reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.400 - Timeline for Board Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), the Board 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 Board 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 Board fails to
				respond to a request received, it will not treat the request as unduly
				burdensome as provided under
Section 5176.405. (Section 3(d) of FOIA)
				A written request from the Board 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 Board within the
				time limits prescribed by
subsection (a)
without unduly
				burdening or interfering with the operations of the Board;
				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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.405 - Requests for Records that the Board Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Board will fulfill requests calling for all records falling within a category
				unless compliance with the request would unduly burden the Board, there is no
				way to narrow the request, and the burden on the Board outweighs the public
				interest in the information. Before invoking this exemption, the Board 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 Board 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 Board.
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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.410 - Recurrent Requesters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any provision of this
Part
to the
				contrary, the Board will respond to a request from a recurrent requester, as
				defined in
Section 5176.105,
within 21 business days after
				receipt. The response shall
:
1)
provide to the requester an estimate of the time required by the Board
				to provide the records requested and an estimate of the fees to be charged,
				which the Board 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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.415 - 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 Board will retrieve and provide
				electronic records only in a format and medium that is available to the
				Board.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.420 - Denials of Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board will deny requests for records when:
1) Compliance with the request would unduly
				burden the Board, as determined pursuant to Section 5176.405, 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 5176.205 or 5176.210 of this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.430 - 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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.435 - 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 Board 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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 5176.500 - Inspection and Copying of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board may make available records for personal inspection at the Board's
				headquarters office located at 401 E. Capitol Avenue, Springfield, or at
				another location agreed to by both the Board 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 Board 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 Board 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
				Board shall furnish it in the format in which it is maintained by the Board, 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 Board
				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 Board as soon as possible before the
				appointment.
d) In order to
				maintain routine Board 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. A Board 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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 5176.505 - Fees for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 5176.510, unless a fee is otherwise fixed by statute, the Board
				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 Board to reproduce
				records, the Board 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 Board cannot copy, due to the volume of the request or the
				operational needs of the Board, in the timelines established in Section
				5176.400, 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 Board headquarters in Section 5176.500, or at another location agreed to by
				both the Board 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 Board may charge the
				requester for the actual cost of purchasing the recording medium, whether disc,
				diskette, tape, or other medium, but the Board 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 Board, 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 Board, must contract with the contractor;
2) The requester is responsible for all fees
				charged by the contractor;
3) The
				requester must notify the Board of the contractor to be used prior to the
				scheduled on-site inspection or copying;
4) Only Board personnel may provide records
				to the contractor;
5) The Board
				must have verification that the requester has paid the Board, 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 Board 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 5176 - PUBLIC ACCESS TO INFORMATION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 5176.510 - Reduction and Waiver of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Fees may be reduced or waived by the Board 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 Board 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 5176 - PUBLIC ACCESS TO INFORMATION › 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 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 5200.10 - Public Information and Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
The public may direct submissions and inquiries to the
				  Authority and may obtain information concerning the Authority, its programs,
				  and activities from the office of the Authority, 120 South Riverside Plaza,
				  Suite 1200, Chicago, Illinois 60606, (312 876-7809). Copies of the Authority's
				  Rules and By-laws may be obtained from the office of the Authority upon
				  request, in person or in writing, and upon payment of a reasonable fee for
				  reproduction.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 5200.100 - Applicability of Rulemaking Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  5200.110
				  and
				  5200.120
				  apply to all rulemaking proceedings of the Authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 5200.110 - Adoption, Amendment and Repeal of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
No rule may be adopted, amended, or repealed except by the
				  Members at an Authority meeting.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 5200.120 - Compliance with the Illinois Administrative Procedure Act

Current through Register Vol. 48, No. 28, July 12, 2024
All rulemaking proceedings of the Authority must be conducted
				  in compliance with the applicable provisions of the Illinois Administrative
				  Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et
				  seq.).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5200.200 - Authority to Make Rules

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is authorized by and made pursuant to Section 5.01
				  of the Illinois Educational Facilities Authority Act (Ill. Rev. Stat. 1983, ch.
				  144, par. 1305.01 ) [110 ILCS 1015/5.01 ] and Section 5-15 of the Illinois
				  Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 4.01 ) [5
				  ILCS 100/1005-15 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5200.210 - Applicability of General Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  5200.10
				  and
				  5200.220 through
				  5200.240
				  shall govern the practices and procedures of the Illinois Educational
				  Facilities Authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5200.220 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in the rules of the Authority, the following terms
				  shall mean:
"Act" means the Illinois Educational Facilities Authority
				  Act, (Ill. Rev. Stat. 1983, ch. 144, pars. 1301 et seq.).
"Authority" means the Illinois Educational Facilities
				  Authority.
"By-laws" means the By-laws of the Authority.
"Chairman" means the Chairman of the Authority.
"Executive Director" means Executive Director of the
				  Authority.
"Members" means the Members of the Authority.
"Rules" means the rules of the Authority as supplemented and
				  amended from time to time.
"State" means the State of Illinois.
"Vice Chairman" means the Vice Chairman of the
				  Authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5200.230 - Organization of the Authority

Current through Register Vol. 48, No. 28, July 12, 2024
Duties and powers of the Members, Officers, and Executive
				  Director of the Authority are governed by the Act.
a) Members. The Authority is a body politic
				and corporate governed by seven Members appointed by the Governor.
b) Officers. The Members annually elect from
				their membership a Chairman and a Vice Chairman.
c) Executive Director. The Authority may
				employ an Executive Director who will assist the Authority in carrying on its
				business, subject to the actions and resolutions of the Members and under the
				supervision of the Chairman and Vice Chairman. The Members may also appoint an
				Assistant Executive Director.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5200 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5200.240 - Meetings of the Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Annual Meetings. In October of each year, the Authority will hold an annual
				meeting for the purpose of electing a Chairman and a Vice Chairman.
b) Regular Meetings. Regular meetings of the
				Authority will be scheduled as determined by the Members.
c) Special Meetings. A special meeting of the
				Authority may be called by the Chairman or by any four Members of the
				Authority.
d) Quorum. Four Members
				constitute a quorum for the transaction of business at any meeting of the
				Authority.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 5350.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to any interested persons seeking or
				  submitting information regarding rules, subjects, programs, and activities of
				  the State Universities Civil Service System.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 5350.20 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Members of
				the public may submit a request for information concerning the rules, subjects,
				programs, or activities of the State Universities Civil Service System. Such
				requests must be in writing and must contain the following information:
1) the names and addresses of persons or
				groups submitting request;
2) the
				specific rule, subject, program, or activity of the State Universities Civil
				Service System that is the subject matter of the request; and
3) the specific reasons, facts, or other
				documentation supporting the request.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 5350.30 - Board Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
All meetings of the University Civil Service Merit Board,
				  hereinafter referred to as the Merit Board, are open to the public. Public
				  notice of meetings of the Merit Board shall be posted 48 hours prior to all
				  board meetings. The posting shall be made in the principal office of the Merit
				  Board and on the State Universities Civil Service System's
				  website.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 5350.100 - Rulemaking Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) New rules,
				emergency rules, amendments or repealers will be initiated at the direction of
				the Merit Board or its Executive Director, Designated Employer Representatives
				(DERs), or the State Universities Civil Service Advisory Committee. Proposed
				new rules, emergency rules, amendments or repealers may be presented to the
				various agency Advisory Committees for comments or recommendations.
b) Following discussion and input from the
				various agency Advisory Committees, the proposed rules, amendments or repealers
				will be published in the Illinois Register. During the first 45-day notice
				period, interested persons or other agencies may provide comments.
c) After the first 45-day notice period, the
				new rules, amendments, or repealers will be presented to the Merit Board for
				approval.
d) After Merit Board
				approval, new rules, amendments, or repealers will be submitted to the Joint
				Committee on Administrative Rules (JCAR).
e) Individuals or organizations proposing the
				creation, amendment, or repeal of a rule may do so by writing to the Merit
				Board Chair or Executive Director of the State Universities Civil Service
				System, 1717 Philo Road, Suite 24, Urbana, Illinois 61802-6099. The written
				statement should include specific language and in the case of existing rules,
				cite the specific rule(s) to be amended or repealed. Justification for the
				proposal shall also be included.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5350.200 - Board Membership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				University Civil Service Merit Board was created pursuant to Section 36b of the
				State Universities Civil Service Act (Act) [10 ILCS 70/36b ].
b) The University Civil Service Merit Board
				shall be composed of 11 members, three of whom shall be members of the Board of
				Trustees of the University of Illinois, one shall be a member of the Board of
				Trustees of Southern Illinois University, one shall be a member of the Board of
				Trustees of Chicago State University, one shall be a member of the Board of
				Trustees of Eastern Illinois University, one shall be a member of the Board of
				Trustees of Illinois State University, one shall be a member of the Board of
				Trustees of Governors State University, one shall be a member of the Board of
				Trustees of Northeastern Illinois University, one shall be a member of the
				Board of Trustees of Northern Illinois University, and one shall be a member of
				the Board of Trustees of Western Illinois University. The members of the Merit
				Board shall be elected by the respective Boards on which they shall serve at
				the pleasure of the electing Boards.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5350 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5350.210 - Staff

Current through Register Vol. 48, No. 28, July 12, 2024
The Merit Board shall appoint an Executive Director for the
				  State Universities Civil Service System. The Executive Director has been
				  granted the authority by the Merit Board to hire assistants and other clerical
				  and technical help as may be necessary to efficiently administer Sections 36b
				  through 36q of the Act [110 ILCS 70 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5375 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 5375.10 - Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The public can
				obtain information about the Illinois Student Assistance Commission (ISAC) and
				its programs by contacting one of ISAC's offices located in Deerfield, Chicago
				or Springfield. General information is also available at ISAC's
				Website.
b) Requests for inspection
				or copying of ISAC's public records may be submitted as a Freedom of
				Information Act (FOIA) request made in accordance with ISAC's rules. (See 2
				Ill. Adm. Code 5376.)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5375 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 5375.100 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) ISAC
				shall follow the rulemaking procedures established by the Illinois
				Administrative Procedure Act [5 ILCS 100 ].
b) Rules, repeals or amendments to rules are
				developed by ISAC and submitted for public comment through publication in the
Illinois Register
, hereinafter "the first notice
				period." Any such rules, repeals or amendments, along with any public comments
				are thereafter presented to the Commission for consideration.
c) The Commission may accept, modify or
				reject a proposed rule prior to adoption, amendment or repeal of the
				rule.
d) The Commission shall
				thereafter direct the Executive Director or their designee to submit a proposed
				rule or modification for review by the Joint Committee on Administrative Rules
				(JCAR), hereinafter "the second notice period," or withdraw the proposed rule
				in accordance with the Illinois Administrative Procedure Act [5 ILCS 100
				].
e) At the end of the second
				notice period, if no objections are received from JCAR, ISAC shall thereafter
				adopt the rule or any modification by causing the Executive Director to file a
				certified copy of the rule with the Secretary of State. If ISAC receives an
				objection from JCAR during the second notice period, the Executive Director
				will present the objection to the Commission at its next meeting for
				consideration.
f) The Executive
				Director may promulgate Emergency and Peremptory Rules in accordance with the
				Illinois Administrative Procedure Act [5 ILCS 100].
g) Rules and amendments relating to exempt
				matters, as defined in the Illinois Administrative Procedure Act [5 ILCS
				100/5-35(c), may be adopted, amended
				or repealed by action of the Commission and shall be effective immediately upon
				adoption. A certified copy of rules and amendments relating to exempt matters
				will be filed with the Secretary of State.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5375 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5375.220 - Agency Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission has delegated to ISAC staff the responsibility for the
				administration of all ISAC programs. Final actions and decisions of the
				Executive Director pertaining to applicants, institutions and lenders may be
				appealed to an independent hearing officer, otherwise known as an
				administrative law judge, as defined in Article 10 of the Illinois
				Administrative Procedure Act. (See 23 Ill. Adm. Code
				2700.70 for
				administrative appeal procedures relating to the matters set forth in this
				subsection (a).)
b) The locations
				and telephone numbers for ISAC offices are as follows:
1) 1755 Lake Cook Road, Deerfield, Illinois
				60015-5209, (847)948-8500;
2) 100
				W. Randolph St., Suite 3-200, Chicago, Illinois 60601-3219, (312)814-6334;
				and
3) 500 West Monroe,
				3rd floor, Springfield, Illinois 62704-1876,
				(217)782-6767.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5375 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION › Section 5375.230 - Procedures for Persons Desiring to Address the Commission at a Commission Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals
				may request that notice of Commission meetings be sent to them.
b) Unless otherwise permitted by the
				Chairman, persons desiring to address the Commission shall make a written
				request to the Executive Director at least 5 business days prior to the
				meeting, provided that, with respect to any emergency meeting, persons desiring
				to address the Commission shall make a written request to the Executive
				Director at least one business day prior to the date of the emergency meeting.
				Any request to address the Commission must include the name, telephone number
				or e-mail contact information, and street address of the person requesting to
				address the Commission. The request shall also include the name and street
				address of the organization or group to be represented by the person, if any,
				and a summary of the presentation.
c) The Chairman (or other presiding officer)
				may impose appropriate time limits on presentations or public comments. The
				presiding officer's decision to limit a presentation or comment shall be based
				on criteria including, but not limited to, the total time available for the
				Commission's deliberations, the number of persons seeking to appear before the
				Commission, and the potential for redundancy in the comment being
				presented.
d) The Chairman (or
				other presiding officer), with the consent of the members, can rule to
				recognize or not recognize any proposed presenter who asks to address the
				Commission but who had not requested to do so in writing in accordance with
				Section
				5375.230(b).
				Preference will be given to presenters who made written requests in accordance
				with subsection (b).
e) All
				presenters shall be encouraged, but not required, to submit their presentations
				in writing.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart A - INTRODUCTION › Section 5376.101 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Illinois Student Assistance Commission 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 5376 - INFORMATION REQUESTS › Subpart B - CLASSIFICATION OF RECORDS › Section 5376.201 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receiving a request meeting the requirements of this
				  Part, the Agency shall disclose to the requester all records requested except
				  that it shall not disclose certain records as provided in Section
				  5376.202
				  or Section
				  5376.203.
				  Records covered under this Section shall include, but are not be limited
				  to:
a) Records of funds. All records
				relating to the obligation, receipt, and use of public funds of the Agency are
				records subject to inspection and copying by the public. (Section 2.5 of
				FOIA)
b) Payrolls. Certified
				payroll records submitted to the Agency under Section 5(a)(2) of the Prevailing
				Wage Act [820 ILCS 130 ] are records subject to inspection and copying in
				accordance with the provisions of FOIA; except that contractors' and employees'
				addresses, telephone numbers, and Social Security numbers will be redacted by
				the Agency prior to disclosure. (Section 2.10 of FOIA)
c) Criminal history records. The following
				documents maintained by the Agency pertaining to criminal history record
				information are records subject to inspection and copying by the public
				pursuant to FOIA:
1) Court records that are
				public;
2) Records that are
				otherwise available under State or local law; and
3) Records in which the requesting party is
				the individual identified, except as provided under Section
				5376.202(a)(5)(F)
				 of this Part. (Section 2.15(b) of
				FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart B - CLASSIFICATION OF RECORDS › Section 5376.203 - Statutory Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent provided for by the following statutes, the
				  following shall be exempt from inspection and copying:
a) All information determined to be
				confidential under Section 4002 of the Technology Advancement and Development
				Act [20 ILCS 700 ].
b) Information
				the disclosure of which is restricted and exempted under Section 50 of the
				Illinois Prepaid Tuition Act [110 ILCS 979 ].
c) Information the disclosure of which is
				exempted under the State Officials and Employees Ethics Act [5 ILCS 430 ] and
				records of any lawfully created State or local inspector general's office that
				would be exempt if created or obtained by an Executive Inspector General's
				office under that Act.
d)
				Information prohibited from being disclosed by the Personnel Records Review Act
				[820 ILCS 40 ].
e) Information
				prohibited from being disclosed by the Illinois School Student Records Act [105
				ILCS 10 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 5376.301 - 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 office located in the
				Deerfield, Illinois office.
b)
				Contact information for the FOI Officer can be found online at
www.collegeillinois.org
.
c) FOIA requests may be submitted via mail,
				e-mail, fax, or hand delivery. Requests should be mailed or hand delivered to:
The Illinois Student Assistance Commission
1755 Lake Cook Road
Deerfield, Illinois 60015
Attn: FOI Officer
d) E-mailed requests should be sent to the
				FOI Officer at: ISAC.FOIA@isac. illinois.gov, and should indicate in the
				subject line of the e-mail that it contains a FOIA request. The specific
				request should be in the body of the email and should indicate whether an
				emailed response is adequate. Faxed FOIA requests should be faxed to
				847-948-5033, Attn: FOI Officer, and should indicate whether a faxed response
				is adequate.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 5376.302 - 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
				5376.402
				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 5376 - INFORMATION REQUESTS › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 5376.303 - 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 commercialpurpose 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
				5376.202
				or
				5376.203;
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 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.401 - Timeline for Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), the Agency will respond to any
				written request for records within 5 business days after its receipt of the
				request. Failure to comply with a written request, extend the time for
				response, or deny a request within 5 business days after its receipt shall be
				considered a denial of the request. If the Agency fails to respond to a request
				within the requisite periods in this subsection (a) but thereafter provides the
				requester with copies of the requested records, it will not impose a fee for
				such copies. If the Agency fails to respond to a request received, it will not
				treat the request as unduly burdensome as provided under Section
				5376.402.
				(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 5business 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 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.402 - Requests for Records that the Agency Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency will
				fulfill requests calling for all records falling within a category unless
				compliance with the request would unduly burden the Agency, there is no way to
				narrow the request, and the burden on the Agency outweighs the public interest
				in the information. Before invoking this exemption, the Agency will extend to
				the requester an opportunity to confer with it in an attempt to reduce the
				request to manageable proportions. (Section 3(g) of FOIA) The amended request
				must be in writing.
b) If the
				Agency determines that a request is unduly burdensome, it shall do so in
				writing, specifying the reasons why it would be unduly burdensome and the
				extent to which compliance will so burden the operations of the Agency. Such a
				response shall be treated as a denial of the request for information. (Section
				3(g) of FOIA)
c) Repeated requests
				for records that are unchanged or identical to records previously provided or
				properly denied under this Part from the same person shall be deemed unduly
				burdensome.(Section 3(g) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.403 - 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 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.404 - 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
				5376.402,
				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
				5376.202
				or
				5376.203 of
				this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.405 - Requests for Review of Denials - Public Access Counselor

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person whose request to inspect or copy
				a record is denied by the Agency may file a request for review with the Public
				Access Counselor established in the Office of the Attorney General not later
				than 60 days after the date of the final denial. (Section 9.5(a) of
				FOIA)
b) If the Agency asserts that
				the records are exempt under Section
				5376.202(a)(4)
				or (a)(7), it will, within the time periods
				provided for responding to a request, provide written notice to the requester
				and the Public Access Counselor of its intent to deny the request in whole or
				in part. The notice will include:
1) A copy
				of the request for access to records;
2) The proposed response from the Agency;
				and
3) A detailed summary of the
				Agency's basis for asserting the exemption. (Section 9.5(b) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.406 - 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 Cook 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 5376 - INFORMATION REQUESTS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 5376.407 - 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)