reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.70 - Initiating an Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Investigations may be based on complaints from any source, including anonymous
			 sources, and may be self-initiated, without a complaint [605 ILCS
			 10/8.5(d) ].
1) The OIG shall receive and investigate
			 complaints or information from an employee of the Authority concerning the
			 possible existence of an activity constituting a violation of law, rules or
			 regulations, mismanagement, abuse of authority, or substantial and specific
			 danger to the public health and safety [605 ILCS
			 10/8.5(f)(9) ].
2) The OIG also investigates allegations of
			 fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or
			 malfeasance [605 ILCS
			 10/8(e)(1) ].
3) The OIG shall review hiring and employment
			 files of the Authority to ensure compliance with Rutan v. Republican Party of
			 Illinois, 497 U.S. 62(1990), and with all applicable employment laws
			 [605 ILCS
			 10/8.5(f)(7) ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.80 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once an
			 investigation has been opened, it shall be assigned a unique tracking number
			 and the Inspector General shall assign an investigator to conduct the
			 investigation.
b) At a minimum, all
			 investigations are required to be conducted autonomously, independent of
			 direction from the Authority, impartially, and in a professional and timely
			 manner. Investigations shall be properly documented to ensure the appropriate
			 handling and correct recording of all investigations.
c) Possible methods of investigation include,
			 but are not limited to, the following:
1) Site
			 visits.
2) Telephone
			 contacts.
3) Personal
			 interviews.
4) Requests for written
			 responses.
5) Voluntary production
			 of documents and/or information.
6)
			 Seizure and analysis of State, vendor or subcontractor property and documents,
			 including electronic files and databases.
7) Document requests.
8) Subpoenas for records and/or
			 testimony.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.90 - Interaction with Law Enforcement and Other Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OIG shall participate in or conduct,
			 when appropriate, multi-jurisdictional investigationsprovided the investigation
			 involves the Authority in some way, including, but not limited to, joint
			 investigations with the Office of the Governor's Executive Inspector General,
			 or with State, local, or federal law enforcement authorities [605 ILCS
			 10/8.5(f)(5) ].
b) The Inspector General shall serve as the
			 Authority's primary liaison with law enforcement, investigatory, and
			 prosecutorial agencies [605 ILCS
			 10/8.5(f)(6) ].
1) As such, Authority employees shall report
			 all known or suspected criminal acts impacting or resulting from the duties of
			 employees to the Inspector General, who will coordinate with the relevant
			 local, State, or federal law enforcement authorities.
2) The Inspector General may render
			 investigative assistance to law enforcement, investigatory and prosecutorial
			 agencies, the OEIG, Authority personnel, or other State agencies. The
			 assistance may include multi-jurisdictional investigations or the Inspector
			 General may pursue an investigation independently.
3) As the liaison, the Inspector General may
			 request any information or assistance that may be necessary for carrying out
			 his or her duties and responsibilities from any local, State or federal
			 governmental agency or unit thereof [605 ILCS
			 10/8.5(f)(6) ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.100 - Summary Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Toll
			 Highway Inspector General, upon the conclusion of an investigation, determines
			 that reasonable cause exists to believe that fraud, waste, abuse,
			 mismanagement, misconduct, nonfeasance, misfeasance, or malfeasance has
			 occurred, then the Toll Highway Inspector General shall issue a summary report
			 of the investigation [605 ILCS
			 10/8.5(e)(1) ].
b) The summary report of the investigation
			 shall include the following:
1) The unique
			 tracking number assigned to the investigation.
2) A summary of the investigative steps
			 taken. The OIG need not disclose any confidential investigatory
			 techniques.
3) A description of any
			 allegations or other information received by the Toll Highway Inspector General
			 pertinent to the investigation.
4)
			 A description of any alleged misconduct discovered in the course of the
			 investigation.
5) Recommendations
			 for any corrective or disciplinary action to be taken in response to any
			 alleged misconduct described in the report, including but not limited to
			 discharge.
6) Other information the
			 Toll Highway Inspector General deems relevant to the investigation or resulting
			 recommendations [605 ILCS
			 10/8.5(e)(2) ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.110 - Written Statements

Current through Register Vol. 48, No. 28, July 12, 2024
The Inspector General shall provide the appropriate authority
				with a written statement of his or her decision to close an investigation when
				the Toll Highway Inspector General concludes that there is insufficient
				evidence that a violation has occurred [605 ILCS
				10/8.5(e)(4) ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.120 - Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) After completing
			 an investigation, the Inspector General may make recommendations to the
			 appropriate authority.
b) Examples
			 of the types of recommendations that may be made include, but are not limited
			 to:
1) Corrective or remedial action against
			 any person or entity that falls under the OIG's jurisdiction.
2) Suspension or debarment of a contractor,
			 vendor, subcontractor or others doing business with the Authority.
3) Discipline up to and including
			 discharge.
4) Methods and
			 procedures to increase the integrity of the Authority and/or prevent fraud,
			 corruption, waste and mismanagement in the Authority.
5) Coordination, reform, review or creation
			 of policies, practices, methods or procedures.
6) Case-specific action.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.130 - Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The appropriate
			 authority shall determine, and state in its response, whether to accept, reject
			 or request a modification of each recommendation.
1) If the recommendation is accepted, the
			 appropriate authority shall describe how it will be implemented and the
			 expected timeframe for a final disposition of the recommendation.
2) If the recommendation is rejected, the
			 appropriate authority shall explain its rationale for the rejection.
3) If a modification of the recommendation is
			 requested, the appropriate authority shall explain its rationale for the
			 request and propose an alternate recommendation.
4) The appropriate authority may include any
			 other relevant information it deems necessary to explain and/or describe its
			 response.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.140 - Release of Summary Reports and Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Summary reports shall bedeliveredto the
			 appropriate authority, which shall have 20 days to respond to the report
			 [605 ILCS
			 10/8.5(e)(1) ].
b) If the Inspector General intends to make a
			 summary report public, the summary report and response shall be redacted for
			 information that may reveal the identity of witnesses, complainants or
			 informants or other information the Inspector General believes should not be
			 made public (see
			 605 ILCS
			 10/8.5(e)(3) ).
c) The redacted summary report and documents
			 to be made public shall be forwarded to the appropriate authority and the
			 respondent. Each may offer, within 15 days, suggestions for redaction or
			 provide a response that shall be made public with the summary report. The
			 Inspector General has the sole and final authority to decide what redactions
			 should be made [605 ILCS
			 10/8.5(e)(3) ].
d) After considering the suggestions for
			 redaction, if any, the OIG shall reassess what should be made public and may
			 post the summary report and response on the Authority's website.
e) Summary reports that result in a 3 day
			 suspension or greater or the termination of the employee shall be made public
			 by presenting the report to the Board of the Authority and posting it on the
			 Authority's website within 60 days after issuance of the summary report (see
			 605 ILCS
			 10/8.5(e)(3) ).
f) The Inspector General may make available
			 to the public any other summary report and any such responses or a redacted
			 version of the report and responses [605 ILCS
			 10/8.5(e)(3) ]. This includes any
			 communications regarding requests for additional information and/or updates to
			 responses between the OIG and the appropriate authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3430 - OFFICE OF THE INSPECTOR GENERAL › Section 3430.150 - Bi-Annual Summary of Reports and Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
The Toll Highway Inspector General shall provide to the
				Governor, the Board of the Authority, and the General Assembly a summary of
				reports and investigations made under this Section no later than March 31 and
				September 30 of each year.
a) The
			 summaries shall detail the final disposition of the Inspector General's
			 recommendations.
b) The summaries
			 shall not contain any confidential or identifying information concerning the
			 subjects of the reports and investigations.
c) The summaries shall also include detailed,
			 recommended administrative actions and matters for consideration by the
			 Governor, the Board of the Authority, and the General Assembly [605 ILCS
			 10/8.5(m) ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.10 - Commission Members

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Illinois Torture Inquiry and Relief Commission consists of 8 voting
primary
members as follows:
1)
One retired Circuit Court
				Judge.
2)
One
				former prosecuting attorney.
3)
One law school
				professor.
4)
One
				who is engaged in the practice of criminal defense law.
5)
Three members of the public who
				are not attorneys and who are not officers or employees of the judicial
				branch
.
The three Commissioners described in this
				subsection (a)(5) shall be known as the "Public Member
				Commissioners".
6)
One
				former public defender.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.20 - Chair of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
The retired judge who is appointed as a member shall serve as
				  Chair of the Commission. [775 ILCS
				  40/20(b) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.30 - Terms of Members

Current through Register Vol. 48, No. 28, July 12, 2024
a) Of the
				initial members, the appointments under Section
				3500.10(a)(3) and
				(6) are for one-year terms, the appointments
				under Section
				3500.10(a)(1),
				(2), and (4) are for 2-year terms, and the
				appointments under Section
				3500.10(a)(5)
				are for3-year terms. Thereafter, all terms shall be for 3 years. Members of the
				Commission shall not serve more than 2 consecutive 3-year terms, plus any
				initial term of less than 3 years. Unless provided otherwise by the Act, all
				terms of members begin on January 1 and end on December 31.
b) Members serving by virtue of elective or
				appointive office may serve only so long as the office holders hold those
				respective offices. The Chief Judge of the Cook County Circuit Court may remove
				members for good cause shown. Vacancies occurring during the expiration of a
				term shall be filled in the manner provided for the members first appointed.
				[775 ILCS
				40/25(a) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.40 - Compensation and Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
Commission members receive no salary for serving, but may be
				  reimbursed for reasonable expenses incurred as a result of their duties as
				  members of the Commission from funds appropriated by the General Assembly for
				  the purpose, or from funds obtained from sources other than the General
				  Assembly. [775
				  ILCS 40/25(b) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.50 - Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission employs a Director,who is an attorney licensed
				  to practice in Illinois. The Director assists the Commission in developing
				  rules and standards for cases accepted for review, coordinating investigation
				  of cases accepted for review, maintaining records for all case investigation,
				  preparing reports outlining Commission investigations and recommendations to
				  the trial court, and applying for and accepting on behalf of the Commission any
				  funds that may become available from government grants, private gifts,
				  donations, or bequests from any source. [775 ILCS
				  40/30 ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart A - ORGANIZATION › Section 3500.60 - Other Staff

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the approval of the Chair, the Director employs
				  such other staff and contracts for services as is necessary to assist the
				  Commission in the performance of its duties, and as funds permit.
				  [775 ILCS
				  40/30 ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart B - PUBLIC INFORMATION › Section 3500.210 - Commission Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The official
				record in every claim filed with the Commission consists of the Claim Form (see
				20 Ill. Adm. Code 2000.Appendix B) and all subsequent pleadings, notices,
				subpoenas, evidence received, photographs, waiver forms, computer disks,
				transcripts, briefs, reports, memoranda, orders, findings of fact and decisions
				and amendments to these documents.
b) The official record is confidential and
				not subject to public disclosure until after the Commission's final decision in
				the case, except as otherwise provided in this Part, the Freedom of Information
				Act [5 ILCS 140 ], or the Open Meetings Act [5 ILCS 120 ].
c) After the Commission's final decision on
				the claim, the official record shall be available for public inspection upon
				making appropriate arrangements with the Director.
d) Inspection of any records that are
				available for that purpose shall be permitted only at the Commission's office.
				Inspection appointments shall take place only during normal business hours,
				which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State
				holidays. Persons inspecting records shall not be permitted to take briefcases,
				folders, or similar materials into the room where inspection takes place. A
				Commission employee may be present during inspection. Records to be copied will
				be identified and segregated during the course of the inspection.
e) When a person requests a copy of a record
				maintained in an electronic format, the Commission shall furnish it in the
				electronic format specified by the person. If it is not feasible to furnish the
				record in the specified electronic format, then the Commission shall furnish it
				in the format in which it is maintained by the Commission, or in paper format,
				at the option of the person making the request.
f) Copying Fees
1) The Commission will provide copies of
				records and certification of records in accordance with the maximum fee allowed
				under Section 6 of the Freedom of Information Act.
2) Copies of records will be provided only
				after payment of any fees due. Payment must be by certified or cashier's check,
				or by money order, payable to "Treasurer, State of Illinois".
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.320 - Quorum

Current through Register Vol. 48, No. 28, July 12, 2024
A majority of the voting members constitutes a quorum. All
				  Commission votesare bya majority vote of the appointed voting members
				  [775 ILCS
				  40/20(b) ], except for votes to refer
				  cases to the Circuit Court, which require 5 affirmative votes (see
				  775 ILCS
				  40/45(c) ).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.330 - Claim of Torture

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request for
				a formal inquiry into a claim of torture is accomplished by filing a Claim Form
				(see 20 Ill. Adm. Code 2000.Appendix B):
1)
				Any individual, court or agency may complete and file a Claim Form on behalf of
				a living person asserting a claim of torture.
2) Any person may call or write the
				Commission to request that a Claim Form be mailed or faxed to that person in
				order to file a claim. The Commission also maintains a website (
www.Illinois.gov/ihrc
) from which a Claim
				Form may be printed or downloaded.
3) A completed Claim Form may be filed by
				either mailing it to the Illinois Torture Inquiry and Relief Commission, 100 W.
				Randolph St., Ste. 10-300, Chicago IL 60601, or by faxing it to the
				Commission's office.
4) A claimant
				may use the Claim Form supplied by the Commission or a letter communicating
				substantially the same information requested in the Claim Form.
5) A Claim Form shall be considered filed on
				the date it is mailed or transmitted to the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.340 - Initial Screening of Claim Form

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of the Claim Form, the
				Director, or his or her designee, will conduct an initial screening of the
				Claim Form to determine whether it satisfies the following minimum criteria
				required for the Commission to consider a claim of torture:
1) The Claim Form is properly
				completed;
2) The claim meets the
				definition of "claim of torture" contained in 20 Ill. Adm. Code
				2000.10;
				and
3) The Claim Form is timely
				filed by August 10, 2019. (See
				775 ILCS
				40/70.)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.360 - Informal Inquiry and Summary Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the completed Claim Form and Waiver
				Form have been received, an informal inquiry shall be performed by the Director
				or his or her designee to determine whether additional investigation is
				warranted.
b) The Director or his
				or her designee may issue, serve and enforce subpoenas pursuant to Section
				3500.375(a)(1) and
				(a)(5) to compel the production of evidence
				as part of an informal inquiry for purposes including, but not being limited
				to, obtaining documents relating to claims, determining whether a formal
				inquiry is warranted, and obtaining victim notification information.
c) If, after completion of the informal
				inquiry, the Director finds that there appears to be no reasonable possibility
				that the claim is credible, the Director shall recommend to the Commission that
				the claim be summarily dismissed. A written report will be prepared documenting
				this finding and will be presented to the Commission for its review.
d) The Commission shall vote to accept or
				reject the Director's recommendation by majority vote of the voting members
				present. At least 4 members must vote to accept the recommendation for the
				claim to be dismissed.
e) If the
				Commission accepts the Director's recommendation, the convicted person, and the
				person filing the Claim Form if other than the convicted person, shall be
				notified in writing that the claim has been summarily dismissed and the reasons
				for the dismissal.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.375 - Formal Inquiry

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the claim
				is not summarily dismissed, a formal inquiry will be initiated by the Director
				on behalf of the
Commission.
In conducting the formal inquiry,
any measure provided in the Code of Civil Procedure
[ 735 ILCS
				5 ]
and the Code of Criminal Procedure of 1963
[ 725 ILCS 5 ]
				may be used
to obtain
information necessary to the
				inquiry
, including but not limited to:
1) Issuing and serving
subpoena
s
or other process to compel the attendance of
				witnesses and the production of evidence
;
2)
Administering
				oaths
;
3) Issuing written
				interrogatories;
4) Conducting oral
				depositions;
5) Petitioning the
appropriate Circuit Court for enforcement of process or for other
				relief,
such as contempt; [
				775
				ILCS 40/40(d) ]
6) Conducting physical and/or psychological
				examinations of the convicted person to ascertain evidence of
				torture;
7) Hiring experts or other
				specialists as needed to assist the Commission in the inquiry; and
8) Conducting on-site visits to detention
				centers or other locations where torture is alleged to have taken
				place.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.380 - Evidentiary Proceedings Before the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Commission elects to hold an
				evidentiary hearing, the following procedures will apply:
1) At the hearing, all relevant evidence from
				the formal inquiry shall be presented to the full Commission in summary form as
				part of the Director's report and recommendation.
2) The Director shall present the additional
				evidence the Commission has elected to consider, unless the Commission orders
				otherwise.
3) All testimony taken
				shall be under oath or affirmation.
4) The appearance of a witness necessary for
				the taking of evidence, including the convicted person, may be compelled by
				serving a subpoena upon that person in accordance with the procedures set forth
				in 20 Ill. Adm. Code
				2000.40. The subpoena
				also may require the production at the hearing of documents or
				things.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.385 - Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All 8 voting
				members of the Commission, including alternate members if necessary, shall
				participate in that vote. [775 ILCS
				40/45(c) ]
b) If at least 5 or more of the 8 voting
				members of the Commission conclude by a preponderance of the evidence that
				there is sufficient evidence of torture to merit judicial review, the case
				shall be referred to the Chief Judge of the Circuit Court of Cook County by
				filing with the Clerk of the Court the opinion of the Commission with
				supporting findings of fact as well as the administrative record in support of
				such opinion. Any written dissents from the decision by a member of the
				Commission shall also be filed. A copy of these materials shall be served on
				the State's Attorney.
1) Given the statutory
				standard (Section 45(b) of the Act), the Commission may find that there is
				significant evidence of torture that is sufficient for it to conclude that a
				claim merits judicial review without the Commission also finding that it is
				more likely than not that any particular fact occurred.
2) The Commission may, but is not required
				to, find that it is more likely than not that one or more particular facts
				occurred. If it does so, it shall so state in its decision.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.386 - Factors Considered in Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission will consider all relevant
				factors in making its decision. These factors may include:
1) Whether the person has consistently
				claimed to have been tortured;
2)
				Whether the claim was first made shortly after the incident in
				question;
3) Whether the claim is
				corroborated by medical evidence;
4) Whether the claim is corroborated by
				observations made by others of the physical and emotional condition of the
				claimant shortly after the alleged torture;
5) Whether the claim is strikingly similar to
				other claims of torture contained in the Reports of the Chicago Police
				Department's Office of Professional Standards, and the Report of the Special
				State's Attorney, regarding their investigations of Jon Burge and police
				officers under his command, and/or to evidence introduced at the criminal trial
				of Jon Burge;
6) Whether the
				officers accused are identified in other cases alleging torture;
7) Whether the claim of torture is consistent
				with the Office of Professional Standards' findings of systematic and
				methodical torture at Area 2 under Jon Burge;
8) The length of time, if any, since the
				accused officer had served under Jon Burge;
9) Whether the strength of the evidence
				against the claimant, in a particular case, could bear on a possible motive for
				having coerced a confession.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.390 - Notification of Crime Victim

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				formal inquiry is initiated, the Commission, through its Director, shall use
				all due diligence to give written notification to the victim in the case,
				explaining the inquiry process and notifying the victim of the right to present
				the victim's views and concerns throughout the inquiry.
b) The Director shall use all due diligence
				to notify the victim in writing at least 30 days before any proceedings of the
				full Commission held in regard to the case involving the victim. The victim
				shall also be notified that the victim is permitted to attend proceedings of
				the full Commission otherwise closed to the public, subject to any limitations
				imposed by the Act and subject to Section 2(c)(14) of the Open Meetings Act. If
				the victim plans to attend proceedings otherwise closed to the public, the
				victim must notify the Director in writing at least 10 days in advance of the
				proceedings of his or her intent to attend. [775
				ILCS 40/45(b) ]
c) Notwithstanding the requirements of
				subsection (b), the Commission may close any portion of the proceedings to the
				victim, if the victim is to testify and the Commission determines that the
				victim's testimony would be materially affected if the victim hears other
				testimony at the proceeding. [775 ILCS
				40/45(b) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.395 - Commission Reports to General Assembly and Governor

Current through Register Vol. 48, No. 28, July 12, 2024
a) On January 1 of each year, the Commission
				shall report on its activities to the General Assembly and the
				Governor.
b) The report may contain
				recommendations of any needed legislative changes related to the activities of
				the Commission. The report shall also recommend the funding needed by the
				Commission, the State's Attorneys and the Department of State Police in order
				to meet the responsibilities of each agency under the Act. Recommendations
				concerning the State's Attorneys or the Department of State Police shall only
				be made after consultations with the Illinois State's Attorneys Association,
				the Department of State Police and the Attorney General. [775 ILCS
				40/60 ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart D - RULEMAKING › Section 3500.410 - Adoption of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission adopts rules in accordance with the Illinois
				  Administrative Procedure Act [5 ILCS 100 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart A - INTRODUCTION › Section 3700.100 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part satisfies the rulemaking requirements of Section
				  5-15 of the IAPA and implements Section 4 of FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart B - ORGANIZATION › Section 3700.200 - Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall
				have a Director appointed pursuant to Section 20-5(d-6) of the State Officials
				and Employees Ethics Act [5 ILCS
				430/20-5 (d-6)].
b) The Agency's Director shall serve as the
				chief executive officer of the Agency.
c) The Director or the Director's designee
				shall submit for approval by the Agency a proposed operating budget for the
				next fiscal year.
d) The Director
				shall supervise the activities of the Agency staff in fulfillment of and
				compliance with the requirements of the Illinois Power Agency Act and
				requirements of all other authorizing Acts.
e) The Agency staff shall be considered under
				the employ of the Agency for all purposes.
1)
				The organization and duties of the Agency and its staff are established by the
				Director, and as provided by Sections 1-70, 1-75 and 1-80 of the Act. The
				organization structure of the Agency is as depicted in Appendix A.
2) The Agency shall have positions for a
				Chief Fiscal Officer and a Chief Legal Counsel, who shall report to the
				Director and coordinate with and provide support to the Bureau Chiefs and the
				respective bureaus. The Chief Fiscal Officer and Chief Legal Counsel may,
				through the Director, hire such staff as the Director determines to be
				necessary to carry out their respective duties.
3) The Agency may also employ other
				professional staff to carry out its functions and mandates.
4) To the extent that one or more positions
				in the Agency organization are open, the Director may assign current staff or
				procure outside consultants (to the extent authorized by law) to fulfill the
				tasks of the open positions.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart B - ORGANIZATION › Section 3700.210 - Absence or Disability of Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may select a person or position title who shall
				  serve as Director Pro Tem in the event of absence or disability of the
				  Director. In the event no selection has been made, the Bureau Chief with the
				  most service time with the Agency shall serve as Director Pro
				  Tem.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart C - RULEMAKING › Section 3700.300 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposed
				rules shall be drafted by the Agency's legal counsel with appropriate
				participation of other agency staff members. Proposed rules are circulated to
				the Director and other appropriate Agency staff members for review and comment.
				Final adopted rules shall only be approved by the Director.
b) Any interested person may request that the
				Agency make, amend or repeal an Agency rule.
1) The request shall be addressed to:
Chief Legal Counsel
Illinois Power Agency
Michael A. Bilandic Building
160 N. LaSalle St., Suite C-504
Chicago IL 60601
2) The request shall contain a clear
				statement of reasons for the proposed rule, amendment or repeal and the exact
				language of the suggested new rule or amendment. The request shall also contain
				contact information for the submitting individual or entity, including name,
				address, telephone number and electronic mail address.
3) At least two copies shall be sent or
				delivered to the Director at the Agency's Chicago office. Any request filed in
				accordance with this Section shall be considered by the Director and the
				requestor shall be notified in writing as to its disposition. Any person may
				send a copy via electronic mail instead of two paper copies.
4) If, within 30 days after submission of the
				request to the Agency, the Agency has not initiated rulemaking proceedings in
				accordance with Section 5-35 of the IAPA, the request shall be deemed to have
				been denied.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - CONTACTING THE AGENCY › Section 3700.400 - Contacting the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing
				Documents with the Agency
1) To the extent
				that an authorizing Act, Agency rule, or formal request by the Agency provided
				to a party requires a specific procedure or recipient list for filing a
				document, the party shall follow that procedure.
2) If no Authorizing Act, Agency rule, or
				formal Agency request has been issued, a document shall be considered "filed"
				if it is sent by regular or electronic mail to the Director or the Director's
				designee. If the Authorizing Act, Agency rule, or formal Agency request does
				not identify a designee, transmission by regular or electronic mail to the
				Director is sufficient.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - CONTACTING THE AGENCY › Section 3700.410 - Agency Internet Access

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall maintain an internet domain website to
				  provide information regarding the Agency's activities. The internet site is
				  located at
http://www.illinois.gov/ipa
. The
				  Agency will comply with the State of Illinois Information Technology
				  Accessibility Act [30 ILCS 587 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - CONTACTING THE AGENCY › Section 3700.420 - Documents Filed with Agency, Confidentiality Preserved

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents filed with the Agency may be
				posted on the Agency website identified in Section
				3700.410
				of this Part. All documents that the Agency must post pursuant to law or
				regulation shall be posted to the website.
b) The Agency shall provide adequate
				protection for confidential and proprietary information furnished, delivered,
				or filed by any person, corporation, or other entity [20
				ILCS 3855/1-120 ]. To the extent any interested party
				or individual provides confidential or proprietary information, the Agency may
				request a non-confidential, redacted version for public posting.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart D - CONTACTING THE AGENCY › Section 3700.430 - Confidential Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party
				may request a written predetermination from the Director as to whether
				information to be provided to the Agency is confidential and proprietary
				information prior to the information being furnished, delivered, or filed by
				any person, corporation, or other entity [20
				ILCS 3855/1-120 ]. The request must come in writing,
				via regular mail or electronic mail, to the Director. The Director or the
				Director's designee shall reply within 10 business days.
b) Nothing in this Part shall inhibit the
				ability for the Agency to enter into agreements to protect confidential
				information of any interested party or individual seeking protection of
				confidential information pursuant to Section 1-120 of the Act [20 ILCS 3855
				].
c) The Agency will attempt to
				protect from disclosure under FOIA any information the Agency determines to be
				confidential, whether or not subject to a confidentiality agreement, to the
				extent authorized by Illinois law and pursuant to Subpart E of this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.500 - Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				requests for public records shall be submitted in writing in one of the
				following manners:
1) Via regular mail to the
				address listed in Section
				3700.300(b)(1)
				of this Part, to the attention of the Chief Legal Counsel, "FOIA
				Request".
2) Electronically, using
				the feedback form on the Agency's website located at:
http://www2.illinois.gov/ipa/Pages/Feedback_Form.aspx
.
				If submitted electronically, the request must conspicuously mention "Freedom of
				Information Act", "FOIA", or 5 ILCS 140.
3) Via hand delivery, to the Chief Legal
				Counsel at the Agency's headquarters at the address listed in Section
				3700.300(b)(1)
				of this Part. If submitted by hand delivery, the request must conspicuously
				include in writing "Freedom of Information Act", "FOIA", or 5 ILCS
				140.
4) Via fax. If submitted by
				fax, the request must conspicuously mention "Freedom of Information Act",
				"FOIA", or 5 ILCS 140.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.505 - Freedom of Information Officer

Current through Register Vol. 48, No. 28, July 12, 2024
Any duties required of the Freedom of Information Officer
				  under FOIA shall be carried out by or under the supervision of the Agency's
				  Chief Legal Counsel.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.510 - 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 shall disclose to the requester all records requested except that it
				  shall not disclose certain records as provided in Sections
				  3700.520
				  or
				  3700.530 of
				  this Part. 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
				3700.520(a)(5)(F)
				 of this Part. (Section 2.15(b) of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.540 - 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 Sections
				3700.520
				or
				3700.530 of
				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. (Section 3.1(a) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.550 - 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
				3700.560.
				(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 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.560 - 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 3700 - ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION › Subpart E - FREEDOM OF INFORMATION REQUESTS › Section 3700.570 - 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.