Did you know that if you are an Illinois Permanent Employee Registration Card (PERC) holder and you were arrested, you need to report that to your licensing board?
Not many PERC holders are aware of the obligation, but it is true. Moreover, failure to report an arrest or conviction may result in discipline and possibly even the loss of your card. In fact, in one year, 146 PERC holders were disciplined for failing to report an arrest or conviction, which indicates that many PERC holders are unaware of this rule.
In this article, we will discuss the details of this rule for PERC holders and how you can make sure to satisfy the reporting requirement. If, after reading this article, you have more questions about your professional license, then I welcome you to contact me at 1818 Legal. Learn more about what my representation can do for you. Contact me today. I have the resources and experience to make sure that you fulfill your license requirements and, if necessary, get your license and career back on the right path.
All PERC holders are regulated by the Illinois Department of Financial and Professional Regulation (IDFPR).
Unfortunately, when it comes to the PERC holder mandatory reporting rule on arrests and convictions, IDFPR is not easy on PERC holders simply because someone may have been unaware of the reporting requirement.
Section 1240.540(a) in the Illinois Administrative Code related to PERC holders’ states:
All licensees and registrants shall notify the Division in writing within 30 days after any convictions, arrests, felony information, and/or indictments against him or her and shall provide a copy of that notification to his or her current employer, if any.
Simply stated, you have 30 days to report – in writing – to IDFPR and your employer that you were arrested, indicted or convicted, or received a felony information. IDFPR even created a form, the Thirty Day Arrest & Conviction Reporting Form, you can use to report the incident. (Click here to see the form).
Even though an arrest is not proof of wrongdoing, IDFPR still requires that arrests, along with convictions, be reported within 30 days. It is not entirely clear why the reporting requirement includes arrests, but that is the current state of the law.
Interestingly, in early 2019, the IDFPR actually proposed amendments to a number of their licensure regulations. One of the proposed amendments was to change the reporting requirement in Section 1240.540(a) so that only convictions would trigger the 30-day reporting requirement. That proposed amendment, however, has yet to become the law.
There are some traffic offenses that qualify as criminal offenses in Illinois. For example, driving with a revoked license, reckless driving, and driving under the influence are technically criminal offenses.
If you are unsure whether a traffic offense qualifies as a criminal conviction for reporting purposes, you should err on the side of disclosure. It is better for you to let IDFPR know what occurred and have the licensing board conclude the matter was not serious than to be caught not having reported an issue to IDFPR in the first place.
Failure to comply with the 30-day mandatory reporting rule can result in disciplinary action. Discipline from IDFPR ranges from probation to having a registration card suspended or revoked.
Your job depends on having a valid registration card. You do not want to put it in jeopardy by violating the 30-day mandatory reporting requirement.
Of course, if you do run into trouble related to your PERC card, you should retain the help of an attorney who regularly deals with IDFPR.
If you have an issue involving IDFPR, finding a lawyer with IDFPR experience is crucial. Most attorneys have not practiced before IDFPR, and with your professional license on the line, you need an attorney who has the experience and relationships with IDFPR necessary to protect your job.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.
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