Current through Register Vol. 48, No. 38, September 20, 2024
a) An applicant for licensure as a
fingerprint vendor shall submit an application, on forms supplied by the
Division, that shall include the following:
1) verification that the applicant is at
least 18 years of age.
2) 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. Applicants shall not take fingerprints of themselves for
processing;
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 at 20 Ill. Adm. Code
1215.50; 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.
3) certification issued by ISP that the
applicant has successfully completed a fingerprint vendor training course
conducted or authorized by ISP.
4)
proof of at least $1,000,000 of general liability insurance held by the
applicant as evidenced by a certificate of insurance from the insurer. A
fingerprint vendor employed by a licensed fingerprint vendor agency may provide
proof that his or her actions as a fingerprint vendor are covered by the
liability insurance of his or her employer.
5) the required fees specified in Section
1240.570.
6) certification issued by ISP that the
applicant's fingerprinting equipment and software meets all specifications of
ISP if the applicant is not employed by a fingerprint vendor agency or is not
required to obtain a fingerprint vendor agency license. Compliance with the ISP
fingerprinting equipment and software specifications is a continuing
requirement for licensure and shall be provided to Division personnel upon
request.
7) proof that the
applicant maintains an office location in Illinois and attestation that the
applicant will operate from that location when providing fingerprint services
unless authorized to provide services from a location other than the stated
office location.
8) all other
information the Division deems relevant to determine the applicant's
qualifications under the Act and this Part.
b) Failure to maintain general liability
insurance and failure to provide the Division with written proof of the
insurance, upon request, shall result in cancellation of the license without a
hearing.
c) In addition to any
other requirements, an applicant for licensure shall meet the following:
1) Has not been convicted of any felony in
any jurisdiction or at least 10 years have elapsed since the time of full
discharge from a sentence imposed for a felony conviction;
2) Is of good moral character. Good moral
character is a continuing requirement of licensure. Conviction of crimes other
than felonies may be used in determining moral character, but shall not
constitute an absolute bar to licensure, except when the applicant is a
registered sex offender;
3) Has not
been declared by any court of competent jurisdiction to be incompetent by
reason of mental or physical defect or disease, unless a court has subsequently
declared him or her to be competent;
4) Is not suffering from dependence on
alcohol or from narcotic addiction or dependence;
5) Has not been dishonorably discharged from
the armed forces of the United States;
6) Submits his or her fingerprints, in
accordance with the provisions of the Act and this Part, including but not
limited to the payment of any required fees;
7) Has not violated any provision of the Act
or this Part;
8) Pays all required
licensure fees.
d) A
person licensed as a fingerprint vendor or any employee of a licensed
fingerprint vendor agency may not possess or carry a firearm in the course of
providing fingerprinting services. This subsection shall not apply to an active
duty sworn peace officer acting within the scope of his or her
duties.
e) The Division shall not
grant or authorize the issuance of a firearm control card to a fingerprint
vendor or any employee of a licensed fingerprint vendor agency unless the
person is authorized to carry a firearm under the Act or authorized in
accordance with Section
1240.530(h).
f) Upon certification of the applicant's
fingerprinting equipment by ISP as provided in subsection (a)(6) or in Section
1240.610(c),
an unlicensed person may operate the fingerprinting equipment and otherwise
take and submit fingerprints provided that the unlicensed person submits to the
Division an application for licensure as a fingerprint vendor within 30 days
after the ISP certification. In addition, the unlicensed person must have
successfully completed a fingerprint vendor training course conducted or
authorized by ISP. In the event the Division denies the application, the
applicant shall cease operating the fingerprinting equipment and otherwise
taking or submitting fingerprints.
