reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.646 - Demotion

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition:
1) Demotion is the assignment of an employee
				to a position in a classification having a lower maximum permissible salary
				than the former classification, made for reasons of inability to perform the
				work of the position from which the demotion was made.
2) A Director may initiate demotion of an
				employee by submitting a written statement of reasons for demotion containing
				sufficient facts to show good cause for the demotion. No demotion shall become
				effective without the prior approval of the Auditor General.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.654 - Voluntary Reduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Voluntary
				Reduction of Certified and Probationary Employees: Certified and probationary
				employees may voluntarily request or accept assignment to a vacant position in
				the same organizational unit and location in a classification having a lower
				maximum permissible salary. All requests for or acceptances of voluntary
				reductions shall be in writing and signed by the employee and be directed to
				the Director of the organizational unit in which the vacancy exists. No
				reduction shall become effective without the written approval of the Auditor
				General. A certified employee who is assigned and accepts a voluntary reduction
				shall be certified in the lower classification without serving a probationary
				period.
b) Certified employees who
				are subject to indeterminate layoff shall be advised of the opportunity to
				request a voluntary reduction to a current vacant position in the same
				organizational unit and location. Requests for voluntary reduction must be in
				writing and received prior to the proposed effective date of layoff.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.658 - Resignation and Reinstatement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Resignation: An employee who voluntarily leaves his or her position of
				employment with the Office shall, except in emergency circumstances approved by
				the Auditor General, give advance notice of intent not less than ten (10)
				working days before the effective date of the resignation. Once an employee
				submits a resignation, the resignation shall not be revoked unless the
				revocation is requested by the employee and the revocation is approved by the
				agency head. Resignation in good standing means that the employee gave the
				required notice, or that emergency circumstances justified failure to do so,
				and that the employee's conduct and work performance were satisfactory at the
				effective date thereof.
b)
				Reinstatement: On request of a Director, the Auditor General may, in his
				discretion, reinstate an employee who was formerly certified and who resigned
				or was terminated in good standing or whose position was reallocated downward
				or who was laterally transferred or subject to indeterminate layoff.
				Reinstatement may be to a position in the classification to which the employee
				was assigned prior to resignation, termination, downward allocation, lateral
				transfer, or layoff or to an equivalent or lower position in a related
				classification. A reinstated employee shall serve a four (4) month probationary
				period in the position to which reinstated.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.662 - Employee Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) Standards of
				Conduct
Employees of the Office shall obey the rules of conduct of
				  the Office and shall be aware that the absence of a specific published rule of
				  conduct covering an act tending to discredit an employee, the Office or the
				  State of Illinois does not mean the act is condoned or permissible or would not
				  call for, and result in, disciplinary action.
b) Conflicts of Interest
1) General Provisions
No employee shall violate any law, rule, regulation, policy
				  or standard concerning conflicts of interest, nor shall any employee engage in
				  any conduct in which the employee's private interests or involvements are, or
				  may reasonably be construed to be, in conflict with or detrimental to the
				  objective performance of his or her official duties and
				  responsibilities.
2)
				Disclosure Statement to the Auditor General
A) The purpose of the Disclosure Statement
				required by this subsection (b)(2) is to aid the Auditor General in maintaining
				the objectivity and impartiality of the conduct of the activities of the Office
				and, when a potential conflict is unavoidable, to provide for the full
				disclosure of the facts and circumstances involved.
B) Disclosure Statements shall be
				confidential. The Auditor General shall designate a custodian who shall be
				responsible for the safekeeping of Disclosure Statements. The Auditor General,
				a Deputy Auditor General, the custodian, and others designated by the Auditor
				General on an as-needed basis may review Disclosure Statements.
C) Each employee shall file with the
				custodian a Disclosure Statement indicating involvements or relationships that
				could affect the employee's performance of his or her official
				duties.
D) Employees shall file
				their Disclosure Statements with the custodian immediately upon employment and
				shall refile their Statements by May 1 annually. Employees shall be under a
				continuing duty to advise the custodian promptly, in writing, of any change
				that would affect an answer given on their current Disclosure Statements or
				that might affect the objective or efficient performance of their
				duties.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.666 - Discipline and Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Termination at the Discretion of the Auditor General: Probationary employees
				who have not obtained certified status in the Office and Executive Employees
				may be terminated at any time, without notice, cause or any right to a hearing,
				at the discretion of the Auditor General. Probationary employees who have not
				obtained certified status in the Office and Executive Employees do not have any
				right to progressive corrective discipline procedures, as set forth in this
				Section.
b) Progressive Corrective
				Discipline
1) Unless grounds clearly are
				present warranting immediate discharge or suspension pending decision on
				discharge, employees shall be subject to corrective discipline progressively
				applied utilizing counseling, warnings, and/or suspensions, as the facts and
				circumstances dictate, prior to discharge. If an employee's work or
				work-related conduct remains unacceptable after the application of progressive
				corrective discipline, the employee may be discharged in accordance with the
				appropriate rules below. This subsection does not apply to employees subject to
				subsection (a), above.
2) Grounds
				warranting immediate discharge or suspension pending decision on discharge
				shall include, but are not limited to, any violation of the Illinois State
				Auditing Act or any other law or rule governing the employee's conduct or
				duties as an employee of State government, this Subpart, any other rule or
				regulation of the Office or policies promulgated pursuant thereto, or
				misrepresentation of education, experience or professional
				qualifications.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.670 - Grievance Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Grievance: Any certified employee, unless otherwise excepted by this Subpart,
				may grieve as to the application of this Subpart or any policy arising
				hereunder as to the impact of that application upon his or her employment
				condition or his or her status.
b)
				Grievance Procedure - Limitation: The rules of the Office and the official
				policy arising thereunder are not grievable matters. The following are not
				subject to the grievance process: the discipline, demotion or discharge of
				Executive Employees and probationary employees who have not obtained certified
				status in the Office; the demotion of a certified employee from a position in
				which he or she is serving a probationary period; layoff; the appointment,
				removal or reinstatement to State Auditor status; and intra-agency
				transfers.
c) Grievance Procedure -
				Abandonment - Extension:
1) Failure of either
				party to comply with the form or time requirements of the grievance procedure
				shall resolve the matter in favor of the other. The parties may mutually extend
				the time limits in writing at any level of the procedure. However, whenever the
				last day of a specified time requirement falls on a day on which the Office is
				closed for regular business, that time requirement shall automatically be
				extended to the next day on which the Office is open for regular
				business.
2) An employee's failure
				to submit a grievance, or to submit or appeal it to the next level of this
				procedure within specified time limits, shall mean that the employee has
				withdrawn the grievance or, if the employee so indicates, accepted the last
				answer given in the grievance procedure.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.678 - Vacation Leave

Current through Register Vol. 48, No. 28, July 12, 2024
a) Accrual
1) Full-time employees shall earn vacation
				leave, accrued daily on a pro-rated basis, in accordance with the following
				schedule:
A) From the date of hire until the
				completion of 5 years of continuous service: 10 days annually.
B) From the completion of 5 years of
				continuous service until the completion of 9 years of continuous service: 15
				days annually.
C) From the
				completion of 9 years of continuous service until the completion of 14 years of
				continuous service: 17 days annually.
D) From the completion of 14 years of
				continuous service until the completion of 19 years of continuous service: 20
				days annually.
E) From the
				completion of 19 years of continuous service until the completion of 25 years
				of continuous service: 22 days annually.
F) From the completion of 25 years of
				continuous service: 25 days annually.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.680 - Repayment of Benefit Time

Current through Register Vol. 48, No. 28, July 12, 2024
An employee who returns to employment in any capacity at the
				  Office within 30 days after termination of previous employment must, as a
				  condition of employment, repay any lump sum amount paid for accrued vacation,
				  overtime and sick leave within 30 days after employment commences. The amount
				  repaid shall be deposited into the fund from which the payment was made or the
				  General Revenue Fund. Upon repayment, the leave time shall be credited to the
				  account of the employee.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.682 - Leave for Personal Business

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Accrual: Full-time employees shall be permitted twenty-one (21) hours of leave
				for personal business each calendar year with pay. Full-time employees who
				enter service with the Office during any calendar year shall be given credit
				for personal leave at the rate of three and one-half (31/2) hours for each two
				(2) months of service for the calendar year in which hired. Permanent part-time
				employees working nineteen (19) or more hours per week shall earn personal
				business leave on a pro-rated basis determined by a fraction the numerator of
				which shall be the hours worked by the employee and the denominator of which
				shall be normal working hours in the year required by the position. Beginning
				with calendar year 2005, in the event an employee does not use sick leave in
				any calendar year, the employee shall be awarded one (1) additional personal
				day on January 1 of the next calendar year. A permanent part-time employee who
				works at least 19 hours per week shall be awarded pro-rated additional personal
				leave on January 1 when the employee has not used sick leave during the
				previous calendar year. A calendar year for purposes of this provision is the
				period beginning January 1 and ending December 31 of each year.
b) Personal business leave may be used for
				occurrences or observance of religious holidays, absence due to severe weather
				conditions, or for other similar personal reasons but shall not be used to
				extend a holiday, vacation or other leave without prior written approval.
				Personal business leave may be used by employees in half-hour increments.
				Except for those emergency situations which preclude the making of prior
				arrangements, personal business leave shall be scheduled sufficiently in
				advance to be consistent with the Office's operating needs.
c) Carry Over: Personal business leave shall
				not accumulate or carry over from year to year. If the services of an employee
				in State service are terminated by reason of his or her retirement, disability
				or death, the employee, or the employee's estate, as the case may be, shall be
				paid a lump sum, for the number of days for leave for personal business which
				the employee had accumulated but not used as of the date the employee's
				services were terminated, in an amount equal to 1/2 of the employee's pay per
				working day times the number of personal leave days so accumulated and not
				used. The accrued leave amount paid under this subsection shall be certified in
				writing to the employee by the Office. This certification shall be held by the
				employee or forwarded to the Retirement System.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.690 - Holidays

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authorized
				Holidays: All full-time employees shall have time off, with full salary
				payment, for any days established by State or federal law for the observance of
				holidays and any other holidays or non-working days declared by the Auditor
				General. Permanent part-time employees working nineteen (19) or more hours per
				week shall earn holiday pay on a pro-rated basis determined by a fraction the
				numerator of which shall be the hours worked by the employee and the
				denominator of which shall be normal working hours in the year required by the
				position.
b) Holiday Observance:
				Where employees are scheduled and required to work on a holiday, equivalent
				time off will be granted within the following twelve month period at a time
				convenient to the employee and consistent with the Office's operating
				needs.
c) Holiday During Vacation:
				When a holiday falls on an employee's regularly scheduled work day during the
				employee's vacation period, an extra day shall be added to the employee's
				accumulated vacation days.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.694 - Overtime

Current through Register Vol. 48, No. 28, July 12, 2024
a) Overtime: For
				those positions approved by the Auditor General and designated on lists
				maintained by the Auditor General, authorized work in excess of the scheduled
				work week as established by the Auditor General shall be overtime. Overtime may
				be compensated in cash or compensatory time.
b) Compensatory Time: An employee's overtime
				accumulation shall be liquidated by the utilization of compensatory time off,
				when such utilization is practical. Such compensation shall be made at a
				straight-time rate for work in excess of the scheduled work week but less than
				a forty (40) hour work week. Work in excess of a forty (40) hour week shall be
				compensated at time and one-half.
c) Compensatory Time Schedule: Compensatory
				time shall be scheduled at the employee's preference except in those
				circumstances where such absence would be harmful to the operation of his or
				her work unit.
d) Overtime
				Compensation in Cash: Whenever it is not practical to liquidate an employee's
				overtime with compensatory time off, the employee shall be reimbursed in cash.
				Such payment shall be made at a straight-time rate for work in excess of the
				scheduled work week but less than a forty (40) hour work week. Work in excess
				of a forty (40) hour work week shall be paid at time and one-half.
e) Overtime -- Accumulation: All employee
				overtime compensation shall be liquidated within forty-five (45) calendar days
				of its accumulation.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.698 - Interpretation and Application of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Auditor General shall determine the proper interpretation
				  and application of each Rule. The decision of the Auditor General as to the
				  proper interpretation or application of any rule shall be final and binding
				  upon all affected employees unless modified or reversed by the Grievance Review
				  Committee, the courts or an administrative tribunal.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.699 - Savings Clause

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section or part of any Section of this Part shall be
				  held invalid, the remaining provisions of the Part shall have and be given full
				  force and effect as completely as if the invalidated part had not been included
				  therein.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart A - INTRODUCTION › Section 601.100 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) These rules
				are established to implement the provisions of The Freedom of Information Act
				(Ill. Rev. Stat. 1991, ch. 116, pars. 201 et seq.) [5 ILCS
				140/1 et seq.]. The purpose of these rules is to
				support the policy of providing public access to the public records in the
				possession of the Office of the Auditor General while, at the same time,
				protecting legitimate privacy interests and maintaining administrative
				efficiency. To this end, the Auditor General's Regulation on Maintenance of
				Information, 74 Ill. Adm. Code 420: Subpart G, is incorporated herein by
				reference.
b) These rules create a
				procedure by which the public may request and obtain public records. Therefore,
				they are being filed as internal rules in accordance with Section 5-15 of the
				Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par.
				1005-15) [5 ILCS 100/5-15
				].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart A - INTRODUCTION › Section 601.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms used in this Part shall have the same meaning as in the
				  Freedom of Information Act.
"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.
"OAG" means Office of the Auditor General.
"Requester" means a person who submits a request for public
				  records in accordance with this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 601.200 - Person to Whom Requests are Submitted

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for public records shall be submitted to the Freedom
				  of Information Officer of the Office of the Auditor General. Requests for
				  public records may be submitted by mail, e-mail, hand delivery or facsimile,
				  directed to the FOI Officer, as follows:
FOI Officer
Office of the Auditor General
Iles Park Plaza
740 East Ash
Springfield, Illinois 62703-3154
(217)782-6046 (phone)
(888)261-2887 (TTY)
(217)785-8222 (facsimile)
oag.auditor@illinois.gov
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 601.210 - Form and Content of Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests must be made in accordance with FOIA.
b) The requester shall provide the following
				information in a request for public records:
1) A description of the public records
				sought, being as specific as possible;
2) Whether the request is for inspection of
				public records, copies of public records, or both; and
3) Whether the public record is being
				obtained for a commercial purpose.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart C - PROCEDURES FOR RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 601.300 - Time for Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) OAG shall
				respond to a written request for public records within five business days after
				the receipt of the request.
b) OAG
				may give notice of an extension of time to respond not exceeding an additional
				five business days. An extension is allowable if written notice is provided
				within the original time limit for the reasons provided in Section 3(e) of
				FOIA. The notice of extension shall state the reasons why the extension is
				necessary and the date by which the response will be forthcoming.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart C - PROCEDURES FOR RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 601.310 - Types of Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				approval of a request for public records, OAG may either make available the
				materials, give notice that the material shall be made available upon payment
				of allowable costs, or give notice of the time and place for inspection of
				records.
b) A denial of a request
				for public records shall be made in writing. It shall state the reasons for the
				denial, including a detailed factual basis for the application of any exemption
				claimed, and the names and titles or positions of individuals responsible for
				the decision. It shall also give notice of the requester's right to review by
				the Public Access Counselor established in the Office of the Attorney General
				and the requester's right to judicial review under Section 11 of
				FOIA.
c) Failure to respond to a
				written request within five business days after receipt will be considered by
				the requester a denial of the request.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Section 601.500 - Inspection of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				inspection of records shall normally occur at the office of the Freedom of
				Information Officer during usual working hours (8:30-4:30 M-F). Either OAG or
				the requester may request that inspection take place in another location, but
				OAG may deny a requester's request if inconvenient to the production of
				records.
b) Documents the requester
				wishes to have copied shall be segregated during the course of the inspection.
				Generally, all copying shall be done by employees of the Office of the Auditor
				General.
c) An OAG employee may be
				present throughout the inspection. A requester may be prohibited from bringing
				bags, brief cases or other containers into the inspection room.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Section 601.510 - Copies of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Copies of public records not exempt from disclosure under FOIA will be provided
				unless the requester makes arrangements to personally inspect the public
				records as provided in Section
				601.500.
				The first 50 pages are provided free of charge. The OAG reserves the right to
				charge fees to reimburse its actual cost for reproducing public records
				exceeding 50 pages, as allowed by FOIA.
b) If the OAG incurs extraordinary shipping
				expenses for sending copies of public records to the requester, the OAG
				reserves the right to seek reimbursement of those actual shipping expenses from
				the requester.
c) Charges may be
				waived or reduced in any case in which the FOI Officer determines that the
				waiver serves the public interest.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 601 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Section 601.520 - Materials Immediately Available

Current through Register Vol. 48, No. 28, July 12, 2024
Detailed information about the OAG is publicly and
				  immediately available at the OAG web site:
www.auditor.illinois.gov
. The OAG
				  web site provides a description of the OAG's mission and responsibilities,
				  organizational structure, categories of public records, and the process for
				  obtaining public records. Public records immediately available on the web site
				  include audit reports issued by the OAG, the OAG's quarterly and annual
				  reports, audit advisories, and Legislative Travel Control Board meeting minutes
				  and policies.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the State Officials and Employees Ethics Act [5
				ILCS 430 ].
"Employee" means any person employed full-time, part-time, or
				pursuant to a contract and whose employment duties are subject to the direction
				and control of an employer with regard to the material details of how the work
				is to be performed, or any appointee, other than the Inspector General
				appointed by the Auditor General pursuant to Section 30-5 of the Act.
"Ethics Officer" means the person appointed by the Auditor
				General pursuant to Section 30-10 of the Act who shall act as liaison to the
				Inspector General.
"Inspector General" means the person appointed by the Auditor
				General pursuant to Article 30 of the Act.
"Ultimate jurisdictional authority" means, for employees of the
				Auditor General, the Auditor General.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.10 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) The jurisdiction
			 of the Inspector General is to investigate allegations of fraud, waste, abuse,
			 mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations
			 of the Act or violations of other related laws or rules involving employees of
			 the Office of the Auditor General.
b) The Inspector General will decline to
			 investigate the following types of complaints:
1) complaints relating to conduct the most
			 recent act of which occurred more than a year before the complaint is filed,
			 except when there is reasonable cause to believe that fraudulent concealment
			 has occurred. To constitute fraudulent concealment sufficient to toll this
			 limitations period, there must be an affirmative act or representation
			 calculated to prevent discovery of the fact that a violation has
			 occurred;
2) complaints involving
			 vendors of the Office of the Auditor General, unless the complaint also
			 specifically alleges improper conduct by an employee of the Office of the
			 Auditor General relating to that vendor;
3) anything that has been fully adjudicated
			 (administratively or in a court) or is pending before an agency or pending in
			 civil or criminal court; and
4)
			 disagreements of legal interpretations relating to or arising out of the audit
			 and examination process or decisions by the Office of the Auditor General
			 relating to audits or examinations.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.20 - Referral to the Appropriate Entity

Current through Register Vol. 48, No. 28, July 12, 2024
If the Inspector General receives a complaint form or other
				information that alleges misconduct of an officer or employee outside his or
				her jurisdiction, and referral to another agency is agreed to in writing by the
				person filing the complaint, then the Inspector General shall forward the
				complaint form or information to the appropriate Inspector General, appropriate
				ethics commission or other appropriate body and shall keep a record of this
				referral and its recipients.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.25 - Referral to Law Enforcement Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
When it appears that a case may warrant criminal investigation,
				the Inspector General may immediately refer the allegation to an appropriate
				federal, State or local law enforcement agency or State Attorney General. Cases
				eligible for immediate referral for criminal investigation include complaints
				alleging criminal violations of the health or safety of an individual or the
				public.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.30 - Opening an Investigative File

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 An investigative file shall be opened upon receipt of a complaint form meeting
			 the requirements of this Part. Multiple complaint forms that relate to the same
			 alleged acts of misconduct may be consolidated for purposes of investigation.
			 In the absence of a completed complaint form, the Inspector General may create
			 an investigation file and assign the file a unique tracking number if, upon
			 information received, the Inspector General reasonably believes that misconduct
			 may have occurred within the Inspector General's jurisdiction.
b) The investigation file shall contain the
			 complaint form or, if none, so much of the information that would normally
			 appear on the complaint form as is known to the Inspector General at the
			 inception of the matter.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.40 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investigations
			 shall commence upon the opening of an investigation file.
b) The Inspector General shall have the
			 discretion to determine whether reasonable cause exists to warrant the opening
			 of an investigative file and to determine the appropriate means of
			 investigation as permitted by law. All investigations will be conducted in a
			 professional and thorough manner. Investigations will be properly documented
			 and will be submitted in written reports of findings. Proper documentation of
			 an investigation shall include, at a minimum, a description of the alleged
			 misconduct or offense; the events and circumstances surrounding the allegation,
			 including the results of interviews, review of documents and records, and other
			 material information revealed during the investigation; and a recommendation
			 concerning the merits of the allegation.
c) The Inspector General will utilize methods
			 for investigative interviews consistent with current practices and techniques
			 and will observe and comply with all laws and agreements related to the
			 questioning of employees or other individuals.
d) When the Inspector General concludes that
			 there is insufficient evidence that a violation has occurred, the Inspector
			 General shall close the investigation. At the request of the subject of the
			 investigation, the Inspector General shall provide a written statement to the
			 subject of the investigation of the Inspector General's decision to close the
			 investigation. Closure by the Inspector General does not bar the Inspector
			 General from resuming the investigation if circumstances warrant.
e) Monthly Reports
1) The Inspector General shall monthly submit
			 reports to the Auditor General indicating:
A)
			 the number of allegations received since the date of the last report;
B) the number of investigations initiated
			 since the date of the last report;
C) the number of investigations concluded
			 since the date of the last report;
D) the number of investigations pending as of
			 the reporting date;
E) the number
			 of complaints referred to the Attorney General since the date of the last
			 report; and
F) the number of
			 allegations referred to any law enforcement agency since the date of the last
			 report.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.50 - Summary Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Inspector General, upon conclusion of an investigation, determines that
			 reasonable cause exists to believe that a violation has occurred, then the
			 Inspector General shall issue a summary report of the investigation. The report
			 shall be delivered to the Auditor General, as ultimate jurisdictional
			 authority.
b) The summary report of
			 the investigation shall include the following:
1) A description of any allegations or other
			 information received by the Inspector General pertinent to the
			 investigation.
2) A description of
			 any alleged misconduct discovered in the course of the investigation.
3) Recommendations for any corrective or
			 disciplinary action to be taken in response to any alleged misconduct described
			 in the report, including but not limited to discharge.
4) Other information the Inspector General
			 deems relevant to the investigation or resulting recommendations.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.60 - Cooperation in Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is
			 the duty of every employee under the jurisdiction of the Inspector General to
			 cooperate with the Inspector General in any investigation undertaken pursuant
			 to the Act. Failure to cooperate with an investigation of the Inspector General
			 is grounds for disciplinary action, including dismissal. Failure to cooperate
			 includes, but is not limited to, intentional omissions and knowing false
			 statements. Nothing in this provision limits or alters a person's existing
			 rights or protections under State or federal law.
b) Any employee who is the subject of an
			 investigation who, according to present evidence or allegations, faces
			 potential discipline shall be notified by the Inspector General of whether the
			 interview is criminal or administrative in nature and of the right to the
			 presence of a representative or co-worker uninvolved in the investigation or
			 the representation of a private attorney during any interview. The interview
			 subject shall sign a written acknowledgement of his or her understanding of
			 these rights on a form prescribed by the Inspector General. If, at any point,
			 an interview subject indicates that he or she wants the presence of a person
			 authorized by this subsection (b), the interview shall be suspended and a new
			 date and time set. Evidence obtained directly or indirectly in violation of
			 this subsection (b) shall not be admissible in any proceeding.
c) Interviews shall not be audiotaped or
			 otherwise recorded without the written consent of the employee. The written
			 consent shall indicate that the interview subject is not required to consent to
			 the audio recording and his or her refusal to consent to the audio recording
			 does not constitute failure to cooperate with the investigation. The written
			 consent and audiotapes shall be preserved, unedited, in the investigation
			 file.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 605 - INSPECTOR GENERAL COMPLAINT POLICIES AND PROCEDURES › Section 605.70 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) The identity of
			 any individual providing information or reporting any possible or alleged
			 misconduct to the Inspector General shall be kept confidential and may be
			 disclosed only on an as-needed basis, including for referrals to other
			 Inspectors General, the Attorney General or appropriate law enforcement
			 agencies, or with the consent of the individual or as otherwise required by
			 law. The confidentiality granted by this subsection (a) does not preclude the
			 disclosure of the identity of a person in any capacity other than as the source
			 of an allegation.
b) Except as
			 otherwise provided in Section
			 605.50 for summary
			 reports, any allegations and related documents submitted to the Inspector
			 General and the Inspector General's files and reports are exempt from the
			 provisions of the Freedom of Information Act [5 ILCS 140 ] and are
			 confidential, except as necessary for referral to and possible action by:
1) law enforcement agencies, prosecutorial
			 authorities, other Inspectors General or other parties as permitted by this
			 Part; and
2) the Auditor
			 General.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.12 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules are established to implement the provisions of
				  the Freedom of Information Act [5 ILCS 140 ] within the Office of the
				  Comptroller. The purpose of these rules is to support the policy of providing
				  public access to public records in the custody of the Comptroller while
				  protecting legitimate interests in privacy and confidentiality and maintaining
				  the efficient operation of the Office of the Comptroller.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.13 - Freedom of Information Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be appointed one Freedom of
				Information Officer and one Assistant Freedom of Information Officer. The
				Freedom of Information Officer shall be based in either the Chicago or
				Springfield office. The Assistant Freedom of Information Officer shall be based
				in either the Chicago or Springfield office.
b) The Freedom of Information Officer shall
				be responsible for insuring compliance with the provisions of FOIA. It shall be
				the duty of the Freedom of Information Officer to receive, process, and respond
				to requests for public records made pursuant to the provisions of FOIA. It
				shall be the duty of the Assistant Freedom of Information Officer to submit to
				the Freedom of Information Officer all requests for public records received by
				the Assistant.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms used in these rules shall have the same meaning as in
				  the Freedom of Information Act, (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars.
				  201 et seq.).
"FOIA" means the Freedom of Information Act.
"Freedom of Information Officer" means the individual
				  responsible for receiving and responding to requests for public records.
"Requester" means a person who submits a request for public
				  records in accordance with these rules.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.25 - Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests for public records in the custody of the Comptroller shall be
				submitted to the Freedom of Information Officer or the Assistant Freedom of
				Information Officer. Requests for public records may be in writing or made
				verbally. Verbal requests not reduced to writing will be processed as quickly
				as is feasible. However, the required response times and appeal procedures
				contained in FOIA and this Part do not apply to unwritten requests.
b) All requests for public records should be
				sufficiently specific to enable the Freedom of Information Officer to locate
				them without being unduly burdensome or disruptive to the Office of the
				Comptroller. Where possible, specific information regarding names, dates,
				voucher number, warrant number, vendor number, file designations and other
				information which would help identify the records should be supplied. If a
				request does not reasonably describe the records sought, the requester will be
				given an opportunity to confer with office personnel to reformulate the
				request.
c) All requests for public
				records must include the requester's full name, address and telephone number
				and shall state whether the request is for inspection of public records, copies
				of public records, or both.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.35 - Responses to Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Freedom of Information Officer will
				respond to a written request for public records within 7 working days after the
				receipt of such request.
b) The
				Freedom of Information Officer shall respond to a written request for public
				records by taking one or more of the following actions:
1) Approval of the request;
2) Approve in part and deny in
				part;
3) Provide notification that
				an extension of 7 working days will be required, giving reasons why the
				extension is necessary; or
4) Deny
				the request.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.45 - Appeal of a Denial of a Request for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) A requester whose request has been denied
				by the Freedom of Information Officer may appeal the denial to the Comptroller.
				The notice of appeal shall be made in writing and sent to:
State Comptroller
201 State House
Springfield, Illinois 62706
ATTN: FOIA Appeal
b) The Notice of Appeal shall include a copy
				of the original request, a copy of the denial received by the requester, and a
				statement of the reasons why the appeal should be granted.
c) The Comptroller will respond to an appeal
				within 7 working days after receiving notice thereof. The Comptroller shall
				respond to the appeal by taking the appropriate action(s) specified in Section
				625.35(b).
d) The Comptroller in any letter affirming a
				denial shall include an explanation of the requester's right to judicial review
				of the Comptroller's decision. Failure to respond within 7 working days may be
				considered to be an affirmation of denial.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart A - PUBLIC INFORMATION › Section 625.55 - Inspection and/or Copying of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) All public records in the custody of the
				Office of the Comptroller, which are subject to inspection pursuant to FOIA,
				will be made available for inspection during normal hours at the office where
				those records are maintained. Inspection of public records shall be made under
				the supervision of the Freedom of Information Officer or his or her
				designee.
b) Upon inspection, the
				requestor may segregate those records that he or she wishes to have copied.
				Whenever copies of public records are requested, those copies shall be made by
				the Freedom of Information Officer or his or her designee.
c) Copies shall be provided to the requestor
				only upon payment of any copying fees that are due. Unless waived as provided
				in subsection (d) of this Section, fees for copies of public records shall be
				imposed as follows:
Paper - 35 per page when the page to be copied does not
				  exceed legal size; and $1.00 per page when the page to be copied exceeds legal
				  size.
Magnetic tape - $25 base charge for each request; $2 per
				  1,000 records produced, or any part thereof; and $30 for each magnetic tape
				  reel we furnish.
Personal Computer Diskette - $25 base charge for each
				  request; $2 per 1,000 records produced, or any part thereof; and $1 for each
				  diskette we provide.
Special Programming Requests - $105 per hour, if special
				  programming is required to produce the report.
d) Payment of fees shall be waived if the
				requestor is a State agency, a constitutional officer, or a member of the
				General Assembly. Fees may be waived whenever the Freedom of Information
				Officer determines that waiver of the fee serves the public interest.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart B - RULEMAKING › Section 625.110 - Presentation to the Chief of Staff

Current through Register Vol. 48, No. 28, July 12, 2024
Proposed rules, amendments to rules or repealers shall be
				  prepared by interested personnel in the Office of the Comptroller and submitted
				  to their Department Head. The Department Head may return the rules to the
				  person submitting them with any recommendations for change he deems advisable
				  or he may present them for approval to the Chief of Staff or his or her
				  designee.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 625 - ACCESS TO INFORMATION › Subpart B - RULEMAKING › Section 625.120 - Presentation to the Comptroller

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief of Staff shall present to the Comptroller the
				  proposed rule including:
a) the text
				of the proposed rule or the old and new material of proposed amendment or the
				text of the rule to be repealed,
b)
				the specific statutory citation upon which the proposed action is
				based,
c) a description of the
				subjects and the issues involved, including the reasons for the proposed action
				and
d) any recommendations deemed
				advisable by the Chief of Staff.