reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 701 - FREEDOM OF INFORMATION ACT › Subpart E - PROCEDURE FOR PROVIDING PUBLIC RECORDS TO REQUESTORS › Section 701.110 - Inspection Of Public Records At Department Offices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public records shall be available for
				inspection at the Department's Springfield office and only during the normal
				working hours of the Department as set forth in Section 18 of The Civil
				Administrative Code of Illinois (Ill. Rev. Stat. 1983, ch. 127, par. 18). The
				FOI Officer shall set an appointed time for the inspection of the public
				records.
b) A Department employee
				may be present during the inspection of public records.
c) Documents which the requestor wishes to
				have copies of shall be segregated during the course of the inspection.
				Photocopying shall be done by Department employees.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 701 - FREEDOM OF INFORMATION ACT › Subpart E - PROCEDURE FOR PROVIDING PUBLIC RECORDS TO REQUESTORS › Section 701.120 - Copies Of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Copies of public records shall be provided to the requestor only upon receipt
				of the payment of any charges which are due.
b) Charges for copies of public records shall
				be assessed in accordance with the Fee Schedule For Duplication Of Public
				Records as set forth in Section
				701.140,
				unless the fees have been waived as set forth in Section
				701.130.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 701 - FREEDOM OF INFORMATION ACT › Subpart F - FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS AND WAIVER OF FEES › Section 701.130 - Waiver Of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Charges shall be
				waived if the requestor is another agency of this State, a Constitutional
				officer of this State, or a member of the Illinois General Assembly.
b) Charges shall be waived by the FOI Officer
				or Director when the waiver benefits the Department in the administration of
				its programs or facilitates public awareness of such programs.
c) The FOI Officer shall make available to
				any person at no charge general information as set forth in Section
				701.20.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 701 - FREEDOM OF INFORMATION ACT › Subpart F - FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS AND WAIVER OF FEES › Section 701.140 - Fee Schedule For Duplication Of Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Paper copy from paper original (duplicated on 81/2 X
							 11 or 81/2 X 14 inch paper; each side of the paper original shall be considered
							 a separate
							 page).........................................................................................
$.10
b)
Computer printout (paper - per
							 page)....................................................
.05
c)
Certification Charge (per
							 request)..........................................................
.50
d) Duplication
				of public records which the Department cannot reproduce in-house (e.g., film
				prints, audio tapes, microfiche, and microfilm) will be contracted for by the
				Department provided the requestor agrees to pay the costs charged by the
				commercial entity performing the duplication.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 725.10 - Rules of General Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department's rules are available on the Illinois General Assembly website.
				Requests for information regarding the Department's rules should be directed
				to:
Office of General Counsel
Illinois Department on Aging
One Natural Resources Way, #100
Springfield, Illinois 62702
Aging.Rulemaking@illinois.gov
b) The Department's rules are found at:
2 Ill. Adm. Code, Part 725, Public Information, Rulemaking
				  and Organization;
2 Ill. Adm. Code, Part 726, Access to Information of the
				  Department on Aging;
4 Ill. Adm. Code, Part 1725, Americans With Disabilities Act
				  and Civil Rights Program Grievance Procedure;
86 Ill. Adm. Code, Part 530, Senior Citizens and Disabled
				  Persons Property Tax Relief and Pharmaceutical Assistance Act;
89 Ill. Adm. Code, Part 210, Introduction;
89 Ill. Adm. Code, Part 220, General Programmatic
				  Requirements;
89 Ill. Adm. Code, Part 230, Older Americans Act
				  Programs;
89 Ill. Adm. Code, Part 240, Community Care Program;
89 Ill. Adm. Code, Part 270, Adult Protection and Advocacy
				  Services;
89 Ill. Adm. Code, Part 271, Joint Rules of The Department on
				  Aging and The Department of Financial and Professional Regulation: Financial
				  Exploitation Training by Financial Institutions; and
89 Ill. Adm. Code, Part 280, Community Based Residential
				  Facilities Demonstration Project.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 725.20 - Operating Manuals

Current through Register Vol. 48, No. 28, July 12, 2024
The Department's operating procedures and policies are
				  contained in policy and procedure manuals and in policy and procedure letters.
				  Copies of these materials may be published on the Department's website.
				  Requests for information regarding the Department's operating procedures and
				  policies not published on the Department's website should be directed
				  to:
FOI Officer
Illinois Department on Aging
One Natural Resources Way, #100
Springfield, Illinois 62702
Aging.FOIA@illinois.gov
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 725.30 - Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
Current informational documents and brochures about subjects
				  and activities of the programs administered by the Department may be published
				  on the Department's website. (See
				  5 ILCS
				  100/5-15(a)(2) ) Requests for
				  information and copies of current informational documents and brochures not
				  published on the Department's website should be directed to:
FOI Officer
Illinois Department on Aging
One Natural Resources Way, #100
Springfield, Illinois 62702
Aging.FOIA@illinois.gov
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 725.40 - Materials to Aid Users with Finding and Using Department Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Tables of contents, indices, reference tables, and
				  other materials to aid users in finding and using the agency's collection of
				  rules currently in force
are available on the Illinois General
				  Assembly website. (See
				  5 ILCS
				  100/5-15(a)(3) ) Requests for
				  information regarding materials not available on the websites of the Illinois
				  General Assembly and the Department should be directed to:
Office of General Counsel
Illinois Department on Aging
One Natural Resources Way, #100
Springfield, Illinois 62702
Aging.Rulemaking@illinois.gov.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 725.50 - Individual Case Record Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Information concerning individuals receiving services through programs
				administered by the Department and/or by the area agency is protected under
				federal and State confidentiality laws and rules and Department rules, policies
				and procedures and may be released only under specified conditions.
b) Where information covered by federal and
				State confidentiality laws and rules and/or Department rules, policies and
				procedures is furnished by or to other agencies, such laws, rules, policies and
				procedures shall be applied to such information.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 725.110 - Identification of Need for Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Department identifies a need for
				rulemaking, all rulemaking including rules, amendments, and repealers will be
				prepared in accordance with the Illinois Administrative Procedure Act [ 5 ILCS
				100 ] and the Rulemaking Procedures for Codification (1 Ill. Adm. Code 100).
				Please refer to Table A.
b)
				Proposed rulemaking of any type shall be coordinated by the General Counsel to
				the Director before submission to the Administrative Code Unit of the Illinois
				State Library. The General Counsel shall coordinate all rulemaking for the
				Department with the Joint Committee on Administrative Rules.
c) Public hearings may be conducted on
				proposed rulemaking.
d) All timely
				public comments shall be considered by the Director during the first notice
				period. Comments must be received by the contact person designated for receipt
				of comments for the rulemaking by 5:00 p.m. on the closing date to be
				timely.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 725.120 - Requests for Adoption of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may request the Department adopt a new rule or
				  amend or repeal a rule currently in effect.
a) The written request needs to:
1) Identify the current rule to be amended or
				repealed or state the substance of the new rule proposed,
2) Include an explanation and any supporting
				documentation, and
3) Identify the
				requestor's organizational affiliation, if any.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - RULEMAKING › Section 725.130 - Rulemaking Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department determines rulemaking should be pursued,
				  the necessary steps for filing and publication, as specified in the Illinois
				  Administrative Procedure Act [ 5 ILCS 100 ] shall be
				  followed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 725 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - ORGANIZATION STRUCTURE › Section 725.210 - Department Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				organization and duties of the Department staff are established by the
				Director, as provided by Section 6.05 of the Illinois Act on Aging [
				20 ILCS 105/6.05
				].
b) The organization of the
				Department is illustrated in the organization chart in Table B.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart A - INTRODUCTION › Section 726.100 - Summary and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				states the policy of the Department on Aging (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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart B - CLASSIFICATION OF RECORDS › Section 726.200 - Records that Will Be Disclosed

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request meeting the requirements of this Part, the
				  Agency shall disclose to the requester all records requested except that it
				  shall not disclose certain records as provided in Section
				  726.205
				  or
				  726.210.
				  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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart B - CLASSIFICATION OF RECORDS › Section 726.205 - 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(1) 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart B - CLASSIFICATION OF RECORDS › Section 726.210 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 726.300 - 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) The
				Agency has one FOI Officer, located in the Springfield office.
c) Contact information for the FOI Officer
				can be found online at www2. illinois.gov/Pages/FOIA-Contacts.aspx.
d) FOIA requests may be submitted via mail,
				e-mail, or in person to:
FOIA Office
Illinois Department on Aging
One Natural Resources Way, Suite 100
Springfield IL 62702-1271
Aging.FOIA@illinois.gov
e) Emailed requests should 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 726.305 - Information To Be Provided in Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
A request for records should include:
a) The complete name, mailing address and
				telephone number of the requester;
b) As specific a description as possible of
				the records sought. Requests that the Agency considers unduly burdensome or
				categorical may be denied. (See Section 3(g) of FOIA and Section
				726.405
				of this Part.);
c) A statement as
				to the requested medium and format for the Agency to use in providing the
				records sought: for example, paper, specific types of digital or magnetic
				media, or videotape;
d) A statement
				as to the requested manner for the Agency to use in providing the records
				sought: for example, inspection at Agency headquarters or providing paper or
				electronic copies;
e) A statement
				as to whether the requester needs certified copies of all or any portion of the
				records, including reference to the specific documents that require
				certification; and
f) A statement
				as to whether the request is for a commercial purpose.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 726.310 - 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
				726.205
				or
				726.210;
3)
Notify the requester that the
				request is unduly burdensome and extend an opportunity to the requester to
				attempt to reduce the request to manageable proportions; or
4)
Provide the records
				requested.
(Section 3.1(a) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY › Section 726.315 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.400 - Timeline for Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in subsection (b) or (c), the Agency will respond to any
				written
request for records within 5 business days after its receipt of
				the request. Failure to comply with a written request, extend the time for
				response, or deny a request within 5 business days after its receipt shall be
				considered a denial of the request. If the Agency fails to respond to a request
				within the requisite periods in this
subsection (a)
but
				thereafter provides the requester with copies of the requested records, it will
				not impose a fee for
those
copies. If the Agency fails to
				respond to a request received, it will not treat the request as unduly
				burdensome as provided under
Section
				726.405.
				(Section 3(d) of FOIA) A written request from the Agency to provide additional
				information shall be considered a response to the FOIA request.
b)
The time limits prescribed
				in
subsection (a)
may be extended for not more than 5 business
				days from the original due date for any of the following reasons:
1)
The requested records are stored
				in whole or in part at locations other than the office having charge of the
				requested records;
2)
The request requires the collection of a substantial number of
				specified records;
3)
The request is couched in categorical terms and requires an extensive
				search for the records responsive to it;
4)
The requested records have not
				been located in the course of routine search and additional efforts are being
				made to locate them;
5)
The requested records require examination and evaluation by personnel
				having the necessary competence and discretion to determine if they are exempt
				from disclosure under Section 7
or 7.5 of FOIA or should be
				revealed only with appropriate deletions
;
6)
The request for records cannot be
				complied with by the Agency within the time limits prescribed by
subsection (a)
without unduly burdening or interfering with the
				operations of the Agency; or
7)
There is a need for consultation,
				which shall be conducted with all practicable speed, with another public body
				or among two or more components of a public body having a substantial interest
				in the determination or in the subject matter of the request.
(Section
				3(e) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.405 - Requests for Records that the Agency Considers Unduly Burdensome

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Agency will fulfill requests calling for all records falling within a category
				unless compliance with the request would unduly burden the Agency, there is no
				way to narrow the request, and the burden on the Agency outweighs the public
				interest in the information. Before invoking this exemption, the Agency will
				extend to the requester an opportunity to confer with it in an attempt to
				reduce the request to manageable proportions.
(Section 3(g) of FOIA)
				The amended request must be in writing.
b) If the Agency determines that a request is
				unduly burdensome,
it shall do so in writing, specifying the reasons
				why it would be unduly burdensome and the extent to which compliance will so
				burden the operations of the Agency.
The
response shall be
				treated as a denial of the request for information.
(Section 3(g) of
				FOIA)
c)
Repeated requests
				from the same person for records that are unchanged or identical to records
				previously provided or properly denied under
this Part
shall
				be deemed unduly burdensome.
(Section 3(g) of FOIA)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.410 - 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
				726.105,
within 21 business days after receipt. The response shall
:
1)
provide to the requester an
				estimate of the time required by the
Agency
to
				provide the records requested and an estimate of the fees to be charged, which
				the Agency
may require the person to pay in full before copying
				the requested documents
;
2)
deny the request pursuant to one
				or more of the exemptions set out in this
Part;
3)
notify the requester that the
				request is unduly burdensome and extend an opportunity to the requester to
				attempt to reduce the request to manageable proportions; or
4)
provide the records
				requested.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.415 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.420 - 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
				726.405,
				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
				726.205
				or
				726.210
				of this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.430 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 726.435 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 726.500 - 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 One Natural Resources Way, Suite 100,
				Springfield IL 62702-1271, or at another location agreed to by both the Agency
				and the requester. No original record shall be removed from State-controlled
				premises except under constant supervision of the agency responsible for
				maintaining the record. The Agency may provide records in duplicate forms,
				including, but not limited to, paper copies, data processing printouts,
				videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer
				disks and diazo.
b)
When a
				person requests a copy of a record maintained in an electronic format, the
				Agency shall furnish it in the electronic format specified by the requester, if
				feasible. If it is not feasible to furnish the records in the specified
				electronic format, then the Agency shall furnish it in the format in which it
				is maintained by the Agency, or in paper format at the option of the
				requester.
(Section 6(a) of FOIA)
c) A requester may inspect records by
				appointment only, scheduled subject to space availability. The Agency will
				schedule inspection appointments to take place during normal business hours,
				which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State
				holidays. If the requester must cancel the viewing appointment, the requester
				shall so inform the Agency as soon as possible before the
				appointment.
d) In order to
				maintain routine Agency operations, the requester may be asked to leave the
				inspection area for a specified period of time.
e) The requester will have access only to the
				designated inspection area.
f)
				Requesters shall not be permitted to take briefcases, folders or similar
				materials into the room where the inspection takes place. An Agency employee
				may be present during the inspection.
g) The requester shall segregate and identify
				the documents to be copied during the course of the inspection.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 726.505 - Fees for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section
				726.510,
				unless a fee is otherwise fixed by statute, the Agency will provide copies of
				records and certifications of records in accordance with the fee schedule set
				forth in Appendix A.
b)
In
				calculating its actual cost for reproducing records or for the use of the
				equipment of the Agency to reproduce records, the Agency will not include the
				costs of any search for and review of the records or other personnel costs
				associated with reproducing the records.
(Section 6(b) of
				FOIA)
c) In order to expedite the
				copying of records that the Agency cannot copy, due to the volume of the
				request or the operational needs of the Agency, in the timelines established in
				Section
				726.400,
				the requester may provide, at the requester's expense, the copy machine, all
				necessary materials, and the labor to copy the public records at the Agency
				headquarters in Section
				726.500,
				or at another location agreed to by both the Agency and the requester. No
				original record shall be removed from State-controlled premises except under
				constant supervision of the agency responsible for maintaining the
				record.
d) Copies of records will
				be provided to the requester only upon payment of any fees due.
The
				Agency may charge the requester for the actual cost of purchasing the recording
				medium, whether disc, diskette, tape, or other medium, but the Agency will not
				charge the requester for the costs of any search for and review of the records
				or other personnel costs associated with reproducing the records.
(Section 6(a) of FOIA) Payment must be by check or money order sent to the
				Agency, payable to "Treasurer, State of Illinois".
e) If a contractor is used to inspect or copy
				records, the following procedures shall apply:
1) The requester, rather than the Agency,
				must contract with the contractor;
2) The requester is responsible for all fees
				charged by the contractor;
3) The
				requester must notify the Agency of the contractor to be used prior to the
				scheduled on-site inspection or copying;
4) Only Agency personnel may provide records
				to the contractor;
5) The Agency
				must have verification that the requester has paid the Agency, if payment is
				due, for the copying of the records before providing the records to the
				contractor; and
6) The requester
				must provide to the Agency the contractor's written agreement to hold the
				records secure and to copy the records only for the purpose stated by the
				requester.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS › Section 726.510 - 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 726 - ACCESS TO RECORDS OF THE DEPARTMENT ON AGING SUBA: INTRODUCTION › 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 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - GENERAL › Section 750.10 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
It is the policy of the Department of Central Management
				  Services to promulgate rules describing the operation of the Department
				  whenever rules will enable State agencies, employees or the public to better
				  understand the Department's functions.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - DESCRIPTION AND ORGANIZATION › Section 750.30 - Functional Description

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Central Management Services provides
				  centralized services to State Agencies. Those major services and the basic
				  governing statutes are listed below. Further definition by rule can be found in
				  other parts promulgated by the Department.
Ill. Rev. Stat. 1983, ch.
							 127,
a)
Electronic Data Processing
par. 35.7, 35.7a
b)
Real Estate Purchase
par. 51
c)
Risk Management
par. 63b4
d)
Procurement
par. 63b13.1
e)
Real Property Lease
pars. 63b13.2, 63b13.6
f)
Printing
par. 63b13.4
g)
Media Services
par. 63b13.5
h)
Telecommunications
pars. 63b13.8, 63b13.18
i)
Supply Warehouses
par. 63b13.9
j)
Vehicles
pars. 63b13.15, 63b13.16
k)
Property Control and Disposal
par. 63b13.21
l)
Forms Management
par. 63b13.23
m)
Building Management
par. 63b13.24
n)
Personnel
par. 63b101
o)
Employee Group Insurance
par. 514
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart B - DESCRIPTION AND ORGANIZATION › Section 750.40 - Organizational Description

Current through Register Vol. 48, No. 28, July 12, 2024
The Department is headed by a Director and two Assistant
				  Directors. Six Bureaus run the day to day operations. The Director's staff, the
				  Bureaus and their Divisions are described as follows:
a) Office of the Director. Provides general
				management and defines the departmental mission in responding to statutory
				requirements and administration directives. Providing support to the Director
				are two assistant directors and other staff including Legal Services, Internal
				Auditing, Governmental Affairs (legislative), Investigations Security,
				Inter-Agency Coordination (management consulting, analysis and procedural
				audits), Illinois Information Service (media services) and Public
				Information.
b) Bureau of
				Administrative Operations. Provides budget development, financial control, data
				systems design and office management services for the Department through four
				Divisions.
1) Division of Accounting is
				responsible for all receipts and recording of transactions for the revolving
				funds administered by the Department. Revolving funds account for products
				services sold by the Department to other State agencies. These revolving funds
				are the Communications Revolving Fund, Office Supply Revolving Fund, Paper and
				Printing Revolving Fund, State Garage Revolving Fund, Statistical Services
				Revolving Fund and Surplus Property Revolving Fund. The Division is also
				responsible for control of expenditure of appropriated monies, in General
				Revenue, Group Insurance Premium, Deferred Insurance and Road Funds.
2) Budget Division assembles all information
				regarding financial needs of the Department and prepares it for submission to
				the Bureau of the Budget. After BOB review, this information is revised as
				necessary and prepared for submission to the General Assembly for appropriation
				approval.
3) Division of Data
				Systems organizes information in electronic form for use by the Department.
				This Division assists in designing new automated systems to enhance Department
				operations.
4) Division of General
				Services provides office management functions within the Department including
				payroll preparation, pool typing, office allocation, in-house mail service and
				purchasing. This Division also administers the Governor's Travel Control Board
				rules.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - RULEMAKING PROCESS › Section 750.60 - Rulemaking Process

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or any interested party may propose a rule,
				  amendment to a rule, or the repeal of a rule. Each proposal shall be treated in
				  the following manner.
a) All rule
				proposals shall be directed to the Bureau Manager in charge of the appropriate
				program. The Bureau Manager will consult with the Director and other Bureau
				Managers as necessary to avoid duplication of effort and to determine whether
				there is a need to consider the proposal.
b) If the proposal is to be pursued, the
				Bureau Manager will consider the purpose and need for the proposal,
				alternatives, associated costs, effect of the proposal on others and authority
				to promulgate the proposal as a rule. In resolving these matters the Bureau
				Managers shall consult with other Bureau Managers and staff as necessary and
				shall consult with the Legal Services Unit.
c) The Bureau Manager shall prepare draft
				language, have it reviewed by Legal Services Unit and submit it to the Director
				for review and approval with whatever supporting documentation is
				needed.
d) The Director shall
				review the report and proposed language, if necessary, and reject the proposal,
				ask for revisions or cause the proposed rule to be published in the Illinois
				Register.
e) Preparation of
				proposed rules for publication in the Illinois Register, submission to the
				Joint Committee on Administrative Rules and filing of adopted rules with the
				Secretary of State is the responsibility of the Bureau Manager. Responding to
				public comment or JCAR comments and testifying at hearing is the responsibility
				of the Bureau Manager.
f) Rules
				promulgated to implement the Personnel Code must be presented at a public
				hearing and then presented to the Civil Service Commission. The public hearings
				shall be scheduled as part of the first notice period of the Illinois
				Administrative Procedure Act process. Consideration by the Civil Service
				Commission shall be after the hearings but before the end of the first notice
				period. Any substantive change made as a result of JCAR comment shall be
				submitted to the Civil Service Commission for consideration.
g) Rules of the Governor's Travel Control
				Board are promulgated by the Department after board approval. Changes made to
				accommodate public or JCAR comments, that are substantive in nature, may be
				made if approved by the Board.
h)
				The Bureau Manager shall inform other Bureau Managers of any rules that might
				affect their operations.
i) Rules
				in final form shall be provided to the Legal Services Unit which is the
				Department's official depository for administrative rules.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart C - RULEMAKING PROCESS › Section 750.70 - Rulemaking Flowchart

Current through Register Vol. 48, No. 28, July 12, 2024
The chart depicting the process of rulemaking within the
				  Department is shown in Appendix B to this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart D - ACCESS TO INFORMATION › Section 750.80 - Access to Information

Current through Register Vol. 48, No. 28, July 12, 2024
Requests to see or copy departmental information shall be
				  governed by the provisions of 2 Ill. Adm. Code 751.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 750 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart D - ACCESS TO INFORMATION › Appendix B - Rulemaking Flowchart

Current through Register Vol. 48, No. 28, July 12, 2024
a. General
				Rules
Proposal ----- Bureau Manager (receipt) ----- Director
				  (approval to proceed) ----- Bureau Manager (research and drafting) ----- Legal
				  Services (language review) ----- Bureau Manager (revisions) ----- Director
				  (approval to proceed) ----- Bureau Manager (adoption administration including
				  Illinois Register publication, JCAR and Civil Service Commission review of
				  Personnel Rules)
b.
				Governor's Travel Control Board Rules
Proposal ----- Board or Bureau of Administration (receipt)
				  ----- Board (approval to proceed) ----- Bureau of Administration (research and
				  drafting) ----- Legal Services (language review) ----- Bureau of Administration
				  (revisions) ----- Director (approval to proceed) ----- Board (approval to
				  proceed) ----- Bureau of Administration (adoption administration including
				  Illinois Register publication and JCAR)
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart A - INTRODUCTION › Section 751.10 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules 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.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart A - INTRODUCTION › Section 751.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Terms used in
				this part shall have the same meaning as in the Freedom of Information
				Act.
b) "FOIA" means the Freedom of
				Information Act.
c) "Freedom of
				Information Officer" means an individual responsible for receiving and
				responding to requests for public records.
d) "Requestor" means a person who submits a
				request for public records in accordance with this part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 751.30 - 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 Freedom
				  of Information Officer of this Department. Requests shall be submitted to the
				  following address:
Freedom of Information Officer
Department of Central Management Services
715 Stratton Office Building
Springfield, Illinois 62706
Attention: FOIA Request
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart B - PROCEDURES FOR REQUESTING PUBLIC RECORDS › Section 751.40 - Form and Content of Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests in accordance with the FOIA and this Part shall be made in writing.
				FOIA request forms are available from the Department.
b) Oral requests will be handled
				expeditiously. However, the required response times and the appeal procedures
				contained in the FOIA and these rules do not apply to oral requests.
c) The requestor shall provide the following
				information in a request for public records:
1) The requestor's full name, address and
				phone number.
2) A brief
				description of the public records sought, being as specific as
				possible.
3) Whether the request is
				for inspection of public records, copies of public records, of both.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart C - PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 751.50 - Time Limit 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 7
				working days after the receipt of such request.
b) The Department may require an extension of
				time to respond which does not exceed an additional 7 working days. Such an
				extension is allowable only if written notice is provided within the original 7
				working day time limit and only for the reasons provided in Section 3(d) of the
				FOIA. Such notice of extension shall state the reasons why the extension is
				necessary.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart C - PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS › Section 751.60 - Types of Department Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall respond to a request
				for public records in one of three ways:
1)
				Approve the request.
2) Approve in
				part and deny in part.
3) Deny the
				request.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 751 - ACCESS TO INFORMATION › Subpart D - PROCEDURES FOR APPEAL OF A DENIAL › Section 751.70 - Appeal of Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) A requestor
				whose request has been denied by the Freedom of Information Officer may appeal
				the denial to the Director of the Department. The notice of appeal shall be
				made in writing and sent to:
Director
Department of Central Management Services
715 Stratton Building
Springfield, Illinois 62706
Attention: 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.