Current through Register Vol. 48, No. 38, September 20, 2024
a) Any person seeking employee registration
under Section 35-30 of the Act shall file an application with the Division, on
forms provided by the Division, along with the following:
1) One of the following:
A) Copy of the verification of fingerprint
processing from ISP or from one of the ISP live scan vendors whose equipment
has been certified by ISP or a fingerprint vendor agency licensed by the
Division;
B) Out-of-state residents
unable to utilize the ISP electronic fingerprint process may submit to ISP one
fingerprint card issued by ISP, accompanied by the fee specified by ISP;
or
C) In lieu of fingerprints,
verification, on forms provided by the Division, of proof of retirement as a
peace officer, as defined in Section 5-10 of the Act, within 12 months prior to
application. The verification shall be signed by the applicant's
employer;
2) The
required registration fee specified in Section
1240.570.
b) An agency may employ an
applicant in a temporary capacity in accordance with Section 35-30(k) of the
Act by:
1) submitting the required
application in accordance with subsection (a) on behalf of the person or
verifying with the Division that an application has been submitted for the
individual;
2) verifying on the
Division's website (
www.idfpr.com) that the
applicant has no criminal conviction pursuant to the ISP criminal history
check;
3) maintaining a separate
roster of the names of all employees whose applications are pending;
and
4) meeting any other
requirements set forth in this Part or the Act.
c) If no record is found relating to the
fingerprints and the applicant is otherwise qualified under the Act, the
Division shall issue to the applicant a permanent employee registration card
that shall be valid for the period specified on the face of the card and shall
be renewable upon the conditions set forth in Section
1240.550.
d) A valid permanent employee registration
card shall serve as proof to an employer that the bearer is eligible for
employment.
e) Exempt employees are
as follows:
1) Private Detective. Persons who
have no access to confidential or detective related information and who
otherwise do not provide traditional detective related services are exempt from
employee registration. Examples of exempt employees include reception
personnel. Confidential or detective related information is that which pertains
to employee files, scheduling, client contracts or technical data.
2) Private Alarm Contractor. Persons who have
no access to confidential or alarm related information and who otherwise do not
provide traditional alarm related services are exempt from employee
registration. Examples of exempt employees include, but are not limited to,
employees working in the capacity of reception personnel. Confidential or
security information is that which pertains to employee files, scheduling,
client contracts or technical alarm data.
3) Private Security Contractor. Persons who
have no access to confidential or security information and who otherwise do not
provide traditional security services are exempt from employee registration.
Examples of exempt employees include, but are not limited to, employees working
in the capacity of ticket takers, cashiers, drivers, ushers and reception
personnel. Confidential or security information is that which pertains to
employee files, scheduling, client contracts or technical security
data.
4) Locksmith. Persons
who have no access to confidential or security information and who otherwise do
not provide traditional locksmith services, as defined in this Act, are exempt
from employee registration. Examples of exempt employees include, but are not
limited to, employees working in the capacity of key cutters, cashiers,
drivers, and reception personnel. Confidential or security information is that
which pertains to employee files, scheduling, client contracts, master key
charts, access codes, or technical security and alarm data. (Section
30-5(10) of the Act)
5) Fingerprint
Vendor
A) Persons who have no access to
confidential or security information and who otherwise do not provide or
operate fingerprint equipment or other equipment designed to obtain fingerprint
images for the purpose of providing fingerprint images and associated
demographic data to ISP are exempt from employee registration. Examples of
exempt employees include, but are not limited to, employees working in the
capacity of cashiers, ushers and reception personnel. Confidential or security
information is that which pertains to employee files, scheduling, client
contracts or technical security data.
B)
No registered employee of a
licensed fingerprint vendor agency may operate live scan fingerprint equipment
or other equipment designed to obtain fingerprint images for the purpose of
providing fingerprint images and associated demographic data to ISP.
(Section 31-20(d) of the Act)
6) Individuals currently employed by this
State, a political subdivision of this State, or a federal agency as peace
officers, as defined in Section 5-10 of the Act, who are in good standing are
not required to obtain permanent employee registration cards. If the individual
ceases to be employed as a peace officer, then the agency is required to obtain
a permanent employee registration card in accordance with this
Section.
7) All employees of any
agency licensed under the Act who reside outside of Illinois and who perform no
duties in Illinois.
8) Clerical or
administrative personnel who do not perform services for clients but prepare or
assist in the preparation of reports, memoranda, correspondence or other
documents or records that contain confidential information are not exempt from
employee registration.
f) A registered employee of a private
detective agency shall not hold himself or herself out as a private detective
or use the title "private detective", but may use the title "private
investigator" provided that he or she reports the name of the private detective
agency that employs him or her.