Section 2100.120  Procedures for Providing Records to Requests

a)         Inspection and Copying Records

1)         The Agency may make available records for personal inspection at the Agency's headquarters office located at 4500 South Sixth Street Road, Room 173, Springfield, 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.

2)         When a person requests a copy of a record maintained in an electronic format, the Agency shall 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 shall 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)

3)         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.

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

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

6)         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.

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

b)         Fees for Records

1)         In accordance with Section 2100.120(c), 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.

2)         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)

3)         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 2100.115(a), 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 Section 2100.120(a), 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.

4)         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 "Treasurer, State of Illinois".

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

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

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

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

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

F)         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

G)        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.

6)         The Agency may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record.  No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record.  The Agency may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with the Agency.  If the Agency imposes a fee pursuant to this subsection (b), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.  The provisions of this subsection (b) apply only to commercial requests.  (Section 6(f) of FOIA)

c)         Reduction and Waiver of Fees

1)         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:

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

B)        Whether the principal purpose of the request is personal or commercial benefit.  For purposes of this subsection (c)(1), "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)

2)         In setting the amount of the waiver or reduction, the Agency will take into consideration the amount of materials requested and the cost of copying them.  (Section 6(c) of FOIA)

3)         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.

4)         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 43 Ill. Reg. 14660, effective December 3, 2019)