Illinois Administrative Code › Title 50 - INSURANCE › Part 4515 - NAVIGATOR, IN-PERSON COUNSELOR AND CERTIFIED APPLICATION COUNSELOR CERTIFICATION › Section 4515.140 - Disqualifying Offense Review

Current through Register Vol. 48, No. 28, July 12, 2024
Review Standards
Section 30(a) of the Illinois Navigator Act allows the Director
				to place on probation, suspend, revoke or refuse to issue or renew a Navigator,
				In-Person Counselor and Certified Application Counselor certification, levy a
				civil penalty, or take any combination of the preceding actions as established
				by rule. Section
				3125.120
				of this Part allows the Director to place on probation, suspend, revoke, or
				refuse to issue or renew a Navigator, In-Person Counselor or Certified
				Application Counselor's certificate or levy a civil penalty or take any
				combination of these actions, when the Navigator, In-Person Counselor,
				Certified Application Counselor or applicant has been convicted of a felony.
				(See Section
				3125.120(a)(6).)
				When reviewing Navigator, In-Person Counselor and Certified Application
				Counselor certifications or applications involving Navigators, In-Person
				Counselors or Certified Application Counselors who have been convicted of a
				felony, the Director shall consider the following factors in determining the
				appropriate action:
a) Nature and
			 severity of the criminal activity. Violent criminals or sex offenders may be
			 denied certification privileges, as well as those convicted of crimes which are
			 insurance related and/or involve untrustworthiness;
b) Time elapsed since the prior criminal
			 conduct. The greater the time period since the criminal conduct, the more
			 leniency is appropriate. When making this determination, the duration since the
			 criminal activity should be proportionate to the severity of the criminal
			 conduct;
c) Absence of additional
			 criminal conduct since the reported felony. Continued criminal conduct of a
			 lesser or greater nature should not be tolerated;
d) Multiple offenses or pattern of criminal
			 conduct. Those engaged in repeated criminal conduct are a greater risk to the
			 public;
e) Restitution. Payment to
			 the victim of the felony is necessary to both satisfy the court order and to
			 demonstrate penitence;
f) Proper
			 disclosure. Failure to fully cooperate or properly report the criminal activity
			 to the Department does not reflect favorably on the applicant's
			 character;
g) Satisfactory
			 completion of sentence and probationary period. The debt to society must be
			 fully satisfied before the applicant is granted any further
			 privileges;
h) Rehabilitation.
			 Post-conviction community service or charitable activity may serve as evidence
			 of rehabilitation;
i) Nature of
			 work performed. There is less risk when the work to be performed does not
			 involve money transactions or direct contact with the public; and
j) Any other facts or circumstances deemed
			 relevant by the Director. Letters of recommendation addressed to the Director
			 attesting to the character and reputation of the applicant or certificate
			 holder may be considered by the Director.