AUTHORITY: Implementing the Freedom of Information Act [5 ILCS 140] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and authorized by Section 5-625 of the Civil Administrative Code of Illinois [20 ILCS 5/5-625].

SOURCE: Adopted and codified at 8 Ill. Reg. 12097, effective July 1, 1984; amended at 32 Ill. Reg. 8911, effective June 6, 2008.

SUBPART A: INTRODUCTION

 

Section 751.10  Policy

 

The purpose of these rules is to support the policy of providing public access to the public records in the possession of this Department while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

Section 751.20  Definitions

 

a)         Terms used in this part shall have the same meaning as in the Freedom of Information Act.

 

b)         "FOIA" means the Freedom of Information Act.

 

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

 

d)         "Requestor" means a person who submits a request for public records in accordance with this part.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 751.30  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to the Freedom of Information Officer of this Department.  Requests shall be submitted to the following address:

 

            Freedom of Information Officer

            Department of Central Management Services

            715 Stratton Office Building

            Springfield, Illinois  62706

            Attention:  FOIA Request

 

Section 751.40  Form and Content of Requests

 

a)         Requests in accordance with the FOIA and this Part shall be made in writing.  FOIA request forms are available from the Department.

 

b)         Oral requests will be handled expeditiously.  However, the required response times and the appeal procedures contained in the FOIA and these rules do not apply to oral requests.

 

c)         The requestor shall provide the following information in a request for public records:

 

1)         The requestor's full name, address and phone number.

 

2)         A brief description of the public records sought, being as specific as possible.

 

3)         Whether the request is for inspection of public records, copies of public records, of both.

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 751.50  Time Limit for Department Response

 

a)         The Department shall respond to a written request for public records within 7 working days after the receipt of such request.

 

b)         The Department may require an extension of time to respond which does not exceed an additional 7 working days.  Such an extension is allowable only if written notice is provided within the original 7 working day time limit and only for the reasons provided in Section 3(d) of the FOIA.  Such notice of extension shall state the reasons why the extension is necessary.

 

Section 751.60  Types of Department Responses

 

a)         The Department shall respond to a request for public records in one of three ways:

 

1)         Approve the request.

 

2)         Approve in part and deny in part.

 

3)         Deny the request.

 

b)         Upon approval of a request for public records, the Department shall either provide the materials, 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.

 

c)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of individuals responsible for the decision.  It shall also give notice of the requestor's right to appeal to the Director of the Department.

 

d)         Categorical requests creating an undue burden upon the Department shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of the FOIA.

 

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

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 751.70  Appeal of Denial

 

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

 

            Director

            Department of Central Management Services

            715 Stratton Building

            Springfield, Illinois  62706

            Attention:  FOIA Appeal

 

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

 

Section 751.80  Director's Response to Appeal

 

The Director shall respond to an appeal within 7 working days after receiving notice thereof.  The Director shall either affirm the denial or provide access to the requested public records.  Failure to respond within 7 working days may be considered by the requestor an affirmation of the denial.

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 751.90  Inspection of Records at Department Offices

 

a)         Public records will be made available for inspection during normal working hours of the Department at the office of the Freedom of Information Officer.

 

b)         Documents which the requestor wishes to have copied shall be segregated during the course of the inspection.  All copying shall be done by Department employees unless otherwise required or allowed by the Department.

 

c)         Inspection of records shall take place at the office of the Freedom of Information Officer unless other arrangements are agreed to by the Department.

 

d)         An employee of the Department may be present throughout the inspection.  A requestor may be prohibited from bringing bags, brief cases or other containers into the inspection room.

 

Section 751.100  Copies of Public Records

 

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

 

b)         Fees

 

1)         Charge for copies of public records shall be assessed in accordance with the following fee schedule for duplication of public records:

 

Type of Duplication		Per Copy Charge
Paper copy standard size 8½" x 11" and legal size 8½" x 14"		$.25 per copy (reduced to $.15 per copy if the request is in the public interest in accordance with Section 751.100(c)(2))
Electronic Copy		Assessed based upon the actual cost of reproduction

 

2)        Some records possessed by the Department are in book or pamphlet form.  A charge may be assessed for those materials based upon the cost incurred by the Department for those materials.

 

c)         Waived or Reduced Charges

 

1)         Charges shall be waived if the requestor is a State agency, a constitutional officer, or a member of the General Assembly, or if the response is fewer than 10 pages in its original format.

2)         Charges shall be reduced if:

 

A)        the requestor states the specific purpose for the request; and

 

B)        the requestor indicates that a reduction of the fees is in the public interest.  A reduction of fees is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit  [5 ILCS 140/6(b)].

                         

(Source:  Amended at 32 Ill. Reg. 8911, effective June 6, 2008)

 

Section 751.110  General Materials Available from the Freedom of Information Officer

 

The Freedom of Information Officer shall make available to the public at no charge the following materials:

 

a)         A brief description of the organizational structure and budget of the Department;

 

b)         A brief description of the means for requesting information and public records; and

 

c)         A list of types and categories of public records maintained by the Department.