reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.200 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Office of the State Appellate Defender (OSAD) for
				making its records available for reasonable public inspection while, at the
				same time, protecting legitimate interests in confidentiality.
b) This Part:
1) Establishes the following classifications
				for records in OSAD's possession:
A) Records
				that shall be disclosed; and
B)
				Records that shall be withheld from disclosure.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.210 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request meeting the requirements of this Part, OSAD will
				  disclose to the requester all records requested except that it will not
				  disclose certain records as provided in Section
				  500.215
				  or
				  500.220.
				  Records covered under this Section shall include, but are not limited
				  to:
a) Records of funds. All records
				relating to the obligation, receipt and use of public funds of OSAD are records
				subject to inspection and copying by the public. (Section 2.5 of
				FOIA)
b) Payrolls. Certified
				payroll records submitted to OSAD under Section 5(a)(2) of the Prevailing Wage
				Act [820 ILCS 130 ] are records subject to inspection and copying in accordance
				with the provisions of FOIA; except that contractors' and employees' addresses,
				telephone numbers, and Social Security numbers will be redacted by OSAD prior
				to disclosure. (Section 2.10 of FOIA)
c) Criminal history records.
1) The following documents maintained by OSAD
				pertaining to criminal history record information are records subject to
				inspection and copying by the public pursuant to FOIA:
A) Court records that are public;
B) Records that are otherwise available under
				State or local law; and
C) Records
				in which the requesting party is the individual identified, except as provided
				under Section
				500.215(a)(5)(F)
				 of this Part. (Section 2.15(b) of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.225 - Submittal of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any request for public records should be
				submitted in writing to the FOI Officer at OSAD.
b) OSAD has one FOI Officer, located at the
				administrative office.
c) Contact
				information for the FOI Officer can be found online at
				www.OSAD@osad.state.il.us/ [File Link Not Available].
d) FOIA requests may be submitted via mail,
				e-mail, fax, or hand delivery. Requests should be mailed or hand delivered to:
OSAD Administrative Office
400 West Monroe St., Suite 202
PO Box 5240
Springfield IL 62705-5240
Attn: FOI Officer
e) E-mailed requests should be sent to
				OSAD@osad.state.il.us/, contain the request in the body of the e-mail, and
				indicate in the subject line of the e-mail that it contains a FOIA request.
				Faxed FOIA requests should be faxed to 217/782-5385, Attn: FOI
				Officer.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.230 - Information To Be Provided in Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
A request for records should include:
a) The complete name, mailing address and
				telephone number of the requester;
b) As specific a description as possible of
				the records sought. Requests that OSAD considers unduly burdensome or
				categorical may be denied. (See Section 3(g) of FOIA and Section
				500.245.);
c) A statement as to the requested medium and
				format for OSAD to use in providing the records sought: for example, paper,
				specific types of digital or magnetic media, or videotape;
d) A statement as to the requested manner for
				OSAD to use in providing the records sought: for example, inspection at OSAD
				headquarters or providing paper or electronic copies;
e) A statement as to whether the requester
				needs certified copies of all or any portion of the records, including
				reference to the specific documents that require certification; and
f) A statement as to whether the request is
				for a commercial purpose.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.235 - Requests for Records for Commercial Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is a violation of FOIA for a person to
				knowingly obtain a record for a commercial purpose without disclosing that it
				is for a commercial purpose if requested to do so by OSAD. (Section 3.1(c) of
				FOIA)
b) OSAD shall respond to a
				request for records to be used for a commercial purpose within 21 working days
				after receipt. The response shall:
1) Provide
				to the requester an estimate of the time required by OSAD to provide the
				records requested and an estimate of the fees to be charged, which OSAD may
				require the person to pay in full before copying the requested
				documents;
2) Deny the request
				pursuant to one or more of the exemptions set out in Section
				500.215
				or
				500.220;
3) Notify the requester that the request is
				unduly burdensome and extend an opportunity to the requester to attempt to
				reduce the request to manageable proportions; or
4) Provide the records requested. (Section
				3.1(a) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.240 - Timeline for OSAD Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), OSAD will respond to any written
				request for 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 OSAD fails to respond to a request within the requisite
				periods in this subsection (a) but thereafter provides the requester with
				copies of the requested records, it will not impose a fee for such copies. If
				OSAD fails to respond to a request received, it will not treat the request as
				unduly burdensome as provided under Section
				500.245.
				(Section 3(d) of FOIA) A written request from OSAD to provide additional
				information shall be considered a response to the FOIA request.
b) The time limits prescribed in subsection
				(a) 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 locations other 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 7or 7.5 of FOIA or should be revealed only with
				appropriate deletions;
6) The
				request for records cannot be complied with by OSAD within the time limits
				prescribed by subsection (a) without unduly burdening or interfering with the
				operations of OSAD; 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 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.245 - Requests for Records that OSAD Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a) OSAD will fulfill requests calling for all
				records falling within a category unless compliance with the request would
				unduly burden OSAD, there is no way to narrow the request, and the burden on
				OSAD outweighs the public interest in the information. Before invoking this
				exemption, OSAD will 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)
b) If OSAD 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 OSAD. Such a response shall be treated as a denial of
				the request for information. (Section 3(g) of FOIA)
c) Repeated requests for records that are
				unchanged or identical to records previously provided or properly denied under
				this Part from the same person shall be deemed unduly burdensome. (Section 3(g)
				of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.250 - Requests for Records that Require Electronic Retrieval

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request for records that requires
				electronic retrieval will be treated the same as any other request for records,
				with the same timeline and extensions as allowed for other records.
b) The Agency will retrieve and provide
				electronic records only in a format and medium that is available to
				OSAD.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.255 - Denials of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) OSAD will deny requests for records when:
1) Compliance with the request would unduly
				burden OSAD, as determined pursuant to Section
				500.245,
				and the requester has not reduced the request to manageable proportions;
				or
2) The records are exempt from
				disclosure pursuant to Section 7 or 7.5 of FOIA or Section
				500.215
				or
				500.220.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.260 - 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 record is denied by OSAD 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. (Section 9.5(a) of FOIA)
b) If OSAD asserts that the records are
				exempt under Section
				500.215(a)(4)
				or (a)(7), it will, within the time periods
				provided for responding to a request, provide written notice to the requester
				and the Public Access Counselor of its intent to deny the request in whole or
				in part. The notice will include:
1) A copy
				of the request for access to records;
2) The proposed response from OSAD;
				and
3) A detailed summary of OSAD's
				basis for asserting the exemption. (Section 9.5(b) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.265 - Circuit Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
A requester also has the 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.270 - 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 County or Sangamon County. An advisory
				  opinion issued to OSAD 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 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.275 - Inspection of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) OSAD may make
				available records for personal inspection at OSAD's headquarters office located
				at 400 W. Monroe St., Suite 202, Springfield IL 62705-5240, or at another
				location agreed to by both OSAD and the requester. No original record shall be
				removed from State-controlled premises except under constant supervision of
				OSAD responsible for maintaining the record. OSAD may provide records in
				duplicate forms, including, but not limited to, paper copies, data processing
				printouts, videotape, microfilm, audio tape, reel to reel microfilm,
				photographs, computer disks and diazo.
b) When a person requests a copy of a record
				maintained in an electronic format, OSAD shall furnish it in the electronic
				format specified by the requester, if feasible. If it is not feasible to
				furnish the records in the specified electronic format, then OSAD shall furnish
				it in the format in which it is maintained by OSAD, or in paper format at the
				option of the requester. (Section 6(a) of FOIA)
c) A requester may inspect records by
				appointment only, scheduled subject to space availability. OSAD will schedule
				inspection appointments to take place during normal business hours, which are
				8:30 a.m. to 4:30 p.m. Monday through Friday, exclusive of State holidays. If
				the requester must cancel the viewing appointment, the requester shall so
				inform OSAD 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.
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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.280 - Copying of Records; Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				accordance with Section
				500.285,
				unless a fee is otherwise fixed by statute, OSAD will provide copies of records
				and certifications of records in accordance with the fee schedule set forth in
				Appendix A.
b) In calculating its
				actual cost for reproducing records or for the use of the equipment of OSAD to
				reproduce records, OSAD will not include the costs of any search for and review
				of the records or other personnel costs associated with reproducing the
				records. (Section 6(b) of FOIA)
c)
				In order to expedite the copying of records that OSAD cannot copy, due to the
				volume of the request or the operational needs of OSAD, in the timelines
				established in Section
				500.240,
				the requester may provide, at the requester's expense, the copy machine, all
				necessary materials, and the labor to copy the public records at OSAD
				headquarters in Section
				500.275, or
				at another location agreed to by both OSAD and the requester. No original
				record shall be removed from State-controlled premises except under constant
				supervision of OSAD.
d) Copies of
				records will be provided to the requester only upon payment of any fees due.
				OSAD may charge the requester for the actual cost of purchasing the recording
				medium, whether disc, diskette, tape, or other medium, but OSAD will not charge
				the requester for the costs of any search for and review of the records or
				other personnel costs associated with reproducing the records. (Section 6(a) of
				FOIA) Payment must be by check or money order sent to OSAD, payable to
				"Treasurer, State of Illinois".
e)
				If a contractor is used to inspect or copy records, the following procedures
				shall apply:
1) The requester, rather than
				OSAD, must contract with the contractor;
2) The requester is responsible for all fees
				charged by the contractor;
3) The
				requester must notify OSAD of the contractor to be used prior to the scheduled
				on-site inspection or copying;
4)
				Only OSAD personnel may provide records to the contractor;
5) OSAD must have verification that the
				requester has paid OSAD, if payment is due, for the copying of the records
				before providing the records to the contractor; and
6) The requester must provide to OSAD the
				contractor's written agreement to hold the records secure and to copy the
				records only for the purpose stated by the requester.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER › Section 500.285 - Reduction and Waiver of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fees
				may be reduced or waived by OSAD 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, OSAD will consider the following:
1) Whether the principal purpose of the
				request is to disseminate information regarding the health, safety, welfare or
				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 (a),
				"commercial benefit" shall not apply to requests made by news media when the
				principal purpose of the request is to access and disseminate information
				regarding the health, safety, welfare or legal rights of the general public.
				(Section 6(c) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - PUBLIC INFORMATION - EXPUNGEMENT OF CRIMINAL RECORDS › Section 500.300 - Special Public Information Responsibilities for Expungement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority of the Office
1) The State Appellate Defender Act is
				directed by statute to establish, maintain and carry out an expungement program
				to provide information to persons eligible to have their arrest or criminal
				history record information ordered expunged, sealed or impounded. (Section
				10.6(a) of the Act)
2) The Office
				shall disseminate printed materials and provide information through its website
				explaining the State's expungement process, circumstances under which
				expungement may occur, the criminal offenses that may be expunged and steps
				necessary to complete the expungement process. The Office shall also maintain a
				toll free telephone number that may be used to receive information or
				assistance concerning the expungement or sealing of arrest or criminal history
				record information and shall develop an expungement information packet.
				(Section 10.6(b) and (c) of the Act)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - PUBLIC INFORMATION - EXPUNGEMENT OF CRIMINAL RECORDS › Section 500.310 - Availability of Expungement Forms

Current through Register Vol. 48, No. 28, July 12, 2024
As part of its expungement information program, the Office
				  will make expungement request forms and model enforcement orders available to
				  the public. Different forms are used inside and outside of Cook County.
a) Cook County
For criminal convictions that occurred in courts located in
				  Cook County, forms and procedures are available from:
1) the Office's Expungement Unit in Chicago
				at:
A) telephone: 866/787-1776 (toll-free);
				or
B) email:
				Expungement.chicago@osad.state.il us; or
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - CAPITAL LITIGATION UNITS › Section 500.400 - Death Penalty Litigation

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of the State Appellate Defender has established
				  three units for capital litigation:
a)
				The Capital Trial Assistance Unit provides assistance to attorneys appointed
				under the Capital Crimes Litigation Act [725 ILCS 124/50 ] (see
				725 ILCS
				105/10(c)(5) ).
b) The Capital Post-Conviction Unit
				represents capital defendants in post-conviction and collateral proceedings
				under Article 122 of the Code of Criminal Procedure of 1963 [725 ILCS 5 /Art.
				122] (post conviction hearings).
c)
				The Supreme Court Unit represents capital defendants on appeal.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 500 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - CAPITAL LITIGATION UNITS › Appendix B - Fee Schedule for Duplication and Certification of 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 of tape
Actual cost of the reproduction
Audio tape copy of tape
Actual cost of the reproduction
CD ROM disk
Actual cost of the reproduction
Photograph from negative
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 526 - FREEDOM OF INFORMATION › Subpart A - OVERVIEW OF THE OFFICE OF LIEUTENANT GOVERNOR › Section 526.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Office of
				Lieutenant Governor is established pursuant to Article V, Section 14 of the
				Illinois Constitution of 1970. The Constitution entitles the Lieutenant
				Governor to exercise certain powers in the executive branch delegated by the
				Governor and prescribed by law.
b)
				The major responsibilities designated by statute include:
1) Chairman of the Illinois River
				Coordinating Council,
2) Chairman
				of the Mississippi River Coordinating Council,
3) Chairman of the Green Governments
				Coordinating Council,
4) Chairman
				of the Interagency Military Base Support and Economic Development
				Committee.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart A - OVERVIEW OF THE OFFICE OF LIEUTENANT GOVERNOR › Section 526.20 - Functional Divisions

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Administrative Office of the Lieutenant Governor's
				  Office is located in Room 214, State House, Springfield, Illinois 62706. A
				  block diagram of the divisions is provided in Appendix A of this
				  Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart A - OVERVIEW OF THE OFFICE OF LIEUTENANT GOVERNOR › Section 526.30 - Offices

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of Lieutenant Governor maintains separate offices
				  at the following locations:
a) Room
				214, State House
Springfield IL 62706
b) Room 414, Stratton Office Bldg.
Springfield IL 62706
c) 100 W. Randolph
Suite 15-200
Chicago IL 60601
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.110 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
The disclosure of full and complete information regarding the
				  affairs of government is necessary to enable the public to fulfill their duties
				  of discussing public issues fully and freely, making informed political
				  judgments and monitoring government to ensure that it is being conducted in the
				  public interest. A well informed public is an essential element of our
				  constitutional form of government, which sets democracy apart from other forms
				  of government. Recognizing the importance of keeping the public informed, this
				  office is committed to the practice of making public records available for
				  public inspection and copying.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.120 - Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) How
				made and addressed. All requests to inspect and copy or to receive copies of
				public records shall be in writing. All requests shall be mailed or otherwise
				delivered to the person and location specified below:
Public Information Officer
Office of the Lieutenant Governor
100 W. Randolph, Suite 15-200
Chicago IL 60601
b) Description of records sought. A request
				for access to a record should reasonably describe that record by reference to
				the subject matter and approximate date of issuance, if known.
c) Additional information may be requested.
				If the information supplied by the requester is not sufficient to permit
				location of the records by office personnel with a reasonable amount of effort,
				the requester may be asked to supply additional necessary information that will
				enable the office to locate the document. If necessary, the office shall extend
				to the requester an opportunity to confer with office personnel in order to
				attempt to reformulate the request in a manner that will meet the needs of the
				requester and the requirements of the office. The original request will be
				considered to have been withdrawn. The request will be considered officially to
				have been filed when the reformulated request is filed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.130 - Processing Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Referral
				to appropriate employee. The Public Information Officer shall make and retain a
				copy of each request and forward it to the person or persons within the Office
				of the Lieutenant Governor having primary responsibility for the record
				requested. Within 7 working days after receipt of an identifiable request, the
				office shall determine whether to comply with or deny the request and shall so
				notify the requester.
b) Extension
				of time. In unusual circumstances as specified in Section 3(d) of the Freedom
				of Information Act (the Act), the Office of the Lieutenant Governor may extend
				the time for initial determination on requests up to a total of 7 additional
				working days. A written notice to the requester that sets forth the reason for
				the extension and the approximate date that either compliance or denial can be
				expected will be sent by the Public Information Officer within the original 7
				working day period.
c) Delay
				treated as a denial. If no determination has been made at the end of the 7
				working day period, or at the end of the 14th
				working day in the event that an extension of time under Section 3(d) of the
				Act is utilized, the requester may deem the request denied.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.140 - Response to Request

Current through Register Vol. 48, No. 28, July 12, 2024
a) Granted
				request. The Public Information Officer shall notify the requester in writing
				as to where and when the record may be inspected and copied, if desired, and of
				any applicable fees.
1) Public records that
				are the subjects of an approved request may be inspected at the following
				locations and times unless otherwise notified:
Location
Times
100 W. Randolph
Suite 15-200
Chicago IL 60601
9:00 a.m. 5:00 p.m.
Mondays thru Fridays except State Holidays
2)
				Persons whose request for inspection of public records has been approved may
				copy any portion of the requested records. However, records shall not be
				removed by the person from the premises where they are being inspected.
				Further, this office may but is not required to provide copying equipment for
				use by any person inspecting public records.
3) Persons may request copies of public
				records that will be provided by this office upon payment of copying fees as
				established under these rules. Certified copies of records may be requested for
				an additional fee as established by Section
				526.160.
4) Any copies of public records provided by
				this office may be picked up at the locations and times specified in subsection
				(a)(1) unless otherwise notified.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.150 - Review of Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appeal to
				Lieutenant Governor. A person whose request for information is denied may
				appeal that decision by mailing or otherwise delivering a notice of appeal to
				the Lieutenant Governor at the following location:
Lieutenant Governor
214 State House
Springfield IL 62706
b) Appeal in writing. An appeal to the
				Lieutenant Governor shall be in writing and shall include a statement of the
				circumstances, reasons or arguments advanced in support of disclosure, and a
				copy of any written denial issued. The envelope and appeal letter should be
				clearly marked "Freedom of Information Appeal". The appeal must be filed within
				a reasonable period of time.
c)
				Written determination. A written determination with respect to the appeal shall
				be made within 7 working days after receipt of the appeal. If the records, or
				any segregable part of the records, are found to be improperly withheld, the
				Lieutenant Governor shall order the appropriate person to make them
				available.
d) Denial of appeal. A
				denial of an appeal in whole or in part shall be sent to the requester in
				writing, in a manner provided in Section 10(a) of the Act. The denial shall
				inform the requester of the right of judicial review.
e) Delay in determination. If no
				determination has been made at the end of 7 working days, the requester may
				deem his/her appeal denied, and exercise his/her right to judicial review of
				the denial.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.160 - Fee Schedule for Copies of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) When charged. The Office of the Lieutenant
				Governor shall charge fees according to the schedule provided in this Section
				to reimburse its actual cost for reproducing and certifying public records and
				for the use, by any person, of the equipment of the Lieutenant Governor's
				Office to copy records. Fees shall not be charged, however, if the Lieutenant
				Governor determines that waiver or reduction of the fee is in the public
				interest because furnishing information can be considered as primarily
				benefiting the general public. The Lieutenant Governor's determination shall
				ordinarily not be made unless the service to be performed will be of benefit
				primarily to the public as opposed to the requester, or unless the requester is
				an indigent individual.
b) Copies.
				For copies of documents (maximum of two copies will be supplied), $1 per copy
				page. For electronic copies of any audio or video recordings, $5 per CD or
				DVD.
c) Certification. For
				certification of true copies, each, $1.00.
d) Notice of anticipated fees in excess of
				$25. When it is anticipated that fees chargeable under this Section will amount
				to more than $25, and the requester has not indicated in advance his/her
				willingness to pay fees as high as are anticipated, the requester shall be
				notified of the amount of the anticipated fee or the portion of the fee that
				can readily be estimated. In such cases, a request will not be deemed to have
				been received until the requester is notified of the anticipated cost and
				agrees to bear it. The notification shall offer the requester the opportunity
				to confer with office personnel with the object of reformulating the request so
				as to meet his/her needs at lower cost.
e) Form of payment. Payment shall be made by
				check or money order payable to the State of Illinois.
f) Advance deposit. When the anticipated fee
				chargeable under this Section exceeds $25, an advance deposit of 25% of the
				anticipated fee or $25, whichever is greater, may be required before the
				material will be reproduced. When a requester previously failed to pay a fee
				under this Section, an advance deposit of the full amount of the anticipated
				fee may be required.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 526 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED › Section 526.170 - Governing Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is subject to the provisions of the Freedom of
				  Information Act and all other applicable laws of the State of
				  Illinois.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 550 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 550.10 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				requests for information from the public should be addressed to the Director of
				the Department that maintains that record.
b) The general fee structure is set forth in
				Section 5.5 of the Secretary of State Act [15
				ILCS 305/5.5 ], unless otherwise set by a specific
				statute. Section 2-123 of the Illinois Vehicle Title and Registration Law of
				the Illinois Vehicle Code [625 ILCS
				5/2-123 ] sets fees for drivers abstracts, abstracts
				of vehicle title and registration searches, microfiche record of all vehicle
				registration and other drivers license and motor vehicle information. The
				annual list of Illinois Corporations and the daily list are available from the
				Department of Business Services. See Section
				1.25 of the
				Business Corporation Act of 1983 [805 ILCS
				5/1.25 ]. The monthly list of financing statements is
				available from the Department of Business Services (UCC Division, Section
				5.10 - List of filed
				financing statements [15 ILCS
				305/5.10 ]).
c) Comments to the Office
1) Members of the public who desire to make
				any submission, comment, request, or objection regarding any program, policy,
				or activity of the Office of the Secretary of State may do so in writing
				addressed to the Director of the Department administering that program or
				policy.
2) Verbal comments may be
				submitted by calling 1-800-252-8980, the general information line for the
				Office of the Secretary of State.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 550 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING PROCEDURES › Section 550.110 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				rules, amendments, and repealers shall be initiated by the department which
				administers the applicable statute. Any public request to initiate rulemaking
				or amendments to existing rules shall also be directed to the Director of the
				appropriate Department which administers the statute applicable. A request
				should state specifically which rulemaking is needed and why.
b) Proposed rulemaking of any type shall be
				prepared by the appropriate Department according to the Rulemaking Procedures
				for Codification (1 Ill. Adm. Code 100). They shall then be coordinated with
				the General Counsel to the Secretary before submission to the Administrative
				Code Unit of the Illinois State Library. The General Counsel shall coordinate
				all rulemaking for the Office of the Secretary of State with the Joint
				Committee on Administrative Rules.
c) Public hearings may be conducted on
				proposed rulemaking in accordance with the Illinois Administrative Procedure
				Act (5 ILCS 100/1-1 et
				seq.). If requested by an individual or organization, or at the direction of a
				Department Director, such hearings will be conducted in Chicago and Springfield
				by the appropriate Director, and a transcript of the proceedings shall be made
				by a court reporter or electronic device. The hearing date, time, and location
				shall be publicized by the Director at least 24 hours before each hearing, and
				by a means reasonably calculated to broadly disseminate the conducting of these
				hearings. All public comments shall be considered by the Director during the
				first notice period, as required by the Illinois Administrative Procedure
				Act.
d) All rulemaking shall be
				done in accordance with the Illinois Administrative Procedure Act and the
				Rulemaking Procedures for Codification (1 Ill. Adm. Code 100). Please refer to
				Table B.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 550 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION STRUCTURE › Section 550.210 - Description of Officers and Departments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Deputy Secretary of State is
				responsible for the daily operations of the Office of the Secretary of State,
				which includes the management of all employees and the oversight of all
				programs and policies.
b) The Chief
				of Staff is responsible for providing oversight and program policy direction to
				all cabinet members and executive staff, and advises the Secretary of State, in
				concert with other specified officials.
c) The General Counsel to the Secretary
				advises the Secretary, Deputy Secretary, Chief of Staff, and other management
				officials on legal questions of broad applicability, supervises all litigation
				involving the Secretary of State, coordinates that litigation with the Attorney
				General's Office and U.S. Attorney's Office, and provides oversight of related
				departments within the Office of the Secretary of State.
d) The Inspector General Department:
1) investigates all allegations of wrongdoing
				involving personnel of the Office of the Secretary of State and presents
				reports on its findings to the Secretary, Deputy Secretary, Chief of Staff, and
				appropriate Directors for possible disciplinary action;
2) conducts fiscal, efficiency, and
				compliance reviews of Secretary of State operations for issuance of special
				reports; and
3) investigates
				alleged violations of the Lobbyist Registration Act [25 ILCS 170
				].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart A - SUMMARY AND PURPOSE › Section 551.10 - 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
				(P.A. 83-1013, effective July 1, 1984, Supplement to Ill. Rev. Stat. 1983, ch.
				116, par. 201 et seq.). The purpose of these rules is to support the policy of
				providing public access to the public records in the possession of the Office
				of the Secretary of State, while at the same time, protecting legitimate
				privacy interests and maintaining administrative efficiency.
b) These rules create a procedure by which
				the public may request and obtain public records. Therefore, they are being
				filed in accordance with Section 5-15 of the Illinois Administrative Procedure
				Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart A - SUMMARY AND PURPOSE › Section 551.20 - 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:
"Department" means a subdivision of the Office of the
				  Secretary of State, identified at 2 Ill. Adm. Code 550.
"Director" means the Director of each Department, appointed
				  by the Secretary of State.
"FOIA" means the Freedom of Information Act.
"Freedom of Information Officer" means an individual
				  responsible for receiving and responding to requests for public records
				  designated in each Department.
"Requestor" means a person who submits a request for public
				  records in accordance with these rules.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart A - SUMMARY AND PURPOSE › Section 551.30 - Principal Office

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of the Illinois Freedom of Information Act,
				  the principal office of the Office of the Secretary of State, its departments,
				  committees, and subdivisions, shall be the City of Springfield, County of
				  Sangamon.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart A - SUMMARY AND PURPOSE › Section 551.40 - Availability of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Records of
				the Secretary of State's Office, its departments, committees, and subdivisions,
				unless otherwise exempt pursuant to statute, shall be available for inspection
				in the City of Springfield between the hours of 8:30 a.m. and 4:30 p.m., Monday
				through Friday, except during official State holidays.
b) Records will be inspected in the Reference
				Reading Room of the State Library, 300 South Second Street, second floor, City
				of Springfield, or at the State of Illinois Center, 100 West Randolph Street,
				fifth floor, City of Chicago, unless the Secretary of State or a Department
				Director who has custody of the required record determines that the bulk, daily
				government use, size, nature, or computerization of a record requires the
				requestor to inspect the record within the Department maintaining the
				record.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart B - REQUEST PROCEDURES › Section 551.110 - Inspection of Records at Department Offices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents which the requestor wishes to
				have copied shall be segregated during the course of the inspection. Generally,
				all copying shall be done by Department employees.
b) An employee of the Department may be
				present throughout the inspection. A requestor may be prohibited from bringing
				bags, brief cases or other containers into the inspection room.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart B - REQUEST PROCEDURES › Section 551.130 - Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) All requests
				shall be in writing addressed to the Freedom of Information Officer or Director
				of the Department maintaining the record. The list of Departments and addresses
				for the Departments is located at 2 Ill. Adm. Code
				550.10(c)
				and
				550.210.
b)
1) All
				requests shall be on the approved request form, which shall be available in all
				offices of the Secretary of State's Departments, or in a letter containing the
				same or similar elements.
A) The requestor's
				full name, address, and phone number.
B) A brief description of the public records
				sought, being as specific as possible.
C) Whether the request is for inspection of
				public records, copies of public records, or both.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 551 - FREEDOM OF INFORMATION › Subpart B - REQUEST PROCEDURES › Section 551.140 - Appeal Procedure to Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person requesting a record who has
				been denied access by a Department Director or Freedom of Information Officer
				may appeal such denial to the Secretary of State, pursuant to Section 10 of the
				FOIA.
b) The appeal request must be
				in writing and addressed to the Deputy Secretary of State, Room 213, Capitol
				Building, Springfield, Illinois. It shall contain 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 551 - FREEDOM OF INFORMATION › Subpart B - REQUEST PROCEDURES › Section 551.150 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The fee for
				copying any record shall be 50 per page of material 8 1/2" x 11" in size, $1.00
				per page of material larger than 8 1/2" x 11" in size, and certification shall
				be $2.00 per document unless a specific statute provides otherwise.
b) The cost of any transcript of any
				administrative hearing shall be at the lowest per page cost of a transcript
				paid in the city in which the hearing was conducted if transcribed by the
				Office of the Secretary of State. If transcribed by a commercial court
				reporter, the actual cost to the Secretary of State shall be charged to the
				requestor.
c) Requests for a waiver
				or reduction of any fee pursuant to Section 6 of FOIA shall be directed to the
				Director or Freedom of Information Officer of the Department maintaining the
				record.
d) Copies of public records
				shall be provided to the requestor only upon payment of the charges which are
				due.