Ill. Admin. Code tit. 20, § 1232.150 - Disciplinary Sanctions; Restoration
a)
For violations of the Act not
penalized under Section 5-15 of the Act, ISP may refuse to renew or restore, or
may reprimand, place on probation, suspend, revoke, or take other disciplinary
or nondisciplinary action against any certified licensee, and may impose a fine
commensurate with the severity of the violation not to exceed $10,000 for each
violation. (Section 5-85(a) of the Act) Any disciplinary action taken
under this Section will be made public on the ISP website.
b) Violations that, after investigation, are
demonstrated to be the result of errors in record keeping, other required
inventory tracking mechanisms, or other ministerial errors that do not
constitute deliberate misfeasance, malfeasance, criminal intent, or negligence
may be addressed through nondisciplinary action, including, but not limited to,
a written warning, remediation plan, or additional training
requirements.
c) The following
factors shall be weighed by the Director or hearing officer appointed by the
Director when determining the severity of a violation that requires
disciplinary action:
1) Whether the violation
constitutes a criminal offense under the Criminal Code of 2012 [720 ILCS 5] or
any federal law and, if so, whether the violation would be considered a petty
or business offense, misdemeanor, or felony under Illinois law;
2) Whether the certified licensee cooperated
with ISP in its investigation;
3)
Whether the CL refused to cooperate with ISP in its investigation, including,
but not limited to, providing false or misleading information;
4) Whether the violation is the first
violation or a subsequent violation of the Act;
5) Whether the CL has received prior
discipline for the violation in question (i.e., 1st
violation, 2nd or subsequent violation);
6) The number of violations committed by the
CL;
7) Whether the violation
involves fraudulent activity, deception or misrepresentation;
8) Whether the violation directly resulted in
the death or injury to any person or damage to any property; and
9) Whether the violation constitutes a petty,
minor, or major violation as those terms are defined in subsections (c), (d)
and (e).
d) Petty
violations of the Act may be subject to a written reprimand, a specified term
of probation or suspension not to exceed 6 months for a
1st violation or one year for a
2nd violation, or a civil penalty or fine not to
exceed $200 for a 1st violation and $500 for a
2nd or subsequent violation. For purposes of this
Section, "petty violation" means any violation of the Act listed in Section
5-85 of the Act that is not a criminal offense, or that would constitute a
petty or business offense or a Class B or C misdemeanor, under the Criminal
Code of 2012.
e) Minor violations
of the Act may be subject to probation or suspension not to exceed one year for
a 1st violation or 18 months for a
2nd or subsequent violation, or a civil penalty or a
fine not to exceed $2,500 for a 1st violation and
$5,000 for a 2nd or subsequent violation. For the
purposes of this Section, "minor violation" means:
1) any violation of Section 5-15 of the Act
that would constitute a Class A misdemeanor; and
2) a violation of Section 5-85 of the Act:
A) (a)(1), (a)(3), (a)(5) or (a)(8), if the
violation would constitute a Class A misdemeanor;
B) (a)(2), if due to negligence or
carelessness;
C) (a)(6)(A), if a
misdemeanor;
D) (a)(7), if the
person did not have knowledge the firearms were sold or transferred illegally,
but should have known; and
E)
(a)(9).
f)
Major violations of the Act shall be subject to suspension for a period of time
deemed appropriate by the Director, or to revocation, based on the facts and
circumstances of the violation, and may include a civil penalty or fine not to
exceed $5,000 for a 1st violation and $10,000 for a
2nd or subsequent violation. For the purposes of
this Section, "major violation" means:
1) any
violation of Section 5-15 of the Act that would constitute a Class 4 felony;
and
2) a violation of Section 5-85
of the Act:
A) (a)(1), (a)(3), (a)(5),
(a)(6)(A), or (a)(8), if the violation would constitute a felony;
B) (a)(2), if due to intentional or willful
and wanton behavior;
C) (a)(7), if
the person had knowledge the firearms were sold or transferred
illegally;
D) (a)(10);
and
E) (a)(11).
g) All penalties,
including civil penalties or fines, shall
only be assessed by ISP after a hearing is held in accordance with
Sections 5-95 and 5-100 of the Act. (Section 5-15(e) of the
Act)
h)
All civil penalties
or fines imposed under the Act shall be paid within 90 days after the effective
date of the final order imposing the fine. The order shall constitute a
judgment and may be filed and executed in the same manner as any judgment from
any court of record. (Sections 5-15(g) and 85(b) of the Act) All civil
penalties or fines shall be paid via certified check or money order payable to
the "Illinois State Police" or by such other means as approved by ISP. Checks
or money orders shall be delivered to ISP as provided in Section
1232.180.
i)
Any
certificate of license obtained under the Act by material misstatement or
fraudulent misrepresentation shall be automatically revoked.
j)
At any time after the successful
completion of a term of probation, suspension or revocation of a certificate of
license, ISP may restore the license to the certified licensee, unless, after
an investigation and a hearing, the Director determines that restoration is not
in the public interest. (Section 5-105 of the Act)
Notes
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