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 40 - Disciplinary Provisions

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(Article scheduled to be repealed on January 1, 2029)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(Section scheduled to be repealed on January 1, 2029)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