Ill. Admin. Code tit. 68, § 1240.501 - Licensee-in-charge
a) Every private
detective agency, private alarm contractor agency, private security contractor
agency, fingerprint vendor agency, and locksmith agency shall designate a
licensee-in-charge. Maintaining a licensee-in-charge is a continuing
requirement for agency licensure.
b) The licensee-in-charge shall be a
full-time officer or employee of the agency and shall participate in agency
affairs. Participation in agency affairs includes, but is not limited to,
responsibility for delivery of professional services and compliance with the
Act and this Part, including employee recordkeeping, training, activities and
conduct, and the review and approval of contracts and proposals. Participation
in agency affairs also includes responsibility of the licensee-in-charge for
maintaining at a location within Illinois all files subject to audit or
inspection pursuant to Section 35-10 of the Act. If the agency does not
maintain an office in Illinois, the licensee-in-charge is responsible for
maintaining these records at the agency's out-of-state office named in its
application for licensure.
c) The
licensee-in-charge is responsible for notifying the Division, on forms provided
by the Division, of any change of address of the agency or any other change of
information required to be reported in any application for licensure within 14
days after the change. Placing this responsibility on the licensee-in-charge
does not relieve the agency of any of its related legal obligations.
d) If the agency is a corporation or a
limited liability company, the licensee-in-charge is responsible for
maintaining the good standing of the corporation or limited liability company
with the Secretary of State. If the agency is a foreign corporation, the
licensee-in-charge is responsible for maintaining its authorization to conduct
business in Illinois. Placing this responsibility on the licensee-in-charge
does not relieve the agency of any of its related legal obligations.
e) In determining whether a
licensee-in-charge participates in agency affairs, the Division may consider
those responsibilities identified in this Section, the number of employees
under the direct supervision of the licensee-in-charge, and the employment
relationship between the licensee-in-charge and the agency, including the
existence of a contract for employment and any other relevant fact or
circumstance.
f) An agency applying
for a temporary certificate of authority or an extension of a temporary
certificate of authority pursuant to Section 15-15, 20-15, 25-15, 30-15, or
31-15 of the Act shall file an application with the Division on forms provided
by the Division. The agency shall report to the Division the name and contact
information of an officer or other authorized person who will serve as a
contact person in the absence of the licensee-in-charge and who has access to
agency records.
Notes
Added at 36 Ill. Reg. 9938, effective July 13, 2012
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