I respectfully refer you to the following, and merely ask for your thoughts on the question posed:

Couldn't "failure to follow" be considered an "infraction" ?

If you agree, then where is the problem with using the term "illegal" in the full context of the statement? (note bolded):

When no new SNQs exist and the examiner has been properly advised of same (16 weeks ago), then the examiner's continuing inaction to correct the situation only creates suspicions of inappropriate and possibly illegal behavior

http://agoracom.com/ir/patriot/forums/discussion/topics/426700-sge-ease-ccraider-a-suggestion/messages/1398955#message

Where is the problem?

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Be well