department of financial and professional regulation ... · 00081 1, and the locksmith agency...

STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

DIVISION OF PROFESSIONAL REGULATION

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of The State of Illinois, Complainant,

DAVID PEER, License No. 191 00081 1, DEPENDABLE LOCKS, INC., License No. 192000245

Respondents.

No. 200603536

ORDER OF TEMPORARY SUSPENSION

THIS MATTER having come before the Director of the Division of Professional Regulation

Of the Department of Financial and Professional Regulation of the State of Illinois on a Petition

filed by the Chief of Business Prosecutions of the Division, which requested Temporary

Suspension of the licenses of Respondents, and the Director, having examined the Petition and

the attached Exhibits, FINDS that the public interest, safety and welfare imperatively require

emergency action to prevent the continued practice as a Locksmith and Locksmith Agency by

Respondents, in that Respondents' actions, conduct and omissions constitute an imminent

danger to the public.

NOW, THEREFORE, I, DANIEL E. BLUTHARDT, DIRECTOR OF THE DIVISION OF

PROFESSIONAL REGULATION OF THE DEPARTMENT OF FlNlANClAL AND

PROFESSIONAL REGULATION of the State of Illinois, do hereby ORDER that the Licenses of

Respondent DAVID PEER, No. 191 00081 1, and DEPENDABLE LOCKS, INC., No. 192000245

be SUSPENDED, pending proceedings before the Private Detective, Private Alarm, Private

Security and Locksmith Board of the State of Illinois.

I FURTHER ORDER that Respondents immediately surrender all indicia of registration to

the Department.

DATED THIS ,2006.

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois DEAN MARTINEZ, Secretary

Division of Professional Regulation

L/I Director

Ref: Case No. 200603536 License Nos. 191 00081 1

192000245

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of The State of Illinois, Complaint,

DAVID PEER, License No. 191 -00081 1, DEPENDABLE LOCKS, INC.

1

License No. 192-000245, 1 1

Respondents. )

- COMPLAINT

NOW COMES the DIVISION OF PROFESSIONAL REGULATION of the DEPARTMENT

OF PROFESSIONAL REGULATION of the State of Illinois, by its Chief of Business Prosecutions,

John A. Lartz, and as its Complalnt against DAVID PEER and DEPENDABLE LOCKS, INC.,

Respondents, states as follows:

COUNT ?

1. Respondent, David Peer, is presently the holder of a Locksmith License, License No.

191-000811, in the State of Illinois. Respondent David Peer's (hereinafter Respondent

,"Peer") license is currently active.

2. Respondent, Dependable Locks, Inc., is presently the holder of a Locksmith Agency

License, License No. 192-000245. Respondent's Dependable Locks, Inc. (hereinafter

Respondent "Dependableu) is currently in active status.

3. Respondent Peer is the licensee-in-charge of Dependable Locks, Inc.

4. At all times herein relevant, the Department had the power and duty to investigate and

discipline the conduct of holders of Certificates of Registration and to take all action herein

sought, pursuant to the Private Detective, Private Alarm, Private Security and Locksmith

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Act of 2004, 225 ILCS 44711, et seq. (hereinafter the "Act" and the Rules adopted by the

Department in furtherance of the Act, 68 111. Admin. Code, 1240,1, et seq.

5. Respondent Dependable submitted an application on or about April 6, 2006 to the

Department to become licensed as a locksmith agency. (Exhibit 1)

6. Respondent Peer submitted an application on or about April 6,2006 to the Department

to become licensed as a locksmith. (Exhibit 2)

7. Respondents Peer and Dependable listed Dependable's address at: 642 South York

Road, #I 07, Bensenville, Illinois.

8. Following a complaint made to this Department. Department Investigator Richard

Cauble went to 642 South York Road, #107, Bensenville, Illinois in order to investigate t

whether Respondent Dependable was actually located at said address, and If so, to

perform an audit of the employee and customer records. However, Investigator Cauble

found that no locksmith business existed at 642 South York Road, Bensenville, Illinois,

9. Investigator Cauble's field investigation found the York Road address to be an

apartment complex. Neither Dependable Locks nor David Peer were listed anywhere at

642 South York Road, Bensenville, Illinois.

10. The Department's investigation found that no other addresses were listed for

Respondent Dependable in Illinois.

11. The only other address listed for Respondent Peer is at 295 W. 23lSt, Bronx, New 1

York. Respondent Peer has no other Illinois address.

12. The Department's investigation showed that the address listed on the application by

David Peer, the purported Ilcensee-in-charge, 642 South York Road in Bensenville, Illinois

is false and was actually listed to an employee of Price Line Locksmiths, Yehuda Zeitlin.

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13. Price Line Locksmiths' license, No. 192-000237, is currently under indefinite

suspension.

14. The Respondents would not have been able to obtain licenses to be a locksmith and

locksmith agency had the Department been aware at the time the llcense was issued that

the address listed on the application was fraudulent.

15. Respondent Peer falsified the application on behalf of Dependable Locks, thereby

committing fraud and deception in obtaining a locksmith and locksmith agency license, in

violation of 225 ILCS 447140-IO(a)(l),

16. The foregoing acts are grounds for revocation, indefinite suspension or other discipline

of a license as a locksmith and for fines not to exceed $1,500.00 for each violation,

pursuant to 225 ILCS 447140-1 O(a).

17. The foregoing acts are grounds for revocation, indefinite suspension or other discipline

of a license as a locksmith agency and for fines not to exceed $1,500.00 for each violation,

pursuant to 225 ILCS 447140-10(a).

WHEREFORE, based upon the foregoing allegations, the Department, by and through its

Chief of Business Prosecutions, John Lartz, prays that the locksmith license of David Peer, No.

1911.00081 1, and the locksmith agency license of Dependable Locks, Inc., No. 192-000237, be

revoked or indefinitely suspended pursuant to 225 ILCS 447140-1 O(a).

COUNT I1

1-15. The Department restates and realleges paragraphs 1-15 of Count I as paragraphs 1-

12 of Count II.

16. Department Investigator Richard Cauble left a business card at the address listed by

Respondent Peer as the address for Dependable Locks with a request to contact him at

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the Department to discuss the complaint against Respondents Peer and Dependable

Locks.

17. Respondent Peer, as the licensee-in-charge for Dependable Locks, failed to respond

to the Department's request.

18. The Department has the authority and duty to investigate any and all complaints made

to the Department regarding a licensee, pursuant to 225 lLCS 447145-1 0.

19. Said failure to respond to Department Investigator Cauble's request for an interview

regarding Dependable Locks's operation in Illinois constituted failure to respond to a

written request for information' within 30 days, and is such is a violation of 225 ILCS

447140-1 O(a)(21).

20. The foregoing acts andlor omissions are grounds for revocation, indefinite suspension

or other discipline of a locksmith license and for fines not to exceed $1,500.00 for each

violation, pursuant to 225 ILCS 447140-1 0(a).

21. The foregoing acts andlor omissions are grounds for revocation, indefinite suspension

or other discipline of a locksmith agency license not to exceed $1,500.00 for each

violation, pursuant to 225 ILCS 447140-lO(a).


Chief of Business Prosecutions, John Lartz, prays that the Locksmlth License of David Per, 191 - 00081 1, and the Locksmith Agency License of Dependable Locks, Inc., No. 192-000245, be

I

revoked or indefinitely suspended, pursuant to 225 ILCS 447140-1O(a).

COUNT Ill

1-1 0. The Department re-states and re-alleges its allegations contained in paragraphs 1-1 6

of Count II as paragraphs 1-16 of Count 111.

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19, The acts andlor omissions listed in paragraphs 1-16, namely fraud or deception in

obtaining a license and the failure to respond to a request by the Department for

information via an interview in response to an investigation also constitutes unethical,

unprofessional and dishonorable conduct by a licensee,

20. The foregoing acts and/or omissions are grounds for revocation, indefinlte suspension

or other discipline of a locksmith license and for fines not to exceed $1,500.00 for each

violation, pursuant to 225 ILCS 447140-10(a).

21. The foregoing acts and/or omissions are grounds for revocation, indefinite suspension

or other discipline of a locksmith agency license not to exceed $1,500.00 for each

violation, pursuant to 225 ILCS 447140-1 O(a). *


Chief of Business Prosecutions, John Lartz, prays that the Locksmith License of David Per, 191-

00081 1, and the Locksmith Agency License of Dependable Locks, Inc., No. 192-000245, be

revoked or indefinitely suspended, pursuant to 225 ILCS 447140-1O(a).

COUNT lV

1-4. The Department restates and re-alleges the allegations contained in paragraphs 1-4

' of Count I as paragraphs 1-4 of Count IV.

5. Pursuant to the Rules for the Administration of the Private Detective, Private Alarm,

Private Security and Locksmith Act of 2004, 68 111. Admin. Code, Section 1240,54O(b)

(Reporting Requirements), all agencies licensed with the Division under there required to

submit a monthly roster of employees with PERC applications pending with the Division of

Professional Regulation.

6. Respondents Dependable and Peer failed to submlt a monthly roster of employees with

pending PERC applications.

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7, A violation of the above-mentioned Rules is also a violation of the Private Detective,

Private Alarm, Private Security and Locksmith Act of 2004,225 ILCS 447140-1O(a)(17).

8. The foregoing omission is grounds for revocation, indefinite suspension or other

discipline of a license as a locksmith and for fines not to exceed $1,500.00,

9. The foregoing omission is grounds for revocation. indefinite suspension or other

discipline of a license as a locksmith agency and for fines not to exceed $1,500.00,



191-00081 1, and the locksmith agency license of Dependable Locks, Inc., No. 192-000245, be

revoked or indefinitely suspended, pursuant to 225 ILCS 447140-lO(a).

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois Division of Professional Regulation

By:

Deborah Rosenberg Alexander A~,orney for the Division of Professional Regulation 100 W. Randolph St. Suite 9-1 00 Chicago, Illinois 60601 3 1218 14-2352

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of The State of Illinois, Complaint,

DAVID PEER, License No. 191 -00081 1, DEPENDABLE LOCKS, INC. License No. 192-000245,

Respondents.

PETITION FOR TEMPORARY SUSPENSION

NOW COMES the DIVISION OF PROFESSIONAL REGULATION of the DEPARTMENT

OF PROFESSIONAL REGULATION of the State of Illinois, by its Chief of Business Prosecutions,

John A. Lark, and Petitions DANIEL BLUTHARDT, Director of the Division of Professional

Regulation (hereinafter "Department") pursuant to 225 ILCS (2004) 447145-20 (2004) to issue an

Order for Temporary Suspension of the Locksmith License of DAVID PEER, License No. 191-

00081 I and the Locksmith Agency License of DEPENDABLE LOCKS, INC.. In support of said

Petitioo, the Division alleges as follows:

COUNT l

?. Respondent, David Peer, is presently the holder of a Locksmith License, License No.

191-000811, in the State of Illinois. Respondent David Peer's (herelnafter Respondent

"Peer") license is currently active.

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2. Respondent, Dependable Locks, Inc,, is presently the holder of a Locksmith Agency

License, License No. 192-000245. Respondent's Dependable Locks, Inc. (hereinafter

Respondent "Dependable") is currently in active status.

3. Respondent Peer is the licensee-in-charge of Dependable Locks, Inc.

4. At all times herein relevant, the Department had the power and duty to investigate and

discipline the conduct of holders of Certificates of Registration and to take all action herein

sought, pursuant to the Private Detective, Private Alarm, Private Security and Locksmith

Act of 2004, 225 ILCS (2004) 44711, et seq. (hereinafter the "Act" and the Rules adopted

by the Department in furtherance of the Act, 68 111, Admin. Code, 1240,1, et seq.

5. Respondent Dependable submitted an application on or about April 6, 2006 to the

Department to become licensed as a locksmith agency. (Exhibit 1)

6. Respondent Peer submitted an application on or about April 6,2006 to the Department

to become licensed as a locksmith. (Exhibit 2)

7. Respondents Peer and Dependable listed Dependable's address at: 642 South York

Road, #107, Bensenville, Illinois.

8. Following a complaint made to this Department that Dependable Locks may have

given the Department a fraudulent address on their application for a locksmith license,

Department Investigator Richard Cauble went to 642 South York Road, #107, Bensenville,

Illinois in order to investigate whether Respondent Dependable was actually located at I

said address, and if so, to perform an audit of the employee and customer records.

However, lnvestigator Cauble found that no locksmith business existed at 642 South York

Road, Bensenville, Illinois.

9. lnvestigator Cauble's field investigation found the York Road address to be an

apartment complex, not a business location. Neither Dependable Locks nor David Peer

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were listed anywhere as tenants or owners of a facility, residential or business, at 642

South York Road, Bensenville, Illinois.

10, The Department's investigation found that no other addresses were listed for

Respondent Dependable in Illinois. Respondent Peer's locksmith license is listed at 295

W. 23lS'St., Bronx, New York.

11. The Department would not have issued locksmith and locksmith agency licenses had

the Department been aware at the time the licenses were issued that the address listed on

Respondent Dependable application was fraudulent.

12. Fraudulent addresses deceive the public and the Department. Should a citizen make a

Complaint to the Department or any other government agency regarding any possible legal

violation, there would no way to contact the licensee and conduct a full investigation into

the complaint if a fraud is committed. The Department would not have a location to

conduct an audit of the employee or customer records in the State of Illinois in order to

verify public safety. Therefore, allowing the Respondents to remain in business without a

valid address listed wlth the Department would constitute an imminent danger to the

public.

,13. The Department has the legal authority and duty to conduct investigations and conduct

audits to determine and insure that employees are properly trained and customer records

are properly maintained, in order to ensure that fraud or malpractice has not occurred,

'pursuant to 68 111. Admin. Code 1240.31O(f).

13. Respondent Peer's fraudulent action placed the public at risk of imminent harm if the

Department cannot verify the address or conduct an audit and inspection of the company

Illinois address. The Department's efforts to investigate and conduct any interviews of the

owner and employees of Respondents or inspect the premises to insure that the

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Respondents are abiding by Department statutes, rules and appropriate locksmith

practices were thwarted by Respondent's submission of a fraudulent address.

14. Respondent Peer falsified the application on behalf of Dependable Locks, thereby

committing fraud and deception in obtaining a locksmith and locksmith agency license, in

violation of 225 ILCS (2004) 447140-1 O(a)(l ).

15. The Department further alleges that the public interest, safety and welfare imperatively

require emergency action to suspend the locksmith license of David Peer, No, 191-

00081 1, and the locksmith agency license of Dependable Locks, Inc., No. 192-000237,



191-000811, and the locksmith agency license of Dependable Locks, Ioc., No. 192-000237, be

temporarily suspending proceedings before the Illinois Private Detective, Private Alarm, Private

Security and Locksmith Board, pursuant to 225 ILCS (2004) 447145-20(2004).

COUNT ll

1-14. The Department restates and realleges paragraphs 1-14 of Count I as paragraphs

1-1 of Count II.

13. Department Investigator Richard Cauble left a business card at the address listed by

Respondent Peer as the address for Dependable Locks with a request to contact him at

'the Department to discuss the complaint against Respondents Peer and Dependable

Locks.

14. Respondent Peer, as the licensee-in-charge for Dependable Locks, failed to respond

to the Department's request.

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15. The Department has the authority and duty to investigate any and all complaints made

to the Department regarding a licensee, pursuant to 225 ILCS (2004) 447145-10.

76. Said failure to respond to Department Investigator Cauble's request for an interview

regarding Dependable Locks' operation in Illinois constituted failure to respond to a wrltten

request for inforrnatlon within 30 days, and as such is a violation of 225 ILCS (2004)

447140-1 O(a)(21).

17. Public interest and safety is placed at risk of imminent harm since the Department

could not investigate a complalnt it received regarding Dependable due to Respondents'

failure to respond to a written request for information from a Department investigation

within 30 days. The Department's efforts to investigate and conduct any interviews of the *

owner and employees of Respondents or inspect the premlses to insure that the

Respondents are abiding by Department statutes, rules and appropriate locksmith

practices were thwarted by Respondent's failure to cooperate.

18. Respondent's failure to respond to the Department request for information also

constituted unprofessional, unethical and dishonorable conduct, in violation 225 ILCS

(2004) 447140-1 O(a)(3).

, 19. The Department further alleges that the public interest, safety and welfare imperatively

require emergency action to suspend the Locksmith license of David Peer. No. 191-

00081 1 and the Locksmith Agency license of Dependable Locks, Inc., No. 192-000245.

WHEREFORE, THE DIVISION OF PROFESSIONAL REGULATION of the DEPARTMENT

OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois prays that the

Locksmith License of David Peer, No. 191-00081 1 and the Locksmith Agency license of

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Dependable Locks, Inc, No. 192-000245 be temporarily suspended pending proceedings before

the Illinois Private Detective, Private Alarm, Private Security and Locksmith Board. pursuant to

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois Division of Professional Regulation

By: 1 --\ Mief of Business ~rose3t ions

Deborah Rosenberg Alexander Attorney for the Division 100 W , Randolph St., Suite 9-1 00 Chicago, lL 60601 3 1 218 1 4-2352

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