(225 ILCS 447/40-10)
(Section scheduled to be repealed on January 1, 2014)
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, and may impose a fine not to exceed $10,000 for each violation for any of the following: (1) Fraud or deception 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 entry of a plea of guilty or
nolo contendere or an admission of guilt in Illinois, another state, or other jurisdiction of any crime that is a felony under the laws of Illinois; a felony in a federal court; a misdemeanor, an essential element of which is dishonesty; or directly related to professional practice.
(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) Mental disability demonstrated by the entry
of an order or judgment by a court that a person is in need of mental treatment or is incompetent.
(C) Addiction to or dependency on alcohol or
drugs that is likely to endanger the public. If the Department has reasonable cause to believe that a person is addicted to or dependent on alcohol or drugs that may endanger the public, the Department may require the person to undergo an examination to determine the extent of the addiction or dependency.
(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
or foreign nation, 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.
(b) The Department shall seek to be consistent in the application of disciplinary sanctions.
(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.
(Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)