reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.20 - Complaints and Initial Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be
			 considered by the Commission, a complaint must be in writing, signed and
			 notarized, and allege a violation of the Act committed by a named employee of
			 the Attorney General no more than one year before the complaint is filed.
1) Complaints should fully describe the
			 incident and surrounding circumstances, including identification of others
			 involved in the violation and their employers and other relevant contractual
			 relationships, dates and places, etc.
2) If the complaint is in any way defective
			 (e.g., no time frame given, not notarized, no allegation of any violation of
			 the Act or of any facts that could possibly constitute a violation of the Act),
			 the Chair shall, by certified mail, return receipt requested, notify the
			 complainant that the complaint was not properly filed and identify each and
			 every defect. The notice shall include a statement advising the complainant
			 that the complaint may be resubmitted if the defects are cured.
3) A complaint or other report of an incident
			 of a violation of the Act that is not made against an employee of the Attorney
			 General will be forwarded immediately to the appropriate ethics
			 commission.
4) The Chair shall
			 provide assistance in preparing the complaint upon complainant's
			 request.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.30 - Determination of Sufficiency and Probable Cause

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the complaint is valid, the Chair shall
			 review the complaint and prepare a recommendation to the Commission as to
			 sufficiency and the existence of probable cause to proceed, which shall be
			 considered at the Commission's meeting held pursuant to Section 60(c) of the
			 Act.
b) Part of the Chair's review
			 may include, to the extent necessary, a preliminary inquiry of the complainant
			 or sources identified by the complainant to develop or verify basic facts
			 necessary to the existence of a violation (e.g., identification of the alleged
			 violator as an employee of the Attorney General, the nature of the gift, the
			 circumstances in which the gift was given). The results of this inquiry shall
			 be considered as part of the evidence presented by the complainant in making
			 the probable cause determination.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.40 - Closed Meeting on the Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If the Commission finds that the complaint is sufficient and that there is a
			 reasonable ground for belief of the alleged facts, it shall appoint an
			 examiner, licensed to practice law in Illinois, to investigate the allegations
			 and to present evidence to the Commission in the closed meeting required by
			 Section 60(d) of the Act.
b) Notice
			 of the meeting shall be given to the parties as required in Section 60(c) of
			 the Act. The notice shall include, in addition to the information described in
			 Section
			 1520.20(b)
			 of this Part, a statement of the possible consequences of failure to
			 respond.
c) The examiner shall
			 prepare a complete report of the results of the investigation, including any
			 exculpatory evidence, for the Commission. The report shall be shared with the
			 complainant and the respondent at or before a preliminary conference to be
			 completed no more than 24 hours before the closed meeting. The parties may
			 stipulate to, among other things, any or all of the facts contained in the
			 report.
d) The examiner shall
			 assist or act for the complainant in the presentation of evidence to the
			 Commission and shall be responsible for the coordination of the presentation of
			 all evidence of a violation to the Commission.
e) At the election of the Commission, the
			 Chair, another member of the Commission, or an attorney designated by the Chair
			 may act as administrative law judge to preside over the taking of evidence at
			 the closed meeting.
f) At the close
			 of the taking of evidence and arguments, the Commission may move directly to
			 deliberations and decision making or may direct the administrative law judge to
			 prepare written findings of fact, conclusions and a recommended decision.
			 Deliberations and decision making shall be conducted in closed session. A
			 designee appointed to act as administrative law judge may assist the Commission
			 in arriving at and preparing a decision.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.50 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Should the
			 respondent demand a public hearing after issuance of the Commission's
			 preliminary recommendation or fine in accordance with Section 60(f) of the Act,
			 the Commission shall appoint an attorney to act as administrative law judge to
			 preside over the hearing. The person appointed shall, if possible, be the same
			 person who presided over the taking of evidence in the closed
			 meeting.
b) The examiner shall
			 assist or act for the complainant in the presentation of evidence and shall be
			 responsible for the coordination of the presentation of all evidence of a
			 violation.
c) The parties may
			 reintroduce any evidence admitted at the closed meeting. Documentary and
			 physical evidence admitted in the closed meeting shall be admitted without need
			 of laying foundations. The parties may recall witnesses that testified in the
			 closed meeting or may rely on transcripts or recordings of their earlier
			 testimony, which transcripts or recordings may, at the option of the offering
			 party, be read or played at the public hearing.
d) New evidence may be presented by the
			 parties or the examiner.
e) The
			 administrative law judge shall prepare findings of fact, conclusions of law,
			 and a recommended decision for the Commission's consideration at a closed
			 meeting to be held within 5 business days after the completion of the hearing,
			 as required by Section 60(f) of the Act.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.60 - Conduct of Meetings and Hearings on the Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) Meetings and hearings on complaints shall
			 be conducted in accordance with the contested case provisions of Article 10 of
			 the Administrative Procedure Act [5 ILCS 100 /Art. 10].
b) Procedure
1) The meeting or hearing shall be opened
			 with an explanation of the procedure to be followed in the hearing.
2) Upon motion of either party or at the
			 discretion of the hearing officer, any or all witnesses may be
			 sequestered.
3) Preliminary matters
			 such as objection to charges, disputes involving discovery, stipulation of
			 facts and documents, and scheduling of witnesses may be resolved.
4) Each party shall be given the opportunity
			 to make a brief opening statement identifying the issues and indicating what is
			 to be proven.
5) Each party may
			 call witnesses to testify on his/her own behalf. All witnesses shall testify
			 under oath or affirmation. The respective parties may cross-examine opposing
			 witnesses, and the examiner may also examine the witnesses.
6) Before closing the hearing, the hearing
			 officer shall allow both parties the opportunity either to make brief oral
			 closing statements or to submit written closing statements.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.70 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
The Chair and the administrative law judges shall have the
				authority to issue subpoenas in the name of the Commission to compel the
				presence of witnesses at meetings, hearings or depositions or to compel the
				production of books and papers.
a)
			 Subpoenas shall be issued upon written request of the complainant, respondent
			 or examiner if:
1) the request is reasonably
			 designed to produce or lead to the production of evidence related to the
			 alleged violation,
2) the terms of
			 compliance are reasonable given the time frames and other circumstances,
			 and
3) the subpoena is properly
			 prepared and presented for signature.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.80 - Appointment and Disqualification of Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) In appointing an
			 administrative law judge, the Commission shall inquire as to any personal or
			 pecuniary interest or relationship the prospective appointee may have with
			 respect to the complainant or respondent and shall appoint no administrative
			 law judge who appears to the Commission to be biased for or against any party
			 or who has a conflict of interest.
b) A complainant or respondent who has reason
			 to believe the administrative law judge should be disqualified on the basis of
			 bias or conflict of interest may object to the appointment on that basis and
			 ask that the administrative law judge be disqualified any time before evidence
			 is taken, but must do so at or before the prelimary conference if the party is
			 aware of disqualifying facts at that time. If the administrative law judge does
			 not disqualify himself in response to the objection, the objector may present
			 facts to the Commission on the issue of bias or conflict of interest at the
			 beginning of the meeting or hearing, and the question shall be resolved before
			 further proceedings. Failure to object before the taking of evidence shall
			 constitute a waiver of the objection.
c) If the complainant or respondent discovers
			 facts that would form a basis for objection to the appointment of an
			 administrative law judge for bias or conflict of interest only after the taking
			 of evidence begins, the party shall move for disqualification within three
			 business days of the discovery, but in no event after the final decision of the
			 Commission, or the issue is waived.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.90 - Required Public Notice of Meetings and Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Where the Act requires that public notice of Commission
				meetings or hearings be given, the notice will be posted at the main Chicago
				and Springfield offices of the Attorney General. Notice of specific meetings or
				hearings will be given to anyone who makes a request
				therefor.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.100 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
Except in cases of emergency, a member of the Commission must
				be physically present at the time and place of the meeting to be considered in
				attendance at a given meeting. In emergency situations members may attend by
				telephone or video conference so long as at least 3 of the members are
				physically present and if the persons seeking to attend by telephone or video
				make arrangements to do so with the Chair in advance.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1520 - COMPLAINT PROCEDURE › Section 1520.110 - Filing of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents to
			 be sent to, filed with, or served upon the Commission shall be addressed to the
			 Chair, Attorney General's Ethics Commission, c/o Office of the Attorney
			 General, 500 South Second Street, Springfield, Illinois 62706.
b) Documents other than complaints may be
			 filed with the Chair by facsimile transmission at a number designated by the
			 Chair. Documents received by facsimile transmission after 4:45 p.m., in whole
			 or in part, will be deemed received on the next business day.
c) Documents may not be filed by e-mail or
			 other form of electronic submission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1530 - RULEMAKING AND ORGANIZATION › Subpart A - INTRODUCTION › Section 1530.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to comply with the Illinois
				  Administrative Procedure Act requirement that each agency adopt and maintain
				  rules relating to its organization and rulemaking procedures.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1530 - RULEMAKING AND ORGANIZATION › Subpart A - INTRODUCTION › Section 1530.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions are applicable for purposes of this
				  Part:
"Act" means the Department of Innovation and Technology Act
				  [20 ILCS 1370].
"Agency" means Department of Innovation and Technology as
				  established by the Act.
"Secretary" means the Secretary of the
				  Agency.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1530 - RULEMAKING AND ORGANIZATION › Subpart B - ORGANIZATION › Section 1530.200 - Office Locations

Current through Register Vol. 48, No. 28, July 12, 2024
The principal offices of the Agency are located at 120 West
				  Jefferson Street, Springfield, Illinois 62702 and 555 West Monroe Street, 200-N
				  (Second Floor), Chicago, Illinois 60661.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1530 - RULEMAKING AND ORGANIZATION › Subpart B - ORGANIZATION › Section 1530.205 - Organizational Structure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency is administered by a Secretary appointed by the Governor and confirmed
				by the Illinois Senate. The Secretary shall be the Chief Information Officer
				for the State and the steward of State data with respect to agencies under the
				jurisdiction of the Governor.
b)
				The organization and duties of the Agency are established by the Secretary. The
				chart that appears in Appendix A depicts the organizational structure of the
				Agency.
c) The Chief Internal
				Auditor is responsible for implementing, and the operation of, the Agency's
				internal audit program, serving as the liaison with the Auditor General's
				Office, and implementing accepted recommendations of outside audit firms and
				conducting internal management audits in accordance with the Fiscal Control and
				Internal Auditing Act [30 ILCS 10].
d) The Equal Employment Opportunity Officer
				is responsible for the Agency Equal Employment Opportunity (EEO) program and
				serves as the Agency Affirmative Action/Equal Employment Opportunity Officer,
				in accordance with the Illinois Human Rights Act [775 ILCS 5].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1530 - RULEMAKING AND ORGANIZATION › Subpart C - RULEMAKING › Section 1530.300 - Rulemaking Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Suggestions for rules governing the operation of the Agency may be made by any
				Agency personnel or a member of the general public. These suggestions shall be
				in writing and submitted to the Agency's Legal Department at 120 West Jefferson
				St., Springfield IL 62702.
b)
				Suggested modifications or additions to this Part will be reviewed by the
				General Counsel and, if found to have merit, will be incorporated into the
				Agency's Regulatory Agenda. Proposed rules will be drafted by legal staff and
				may be submitted for review by affected office managers, executive staff, and
				the Secretary.
c) Approved
				modifications or additions to this Part will be promulgated as provided in the
				Act and in the Illinois Administrative Procedure Act [5 ILCS 100].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart A - INTRODUCTION › Section 1531.100 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Department of Innovation and Technology (Agency) 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 the Agency'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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart B - CLASSIFICATION OF RECORDS › Section 1531.200 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request meeting the requirements of this Part, the
				  Agency will disclose to the requester all records requested except that it
				  shall not disclose certain records as provided in Section 1531.205 or 1531.210.
				  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 the
				Agency are records subject to inspection and copying by the public.
(Section 2.5 of FOIA)
b)
Payrolls. Certified payroll records submitted to the Agency 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 the Agency prior to
				disclosure.
(Section 2.10 of FOIA)
c)
Criminal history records. The
				following documents maintained by the Agency pertaining to criminal history
				record information are records subject to inspection and copying by the public
				pursuant to FOIA:
1)
Court
				records that are public;
2)
Records that are otherwise
				available under State or local law; and
3)
Records in which the requesting
				party is the individual identified, except as provided under Section
				7(1)(d)(vi) of FOIA
. (Section 2.15(b) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart B - CLASSIFICATION OF RECORDS › Section 1531.205 - Records that Will Be Withheld from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) For exemptions from FOIA that are stated
				in FOIA, see Section 7(1) of FOIA.
b)
A record that is not in the
				possession of the Agency but is in the possession of a party with whom the
				Agency has contracted to perform a governmental function on behalf of the
				Agency, and that directly relates to the governmental function and is not
				otherwise exempt under FOIA, shall be considered a record of the Agency for
				purposes of
Subpart C. (Section 7(2) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart B - CLASSIFICATION OF RECORDS › Section 1531.210 - Statutory Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
For exemptions from FOIA that are stated in other statutes,
				  see Section 7.5 of FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1531.300 - 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 the Agency.
b) The
				Agency has one FOI Officer, located in Springfield.
c) Contact information for each FOI Officer
				can be found online at www.Illinois.gov/Pages/FOIAContacts.
d) FOIA requests may be submitted via mail,
				e-mail, fax, or hand delivery. Requests should be mailed or hand delivered to:
Department of Innovation and Technology
120 West Jefferson Street
Springfield, Illinois 62702
Attn: FOI Officer
e) E-mailed requests should be sent to
				DoIT.FOIA@illinois.gov, 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)785-0361, Attn: FOI
				Officer.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1531.305 - 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 the Agency considers unduly burdensome or
				categorical may be denied. (See Section 3(g) of FOIA and Section 1531.405 of
				this Part.);
c) A statement as to
				the requested medium and format for the Agency 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 the Agency to use in providing the records sought: for
				example, inspection at Agency 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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1531.310 - 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 the
				Agency.
(Section 3.1(c) of FOIA)
b)
The Agency will 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 the Agency
				to provide the records requested and an estimate of the fees to be charged,
				which the Agency 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 1531.205 or 1531.210;
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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1531.315 - Records Maintained Online

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any provision of
FOIA
to the contrary,
				a public body is not required to copy a public record that is published on the
				public body's website. The public body shall notify the requester that the
				public record is available online and direct the requester to the website where
				the record can be reasonably accessed.
b)
If the person requesting the
				public record is unable to reasonably access the record online after being
				directed to the website pursuant to subsection (a), the requester may resubmit
				his or her request for the record stating his or her inability to reasonably
				access the record online, and the public body shall make the requested record
				available for inspection or copying as provided in Section 3 of
FOIA.
				(Section 8.5 of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.400 - Timeline for Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), the Agency 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 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 records, it will
				not impose a fee for
those
copies. If the Agency fails to
				respond to a request received, it will not treat the request as unduly
				burdensome as provided under
Section 1531.405. (Section 3(d) of FOIA)
				A written request from the Agency 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 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)
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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.405 - Requests for Records that the Agency Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Agency will fulfill requests calling for all records falling within a category
				unless compliance with the request would unduly burden the Agency, 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 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)
				The amended request must be in writing.
b) If the Agency determines that a request is
				unduly burdensome,
it will 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.
The
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 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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.410 - Recurrent Requesters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any provision of this
Part
to the
				contrary, the Agency will respond to a request from a recurrent requester, as
				defined in
Section 1531.105,
within 21 business days after
				receipt. The response shall
:
1)
provide to the requester an estimate of the time required by the Agency
				to provide the records requested and an estimate of the fees to be charged,
				which the Agency 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
				this
Part;
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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.415 - 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 the
				Agency.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.420 - Denials of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency will deny requests for records when:
1) Compliance with the request would unduly
				burden the Agency, as determined pursuant to Section 1531.405, 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 1531.205 or 1531.210 of this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.430 - 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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1531.435 - 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 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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1531.500 - Inspection and Copying of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency may make available records for personal inspection at the Agency's
				headquarters office located at 120 West Jefferson, Springfield or at another
				location agreed to by both the Agency and the requester. No original record
				shall be removed from State-controlled premises except under constant
				supervision of the agency responsible for maintaining the record. The Agency
				may provide records in duplicate forms, including, but not limited to, paper
				copies, data processing printouts, and read-only digital format.
b)
When a person requests a copy of a
				record maintained in an electronic format, the Agency will furnish it in the
				electronic format specified by the requester, if feasible. If it is not
				feasible to furnish the records in the specified electronic format, then the
				Agency will 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
				records by appointment only, scheduled subject to space availability. The
				Agency will schedule inspection appointments to take place during normal
				business hours, which are 8:00 a.m. to 5:00 p.m. Monday through Friday,
				exclusive of State holidays. If the requester must cancel the viewing
				appointment, the requester shall so inform the Agency as soon as possible
				before the appointment.
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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1531.505 - Fees for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 1531.510, unless a fee is otherwise fixed by statute, the Agency
				will provide copies of records and certifications of records in accordance with
				the fee schedule set forth in Appendix A.
b)
In calculating its actual cost for
				reproducing records or for the use of the equipment of the Agency to reproduce
				records, the Agency will not include the costs of any search for and review of
				the records or other personnel costs associated with reproducing the
				records.
(Section 6(b) of FOIA)
c) In order to expedite the copying of
				records that the Agency cannot copy, due to the volume of the request or the
				operational needs of the Agency, in the timelines established in Section
				1531.400, the requester may provide, at the requester's expense, the copy
				machine, all necessary materials, and the labor to copy the public records at
				the Agency headquarters in Section 1531.500, or at another location agreed to
				by both the Agency and the requester. No original record shall be removed from
				State-controlled premises except under constant supervision of the agency
				responsible for maintaining the record.
d) Copies of records will be provided to the
				requester only upon payment of any fees due.
The Agency may charge the
				requester for the actual cost of purchasing the recording medium, but the
				Agency will not charge the requester for the costs of any search for and review
				of the records or other personnel costs associated with reproducing the
				records.
(Section 6(a) of FOIA) Payment must be by check or money
				order sent to the Agency, payable to "Treasurer, State of Illinois".
e) If a contractor is used to inspect or copy
				records, the following procedures shall apply:
1) The requester, rather than the Agency,
				must contract with the contractor;
2) The requester is responsible for all fees
				charged by the contractor;
3) The
				requester must notify the Agency of the contractor to be used prior to the
				scheduled on-site inspection or copying;
4) Only Agency personnel may provide records
				to the contractor;
5) The Agency
				must have verification that the requester has paid the Agency, if payment is
				due, for the copying of the records before providing the records to the
				contractor; and
6) The requester
				must provide to the Agency the contractor's written agreement to hold the
				records secure and to copy the records only for the purpose stated by the
				requester.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1531.510 - 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 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 1531 - ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Appendix A - 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
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 1551 - FREEDOM OF INFORMATION › Section 1551.10 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 purpose of this Part is to establish guidelines to implement the provisions of
			 the Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par 201
			 et seq.), by supporting the policy of providing public access to the public
			 records of the State Board of Elections.
b) This Part applies to any interested
			 persons seeking access to public records in the possession of the
			 Board.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, the following definitions shall
				apply:
"FOIA" means Freedom of Information Act.
"Freedom of Information Officer" means the individual
				designated by the Board responsible for receiving and responding to requests
				for public records.
"Requestor" means an individual, organization or other entity
				who submits a request to copy or inspect public records in accordance with this
				Part.
"Working days" means business days excluding Saturdays, Sundays
				and legal holidays on which State offices are closed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.30 - Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) All requests
			 for public records shall be submitted to:
Freedom of Information Officer
Illinois State Board of Elections
1020 South Spring Street
Springfield, Illinois 62708
ATTENTION: FOIA Request
b) All requests for public records submitted
			 to the Board under the FOIA should be in writing. Such requests may be
			 submitted on FOIA request forms provided by the Board. (See Appendix
			 A)
c) Requests should be printed or
			 typed and must include the following information:
1) The requestor's full name, mailing address
			 and telephone number, including area code, at which the requestor can be
			 reached during normal business hours;
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; and
4) Whether the records are to be
			 certified.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.40 - Response to Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Freedom of Information Officer shall
			 respond to a written request for public records within 7 working days after the
			 receipt by the Freedom of Information Officer.
b) The Freedom of Information Officer shall
			 respond to a request for public records in one of the following ways:
1) Require further identification of records.
			 If the original request does not adequately identify the records sought, the
			 requestor will be required to provide more detailed information in order to
			 ascertain the identity of the records. The Freedom of Information Officer shall
			 respond to the amended request within seven working days after its
			 receipt.
2) Give notice of an
			 extension of time. The Freedom of Information Officer may give notice of an
			 extension of time to respond which shall not exceed an additional seven working
			 days. The requestor shall be advised, in writing, of the reason for the
			 extention as set forth in Section 3(d) of the FOIA.
3) Approve the request. When a request for
			 public records has been approved, the Freedom of Information Officer may give
			 notice that the requested material will be made available upon payment of
			 applicable costs (See Appendix 3), or give notice of the time and place for
			 inspection of the requested material.
4) Approve in part and deny in part. A
			 partial denial will be processed in accordance with the procedures for denials
			 as stated in paragraph (b)(5) of this Section.
5) Deny the request. A denial of a request
			 for public records shall be made in writing. It shall state the reasons for the
			 denial in accordance with either Section 3(f) or Section 7 of the FOIA and the
			 names and titles of the persons denying the request. The denial shall also
			 inform the requestor of the right to appeal to the Executive Director of the
			 State Freedom of Information Officer of Elections. Copies of all notices of
			 denial shall be available for public inspection.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.50 - Appeal of a Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 request for public records has been fully or partially denied, the requestor
			 may appeal the denial to the Executive Director. The notice of appeal shall be
			 in writing and shall be addressed to:
Executive Director
Illinois State Board of Elections
1020 South Spring Street
Springfield, Illinois 62708
ATTENTION: FOIA Appeal
b) The notice of appeal shall include:
1) A copy of the original request and, if
			 available, the Freedom of Information Officer's notice of denial; and
2) A written statement by the requestor
			 setting forth the reasons the appeal should be granted.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.60 - Executive Director's Response to Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Executive Director shall respond
			 within seven working days. The Executive Director shall either affirm the
			 denial as to all or part of the records or provide access to the requested
			 public records.
b) If the Executive
			 Director does not respond to the notice of appeal within seven working days
			 after its receipt, the requestor may consider the appeal to have been
			 denied.
c) If the appeal to the
			 Executive Director is denied, the requestor may file for judicial review of the
			 Board's decision.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.70 - Inspection of Records at Board Offices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public records will be made available for
			 inspection at the Board's Springfield Office between the hours of 8:00 a.m. and
			 4:30 p.m., or at the Board's Chicago office between the hours of 8:30 a.m. and
			 5:00 p.m. Monday through Friday, except on State holidays. A place will be
			 provided in which the requestor can inspect the public records.
b) An employee of the Board may be present
			 throughout the inspection.
c) A
			 requestor shall not be permitted to take a brief case, folder or other similar
			 materials into the area in which the inspection will take place.
d) A requestor will be permitted to take a
			 pen or pencil and paper into the room while inspecting public
			 records.
e) Documents which the
			 requestor wishes to have copied shall be segregated during the course of the
			 inspection. All duplicating will be done by Board employees.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.80 - Copies of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Copies of public records shall be provided to the requestor only upon payment
			 of any charges that are due. Charges for copies and certification of public
			 records shall be assessed in accordance with Fee Schedule established by the
			 Board. (See Appendix B)
b) Fees may
			 be waived or reduced when the Board determines that the waiver or reduction of
			 the fee is in the public interest.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Section 1551.90 - General Materials Available from the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) A brief description of the organizational
			 structure and budget of the State Board of Elections;
b) A brief description of the methods for
			 requesting information and public records; and
c) A list of the types and categories of
			 public records maintained by the State Board of Elections.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1551 - FREEDOM OF INFORMATION › Appendix B - Fee Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
TYPE OF DUPLICATION
PER COPY CHARGE
Paper Copy from Paper Original
$ 0.25
Diazo Copy of Microfiche - per sheet
$ 0.50
Paper Copy from Microfiche Original - per page
$ 0.50
Certification of Records
$ 2.00
Diskettes, Computer tapes, etc.
Actual Cost incurred by the Board.
Fees are subject to change depending upon the actual
				costs.