reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.401 - Claims by Submitters that Public Records are Exempt from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) A claim that a
				public record is exempt from public disclosure pursuant to Section
				1828.202
				must be made at the time of submittal of the public record.
b) A claim that a public record is exempt
				from public disclosure must include:
1) A
				claim letter, stating that the public record is exempt from public disclosure
				pursuant to Section 1828.202, identifying all exemptions that apply, and
				briefly describing the public record;
2) A justification for the claim, including:
A) If the public record is a subsequent
				version of a public record previously granted exempt status by the Agency, a
				certified statement indicating:
i) The date
				of submission of the previous public record; and
ii) That the previous justification remains
				applicable to the current submission; or
B) If the submittal is not a subsequent
				version of a public record previously granted exempt status by the Agency, the
				following information:
i) Measures taken by
				the submitter to prevent disclosure of the public record;
ii) The rights of privacy, if any, that might
				be an unwarranted invasion of personal privacy by disclosure of the public
				record;
iii) The competitive value,
				if any, of the public record to the submitter; and
iv) Any other information that will support
				the claim for exemption from disclosure;
3) A copy of the public record, marked in
				accordance with the requirements of subsection (c) of this Section;
				and
4) If the submitter is
				currently a party in a proceeding before the Board or a court in which the
				information is relevant to the issues, the title of the proceeding, docket
				number, and, if applicable, identification of the court.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.402 - Agency Review of Claims of Exemption from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall review a claim that a
				public record is exempt from disclosure when the Agency determines that any of
				the following criteria applies:
1) There is
				reasonable anticipation of requests or an actual request from the public for
				disclosure of the public record;
2)
				To facilitate public participation in proceedings before the Agency where
				notice and comment periods are short relative to the time required for a final
				determination in accordance with the requirements of this Part;
3) There is reasonable doubt that the public
				record is exempt from disclosure and there has been a practice, on the part of
				the submitter of the public record, of indiscriminately claiming that public
				records submitted to the Agency are exempt from disclosure;
4) A specific regulation requires that a
				determination of whether the public record is exempt from disclosure be made at
				the time the public record is submitted to the Agency; or
5) Determination of the validity of the claim
				will facilitate the timely performance of Agency responsibilities.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.403 - Agency Actions Following a Determination that a Public Record is Not Exempt from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Agency determines, in response to a claim of exemption from disclosure, that no
				exemption applies, the Agency shall deny the claim and shall give written
				notice of such denial to the submitter of the public record pursuant to
				subsection (b) of this Section.
b)
				Written notice of the denial of a claim of exemption from disclosure shall be
				by certified mail, return receipt requested, and shall contain the following
				information:
1) The name and title or
				position of the person responsible for the determination;
2) A statement of the Agency's reason for
				denying the claim;
3) A
				notification of the availability of review of the Agency's decision pursuant to
				the procedures prescribed in Section
				1828.405;
				and
4) A notification that the
				Agency will cease protecting the public record or the portion claimed exempt
				from disclosure unless the Agency is served with notice of the filing of a
				petition for review, pursuant to the procedures prescribed in Section 1828.405,
				within 35 days from the date of notice to the submitter.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.404 - Agency Actions Following a Determination that a Public Record is Exempt from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines, in response to a claim of exemption
				  from disclosure, that a public record or any portion thereof is exempt from
				  disclosure, the Agency shall grant the claim and shall give written notice of
				  such granting by first class mail to the submitter of the public
				  record.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.405 - Review of Agency Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) A submitter who is adversely affected, in
				whole or in part, by a determination of the Agency pursuant to this Subpart may
				appeal the denial, within 35 days of the date of the Agency's final
				determination, to the Director of the Agency by filing a notice of
				appeal.
b) The notice of appeal:
1) must be made in writing;
2) must be clearly marked "APPEAL OF CLAIM OF
				EXEMPTION FROM DISCLOSURE"; and
3)
				must include a copy of the denial received by the submitter and a statement of
				the reasons that the claim should be granted on appeal.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart D - PROCEDURES FOR CLAIMING AND DETERMINING THAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE › Section 1828.406 - Agency's Treatment of Public Record Claimed or Determined To Be Exempt from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where any
				public record, or portion thereof, is determined to be exempt from disclosure,
				the Agency shall:
1) Mark the public record
				or portion thereof, or the public record file, accordingly;
2) Segregate the public record or portion
				thereof from public records that are open to public inspection;
3) Keep the public record or portion thereof
				secure from unauthorized access;
4)
				Allow the public access to the claim letter and, if only a portion is exempt,
				to a copy of the public record with the exempt portion deleted; and
5) Limit access to the public record or
				portion thereof to employees and officers who are authorized to review such
				public records.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.501 - Timeline for Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c) below, the Agency will respond to any
				written request for public records within 5 business days after its receipt of
				the request. Failure to comply with a written request, extend the time for
				response, or deny a request within 5 business days after its receipt shall be
				considered a denial of the request. If the Agency fails to respond to a request
				within the requisite periods in this subsection (a) but thereafter provides the
				requester with copies of the requested public records, it may not impose a fee
				for such copies. If the Agency fails to respond to a request received, it may
				not treat the request as unduly burdensome under Section
				1828.502.
				(Section 3(d) of FOIA) A written request from the Agency to provide additional
				information pursuant to Section
				1828.303(f)
				shall be considered a response to the FOIA request.
b) The time limits prescribed in subsection
				(a) of this Section may be extended for not more than 5 business days from the
				original due date for any of the following reasons:
1) The requested records are stored in whole
				or in part at other locations than the office having charge of the requested
				records;
2) The request requires
				the collection of a substantial number of specified records;
3) The request is couched in categorical
				terms and requires an extensive search for the records responsive to
				it;
4) The requested records have
				not been located in the course of routine search and additional efforts are
				being made to locate them;
5) The
				requested records require examination and evaluation by personnel having the
				necessary competence and discretion to determine if they are exempt from
				disclosure under Section 7 or 7.5 of FOIA or should be revealed only with
				appropriate deletions;
6) The
				request for records cannot be complied with by the Agency within the time
				limits prescribed by subsection (a) of this Section without unduly burdening or
				interfering with the operations of the Agency; or
7) There is a need for consultation, which
				shall be conducted with all practicable speed, with another public body or
				among two or more components of a public body having a substantial interest in
				the determination or in the subject matter of the request. (Section 3(e) of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.502 - Requests for Public Records that the Agency Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests calling
				for all records falling within a category shall be complied with unless
				compliance with the request would be unduly burdensome for the Agency and there
				is no way to narrow the request and the burden on the Agency outweighs the
				public interest in the information. Before invoking this exemption, the Agency
				shall extend to the requester an opportunity to confer with it in an attempt to
				reduce the request to manageable proportions. (Section 3(g) of FOIA). The
				amended request must be in writing.
b) If the Agency determines that a request is
				unduly burdensome, it shall do so in writing, specifying the reasons why it
				would be unduly burdensome and the extent to which compliance will so burden
				the operations of the Agency. Such a response shall be treated as a denial of
				the request for information. (Section 3(g) of FOIA)
c) Repeated requests from the same person for
				the same records that are unchanged or identical to records previously provided
				or properly denied under this Part shall be deemed unduly burdensome. (Section
				3(g) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.503 - Requests for Public Records that Require Electronic Retrieval

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request for
				public records that requires electronic retrieval will be treated the same as
				any other request for public records, with the same timeline and extensions as
				set forth in Section
				1828.501.
b) The Agency will retrieve and provide
				electronic public records only in a format and medium that is available to the
				Agency at its headquarters.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.504 - Denials of Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency will deny requests for public
				records when:
1) Compliance with the request
				would be unduly burdensome on the Agency, as determined pursuant to Section
				1828.502,
				and the requester has not reduced the request to manageable
				proportions;
2) The public records
				are exempt from disclosure pursuant to FOIA or Section 7 of the Act;
				or
3) The public records are not
				available for inspection pursuant to 2 Ill. Adm. Code 130 (Identification and
				Protection of Trade Secrets);
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.505 - Requests for Review of Denials - Public Access Counselor

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person whose request to inspect or copy
				a public record is denied by the Agency may file a request for review with the
				Public Access Counselor established in the Office of the Attorney General not
				later than 60 days after the date of the final denial. The request for review
				must be in writing, signed by the requester, and include:
1) a copy of the request for access to
				records; and
2) any responses from
				the Agency. (Section 9.5(a) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.506 - Right to Review in Circuit Court

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to a requester's right to review by the Public
				  Access Counselor, a requester also has a right to file suit for injunctive or
				  declaratory relief in the Circuit Court for Sangamon County or for the county
				  in which the requester resides, in accordance with the procedures set forth in
				  Section 11 of FOIA. However, if the requester files suit in Circuit Court, the
				  requester shall also give notice to the Public Access Counselor, as is required
				  in Section
				  1828.505(l).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart E - AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1828.507 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
A binding opinion issued by the Attorney General shall be
				  considered a final decision of an administrative agency, for purposes of
				  administrative review under the Administrative Review Law [735 ILCS 5 /Art.
				  III]. An action for administrative review of a binding opinion of the Attorney
				  General shall be commenced in Cook or Sangamon County. An advisory opinion
				  issued to the Agency shall not be considered a final decision of the Attorney
				  General for purposes of this Section. (Section 11.5 of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart F - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Section 1828.601 - Inspection of Public Records at the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public records may be made available for
				personal inspection at the Agency's headquarters office located at 1021 North
				Grand Avenue East, Springfield, Illinois or may be provided 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. No original record shall be removed from State-controlled
				premises except under constant supervision of Agency staff.
b) The Agency will provide public records in
				requested formats or media only if the public records are kept in those formats
				or media at Agency headquarters. 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 public 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)
c) A requester may inspect
				public records at the Agency's headquarters 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 AM to 5:00 PM 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.
d)
				In order to maintain routine Agency operations, the requester may be asked to
				leave the inspection area for a specified period of time.
e) The requester will have access only to the
				designated inspection area at the Agency's headquarters.
f) 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.
g) The requester shall segregate and identify
				the documents to be copied during the course of the inspection. The requester
				shall copy the documents at the Agency's headquarters or arrange for the
				copying of the documents at the Agency's headquarters by an outside
				service.
h) Prior to inspecting
				records, the Agency may require the requester to provide a photo identification
				card.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart F - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Section 1828.603 - Reduction and Waiver of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 shall consider
				the following:
1) Whether the principal
				purpose of the request is to disseminate information regarding the health,
				safety and welfare or the legal rights of the general public; and
2) Whether the principal purpose of the
				request is personal or commercial benefit. For purposes of this subsection,
				"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, and welfare or the legal rights of the general
				public (Section 6(c) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1828 - ACCESS TO PUBLIC RECORDS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Subpart F - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS › Appendix A - Fee Schedule for Duplication and Certification of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
TYPE OF DUPLICATION
FEE (PER COPY)
Paper copy from original, up to and including 50
							 copies of black and white, letter or legal sized copies
No charge
Paper copy from original, in excess of 50 copies of
							 black and white, letter or legal sized copies
$.15/page
Paper copy from microfilm original
$.15/page
Microfilm diazo from original
$.50/diazo
VHS video copy
Actual cost of the reproduction
Audio tape copy
Actual cost of the reproduction
CD ROM
Actual cost of the reproduction
Photograph from negative (outside processing
							 only)
Actual cost of the reproduction
Blueprints/oversized prints
Actual cost of the reproduction
Paper copies in color or in a size
other than letter or legal
Actual cost of the reproduction
Certification fee
$1.00/record
Expense for delivery other than by First Class U.S. Mail
					 must be borne by the requester.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1850.10 - Provision of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Summary
				and Purpose
1) This Subpart A implements the
				provisions of the Freedom of Information Act [5 ILCS 140 ]. The purpose of this
				Subpart A is to support the policy of providing public access to the public
				records in the possession of the Illinois Purchased Care Review Board while, at
				the same time, protecting legitimate privacy interests and maintaining
				administrative efficiency.
2) This
				Subpart A creates a procedure by which the public may request and obtain public
				records.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1850.110 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
				shall initiate rulemaking proceedings whenever it identifies the need for a new
				or revised rule, or when a petition for rulemaking is received and favorably
				considered by the Board.
b) The
				Board shall prepare and submit a notice of intended rulemaking for publication
				in the Illinois Register, including the specific statutory citation for the
				rule proposal, an explanation of the subject matter of the proposal and, if the
				opportunity is available, the manner in which interested parties may submit
				views and comments. Forty-five days shall be allowed from the date of
				publication in the Illinois Register for comment by interested parties, except
				for emergency situations as defined by the Illinois Administrative Procedure
				Act. The publication in the Illinois Register will state the time, place and
				manner in which comments may be submitted.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1850.120 - Petitions for Adoption of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may petition the Board for the adoption of a new
				  rule or the amendment or repeal of a rule currently in effect. Petitions shall
				  be in writing and include an explanation and any documentation supporting the
				  petition, and shall identify any relevant organizational affiliations of the
				  petitioner. The petition will be considered at either of the next regularly
				  scheduled meetings of the Board or, at the Board's option, at a special meeting
				  within that time frame. The petitioner will be informed of the date, time and
				  place of the meeting at which the petition will be
				  considered.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1850.210 - Purpose and Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purpose of the Illinois Purchased Care Review Board is to determine what costs
				are allowable for eligible providers of special educational and related
				services and also room and board services, and to provide for the coordination
				of services and financial assistance provided by all State agencies to children
				with disabilities.
b) The Board
				shall consist of the six public officials named in Section 14-7.02 of the
				School Code [105 ILCS
				5/14-7.01 ] and other persons or public officials as
				the Governor may designate from time to time in writing. These designations
				shall be for specified periods and shall be filed with the Board.
c) The public officials named in the School
				Code, or other public officials designated by the Governor as members of the
				Board, may designate individuals to represent them at meetings of the Board,
				provided:
1) the designation is filed with
				the Board in writing on or before its effective date, and
2) the individual designee has authority to
				speak and vote for the individual by whom designated.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Appendix B - Fee Schedule for Duplication of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Type of
							 Duplication
Fee
Paper copy from paper or electronic source, 50 pages
							 or fewer
No charge.
Paper copy from paper or electronic source, 51 pages
							 or more
$.15 per page, except that no charge will be assessed
							 if the total cost is less than $7.50.
Diskette or CD-ROM
No charge.
Copy of audio or video material
The cost of tape, disk, etc.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1875.10 - Public Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				interested person should submit a request for information in writing. The
				request should include a complete description of the information requested, the
				reason for the request and, when applicable, timing requirements. A request
				should be directed to:
Office of the Director
Guardianship and Advocacy Commission
160 North LaSalle, Suite S-500
Chicago, Illinois 60601
b) When confidential information is
				requested, or whenever release of information is limited or prohibited by
				statute or by any provision of 20 Ill. Adm. Code 1, the requestor shall be
				notified in writing.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1875.20 - Public Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
Any interested person may submit comments and recommendations
				  regarding subjects, programs and activities of the Commission in writing
				  to:
Office of the Director
Illinois Guardianship and Advocacy Commission
State of Illinois Building
160 North LaSalle Street, S-500
Chicago, Illinois 60601
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1875.30 - General Materials Available from the Guardianship and Advocacy Commission

Current through Register Vol. 48, No. 28, July 12, 2024
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;
c) A list of types and categories of public
				records maintained by the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1875.40 - Fee Schedule for Copies of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) When Charged
The Guardianship and Advocacy Commission shall charge fees
				  according to the schedule provided below to reimburse its actual cost for
				  reproducing and certifying public records and for the use, by any person, of
				  the equipment of the Commission to copy records. The authority to charge
				  reasonably calculated fees for Freedom of Information requests derives from the
				  Freedom of Information Act [5 ILCS
				  140/6 ].
b) Copies
1) Original Documents
A) 81/2 x 11, one side, 10 cents per
				copy
B) 81/2 x 14, one side, 10
				cents per copy
C) 81/2 x 11, two
				sides, 20 cents per copy
D) 81/2 x
				14, two sides, 20 cents per copy
E)
				Oversize or undersize materials that do not fit in the document handler - 20
				cents per copy
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1875.100 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Rules governing the Commission and its divisions are
				  proposed, adopted, or repealed pursuant to the Illinois Administrative
				  Procedure Act.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.210 - Commission Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission shall maintain operating divisions designated by the Director which
				shall include:
1) The Legal Advocacy
				Service;
2) The regional Human
				Rights Authorities; and
3) The
				Office of State Guardian.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.220 - Commission Membership, Terms of Office, and Vacancies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall consist of eleven
				(11) members, one of which shall be at least 60 years of age, appointed by the
				Governor with the advice and consent of the Senate.
b) The full terms of the members shall be for
				three (3) years, with each member serving no more than two consecutive full
				terms. A member shall serve for a term ending on June 30th or until a successor
				is appointed and qualified.
c)
				Vacancies are to be filled in the same manner as membership appointments.
				Vacancy appointments occurring before the expiration of a term are for the
				remainder of the unexpired term.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.230 - Officers, Nomination and Elections, Responsibilities, Meetings, Vote, and Quorum

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission shall annually elect a Chairperson and any other officers it deems
				necessary. Other officers shall include a Vice Chairperson, a Secretary and a
				Treasurer.
b) Candidates for
				officers shall be nominated by a Nominating Committee consisting of at least 2
				members of the Commission appointed by the Chairperson prior to the annual
				meeting. Nominations may be by ballot. The officers shall be elected by the
				Commissioners at the annual meeting and hold office for a term of one year or
				until their successors are duly elected and qualified at a special meeting of
				the Commission. Vacancies in any office shall be filled by the
				Commission.
c) The officers shall
				perform the duties of their office and such other duties as may be required by
				this Part.
1) The principle duties of the
				Chairperson of the Commission shall be to:
A)
				Preside at all meetings of the Commission.
B) Appoint all committees and receive
				committee reports.
C) Determine the
				time and place of meetings of the Commission.
D) Perform all other duties incident to the
				office of Chairperson.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.240 - Powers and Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission shall establish policy guidelines for the operation of the Legal
				Advocacy Service, the Human Rights Authority, and the Office of State
				Guardian.
b) The Commission may
				disapprove any action by a regional authority.
c) The Commission shall establish rules and
				regulations for the conduct of the work of the three (3) divisions.
d) The Commission shall review and evaluate
				the operations of the divisions.
e)
				The Commission shall hire a Director to carry out the business of the
				Commission, and shall approve the evaluation of the Director.
f) The Commission shall approve the budget
				and an Annual Report on its operations for submission to the Governor and the
				General Assembly.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.250 - Standing Committees

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				committee recommendations shall be submitted to the Commission for
				action.
b) The Personnel Committee
				shall:
1) Further define the job description
				of the Director, setting policies concerning travel, vacation time and
				responsibilities; and
2) Review and
				evaluate the performance of the Director annually; and
3) Review job descriptions of staff hired by
				the Director at least once in three (3) years; and
4) With the assistance, if required, of other
				Commission members, shall hear complaints from staff members who request a
				review of a decision of the Director.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.260 - Commission Staff

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
				shall hire a full-time director who shall be responsible to the Commission and
				its Chairperson. The Director shall have no vote in Commission deliberations.
				The Director of the Commission shall hire such other staff as may be required
				to conduct its business.
b) A staff
				shall be hired by the Director in compliance with the State of Illinois
				Department of Personnel rules and regulations and fair employment practices.
				Any staff member who desires a hearing regarding a decision of the Director
				which does not seem to be in compliance with State policies or fair employment
				practices may request a hearing by the Personnel Committee.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.270 - Parliamentary Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
Roberts Rules of Order shall be the single authority in
				  determining Commission processes and procedures on any issue not covered in
				  this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1875.280 - Amendment of Rules of Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The rules organization shall be amended
				upon a two thirds (2/3) majority vote of the full Commission at any regular
				constituted meeting of the Commission.
b) Such amendments shall not take effect
				until the proposed changes have been read before the Commission and a period of
				thirty (30) days has elapsed.
c)
				Proposed amendments shall be delivered to the commissioners ten (10) days in
				advance of the Commission meeting.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Appendix B - Organizational Chart: Office of State Guardian - Central/Southern Regions

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Guardianship and Advocacy
				  Commission
Office of State Guardian
Central/Southern Region
Click here to view
				  image
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1875 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Appendix C - Organizational Chart: Office of State Guardian - Legal/Guardianship Estate Representatives

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Guardianship and Advocacy
				  Commission
Office of State Guardian
Legal/Guardianship Estate
				  Representatives
Click here to view
				  image
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1900.10 - Requests for Information

Current through Register Vol. 48, No. 28, July 12, 2024
Information concerning the programs and activities of the
				  Authority may be obtained from the Authority at its office at the address set
				  forth in Section
				  1900.210.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1900.110 - Rule-Making Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority will initiate rule-making procedures in
				  accordance with the Illinois Administrative Procedure Act on its own initiative
				  as necessary in order to further the purposes of the Authority. In addition,
				  the compilation of rules of the Authority will be supplemented or revised as
				  necessary.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1900.120 - Public Petitions for Rule-Making

Current through Register Vol. 48, No. 28, July 12, 2024
Public petitions for rule-making must be submitted in writing
				  to the Executive Director of the Authority at the address set forth in Section
				  1900.210. Such
				  petitions will be reviewed by the Executive Director or his designee and
				  meritorious petitions will be submitted to the Members for their
				  consideration.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.210 - Principal Office

Current through Register Vol. 48, No. 28, July 12, 2024
The principal office of the Authority is located at:
180 North Stetson Avenue
Suite 1100
Chicago, Illinois 60601
The telephone number of the Authority is (312) 861-4445 (TDD
				  (312) 861-4456).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.220 - Governing Body

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority consists of seven Members appointed by the
				  Governor with the consent of the Senate, no more than four of whom may be
				  members of the same political party. Members serve for a seven year term. The
				  term of one Member expires each year.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.230 - Officers

Current through Register Vol. 48, No. 28, July 12, 2024
One of the Members is elected to serve as Chairman at the
				  annual meeting of the Authority. The Chairman presides at all meetings of the
				  Authority and performs other duties as provided in the by-laws of the Authority
				  or by resolution of the Authority. A Vice Chairman acts in the place of the
				  Chairman and performs such other duties as provided in the by-laws or by
				  resolution.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.240 - Administrative Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the supervision of the Members, the affairs of the
				  Authority are managed by the Executive Director. The Executive Director and the
				  Associate Executive Director are appointed by, and serve at the pleasure of,
				  the Members.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.250 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
The annual meeting of the Authority is held in October of
				  each year at a time and place established by the Chairman upon at least ten
				  days notice to each Member. Special meetings may be held at the call of the
				  Chairman or any three Members of the Authority upon at least ten days notice to
				  each Member. A quorum consists of four Members of the Authority. Meetings of
				  the Members of the Authority are open to the public in accordance with the Open
				  Meetings Act [5 ILCS 120/1 et seq.], as
				  amended from time to time.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.260 - Fiscal Year

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority operates on a fiscal year beginning on July 1
				  of each year and ending June 30 of the next succeeding year.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1900.270 - Authority Action

Current through Register Vol. 48, No. 28, July 12, 2024
Any action taken by the Authority under the Illinois Health
				  Facilities Authority Act, as amended, [20 ILCS 3705/1 et seq.], may be
				  authorized by resolution at any annual or special meeting. The affirmative vote
				  of at least four of the Members is necessary for any action taken by the
				  Authority. Unless otherwise provided therein, such resolution shall take effect
				  immediately.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart A - INTRODUCTION › Section 1901.110 - 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
				[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 Illinois Health Facilities
				Authority 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 from the Illinois Health
				Facilities Authority. Therefore, they are being filed in accordance with
				Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15
				].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart A - INTRODUCTION › Section 1901.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Terms used in
				these rules shall have the same meaning as in the Freedom of Information
				Act.
b) "FOIA" means 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.
e) "Authority" refers to the Illinois Health
				Facilities Authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 1901.210 - 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
				  Authority's Freedom of Information Officer. Requests shall be submitted to the
				  following address:
Freedom of Information Officer
Illinois Health Facilities Authority
180 North Stetson Avenue,
Suite 1100
Chicago, Illinois 60601
ATTN: FOIA Request
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 1901.220 - Form and Content of Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests in accordance with the FOIA and these rules shall be made in writing.
				Such requests may be submitted on FOIA request forms provided by the Authority.
				(See Appendix A to these rules)
b)
				Oral requests will be handled expeditiously. However, the required response
				times and the appeal procedures contained in the FOIA and these rules do not
				apply to oral requests.
c) 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
				brief 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart C - PROCEDURES FOR AUTHORITY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1901.310 - Timeline for Authority Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Authority shall respond to a written request for public records within
				seven working days after the receipt of such request.
b) In the event that the request for public
				records cannot be responded to within seven days for one of the reasons
				provided in Section 3(d) of the FOIA, the Authority shall give the requestor
				notice of the extension of time to respond. Such notice of extension shall set
				forth the reasons why the extension is necessary.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart C - PROCEDURES FOR AUTHORITY RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1901.320 - Categories of Authority Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Authority 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart D - AUTHORITY PROCEDURES FOR APPEAL OF A DENIAL › Section 1901.410 - Appeal of a Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) A requestor
				whose request has been denied by the Freedom of Information Officer may appeal
				the denial to the Executive Director of the Authority. The notice of appeal
				shall be made in writing and sent to:
Executive Director
Illinois Health Facilities Authority
180 North Stetson Avenue,
Suite 1100
Chicago, Illinois 60601
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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1901 - ACCESS TO INFORMATION › Subpart D - AUTHORITY PROCEDURES FOR APPEAL OF A DENIAL › Section 1901.420 - Executive Director's Response to Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The Executive Director shall respond to an appeal within
				  seven working days after receiving notice thereof. The Executive Director shall
				  either affirm the denial or provide access to the requested public records.
				  Failure to respond within seven working days may be considered by the requestor
				  an affirmation of the denial.