TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351 FREEDOM OF INFORMATION

SUBPART A: INTRODUCTION

Section 351.100 Summary and Purpose

Section 351.110 Definitions


SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

Section 351.200 Person to Whom Requests are Submitted

Section 351.210 Form and Content of Requests


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

Section 351.300 Time for Commission Response

Section 351.310 Types of Commission Responses


SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

Section 351.400 Appeal of a Denial

Section 351.410 Director's Response to Appeal


SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

Section 351.500 Inspection of Records at Commission Offices

Section 351.510 Copies of Public Records

Section 351.520 General Materials Available from the Freedom of Information Officer


Section 351.APPENDIX A Request for Public Records

Section 351.APPENDIX B Fee Schedule for Duplication of Public Records

Section 351.APPENDIX C Approval of Request for Public Records

Section 351.APPENDIX D Denial of Request for Public Records

Section 351.APPENDIX E Partial Approval of Request for Public Records

Section 351.APPENDIX F Deferral of Response to Request for Public Records

Section 351.APPENDIX G For Appeal Director's Response


AUTHORITY: Implementing and authorized by the Freedom of Information Act (Ill. Rev. Stat. 1991, ch. 116, par. 201 et seq.) and Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15).


SOURCE: Adopted at 8 Ill. Reg. 12079, effective July 1, 1984; transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664; amended at 16 Ill. Reg. 13229, effective August 17, 1992.


SUBPART A: INTRODUCTION

 

Section 351.100  Summary and Purpose

 

a)         These rules are established to implement the provisions of the Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et seq.).  The purpose of these rules is to support the policy of providing public access to the public records in the possession of this Commission 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 Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15).

 

Section 351.110  Definitions

 

a)         Terms used in these rules 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 these rules.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)


SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 351.200  Person to Whom Requests are Submitted

 

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

 

            Douglas Pitchford

            State's Attorneys Appellate Prosecutor

            151 Bruns Lane, Suite 102

            Springfield, Illinois  62702

            ATTN:  FOIA Request.

 

(Source:  Amended at 16 Ill. Reg. 13229, effective August 17, 1992)

 

Section 351.210  Form and Content of Requests

 

a)         Requests must be made in accordance with the FOIA.  Such requests may be submitted on FOIA request forms provided by the Commission.  (See Appendix A to these rules).

 

b)         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 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, or both.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)


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

 

Section 351.300  Time for Commission Response

 

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

 

b)         The Commission may give notice of an extension of time to respond which does not exceed an additional 7 working days.  Such an extension is allowable if written notice is provided within the original 7 working day time limit for the reasons provided in Section 3(d) of the FOIA.  Such notice of extension shall state the reasons why the extension is necessary and the date by which the records will be made available or denial will be forthcoming.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)

 

Section 351.310  Types of Commission Responses

 

a)         The Commission 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 Commission may either make available the materials, give notice that the materials shall be made available upon payment of allowable 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 Commission.

 

d)         Categorical requests creating an undue burden upon the Commission 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 will be considered by the requestor a denial of the request.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)


SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 351.400  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 Commission.  The notice of appeal shall be made in writing and sent to:

 

Norbert J. Goetten

State's Attorneys Appellate Prosecutor

151 Bruns Lane, Suite 102

Springfield, Illinois  62702

ATTN:  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,

 

(Source:  Amended at 16 Ill. Reg. 13229, effective August 17, 1992)

 

Section 351.410  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.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)


SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 351.500  Inspection of Records at Commission Offices

 

a)         Unless otherwise agreed, the inspection of records shall take place at the office of the Freedom of Information Officer during normal working hours.  For purposes of convenience, either the Commission or the requestor may request that inspection take place in another Commission office location.

 

b)         Documents which the requestor wishes to have copied shall be segregated during the course of the inspection.  Generally, all copying shall be done by Commission employees.

 

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

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)

 

Section 351.510  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)         Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" attached as Appendix B to these rules.

 

c)         Charges may be waived or reduced in any case where the Freedom of Information Officer determines that the waiver serves the public interest.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)

 

Section 351.520  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 Commission;

 

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 Commission.

 

(Source:  transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill. Reg. 1664)

Section 351.APPENDIX A   Request for Public Records

 

 

TO:

 

FROM:

 

 

 

FOI OFFICER

 

NAME

 

 

 

COMMISSION

 

ADDRESS

 

 

 

ADDRESS

 

 

 

 

 

 

 

PHONE NUMBER

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

Please indicate if you wish to inspect the above captioned records or wish a copy of them:

 

 

 

Inspection

Copy

Both

 

 

Do you wish to have copies certified?

 

 

 

 

 

 

FOR OFFICE USE ONLY:

 

 

 

 

Date Received

 

Date Response Due

 

 

 

Notations re Oral Communications or Other Items.

Section 351.APPENDIX B   Fee Schedule for Duplication of Public Records

 

 

Type of Duplication

 

Per Copy Charge

Paper copy from paper original

(possibly different charges for different sizes)

 

$  .10

Paper copy from computer original

 

.20

Certification of Public Records

 

.50

 

 

Some records possessed by the Commission are in book or pamphlet form. A charge may be assessed for such materials based upon the cost of such materials incurred by the Commission.

Section 351.APPENDIX C   Approval of Request for Public Records

 

 

TO:

 

 

FROM:

 

 

 

 

Name

 

 

FOI Officer

 

 

 

 

Address

 

 

Commission

 

 

 

 

 

 

 

Address

 

 

 

 

Phone Number

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

Your request dated ___________ for the above captioned records has been approved.

The documents you requested are enclosed.

The documents will be made available upon payment of copying costs in the amount of _______________.

You may inspect the records at:

 

 

on

 

.

 

date

 

 

 

 

FOI Officer

 

Date

 

Section 351.APPENDIX D   Denial of Request for Public Records

 

TO:

 

 

FROM:

 

 

 

 

Name

 

 

FOI Officer

 

 

 

 

Address

 

 

Commission

 

 

 

 

 

 

 

Address

 

 

 

 

Phone Number

 

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

Your request dated:

 

for the above captioned records has been denied.

 

The request creates an undue burden on the public body in accordance with Section 3(f) of the Freedom of Information Act, and we were unable to negotiate a more reasonable request. Compliance with the request would cause an undue burden on the Commission for the following reason(s):

The materials requested are exempt under Section 7 of the Freedom of Information Act for the following reasons:

 

The individuals who have reached the determination that the records you have requested are to be denied are:

 

1.)

 

 

2.)

 

You have the right to appeal the denial of the records you have requested to the Director of this Commission by submitting a written notice of appeal to:

Norbert J. Goetten, Director

State's Attorneys Appellate Prosecutor

151 Bruns Lane, Suite 102

Springfield, Illinois  62702

ATTN: FOIA Appeal

 

(Source:  Amended at 16 Ill. Reg. 13229, effective August 17, 1992)


Section 351.APPENDIX E   Partial Approval of Request for Public Records

 

 

TO:

 

FROM:

 

 

 

Name

 

FOI Officer

 

 

 

Address

 

Commission

 

 

 

 

 

Address

 

 

 

Phone Number

 

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

Your request dated ______________ for the above captioned records has been partially approved. Those parts of your request which have been approved:

 

   are enclosed.

 

   will be made available upon payment of copying costs in the amount of ___________.

 

   may inspect the records at __________________ on _______________.

date

 

The following portions of your request have been denied for the reason(s) cited:

 

1.

 

2.

 

You have the right to appeal the denial of the records you have requested to the Director of this Commission by submitting a written notice of appeal to:

 

Norbert J. Goetten, Director

States Attorneys Appellate Prosecutor

151 Bruns Lane, Suite 102

Springfield, Illinois  62702

 

(Source:  Amended at 16 Ill. Reg. 13229, effective August 17, 1992)


Section 351.APPENDIX F   Deferral of Response to Request for Public Records

 

 

TO:

 

FROM:

 

 

 

Name

 

FOI Officer

 

 

 

Address

 

Commission

 

 

 

 

 

Address

 

 

 

Phone Number

 

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

 

Your request dated

 

for the above captioned records must be delayed. The

delay in responding to your request is for the following reason(s):

(Provide reason for delay in accordance with Section 3(d) of the FOIA.)

You will be notified by

 

(date) as to the action taken on your request.

 

 

 

FOI Officer

 

Date

 

Section 351.APPENDIX G   For Appeal Director's Response

 

 

TO:

 

FROM:

 

 

 

Name

 

FOI Officer

 

 

 

Address

 

Commission

 

 

 

 

 

Address

 

 

 

Phone Number

 

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

 

 

Noted below is the action I have taken on your appeal from the denial of your request for the above captioned records:

 

I hereby approve your appeal to the following extent and for the following reason(s):

I affirm the denial of your request made by the Freedom of Information Officer.

 

You are entitled to judicial review of any denial pursuant to Section 11 of the Freedom of Information Act.

 

 

 

 

 

 

Director

 

Date