Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1240 - PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY, FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004 › Subpart G - FINGERPRINT VENDOR › Section 1240.620 - Fingerprint Vendor - Standards, Unethical, Unauthorized, or Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Division 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, or permanent employee registration
				card,and may impose a fine [225
				ILCS 447/40-10(a) ], based on a
				finding of unethical, unauthorized or unprofessional conduct, which shall
				include, but is not limited to, the following acts or practices:
1) Errors and omissions in work orders
				submitted for print verification or other information, including but not
				limited to ORI number errors;
2)
				Errors and omissions in work orders submitted for print verification or other
				information and not meeting the following standards or levels of performance:
A) Demographic field errors shall not exceed
				the acceptable accuracy rate established by ISP of those records audited by ISP
				or its designee during any analyzed audit timeframe;
B) Fingerprint quality rejects shall not
				exceed the acceptable error rate established by ISP of those records audited by
				ISP or its designee during any analyzed audit timeframe;
C) Fingerprint visual quality errors shall
				not exceed the acceptable review rate established by ISP of those records
				audited by ISP or its designee during any analyzed audit timeframe;
3) Failing to have a clause in all
				software and/or hardware agreements that a fingerprint vendor licensee enters
				into to obtain, repair, update and/or maintain fingerprint machines that
				require a software and/or hardware vendor to maintain the confidentiality of
				information that may be exposed to the software and/or hardware vendor in
				obtaining, repairing, updating and/or maintaining a fingerprint
				machine;
4) Unlicensed practice by
				any person employed by, authorized by, assisted by in any manner, or permitted
				by a licensed fingerprint vendor or licensed fingerprint vendor agency that
				provides fingerprinting services, including, but not limited to, rolling a
				print or any other activity defined as unlicensed practice;
5) Practicing or offering to practice on an
				expired or inactive license, constituting unlicensed or unauthorized
				practice;
6) Failure to maintain a
				record, for at least 3 years, listing the identification number of the machine
				used to fingerprint each individual and the location where the individual was
				fingerprinted;
7) A determination
				and notice from ISP that a licensee is in noncompliance with ISP procedures,
				policies or practices, causing ISP to terminate or otherwise limit that
				licensee's ability to submit fingerprints to ISP;
8) Failure by a licensee to obtain the
				required consent of any person being printed prior to providing any fingerprint
				services;
9) Providing, selling or
				offering to sell or provide any information for a fee or any other valuable
				consideration any information that has been obtained from a person for whom the
				licensee is providing or has provided fingerprint services;
10) Sending or providing fingerprint or other
				criminal history record information to any party other than to the designated
				authorized party. "Authorized party" is any party that is authorized by law to
				request a criminal history record check and receive the results; however, the
				authorized party shall not be the licensee nor shall fingerprint or other
				criminal history record information be returned to the licensee;
11) Providing or offering to provide services
				or using techniques for which one is not qualified by education, training and
				experience or providing or offering to provide services as a fingerprint vendor
				without proper licensure;
12)
				Revealing facts, data or information relating to a client or examinee without
				the expressed consent of the person to whom fingerprinting services are being
				offered or are being provided or as allowed by law. The release of information
				with "the expressed consent of the client" shall mean that the licensee, prior
				to the release of the information, has obtained written consent and made
				certain that the client understood the possible uses or distributions of the
				information;
13) Making gross or
				deliberate misrepresentations or misleading claims as to his/her
				qualifications;
14) Refusing to
				divulge to the Division, upon request, all information, records, techniques or
				procedures used in his/her activities or practice;
15) Directly or indirectly giving to or
				receiving from any person, firm or corporation any fee, commission, rebate or
				other form of compensation for any professional services not actually
				rendered;
16) Impersonating another
				person holding a license or allowing another person to use his/her license to
				provide fingerprint vendor services;
17) Submission to a third party of fraudulent
				information relating to any individual;
18) Providing or offering to provide
				fingerprint services when the licensee has a conflict of interest with the
				person to whom services are offered or provided. "Conflict of Interest" shall
				include but is not limited to those situations in which a licensee currently
				has or may have had a social, business or other relationship of a nature that
				might impair, or give the appearance of impairing, the impartiality or
				independence of the licensee. The licensee may only continue to provide or
				offer to provide fingerprint services to the person after the licensee makes
				full disclosure of the potential conflict on the work order and explains the
				conflict of interest to the person to whom fingerprinting services are being
				offered or provided.