reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2675 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart C - ORGANIZATION › Section 2675.260 - Advisory Committee

Current through Register Vol. 48, No. 28, July 12, 2024
The IELRB may establish an advisory committee, including
				  subcommittees thereof, composed of individuals who appear before the Board, or
				  who otherwise do business with our Board, in order to act in an advisory
				  capacity to the Board on certain Agency matters.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart A - INTRODUCTION › Section 2676.100 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Illinois Educational Labor Relations Board (Agency)
				for making its records available for reasonable public inspection while, at the
				same time, protecting legitimate interests in confidentiality.
b) This Part:
1) Establishes the following classifications
				for records in the Agency's possession:
A)
				Records that shall be disclosed; and
B) Records that shall be withheld from
				disclosure;
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart B - CLASSIFICATION OF RECORDS › Section 2676.200 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request meeting the requirements of this Part, the
				  Agency shall disclose to the requester all records requested except that it
				  shall not disclose certain records as provided in Section 2676.205 or 2676.210.
				  Records covered under this Section shall include, but are not limited
				  to:
a)
Records of funds. All
				records relating to the obligation, receipt and use of public funds of the
				Agency are records subject to inspection and copying by the public.
(Section 2.5 of FOIA)
b)
Payrolls. Certified payroll records submitted to the Agency under
				Section 5(a)(2) of the Prevailing Wage Act
[ 820 ILCS 130 ]
are records subject to inspection and copying in accordance with the
				provisions of FOIA; except that contractors' and employees' addresses,
				telephone numbers, and Social Security numbers will be redacted by the Agency
				prior to disclosure.
(Section 2.10 of FOIA)
c)
Criminal history records. The
				following documents maintained by the Agency pertaining to criminal history
				record information are records subject to inspection and copying by the public
				pursuant to FOIA:
1)
Court
				records that are public;
2)
Records that are otherwise
				available under State or local law; and
3)
Records in which the requesting
				party is the individual identified, except as provided under Section
				7(d)(1)(vi) of FOIA.
(Section 2.15(b) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart B - CLASSIFICATION OF RECORDS › Section 2676.205 - Records that Will Be Withheld from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Showings of interest submitted to the
				Agency in connection with petitions in representation cases and materials
				generated by the Agency's investigations of those showings.
b) Files in pending unfair labor practice,
				representation and fair share cases.
c) Records in representation cases
				potentially identifying voters (or non-voters) and the character of their votes
				in secret ballot elections conducted by the Agency.
d) Affidavits submitted to or prepared by
				Agency staff in unfair labor practice cases and the identity of the persons
				giving the affidavits.
e) For other
				exemptions from FOIA that are stated in FOIA, see Section 7(1) of
				FOIA.
f)
A record that is
				not in the possession of the Agency but is in the possession of a party with
				whom the Agency has contracted to perform a governmental function on behalf of
				the Agency, and that directly relates to the governmental function and is not
				otherwise exempt under FOIA, shall be considered a record of the Agency for
				purposes of
Subpart C. (Section 7(2) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart B - CLASSIFICATION OF RECORDS › Section 2676.210 - Statutory Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Information that is prohibited from disclosure under the Uniform Mediation Act
				[ 710 ILCS 35 ].
b) For other
				exemptions from FOIA that are stated in other statutes, see Section 7.5 of
				FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 2676.300 - Submittal of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any request for public records should be submitted in writing to the FOI
				Officers at the Agency.
b) The
				Agency has 2 FOI Officers, located in the Chicago Office.
c) Contact information for each FOI Officer
				can be found online at www.Illinois.gov/Pages/FOIAContacts.
d) FOIA requests may be submitted via mail,
				e-mail, fax, or hand delivery. Requests should be mailed or hand delivered to:
Illinois Educational Labor Relations Board
160 North LaSalle Street, Suite N-400
Chicago IL 60601-3103
Attn: FOI Officer
e) E-mailed requests should be sent to
				ELRB.mail@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 312/793-3369, Attn: FOI
				Officer.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 2676.305 - Information To Be Provided in Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
A request for records should include:
a) The complete name, mailing address and
				telephone number of the requester;
b) As specific a description as possible of
				the records sought. Requests that the Agency considers unduly burdensome or
				categorical may be denied. (See Section 3(g) of FOIA and Section 2676.405 of
				this Part.);
c) A statement as to
				the requested medium and format for the Agency to use in providing the records
				sought: for example, paper, specific types of digital or magnetic media, or
				videotape;
d) A statement as to the
				requested manner for the Agency to use in providing the records sought: for
				example, inspection at Agency headquarters or providing paper or electronic
				copies;
e) A statement as to
				whether the requester needs certified copies of all or any portion of the
				records, including reference to the specific documents that require
				certification; and
f) A statement
				as to whether the request is for a commercial purpose.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 2676.310 - Requests for Records for Commercial Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
a)
It is a violation of FOIA for a
				person to knowingly obtain a record for a commercial purpose without disclosing
				that it is for a commercial purpose if requested to do so by the
				Agency.
(Section 3.1(c) of FOIA)
b)
The Agency 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 2676.205 or 2676.210;
3)
Notify the requester that the
				request is unduly burdensome and extend an opportunity to the requester to
				attempt to reduce the request to manageable proportions; or
4)
Provide the records
				requested.
(Section 3.1(a) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 2676.315 - Records Maintained Online

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any provision of
FOIA
to the contrary,
				a public body is not required to copy a public record that is published on the
				public body's website. The public body shall notify the requester that the
				public record is available online and direct the requester to the website where
				the record can be reasonably accessed.
b)
If the person requesting the
				public record is unable to reasonably access the record online after being
				directed to the website pursuant to subsection (a), the requester may resubmit
				his or her request for the record stating his or her inability to reasonably
				access the record online, and the public body shall make the requested record
				available for inspection or copying as provided in Section 3 of
FOIA.
				(Section
				8.5 of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.400 - Timeline for Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), the Agency will respond to any
				written
request for records within 5 business days after its receipt of
				the request. Failure to comply with a written request, extend the time for
				response, or deny a request within 5 business days after its receipt shall be
				considered a denial of the request. If the Agency fails to respond to a request
				within the requisite periods in this
subsection (a)
but
				thereafter provides the requester with copies of the requested records, it will
				not impose a fee for
those
copies. If the Agency fails to
				respond to a request received, it will not treat the request as unduly
				burdensome as provided under
Section 2676.405. (Section 3(d) of FOIA)
				A written request from the Agency to provide additional information shall be
				considered a response to the FOIA request.
b)
The time limits prescribed
				in
subsection (a)
may be extended for not more than 5 business
				days from the original due date for any of the following reasons:
1)
The requested records are stored
				in whole or in part at locations other than the office having charge of the
				requested records;
2)
The request requires the collection of a substantial number of
				specified records;
3)
The request is couched in categorical terms and requires an extensive
				search for the records responsive to it;
4)
The requested records have not
				been located in the course of routine search and additional efforts are being
				made to locate them;
5)
The requested records require examination and evaluation by personnel
				having the necessary competence and discretion to determine if they are exempt
				from disclosure under Section 7
or 7.5 of FOIA or should be
				revealed only with appropriate deletions
;
6)
The request for records cannot be
				complied with by the Agency within the time limits prescribed by
subsection (a)
without unduly burdening or interfering with the
				operations of the Agency; or
7)
There is a need for consultation,
				which shall be conducted with all practicable speed, with another public body
				or among two or more components of a public body having a substantial interest
				in the determination or in the subject matter of the request.
(Section
				3(e) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.405 - Requests for Records that the Agency Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Agency will fulfill requests calling for all records falling within a category
				unless compliance with the request would unduly burden the Agency, there is no
				way to narrow the request, and the burden on the Agency outweighs the public
				interest in the information. Before invoking this exemption, the Agency will
				extend to the requester an opportunity to confer with it in an attempt to
				reduce the request to manageable proportions.
(Section 3(g) of FOIA)
				The amended request must be in writing.
b) If the Agency determines that a request is
				unduly burdensome,
it 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.
The
response shall be
				treated as a denial of the request for information.
(Section 3(g) of
				FOIA)
c)
Repeated requests
				from the same person for records that are unchanged or identical to records
				previously provided or properly denied under
this Part
shall
				be deemed unduly burdensome.
(Section 3(g) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.410 - Recurrent Requesters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any provision of this
Part
to the
				contrary, the Agency will
respond to a request from a
				recurrent requester, as defined in
Section 2676.105,
within 21
				business days after receipt. The response shall
:
1)
provide to the requester an
				estimate of the time required by the Agency to provide the records requested
				and an estimate of the fees to be charged, which the Agency may require the
				person to pay in full before copying the requested
				documents
;
2)
deny
				the request pursuant to one or more of the exemptions set out in this
Part;
3)
notify the
				requester that the request is unduly burdensome and extend an opportunity to
				the requester to attempt to reduce the request to manageable proportions;
				or
4)
provide the
				records requested.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.415 - Requests for Records that Require Electronic Retrieval

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request for records that requires
				electronic retrieval will be treated the same as any other request for records,
				with the same timeline and extensions as allowed for other records.
b) The Agency will retrieve and provide
				electronic records only in a format and medium that is available to the
				Agency.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.420 - Denials of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency will deny requests for records when:
1) Compliance with the request would unduly
				burden the Agency, as determined pursuant to Section 2676.405, and the
				requester has not reduced the request to manageable proportions; or
2) The records are exempt from disclosure
				pursuant to Section 7 or 7.5 of FOIA or Section 2676.205 or 2676.210 of this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.430 - Circuit Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
A requester also has the right to file suit for injunctive or
				  declaratory relief in the Circuit Court for Sangamon County or for the county
				  in which the requester resides, in accordance with the procedures set forth in
				  Section 11 of FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2676.435 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
A binding opinion issued by the Attorney General
				  shall be considered a final decision of an administrative agency, for purposes
				  of administrative review under the Administrative Review Law [ 735 ILCS 5 /Art.
				  III]. An action for administrative review of a binding opinion of the Attorney
				  General shall be commenced in Cook County or Sangamon County. An advisory
				  opinion issued to the Agency shall not be considered a final decision of the
				  Attorney General for purposes of this Section.
(Section 11.5 of
				  FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 2676.500 - Inspection and Copying of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency may make available records for personal inspection at the Agency's
				headquarters office located at 160 North LaSalle Street, Chicago, or at another
				location agreed to by both the Agency and the requester. No original record
				shall be removed from State-controlled premises except under constant
				supervision of the agency responsible for maintaining the record. The Agency
				may provide records in duplicate forms, including, but not limited to, paper
				copies, data processing printouts, 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 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 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 2676.505 - Fees for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 2676.510, unless a fee is otherwise fixed by statute, the Agency
				will provide copies of records and certifications of records in accordance with
				the fee schedule set forth in Appendix A.
b)
In calculating its actual cost for
				reproducing records or for the use of the equipment of the Agency to reproduce
				records, the Agency will not include the costs of any search for and review of
				the records or other personnel costs associated with reproducing the
				records.
(Section 6(b) of FOIA)
c) In order to expedite the copying of
				records that the Agency cannot copy, due to the volume of the request or the
				operational needs of the Agency, in the timelines established in Section
				2676.400, the requester may provide, at the requester's expense, the copy
				machine, all necessary materials, and the labor to copy the public records at
				the Agency headquarters in Section 2676.500, or at another location agreed to
				by both the Agency and the requester. No original record shall be removed from
				State-controlled premises except under constant supervision of the agency
				responsible for maintaining the record.
d) Copies of records will be provided to the
				requester only upon payment of any fees due.
The Agency may charge the
				requester for the actual cost of purchasing the recording medium, 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 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 2676.510 - Reduction and Waiver of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Fees may be reduced or waived by the Agency if the requester states the
				specific purpose for the request and indicates that a waiver or reduction of
				the fee is in the public interest.
In making this
				determination, the Agency will consider the following:
1)
Whether the principal purpose of
				the request is to disseminate information regarding the health, safety, welfare
				or legal rights of the general public; and
2)
Whether the principal purpose of
				the request is personal or commercial benefit. For purposes of this
				subsection
(a)
, "commercial benefit" shall not apply to
				requests made by news media when the principal purpose of the request is to
				access and disseminate information regarding the health, safety, welfare or
				legal rights of the general public.
(Section 6(c) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2676 - ACCESS TO RECORDS OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD › 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 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.10 - Definitions and Abbreviations

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions and abbreviations are applicable in
				the Office of Public Counsel's rules:
a) "The OPC" or "OPC" or "the Office" refers
			 to the Office of Public Counsel that is created in Article XI of The Public
			 Utilities Act ("the PUA") (Ill. Rev. Stat. 1987, ch.
			 1112/3, pars. 11-101 et
			 seq.).
b) "The Public Counsel"
			 refers to the person who is appointed as the Public Counsel under Illinois
			 Revised Statutes 1987, chapter
			 1112/3, paragraph
			 11-202.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.13 - Agency's Powers and Duties

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of Public Counsel is created by Article XI of the
				PUA. The Office has the power and duty to intervene in and to initiate
				proceedings before the Illinois Commerce Commission, federal agencies, and
				Illinois and federal courts to promote or protect the rights and interests of
				all Illinois citizens, customer classes, and users of electric, gas, water and
				sewer, and telecommunication services.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.15 - Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
Any interested person may file a petition that requests that
				the OPC adopt, amend, or repeal a rule. The petition shall be filed with the
				agency clerk. Each petition shall set forth the petitioner's interest in the
				subject matter, the specific rule, amendment, or repeal that is requested, and
				the reasons in support of the request. Within 30 days of receiving the
				petition, the Public Counsel either shall deny the petition, giving a written
				explanation for the denial, or shall initiate rulemaking proceedings by
				publishing a notice of proposed rulemaking in the Illinois Register. If, within
				30 days of the OPC's receipt of a petition, the Public Counsel has not acted
				upon the petition, then the petition shall be considered
				denied.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.20 - Distribution of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OPC's
			 Springfield and Chicago offices will each have a certified copy of the OPC's
			 rules. Any person may obtain a copy of the OPC's rules by making a request to
			 the Deputy Public Counsel or Public Counsel.
b) In addition to the rules published in the
			 Illinois Register and the Illinois Administrative Code, the OPC has internal
			 regulations on financial and ethical restrictions, general personnel
			 regulations, affirmative action, travel regulations, and financial services.
			 Any person may obtain a copy of the internal regulations by making a request to
			 the Deputy Public Counsel or the Public Counsel.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.25 - Office Location

Current through Register Vol. 48, No. 28, July 12, 2024
The OPC maintains two offices:
a) Office of Public Counsel
528 South Fifth Street
Suite 212
Springfield, Illinois 62701
(217) 785-7687
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.26 - Office Hours for Public Access

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Springfield office is open from 9 a.m. through 5 p.m. on Monday through
			 Friday, except for legal holidays and other days declared by the Public
			 Counsel.
b) The Chicago office is
			 open from 8:30 a.m. through 5 p.m. on Monday through Friday, except for legal
			 holidays and other days declared by the Public Counsel.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2700 - ORGANIZATION, RULEMAKING, AND PUBLIC ACCESS › Section 2700.27 - Agency Clerk and Official Custodian of Files

Current through Register Vol. 48, No. 28, July 12, 2024
The Deputy Public Counsel, who is located in the Chicago
				office, is the OPC's clerk and the official custodian of the OPC's files. All
				official correspondence should be directed to the Chicago office:
Clerk
Office of Public Counsel
State of Illinois Center
100 West Randolph Street
Suite 11-300
Chicago, Illinois 60601
(312) 814-3903
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.10 - Definitions and Abbreviations

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions and abbreviations are applicable in
				the Office of Public Counsel's rules:
a) "The OPC" or "OPC" or "the Office" refers
			 to the Office of Public Counsel that is created in Article XI of The Public
			 Utilities Act ("the PUA") (Ill. Rev. Stat. 1987, ch. 1112/3, pars. 11-101 et
			 seq.).
b) "The Public Counsel"
			 refers to the person who is appointed as the Public Counsel under Section
			 11-202 of the PUA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.13 - Freedom of Information Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Deputy Public Counsel is the Freedom of Information
				Officer. The Deputy Public Counsel's address and telephone number are:
Deputy Public Counsel
ATTENTION: Freedom of Information Officer
Office of Public Counsel
State of Illinois Center
100 West Randolph Street
Suite 11-300
Chicago, Illinois 60601
(312) 814-3903
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.16 - Requests for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Requests for public records in the custody of the OPC shall be submitted to the
			 Freedom of Information Officer. Requests may be made in writing or orally, but
			 an oral request does not trigger the provisions and time schedules in these
			 rules. In order to be covered by these rules, a request for public records must
			 be reduced to writing. When an oral request is made, the Freedom of Information
			 Officer shall give the requestor the form that should be used to reduce the
			 oral request to writing. (The form is provided in Appendix A to Part 2701.) If
			 necessary, the Freedom of Information Officer will help the requestor fill out
			 the form. Once an oral request has been reduced to writing, it shall be treated
			 as a written request for all purposes. All requests must include the following:
1) the requestor's full name, address, and
			 telephone number at which the requester can be reached during normal business
			 hours;
2) a brief description, as
			 specific as possible, of the public records sought; and
3) an indication of whether the request is
			 for inspection of public records, copying of public records, or both.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.19 - Response to Request for Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
The Freedom of Information Officer is responsible for
				responding to all requests for public records. In responding to requests, the
				Freedom of Information Officer will follow the procedures and time schedules
				set out in The Freedom of Information Act ("the FOIA") (Illinois Revised
				Statutes, ch. 116, pars. 201 et seq.). If the Freedom of Information Officer
				gives notice that the request has been approved, in whole or in part, the
				officer will state the copying, certification, and postal fees, if any, that
				the OPC will charge. (The fee schedule is provided in Appendix B to Part 2701.)
				The documents will be made available after the fees, if any, are paid. If
				payment is not received within sixty days of the date that the OPC served
				notice on the requester that fees must be paid, the OPC shall consider the
				request withdrawn.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.21 - Appeal of Denial of Access to Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Freedom of Information Officer
			 denies a request for public records, the requester may appeal the denial to the
			 Public Counsel. An appeal is made by sending a written notice of appeal to:
Public Counsel
ATTENTION: FOIA Appeal
Office of Public Counsel
State of Illinois Center
100 West Randolph Street
Suite 11-300
Chicago, Illinois 60601
b) The notice of appeal shall include a copy
			 of the original request, a copy of the denial, and a statement of the reasons
			 for granting the appeal. In responding to the appeal, the Public Counsel will
			 follow the procedures and the time schedules that are set out in the FOIA. If
			 the Public Counsel rules that the request has been approved, in whole or in
			 part, the Public Counsel will state the copying, certification, and postal
			 fees, if any, that the OPC will charge. (The fee schedule is provided in
			 Appendix B to Part 2701.) The documents will be made available after the fees,
			 if any, are paid. If payment is not received within sixty days of the date that
			 the OPC served notice on the requester that fees must be paid, the OPC shall
			 consider the request withdrawn. If an appeal is denied, the Public Counsel will
			 explain the basis for the denial and will tell the requester how to obtain
			 judicial review of the denial.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.24 - Inspection of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
All public records in the OPC's custody will be made available
				for inspection during normal office hours. The OPC will cooperate with the
				requester in arranging for the inspection to take place in either the OPC's
				Chicago office or the OPC's Springfield office. OPC employees may be present
				throughout the inspection. A requester may be prohibited from bringing brief
				cases, folders, and the like into the inspection room. During the inspection,
				the requester should identify the documents that he or she wants copied. All
				copying will be done by OPC employees or by the OPC's
				designees.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.27 - Certification of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
When requested, the Freedom of Information Officer shall
				provide copies of public records appropriately certified as to their
				authenticity and accuracy. The certification fee is set out in Appendix B to
				Part 2701. In addition to the certification fee, there are also copying and
				postal fees as set out in Appendix B.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Section 2701.30 - Computer Stored Records

Current through Register Vol. 48, No. 28, July 12, 2024
When a request is made for public records that are stored on
				electronic data processing equipment, the Freedom of Information Officer will
				provide the requester with a computer printout of the requested records, and
				will also provide the requester with any information necessary to interpret and
				understand the printout. (The fee schedule for computer printouts is provided
				in Appendix B to Part 2626.)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2701 - FREEDOM OF INFORMATION ACT › Appendix B - Office of Public Counsel Fee Schedule for Copying Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
Type of Copying
Charge Per Page*
Paper copy of paper original
$.05**
Paper copy of computer printout
$.05**
Diskette copy of computer original
actual cost of diskette
Certification Fee*
The certification fee is $1.00 for each document that is
				certified.
Postal Fee*
If the requester asks that copies of the public records be sent
				to him, postal charges will be assessed at the actual rate charged to the
				OPC.
*Payment of fees shall be waived if:
(a) the requester is a constitutional officer or a
				member of the General Assembly;
(b) the requester is a State Agency; or
(c) the requester states the specific purpose for
				the request and indicates that (and explains why) a waiver of the fees is in
				the public interest, and if (i) fewer than 201 pages of documents need to be
				copied and no diskettes need to be used or (ii) fewer than 6 diskettes need to
				be used and no pages of documents need to be copied onto paper. If the purpose
				for the request is in the public interest but neither (c)(i) nor (c)(ii) is
				met, then all or some of the fees may be waived or reduced if the waiver or
				reduction would not impose a budgetary burden on the OPC.
**If the amount of copying is voluminous, then the OPC may have
				to designate another State agency or a private business to do the copying. If
				someone other than the OPC does the copying, then the charge per page is the
				actual cost charged by the other State agency or private business.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 2900.10 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
Interested persons and the public may direct inquiries to the
				  Council and may obtain information concerning the Council and its committees,
				  State Plan, grants and activities from:
Illinois Council on Developmental Disabilities
830 South Spring
Springfield, Illinois 62704
(217) 782-9696
website:
www.state.il.us/agency/icdd/
.
Copies of the Council's rules, State Plan and bylaws may be
				  obtained from the Council upon request, in person or in
				  writing.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 2900.100 - Adoption, Amendment and Repeal of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Rules shall be adopted, amended or repealed by the Council
				  pursuant to the Illinois Administrative Procedure Act [5 ILCS 100
				  ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 2900.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following terms have the ascribed
				  definitions:
"Bylaws" means the bylaws of the Council.
"Chairperson" means the Chairperson of the Council.
"Council" means the Illinois Council on Developmental
				  Disabilities.
"Council Members" means the members of the Illinois Council
				  on Developmental Disabilities.
"Developmental Disability" means a severe, chronic disability
				  of an individual that:
is attributable to a mental or physical impairment or
				  combination of mental and physical impairments;
is manifested before the person attains age 22;
is likely to continue indefinitely;
results in substantial functional limitations in three or
				  more of the following areas of major life activity:
self care;
receptive and expressive language;
learning;
mobility;
self direction;
capacity for independent living;
economic self sufficiency; and
reflects the person's need for a combination and sequence of
				  special, interdisciplinary or generic services, individualized supports, or
				  other forms of assistance that are of lifelong or extended duration and are
				  individually planned and coordinated. Infants and young children birth to age 9
				  inclusive who have a substantial developmental delay or specific congenital or
				  acquired condition may be considered to have a developmental disability without
				  meeting functional criteria in 3 or more of the areas of major life activity if
				  the individual, without services and supports, has a high probability of
				  meeting those criteria later in life.
"Director" means the Director of the Illinois Council on
				  Developmental Disabilities.
"Federal Act" means the Developmental Disabilities Assistance
				  and Bill of Rights Act of 2000 (
				  42 USC
				  6000 et seq.), as amended.
"Law" means the Illinois Council on Developmental
				  Disabilities Law [20 ILCS 4010 ].
"Staff" means the staff of the Council.
"State Plan" means the plan required under the Federal
				  Act.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 2900.210 - Purpose and Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Council serves as an advocate for all persons with developmental disabilities
				to assure that they receive the services and other assistance necessary to
				enable them to achieve their maximum potential through increased independence,
				productivity, integration and inclusion into the community.
b) The Council is composed of 29 members, 19
				of whom are appointed by the Governor for specific terms of office pursuant to
				Section
				2004.5 of the Law. Nine
				members shall be representatives of State governmental agencies, which includes
				one representative each from the State University Center for Excellence and the
				State protection and advocacy system pursuant to Section
				2004.5 of the Law.
				Total membership shall include one non-voting member from the Governor's Office
				of Management and Budget. At all times, not less than 60 percent of the
				Council's membership will be individuals with developmental disabilities and
				their family members.
c) The
				Council shall develop and implement the State Plan and perform other duties as
				prescribed under the Federal Act.
d) Funds for the Council's staffing,
				operations, State Plan implementation, grants and activities are authorized
				under the Law and the Federal Act.
e) Grants may be awarded to agencies,
				individuals and organizations as a means to implement the State Plan.
f) Matters the Council or the Executive
				Committee, as provided for in the bylaws, shall discuss and vote on include,
				but are not limited to, the following:
1)
				Executive and Council meeting minutes;
2) Bylaws;
3) Grant awards;
4) Final reports resulting from
				Council-funded projects;
5)
				Policies and positions regarding the system of services and supports for people
				with developmental disabilities and their families that are consistent with the
				Federal Act's findings, purpose and policies;
6) Federal fiscal year budget;
7) Employment, evaluation or termination of
				Director; and
8) State
				Plan.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 2900.220 - Council Meetings and Quorum

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Council meetings are subject to the Open Meetings Act [5 ILCS 120 ].
b) For regular and special Council meetings,
				the total membership consists of 28 voting members, excluding any vacant
				positions. A quorum shall consist of a simple majority and shall be sufficient
				to constitute the transaction of the business of the Council, unless stipulated
				otherwise in the bylaws of the Council.
c) The Council shall meet at least
				quarterly.
d) Special Council
				meetings may be called by the Chairperson or upon the written request to the
				Chairperson by a quorum of Council members.
e) The Council shall have prepared a written
				record of the minutes of the proceedings of each regularly scheduled or special
				Council meeting.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2900 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 2900.230 - Bylaws

Current through Register Vol. 48, No. 28, July 12, 2024
a) Business of the
				Council is transacted in accordance with the bylaws, which are available to the
				public.
b) Council meetings shall
				be conducted according to parliamentary procedures as established by Robert's
				Rules of Order.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2905 - ACCESS TO RECORDS OF THE ILLINOIS COUNCIL ON DEVELOPMENTAL DISABILITIES › Subpart A - INTRODUCTION › Section 2905.10 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Illinois Council on Developmental Disabilities
				(Agency) for making its records available for reasonable public inspection
				while, at the same time, protecting legitimate interests in
				confidentiality.
b) This Part:
1) Establishes the following classifications
				for records in the Agency's possession:
A)
				Records that shall be disclosed; and
B) Records that shall be withheld from
				disclosure;
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2905 - ACCESS TO RECORDS OF THE ILLINOIS COUNCIL ON DEVELOPMENTAL DISABILITIES › Subpart B - CLASSIFICATION OF RECORDS › Section 2905.100 - 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 Section
				  2905.110
				  or
				  2905.120.
				  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. (Section 2.15(b) of FOIA)