AUTHORITY: Implementing the Freedom of Information Act [5 ILCS 140] and authorized by Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 4 Ill. Reg. 44, p. 437, effective October 22, 1980; codified at 7 Ill. Reg. 16020; amended at 8 Ill. Reg. 14967, effective August 3, 1984; amended at 14 Ill. Reg. 186, effective December 21, 1989; amended at 25 Ill. Reg. 8139, effective June 22, 2001; amended at 26 Ill. Reg. 133, effective January 15, 2002.

SUBPART A: PUBLIC INFORMATION

 

Section 625.10  Public Inspection (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.12  Purpose

 

These rules are established to implement the provisions of the Freedom of Information Act [5 ILCS 140] within the Office of the Comptroller.  The purpose of these rules is to support the policy of providing public access to public records in the custody of the Comptroller while protecting legitimate interests in privacy and confidentiality and maintaining the efficient operation of the Office of the Comptroller.

 

(Source:  Added at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.13  Freedom of Information Officers

 

a)         There shall be appointed one Freedom of Information Officer and one Assistant Freedom of Information Officer.  The Freedom of Information Officer shall be based in either the Chicago or Springfield office.  The Assistant Freedom of Information Officer shall be based in either the Chicago or Springfield office.

 

b)         The Freedom of Information Officer shall be responsible for insuring compliance with the provisions of FOIA.  It shall be the duty of the Freedom of Information Officer to receive, process, and respond to requests for public records made pursuant to the provisions of FOIA.  It shall be the duty of the Assistant Freedom of Information Officer to submit to the Freedom of Information Officer all requests for public records received by the Assistant.

 

(Source:  Added at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.15  Definitions

 

Terms used in these rules shall have the same meaning as in the Freedom of Information Act, (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.).

 

            "FOIA" means the Freedom of Information Act.

 

            "Freedom of Information Officer" means the individual responsible for receiving and responding to requests for public records.

 

            "Requester" means a person who submits a request for public records in accordance with these rules.

 

(Source:  Added at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.20  Request to be Made in Writing (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.25  Requests for Public Records

 

a)         Requests for public records in the custody of the Comptroller shall be submitted to the Freedom of Information Officer or the Assistant Freedom of Information Officer.  Requests for public records may be in writing or made verbally.  Verbal requests not reduced to writing will be processed as quickly as is feasible.  However, the required response times and appeal procedures contained in FOIA and this Part do not apply to unwritten requests.

 

b)         All requests for public records should be sufficiently specific to enable the Freedom of Information Officer to locate them without being unduly burdensome or disruptive to the Office of the Comptroller.  Where possible, specific information regarding names, dates, voucher number, warrant number, vendor number, file designations and other information which would help identify the records should be supplied.  If a request does not reasonably describe the records sought, the requester will be given an opportunity to confer with office personnel to reformulate the request.

 

c)         All requests for public records must include the requester's full name, address and telephone number and shall state whether the request is for inspection of public records, copies of public records, or both.

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.30  Specificity of Request (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.35  Responses to Requests for Public Records

 

a)         The Freedom of Information Officer will respond to a written request for public records within 7 working days after the receipt of such request.

 

b)         The Freedom of Information Officer shall respond to a written request for public records by taking one or more of the following actions:

 

1)         Approval of the request;

 

2)         Approve in part and deny in part;

 

3)         Provide notification that an extension of 7 working days will be required, giving reasons why the extension is necessary; or

 

4)         Deny the request.

 

c)         Upon approval of a request for public records, the Freedom of Information Officer may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction costs or give notice of the time and place for inspection of records.

 

d)         A denial of request for public records shall be made in writing.  It shall state the reason for the denial and the names and titles of individuals responsible for the decision.  It shall also give notice of the requestor's right to appeal directly to the Comptroller as specified in Section 625.45 of this Part.

 

e)         Categorical requests creating an undue burden upon the Office of the Comptroller shall be denied only after extending to the requester an opportunity to confer in an attempt to reduce the request to manageable proportions.

 

f)         Failure to respond to a written request within 7 working days may be considered to be a denial of the request.

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.40  Cost of Requested Information (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.45  Appeal of a Denial of a Request for Public Records

 

a)         A requester whose request has been denied by the Freedom of Information Officer may appeal the denial to the Comptroller.  The notice of appeal shall be made in writing and sent to:

 

            State Comptroller

            201 State House

            Springfield, Illinois  62706

            ATTN:  FOIA Appeal

 

b)         The Notice of Appeal shall include a copy of the original request, a copy of the denial received by the requester, and a statement of the reasons why the appeal should be granted.

 

c)         The Comptroller will respond to an appeal within 7 working days after receiving notice thereof.  The Comptroller shall respond to the appeal by taking the appropriate action(s) specified in Section 625.35(b).

 

d)         The Comptroller in any letter affirming a denial shall include an explanation of the requester's right to judicial review of the Comptroller's decision.  Failure to respond within 7 working days may be considered to be an affirmation of denial.

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.50  Requests Which are Disruptive of Office Operations (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.55  Inspection and/or Copying of Records

 

a)         All public records in the custody of the Office of the Comptroller, which are subject to inspection pursuant to FOIA, will be made available for inspection during normal hours at the office where those records are maintained.  Inspection of public records shall be made under the supervision of the Freedom of Information Officer or his or her designee.

 

b)         Upon inspection, the requestor may segregate those records that he or she wishes to have copied.  Whenever copies of public records are requested, those copies shall be made by the Freedom of Information Officer or his or her designee.

 

c)         Copies shall be provided to the requestor only upon payment of any copying fees that are due.  Unless waived as provided in subsection (d) of this Section, fees for copies of public records shall be imposed as follows:

 

            Paper - 35 per page when the page to be copied does not exceed legal size; and $1.00 per page when the page to be copied exceeds legal size.

 

            Magnetic tape - $25 base charge for each request; $2 per 1,000 records produced, or any part thereof; and $30 for each magnetic tape reel we furnish.

 

            Personal Computer Diskette - $25 base charge for each request; $2 per 1,000 records produced, or any part thereof; and $1 for each diskette we provide.

 

            Special Programming Requests - $105 per hour, if special programming is required to produce the report.

 

d)         Payment of fees shall be waived if the requestor is a State agency, a constitutional officer, or a member of the General Assembly.  Fees may be waived whenever the Freedom of Information Officer determines that waiver of the fee serves the public interest.

 

(Source:  Amended at 26 Ill. Reg. 133, effective January 15, 2002)

 

Section 625.60  Information Not Available for Inspection (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

 

Section 625.70  Appeal of a Request Denial (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 14967, effective August 3, 1984)

SUBPART B: RULEMAKING

 

Section 625.110  Presentation to the Chief of Staff

 

Proposed rules, amendments to rules or repealers shall be prepared by interested personnel in the Office of the Comptroller and submitted to their Department Head. The Department Head may return the rules to the person submitting them with any recommendations for change he deems advisable or he may present them for approval to the Chief of Staff or his or her designee.

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.120  Presentation to the Comptroller

 

The Chief of Staff shall present to the Comptroller the proposed rule including:

 

a)         the text of the proposed rule or the old and new material of proposed amendment or the text of the rule to be repealed,

 

b)         the specific statutory citation upon which the proposed action is based,

 

c)         a description of the subjects and the issues involved, including the reasons for the proposed action and

 

d)         any recommendations deemed advisable by the Chief of Staff.

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.130  Action Upon Comptroller's Approval

 

If the Comptroller approves the proposed action, a member of the Comptroller's legal staff shall assist the Chief of Staff and the Department Head of the Department affected by the rule in preparing the proposed rule for submission to the Secretary of State for publication in the Illinois Register. The submission to the Secretary of State shall include the time, place and manner in which interested persons may present their views and comments concerning the intended action, including the date, place and time for any proposed hearings on the rule. The notice provisions do not apply to rules required by Section 5-15 of the Administrative Procedure Act [5 ILCS 100/5-15].

 

(Source:  Amended at 25 Ill. Reg. 8139, effective June 22, 2001)

 

Section 625.140  Petitions

 

Any interested person may petition the Comptroller or any Department Head for the promulgation, amendment or repeal of a rule. Such petitions must be written and may be in the form of a letter or a document entitled "Petition for Adoption of a Rule". The petition shall include the text of the proposed rule or amendment or a citation to the rule which is to be repealed, together with the reasons for the proposed rule or amendment. The Department Head shall take the necessary action to prepare proposed changes, either as set forth in the petition or as modified, so that the office may initiate a rule making proceeding in accordance with Sections 625.110, 625.120 and 625.130 within 30 days of the receipt of the petition. If a Department Head believes that the proposed action should be denied, he shall inform the petitioner and the Comptroller within 30 days.

 

Section 625.150  Compilation of Rules

 

The legal staff of the Comptroller shall be responsible for the compilation, indexing and publication of all rules and shall see that the compilation supplement and revisions are filed with the Secretary of State, the Cook County Law Library in Chicago and with the Joint Committee on Administrative Rules and shall certify those rules which are currently in effect to the Secretary of State as required by law, rule or regulation.

SUBPART C: ORGANIZATION