Current through Register Vol. 48, No. 38, September 20, 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.
b)
Any licensee who leases, subcontracts or uses any other similar type of
arrangement to provide fingerprint scanning equipment or services to an
individual or entity shall remain responsible for the actions of the lessee if
the licensee maintains any role in the offering or providing of fingerprint
services to the public beyond the mere lease of the equipment, including, but
not be limited to, receiving criminal history record information or other
personal information from or on behalf of a lessee, transferring fingerprints
to ISP on behalf of a lessee, scheduling appointments for printing services for
a lessee, or training the lessee's employees to provide or offer to provide
fingerprinting services.
c) ISP
shall not accept or process fingerprint requests from any licensee who the
Division has revoked, suspended or otherwise disciplined in a manner
prohibiting the licensee from taking fingerprints or providing fingerprint
services. The Division shall provide to ISP notice of disciplinary measures
taken.
d) A licensee shall conduct
all fingerprint services in accordance with applicable local, State and federal
law regarding privacy, confidentiality and information release, including but
not limited to the Illinois Biometric Information Privacy Act [740 ILCS 14
].
