225 ILCS 447/ Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

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PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 447/) Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

225 ILCS 447/Art. 40

    (225 ILCS 447/Art. 40 heading) ARTICLE 40. DISCIPLINARY PROVISIONS.(Article scheduled to be repealed on January 1, 2029)

225 ILCS 447/40-5
    (225 ILCS 447/40-5)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-5. Injunctive relief.
    (a) The practice of a private detective, private security contractor, private alarm contractor, fingerprint vendor, locksmith, private detective agency, private security contractor agency, private alarm contractor agency, fingerprint vendor agency, or locksmith agency by any person, firm, corporation, or other legal entity that has not been issued a license by the Department or whose license has been suspended, revoked, or not renewed is hereby declared to be inimical to the public safety and welfare and to constitute a public nuisance. The Secretary may, in the name of the People of the State of Illinois through the Attorney General of the State of Illinois or the State's Attorney of any county in which the violation is alleged to have occurred in the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, if satisfied by affidavit or otherwise that the person, firm, corporation, or other legal entity is or has been conducting activities in violation of this Act, the court may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings shall be conducted as in civil cases. If it is established the defendant has been or is conducting activities in violation of this Act, the court may enter a judgment enjoining the defendant from that activity. In case of violation of any injunctive order or judgment entered under this Section, the court may punish the offender for contempt of court. Injunctive proceedings shall be in addition to all other penalties under this Act.
    (b) If any person practices as a private detective, private security contractor, private alarm contractor, fingerprint vendor, locksmith, private detective agency, private security contractor agency, private alarm contractor agency, fingerprint vendor agency, or locksmith agency or holds himself or herself out as such without having a valid license under this Act, then any licensee, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section. Reasonable attorney's fees and costs may be awarded to the licensee, interested party, or person injured if the licensee, interested party, or person injured successfully obtains injunctive relief, whether by consent or otherwise.
(Source: P.A. 102-418, eff. 8-20-21; 103-309, eff. 1-1-24.)

225 ILCS 447/40-10
    (225 ILCS 447/40-10)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-10. Disciplinary sanctions.
    (a) The Department 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, permanent employee registration card, canine handler authorization card, canine trainer authorization card, or firearm control card, may impose a fine not to exceed $10,000 for each violation, and may assess costs as provided for under Section 45-60, for any of the following:
        (1) Fraud, deception, or misrepresentation in

obtaining or renewing of a license or registration.
        (2) Professional incompetence as manifested by poor

standards of service.
        (3) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (4) Conviction of or plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any other jurisdiction or the entry of an administrative sanction by a government agency in this State or any other jurisdiction; action taken under this paragraph (4) for a misdemeanor or an administrative sanction is limited to a misdemeanor or administrative sanction that has as an essential element of dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game.
        (5) Performing any services in a grossly negligent

manner or permitting any of a licensee's employees to perform services in a grossly negligent manner, regardless of whether actual damage to the public is established.
        (6) Continued practice, although the person has

become unfit to practice due to any of the following:
            (A) Physical illness, mental illness, or other

impairment, including, but not limited to, deterioration through the aging process or loss of motor skills that results in the inability to serve the public with reasonable judgment, skill, or safety.
            (B) (Blank).
            (C) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
        (7) Receiving, directly or indirectly, compensation

for any services not rendered.
        (8) Willfully deceiving or defrauding the public on a

material matter.
        (9) Failing to account for or remit any moneys or

documents coming into the licensee's possession that belong to another person or entity.
        (10) Discipline by another United States

jurisdiction, foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
        (11) Giving differential treatment to a person that

is to that person's detriment because of race, color, creed, sex, religion, or national origin.
        (12) Engaging in false or misleading advertising.
        (13) Aiding, assisting, or willingly permitting

another person to violate this Act or rules promulgated under it.
        (14) Performing and charging for services without

authorization to do so from the person or entity serviced.
        (15) Directly or indirectly offering or accepting any

benefit to or from any employee, agent, or fiduciary without the consent of the latter's employer or principal with intent to or the understanding that this action will influence the person's conduct in relation to the person's employer's or principal's affairs.
        (16) Violation of any disciplinary order imposed on a

licensee by the Department.
        (17) Performing any act or practice that is a

violation of this Act or the rules for the administration of this Act, or having a conviction or administrative finding of guilty as a result of violating any federal or State laws, rules, or regulations that apply exclusively to the practices of private detectives, private alarm contractors, private security contractors, fingerprint vendors, or locksmiths.
        (18) Owning, operating, or managing an agency without

a valid license.
        (19) Revealing confidential information, except as

required by law, including but not limited to information available under Section 2-123 of the Illinois Vehicle Code.
        (20) Failing to make available to the Department,

upon request, any books, records, or forms required by this Act.
        (21) Failing, within 30 days, to respond to a written

request for information from the Department.
        (22) Failing to provide employment information or

experience information required by the Department regarding an applicant for licensure.
        (23) Failing to make available to the Department at

the time of the request any indicia of licensure or registration issued under this Act.
        (24) Purporting to be a licensee-in-charge of an

agency without active participation in the agency.
        (25) A finding by the Department that the licensee,

after having the licensee's license placed on probationary status, has violated the terms of probation.
        (26) Violating subsection (f) of Section 30-30.
        (27) A firearm control card holder having more

firearms in the holder's immediate possession than the holder can reasonably exercise control over.
        (28) Failure to report in writing to the Department,

within 60 days of an entry of a settlement or a verdict in excess of $10,000, any legal action in which the quality of the licensee's or registrant's professional services was the subject of the legal action.
    (b) All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.
    (c) The Department shall adopt rules that set forth standards of service for the following: (i) acceptable error rate in the transmission of fingerprint images and other data to the Illinois State Police; (ii) acceptable error rate in the collection and documentation of information used to generate fingerprint work orders; and (iii) any other standard of service that affects fingerprinting services as determined by the Department.
    The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient.
(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

225 ILCS 447/40-15
    (225 ILCS 447/40-15)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-15. Suspension or revocation of permanent employee registration card. Individuals registered as employees pursuant to the provisions of Section 35-30 of this Act shall be subject to the disciplinary sanctions of this Act and shall otherwise comply with this Act and the rules promulgated under it. Notwithstanding any other provision in this Act to the contrary, registered employees of an agency shall not be responsible for compliance with any requirement that this Act assigns to the agency or the licensee-in-charge regardless of the employee's job title, job duties, or position in the agency. The procedures for disciplining a licensee shall also apply in taking action against a registered employee.
(Source: P.A. 93-438, eff. 8-5-03.)

225 ILCS 447/40-20
    (225 ILCS 447/40-20)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-20. Confidential information; violation. Any person who is or has been an employee of a licensee shall not divulge to anyone, other than to the person's employer, except as required by law or at the employer's direction, any confidential or proprietary information acquired during the person's employment. Any individual who violates this Section or who files false papers or reports to the person's employer may be disciplined under Section 40-10 of this Act.
(Source: P.A. 103-309, eff. 1-1-24.)

225 ILCS 447/40-25
    (225 ILCS 447/40-25)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-25. Submission to physical or mental examination.
    (a) The Department or Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense of the Department. The Department or Board shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination, evaluation, or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. The Department or the Board may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department or the Board may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at the individual's own expense, another physician of the individual's choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, or both, when directed, shall result in automatic suspension without hearing, until such time as the individual submits to the examination.
    (b) In instances in which the Secretary immediately suspends a person's license for the person's failure to submit to a mental or physical examination when directed, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay.
    (c) In instances in which the Secretary otherwise suspends a person's license pursuant to the results of a compelled mental or physical examination, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    (d) An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that the individual can resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license.
(Source: P.A. 103-309, eff. 1-1-24.)

225 ILCS 447/40-30
    (225 ILCS 447/40-30)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-30. Insufficient funds; checks. A person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it was drawn shall pay to the Department, in addition to the amount already owed, a penalty of $50. The Department shall notify the person by first class mail that the person's check or payment was returned and that the person shall pay to the Department by certified check or money order the amount of the returned check plus a $50 penalty within 30 calendar days after the date of the notification. If, after the expiration of 30 calendar days of the notification, the person has failed to remit the necessary funds and penalty, the Department shall automatically terminate the license or deny the application without a hearing. If the returned check or other payment was for issuance of a license under this Act and that person practices as a licensee, that person may be subject to discipline for unlicensed practice as provided in this Act. If, after termination or denial, the person seeks a license, the person shall petition the Department for restoration and the person may be subject to additional discipline or fines. The Secretary may waive the penalties or fines due under this Section in individual cases where the Secretary finds that the penalties or fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 103-309, eff. 1-1-24.)

225 ILCS 447/40-35

    (225 ILCS 447/40-35)
    Sec. 40-35. (Repealed).
(Source: P.A. 98-253, eff. 8-9-13. Repealed by P.A. 100-872, eff. 8-14-18.)

225 ILCS 447/40-40
    (225 ILCS 447/40-40)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-40. Nonpayment of child support. In cases where the Department of Healthcare and Family Services (formerly Department of Public Aid) or any circuit court has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
(Source: P.A. 98-253, eff. 8-9-13.)

225 ILCS 447/40-45
    (225 ILCS 447/40-45)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-45. Failure to file a tax return. The Department may refuse to issue or may suspend, without a hearing as provided for in the Civil Administrative Code of Illinois, the license of any person, firm, or other entity that fails to file a tax return, or pay a tax, penalty, or interest shown in a filed return, or to pay any final assessment of a tax, penalty, or interest, as required by any law administered by the Department of Revenue until the requirements of the law are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(Source: P.A. 98-253, eff. 8-9-13.)

225 ILCS 447/40-50
    (225 ILCS 447/40-50)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 40-50. Statute of limitations. No action may be taken under this Act against a person or entity licensed under this Act unless the action is commenced within 5 years after the occurrence of the alleged violations. A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation.
(Source: P.A. 93-438, eff. 8-5-03.)