Full Text of SB0184 94th General Assembly
SB0184eng 94TH GENERAL ASSEMBLY
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SB0184 Engrossed |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Sections 10-25, 35-30, and 40-10 as follows:
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| (225 ILCS 447/10-25)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-25. Issuance of license; renewal; fees.
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| (a) The Department shall, upon the applicant's | 11 |
| satisfactory completion of
the requirements set forth in this | 12 |
| Act and upon receipt of the fee, issue the
license indicating | 13 |
| the name and business location of the licensee and the date
of | 14 |
| expiration.
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| (b) An applicant may, upon satisfactory completion of the | 16 |
| requirements set
forth in this Act and upon receipt of fees | 17 |
| related to the application and
testing for licensure, elect to | 18 |
| defer the issuance of the applicant's initial
license for a | 19 |
| period not longer than 6 years. An applicant who fails to | 20 |
| request
issuance of his or her initial license or agency | 21 |
| license and to remit the fees
required for that license within | 22 |
| 6 years shall be required to resubmit an
application together | 23 |
| with all required fees.
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| (c) The expiration date, renewal period, and conditions for | 25 |
| renewal and
restoration of each license, permanent employee | 26 |
| registration card, and firearm
authorization card shall be set | 27 |
| by rule. The holder may renew the license,
permanent employee | 28 |
| registration card, or firearm authorization card during the
30 | 29 |
| days preceding its expiration by paying the required fee and by | 30 |
| meeting
conditions that the Department may specify. The | 31 |
| Department may resubmit the fingerprints of an applicant for | 32 |
| renewal or restoration to the Department of State Police for |
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| the purpose of an updated criminal history check, which shall | 2 |
| be performed subject to the provisions of this Act, at the time | 3 |
| of renewal or restoration. The license holder shall not be held | 4 |
| responsible for any incurred cost of the updated criminal | 5 |
| history check. Any license holder who notifies the
Department | 6 |
| on forms prescribed by
the Department may place his or her | 7 |
| license on inactive status for a period of
not longer than 6 | 8 |
| years and shall, subject to the rules of the Department, be
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| excused from payment of renewal fees until the license holder | 10 |
| notifies the
Department, in writing, of an intention to resume | 11 |
| active status. Practice while
on inactive status constitutes | 12 |
| unlicensed practice. A non-renewed license
that has lapsed for | 13 |
| less than 6 years may be restored upon payment of the
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| restoration fee and all lapsed renewal fees. A license that has | 15 |
| lapsed for more
than 6 years may be restored by paying the | 16 |
| required restoration fee and all
lapsed renewal fees and by | 17 |
| providing evidence of competence to resume practice
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| satisfactory to the Department and the Board, which may include | 19 |
| passing a
written examination. All restoration fees and lapsed | 20 |
| renewal fees shall be
waived for an applicant whose license | 21 |
| lapsed while on active duty in the armed
forces of the United | 22 |
| States if application for restoration is made within 12
months | 23 |
| after discharge from the service.
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| (d) Any permanent employee registration card expired for | 25 |
| less than one year
may be restored upon payment of lapsed | 26 |
| renewal fees. Any permanent employee
registration card expired | 27 |
| for one year or more may be restored by making
application to | 28 |
| the Department and filing proof acceptable to the Department of
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| the licensee's fitness to have the permanent employee | 30 |
| registration card
restored, including verification of
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| fingerprint processing through the Department of State Police | 32 |
| and Federal
Bureau of Investigation and paying the restoration | 33 |
| fee.
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| (Source: P.A. 93-438, eff. 8-5-03 .)
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| (225 ILCS 447/35-30)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-30. Employee requirements. All employees of a
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| licensed agency, other than those exempted, shall apply for a
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| permanent employee registration card. The holder of an agency
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| license issued under this Act, known in this Section as
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| "employer", may employ in the conduct of his or her business
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| employees under the following provisions:
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| (1) No person shall be issued a permanent employee
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| registration card who:
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| (A) Is younger than 18 years of age.
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| (B) Is younger than 21 years of age if the
services | 12 |
| will include being armed.
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| (C) Has been determined by the Department to
be | 14 |
| unfit by reason of conviction of an offense in this or
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| another state, other than a traffic offense. The | 16 |
| Department
shall adopt rules for making those | 17 |
| determinations that shall
afford the applicant due | 18 |
| process of law.
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| (D) Has had a license or permanent employee
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| registration card denied, suspended, or revoked under | 21 |
| this Act (i) within one
year before the date the
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| person's application for permanent employee | 23 |
| registration card
is received by the Department; and | 24 |
| (ii) that refusal, denial,
suspension, or revocation | 25 |
| was based on any provision of this
Act other than | 26 |
| Section 40-50,
item (6) or (8) of subsection (a) of | 27 |
| Section 15-10, subsection (b) of Section
15-10, item | 28 |
| (6) or (8) of subsection (a) of Section 20-10, | 29 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 30 |
| subsection (a) of Section 25-10, subsection
(b) of | 31 |
| Section 25-10, item (7) of subsection (a) of Section | 32 |
| 30-10,
subsection (b) of Section 30-10, or Section | 33 |
| 10-40.
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| (E) Has been determined to be incompetent and is | 35 |
| currently under a court order of guardianship or has | 36 |
| been determined to be subject to involuntary or |
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| judicial admission as provided in the Mental Health and | 2 |
| Developmental Disabilities Code and is currently | 3 |
| subject to a court order under those provisions.
Has | 4 |
| been declared incompetent by any court
of competent | 5 |
| jurisdiction by reason of mental disease or
defect and | 6 |
| has not been restored.
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| (F) Has been dishonorably discharged from the
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| armed services of the United States.
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| (2) No person may be employed by a private
detective | 10 |
| agency, private security contractor agency, private
alarm | 11 |
| contractor agency, or locksmith agency under this
Section | 12 |
| until he or she has executed and furnished to the
employer, | 13 |
| on forms furnished by the Department, a verified
statement | 14 |
| to be known as "Employee's Statement" setting forth:
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| (A) The person's full name, age, and residence
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| address.
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| (B) The business or occupation engaged in for
the 5 | 18 |
| years immediately before the date of the execution of
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| the statement, the place where the business or | 20 |
| occupation was
engaged in, and the names of employers, | 21 |
| if any.
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| (C) That the person has not had a license or
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| employee registration denied, revoked, or suspended | 24 |
| under this
Act (i) within one year before the date the | 25 |
| person's application
for permanent employee | 26 |
| registration card is received by the
Department; and | 27 |
| (ii) that refusal, denial, suspension, or
revocation | 28 |
| was based on any provision of this Act other than
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| Section 40-50,
item (6) or (8) of subsection (a) of | 30 |
| Section 15-10, subsection (b) of Section
15-10, item | 31 |
| (6) or (8) of subsection (a) of Section 20-10, | 32 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 33 |
| subsection (a) of Section 25-10, subsection
(b) of | 34 |
| Section 25-10, item (7) of subsection (a) of Section | 35 |
| 30-10,
subsection (b) of Section 30-10, or Section | 36 |
| 10-40.
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| (D) Any conviction of a felony or misdemeanor.
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| (E) Any declaration of incompetence by a court
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| competent jurisdiction that has not been restored.
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| (F) Any dishonorable discharge from the armed
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| services of the United States.
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| (G) Any other information as may be required by
any | 7 |
| rule of the Department to show the good character,
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| competency, and integrity of the person executing the
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| statement.
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| (c) Each applicant for a permanent employee registration
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| card shall have his or her fingerprints submitted to the
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| Department of State Police in an electronic format that
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| complies with the form and manner for requesting and
furnishing | 14 |
| criminal history record information as prescribed
by the | 15 |
| Department of State Police. These fingerprints shall
be checked | 16 |
| against the Department of State Police and Federal
Bureau of | 17 |
| Investigation criminal history record databases now
and | 18 |
| hereafter filed. The Department of State Police shall
charge | 19 |
| applicants a fee for conducting the criminal history
records | 20 |
| check, which shall be deposited in the State Police
Services | 21 |
| Fund and shall not exceed the actual cost of the
records check. | 22 |
| The Department of State Police shall furnish,
pursuant to | 23 |
| positive identification, records of Illinois
convictions to | 24 |
| the Department. The Department may require
applicants to pay a | 25 |
| separate fingerprinting fee, either to the
Department or | 26 |
| directly to the vendor. The Department, in
its discretion, may | 27 |
| allow an applicant who does not have
reasonable access to a | 28 |
| designated vendor to provide his or her
fingerprints in an | 29 |
| alternative manner. The
Department, in its discretion, may also | 30 |
| use other
procedures in performing or obtaining criminal | 31 |
| background
checks of applicants. Instead of submitting his or | 32 |
| her
fingerprints, an individual may submit proof that is
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| satisfactory to the Department that an equivalent security
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| clearance has been conducted. Also, an individual who has
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| retired as a peace officer within 12 months of application may
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| submit verification, on forms provided by the Department and
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| signed by his or her employer, of his or her previous full-time | 2 |
| employment as a
peace officer.
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| (d) The Department shall issue a permanent employee
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| registration card, in a form the Department prescribes, to all
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| qualified applicants.
The holder of a permanent employee | 6 |
| registration card shall
carry the card at all times while | 7 |
| actually engaged in the
performance of the duties of his or her | 8 |
| employment.
Expiration and requirements for renewal of | 9 |
| permanent employee
registration cards shall be established by | 10 |
| rule of the
Department. Possession of a permanent employee | 11 |
| registration
card does not in any way imply that the holder of | 12 |
| the card is
employed by an agency unless the permanent employee
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| registration card is accompanied by the employee
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| identification card required by subsection (f) of this
Section.
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| (e) Each employer shall maintain a record of each
employee | 16 |
| that is accessible to the duly authorized
representatives of | 17 |
| the Department. The record shall contain
the following | 18 |
| information:
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| (1) A photograph taken within 10 days of the date
that | 20 |
| the employee begins employment with the employer. The
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| photograph shall be replaced with a current photograph | 22 |
| every 3
calendar years.
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| (2) The Employee's Statement specified in
subsection | 24 |
| (b) of this Section.
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| (3) All correspondence or documents relating to the
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| character and integrity of the employee received by the
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| employer from any official source or law enforcement | 28 |
| agency.
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| (4) In the case of former employees, the employee
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| identification card of that person issued under subsection | 31 |
| (f)
of this Section. Each employee record shall duly note | 32 |
| if the
employee is employed in an armed capacity. Armed | 33 |
| employee
files shall contain a copy of an active firearm | 34 |
| owner's
identification card and a copy of an active firearm
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| authorization card. Each employer shall maintain a record | 36 |
| for
each armed employee of each instance in which the |
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| employee's
weapon was discharged during the course of his | 2 |
| or her
professional duties or activities. The record shall | 3 |
| be
maintained on forms provided by the Department, a copy | 4 |
| of
which must be filed with the Department within 15 days | 5 |
| of an
instance. The record shall include the date and time | 6 |
| of the
occurrence, the circumstances involved in the | 7 |
| occurrence, and
any other information as the Department may | 8 |
| require. Failure
to provide this information to the | 9 |
| Department or failure to
maintain the record as a part of | 10 |
| each armed employee's
permanent file is grounds for | 11 |
| disciplinary action. The
Department, upon receipt of a | 12 |
| report, shall have the authority
to make any investigation | 13 |
| it considers appropriate into any
occurrence in which an | 14 |
| employee's weapon was discharged and to
take disciplinary | 15 |
| action as may be appropriate.
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| (5) The Department may, by rule, prescribe further
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| record requirements.
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| (f) Every employer shall furnish an employee
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| identification card to each of his or her employees. This
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| employee identification card shall contain a recent photograph
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| of the employee, the employee's name, the name and agency
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| license number of the employer, the employee's personal
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| description, the signature of the employer, the signature of
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| that employee, the date of issuance, and an employee
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| identification card number.
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| (g) No employer may issue an employee identification
card | 27 |
| to any person who is not employed by the employer in
accordance | 28 |
| with this Section or falsely state or represent
that a person | 29 |
| is or has been in his or her employ. It is
unlawful for an | 30 |
| applicant for registered employment to file
with the Department | 31 |
| the fingerprints of a person other than
himself or herself.
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| (h) Every employer shall obtain the identification card
of | 33 |
| every employee who terminates employment with him or her.
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| (i) Every employer shall maintain a separate roster of
the | 35 |
| names of all employees currently working in an armed
capacity | 36 |
| and submit the roster to the Department on request.
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| (j) No agency may employ any person to perform a
licensed | 2 |
| activity under this Act unless the person possesses a
valid | 3 |
| permanent employee registration card or a valid license
under | 4 |
| this Act, or is exempt pursuant to subsection (n).
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| (k) Notwithstanding the provisions of subsection (j), an
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| agency may employ a person in a temporary capacity if all of
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| the following conditions are met:
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| (1) The agency completes in its entirety and
submits to | 9 |
| the Department an application for a permanent
employee | 10 |
| registration card, including the required fingerprint
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| receipt and fees.
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| (2) The agency has verification from the Department
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| that the applicant has no record of any criminal conviction
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| pursuant to the criminal history check conducted by the
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| Department of State Police. The agency shall maintain the
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| verification of the results of the Department of State | 17 |
| Police
criminal history check as part of the employee | 18 |
| record as
required under subsection (e) of this Section.
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| (3) The agency exercises due diligence to ensure
that | 20 |
| the person is qualified under the requirements of the Act
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| to be issued a permanent employee registration card.
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| (4) The agency maintains a separate roster of the
names | 23 |
| of all employees whose applications are currently
pending | 24 |
| with the Department and submits the roster to the
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| Department on a monthly basis. Rosters are to be maintained
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| by the agency for a period of at least 24 months.
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| An agency may employ only a permanent employee applicant
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| for which it either submitted a permanent employee application
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| and all required forms and fees or it confirms with the
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| Department that a permanent employee application and all
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| required forms and fees have been submitted by another agency,
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| licensee or the permanent employee and all other requirements
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| of this Section are met.
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| The Department shall have the authority to revoke,
without | 35 |
| a hearing, the temporary authority of an individual to
work | 36 |
| upon receipt of Federal Bureau of Investigation
fingerprint |
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| data or a report of another official authority
indicating a | 2 |
| criminal conviction. If the Department has not
received a | 3 |
| temporary employee's Federal Bureau of
Investigation | 4 |
| fingerprint data within 120 days of the date the
Department | 5 |
| received the Department of State Police fingerprint
data, the | 6 |
| Department may, at its discretion, revoke the
employee's | 7 |
| temporary authority to work with 15 days written
notice to the | 8 |
| individual and the employing agency.
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| An agency may not employ a person in a temporary capacity
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| if it knows or reasonably should have known that the person
has | 11 |
| been convicted of a crime under the laws of this State,
has | 12 |
| been convicted in another state of any crime that is a
crime | 13 |
| under the laws of this State, has been convicted of any
crime | 14 |
| in a federal court, or has been posted as an unapproved
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| applicant by the Department. Notice by the Department to the
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| agency, via certified mail, personal delivery, electronic
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| mail, or posting on the Department's Internet site accessible
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| to the agency that the person has been convicted of a crime
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| shall be deemed constructive knowledge of the conviction on
the | 20 |
| part of the agency. The Department may adopt rules to
implement | 21 |
| this
subsection (k).
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| (l) No person may be employed under this Section in any
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| capacity if:
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| (1) the person, while so employed, is being paid by
the | 25 |
| United States or any political subdivision for the time so
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| employed in addition to any payments he or she may receive
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| from the employer; or
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| (2) the person wears any portion of his or her
official | 29 |
| uniform, emblem of authority, or equipment while so
| 30 |
| employed.
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| (m) If information is discovered affecting the
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| registration of a person whose fingerprints were submitted
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| under this Section, the Department shall so notify the agency
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| that submitted the fingerprints on behalf of that person.
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| (n) Peace officers shall be exempt from the requirements
of | 36 |
| this Section relating to permanent employee registration
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| cards. The agency shall remain responsible for any peace
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| officer employed under this exemption, regardless of whether
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| the peace officer is compensated as an employee or as an
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| independent contractor and as further defined by rule.
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| (o) Persons who have no access to confidential or
security | 6 |
| information and who otherwise do not provide
traditional | 7 |
| security services are exempt from employee
registration. | 8 |
| Examples of exempt employees include, but are
not limited to, | 9 |
| employees working in the capacity of ushers,
directors, ticket | 10 |
| takers, cashiers, drivers, and reception
personnel. | 11 |
| Confidential or security information is that which
pertains to | 12 |
| employee files, scheduling, client contracts, or
technical | 13 |
| security and alarm data.
| 14 |
| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/40-10)
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| (Section scheduled to be repealed on January 1, 2014)
| 17 |
| Sec. 40-10. Disciplinary sanctions.
| 18 |
| (a) The Department may deny issuance, refuse to renew,
or | 19 |
| restore or may reprimand, place on probation, suspend, or
| 20 |
| revoke any license, registration, permanent employee
| 21 |
| registration card, or firearm authorization card, and it may
| 22 |
| impose a fine not to exceed $1,500 for a first violation and
| 23 |
| not to exceed $5,000 for a second or subsequent violation for
| 24 |
| any of the following:
| 25 |
| (1) Fraud or deception in obtaining or renewing of
a | 26 |
| license or registration.
| 27 |
| (2) Professional incompetence as manifested by poor
| 28 |
| standards of service.
| 29 |
| (3) Engaging in dishonorable, unethical, or
| 30 |
| unprofessional conduct of a character likely to deceive,
| 31 |
| defraud, or harm the public.
| 32 |
| (4) Conviction in Illinois or another state of (i) any
| 33 |
| crime that is a felony under the laws of Illinois; a felony | 34 |
| in
a federal court; a misdemeanor, an essential element of | 35 |
| which
is dishonesty; or directly related to professional |
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LRB094 05342 RAS 35386 b |
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| practice ; or (ii) any 2 or more violent offenses towards | 2 |
| persons or property .
| 3 |
| (5) Performing any services in a grossly negligent
| 4 |
| manner or permitting any of a licensee's employees to | 5 |
| perform
services in a grossly negligent manner, regardless | 6 |
| of whether
actual damage to the public is established.
| 7 |
| (6) Continued practice, although the person
has become | 8 |
| unfit to practice due to any of the
following:
| 9 |
| (A) Physical illness, including, but not
limited | 10 |
| to, deterioration through the aging process or loss of
| 11 |
| motor skills that results in the inability to serve the | 12 |
| public
with reasonable judgment, skill, or safety.
| 13 |
| (B) Mental disability demonstrated by the
entry of | 14 |
| an order or judgment by a court that a
person is in | 15 |
| need of mental treatment or is incompetent.
| 16 |
| (C) Addiction to or dependency on alcohol or
drugs | 17 |
| that is likely to endanger the public. If the
| 18 |
| Department has reasonable cause to believe that a | 19 |
| person is
addicted to or dependent on alcohol or drugs | 20 |
| that
may endanger the public, the Department may | 21 |
| require the
person to undergo an examination to | 22 |
| determine the
extent of the addiction or dependency.
| 23 |
| (7) Receiving, directly or indirectly, compensation
| 24 |
| for any services not rendered.
| 25 |
| (8) Willfully deceiving or defrauding the public on
a | 26 |
| material matter.
| 27 |
| (9) Failing to account for or remit any moneys or
| 28 |
| documents coming into the licensee's possession that
| 29 |
| belong to another person or entity.
| 30 |
| (10) Discipline by another United States
jurisdiction | 31 |
| or foreign nation, if at least one of the grounds
for the | 32 |
| discipline is the same or substantially equivalent to
those | 33 |
| set forth in this Act.
| 34 |
| (11) Giving differential treatment to a person that
is | 35 |
| to that person's detriment because of race, color, creed,
| 36 |
| sex, religion, or national origin.
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| (12) Engaging in false or misleading advertising.
| 2 |
| (13) Aiding, assisting, or willingly permitting
| 3 |
| another person to violate this Act or rules promulgated | 4 |
| under
it.
| 5 |
| (14) Performing and charging for services without
| 6 |
| authorization to do so from the person or entity serviced.
| 7 |
| (15) Directly or indirectly offering or accepting
any | 8 |
| benefit to or from any employee, agent, or fiduciary
| 9 |
| without the consent of the latter's employer or principal | 10 |
| with
intent to or the understanding that this action will | 11 |
| influence
his or her conduct in relation to his or her | 12 |
| employer's or
principal's affairs.
| 13 |
| (16) Violation of any disciplinary order imposed on
a | 14 |
| licensee by the Department.
| 15 |
| (17) Failing to comply with any provision of this
Act | 16 |
| or rule promulgated under it.
| 17 |
| (18) Conducting an agency without a valid license.
| 18 |
| (19) Revealing confidential information, except as
| 19 |
| required by law, including but not limited to information
| 20 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 21 |
| (20) Failing to make available to the Department,
upon | 22 |
| request, any books, records, or forms required by this
Act.
| 23 |
| (21) Failing, within 30 days, to respond to a
written | 24 |
| request for information from the Department.
| 25 |
| (22) Failing to provide employment information or
| 26 |
| experience information required by the Department | 27 |
| regarding an
applicant for licensure.
| 28 |
| (23) Failing to make available to the Department at
the | 29 |
| time of the request any indicia of licensure or
| 30 |
| registration issued under this Act.
| 31 |
| (24) Purporting to be a licensee-in-charge of an
agency | 32 |
| without active participation in the agency.
| 33 |
| (b) The Department shall seek to be consistent in the
| 34 |
| application of disciplinary sanctions.
| 35 |
| (Source: P.A. 93-438, eff. 8-5-03.)
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