AUTHORITY: Implementing and authorized by the Freedom of Information Act [5 ILCS 140/1 et seq.), and Section5-15 of the Illinois Administrative Procedures Act [5 ILCS 100/5-15].

SOURCE: Adopted at 17 Ill. Reg. 14659, effective August 30, 1993.

SUBPART A: INTRODUCTION

 

Section 1270.110  Summary and Purpose

 

a)         This Part is established to implement the provisions of the Freedom of Information Act (5 ILCS 140/1 et seq.) within the Department of Veterans' Affairs.  The purpose is to support the policy of providing public access to the public records in the possession of the Department, while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         These rules create a procedure by which the public may request and obtain public records.  Therefore, they are being filed in accordance with Section 5-15 of the IllinoisAdministrative Procedures Act (5 ILCS 100/5-15).

 

Section 1270.120  Definitions

 

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

 

b)         The following definitions are applicable for purposes of this Part:

 

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

 

2)         "Department" means the Illinois Department of Veterans Affairs.

 

3)         "Requestor" means a person who submits a request for public records.

 

4)         "Freedom of Information Officer" means the person designated by the Director of the Department as responsible for receiving requests for public records, and responding to those requests.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1270.210  Person to Whom Requests Are Submitted

 

Requests for public records pursuant to the Freedom of Information Act shall be submitted to:

 

            Freedom of Information Officer

            Department of Veterans Affairs

            P.O. Box 19432

            833 South Spring Street

            Springfield, Illinois 62794-9432

 

Section 1270.220  Form and Content of Requests

 

a)         Requests for public records should be made in writing, and may be submitted on Freedom of Information Request forms as provided by the Department.

 

b)         Oral requests will be considered and acted upon expeditiously.  However, the required response times and the appeals 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 telephone 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 or for copies of public records.

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

 

Section 1270.310  Time Limits for Department Response

 

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

 

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

 

Section 1270.320  Types of Department Responses

 

a)         The Department shall respond to a written 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 may either provide the materials immediately, give notice that the materials shall be made available upon payable of copying fees, 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 may 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 seven working days may e considered by the requestor a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF DENIAL

 

Section 1270.410  Appeal of a 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 may be submitted on a Freedom of Information Appeal form as provided by the Department.  The notice of appeal shall be sent to:

 

            Director

            Department of Veterans Affairs

            P.O. Box 19432,

            833 South Spring Street

            Springfield, Illinois 62794-9432

 

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

 

Section 1270.420  Director's Response to an Appeal

 

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

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1270.510  Inspection of Public Records

 

a)         Public records in the possession of the Department which are subject to inspection in accordance with FOIA, will be made available for inspection during normal office hours, usually at the office where those records are maintained.

 

b)         The Freedom of Information Officer, or his or her designee, may be present throughout the inspection.  A requestor may be prohibited from bringing bags, brief cases, or other containers into the inspection room.

 

c)         During the inspection process, the requestor may indicate or segregate records which he or she wishes to have copied.

 

Section 1270.520  Copies of Public Records

 

a)         Generally, all copies will be made by Department employees, and copies shall be provided to the requestor only after payment of any applicable copying fees.

 

b)         Fees for copies of public records shall be charged in accordance with a standard fee schedule for copying of public records, as established by the Department.  Such fees such shall be reasonably calculated to reimburse actual cost for copying the public records.

 

c)         If it is requested, copies of public records shall be certified as to their authenticity and accuracy.  Fees for certification shall be charged in accordance with the standard fee schedule for certification of public records, as established by the Department.

 

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 or reduced in amount whenever the Freedom of Information Officer determines that such waiver or reduction of fees is in the public interest.

 

Section 1270.530  General Materials Available from the Department

 

The Department shall make available to the public, at no charge, the following materials:

 

a)         A brief description of the Department

 

b)         A listing of types and categories of public records maintained by the Department.

 

c)         A brief description of the methods by which persons may request information and public records from the Department.

 

d)         A schedule of standard fees charged for copying of public records and certification, as established by the Department.