reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1027 - ADMINISTRATIVE LAW JUDGES › Section 1027.10 - Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
Administrative law judges conducting hearings in accordance
				with the Department's rules at 59 Ill. Adm. Code 103, 106, 120 or 132 shall
				have the following minimum qualifications:
a) Five years experience in government
			 management or in the provisions of mental health or developmental disabilities
			 services. The five years may be any combination of both types of experience;
			 or
b) Successful completion of a
			 course of study on administrative law at the undergraduate, graduate or
			 postgraduate level and two or more years experience in government management or
			 in the provision of mental health or developmental disabilities services;
			 or
c) Six months to one year's
			 experience as a full-time administrative law judge or the equivalent part-time
			 experience and one or more years experience in government management or in the
			 provision of mental health or developmental disabilities services; or
d) One or more years experience as a
			 full-time administrative law judge or the equivalent part-time experience;
			 or
e) A law degree from an
			 accredited law school; or
f) A
			 current license to practice law in the State of Illinois.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1100 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 1100.100 - Provision of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rules of
				General Application
The Department maintains a compilation of its rules currently
				  in force, as filed with the Secretary of State, in its central offices in
				  Springfield and Chicago. The rules compilation is available for public
				  inspection during regular working hours. The rules are also on file in the Cook
				  County Law Library in Chicago. Copies of the rules compilation are available
				  without charge to State agencies and officials. Other persons may obtain copies
				  by paying a charge for mailing and publication costs. Requests should be
				  directed to:
Deputy Director, Division of Programs and Services
316 South Second Street
Springfield, IL 62762
b) Operating Manuals
The Department's operating policies and procedures are
				  contained in the Categorical Assistance Manuals (Aid to Families with Dependent
				  Children and Aid to the Aged, Blind or Disabled), the General Assistance
				  Manual, and the Food Stamp Manual. Current copies of these Manuals are
				  maintained in each regional and local office of the Department, and are
				  available for public inspection during regular working hours. Copies of
				  individual pages of the Manuals are available upon request, without charge at
				  regional and local offices. Persons may subscribe for the Manuals which are
				  available for an annual fee which covers the cost of mailing and publication.
				  Requests should be directed to:
Deputy Director, Division of Programs and Services
316 South Second Street
Springfield, IL 62762
c) Public Information
1) Information about programs administered by
				the Department is available without charge through the Office of Public
				Information in the following publications:
A)
				Annual Report;
B) Public Aid
				Code;
C) Illinois Consolidated
				Standard Plan;
D) Aid to Families
				with Dependent Children (in English and Spanish);
E) The Medical Assistance Program (in English
				and Spanish);
F) Help Your Children
				Stay Healthy--Use Medichek Services (in English and Spanish);
G) Food Stamps Help You Buy More Food, Pay
				Less Money (in English and Spanish);
H) The Right to Appeal and to Receive a Fair
				Hearing (in English and Spanish);
I) Public Aid and Civil Rights (in English
				and Spanish);
J) Child Support
				Enforcement Program (in English and Spanish);
K) Family Planning--Now, You Have a Choice
				(in English and Spanish);
L) Don't
				Be Turned Off (Utilities) (in English and Spanish);
M) Equal Employment Opportunity Is for
				Everybody (in English and Spanish);
N) WIN! (in English and Spanish);
O) State Supplemental Payments to the Aged,
				Blind, or Disabled;
P) Help Your
				Baby Stay Healthy--Use Medichek Services;
Q) Prepaid Health Plan;
R) Information for Responsible Relatives;
				and
S) People Want to Work (GA Job
				Placement Program).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1100 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 1100.200 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Identification of need for rulemaking
The Department shall initiate rulemaking proceedings
				  when:
1) A unit of the Department
				recommends that a new rule be adopted or an existing rule be amended or
				repealed; or
2) When a petition for
				rulemaking is received and favorably considered by the Department, petitions
				for Department rulemaking shall be governed by the provisions of the rule on
				such matters.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart A - INTRODUCTION › Section 1101.50 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This part is
				established to implement the provisions of the Freedom of Information Act [5
				ILCS 140 et seq.]. The purpose of this Part is to support the policy of
				providing public access to the public records in the possession of this
				Department while, at the same time, protecting legitimate privacy interests and
				maintaining administrative efficiency.
b) This Part creates a procedure by which the
				public may request and obtain public records. Therefore, it is being filed in
				accordance with Section 5-15 of the Illinois Administrative Procedure Act
				[5 ILCS 100/5-15
				].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart A - INTRODUCTION › Section 1101.100 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Department of Healthcare and Family Services (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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart B - CLASSIFICATION OF RECORDS › Section 1101.150 - Person to Whom Requests are Submitted

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for public records shall be submitted to the FOIA
				  Officer, Department of Public Aid, 201 South Grand Avenue East, Springfield,
				  Illinois 62763-0002, and shall be designated "ATTN: FOIA
				  Request."
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart B - CLASSIFICATION OF RECORDS › Section 1101.200 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request meeting the requirements of FOIA, the Agency
				  shall disclose to the requester all records requested except that it shall not
				  disclose certain records as provided in FOIA, Section 1101.205 or 1101.210.
				  Records covered under this Section shall include, but are not limited
				  to:
a)
Records of funds. All
				records relating to the obligation, receipt and use of public funds of the
				Agency are records subject to inspection and copying by the public.
(Section 2.5 of FOIA)
b)
Payrolls. Certified payroll records submitted to the Agency under
				Section 5(a)(2) of the Prevailing Wage Act
[820 ILCS 130]
are
				records subject to inspection and copying in accordance with the provisions of
				FOIA; except that contractors' and employees' addresses, telephone numbers, and
				Social Security numbers will be redacted by the Agency prior to
				disclosure.
(Section 2.10 of FOIA)
c)
Criminal history records. The
				following documents maintained by the Agency pertaining to criminal history
				record information are records subject to inspection and copying by the public
				pursuant to FOIA:
1)
Court
				records that are public;
2)
Records that are otherwise
				available under State or local law; and
3)
Records in which the requesting
				party is the individual identified, except as provided under Section
				7(1)(d)(vi) of FOIA
. (Section 2.15(b) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart B - CLASSIFICATION OF RECORDS › Section 1101.205 - Records that Will Be Withheld from Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) For exemptions from FOIA that are stated
				in FOIA, see Section 7 of FOIA.
b)
A record that is not in the possession of the Agency but is in the
				possession of a party with whom the Agency has contracted to perform a
				governmental function on behalf of the Agency, and that directly relates to the
				governmental function and is not otherwise exempt under FOIA, shall be
				considered a record of the Agency for purposes of
Subpart C. (Section
				7(2) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart B - CLASSIFICATION OF RECORDS › Section 1101.210 - Statutory Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
For exemptions from FOIA that are stated in other statutes,
				  see Section 7.5 of FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1101.250 - Timeline for Department Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department shall respond to a written request for public records within
				seven working days after its receipt of such request.
b) The Department may give notice of an
				extension of time to respond that does not exceed an additional seven working
				days. Such an extension is allowable only if written notice is provided within
				the original seven working day time limit and only for the reasons provided in
				Section 3(d) of the FOIA [5
				ILCS 140/3(d) ]. Such notice of
				extension shall state the reasons why the extension is necessary and the date
				when the records will be available or denial will be forthcoming.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1101.300 - Submittal of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any request for public records should be
				submitted in writing to the FOI Officer at the Agency.
b) Contact information for the FOI Officer
				can be found online at
www2.illinois.gov/Pages/FOIA-Contacts.aspx
.
c) FOIA requests may be submitted via mail,
				e-mail, fax, the Agency's website, or hand delivery. Requests should be
				addressed and delivered to:
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, 3rd
				  Floor
Springfield, Illinois 62763
Attn: FOI Officer
d) E-mailed requests should be sent to
				hfs.foia@illinois.gov, contain the request in the body of the e-mail, and
				indicate in the subject line of the e-mail that it contains a FOIA request.
				Faxed FOIA requests should be faxed to 217-524-2397, Attn: FOI Officer.
				Requests may also be submitted using the Agency's online FOIA Request form at
https://www.illinois.gov/hfs/info/legal/FOIA/Pages/HFSFOIARequest.aspx
.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1101.305 - 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);
c) A statement as to the requested medium and
				format for the Agency to use in providing the records sought: for example,
				paper or specific types of file formats;
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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1101.310 - 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 7 or 7.5 of FOIA;
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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 1101.315 - 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.350 - Appeal of a Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) A requestor
				whose request has been denied by the Department may appeal the denial to the
				Director of the Department. The notice of appeal shall be made in writing and
				sent to:
Director of Department of Public Aid
201 South Grand Avenue East
Springfield, Illinois 62763-0002
ATTN: FOIA Appeal
b) The notice of appeal shall include a copy
				of the original request, a copy of the denial received by the requestor, and a
				statement of the reasons why the appeal should be granted.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.400 - 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
subsection (3)(g) of FOIA. (Section 3(d)
				of FOIA) A written request from the Agency to provide additional information
				shall be considered a response to the FOIA request.
The time periods
				for compliance or denial of a request to inspect or copy records set out in
				this Section shall not apply to requests for records made for a commercial
				purpose, requests by a recurrent requester, or voluminous requests.
(Section 3(i) of FOIA).
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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.405 - 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 FOIA shall be deemed unduly
				burdensome.
(Section 3(g) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.410 - 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 2 of FOIA,
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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.415 - 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.420 - 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 3(g) of FOIA, 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.430 - 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 accordance with the procedures set forth in Section 11 of
				  FOIA.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1101.435 - 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1101.450 - Inspection of Records at Department Offices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Generally, public records will be made
				available for inspection between 8:30 and 5:00, Monday through Friday, at 201
				South Grand Avenue East, Springfield, Illinois, 62763-0001. For purposes of
				convenience, the Department may request that inspection take place in another
				Department office location.
b)
				Documents which the requestor wishes to have copied shall be segregated during
				the course of the inspection. Generally, all copying shall be done by
				Department employees.
c) An
				employee of the Department shall be present throughout the inspection. A
				requestor shall be prohibited from bringing bags, brief cases or other
				containers into the inspection room.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1101.500 - 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 Illinois
				Department of Healthcare and Family Services, 201 South Grand Avenue East,
				3rd Floor Springfield, Illinois 62763, or at another
				location agreed to by both the Agency and the requester. 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1101.505 - Fees for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 1101.510, 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) 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
				"Illinois Department of Healthcare and Family Services".
d) 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1101.510 - 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 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 1101.550 - General Materials Available

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall make available to the public at no
				  charge the following materials:
a) A
				brief description of the organizational structure and budget of the
				Department;
b) A brief description
				of the means for requesting information and public records; and
c) A list of types and categories of public
				records maintained by the Department.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Table B - Fee Schedule for Duplication of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
Type of Duplication
Per Copy Charge
Paper copy
standard 81/2" x 11" and legal
size 81/2" x 14"
$ .25 or reduced to $.15 if the request is in the
							 public interest (see Section
							 1101.500
							 ).
The Department also possesses records in other forms
							 including microfiche. A duplication charge for such records will be addressed
							 based upon the actual cost of reproduction.
Some records possessed by the Department are in book
							 or pamphlet form. A charge may be assessed for such materials based upon the
							 cost of such materials incurred by the Department.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1101 - ACCESS TO RECORDS OF THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES › 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
No charge
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 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart A - PUBLIC INFORMATION › Section 1125.10 - Text of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The text of the Department's Public Information rules can be
				  found in its Access to Records of the Department of Public Health rules (2 Ill.
				  Adm. Code 1127).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.110 - Authority - Applicability of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is adopted under Section 5-145 of the Illinois
				  Administrative Procedure Act [5 ILCS
				  100/5-145 ]. This Part governs the form of Petitions
				  for the adoption of rules that are submitted to the Illinois Department of
				  Public Health and the submission, consideration and disposition of these
				  Petitions.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.120 - Right to Petition

Current through Register Vol. 48, No. 28, July 12, 2024
Any interested person may petition the Illinois Department of
				  Public Health ( "Department") requesting the promulgation, amendment, or repeal
				  of a rule (Section 5-145(b) of the Act). The Petitions must be in compliance
				  with this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.130 - Form of Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				Petitions requesting the promulgation, amendment, or repeal of a rule must be
				submitted to the Department in writing. Each Petition shall contain the
				following:
1) the name of the individual or
				entity petitioning the Department, or if the individual is petitioning the
				Department on behalf of another individual or entity, then the name of both the
				Petitioner and the individual on whose behalf the Petition is being
				filed;
2) the complete mailing
				address that the Department should use in directing its response to the
				Petition;
3) a statement of the
				particular relevant interest of the petitioner or of the individual on whose
				behalf the Petition is being filed;
4) the rule(s) that the Petitioner desires
				the Department to repeal or to revise, and, if the Petition is for an
				amendment, a clear statement of the desired change(s);
5) if the Petition is for the adoption of a
				rule(s), a statement in as much detail as possible, of the proposed text and
				nature of the desired rule(s); and,
6) a statement detailing the reasons and
				basis for the Petition, including any appropriate references.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.140 - Submission of Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
All Petitions must be submitted in duplicate to the following
				  address:
Office of the Director
Department of Public Health
535 W. Jefferson St.
Springfield, Ill. 62761
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.150 - Consideration and Disposition of Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitions submitted under this Part will
				be given due consideration by the Department; the final decision on whether or
				not to initiate rule-making in accordance with the Petition will be made by the
				appropriate Deputy Director or by the Director.
b) If, within 30 days after submission of a
				Petition, the Department has not initiated rule-making proceedings in
				accordance with Section 5-35 of the Illinois Administrative Procedure Act,
				therequestshall be deemed to have been denied (Section 5-145(b) of the Act).
				The Department is not then precluded, however, from later initiating
				rule-making proceedings that are in accordance with the Petition, in which case
				the Department may notify the Petitioner for informational purposes that this
				action will be taken.
c) In cases
				of Petition denial, or in cases in which rule-making is initiated in response
				to the Petition but constitutes an action in some way different from that which
				the Petition requested, the Department will, within a reasonable time after its
				decision, notify the individual identified in the Petition of its
				decision.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.160 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Division of
				Governmental Affairs oversees all activities involved in the preparation of
				rules within the Department of Public Health. The Division of Governmental
				Affairs will be responsible for submission of rules to the Secretary of State
				for publishing and to the Joint Committee on Administrative Rules for review,
				as well as for all contacts with those entities.
b) The official Department files and records
				concerning rules of the Department of Public Health will be maintained by the
				Division of Governmental Affairs.
c) Responsibility for drafting the text of
				proposed rules shall rest with the appropriate Deputy Director(s) or Senior
				Staff and reviewed and approved by the Division of Legal Services. Before
				filing, all rules will be reviewed by the Division of Governmental Affairs and
				approved by the Director.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.170 - Schedule for Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rules
				implementing new laws will be prepared within a timeframe developed by the
				Division of Governmental Affairs in consultation with the appropriate Deputy
				Director(s) or Senior Staff. This timeframe may vary depending upon the extent
				of the rules involved as well as statutorily required timeframes. Rules will
				generally be prepared for all new programs, regardless of the availability of
				funds to implement the program.
b)
				Regulatory changes proposed by program staff (not in response to new
				legislation) shall be prepared and submitted to the Division of Governmental
				Affairs on a quarterly basis. All proposed amendments to the same Part shall be
				consolidated by program staff into one rulemaking per quarter unless approved
				to be severed or severed into two or more rulemakings by the Division. Proposed
				amendments received on or before the beginning of a quarter (January 1, April
				1, July 1, or October 1) will be prepared by the Division for filing during
				that quarter. If the proposed amendment is received after the beginning of a
				quarter, it will be held until the start of the next quarter.
c) The provisions of subsection (b) of this
				Section may be waived by the Chief of the Division of Governmental Affairs if
				he or she determines that:
1) a proposed
				amendment qualifies as an emergency or peremptory rule as those terms are
				defined in Sections 5-45 and 5-50 of the Illinois Administrative Procedure Act
				[5 ILCS
				100/5-45 and
				5 -50]; or
2) a waiver is in the best interest of the
				Department in promoting more effective program management.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.180 - Public Comment - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Written comments shall be designated as the proper public response to proposed
				rules unless a hearing is statutorily required or determined appropriate by the
				Division of Governmental Affairs in consultation with program staff.
b) The Division of Governmental Affairs shall
				be responsible for conducting all public hearings with regard to changes in
				rules. The hearings shall be held during the first 45-day period following the
				publication of proposed rules in the Illinois Register. A summary of the public
				hearing shall be prepared by the Division of Governmental Affairs.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart B - RULEMAKING › Section 1125.190 - Boards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				utilizes legislatively mandated or created by executive authority boards,
				commissions, committees, or councils ("boards") for assistance in the
				preparation of proposed rules and proposed amendments to the rules. Any review
				of proposed rulemaking by a board must be conducted within the time parameters
				established by the Division of Governmental Affairs.
b) The Departmental boards advise the
				Department regarding rulemakings or have the statutory authority to approve
				rules. The Department's website regarding boards includes but is not limited to
				boards with rulemaking duties or authority and is available at:
https://dph.illinois.gov/resource-center/advisory-boards.html
.
c) Division of Governmental Affairs shall
				submit proposed rulemakings to the boards for review by or approval from these
				boards prior to the submission by the Division of the proposed rulemakings for
				filing.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1125 - PUBLIC INFORMATION, RULEMAKING, AND ORGANIZATION OF THE DEPARTMENT OF PUBLIC HEALTH › Subpart C - ORGANIZATION › Section 1125.300 - Organizational Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director serves as head of the Department of Public Health and is appointed to
				this office by the Governor of the State of Illinois, by and with the advice
				and consent of the Senate. The Office of the Director consists of the following
				components: Chief of Staff, Executive Assistant to the Director for Customer
				Service, Division of Legal Services, Division of Governmental Affairs, Division
				of Internal Audits, Division of Communications, Minority Health Services, and
				Office of the Equal Employment Opportunity Officer.
b) The Assistant Director serves as an
				assistant to the head of the Department and is appointed to this office by the
				Governor of the State of Illinois, with the advice and consent of the
				Senate.
c) The Chief of Staff,
				Executive Assistant to the Director for Customer Service, Division of Legal
				Services, Division of Governmental Affairs, Division of Internal Audits,
				Division of Communications, Minority Health Services, and the Equal Employment
				Opportunity Officer report directly to the Director.
d) The State Board of Health functions as an
				advisory body to the Director. The Board performs those functions set forth in
				statute.
e) The Assistant Director
				oversees the day-to-day operation of the Department, including the development,
				interpretation and implementation of policies, and evaluation of the
				effectiveness of the Department's operations. The Assistant Director also
				provides technical assistance and supervision of the Deputy Directors who
				manage the Offices of Epidemiology and Health Systems Development, Health
				Promotion, Women's Health, Health Care Regulation, Health Protection, and
				Finance and Administration. The Assistant Director is also responsible for the
				operations of the Hearing Review Officers.
f) The Department is organized into the
				following major offices: Office of the Director, Office of Epidemiology and
				Health Systems Development, Office of Health Promotion, Office of Women's
				Health, Office of Health Care Regulation, Office of Health Protection, and
				Office of Finance and Administration. In addition, the Department has Regional
				Offices, each administered by a Regional Health Officer. The co-central offices
				in Springfield and Chicago provide the managerial and support services
				necessary to enable the provision of well-planned and carefully monitored
				services. The centrally-located program coordinators provide statewide
				consistency to the programs.
g) An
				organizational chart of the Department is contained in Appendix B.