Weipert v. Illinois Department of Professional Regulation

State: Illinois

Court: 4th District Appellate

Docket No: 4-01-1030 Rel

Case Date: 02/20/2003

NO. 4-01-1030

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

LARRY L. WEIPERT,
                   Plaintiff-Appellant,
                   v.
THE ILLINOIS DEPARTMENT OF
PROFESSIONAL REGULATION and LEONARD A.
SHERMAN, Director,
                   Defendants-Appellees.

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Appeal from
Circuit Court of
Sangamon County
No. 01MR404

Honorable
Robert J. Eggers,
Judge Presiding.

JUSTICE KNECHT delivered the opinion of the court:

In February 2001, plaintiff, Larry L. Weipert, filed anapplication with defendant, the Illinois Department of Professional Regulation (Department), for licensure as a privatedetective. In June 2001, the Department denied Weipert's application because he lacked the three years' work experience required by section 75(a)(6) of the Private Detective, PrivateAlarm, Private Security, and Locksmith Act of 1993 (PrivateDetective Act) (225 ILCS 446/75(a)(6) (West 2000)). In July2001, Weipert filed a compliant for administrative review in thecircuit court, which affirmed the Department's decision. Weipertappeals, arguing section 75(a)(6) is unconstitutional because itsapprenticeship provision (1) grants a monopolistic right toinstruct, (2) fails to enhance the expertise of prospectivelicensees, (3) fails to bear a reasonable relationship to the endof protecting the public, and (4) violates the federal and stateequal protection clauses (U.S. Const., amend. XIV; Ill. Const.1970, art. I,