ADMINISTRATIVE CODE

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XI: ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
PART 1750 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION

SUBPART A: PUBLIC INFORMATION

Section 1750.100 Applicability

Section 1750.110 Public Requests

Section 1750.120 Public Submissions

SUBPART B: RULEMAKING

Section 1750.200 Procedure

Section 1750.210 Public Hearings

SUBPART C: ORGANIZATION

Section 1750.310 Preamble

Section 1750.320 Officers

Section 1750.330 Meetings

Section 1750.340 Committees

Section 1750.350 Authority Staff

Section 1750.360 Amendment of Organizational Rules

Section 1750.370 Unspecified Matters

Section 1750.380 Effective Date

SUBPART A: PUBLIC INFORMATION

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XI: ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
PART 1750 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 1750.100 APPLICABILITY

Section 1750.100 Applicability

This Section applies to any interested persons seeking or submitting information regarding subjects, programs and activities of the Illinois Criminal Justice Information Authority (hereinafter called "the Authority").

Section 1750.110 Public Requests

a) Any interested person should submit a request for information in writing. The request should include a complete description of the information requested and the reason for the request. Requests should be directed to:

Executive Director

Illinois Criminal Justice Information Authority

120 South Riverside Plaza

Chicago, Illinois 60606

b) The Authority shall respond to such requests within seven (7) working days of receipt, whenever possible.

c) When the request for information calls for information which is confidential or is limited or prohibited by law, the requester shall be so notified in writing.

Section 1750.120 Public Submissions

Any interested person may submit comments and recommendations regarding subject, programs and activities of the Authority in writing to:

Executive Director

Illinois Criminal Justice Information Authority

120 South Riverside Plaza

Chicago, Illinois 60606

SUBPART B: RULEMAKING

Section 1750.200 Procedure

a) Rules may be proposed by any member of the Illinois Criminal Justice Information Authority (hereinafter called "the Authority"), or the Executive Director. However, rules shall be issued only by the Authority.

b) Any interested person may petition the Executive Director of the Authority to make, amend or repeal a rule. The Executive Director shall refer all petitions with staff review and recommendations to the Legislation and Regulations Committee of the Authority which shall decide whether or not to recommend for further action.

1) The petition shall be addressed to:

Executive Director

Illinois Criminal Justice Information Authority

120 S. Riverside Plaza

Chicago, Illinois 60606

2) The petition shall contain a clear statement of reasons for the proposed rule, amendment or repeal and the exact language of the suggested new rule or amendment.

c) All rules promulgated by the Authority shall be in accordance with the procedures for issuing proposed rules and for their ultimate adoption in accordance with the Administrative Procedure Act [5 ILCS 100].

d) Rules adopted by the Authority shall be available for public inspection during normal working hours at 120 South Riverside Plaza, Chicago, Illinois.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.210 Public Hearings

a) The Chair or a committee chair may convene public hearings on proposed rulemaking whenever the interest of the State would be best served by such proceedings in order to establish a record of public comment.

b) Formal notice of a public hearing shall be given upon at least ten (10) business days notice in accordance with the Illinois Open Meetings Act [5 ILCS 120]. The notice shall include the date, time and place of the proceedings.

c) Minutes of public hearings shall be recorded and shall be available for public inspection.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

SUBPART C: ORGANIZATION

Section 1750.310 Preamble

The Illinois Criminal Justice Information Authority (hereinafter called the "Authority") shall have the duties and responsibilities set forth in Governor James R. Thompson's Executive Order Number 82-2, dated April 1, 1982 and the Illinois Criminal Justice Information Act [20 ILCS 3930].

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.320 Officers

a) Chair − The Chair shall be an Authority member designated by and serving at the pleasure of the Governor.

b) Vice Chair − The Vice Chair shall be an Authority member designated by and serving at the pleasure of the Chair. Upon disability or unavailability of the Chair, the Vice Chair shall function as the Chair until the Chair again becomes able or available or until the Governor appoints a new Chair.

c) Secretary − The Chair shall appoint the Secretary, who shall serve at his or her pleasure. The Secretary need not be an Authority member, but if he or she is not an Authority member, he or she may not exercise the powers and functions of Authority members. The Secretary shall draft and forward the minutes of each meeting to Authority members prior to the next Authority meeting, at which time they shall be submitted to the Authority for approval. Copies of approved minutes shall be promptly posted on the Authority's website and sent to the Governor's office and anyone who requests them. The Secretary shall also provide for the public notice of regular, rescheduled and special Authority meetings as required by the Illinois Open Meetings Act [5 ILCS 120], and perform such other tasks as the Chair designates.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.330 Meetings

a) Regular Meetings − Regular meetings of the Authority shall be held at least four (4) times per year at the offices of the Authority or at some location to be determined by the Chair when room is unavailable at the offices of the Authority or when necessary parties will be unable to attend unless the meeting is held elsewhere. Meetings and notice for meetings shall be in conformance with the Illinois Open Meetings Act.

b) Special Meetings − Special meetings of the Authority shall be called in conformance with the Illinois Open Meetings Act either by the Chair or by a request signed by at least five of the Authority members. Only matters contained in the agenda shall be voted on at any special meeting. In the event the need for a special meeting no longer exists or the Chair has notice that a quorum will not be reached, the Chair may cancel a special meeting provided that a meeting called at the request of Authority members may be cancelled only with their consent.

c) Quorum − A quorum shall constitute a majority of the Authority members then holding office who are present at the initial roll call at the commencement of any regular or special meeting. If a quorum is not present at the scheduled time of the meeting, the Chair may continue a roll call for a reasonable time after which, if a quorum is still not present, the meeting shall be adjourned.

d) Passage of Motions − After a quorum is announced a majority of those voting on a motion shall be sufficient to pass and make it the official act of the Authority. After a quorum is announced, Authority business may continue to be transacted by the members remaining, provided, however, that no vote may be taken unless at least one third of the members then holding office are still present at the time of the vote.

e) Voting Procedures − The Chair shall have the right to call for a vote by voice vote or by leave to adopt a previous roll call vote, in all cases unless there is an objection by one member, in which case a roll call vote shall be taken. The minutes shall reflect the results of each roll call.

f) Participation in Meetings

1) Proxies − Proxies to vote shall not be permitted. An Authority member must be present to record his or her vote and to present a motion or motions.

2) Written Communication − When unable to attend, Authority members may present signed and dated written communications which shall be distributed or read to Authority members by the Chair. Such written communication shall not be considered proxies, votes or motions. However, a motion or motions may be made by other members concerning the contents of such written communication.

3) Discussion − Discussion and participation in meetings shall be subject to Robert's Rules of Order. Non-Authority members may not address the Authority or otherwise participate in its meetings in any manner without the consent of the Chair. However, if there is an objection by an Authority member to such address there shall be a vote of the Authority upon the matter. The Executive Director and other members of the staff shall have the right to address the Authority and participate in discussion.

4) Disruption − Anyone disrupting or otherwise interfering with the conduct of a meeting shall be removed from the place of meeting by order of the Chair.

g) Agenda − The Chair shall prescribe the agenda for all Authority meetings. Any Authority member may have an item placed on the agenda by notifying the Chair in writing in advance of the mailing of the agenda. Such notification also should include a copy of any written materials that the Authority member wishes distributed to the Authority members. In every agenda, except at special meetings, there shall be a category entitled "New Business" for the initiation of matters not included in the agenda for that meeting. However, new business matters that would adversely affect the rights of any party(ies) may not be finally acted on unless the party(ies) affected has been given prior written notice thereof.

h) Notice − An agenda, together with a notice of the time and place of all regular meetings shall be mailed to Authority members at least ten (10) business days prior to the meeting date. The Chair may postpone or reschedule any regular or special meeting upon at least 24 hours notice--by telephone, mail or equivalent--prior to the scheduled meeting. Notice of the rescheduled meeting date shall be provided at least 48 hours in advance. However, no rescheduled regular or special meeting which is to include public hearings or regulatory or rulemaking proceedings shall be rescheduled without notice being mailed at least ten (10) business days prior to the rescheduled meeting date.

i) Expenses − Authority members shall be entitled to reimbursement for reasonable expenses incurred in connection with their duties.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.340 Committees

a) Committee Structure − The Authority shall have both ad hoc and standing committees.

b) Membership − The Chair shall appoint all committee chairs and vice chairs. Except for the Appeals Committee, standing committees shall consist of at least seven members of the Authority appointed by the Chair. Ad Hoc Committees shall include at least one Authority member, who shall be appointed by the Chair. The Chair may appoint non-Authority members to an Ad Hoc Committee. The members of all committees shall serve at the pleasure of the Chair. The Chair and Vice Chair, ex officio, shall be voting members of all committees.

c) Meetings − Either the Chair or a committee chair may schedule a committee meeting.

d) Quorum − No business may be conducted by a committee unless a majority of the number of committee members, including either the committee chair or vice chair, are present. Members may be present via electronic means, including but not limited to, conference calls and video conferencing. After a quorum is announced, no committee vote may be taken unless at least three (3) committee members are present at the time of the vote.

e) Public Hearings − The Chair or a committee chair may convene public hearings, upon at least ten (10) business days notice, in order to establish a record of public comment on proposed rules, regulations or legislation. The presence of a majority of the number of committee members shall not be required in order to conduct public hearings.

f) Participation − With the consent of a committee chair, representatives of any Authority member, specifically designated to the Chair of the Authority, may participate in any committee meeting for discussion purposes. Members of the Authority who are not committee members shall have the right to participate in committee meetings and shall have the right to vote. The Chair of the Authority may designate any Authority member to become an ad hoc voting member of a committee when necessary to ensure a quorum.

g) Designees − The ex officio members of the Authority may appoint a deputy director, assistant director, or similar senior level staff person as the Authority member's designee to serve as a voting member on any standing committee; however, the Chair or Acting Chair of a committee shall be an Authority member. Such designation shall be in writing to the Chair of the Authority who will inform the appropriate committee chairs. For purposes of these rules, the ex officio members of the Authority are: the Attorney General, the director of the Illinois Department of Corrections, the director of the Illinois Department of State Police, the director of the Office of the State's Attorneys Appellate Prosecutor, the executive director of the Illinois Law Enforcement Training Standards Board, the director of the Office of the State Appellate Defender, the Sheriff of Cook County, the clerk of the circuit court of Cook County, the State's Attorney of Cook County, and the superintendent of the Chicago Police Department..

h) Notice − A committee meeting shall be scheduled upon at least 48 hours notice − by telephone, mail or equivalent − to the committee members. However, notice for any committee meeting involving public hearings or regulatory or rulemaking proceedings must be mailed at least ten (10) business days prior to the meeting date.

i) Oversight of Committees − In order to provide for oversight by the Authority of actions taken by any committee, whether ad hoc or standing, Authority members shall be notified − by phone, mail or equivalent − of all motions passed by a particular committee, within five (5) business days of any committee meeting, or prior to the next meeting of that committee, or before the next meeting of the Authority, whichever is sooner. Within ten (10) business days of receipt of such information, a special meeting of the Authority may be convened upon the request of five (5) Authority members, for the purpose of fully discussing any action taken by a committee and to supersede the authorization granted to the committee to act on the Authority's behalf in any particular matter.

j) Minutes and Reports − Minutes of all committee meetings shall be kept. Copies of minutes shall be furnished to all members of the Authority within 42 days following each committee meeting. Minutes and reports shall be the responsibility of the committee secretary. A committee chair may designate anyone to serve as committee secretary.

k) Rules − Committees shall be governed by these Organizational Rules.

l) Ad Hoc Committees − The Chair may create Ad Hoc Committees. Ad Hoc Committees shall exercise those powers as are delegated to them by the Chair, these Organizational Rules, and as are appropriate to their mission and responsible. Ad Hoc Committee reports and recommendations shall be submitted to the Chair and shall be advisory only.

m) Standing Committees − The Authority shall establish the following standing committees with the powers and duties stated.

1) Budget Committee − The Budget Committee shall:

A) review the budget of the Authority and oversee the Criminal Justice Information Systems Fund;

B) receive fiscal reports about the funds made available to further the purposes of the Illinois Criminal Justice Information Act;

C) oversee the grant award procedures of the Authority; and

D) present testimony and advocate the Authority's budget request before the Governor and General Assembly.

2) Information Systems Committee − The Information Systems Committee shall:

A) review and monitor the development and operation of comprehensive criminal justice information systems in Illinois; and

B) oversee the annual and periodic audits of the state central repositories as provided in the Illinois Criminal Justice Information Act.

C) evaluate programs and make recommendations regarding the proper reporting of automated dispositions to the Department of State Police by state's attorneys and clerks of the circuit courts.

3) Legislation and Regulations Committee − The Legislation and Regulations Committee shall:

A) review legislation and regulations proposed by Authority staff and other agencies which have systemic impact on criminal justice information;

B) provide testimony and make recommendations to the Governor and General Assembly regarding proposed legislation and regulations, as provided in the Illinois Criminal Justice Information Act;

C) study and recommend regulations to ensure the privacy and security of criminal history record information as required by the Illinois Criminal Justice Information Act; and

D) provide testimony and act as an advocate before the Joint Committee on Administrative Rules in favor of those privacy and security and other rules and regulations proposed by the Authority as required by the Illinois Criminal Justice Information Act.

4) Planning and Research Committee − The Planning and Research Committee shall:

A) review the research projects, proposals and programs of the Authority;

B) plan, evaluate and correlate State and local programs as provided in the Illinois Criminal Justice Information Act; and

C) oversee the establishment and operation of an institutional review board to ensure the protection of human research subjects.

5) Appeals Committee − The Appeals Committee shall hear all administrative appeals by individuals challenging the accuracy and completeness of criminal history record information. The Appeals Committee shall consist of three of the Authority's five members of the general public. The Chair of the Authority shall appoint the chair and members of the Appeals Committee. If one or more of the members of the Appeals Committee are unavailable to hear an appeal, then the Chair of the Authority, or in his or her absence the Vice Chair, shall appoint replacement(s) for the unavailable member(s) for the limited purpose of hearing the appeal in question.

n) With the advice and consent of the chair of any standing committee, the Chair of the Authority may create Advisory Committees to a standing committee. The Chair may appoint non-Authority members to an Advisory Committee. The members of an Advisory Committee shall serve at the pleasure of the Chair. Advisory Committees shall exercise those powers as are delegated by the committee chair, these organizational rules and as are appropriate to their mission and responsibilities. Advisory Committee reports and recommendations shall be submitted to the committee chair and shall be advisory only.

(Source: Amended at 26 Ill. Reg. 4182, effective March 7, 2002)

Section 1750.350 Authority Staff

a) Executive Director − The Executive Director shall be appointed by and shall serve at the pleasure of the Governor. The Executive Director shall function as the chief executive officer of the Authority and in that capacity is authorized to bind the Authority in contractual and other matters affecting the general operations and responsibilities of the Authority, as provided in the Illinois Criminal Justice Information Act. The Executive Director shall devote his or her full time to assisting the Authority in performance of its duties and in fulfilling its responsibilities. The Executive Director shall regularly review and from time to time recommend to the Authority appropriate amounts for the establishment of user's fees to be collected from local criminal justice agencies, as provided in the Illinois Criminal Justice Information Act. He or she may also exercise such additional powers as may be delegated to him or her from time to time by the full Authority or its committees.

b) Authority Staff − The Authority Staff shall consist of such administrative, professional, clerical, and other personnel as deemed required by the Executive Director to assist the Authority in performing its duties and fulfilling its responsibilities. The Authority staff shall be organized by the Executive Director as he or she may deem appropriate. Staff members shall be employed by the Executive Director in accordance with the Personnel Code [20 ILCS 415], and will perform duties as requested or directed by him or her.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.360 Amendment of Organizational Rules

These Organizational Rules may be amended at any regular or special meeting by a majority of the members present, provided that the proposed amendment shall have been distributed at least ten (10) business days prior to such meeting.

(Source: Added at 9 Ill. Reg. 17358, effective October 28, 1985)

Section 1750.370 Unspecified Matters

All matters not specified by these Organizational Rules shall be governed by Executive Order Number (82-2), dated April 1, 1982, the Illinois Criminal Justice Information Act [20 ILCS 3930], the Open Meetings Act [5 ILCS 120], the Illinois Administrative Procedure [5 ILCS 100], and the latest edition of Robert's Rules of Order whenever applicable.

(Source: Amended at 24 Ill. Reg. 5650, effective March 20, 2000)

Section 1750.380 Effective Date

The Organizational Rules take effect upon their approval by a majority vote of those Authority members present, and the filing of a copy thereof with the Office of the Secretary of State, and the fulfilling of any other statutory requirements, in accordance with law.

(Source: Added at 9 Ill. Reg. 17358, effective October 28, 1985)