PERC Holders Routinely Disciplined for Failing to Report Their Arrests & Convictions
Many PERC Holders Unaware of Mandatory Reporting Rule
As an Illinois Permanent Employee Registration Card (PERC) holder, are you aware of the requirement that you have thirty (30) days in which to report to the Illinois Department of Financial and Professional Regulation (IDFPR) any arrests, indictments, or convictions?
Last year, I wrote a letter to the IDFPR, explaining why my client, a PERC holder, did not tell the agency he had been arrested and convicted of disorderly conduct following a traffic stop. My client did not know about the 30-day reporting rule. To make matters worse, he planned to notify the agency of his criminal conviction when he was ready to renew his card. Bad idea, I said. That led me to write the aforementioned letter. So far, no word from the IDFPR.
In 2017, IDFPR disciplined 146 PERC holders for failing to report an arrest or conviction within the required time period. Based on this number, it appears a lot of card holders are unfamiliar with the IDFPR's rule.
Certain Traffic Infractions are Reportable Crimes
To fulfill the reporting requirement, the IDFPR has created a form, titled Thirty Day Arrest & Conviction Reporting Form, PERC holders can use. Certain traffic offenses are crimes, thus subject to reporting. The following traffic infractions qualify as criminal offenses: driving on a suspended or revoked license, reckless driving, DUI, fleeing and eluding a police officer, and driving over 26 miles above the posted speed limit. This is not an exhaustive list.
Disciplinary Action Includes Loss of Card
The failure to timely notify the IDFPR can and will result in disciplinary action. Discipline can take the following forms: non-reporting probation (one to five years), indefinite suspension, and revocation.
If your job depends on you having a valid PERC card, this is one rule you don't want to violate. Ignorance will not be a good defense.