Review Standards
Section 30(a) of the Illinois Navigator Act allows the Director
to place on probation, suspend, revoke or refuse to issue or renew a Navigator,
In-Person Counselor and Certified Application Counselor certification, levy a
civil penalty, or take any combination of the preceding actions as established
by rule. Section
3125.120
of this Part allows the Director to place on probation, suspend, revoke, or
refuse to issue or renew a Navigator, In-Person Counselor or Certified
Application Counselor's certificate or levy a civil penalty or take any
combination of these actions, when the Navigator, In-Person Counselor,
Certified Application Counselor or applicant has been convicted of a felony.
(See Section
3125.120(a)(6).)
When reviewing Navigator, In-Person Counselor and Certified Application
Counselor certifications or applications involving Navigators, In-Person
Counselors or Certified Application Counselors who have been convicted of a
felony, the Director shall consider the following factors in determining the
appropriate action:
a) Nature and
severity of the criminal activity. Violent criminals or sex offenders may be
denied certification privileges, as well as those convicted of crimes which are
insurance related and/or involve untrustworthiness;
b) Time elapsed since the prior criminal
conduct. The greater the time period since the criminal conduct, the more
leniency is appropriate. When making this determination, the duration since the
criminal activity should be proportionate to the severity of the criminal
conduct;
c) Absence of additional
criminal conduct since the reported felony. Continued criminal conduct of a
lesser or greater nature should not be tolerated;
d) Multiple offenses or pattern of criminal
conduct. Those engaged in repeated criminal conduct are a greater risk to the
public;
e) Restitution. Payment to
the victim of the felony is necessary to both satisfy the court order and to
demonstrate penitence;
f) Proper
disclosure. Failure to fully cooperate or properly report the criminal activity
to the Department does not reflect favorably on the applicant's
character;
g) Satisfactory
completion of sentence and probationary period. The debt to society must be
fully satisfied before the applicant is granted any further
privileges;
h) Rehabilitation.
Post-conviction community service or charitable activity may serve as evidence
of rehabilitation;
i) Nature of
work performed. There is less risk when the work to be performed does not
involve money transactions or direct contact with the public; and
j) Any other facts or circumstances deemed
relevant by the Director. Letters of recommendation addressed to the Director
attesting to the character and reputation of the applicant or certificate
holder may be considered by the Director.
