Section 1480.393  Consideration of Past Crimes in Disciplinary Hearings

When considering the suspension or revocation of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:

a)         The nature and severity of the act or offense.

b)         The license holder's or recovery permit holder's criminal record in its entirety.

c)         The amount of time that has lapsed since the commission of the act or offense.

d)         Whether the license holder or recovery permit holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against him or her as of the date of the hearing, as evidenced by:  

1)         Satisfactory termination of the license or recovery permit holder's sentence;

2)         License or recovery permit holder's compliance with all requirements and conditions of parole, probation, conditional discharge, term of imprisonment or any other lawfully imposed sentence;

3)         License or recovery permit holder's compliance with paying any fees, fines, court costs or restitution imposed by the court as part of the sentence.

e)         If applicable, evidence of expungement proceedings.

f)         Evidence, if any, of rehabilitation submitted by the license holder or recovery permit holder [225 ILCS 422/85] such as:

1)         Bestowment onto the license or recovery permit holder of certifications or commendations subsequent to a conviction for a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] that demonstrate a decrease in propensity toward the behavior that previously caused the applicant to become convicted;

2)         License or recovery permit holder's successful participation in special programs or counseling groups designed to decrease the propensity toward the behavior that previously caused the applicant to become convicted of a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80].

(Source:  Added at 38 Ill. Reg. 5821, effective March 14, 2014)