AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140], implementing Sections 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100].

SOURCE: Adopted at 8 Ill. Reg. 12899, effective July 10, 1984; amended at 35 Ill. Reg. 6066, effective March 25, 2011; amended at 48 Ill. Reg. 10197, effective June 28, 2024.

SUBPART A: INTRODUCTION

 

Section 1301.110  Summary and Purpose

 

a)         This Part states the policy of the Department of Employment Security for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality.

 

b)         This Part:

 

1)         Establishes the following classifications for records in the Agency's possession:

 

A)        Records that shall be disclosed; and

 

B)        Records that shall be withheld from disclosure.

 

2)         Contains the procedures by which requesters may obtain records in the Agency's possession; and

 

3)         Contains the procedures for claiming and determining that records submitted to the Agency are exempt from disclosure.

 

(Source:  Amended at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.120  Definitions

 

a)         Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act and the Illinois Unemployment Insurance Act.

 

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

 

"Act" means the Illinois Unemployment Insurance Act [820 ILCS 405].

 

"Agency" means the Illinois Department of Employment Security.

 

"Commercial purpose" means the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services.  For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles of opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.  (Section 2(c-10) of FOIA)

 

"Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical, or other process, device or means now known or hereafter developed and available to the Agency.  (Section 2(d) of FOIA)

 

"Director" means the Director of the Agency.

 

"FOIA" means the Freedom of Information Act [5 ILCS 140].

 

"Freedom of Information Officer" or "FOI Officer" means an individual or individuals responsible for receiving and responding to requests for public records.

 

"News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in paper or electronic form, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.  (Section 2(f) of FOIA)

 

"Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses.  Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.  (Section 2(c-5) of FOIA)

 

"Public Access Counselor" means an individual appointed to that office by the Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

 

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, any subsidiary bodies of any of the foregoing, including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

 

"Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of the Agency.  (Section 2(c) of FOIA)

 

"Requester" means a person who submits to the Agency a written request, electronically or on paper, for records.

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

SUBPART B: CLASSIFICATION OF RECORDS

 

Section 1301.201  Records that Will Be Disclosed

 

Upon receiving a request meeting the requirements of this Part, the Agency shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 1301.202 or 1301.203.  Records covered under this Section shall include, but are not limited to, records identified in Sections 2.5, 2.10, 2.15, and 2.20 of FOIA.

 

a)         Records of funds.  All records relating to the obligation, receipt, and use of public funds of the Agency are public records subject to inspection and copying by the public.  (Section 2.5 of FOIA)

 

b)         Payrolls.  Certified payroll records submitted to the Agency under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are public records subject to inspection and copying in accordance with the provisions of FOIA; except that contractors' and employees' addresses, telephone numbers, and social security numbers will be redacted by the Agency prior to disclosure.  (Section 2.10 of FOIA)

 

c)         Criminal history records.  The following documents maintained by the Agency pertaining to criminal history record information are public records subject to inspection and copying by the public pursuant to FOIA:

 

1)         Court records that are public;

 

2)         Records that are otherwise available under State or local law; and

 

3)         Records in which the requesting party is the individual identified, except as provided under FOIA Section (7)(1)(d)(vi)

 

d)         Settlement and severance agreements.  All settlement and severance agreements entered into by or on behalf of the Agency are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 1301.202 or 1301.203 of this Part may be redacted.  (Section 2.20 of FOIA)

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.202  Records that Will Be Withheld from Disclosure

 

a)         Information and data that meet one or more exemption as set forth in Section 7 of FOIA will be withheld. If it is not unduly burdensome, as defined in Section 1301.402, to redact exempt information and data from a record and produce a redacted copy of the record, the exempt information may be redacted and the redacted record produced as provided for in Section 7 of FOIA.

 

b)         A record that is not in the possession of the Agency but is in the possession of a party with whom the Agency has contracted to perform a governmental function on behalf of the Agency, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of the Agency for purposes of Subpart C.  (Section 7(2) of FOIA)

 

c)         When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the Agency shall make the remaining information available for inspection and copying. (Section 7(1) of FOIA).

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.203  Statutory Exemptions

 

Records that are required to remain confidential under Section 1900 of the Illinois Unemployment Insurance Act [820 ILCS 405/1900], will not be produced as they are exempt under Section 7(1)(a) of FOIA. For a non-exhaustive list of exemptions from FOIA that are stated in other statutes, see Section 7.5 of FOIA.

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.210  Office to Which Requests are Submitted (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.220  Form and Content of Requests (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

SUBPART C: REQUESTING RECORDS FROM THE AGENCY

 

Section 1301.301  Submittal of Requests for Records

 

a)          Any request for public records should be submitted in writing to the FOI Officer at the Agency.

 

b)         The Agency has one FOI Officer, located in the 33 South State Street, Chicago, Illinois 60603 office.

 

c)          Contact information for the FOI Officer can be found online at www.ides.state.il.us/foia/contacts.html.

 

d)         FOIA requests may be submitted via mail, e-mail, fax, or hand delivery.  Requests should be mailed or hand delivered to:

 

Department of Employment Security

33 South State Street, Room 937

Chicago IL  60603

Attn:  FOI Officer

 

e)         E-mailed requests should be sent to des.foiarequest@illinois.gov, contain the request in the body of the e-mail, and indicate in the subject line of the e-mail that it contains a FOIA request.  Faxed FOIA requests should be faxed to 312/793-5645, Attn:  FOI Officer.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.302  Information To Be Provided in Requests for Records

 

A request for records should include:

 

a)         The complete name, mailing address and telephone number of the requester;

 

b)         As specific a description as possible of the records sought.  Requests that the Agency considers unduly burdensome or categorical may be denied.  (See Section 3(g) of FOIA and Section 1301.402 of this Part.);

 

c)         A statement as to the requested medium and format for the Agency to use in providing the records sought:  for example,  paper, specific types of digital or magnetic media, or videotape;

 

d)         A statement as to the requested manner for the Agency to use in providing the records sought:  for example, inspection at Agency headquarters or providing paper or electronic copies;

 

e)         A statement as to whether the requester needs certified copies of all or any portion of the records, including reference to the specific documents that require certification;

 

f)         A statement as to whether the request is for a commercial purpose; and

 

g)         If the request involves unemployment insurance records for an individual or employing unit, a detailed explanation of the purpose for which the records are needed.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.303  Requests for Records for Commercial Purposes

 

a)         It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by the Agency.  (Section 3.1(c) of FOIA)

 

b)         The Agency shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt.  The response shall:

 

1)         Provide to the requester an estimate of the time required by the Agency to provide the records requested and an estimate of the fees to be charged, which the Agency may require the person to pay in full before copying the requested documents;

 

2)         Deny the request pursuant to one or more of the exemptions set out in Section 7 or 7.5 of FOIA or Section 1301.202 or 1301.203;

 

3)         Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

4)         Provide the records requested.  (Section 3.1(a) of FOIA)

 

c)         Unless the records are exempt from disclosure, the Agency shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.  (Section 3.1(b) of FOIA)

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.310  Timeline for Department Response (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.320  Categories of Department Responses (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

 

Section 1301.401  Timeline for Agency Response

 

a)         Except as stated in Section 1301.303 or subsection (b) or (c), the Agency will respond to any written request for records within 5 business days after its receipt of the request at the address given in Section 1301.301.  Failure to comply with a written request, extend the time for response, or deny a request within 5business days after its receipt shall be considered a denial of the request.  If the Agency fails to respond to a request within the requisite periods in this subsection (a) but thereafter provides the requester with copies of the requested records, it will not impose a fee for such copies.  If the Agency fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 1301.402.  (Section 3(d) of FOIA)  A written request from the Agency to provide additional information shall be considered a response to the FOIA request.

 

b)         The time limits prescribed in subsection (a) may be extended for not more than5 business days from the original due date for any of the following reasons:

 

1)         The requested records are stored in whole or in part at locations other than the office having charge of the requested records;

 

2)         The request requires the collection of a substantial number of specified records;

 

3)         The request is couched in categorical terms and requires an extensive search for the records responsive to it;

 

4)         The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

 

5)         The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed only with appropriate deletions;

 

6)         The request for records cannot be complied with by the Agency within the time limits prescribed by subsection (a) without unduly burdening or interfering with the operations of the Agency; or

 

7)         There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.  (Section 3(e) of FOIA)

 

c)         The person making a request and the Agency may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Agency agree to extend the period for compliance, a failure by the Agency to comply with any previous deadlines shall not be treated as a denial of the request for the records.  (Section 3(e) of FOIA)

 

d)         When additional time is required for any of the reasons set forth in subsection (b), the Agency will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.  Failure to respond within the time permitted for extension shall be considered a denial of the request.  If the Agency fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies.  If the Agency issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 1301.402.  (Section 3(f) of FOIA)

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.402  Requests for Records that the Agency Considers Unduly Burdensome

 

a)         The Agency will fulfill requests calling for all records falling within a category unless compliance with the request would be unduly burdensome for the Agency, there is no way to narrow the request, and the burden on the Agency outweighs the public interest in the information.  Before invoking this exemption, the Agency will extend to the requester an opportunity to confer with it in an attempt to reduce the request to manageable proportions.  (Section 3(g) of FOIA)  The amended request must be in writing.

 

b)         If the Agency responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described in subsection (a) of this Section are met, the Agency shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the Agency.  Such a response shall be treated as a denial of the request for information.  (Section 3(g) of FOIA)

 

c)         Repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under this Part shall be deemed unduly burdensome.  (Section 3(g) of FOIA)

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.403  Requests for Records that Require Electronic Retrieval

 

a)         A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records.

 

b)         The Agency will retrieve and provide electronic records only in a format and medium that is available to the Agency.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.404  Denials of Requests for Records

 

a)         The Agency will deny requests for records when:

 

1)         Compliance with the request would unduly burden the Agency, as determined pursuant to Section 1301.402, and the requester has not reduced the request to manageable proportions; or

 

2)         The records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or Section 1301.202 or 1301.203.

 

b)         The denial of a request for records must be in writing.

 

1)         The notification shall include a description of the records denied; the reason for the denial, including a detailed factual basis for the application of any exemption claimed; and the names and titles or positions of each person responsible for the denial  (Section 9(a) of FOIA);

 

2)         Each notice of denial shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor (Section 9(a) of FOIA); and

 

3)         When a request for public records is denied on the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to the supporting legal authority (Section 9(b) of FOIA).

 

c)         A requester may treat the Agency's failure to respond to a request for records within 5 business days after receipt of the written request as a denial for purposes of the right to review by the Public Access Counselor.

 

d)         If the Agency has given written notice pursuant to Section 1301.401(d), failure to respond to a written request within the time permitted for extension may be treated as a denial for purposes of the right to review by the Public Access Counselor.

 

e)         Any person making a request for public records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the Agency fails to act within the time periods provided in Section 1301.401.  (Section 9(c) of FOIA)

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.405  Requests for Review of Denials – Public Access Counselor

 

a)         A person whose request to inspect or copy a public record is denied by the Agency may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial.  (Section 9.5(a) of FOIA)

 

b)         A person whose request to inspect or copy a public record is made for a commercial purpose as defined in Section 1301.120 may not file a request for review with the Public Access Counselor.  A person whose request to inspect or copy a public record was treated by the Agency as a request for a commercial purpose under Section 3.1 of FOIA may file a request for review with the Public Access Counselor for the limited purpose of reviewing whether the Agency properly determined that the request was made for a commercial purpose.

 

c)         A person whose request to inspect or copy a public record was treated by the Agency as a voluminous request under Section 3.6 of FOIA may file a request for review with the Public Access Counselor for the purpose of reviewing whether the Agency properly determined that the request was a voluminous request.  (Section 9.5(b) of FOIA)

 

d)         Within 7 business days after receipt of the request for review from the Public Access Counselor, the Agency shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor.  (Section 9.5(c) of FOIA)

 

e)         Within 7 business days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the Agency may, but is not required to, answer the allegations of the request for review.  The answer may take the form of a letter, brief, or memorandum.  The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy.  (Section 9.5(d) of FOIA)

 

f)         The requester may, but is not required to, respond in writing to the answer within 7 business days and shall provide a copy of the response to the Agency.  (Section 9.5(d) of FOIA)

 

g)         In addition to the request for review, and the answer and response thereto, if any, a requester or the Agency may furnish affidavits or records concerning any matter germane to the review.  (Section 9.5(e) of FOIA)

 

h)         A binding opinion from the Attorney General shall be binding upon both the requester and the Agency, subject to administrative review under Section 1301.407.  (Section 9.5(f) of FOIA)

 

i)          If the Attorney General decides to exercise his or her discretion to resolve a request for review by mediation or by a means other than issuance of a binding opinion, the decision not to issue a binding opinion shall not be reviewable.  (Section 9.5(f) of FOIA)

 

j)          Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the Agency shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 1301.407.  If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 1301.407.  (Section 9.5(f) of FOIA)

 

k)         If the Agency discloses records in accordance with an opinion of the Attorney General, the Agency is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA.  (Section 9.5(f) of FOIA)

 

l)          If the requester files suit under Section 1301.406 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall take no further action with respect to the request for review and shall so notify the Agency.  (Section 9.5(g) of FOIA)

 

m)       The Attorney General may also issue advisory opinions to the Agency regarding compliance with FOIA.  A review may be initiated upon receipt of a written request from the Director of the Agency or the Agency's Chief Legal Counsel, which shall contain sufficient accurate facts from which a determination can be made.  The Public Access Counselor may request additional information from the Agency in order to assist in the review.  If the Agency relies in good faith on an advisory opinion of the Attorney General in responding to a request, the Agency is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.  (Section 9.5(h) of FOIA)

 

(Source:  Amended at 48 Ill. Reg. 10197, effective June 28, 2024)

 

Section 1301.406  Circuit Court Review

 

A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.407  Administrative Review

 

A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III].  An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook County or Sangamon County.  An advisory opinion issued to the Agency shall not be considered a final decision of the Attorney General for purposes of this Section.  (Section 11.5 of FOIA)

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.410  Appeal of a Denial (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.420  Director's Response to Appeal (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

 

Section 1301.510  Inspection of Records

 

a)         The Agency may make available records for personal inspection at the Agency's headquarters office located at 33 S. State St., Chicago, Illinois, or at another location agreed to by both the Agency and the requester.  No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.  The Agency may provide records in duplicate forms, including, but not limited to, paper copies, data processing printouts, videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer disks and diazo.

 

b)         When a person requests a copy of a record maintained in an electronic format, the Agency will furnish it in the electronic format specified by the requester, if feasible.  If it is not feasible to furnish the records in the specified electronic format, then the Agency will furnish it in the format in which it is maintained by the Agency, or in paper format at the option of the requester.  (Section 6(a) of FOIA)  

 

c)         A requester may inspect records by appointment only, scheduled subject to space availability.  The Agency will schedule inspection appointments to take place during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State holidays.  If the requester must cancel the viewing appointment, the requester shall so inform the Agency as soon as possible before the appointment.

 

d)         In order to maintain routine Agency operations, the requester may be asked to leave the inspection area for a specified period of time.

 

e)         The requester will have access only to the designated inspection area.

 

f)         Requesters shall not be permitted to take briefcases, folders or similar materials into the room where the inspection takes place.  An Agency employee may be present during the inspection.

 

g)         The requester shall segregate and identify the documents to be copied during the course of the inspection.

 

(Source:  Amended at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.511  Copying of Records; Fees

 

a)         In accordance with Section 1301.512, unless a fee is otherwise fixed by statute, the Agency will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

 

b)         In calculating its actual cost for reproducing records or for the use of the equipment of the Agency to reproduce records, the Agency will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records.  (Section 6(b) of FOIA)

 

c)         In order to expedite the copying of records that the Agency cannot copy, due to the volume of the request or the operational needs of the Agency, in the timelines established in Section 1301.401, the requester may provide, at the requester's expense, the copy machine, all necessary materials, and the labor to copy the public records at the Agency headquarters in Chicago, Illinois, or at another location agreed to by both the Agency and the requester.  No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.

 

d)         Copies of records will be provided to the requester only upon payment of any fees due.  The Agency may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but the Agency will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records.  (Section 6(a) of FOIA)  Payment must be by check or money order sent to the Agency, payable to "Director of Employment Security".

 

e)         If a contractor is used to inspect or copy records, the following procedures shall apply:

 

1)         The requester, rather than the Agency must contract with the contractor;

 

2)         The requester is responsible for all fees charged by the contractor;

 

3)         The requester must notify the Agency of the contractor to be used prior to the scheduled on-site inspection or copying;

 

4)         Only Agency personnel may provide records to the contractor;

 

5)         The Agency must have verification that the requester has paid the Agency, if payment is due, for the copying of the records before providing the records to the contractor; and

 

6)         The requester must provide to the Agency the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.512  Reduction and Waiver of Fees

 

a)         Fees may be reduced or waived by the Agency if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest.  In making this determination, the Agency will consider the following:

 

1)         Whether the principal purpose of the request is to disseminate information regarding the health, safety, welfare or legal rights of the general public; and

 

2)         Whether the principal purpose of the request is personal or commercial benefit.  For purposes of this subsection (a), "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.  (Section 6(c) of FOIA)

 

b)         The Agency will provide copies of records without charge to federal, State, and municipal agencies, Constitutional officers and members of the General Assembly, and not-for-profit organizations providing evidence of good standing with the Secretary of State’s Office.

 

c)         Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of records when furnished in a paper format will not be applicable to those records when furnished to a requester in an electronic format.  (Section 6(a) of FOIA)

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.520  Copies of Public Records (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)

 

Section 1301.530  General Materials Available from the Office of the Commissioner (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)





 

Section 1301.APPENDIX A   Fee Schedule for Duplication and Certification of Records

 

TYPE OF DUPLICATION		FEE (PER COPY)
Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies		No charge
Paper copy from original, in excess of 50 copies of black and white, letter or legal sized copies		$.15/page
Paper copy from microfilm original		$.15/page
Microfilm diazo from original		$.50/diazo
VHS video copy of tape		Actual cost of the reproduction
Audio tape copy of tape		Actual cost of the reproduction
CD ROM disk		Actual cost of the reproduction
Photograph from negative		Actual cost of the reproduction
Blueprints/oversized prints		Actual cost of the reproduction
Paper copies in color or in a size other than letter or legal		Actual cost of the reproduction
Certification fee		$1.00/record

 

NOTE:  Expense for delivery other than by First Class U.S. Mail must be borne by the requester.

 

(Source:  Added at 35 Ill. Reg. 6066, effective March 25, 2011)




Section 1301.ILLUSTRATION A   Request for Public Records (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)




Section 1301.ILLUSTRATION B   Denial of Request for Public Records (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)




Section 1301.ILLUSTRATION C   Partial Approval of Request for Public Records (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)




Section 1301.ILLUSTRATION D   Deferral of Response to Request for Public Records (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)




Section 1301.ILLUSTRATION E   FOIA Appeal − Director's Response (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)