2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 447/ - Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. › Article 45 - Investigation And Hearing Provisions

(225 ILCS 447/Art. 45 heading)
ARTICLE 45.  
		INVESTIGATION AND HEARING PROVISIONS
(Article scheduled to be repealed on January 1, 2029)
(225 ILCS 447/45-10)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-10. Complaints; investigations; hearings.
(a) The Department may investigate the actions of
any applicant or of any person or persons holding or claiming
to hold a license or registration under this Act.
(b) The Department shall,
before disciplining a
licensee under Section 40-10 or refusing to issue or license, at least 30 days before the date
set for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct the accused to file a written answer to
the charges under oath within 20 days after service, and (iii)
inform the applicant or licensee that failure to answer will
result in a default being entered against the applicant or
licensee.
(c) At the time and place fixed in the notice, the Board
or the hearing officer appointed by the Secretary shall
proceed to hear the charges, and the parties or their counsel
shall be accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, the person's license may, in the discretion of the
Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Secretary considers proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.
(d) The written notice and any notice in the subsequent
proceeding may be served by regular or certified mail to the
licensee's address of record or electronically to the licensee's email address of record, or, if in
the course of the administrative proceeding the party has
previously designated a specific email address at which to
accept electronic service for that specific proceeding, by
sending a copy by email to the party's email address on
record.
(e) The Secretary has the authority to appoint any
attorney licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal
to issue, restore, or renew a license or to discipline a
licensee. The hearing officer has full authority to
conduct the hearing.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/45-15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-15. Hearing; rehearing.
(a) The Board or the hearing officer authorized by the
Department shall hear evidence in support of the formal
charges and evidence produced by the licensee. At the
conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of
fact, conclusions of law, and recommendations. The
report shall contain a finding of whether the accused
person violated this Act or failed to comply with the
conditions required in this Act. The Board shall specify
the nature of the violation or failure to comply and shall
make its recommendation to the Secretary.
(b) At the conclusion of the hearing, a copy of the Board or hearing officer's report shall be served upon the
applicant or licensee by the Department, either personally
or as provided in this Act for the service of a notice of
hearing. Within 20 calendar days after service, the
applicant or licensee may present to the Secretary a
motion in writing for a rehearing, which shall specify the
particular grounds for rehearing. The Department may
respond to the motion for rehearing within 20 calendar
days after its service on the Department. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or upon denial of a motion for rehearing, the Secretary may
enter an order in accordance with the recommendations of
the Board or hearing officer. If the applicant or licensee
orders from the reporting service and pays for a
transcript of the record within the time for filing a
motion for rehearing, the 20-day period within which a
motion may be filed shall commence upon the delivery of
the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the
report of the Board or the hearing officer, the Secretary may issue an order contrary to the report. The finding is not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution for the
violation of this Act.
(d) Whenever
the Secretary is not satisfied that substantial justice has been done, the Secretary
 may order a rehearing by
the same or another hearing officer.
(e) All proceedings under this Section are matters of
public record and shall be preserved.
(f) Upon the suspension or revocation of a license, the
licensee shall surrender the license to the Department and,
upon failure to do so, the Department shall seize the same.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/45-20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-20. Summary suspension of a license. The Secretary
 may summarily suspend a license without a hearing,
simultaneously with the initiation of the procedure for a
hearing provided for in this Act, if the Secretary finds that the public interest, safety, or welfare requires such emergency action. If the Secretary summarily
 suspends a license without a hearing, a
hearing by the Department shall be held within 30 days after
the suspension has occurred. The suspended licensee may seek a
continuance of the hearing, during which time the suspension
shall remain in effect. The proceeding shall be concluded
without appreciable delay. If the Department does not hold a
hearing within 30 days after the date of suspension and the suspended licensee did not seek a continuance, the
licensee's license shall be automatically reinstated.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/45-25)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-25. Disposition by consent order. At any point in any investigation or disciplinary proceeding provided for in the Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/45-30)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-30. Restoration of license after disciplinary
proceedings.  At any time after the successful completion of a term of indefinite probation, indefinite suspension, or revocation of a license, the Department may restore it to the licensee, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest. No person or entity whose license, registration, or authority has been revoked as authorized in this Act may apply for restoration of that license, registration, or authority until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/45-35)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-35. 
		Cease and desist orders. 
		Whenever the
Department has reason to believe a person, firm,
corporation, or other legal entity has violated any provision
of Section 10-5, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person, firm, corporation, or other
legal entity. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date
of the rule to file an answer to the satisfaction of the
Department.
Failure to answer to the satisfaction of the Department
shall cause
an order to
cease and desist to be issued immediately.
(Source: P.A. 93-438, eff. 8-5-03.)
(225 ILCS 447/45-40)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-40. Administrative review. All final
administrative decisions of the Department
are subject to judicial review under
Article III of the Code of Civil Procedure. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure. The proceedings for judicial
review shall be commenced in the circuit court of the county
in which the party applying for review resides; but if
the party is not a resident of Illinois, the venue shall be in
Sangamon County. The Department shall not be required to
certify any record to the court or file any answer in court
or otherwise appear in any court in a judicial review
proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
 Failure on the part
of the applicant or licensee to file a receipt in court is grounds for
dismissal of the action. During all judicial proceedings
incident to a disciplinary action, the sanctions
imposed upon a licensee by the Department shall remain in
effect, unless the court determines justice requires a stay of
the order.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/45-45)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-45. Prima facie proof. An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, is
prima facie proof that:
(1) the signature is that of the Secretary; and
(2) the Secretary is qualified to act.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/45-50)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-50. Unlicensed practice; fraud in obtaining a
license.
(a) A person who violates any of the following
provisions shall be guilty of a Class A misdemeanor; a person
who commits a second or subsequent violation of these
provisions is guilty of a Class 4 felony:
(1) The practice of or attempted practice of or     holding out as available to practice as a private detective, private security contractor, private alarm contractor, fingerprint vendor, or locksmith without a license.
(2) Operation of or attempt to operate a private     detective agency, private security contractor agency, private alarm contractor agency, fingerprint vendor agency, or locksmith agency without ever having been issued a valid agency license.
(3) The obtaining of or the attempt to obtain any     license or authorization issued under this Act by fraudulent misrepresentation.
(b) Whenever a licensee is convicted of a felony related
to the violations set forth in this Section, the clerk of the
court in any jurisdiction shall promptly report the conviction
to the Department and the Department shall immediately revoke
any license as a private detective, private security
contractor, private alarm contractor, fingerprint vendor, or locksmith held by
that licensee. The individual shall not be eligible for
licensure under this Act until at least 10 years have elapsed
since the time of full discharge from any sentence imposed for
a felony conviction. If any person in making any oath or
affidavit required by this Act swears falsely, the person is
guilty of perjury and may be punished accordingly.
(c) In addition to any other penalty provided by law, a
person, licensed or unlicensed, who violates any provision of this Section shall pay a
civil penalty to the Department in an amount not to exceed
$10,000 for each offense, as determined by the Department. The
civil penalty shall be imposed in accordance with this Act. The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order constitutes a judgment and may be filed and executed in the same manner as any judgment from any court of record.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/45-55)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-55. Subpoenas.
(a) The Department may subpoena and bring before it any
person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or the Secretary's designee deems relevant or material to any such investigation or hearing conducted by the Department
with the same fees and in the
same manner as prescribed in civil cases in the courts of this State.
(b) Any circuit court, upon the application of the applicant,
licensee, or Department, may order
the
attendance and testimony of witnesses and the production of relevant documents, files, records, books
and papers in connection with any hearing or investigation.
The
circuit court may compel obedience to its order by proceedings
for contempt.
(c) The Secretary, the hearing officer, any member of the Board, or a certified
shorthand court reporter may administer oaths at any hearing
the Department conducts. Notwithstanding any other statute or
Department rule to the contrary, all requests for testimony,
production of documents or records shall be in
accordance with this Act.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/45-60)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-60. Stenographers. The Department, at its
expense, shall provide a stenographer to preserve a record of
all formal hearing proceedings if a license may be
revoked, suspended, or placed on probationary status or other
disciplinary action is taken. Any registrant or licensee who
is found to have violated this Act or who fails to appear for
a hearing to refuse to issue, restore, or renew a license or
to discipline a licensee may be required by the Department to
pay for the costs of the proceeding. These costs are limited
to costs for court reporters, transcripts, and witness
attendance and mileage fees. The Secretary may waive payment
of costs by a registrant or licensee in whole or in part where
there is an undue financial hardship.
(Source: P.A. 98-253, eff. 8-9-13.)