Current through Register Vol. 48, No. 12, March 22, 2024
a)
All faculty receiving an agent or agent-in-charge or agent ID card must
successfully pass a background check required by Section 5-20 of the Act prior
to participating in a licensee's cannabis curriculum that involves instruction
offered in the enclosed, locked facility. [410 ILCS
705/25-20(b)]
b) ISP shall act as the Department's agent
for purposes of receiving electronic fingerprints and conducting background
checks of each applicant for a CC Program agent or agent-in-charge ID card.
1) ISP will conduct background checks for
conviction information contained within ISP and FBI criminal history databases
to the extent allowed by law.
2)
For verification of any statutorily imposed duty to conduct background checks
pursuant to the Act, ISP will transmit the results of the background check to
the Department and that transmittal shall conclude the verification
process.
3) The electronic
background checks shall be submitted as outlined in either the Illinois Uniform
Conviction Information Act or 20 Ill. Adm. Code
1265.30 (Electronic
Transmission of Fingerprint Requirements).
A)
Manual fingerprints will not be accepted and shall not be scanned and converted
into an electronic format.
B)
Fingerprint images of the individual being fingerprinted, and related
alphanumeric identification data submitted to ISP for the purpose of this
fingerprint-based background check, shall be submitted
electronically.
C) Electronic
transmission of fingerprint data to ISP shall be accomplished utilizing
livescan procedures or other comparable technology approved for use by
ISP.
D) If the fingerprints are
rejected by ISP, the applicant shall have his or her fingerprints collected
electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or
other special circumstance that make electronic transmission of fingerprint
data impractical, ISP may allow limited use of paper fingerprint
records.
c)
Each CC Program agent-in-charge or agent applying for a CC Program
agent-in-charge or agent ID card shall have his or her fingerprints collected
electronically by a livescan fingerprint vendor licensed by DFPR and
transmitted to ISP for processing no more than 30 days prior to the date of
application or renewal for the ID card.
1) The
CC Program agent-in-charge or agent shall submit to the Department, with the
agent-in-charge or agent ID card application or renewal, a copy of the livescan
request form and the receipt provided by the livescan fingerprint vendor
containing the Transaction Control Number (TCN) as proof that his or her
fingerprints have been collected.
2) CC Program agent-in-charge or agent ID
card applications submitted without a copy of the livescan request form and
receipt will be deemed incomplete and will not be processed until
fingerprinting is completed. The fingerprinting process is not completed until
the Department receives the results from ISP.
3) Any fees associated with the livescan
fingerprint-based criminal history records check shall be the responsibility of
the individual seeking an ID card and shall be collected by the livescan vendor
at the time of fingerprinting and transmitted to ISP for deposit in the ISP
Services Fund. A convenience fee may be charged by the livescan vendor as
provided in Section 31-5 of the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
d) The Department will maintain the results
of the criminal history records check in compliance the State Records
Act.
e) Should the Department not
be able to obtain from ISP the required State and/or federal criminal records
check required by the Act and this Section, the Department will contract as
appropriate with a private detective/investigating agency licensed under the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 and in good standing with DFPR, for the purpose of
conducting those records checks.