
17 moral character, but do not operate as an absolute bar to
18 licensure.
19 (5) Has not been declared by any court of competent
20 jurisdiction to be incompetent by reason of mental or
21 physical defect or disease unless a court has since
22 declared him or her to be competent.
23 (6) Is not suffering from habitual drunkenness or
24 from narcotic addiction or dependence.
25 (7) Has not been dishonorably discharged from the
26 armed services of the United States.
27 (8) Has passed an examination authorized by the
28 Department in the theory and practice of the profession.
29 (9) Has submitted to the Department proof of
30 insurance sufficient for the individual's business
31 circumstances. The Department, with input from the
32 Board, shall promulgate rules specifying minimum
33 insurance requirements. This insurance requirement is a
34 continuing requirement for licensure. Failure to
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1 maintain insurance shall result in the cancellation of
2 the license by the Department. A locksmith employed by a
3 licensed locksmith agency or employed by a private
4 concern may provide proof that his or her actions as a
5 locksmith are covered by the insurance of his or her
6 employer.
7 (e) Private detective agency. Upon payment of the
8 required fee and proof that the applicant has a full-time
9 Illinois licensed private detective in charge, which is a
10 continuing requirement for agency certification, the
11 Department shall issue, without examination, a certificate as
12 a private detective agency to any of the following:
13 (1) An individual who submits an application in
14 writing and who is a licensed private detective under
15 this Act.
16 (2) A firm or association that submits an
17 application in writing and all of the members of the firm
18 or association are licensed private detectives under this
19 Act.
20 (3) A duly incorporated or registered corporation
21 allowed to do business in Illinois that is authorized by
22 its articles of incorporation to engage in the business
23 of conducting a detective agency, provided at least one
24 officer or executive employee is licensed as a private
25 detective under this Act and all unlicensed officers and
26 directors of the corporation are determined by the
27 Department to be persons of good moral character.
28 No private detective may be the private detective in
29 charge for more than one agency except for an individual who,
30 on the effective date of this Act, is currently and actively
31 a licensee for more than one agency. Upon written request by
32 a representative of an agency within 10 days after the loss
33 of a licensee in charge of an agency because of the death of
34 that individual or because of an unanticipated termination of
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1 the employment of that individual, the Department shall issue
2 a temporary permit allowing the continuing operation of a
3 previously licensed agency. No temporary permit shall be
4 valid for more than 90 days. An extension of an additional
5 90 days may be granted by the Department for good cause shown
6 upon written request by the representative of the agency. No
7 more than 2 extensions may be granted to any agency. No
8 temporary permit shall be issued for the loss of the
9 detective in charge because of disciplinary action by the
10 Department.
11 (f) Private alarm contractor agency. Upon receipt of
12 the required fee and proof that the applicant has a full-time
13 Illinois licensed private alarm contractor in charge, which
14 is a continuing requirement for agency certification, the
15 Department shall issue, without examination, a certificate as
16 a private alarm contractor agency to any of the following:
17 (1) An individual who submits an application in
18 writing and who is a licensed private alarm contractor
19 under this Act.
20 (2) A firm or association that submits an
21 application in writing that all of the members of the
22 firm or association are licensed private alarm
23 contractors under this Act.
24 (3) A duly incorporated or registered corporation
25 allowed to do business in Illinois that is authorized by
26 its articles of incorporation to engage in the business
27 of conducting a private alarm contractor agency, provided
28 at least one officer or executive employee is licensed as
29 a private alarm contractor under this Act and all
30 unlicensed officers and directors of the corporation are
31 determined by the Department to be persons of good moral
32 character.
33 No private alarm contractor may be the private alarm
34 contractor in charge for more than one agency except for any
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1 individual who, on the effective date of this Act, is
2 currently and actively a licensee for more than one agency.
3 Upon written request by a representative of an agency within
4 10 days after the loss of a licensed private alarm contractor
5 in charge of an agency because of the death of that
6 individual or because of the unanticipated termination of the
7 employment of that individual, the Department shall issue a
8 temporary permit allowing the continuing operation of a
9 previously licensed agency. No temporary permit shall be
10 valid for more than 90 days. An extension of an additional
11 90 days may be granted by the Department for good cause shown
12 and upon written request by the representative of the agency.
13 No more than 2 extensions may be granted to any agency. No
14 temporary permit shall be issued for the loss of the licensee
15 in charge because of disciplinary action by the Department.
16 (g) Private security contractor agency. Upon receipt of
17 the required fee and proof that the applicant has a full-time
18 Illinois licensed private security contractor in charge,
19 which is continuing requirement for agency certification, the
20 Department shall issue, without examination, a certificate as
21 a private security contractor agency to any of the following:
22 (1) An individual who submits an application in
23 writing and who is a licensed private security contractor
24 under this Act.
25 (2) A firm or association that submits an
26 application in writing that all of the members are
27 licensed private security contractors under this Act.
28 (3) A duly incorporated or registered corporation
29 allowed to do business in Illinois that is authorized by
30 its articles of incorporation to engage in the business
31 of conducting a private security contractor agency,
32 provided at least one officer or executive employee is
33 licensed as a private security contractor under this Act
34 and all unlicensed officers and directors of the
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1 corporation are determined by the Department to be
2 persons of good moral character.
3 No private security contractor may be the private
4 security contractor in charge for more than one agency except
5 for any individual who, on the effective date of this Act, is
6 currently and actively a licensee for more than one agency.
7 Upon written request by a representative of the agency within
8 10 days after the loss of a licensee in charge of an agency
9 because of the death of that individual or because of the
10 unanticipated termination of the employment of that
11 individual, the Department shall issue a temporary permit
12 allowing the continuing operation of a previously licensed
13 agency. No temporary permit shall be valid for more than 90
14 days. An extension of an additional 90 days may be granted
15 upon written request by the representative of the agency. No
16 more than 2 extensions may be granted to any agency. No
17 temporary permit shall be issued for the loss of the licensee
18 in charge because of disciplinary action by the Department.
19 (h) Licensed locksmith agency. Upon receipt of the
20 required fee and proof that the applicant is an Illinois
21 licensed locksmith who shall assume full responsibility for
22 the operation of the agency and the directed actions of the
23 agency's employees, which is a continuing requirement for
24 agency licensure, the Department shall issue, without
25 examination, a certificate as a Locksmith Agency to any of
26 the following:
27 (1) An individual who submits an application in
28 writing and who is a licensed locksmith under this Act.
29 (2) A firm or association that submits an
30 application in writing and certifies that all of the
31 members of the firm or association are licensed
32 locksmiths under this Act.
33 (3) A duly incorporated or registered corporation
34 or limited liability company allowed to do business in
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1 Illinois that is authorized by its articles of
2 incorporation or organization to engage in the business
3 of conducting a locksmith agency, provided that at least
4 one officer or executive employee of a corporation or one
5 member of a limited liability company is licensed as a
6 locksmith under this Act, and provided that person agrees
7 in writing on a form acceptable to the Department to
8 assume full responsibility for the operation of the
9 agency and the directed actions of the agency's
10 employees, and further provided that all unlicensed
11 officers and directors of the corporation or members of
12 the limited liability company are determined by the
13 Department to be persons of good moral character.
14 An individual licensed locksmith operating under a
15 business name other than the licensed locksmith's own name
16 shall not be required to obtain a locksmith agency license if
17 that licensed locksmith does not employ any persons to engage
18 in the practice of locksmithing.
19 An applicant for licensure as a locksmith agency shall
20 submit to the Department proof of insurance sufficient for
21 the agency's business circumstances. The Department shall
22 promulgate rules specifying minimum insurance requirements.
23 This insurance requirement is a continuing requirement for
24 licensure.
25 No licensed locksmith may be the licensed locksmith
26 responsible for the operation of more than one agency except
27 for any individual who submits proof to the Department that,
28 on the effective date of this amendatory Act of 1995, he or
29 she is actively responsible for the operations of more than
30 one agency. A licensed private alarm contractor who is
31 responsible for the operation of a licensed private alarm
32 contractor agency and who is a licensed locksmith may also be
33 the licensed locksmith responsible for the operation of a
34 locksmith agency.
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1 Upon written request by a representative of an agency
2 within 10 days after the loss of a responsible licensed
3 locksmith of an agency, because of the death of that
4 individual or because of the unanticipated termination of the
5 employment of that individual, the Department shall issue a
6 temporary permit allowing the continuing operation of a
7 previously licensed locksmith agency. No temporary permit
8 shall be valid for more than 90 days. An extension for an
9 additional 90 days may be granted by the Department for good
10 cause shown and upon written request by a representative of
11 the agency. No more than 2 extensions may be granted to any
12 agency. No temporary permit shall be issued to any agency
13 due to the loss of the responsible locksmith because of
14 disciplinary action by the Department.
15 (i) Any licensed agency that operates a branch office as
16 defined in this Act shall apply for a branch office license.
17 (Source: P.A. 88-363; 89-85, eff. 1-1-96; 89-366, eff.
18 1-1-96; 89-626, eff. 8-9-96.)
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