# 32 Ill. Adm. Code 337.1020: Section 337.1020 Access Authorization Program Requirements

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1020

## Section

- **Citation:** 32 Ill. Adm. Code 337.1020
- **Heading:** Section 337.1020 Access Authorization Program Requirements
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 32 ENERGY / CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY AND OFFICE OF HOMELAND SECURITY / Part 337 PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL / Section 337.1020 Access Authorization Program Requirements

## Text

Section 337.1020  Access Authorization Program
Requirements
a)         Granting
Unescorted Access Authorization
1)         Licensees
shall implement the requirements of this Subpart for granting initial or
reinstated unescorted access authorization.
2)         Individuals
who have been determined to be trustworthy and reliable shall also complete the
security training required by Section 337.2020(c) before being allowed
unescorted access to category 1 or category 2 quantities of radioactive material.
b)         Reviewing
Officials
1)         Reviewing
officials are the only individuals who may make trustworthiness and reliability
determinations that allow individuals to have unescorted access to category 1
or category 2 quantities of radioactive material possessed by the licensee.
2)         Each
licensee shall name one or more individuals to be reviewing officials. After
completing the background investigation on the reviewing official, the licensee
shall provide, under oath or affirmation, a certification that the reviewing
official is deemed trustworthy and reliable by the licensee. The fingerprints
of the named reviewing official shall be taken by a law enforcement agency,
federal agency or state agency that provides fingerprinting services to the
public or by commercial fingerprinting services authorized by a state to take
fingerprints. The licensee shall recertify that the reviewing official is
deemed trustworthy and reliable every 10 years in accordance with Section
337.1030(e).
3)         Reviewing
officials shall be permitted to have unescorted access to category 1 or category
2 quantities of radioactive material if their job duties require unescorted
access to category 1 or category 2 quantities of radioactive material as
referenced in Section 337.1010(c)(3).
4)         Reviewing
officials cannot approve other individuals to act as reviewing officials
337.1030(e).
3)         Reviewing
officials shall be permitted to have unescorted access to category 1 or category
2 quantities of radioactive material if their job duties require unescorted
access to category 1 or category 2 quantities of radioactive material as
referenced in Section 337.1010(c)(3).
4)         Reviewing
officials cannot approve other individuals to act as reviewing officials.
5)         A
reviewing official does not need to undergo a new background investigation
before being named by the licensee as the reviewing official if:
A)        The
individual has previously undergone a background investigation that included
fingerprinting and an FBI criminal history records check and has been
determined to be trustworthy and reliable by the licensee; or
B)        The
individual falls within a category listed in Section 337.1050(a).
c)         Informed
Consent
1)         Licensees
may not initiate a background investigation without the informed and signed
consent of the subject individual.  This consent shall include authorization to
share personal information with other individuals or organizations as necessary
to complete the background investigation.  Before a final adverse
determination, the licensee shall provide the individual with an opportunity to
correct any inaccurate or incomplete information that is developed during the
background investigation.  Licensees do not need to obtain signed consent from
those individuals that meet the requirements of Section 337.1030(d). A signed
consent shall be obtained prior to any reinvestigation.
2)         The
subject individual may withdraw his or her consent at any time
ual with an opportunity to
correct any inaccurate or incomplete information that is developed during the
background investigation.  Licensees do not need to obtain signed consent from
those individuals that meet the requirements of Section 337.1030(d). A signed
consent shall be obtained prior to any reinvestigation.
2)         The
subject individual may withdraw his or her consent at any time.  Licensees
shall inform the individual that:
A)        If an
individual withdraws his or her consent, the licensee may not initiate any
elements of the background investigation that were not in progress at the time
the individual withdrew his or her consent; and
B)        The
withdrawal of consent for the background investigation is sufficient cause for
denial or termination of unescorted access authorization.
d)         Personal
History Disclosure
Any individual who is applying for
unescorted access authorization shall disclose the personal history information
that is required by the licensee's access authorization program for the
reviewing official to make a determination of the individual's trustworthiness
and reliability.  Refusal to provide, or the falsification of, any personal
history information required by this Subpart is sufficient cause for denial or
termination of unescorted access.
e)         Determination
Basis
1)         The
reviewing official shall determine whether to permit, deny, unfavorably
terminate, maintain or administratively withdraw an individual's unescorted
access authorization based on an evaluation of all of the information collected
to meet the requirements of this Subpart.
2)         The
reviewing official may not permit any individual to have unescorted access
until the reviewing official has evaluated all of the information collected to
meet the requirements of this Subpart and determined that the individual is
trustworthy and reliable
ed
access authorization based on an evaluation of all of the information collected
to meet the requirements of this Subpart.
2)         The
reviewing official may not permit any individual to have unescorted access
until the reviewing official has evaluated all of the information collected to
meet the requirements of this Subpart and determined that the individual is
trustworthy and reliable.  The reviewing official may deny unescorted access to
any individual based on information obtained at any time during the background
investigation.
3)         The
licensee shall document the basis for concluding whether or not there is
reasonable assurance that an individual is trustworthy and reliable.
4)         The
reviewing official may terminate or administratively withdraw an individual's unescorted
access authorization based on information obtained after the background
investigation has been completed and the individual is granted unescorted
access authorization.
5)         Licensees
shall maintain a list of persons currently approved for unescorted access authorization.
When a licensee determines that a person no longer requires unescorted access
or meets the access authorization requirement, the licensee shall remove the
person from the approved list as soon as possible, but no later than 7 working
days after the determination, and take prompt measures to ensure that the
individual is unable to have unescorted access to the material.
f)         Procedures.
Licensees shall develop, implement and maintain written procedures for
implementing the access authorization program
rement, the licensee shall remove the
person from the approved list as soon as possible, but no later than 7 working
days after the determination, and take prompt measures to ensure that the
individual is unable to have unescorted access to the material.
f)         Procedures.
Licensees shall develop, implement and maintain written procedures for
implementing the access authorization program.  The procedures shall include
provisions for:
1)         The
notification of individuals who are denied unescorted access;
2)         The
review, at the request of the affected individual, of a denial or termination
of unescorted access authorization;
3)         Ensuring
that the individual is informed of the grounds for the denial or termination of
unescorted access authorization; and
4)         Allowing
the individual an opportunity to provide additional relevant information.
g)         Right
to Correct and Complete Information
1)         Prior
to any final adverse determination, licensees shall provide each individual
subject to this Subpart with the right to complete, correct and explain
information obtained as a result of the background investigation.  Confirmation
of receipt by the individual of this notification shall be maintained by the
licensee for a period of one year from the date of the notification.
2)         If,
after reviewing his or her criminal history record, an individual believes that
it is incorrect or incomplete and wishes to change, correct, update or explain
anything in the record, the individual may initiate challenge procedures.
These procedures include direct application by the individual challenging the
record to the law enforcement agency that contributed the questioned
information or a direct challenge as to the accuracy or completeness of any
entry on the criminal history record to the Federal Bureau of Investigation,
Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod
te challenge procedures.
These procedures include direct application by the individual challenging the
record to the law enforcement agency that contributed the questioned
information or a direct challenge as to the accuracy or completeness of any
entry on the criminal history record to the Federal Bureau of Investigation,
Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2,
1000 Custer Hollow Road, Clarksburg WV 26306, as set forth in 28 CFR 16.30
through 16.34.  In the latter case, the FBI will forward the challenge to the agency
that submitted the data and will request that the submitting agency verify or
correct the challenged entry.  Upon receipt of an official communication directly
from the submitting agency that contributed the original information, the FBI
Identification Division should make any necessary changes in accordance with
the information supplied by that submitting agency.  Licensees shall provide at
least 10 business days for an individual to initiate action to challenge the
results of an FBI criminal history records check after the record is made
available for his or her review.  The licensee shall make a final adverse
determination based upon the criminal history records only after receipt of the
FBI's confirmation or correction of the record.
h)         Records
1)         The
licensee shall retain documentation regarding the trustworthiness and
reliability of individual employees for 3 years from the date the individual no
longer requires unescorted access to category 1 or category 2 quantities of
radioactive material.
2)         The
licensee shall retain a copy of the current access authorization program
procedures as a record for 3 years after the procedure is no longer needed.  If
any portion of the procedure is superseded, the licensee shall retain the
superseded material for 3 years after the record is superseded
requires unescorted access to category 1 or category 2 quantities of
radioactive material.
2)         The
licensee shall retain a copy of the current access authorization program
procedures as a record for 3 years after the procedure is no longer needed.  If
any portion of the procedure is superseded, the licensee shall retain the
superseded material for 3 years after the record is superseded.
3)         The
licensee shall retain the list of persons approved for unescorted access authorization
for 3 years after the list is superseded or replaced.

## Nearby sections

- [32 Ill. Adm. Code 337.1010 Section 337.1010  Personnel Access Authorization Requirements for Category 1 or Category 2 Quantities of Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1010.md)
- [32 Ill. Adm. Code 337.1020 Section 337.1020  Access Authorization Program Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1020.md)
- [32 Ill. Adm. Code 337.1030 Section 337.1030  Background Investigations](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1030.md)
- [32 Ill. Adm. Code 337.1040 Section 337.1040  Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to Category 1 or Category 2 Quantities of Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1040.md)
- [32 Ill. Adm. Code 337.1050 Section 337.1050  Relief from Fingerprinting, Identification, Criminal History Records Checks and Other Elements of Background Investigations for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1050.md)
- [32 Ill. Adm. Code 337.1060 Section 337.1060  Protection of Information](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1060.md)
- [32 Ill. Adm. Code 337.1070 Section 337.1070  Access Authorization Program Review](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1070.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_1020. Check the current official text before relying on it. Not legal advice.
