(225 ILCS 447/40-10)
(Section scheduled to be repealed on January 1, 2024)
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 by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony in a federal court; or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
(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 his or her conduct in relation to his or her 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) Conducting 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 his or her 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 his or her immediate possession than he or she 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 Department of 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. 98-253, eff. 8-9-13.)
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Last modified: February 18, 2015