Section 1510.100  Purpose

 

The Illinois Criminal Justice Information Authority (hereinafter called the "Authority") is the sole administrative appeal body in the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information (Illinois Criminal Justice Information Act, Ill. Rev. Stat. 1982 Supp., ch. 38, par. 210-7(h)) and is authorized to promulgate such rules, regulations, and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals (Ill. Rev. Stat. 1982 Supp., ch. 38, par. 210-7(o)).  The purpose of public administrative appeal hearings shall be to air the pertinent evidence in cases concerning individual access and review of criminal history record information, while affording due process to all parties.  All parties shall have the right to appear with counsel, to be present and to participate. The right to participate shall include the rights to call, examine and cross-examine witnesses, and to introduce evidence into the record.  Unless specified otherwise herein, all public administrative appeal hearings of the Authority shall be governed by the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1001 et seq.) as in effect as of the date of filing of this rule.

 

Section 1510.200  Definitions

 

a)         Appeals Committee – The term "Appeals Committee" means the standing committee of the Authority consisting of the Authority's three members of the general public.

 

b)         Committee Chairman – The term "committee chairman" means the chairman of the Appeals Committee of the Authority who is appointed by the Chairman of the Authority.

 

Section 1510.300  Request for Administrative Appeal

 

a)         An individual shall file with the Authority a request for administrative appeal within 56 days of receipt of written notification that an administrative review has been completed by the reviewing agency of the state central repository.  Such request shall be submitted to the Authority on an "Administrative Appeal Complaint Form," or, if such form is unavailable, a written request for administrative appeal may be substituted.

 

b)         An Administrative Appeal Complaint Form shall contain the reviewing agency's name and the National Crime Information Center (NCIC) number, the State identification number, the individual's  full name, address and telephone number, date of birth, notices and instructions, the reviewing officer's name and identification number, the individual's signature, the date filed, space for narrative explaining the specific item or items challenged as being incomplete or inaccurate, the exact correction(s) the individual would have the Authority make, and a space where the individual may request an oral hearing.  The form shall also contain a space for a narrative to allow explanation of the reason for the appeal.

 

c)         Upon receipt of a request for an administrative appeal,  the Appeals Committee shall request that the state central repository or reviewing criminal justice agency forward within seven (7) days all documentation and information used by the reviewing agency to reach its decision.

 

Section 1510.400  Administrative Appeal Hearings

 

a)         The Appeals Committee of the Authority shall conduct administrative appeal hearings on behalf of the Authority.

 

b)         All hearings shall be open to the public.  However, hearings, or parts of hearings, may be closed to the public upon request of the individual and at the discretion of the Appeals Committee, to the extent necessary to protect the privacy of individuals or to ensure the security of criminal history record information, pursuant to federal or state law or regulations.  See Omnibus Crime Control and Safe Streets Act of 1968, as amended, (42 U.S.C. 3701 et seq.), Federal Privacy and Security Regulations (28 CFR 20, as amended December 6, 1977), Illinois Open Meetings Act (Ill. Rev. Stat. 1981, ch. 102, pars. 41 et seq.) and Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1010-1015), as in effect as of the date of filing (adopting) of this rule.

 

c)         Within 28 days of receipt of a request for administrative appeal, the committee chairman shall set a date for the hearing and shall notify the individual of the time, date, and place of the hearing by mail at least seven (7) days prior to the hearing.

 

d)         A hearing must be conducted within 49 days of receipt of a request for administrative appeal, unless the time period is waived by the individual.

 

e)         The hearing shall be conducted at the offices of the Authority unless the committee chairman determines that the hearing should be in some other location based on the following factors:  residence of the individual, location of the reviewing criminal justice agency, or the location of necessary witnesses.  Every effort shall be made to hold the hearing in a place convenient to all parties involved.

 

f)         At a hearing, the individual may appear with counsel, may present evidence, and may cross-examine witnesses.

 

g)         All testimony at the hearing shall be under oath or affirmation.

 

h)         An accurate record, which may be taken by tape recording, stenographer or any other means which will result in a verbatim record, shall be kept of the proceedings of any hearing at no expense to the parties.  The record need not be transcribed or printed unless the Appeals Committee receives notice of an appeal of its decision and a request for such transcript is made. Upon written request to the Authority, a party shall be entitled to be furnished the use of a stenographer and/or a transcript of the record for a fee in accordance with the State Records Act (Ill. Rev. Stat. 1981, ch. 116, pars. 43.4 et seq.) as in effect as of the date of the filing of this rule, or if the State Records Act is not applicable, a fee equal to the cost to the Authority for fulfilling the request.  Such fee shall not exceed the actual cost of stenographic charges or the actual cost for reproduction of the transcript.

 

Section 1510.500  Evidence

 

The Authority shall exclude irrelevant, immaterial or unduly repetitious evidence.  All documents and other evidence offered or taken for the record shall be open to examination by the parties.  An opportunity shall be given to refute facts and arguments advanced on either side of the issues either by written or oral statements.

 

Section 1510.600  Findings and Orders

 

a)         The Appeals Committee shall issue findings and orders on behalf of the Authority.

 

b)         Unless waived by the individual, the Appeals Committee shall issue written findings of fact and conclusions within 28 days from the date the administrative appeal is heard.  The Appeals Committee shall send written notice of the findings of fact, reasons therefor, and the conclusions to the Authority, the individual, the reviewing agency and the state central repository.  After fifteen (15) business days, such action shall constitute the final decision of the Authority.

 

c)         If the criminal history record information in question is found to be incomplete, inaccurate, or not maintained in accordance with the standards of the agency which regularly maintains the records, the Appeals Committee shall request the Authority to order the information to be purged, sealed, modified, or supplemented by explanatory notation, as appropriate.  Such order shall be executed by the reviewing agency and state central repository within 24 hours of receipt of the order.  The reviewing agency or the state central repository shall disseminate the corrected information to all agencies which have received this information.

 

Section 1510.700  Failure to Provide Information

 

The failure of any individual or agency to supply the Appeals Committee with requested information or to testify upon request of the Appeals Committee shall be grounds for reaching conclusions against the interest of the disobedient individual or agency.