2005 Illinois Code - 225 ILCS 210/ Illinois Explosives Act. Article 2 - Licenses
(225 ILCS 210/Art. 2 heading)
ARTICLE 2.
LICENSES
(225 ILCS 210/2000) (from Ch. 96 1/2, par. 1‑2000)
Sec. 2000.
The license requirements of this Article apply to all
explosive materials unless otherwise excepted.
(Source: P.A. 86‑364.)
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(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1‑2001)
Sec. 2001. No person shall possess, use, purchase or transfer explosive
materials unless licensed by the Department except as otherwise provided
by this Act and the Pyrotechnic Distributor and
Operator Licensing Act.
(Source: P.A. 93‑263, eff. 7‑22‑03; 94‑385, eff. 7‑29‑05.)
(225 ILCS 210/2002) (from Ch. 96 1/2, par. 1‑2002)
Sec. 2002.
Original individual license; Application; Fees.
Applications by individuals for original licenses shall be made to the
Department, in writing, on forms prescribed by the Department. The application
shall be accompanied by the required fee, which is not refundable.
All license application fees collected under this provision of this Act shall
be deposited into the Explosives Regulatory Fund.
The application shall require such information as in the judgment of
the Department will enable the Department to pass on the qualifications of
the applicant for a license. It shall include, but need not be limited to,
information concerning age, full name of applicant, present residence, date
of birth, sex, physical description, social security number or drivers
license number, and the purpose for which and the place or places where the
explosive materials are to be used or possessed. Each applicant shall file,
with his application, fingerprint cards in the form and manner required by
the Department of State Police to enable the Department of State Police to
conduct criminal history checks on the applicant.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/2003) (from Ch. 96 1/2, par. 1‑2003)
Sec. 2003.
Fingerprint card fees.
Each applicant for a license shall
submit, in addition to the license fee, a fee specified by the Department
of State Police for processing fingerprint cards which may be made payable
to the State Police Services Fund and shall be remitted to the
Department of State Police for deposit into that fund.
(Source: P.A. 86‑364.)
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(225 ILCS 210/2004) (from Ch. 96 1/2, par. 1‑2004)
Sec. 2004.
Investigation; Examination of applicant.
Upon receipt of an
application, the Department shall investigate the eligibility of the
applicant. The Department has authority to request and receive from any
federal, state or local governmental agency such information and assistance
as will enable him to carry out his powers and duties under this Act. The
Department of State Police shall cause the fingerprints of each applicant
to be compared with fingerprints of criminals now or hereafter filed with
the Department of State Police and with federal law enforcement agencies
maintaining official fingerprint files. The investigation shall include,
but is not limited to, an oral and written examination as to the
applicant's knowledge and ability regarding basic safety, possession,
handling, use, storage, disposal and transportation of explosives. Passage
of these examinations is prerequisite to being considered for license
issuance. Such
examinations may be administered by any person designated by the Department.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1‑2005)
Sec. 2005.
Qualifications for licensure.
A person is qualified to receive
a license under this Act if the person meets the following minimum
requirements:
(1) is at least 21 years of age;
(2) has not willfully violated any provisions of |
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(3) has not made any material misstatement or
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knowingly withheld information in connection with any original or renewal application;
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(4) has not been declared incompetent by any
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competent court by reasons of mental or physical defect or disease unless a court has since declared him competent;
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(5) does not abuse alcohol or prescription drugs or
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(6) has not been convicted in any jurisdiction of
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any felony within the prior 5 years;
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(7) is not a fugitive from justice;
(8) is of good moral character. Convictions of
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crimes not listed in subsection (6) of this Section may be taken into account in determining moral character but shall not operate as an absolute bar to licensure; and
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(9) has passed the oral and written examinations
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required under Section 2004 of this Act.
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A licensee shall continue to meet these requirements in order to maintain his
license.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 210/2006) (from Ch. 96 1/2, par. 1‑2006)
Sec. 2006.
Renewal.
Applications for renewal
licenses shall be made to the Department in writing on forms
prescribed by the Department and shall contain such information as will enable
the Department to determine if the applicant is qualified to continue to
hold a license and shall be accompanied by the required fee.
All fees collected under this Section shall be deposited into
the Explosives Regulatory Fund.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/2007) (from Ch. 96 1/2, par. 1‑2007)
Sec. 2007.
Fee; Exemptions.
Agencies of the United States, the State
and its political and civil subdivisions which are subject to the
requirements of this Act, and which, in the exercise of their functions,
are required to store, use, or possess explosive materials shall not be
liable for the payment of any fee required by this Act.
(Source: P.A. 86‑364.)
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(225 ILCS 210/2008) (from Ch. 96 1/2, par. 1‑2008)
Sec. 2008.
Issuance of license; Renewal.
The Department shall
issue the appropriate license or renewal where the applicant
satisfactorily meets the requirements of this Act and no grounds for
refusal, revocation, or suspension exist. Within 10 days after
the issuance of an original, replacement, or renewed license, the Department
shall notify the appropriate law enforcement officer of the municipality or
county where the explosive materials are to be used or possessed,
and provide such officer with any other information pertaining thereto as
the Director may prescribe.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/2009) (from Ch. 96 1/2, par. 1‑2009)
Sec. 2009.
Display of Licenses; Prohibitions; Duplicates.
(a) The license issued under this Act shall be carried on the person at all
times when the licensee is purchasing, possessing, using or transferring
explosive materials.
(b) No person shall allow his license to be photocopied or reproduced in
any manner, except as the Department may provide by rule.
(c) If a license is lost or destroyed, a replacement shall be
issued and the original license voided upon satisfactory proof to the
Department of such loss or destruction and payment of the required fee.
All fees collected under this provision of this Act shall be deposited into
the Explosives Regulatory Fund.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/2010) (from Ch. 96 1/2, par. 1‑2010)
Sec. 2010.
Licenses not transferable.
Licenses issued under this Act
are not transferable.
(Source: P.A. 86‑364.)
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(225 ILCS 210/2011) (from Ch. 96 1/2, par. 1‑2011)
Sec. 2011.
Refusal to issue or renew license; disciplinary actions.
(a) Failure to satisfy the age or examination requirements of Sections
2004 and 2005(1) shall result in automatic license denial.
(b) Subject to the provisions of Sections 5003 through 5005 of this Act, the
Department shall refuse to issue or renew a license or shall take any other
disciplinary action as the Department may deem proper, including the imposition
of fines not to exceed $5,000 for each occurrence, if the applicant or licensee
fails to comply with or satisfy the requirements of any provision of this Act
and for any of the following reasons:
(1) Failure to meet or maintain the qualifications |
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for licensure set forth in Section 2005.
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(2) Willful disregard or violation of this Act or
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(3) Willfully aiding or abetting another in the
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violation of this Act or its rules.
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(4) Allowing a license issued under this Act to be
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used by an unlicensed person.
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(5) Possession, use, acquisition, transfer,
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handling, disposal, or storage of explosive materials in a manner that endangers the public health, safety, or welfare.
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(c) Subject to the provisions of Sections 5003 through 5005 of this Act,
the Department shall refuse to issue or renew a license or shall take any other
disciplinary action as the Department may deem proper, including the imposition
of fines not to exceed $5,000 for each occurrence, if the applicant or licensee
fails to comply with or satisfy the requirements of any provision of this Act
and for any of the following reasons:
(1) Refusal to produce records or reports or permit
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any inspection lawfully requested by the Department.
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(2) Failure to make, keep, or submit any record or
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report required by this Act or its implementing regulations; or making, keeping, or submitting a false record or report.
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(d) Subject to the provisions of Sections 5003 through 5005 of this Act,
violation of or non‑compliance with any provision of this Act or its
implementing regulations constitutes grounds for disciplinary action,
license revocation, or both.
(e) All fines collected under this Section shall be deposited into the
Explosives Regulatory Fund.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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