Can the ILETSB decertify me, and how do I contest it?

Who decides whether I keep my certification?

The Illinois Law Enforcement Training and Standards Board. The SAFE-T Act (P.A. 101-652) and its trailer bills turned the Board from a training office into a licensing regulator. A Certification Review Panel, created by 50 ILCS 705/3.1, reviews the hearing judge's findings on formal complaints and recommends a decision to the Board.

What are the two routes to decertification?

The Act sets up two separate tracks, and which one you are on decides where the fight happens.

• Automatic decertification (50 ILCS 705/6.1). Triggered by a felony conviction or plea, or a conviction or plea for a listed misdemeanor. It happens by operation of law. There is no Board hearing on the merits, so the defense happens in the criminal case.
• Discretionary decertification (50 ILCS 705/6.3). Triggered by a complaint about misconduct, with or without criminal charges. The Board must prove the violation by clear and convincing evidence at a hearing, and you can take a final decision to court.

The same incident can touch both. An officer facing charges over a use-of-force incident, for example, can be on the discretionary track before the criminal case ends and on the automatic track if it ends in a listed conviction.

Route 1: What gets an officer decertified automatically?

A felony conviction or guilty plea. Under 50 ILCS 705/6.1, it ends your certification "as a matter of law." The same is true for a listed misdemeanor conviction or plea entered on or after January 1, 2022. The list includes certain sex offenses, domestic battery, theft, deceptive practices, and official misconduct. Supervision and first-offender probation still count.

No hearing on the merits. The criminal case is the real fight, and every plea offer has to be weighed against your certification.

Two other rules in § 6.1 catch officers off guard. You must report an arrest or conviction for a listed offense to the Board, and to your chief or sheriff, within 14 days. Failing to report a conviction, or continuing to work after one, is a Class 4 felony. Knowingly filing a false report with the Board is its own ground for immediate decertification.

Route 2: What can lead to discretionary decertification?

This is where most cases land. Under 50 ILCS 705/6.3(b), the Board may decertify an officer it finds has:

• committed an act that would be a decertifying crime, even without charges or termination
• used excessive force
• failed to intervene
• tampered with body-camera or dash-camera recordings to conceal or alter evidence
• committed perjury, made a false statement, or fabricated evidence in a criminal matter
• engaged in unprofessional, unethical, or deceptive conduct harmful to the public

That last ground is broad. It reaches any departure from minimal standards of acceptable practice, and no one has to be hurt.

How does a complaint move through the Board?

It starts with a notice of violation. Agencies, civilian review boards, inspectors general, State's Attorneys, and individual officers must report covered misconduct within 7 days of becoming aware of it (50 ILCS 705/6.3(c)). Anyone else can file too, including anonymously.

The Board does a preliminary review, notifies your chief or sheriff, and can demand the agency's investigative file. You should receive a certified letter saying a notice came in, though the Board can hold that letter back if it decides notice would not be prudent yet. The investigation usually goes to your own agency. If the Board then finds a reasonable basis to believe you violated the Act, it files a formal complaint with the Panel.

What happens at the hearing?

The Panel sets the complaint before an administrative law judge and must give you written notice at least 30 days before the hearing. You then have 30 days after service to file a written answer.

Don't skip the answer. Without one, the Panel can enter a default, treat the allegations as admitted, and move to revoke. You get 30 days after notice of a default to ask in writing that it be vacated.

At the hearing you can appear with a lawyer, present evidence, and ask the Board to compel witnesses and documents. The procedural rules are at 20 Ill. Adm. Code Part 1790. Under 20 Ill. Adm. Code 1790.130 the complainant, which in a decertification case is the Board side, carries the burden, and the standard is clear and convincing evidence, as § 6.3(h)(8) also provides. That is a higher bar than most local discipline cases use.

The judge sends findings and a recommendation to the Panel. You have 14 days after receiving that report to file written objections under the statute. The Board's rule (20 Ill. Adm. Code 1790.310(d)) counts 15 days from the date of the judge's decision, so calendar the earlier date. The Panel then makes its recommendation by majority vote, and the full Board issues a final decision by majority vote without new evidence. Within 30 days after service of that decision, you can ask the Review Committee to reconsider.

Can the Board suspend me before a final decision?

Yes. Under 50 ILCS 705/8.3, the Board can suspend your certification on an emergency basis after a felony arrest or indictment, with notice to you and your agency within 7 days. After a hearing, the Panel can keep or shorten the suspension if it finds the proof evident or the presumption great, and can reverse it if not. The Board can also lift the suspension at any time.

The statute gives your employing agency 30 days after the notice is served to ask the Certification Review Panel for a hearing, and it also provides for a hearing requested by the officer. It sets no deadline for the officer to ask, and neither the Board's hearing rules (20 Ill. Adm. Code Part 1790) nor its published hearing guidance adds one. Don't treat that as a reason to wait. The suspension runs for the term the Board set unless the Board lifts it or the Panel reverses or shortens it, so ask promptly. Requests are filed through the Board's online hearing portal using the reference number in the notice.

No statute or rule sets a date by which the hearing must be held, although the Board's rules give emergency-suspension hearings priority over other hearings. If you don't ask to be heard, or don't show up, the Panel may hold the hearing without you. You can ask to delay the hearing until after your criminal trial, but the suspension stays in place until the hearing. The Panel's decision on an emergency suspension is the final administrative decision and goes directly to circuit court under the Administrative Review Law.

Separately, if a criminal case is pending you can ask to put the decertification hearing on hold for up to a year. The catch: if you ask for the hold, your certification is inactive until the decertification hearing is over, not just during the delay.

What happens to my job?

Without an active certification you have no police authority. Under 50 ILCS 705/8.1, an agency cannot assign you police duties or authorize you to carry a firearm under its authority, and failing to stay certified forfeits the position.

Resigning rarely helps. Certification goes inactive when you leave, and the Board can refuse to reactivate it if you were fired for good cause over decertifiable conduct, or resigned or retired after being told your agency was investigating you (50 ILCS 705/8.1(b)).

What if my local discipline case or arbitration is still pending?

The Board does not wait. The Act lets it decertify "notwithstanding" whatever discipline your agency imposes for the same conduct. That language is in § 6.3(b-5), and nothing in § 6.3 makes an arbitrator's award or merit board ruling binding on the Board. The Act goes further in § 6.7, which makes the decertification procedures exclusive and says union contract provisions don't apply to Board investigations or hearings. You can win reinstatement and still lose your certification over the same incident.

The two cases feed each other. The agency's internal file is often what the Board relies on, so build the local defense with the Board case in mind from the first interview. If Brady or Giglio issues are in play too, see our article on getting off the Cook County Brady/Giglio list.

What goes into the Board's databases?

Under 50 ILCS 705/9.2, a confidential database open to agency heads and prosecutors tracks sustained misconduct, truthfulness allegations, and why you left each job. A public database shows your certification status and any decertification. You can see your own records at any time.

Can I take a decertification to court?

Yes. Under 50 ILCS 705/6.6, final discretionary decertification decisions are reviewable under the Administrative Review Law, 735 ILCS 5/3-101 et seq., in the circuit court of Cook County or Sangamon County. Under 735 ILCS 5/3-103, you have 35 days after the date a copy of the decision was served on you to file the complaint and have summons issued. Miss it and the court loses power to hear the case. Our administrative review page covers that process.

I just got an ILETSB letter. What now?

• Note the date you received it and keep the envelope. Service dates start the clock.
• Don't call the Board or your agency to explain.
• Gather reports, footage references, the internal affairs file, and any grievance or arbitration paperwork.
• If criminal charges are pending, get your criminal lawyer and certification lawyer talking before any plea decision.
• Calendar the 30-day answer, the objection window (14 days from receiving the judge's report; the rule says 15 days from the decision date, so use the earlier), the 30-day reconsideration motion, and the 35-day court deadline.

More on how we handle these cases is on our ILETSB decertification page and police officer discipline page.

If you've received a notice from the ILETSB, call GB Law at (312) 248-3303 to talk through your options.

Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. GB Law, 1821 W Hubbard St, Suite 209, Chicago, IL 60622, (312) 248-3303.

Questions people ask

What are the two types of ILETSB decertification?

Automatic and discretionary. Automatic decertification happens by operation of law after a felony conviction or a conviction for a listed misdemeanor (50 ILCS 705/6.1), with no hearing on the merits. Discretionary decertification is for misconduct listed in 50 ILCS 705/6.3(b); the Board must prove it by clear and convincing evidence at a hearing, and the final decision can be taken to court.

Who has to prove the case?

The Board side. Under 20 Ill. Adm. Code 1790.130, the standard is clear and convincing evidence.

Will I be told before the Board investigates me?

Usually, by certified mail. The Board can delay that notice until a formal complaint if it decides earlier notice would not be prudent.

If I win my arbitration, is the decertification case over?

No. The Board can decertify regardless of what your agency or an arbitrator does about the same conduct.

How long do I have to go to court?

You have 35 days after the date a copy of the final decision was served on you. A reconsideration motion to the Review Committee is due within 30 days of service of the Board's decision, and if you file one on time, the Review Committee's ruling becomes the final decision that starts the 35-day clock.