reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1225 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1225.295 - Division of Traffic Safety

Current through Register Vol. 48, No. 28, July 12, 2024
The Division of Traffic Safety is responsible for providing
				  Illinois motorists, cyclists, and pedestrians with the safest possible highway
				  environment by concentrating available resources in the most cost-efficient
				  manner so as to reduce traffic fatalities, injuries, and accidents. The
				  Division is responsible for the development and promulgation of regulations in
				  the areas of hazardous materials, vehicle inspection, and cycle rider
				  training.
a) The Bureau of Safety Data
				and Data Services is responsible for developing policies in the area of vehicle
				accident reporting, evaluating and analyzing accident data for use in devising
				countermeasures to decrease traffic deaths and injuries, and disseminating
				accident statistics and accident spot maps to traffic safety officials. It is
				also responsible for administering the Department's portion of the State's
				safety responsibility law. The Bureau maintains accident reports filed by
				motorists and law enforcement officers. It determines whether a person involved
				in an accident is required by law to make a deposit of security sufficient to
				satisfy a potential judgment. It certifies to the Secretary of State the names
				of persons involved in accidents, the determination that security is required
				and the amount of the security.
b)
				The Bureau of Safety Programs is responsible for developing policies in the
				area of State programs administered by the Division. Included are the State's
				Vehicle Inspection Program, Transportation of Hazardous Materials Program,
				Highway Safety Programs, and Cycle Rider Training Program. The comprehensive
				responsibilities include planning, implementation, and evaluation phases for
				each of the programs.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1225 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1225.300 - Division of Water Resources

Current through Register Vol. 48, No. 28, July 12, 2024
The Division of Water Resources is responsible for providing
				  the State with the capability for planning, design, land acquisition,
				  construction and maintenance of water resource projects. Responsibilities
				  include flood control, erosion control, surface drainage improvement, and water
				  supply and water allocation, including the allocation of water from Lake
				  Michigan and its watershed.
a) The
				Bureau of Administrative Services maintains fiscal records; establishes
				internal methods and procedures, including cost system and analysis; and
				supervises matters affecting financial and administrative transactions relating
				to personnel and business management. Accounts are maintained to reflect the
				use of funds appropriated for flood control, navigation, or other water
				resource projects authorized by the General Assembly.
b) The Bureau of Construction and Operations
				is responsible for supervision of all construction projects, material
				inspection, field and shop maintenance of State-owned equipment; and operation
				of lock, dam, water regulative control structure and navigation aids at
				McHenry.
c) The Bureau of Design
				and Land Rights is responsible for all final designs, contract plans,
				specifications, estimates of construction cost, structural plans, geotechnical
				exploration and designs, approval of shop plans, checking of bid prices and pay
				estimates, and acquisition of all land rights necessary for Division
				construction projects.
d) The
				Bureau of Planning is responsible for hydraulic engineering activities;
				preparation of authorized flood control, drainage and other water resource
				projects; preparation of reports, charts, maps and graphs; and responding to
				requests for local assistance and emergency flooding situations.
e) The Bureau of Program Development is
				responsible for compiling and analyzing physical and economic data to determine
				present and projected future water problems and formulating the most economical
				solutions to water problems.
f) The
				Bureau of Resource Management is responsible for regulating activities within
				or adjacent to Illinois rivers, lakes and streams; is responsible for
				allocating and monitoring water use from Lake Michigan; is responsible for
				developing a comprehensive program for waterborne transportation and commercial
				water activities for the State; is responsible for coordination of the National
				Flood Insurance program and assisting local governments with implementation of
				local flood plain regulatory programs.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1225 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Appendix A - Rulemaking Procedures › Exhibit A - Rulemaking on Motion of Secretary

Current through Register Vol. 48, No. 28, July 12, 2024
Click here to view
					 image
Numbers in blocks pertain to pertinent Sections of this
						Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1225 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Appendix A - Rulemaking Procedures › Exhibit B - Rulemaking on Petitions by persons other than the Secretary

Current through Register Vol. 48, No. 28, July 12, 2024
Click here to view
					 image
Numbers in blocks pertain to pertinent Sections of this
						Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart A - INTRODUCTION › Section 1226.10 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part is
				established to implement the provisions of the Freedom of Information Act
				[5 ILCS 140/1 ]. The
				purpose of this Part is to provide public access to the public records in the
				possession of this Department while, at the same time, protecting legitimate
				privacy interests and maintaining administrative efficiency.
b) This Part creates 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 Procedures Act
				[5 ILCS 100/5-15
				].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart A - INTRODUCTION › Section 1226.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Terms used in
				this Part shall have the same meaning as in the Freedom of Information
				Act.
b) "FOIA" means the Freedom of
				Information Act.
c) "Requester"
				means a person who submits a request for public records in accordance with this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart B - CLASSIFICATION OF RECORDS › Section 1226.100 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon a request meeting the requirements of this Part, the
				  Agency shall disclose to the requester all records requested except that it
				  shall not disclose certain records as provided in Section
				  1226.110
				  or
				  1226.120.
				  Records covered under this Section shall include, but not be 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
				1226.110(a)(5)(F)
				 of this Part. (Section 2.15(b) of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1226.200 - Submittal of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contact information for the FOI Officer
				can be found online at
www.dot.il.gov
.
b) FOIA requests may be submitted
				via mail, e-mail, fax or hand delivery. Requests should be mailed or hand
				delivered to:
Illinois Department of Transportation
2300 South Dirksen Parkway, Room 300
Springfield IL 62764
Attn.: FOIA Officer
c) E-mailed requests should be sent to
				dot.foiaofficer@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 217/524-0198, Attn.: FOIA
				Officer.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1226.210 - 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
				1226.310
				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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1226.220 - 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 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 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
				1226.110
				or
				1226.120;
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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.300 - 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
				such copies. If the Agency fails to respond to a request received, it will not
				treat the request as unduly burdensome as provided under Section
				1226.310.
				(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 7or 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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.310 - 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 shall do so in
				writing, specifying the reasons why it would be unduly burdensome and the
				extent to which compliance will so burden the operations of the Agency. Such a
				response shall be treated as a denial of the request for information. (Section
				3(g) of FOIA)
c) Repeated requests
				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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.315 - 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
				1226.20, within 21
				business days after receipt. The response will:
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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.320 - 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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.330 - 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
				1226.310,
				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
				1226.110
				or
				1226.120.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.350 - 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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.360 - 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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1226.400 - 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 2300 South
				Dirksen Parkway, Springfield, Illinois, or at another Agency facility agreed to
				by both the Agency and the requester. No original record shall be removed from
				State-controlled premises except under constant supervision of the agency
				responsible for maintaining the record. The Agency may provide records in
				duplicate forms, including, but not limited to, paper copies, data processing
				printouts, videotape, microfilm, audio tape, reel to reel microfilm,
				photographs, computer disks and diazo.
b) When a person requests a copy of a record
				maintained in an electronic format, the Agency shall furnish it in the
				electronic format specified by the requester, if feasible. If it is not
				feasible to furnish the records in the specified electronic format, then the
				Agency shall furnish it in the format in which it is maintained by the Agency,
				or in paper format at the option of the requester. (Section 6(a) of
				FOIA)
c) A requester may inspect
				records at the Agency's headquarters or at another Agency facility agreed to by
				both the Agency and the requester by appointment only, scheduled subject to
				space availability. The Agency will schedule inspection appointments to take
				place during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday
				through Friday, exclusive of State holidays. If the requester must cancel the
				viewing appointment, the requester shall so inform the Agency as soon as
				possible before the appointment.
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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1226.410 - Copying of Records; Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				accordance with Section
				1226.420,
				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
				1226.300,
				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
				1226.400,
				or at another Agency facility 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,
				whether disc, diskette, tape, or other medium, but the Agency will not charge
				the requester for the costs of any search for and review of the records or
				other personnel costs associated with reproducing the records. (Section 6(a) of
				FOIA) Payment must be by check or money order sent to the Agency, payable to
				"Treasurer, State of Illinois".
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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1226.420 - 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 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › 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
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 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - PROCEDURES FOR ENACTMENT OF RULES › Section 1250.110 - Initiation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposal for the
				adoption or enactment of new rules, the amendment of existing rules, repeal of
				a rule or the technical alteration of rules may be initiated by any Department
				employee or member of the general public. All such proposals shall be in
				writing and shall comply with the procedures of and be in the form of rules
				proposed and enacted under the Illinois Administrative Procedure Act [5 ILCS
				100 ].
b) All such proposals shall
				be forwarded directly to the Director, Department of Veterans' Affairs, at the
				Springfield Office of the Department.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - PROCEDURES FOR ENACTMENT OF RULES › Section 1250.120 - Enactment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director,
				Department of Veterans' Affairs, may send, return or remand any proposal to any
				employee, Division or subdivision of the Department for study, amendment,
				clarification, advice, counsel or assistance prior to or simultaneous to the
				review and approval of the proposal.
b) The Director shall have the final
				authority to review all proposals for the enactment of new rules, the amendment
				of existing rules, the repeal of a rule or the technical alteration of rules.
				The Director shall have authority to conduct meetings, hearings, investigations
				and other actions as are necessary and proper to ascertain if enactment of the
				proposal is in the best interests of the veterans, their survivors and
				dependents, the Department, its employees and the public.
c) The Director may approve or reject any
				proposal in his sole and absolute discretion. Exercise of discretion by the
				Director is not subject to review. The Director may approve a proposal in the
				form proposed or may amend, alter, change or revise any proposal prior to or
				subsequent to approval.
d) If the
				Director believes a proposal should be enacted as a rule of the Department, he
				shall cause it to be submitted to the Secretary of State in accordance with the
				provisions of the Illinois Administrative Procedure Act.
e) Proposals referred to the Director, but
				not approved by him, enacted within 60 days after receipt by the Director,
				shall be deemed to have been rejected.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - PROCEDURES FOR ENACTMENT OF RULES › Section 1250.130 - Validity and Severability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proposals not enacted in the form specified in this Part shall not be
				valid.
b) If any Section,
				subsection, provision, sentence or phrase of this Part shall later be
				invalidated by any administrative, legal or court action, the validity of the
				unaffected portions of this Part shall not be affected.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - PROCEDURES FOR ENACTMENT OF RULES › Section 1250.140 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part shall not apply to any proposal
				  for the enactment, amendment, repeal or alteration of a rule required by any
				  Act, statute, law, court order, appellate decision or order of the Governor,
				  which occurs prior to or subsequent to the effective date of this
				  Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.220 - Affirmative Action Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Affirmative Action Officer is responsible for the
				  Department Equal Employment Opportunity (EEO) program and serves as the
				  Department Affirmative Action Office.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.230 - Internal Auditor

Current through Register Vol. 48, No. 28, July 12, 2024
The Internal Auditor is responsible for implementing and the
				  operation of the Department's internal audit program, liaison with the Auditor
				  General's Office and implementation of accepted recommendations of outside
				  audit firms and conducting internal management audits.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.240 - Springfield Administrative Office

Current through Register Vol. 48, No. 28, July 12, 2024
This office is responsible for the administrative support for
				  the Office of the Director, Field Operations, and Internal Auditor in
				  Springfield.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.260 - Springfield Operations

Current through Register Vol. 48, No. 28, July 12, 2024
This division is responsible for the staff support services,
				  including Payroll, Timekeeping, Fiscal, Human Resources, and Labor
				  Relations.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.270 - Programs and Services Division

Current through Register Vol. 48, No. 28, July 12, 2024
This division is responsible for Planning, Training, Mailroom
				  and Supplies, EDP Operations, State Approval Agency (SAA), Affirmative Action
				  Officer, Special Projects for the Department, maintenance of all central
				  records, and the operation of all State grant programs.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.280 - State Approval Agency

Current through Register Vol. 48, No. 28, July 12, 2024
This division, under contract with the United States
				  Department of Veterans Affairs, is responsible for approving and supervising
				  those institutions offering educational, flight training, on-the-job training
				  and apprenticeship programs for veterans receiving benefits under the G.I.
				  Bill.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.290 - Home Operations

Current through Register Vol. 48, No. 28, July 12, 2024
This division is responsible for the administration and
				  operation of the Illinois Veterans Homes in Quincy, Manteno, LaSalle, and Anna,
				  Illinois. This division is also responsible for the policy analysis and
				  planning functions required for the Illinois Veterans Homes.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1250 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 1250.295 - Illinois Veterans Homes

Current through Register Vol. 48, No. 28, July 12, 2024
These facilities provide service to include domiciliary and
				  skilled nursing care for eligible Illinois veterans.
a) Administrator: The Administrator is
				responsible for the administration and operation of the Veterans
				Home.
b) Physical Services: This
				division is responsible for the operation of the laundry, dietary, security and
				maintenance functions at the Veterans Home.
c) Labor Relations and Human Resources: This
				division is responsible for the labor relations, payroll, and personnel
				functions required at the Veterans Home.
d) Resident Services: This division is
				responsible for those services relating directly to residents' care and
				comfort, including environmental care, activity and recreation, human and
				community relations, barbers and chaplain services.
e) Fiscal Services: This division is
				responsible for the business functions of the Veterans Home, including trust
				and amusement funds, property control, accounting, and general
				stores.
f) Medical Services: This
				division is responsible for providing all medical services required by the
				residents, including physicians, dental, medical records, pharmacy, laboratory,
				physical therapy and X-ray.
g)
				Nursing Services: This division is responsible for providing all necessary
				nursing functions required by the residents, including hospital, infirmaries,
				in-service training, emergency room, shoppers, restorative nursing, cottage
				nursing, inhalation therapy and environmental housekeeping in
				infirmaries.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart A - INTRODUCTION › Section 1270.110 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part is
				established to implement the provisions of the Freedom of Information Act
				(5 ILCS 140/1 et seq.)
				within the Department of Veterans' Affairs. The purpose is to support the
				policy of providing public access to the public records in the possession of
				the Department, 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 IllinoisAdministrative Procedures
				Act (5 ILCS 100/5-15
				).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart A - INTRODUCTION › Section 1270.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Terms used in
				these rules shall have the same meaning as in the Freedom of Information
				Act.
b) The following definitions
				are applicable for purposes of this Part:
1)
				"FOIA" means the Freedom of Information Act.
2) "Department" means the Illinois Department
				of Veterans Affairs.
3) "Requestor"
				means a person who submits a request for public records.
4) "Freedom of Information Officer" means the
				person designated by the Director of the Department as responsible for
				receiving requests for public records, and responding to those
				requests.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 1270.210 - Person to Whom Requests Are Submitted

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for public records pursuant to the Freedom of
				  Information Act shall be submitted to:
Freedom of Information Officer
Department of Veterans Affairs
P. O. Box 19432
833 South Spring Street
Springfield, Illinois 62794-9432
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 1270.220 - Form and Content of Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests for public records should be made in writing, and may be submitted on
				Freedom of Information Request forms as provided by the Department.
b) Oral requests will be considered and acted
				upon expeditiously. However, the required response times and the appeals
				procedures contained in the FOIA and these rules do not apply to oral
				requests.
c) The requestor shall
				provide the following information in a request for public records:
1) The requestor's full name, address, and
				telephone number.
2) A brief
				description of the public records sought, being as specific as
				possible.
3) Whether the request is
				for inspection of public records or for copies of public records.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart C - PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1270.310 - Time Limits for Department Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall respond to a written
				request for public records within seven working days after the receipt of such
				request.
b) The Department may give
				notice of an extension of time to respond which does not exceed an additional
				seven working days. Such an extension is allowable only if written notice is
				provided within the original seven working day time limit, and only for the
				reasons provided in Section 3(d) of the FOIA. Such notice of extension shall
				state why th extension is necessary.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart C - PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 1270.320 - Types of Department Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall respond to a written
				request for public records in one of three ways:
1) Approve the request
2) Approve in part and deny in part
3) Deny the request
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart D - PROCEDURES FOR APPEAL OF DENIAL › Section 1270.410 - Appeal of a Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) A requestor
				whose request has been denied by the Freedom of Information Officer may appeal
				the denial to the Director of the Department. The notice of appeal shall be
				made in writing, and may be submitted on a Freedom of Information Appeal form
				as provided by the Department. The notice of appeal shall be sent to:
Director
Department of Veterans Affairs
P. O. Box 19432,
833 South Spring Street
Springfield, Illinois 62794-9432
b) The notice of appeal shall include a copy
				of the original request, a copy of the denial as received by the requestor, and
				a statement of the reasons the appeal should be granted.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart D - PROCEDURES FOR APPEAL OF DENIAL › Section 1270.420 - Director's Response to an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall respond to an appeal within seven working
				  days after receiving that notice of appeal. The Director shall either affirm
				  the denial or provide access to the requested public records. Failure to
				  respond within seven working days may be considered by the requestor an
				  affirmation of the denial.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS › Section 1270.510 - Inspection of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Public records in the possession of the Department which are subject to
				inspection in accordance with FOIA, will be made available for inspection
				during normal office hours, usually at the office where those records are
				maintained.
b) The Freedom of
				Information Officer, or his or her designee, may be present throughout the
				inspection. A requestor may be prohibited from bringing bags, brief cases, or
				other containers into the inspection room.
c) During the inspection process, the
				requestor may indicate or segregate records which he or she wishes to have
				copied.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS › Section 1270.520 - Copies of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Generally, all copies will be made by Department employees, and copies shall be
				provided to the requestor only after payment of any applicable copying
				fees.
b) Fees for copies of public
				records shall be charged in accordance with a standard fee schedule for copying
				of public records, as established by the Department. Such fees such shall be
				reasonably calculated to reimburse actual cost for copying the public
				records.
c) If it is requested,
				copies of public records shall be certified as to their authenticity and
				accuracy. Fees for certification shall be charged in accordance with the
				standard fee schedule for certification of public records, as established by
				the Department.
d) Payment of fees
				shall be waived if the requestor is a State agency, a constitutional officer,
				or a member of the General Assembly. Fees may be waived or reduced in amount
				whenever the Freedom of Information Officer determines that such waiver or
				reduction of fees is in the public interest.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1270 - FREEDOM OF INFORMATION › Subpart E - PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS › Section 1270.530 - General Materials Available from the Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall make available to the public, at no
				  charge, the following materials:
a) A
				brief description of the Department
b) A listing of types and categories of
				public records maintained by the Department.
c) A brief description of the methods by
				which persons may request information and public records from the
				Department.
d) A schedule of
				standard fees charged for copying of public records and certification, as
				established by the Department.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1301 - ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY › Subpart A - INTRODUCTION › Section 1301.110 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Department of Employment Security 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 1301 - ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY › Subpart B - CLASSIFICATION OF RECORDS › Section 1301.201 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receiving a request meeting the requirements of this
				  Part, the Agency shall disclose to the requester all records requested except
				  that it shall not disclose certain records as provided in Section 1301.202 or
				  1301.203. Records covered under this Section shall include, but are not limited
				  to, records identified in Sections 2.5, 2.10, 2.15, and 2.20 of FOIA.
a)
Records of funds. All records
				relating to the obligation, receipt, and use of public funds of the
Agency
are public 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 public 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 public 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
FOIA
				Section (7)(1)(d)(vi)