Section 1240.501 Licensee-in-charge

Section 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

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.