Current through Register Vol. 48, No. 12, March 22, 2024
a)
Any livescan vendor authorized to provide livescan non-criminal fingerprinting
services pursuant to a standardized livescan vendor authorization contract
issued by the Department shall determine a fee for collecting fingerprints and
shall determine an area of the State in which to provide service.
b) Any livescan vendor that has two
or more years of experience transmitting fingerprints electronically to the
Illinois State Police (ISP) and that meets the requirements of the
Department's standardized livescan vendor authorization
contract may individually enter into a livescan vendor
authorization contract with the Department. A livescan vendor
authorized to provide livescan non-criminal fingerprinting services pursuant to
a standardized livescan vendor authorization contract shall
meet the following requirements, which shall be included in the terms and
conditions of the standardized livescan vendor authorization
contract. Equipment failure or lack of availability do not excuse a livescan
vendor from compliance with these requirements:
1) The livescan vendor shall use only
equipment that
has been certified by ISP to collect
inkless fingerprints and software that is up to date and meets the
requirements of ISP for the electronic submission of fingerprints. (Section 15
of the Act)
A) The livescan vendor shall
maintain backup equipment to provide scheduled fingerprinting in case of
livescan equipment failure.
B) If a
livescan vendor agrees to provide service to an individual, the livescan vendor
shall collect the individual's fingerprints within 10 days after agreeing to
provide service.
2) For
any individual to whom the livescan vendor agrees to provide service, the
livescan vendor shall provide fingerprinting within 10 working days after a
request. Fingerprinting shall be performed at a location within the county of
the individual's residence for counties with a population more than 100,000 and
for small counties either within the county of the individual's residence or
within 35 miles of the facility providing the Livescan Request Form. For any
facility to which the livescan vendor agrees to provide service, the vendor
will make available special on-site fingerprinting sessions for groups of 20 or
more. The livescan vendor shall provide a reasonable amount of weekend and
after 5:00 p.m. hours.
3) The
livescan vendor shall electronically transmit the fingerprints and
required data to ISP through a secure network within one business day
after the fingerprints are collected. The fingerprint image and demographic
data shall comply with all Electronic Fingerprint Submission Specifications
(EFSS) of ISP and all Electronic Fingerprint Transmission Specifications
standards of the Federal Bureau of Investigation. (Section 15 of the
Act)
4) The livescan vendor shall
collect demographic data from the individual and
electronically
transmit a daily file of required data to the Department in a manner
prescribed by the Department within one business day after the fingerprints are
collected. (Section 15 of the Act) All data records from one business day shall
be transmitted in one data file to the Department in the prescribed format.
A) The daily file shall contain demographic
data, including, but not limited to, name, address, social security number,
transaction control number (TCN), state and city.
B) The livescan vendor shall provide the
Department with access to the electronic file transmitted to ISP.
C) The livescan vendor shall be responsible
for all costs of fingerprint collection equipment, processing, transmission,
and data storage. The Department is under no obligation to change any of its
processes to coordinate with the vendor's equipment. The livescan vendor shall
conform to the Department's requirements for receiving data.
5) The livescan vendor shall
archive (store, back up, retrieve, etc.) the fingerprints transmitted to ISP
and the daily files transmitted to the Department in a secure manner for the
contract period so that the Department, an individual, educational entity,
staffing agency, workforce intermediary, organization that provides pro bono
legal services, or health care employer can verify at a later date that a
specific print or daily file was submitted or can resubmit the print or daily
file. If requested by the Department, the livescan vendor shall provide the
stored data to the Department in the format requested by the Department upon
expiration or termination of the contract.
6) The livescan vendor shall respond to any
follow-up inquiries and provide any reports required by the
Department.
7) The livescan vendor
shall effectively demonstrate, through a verification provided
by ISP, that the livescan vendor's business entity has
2 or more years of successful experience transmitting
fingerprints electronically to ISP. (Section 15 of the Act)
8) Only livescan technicians who have had a
fingerprint-based criminal history records check and no disqualifying
convictions as listed in Section 25 of the Act and Section
955.160 of this Part shall
collect fingerprints and transmit the data files electronically to
ISP.
9) The livescan vendor shall
provide a means for users (i.e., individuals, educational entities, staffing
agencies, workforce intermediaries, organizations that provide pro bono legal
services, or health care employers) to pay the livescan vendor the amount due
to ISP for livescan fingerprints submitted for criminal history records checks.
A) The livescan vendor shall act as designee
for the user in paying fees into the State Police Services Fund. The livescan
vendor shall maintain or provide a means of prepayment. Charges for the
vendor's livescan services and the amount due to ISP shall be charged against
this prepaid account. The livescan vendor shall provide either an on-line or a
paper record of account transactions to a user at least monthly. The livescan
vendor shall determine the amount of prepaid balance to be kept in the account
by the user, based upon the frequency of the user's charges against the
account.
B) The livescan vendor may
charge an additional amount to compensate for maintaining the accounts. The
livescan vendor may refrain from transmitting any prints to ISP if the user's
account does not have funds to pay for the prints being submitted. The livescan
vendor shall notify ISP, the Department, and the user when a fingerprint
transmission is retained because of lack of funds in the user's
account.
C) The livescan vendor may
deny a prepaid account to any user that is unable to maintain the account with
fewer than 60 days past due until the user pays the balance due in the account.
If the user becomes more than 60 days past due on a second occasion, the
livescan vendor is not required to offer the service of providing a prepaid
account to the user.
D) The
livescan vendor shall promptly transmit funds due to ISP.
E) All costs associated with the
fingerprint-based criminal history records check, including fees charged by
ISP, shall be paid by the user.
10) The livescan vendor shall require the
individual to present current, valid government-issued photo identification or
other valid identification. The livescan vendor shall screen all individuals at
the time of fingerprinting to ensure that the individual is being fingerprinted
for the purpose intended. Only individuals presenting a Livescan Request Form
generated from the Health Care Worker Registry's web application shall be
allowed to be fingerprinted under the process of initiating fingerprint-based
criminal history records checks required by the Act and this Part. The livescan
vendor shall complete the bottom portion of the Livescan Request Form and
return it to the individual to confirm that the individual was successfully
fingerprinted. The livescan vendor may charge an amount in addition to the rate
of the livescan services to compensate for credit card fees.
11) Fingerprints shall be collected directly
from the individual's hand, consisting of 10 rolled impressions and 10 slap
impressions in a format consistent with the requirements of ISP for submission.
The livescan vendor shall collect only livescan fingerprints, not card scan
fingerprints.
12) If an
individual's fingerprints are rejected by ISP, the livescan vendor shall
collect a second set of fingerprints. The livescan vendor shall not charge for
collecting the second set of fingerprints.
13) If a livescan vendor has a rejection rate
from ISP of 2% or greater during any 12-month period, the Department may
terminate the vendor authorization contract. The rejection rate shall be
calculated by dividing the number of fingerprints submitted electronically to
ISP that were of such poor quality that the fingerprints could not be processed
by the total number of fingerprints submitted by the livescan vendor
electronically to ISP. Upon termination of the vendor authorization contract,
the livescan vendor shall not continue to collect fingerprints required by the
Act and this Part.
14) If a
livescan vendor has a rejection rate from the Department of 5% or greater
during any 12-month period, the Department may terminate the vendor
authorization contract. Upon termination of the vendor authorization contract,
the livescan vendor shall not continue to collect fingerprints required by the
Act and this Part.
15) The livescan
vendor shall provide a single point of contact for users to schedule
fingerprinting (such as a toll free number, website, etc.).