The Administrative Judge (ALJ) rejected the applicant`s (the city`s) argument that the licensing requirements of the Act do not apply to them, and recommended that the applicants be instructed to cease and desist from operating as a private alarm agency and as a private alarm contractor until everyone has met the licensing requirements of the Act. The city filed a lawsuit with the Circuit Court, which overturned the ALJ`s decision and ruled in the city`s favor. The defendant, the IDFPR, appealed. In its decision, the Court of Appeal concluded that the law did not apply to municipalities, referring to the law`s repeated references to "private" facilities and activities. The court noted that the clear wording of the law suggests that the General Assembly considered the Ministry`s regulation of private business activities when drafting and adopting the legislation. The court also noted that if the law were applicable to municipalities, it would lead to a conflict with the code, which allows municipalities to operate alarm systems. The best evidence of the legislator`s intention is the wording of the law itself. If the wording of a law is clear and unambiguous, a court should not depart from the plain language of the law by reading exceptions, limitations or conditions that Parliament has not expressed. Here, the wording of the regulation is clear: the law applies only to private institutions.
The term "private" is not only included in the title of the act, but is constantly repeated in the provisions. Given the consistent definitions of the term "private", we find that the clear and ordinary meaning is clear. The purpose of the Act is to regulate individuals, businesses or other entities that sell, install and maintain private alarm systems and other security-related systems. On the other hand, the law is not intended to regulate the services offered to the public by the rights of the State. In addition, the Private Alarm Contractor License requires the applicant to have at least 3 years (out of the last 5 years) of full-time qualified experience. The IDFPR considers a "year" to be at least 1,500 hours. Any combination of qualifying experience totalling 3 years will allow a candidate to take the exam. A Permanent Employee Registration Card (PERC) from the Illinois Department of Financial and Professional Regulation - Division of Professional Regulation is required to work as an unarmed employee of a licensed private investigator, private alarm contractor, private security guard, or locksmith agency in Illinois. DO ALL COMPANIES HAVE A LICENSE? NO.
HOW CAN YOU PROTECT YOURSELF FROM USING A BUSINESS THAT MIGHT NOT COMPLY WITH THE ABOVE LAW? Go to www.idfpr.com and click License Search. Instead of this experience requirement, the Board and idFPR may accept alternative experience as a full-time manager for a licensed private alarm contractor agency in another state or for a private alarm contractor agency in a state that does not license such agencies if the experience is substantially equivalent to the experience gained for a licensed private alarm contractor agency in Illinois. Required experience is awarded to applicants with references in programs approved by the Board of Directors: Note that there is a significant fudge factor in the alarm experience requirements. If you think you have equivalent references, please call us to discuss. The Illinois Municipal Code provides that the functions of the company include authorizing the construction and maintenance of electrical equipment in public or private buildings for fire protection and police at the request of the public building administrator or the owner of the private buildings at a reasonable cost. According to this provision, the city instructs its residents to install and monitor alarm systems for a fee. The city is not allowed as a private alarm contractor under the law, and the parties involved in the process, the head of the alarm department and the technician who installs, maintains and repairs the alarm systems for the city, were not allowed. To be eligible for an alarm contractor`s licence, the following provisions must apply: The law imposes several character and suitability requirements on contractors, including training requirements, and further states that these regulations serve to protect the public; that regulated practices are "reported to have an impact on the health, safety and well-being of the public"; and that the act "shall be interpreted as fulfilling those objectives".
This was a lawsuit filed by a city that had installed and maintained unlicensed alarm systems against the Illinois Department of Financial and Professional Regulation (IDFPR). The initial hearing took place before the administrative judge, who ruled in favour of the IDFPR. Under the Private Detectives, Private Alarms, Private Security, Fingerprint Providers and Locksmiths Act of 2004, private alarm agencies and private alarm contractors must be licensed by the state. A private alarm contractor agency is defined as "a person, company or other entity engaged in the private alarm subcontracting sector". A private alarm contractor is defined as "a person who participates in a business that undertakes to sell, install, design, monitor, maintain, modify, repair, replace or maintain alarm systems and other security-related systems." `alarm system` means any system, including an electronic access control system, a video surveillance system, a security video system, an intrusion detection system, a fire alarm system or any other electronic system, which activates an audible, visible, remotely controlled or recorded signal intended to protect or detect burglary, intrusion, theft, fire, vandalism and leakage; or intrusion or other electronic systems intended to protect life by indicating the presence of an emergency. The "alarm system" also includes an emergency communication system and a mass notification system. According to 225 ILCS 447/20-10, a person is qualified for approval as a private alarm contractor if all of the following requirements are met: THESE PRIVATE ALARM CONTRACTOR LICENSE NUMBER 127000156 The following experience counts towards the private alarm contractor`s eligibility condition: "The best proof of legislative intent is the language of the law itself." These have a private alarm contractor license and employees must have a permanent employee registration card that guarantees that they meet the standards set by the State of Illinois. You must have it if you are doing security work in Illinois. The mission of the Illinois Department of Financial and Professional Regulation, Division of Professional Regulation, is to serve, protect, and promote the health, safety, and well-being of the public by ensuring that licensing qualifications and standards for professional practice are properly evaluated, applied, and enforced. The court noted that the clear wording of the act indicates that it is not intended to regulate the conduct of plaintiffs, a municipality and its employees. As a result, the city is not subject to the licensing requirements of the act.
www.idfpr.com/profs/Alarm.asp GO FIND THE LICENSE AND PUT THE PERSON`S NAME IN A SPECIFIC AREA Maybe the Illinois Legislature should change the law to apply to local and state agencies, as well as private companies. Does this decision raise the issue of unfair competition? Joint By-law Committee 68-VII-1240.100 Application for Review and Authorization - Private Alarm Contractor 68-VII-1240.110 Application for Authorization - Private Alarm Agency. . . .
Published by: gianni57
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