AUTHORITY: Implementing and authorized by The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.).

SOURCE: Adopted at 8 Ill. Reg. 14206, effective July 30, 1984.

SUBPART A: DEFINITIONS

 

Section 701.10  Definitions

 

            "Department" means the Illinois Department of Agriculture.

 

            "Director" means the Director of the Illinois Department of Agriculture.

 

            "FOIA" means The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et seq.).

 

            "Freedom of Information Officer" or "FOI Officer" means an employee of the Department who is responsible for receiving and responding to requests for inspection or copies of public records.

 

            "Requestor" means a person who submits a request for public records in accordance with the rules of this Part.

SUBPART B: CLASSIFICATION OF INFORMATION

 

Section 701.20  General Information Available From The FOI Officer

 

The FOI Officer shall make available to any person the following general information:

 

a)         A brief description of the Department's organizational structure, its operating budget, location of its offices, approximate number of full and part-time employees, and identification and membership of boards, commissions, committees or councils that are advisory or to which the Department must report (Section 4(a) of the FOIA).

 

b)         A brief description of the procedure for requesting information and public records, including appeal procedures (Section 4(b) of the FOIA).

 

c)         A list of the types and categories of public records maintained by the Department (Section 5 of the FOIA).

 

d)         Information printed by the Department expressly for public dissemination, such as the Directory of Services, acts, rules, promotional information, statistics on agricultural production, annual reports, and news releases.

 

Section 701.30  Department Records And Information

 

a)         Information and public records of the Department are available to any requestor for inspection or copying, unless the public record or information is exempt from inspection or copying pursuant to Section 7 of the FOIA.

 

b)         Requests which violate privacy, further a commercial enterprise or disrupt the duly-undertaken work of any public body (e.g., for the purpose of soliciting business) shall be denied by the Department in accordance with the legislative intent of the FOIA (Section 1 of the FOIA).

 

c)         Categorical requests which create a burden on the Department shall be denied only after extending to the requestor an opportunity to narrow the request pursuant to Section 3(f) of the FOIA.  The FOI Officer shall consider when determining whether to grant a categorical request such factors as the manpower that will be needed to fulfill the request, the amount of time it will take to complete the request, the personnel available, other activities and priorities of the Department, and whether the Department has the capability to fulfill the request (e.g., copying microfiche).

 

Section 701.40  Electronic Information

 

The Department will provide information which requires electronic retrieval in a timely manner, taking into consideration the competing demands on computer time and computer personnel available to the Department and the provisions of Section 701.30.  The Department will not create special computer programs to retrieve information in a form which would not otherwise be available.

SUBPART C: PROCEDURE FOR REQUESTING PUBLIC RECORDS FROM THE DEPARTMENT

 

Section 701.50  Person To Whom Requests Should Be Directed

 

The request for inspection or copies of public records shall be directed to the Freedom of Information Officer.  The request shall be in writing and sent to:

 

            Illinois Department of Agriculture

            State Fairgrounds

            Springfield, Illinois  62706

            ATTN:  Freedom of Information Officer

 

Section 701.60  Information To Be Provided By The Requestor

 

a)         The request for inspection or copies of public records shall include the name, mailing address and telephone number of the requestor.

 

b)         The request shall describe as specifically as possible what information is sought.

 

c)         The request shall specify for what purpose the information or records are being requested in order for the Department to determine if the reason for the request is in accordance with the legislative intent (Section 1 of the FOIA).

 

d)         The request shall state whether the request is for inspection and/or copies of public records.

 

e)         If the copies of the public records are to be certified by the Department, the requestor must so state on the request.

SUBPART D: DEPARTMENTAL RESPONSE TO REQUESTS FOR INFORMATION AND APPEAL PROCEDURES

 

Section 701.70  Time Frame For Department Response

 

a)         The Department shall comply with or deny a written request for inspection or copies of public records within seven (7) working days after receipt of such request, unless the requestor is notified of an extension of the time period (Section 3(c) of the FOIA).

 

b)         The Department may extend the time period for responding to a requestor.  An extension of time to respond will not exceed seven (7) additional working days.  Such an extension of time is allowable only if written notice is provided the requestor within the seven (7) original working day limit and only for the reasons provided in Section 3(d) of the FOIA.  Such notice shall state the reasons why the delay is necessary and the date by which records will be available or denial will be forthcoming (Section 9 of the FOIA).

 

Section 701.80  Approval Of The Request For Information

 

When a request for inspection and/or copies of public records is approved, the FOI Officer shall notify the requestor in writing or by telephone as to when the public records will be available for inspection or as to the cost of copying.

 

Section 701.90  Denial Of Request For Information

 

a)         The Department may deny requests for inspection or copies of public records in accordance with the provisions of Sections 701.30 and 701.40.

 

b)         The denial of the request shall be in writing, signed by the FOI Officer and sent by certified mail to the requestor.  The notice of denial shall include:

 

1)         Description of the information which is being denied.

 

2)         Names and titles or positions of persons responsible for the denial (Section 9(a) of the FOIA).

 

3)         Reason for the denial (Section 9(a) of the FOIA);

 

4)         A statement advising the requestor of the right to appeal the denial to the Director of the Department in accordance with the procedures set forth in Section 701.100.

 

Section 701.100  Reconsideration Of Denials By The Director

 

a)         A requestor whose request has been denied by the FOI Officer may appeal the denial to the Director of the Department.  The notice of appeal shall be in writing and sent to:

 

            Director

            Illinois Department of Agriculture

            State Fairgrounds

            Springfield, Illinois  62706

            ATTN:  FOIA Appeal

 

b)         The notice of appeal shall state why the appeal should be granted.  A copy of the original request for a copy and/or inspection of the public records and a copy of the FOI Officer's denial letter shall accompany the notice of appeal.

 

c)         Upon receipt of a notice of appeal containing all the information and documentation required by Section 701.100(b), the Director shall review the appeal request and respond by certified mail to the requestor within seven (7) working days.  The Director's response shall confirm the denial or state when the public records will be available for inspection or copying. The notice of denial of an appeal by the Director shall inform the requestor of the right to judicial review under Section 11 of the FOIA (Section 9(a) of the FOIA).

SUBPART E: PROCEDURE FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 701.110  Inspection Of Public Records At Department Offices

 

a)         Public records shall be available for inspection at the Department's Springfield office and only during the normal working hours of the Department as set forth in Section 18 of The Civil Administrative Code of Illinois (Ill. Rev. Stat. 1983, ch. 127, par. 18).  The FOI Officer shall set an appointed time for the inspection of the public records.

 

b)         A Department employee may be present during the inspection of public records.

 

c)         Documents which the requestor wishes to have copies of shall be segregated during the course of the inspection.  Photocopying shall be done by Department employees.

 

Section 701.120  Copies Of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon receipt of the payment of any charges which are due.

 

b)         Charges for copies of public records shall be assessed in accordance with the Fee Schedule For Duplication Of Public Records as set forth in Section 701.140, unless the fees have been waived as set forth in Section 701.130.

SUBPART F: FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS AND WAIVER OF FEES

 

Section 701.130  Waiver Of Fees

 

a)         Charges shall be waived if the requestor is another agency of this State, a Constitutional officer of this State, or a member of the Illinois General Assembly.

 

b)         Charges shall be waived by the FOI Officer or Director when the waiver benefits the Department in the administration of its programs or facilitates public awareness of such programs.

 

c)         The FOI Officer shall make available to any person at no charge general information as set forth in Section 701.20.

 

Section 701.140  Fee Schedule For Duplication Of Public Records

 

a)	Paper copy from paper original (duplicated on 8½ X 11 or 8½ X 14 inch paper; each side of the paper original shall be considered a separate page).........................................................................................	$.10
b)	Computer printout (paper – per page)....................................................	.05
c)	Certification Charge (per request)..........................................................	.50

 

d)        Duplication of public records which the Department cannot reproduce in-house (e.g., film prints, audio tapes, microfiche, and microfilm) will be contracted for by the Department provided the requestor agrees to pay the costs charged by the commercial entity performing the duplication.