AUTHORITY: Implementing and authorized by the Freedom of Information Act [5 ILCS 140].

SOURCE: Adopted at 8 Ill. Reg. 19455, effective September 26, 1984; amended at 32 Ill. Reg. 13210, effective August 1, 2008.

SUBPART A: OVERVIEW OF THE OFFICE OF LIEUTENANT GOVERNOR

 

Section 526.10  Purpose

 

a)         The Office of Lieutenant Governor is established pursuant to Article V, Section 14 of the Illinois Constitution of 1970.  The Constitution entitles the Lieutenant Governor to exercise certain powers in the executive branch delegated by the Governor and prescribed by law.

 

b)         The major responsibilities designated by statute include:

 

1)         Chairman of the Illinois River Coordinating Council,

 

2)         Chairman of the Mississippi River Coordinating Council,

 

3)         Chairman of the Green Governments Coordinating Council,

 

4)         Chairman of the Interagency Military Base Support and Economic Development Committee.

 

c)         In addition, the Lieutenant Governor, pursuant to executive orders, manages the Illinois Main Street program, the Governor's Rural Affairs Council and the Broadband Deployment Council.

 

 (Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.20  Functional Divisions

 

The Chief Administrative Office of the Lieutenant Governor's Office is located in Room 214, State House, Springfield, Illinois 62706.  A block diagram of the divisions is provided in Appendix A of this Part. 

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.30  Offices

 

The Office of Lieutenant Governor maintains separate offices at the following locations:

 

a)         Room 214, State House

Springfield IL 62706

 

b)         Room 414, Stratton Office Bldg.

Springfield IL 62706

 

c)         100 W. Randolph

Suite 15-200

Chicago IL 60601

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

SUBPART B: PROCEDURES BY WHICH PUBLIC RECORDS MAY BE OBTAINED

 

Section 526.110  Policy

 

The disclosure of full and complete information regarding the affairs of government is necessary to enable the public to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.  A well informed public is an essential element of our constitutional form of government, which sets democracy apart from other forms of government.  Recognizing the importance of keeping the public informed, this office is committed to the practice of making public records available for public inspection and copying.

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.120  Requests for Public Records

 

a)         How made and addressed.  All requests to inspect and copy or to receive copies of public records shall be in writing.  All requests shall be mailed or otherwise delivered to the person and location specified below:

 

Public Information Officer

Office of the Lieutenant Governor

100 W. Randolph, Suite 15-200

Chicago IL 60601

 

b)         Description of records sought.  A request for access to a record should reasonably describe that record by reference to the subject matter and approximate date of issuance, if known.

 

c)         Additional information may be requested.  If the information supplied by the requester is not sufficient to permit location of the records by office personnel with a reasonable amount of effort, the requester may be asked to supply additional necessary information that will enable the office to locate the document.  If necessary, the office shall extend to the requester an opportunity to confer with office personnel in order to attempt to reformulate the request in a manner that will meet the needs of the requester and the requirements of the office. The original request will be considered to have been withdrawn.  The request will be considered officially to have been filed when the reformulated request is filed.

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.130  Processing Requests

 

a)         Referral to appropriate employee.  The Public Information Officer shall make and retain a copy of each request and forward it to the person or persons within the Office of the Lieutenant Governor having primary responsibility for the record requested.  Within 7 working days after receipt of an identifiable request, the office shall determine whether to comply with or deny the request and shall so notify the requester.

 

b)         Extension of time.  In unusual circumstances as specified in Section 3(d) of the Freedom of Information Act (the Act), the Office of the Lieutenant Governor may extend the time for initial determination on requests up to a total of 7 additional working days.  A written notice to the requester that sets forth the reason for the extension and the approximate date that either compliance or denial can be expected will be sent by the Public Information Officer within the original 7 working day period.

 

c)         Delay treated as a denial.  If no determination has been made at the end of the 7 working day period, or at the end of the 14^th working day in the event that an extension of time under Section 3(d) of the Act is utilized, the requester may deem the request denied.

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.140  Response to Request

 

a)         Granted request.  The Public Information Officer shall notify the requester in writing as to where and when the record may be inspected and copied, if desired, and of any applicable fees.

 

1)         Public records that are the subjects of an approved request may be inspected at the following locations and times unless otherwise notified:

 

Location		Times
100 W. Randolph Suite 15-200 Chicago IL 60601		9:00 a.m.  5:00 p.m. Mondays thru Fridays except State Holidays

 

2)         Persons whose request for inspection of public records has been approved may copy any portion of the requested records.  However, records shall not be removed by the person from the premises where they are being inspected.  Further, this office may but is not required to provide copying equipment for use by any person inspecting public records.

 

3)         Persons may request copies of public records that will be provided by this office upon payment of copying fees as established under these rules. Certified copies of records may be requested for an additional fee as established by Section 526.160.

 

4)         Any copies of public records provided by this office may be picked up at the locations and times specified in subsection (a)(1) unless otherwise notified.

 

b)         Delayed request.  When the Office of the Lieutenant Governor determines that unusual circumstances exist that call for an extension of time pursuant to Section 3(d) of the Act, the Public Information Officer shall, within the 7 day period, notify the requester in writing about the delay, the reason for the delay and the approximate date that either compliance or denial can be expected.

 

c)         Denied request.  The Public Information Officer shall notify the requester in writing, in the manner provided in Section 9(a) and (b) of the Act, when a record may not be inspected or copied.

 

d)         Record cannot be located.  If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of or does not exist, the requester shall be so notified by the Public Information Officer.  (See Section 526.120(c).)

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.150  Review of Denial

 

a)         Appeal to Lieutenant Governor.  A person whose request for information is denied may appeal that decision by mailing or otherwise delivering a notice of appeal to the Lieutenant Governor at the following location:

 

             

            Lieutenant Governor

            214 State House

            Springfield IL 62706

 

b)         Appeal in writing.  An appeal to the Lieutenant Governor shall be in writing and shall include a statement of the circumstances, reasons or arguments advanced in support of disclosure, and a copy of any written denial issued.  The envelope and appeal letter should be clearly marked "Freedom of Information Appeal".  The appeal must be filed within a reasonable period of time.

 

c)         Written determination.  A written determination with respect to the appeal shall be made within 7 working days after receipt of the appeal.  If the records, or any segregable part of the records, are found to be improperly withheld, the Lieutenant Governor shall order the appropriate person to make them available.

 

d)         Denial of appeal.  A denial of an appeal in whole or in part shall be sent to the requester in writing, in a manner provided in Section 10(a) of the Act.  The denial shall inform the requester of the right of judicial review.

 

e)         Delay in determination.  If no determination has been made at the end of 7 working days, the requester may deem his/her appeal denied, and exercise his/her right to judicial review of the denial.

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.160  Fee Schedule for Copies of Records

 

a)         When charged.  The Office of the Lieutenant Governor shall charge fees according to the schedule provided in this Section to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the Lieutenant Governor's Office to copy records.  Fees shall not be charged, however, if the Lieutenant Governor determines that waiver or reduction of the fee is in the public interest because furnishing information can be considered as primarily benefiting the general public. The Lieutenant Governor's determination shall ordinarily not be made unless the service to be performed will be of benefit primarily to the public as opposed to the requester, or unless the requester is an indigent individual.

 

b)         Copies.  For copies of documents (maximum of two copies will be supplied), $1 per copy page. For electronic copies of any audio or video recordings, $5 per CD or DVD.

 

c)         Certification.  For certification of true copies, each, $1.00.

 

d)         Notice of anticipated fees in excess of $25.  When it is anticipated that fees chargeable under this Section will amount to more than $25, and the requester has not indicated in advance his/her willingness to pay fees as high as are anticipated, the requester shall be notified of the amount of the anticipated fee or the portion of the fee that can readily be estimated. In such cases, a request will not be deemed to have been received until the requester is notified of the anticipated cost and agrees to bear it.  The notification shall offer the requester the opportunity to confer with office personnel with the object of reformulating the request so as to meet his/her needs at lower cost.

 

e)         Form of payment.  Payment shall be made by check or money order payable to the State of Illinois.

 

f)         Advance deposit.  When the anticipated fee chargeable under this Section exceeds $25, an advance deposit of 25% of the anticipated fee or $25, whichever is greater, may be required before the material will be reproduced.  When a requester previously failed to pay a fee under this Section, an advance deposit of the full amount of the anticipated fee may be required.

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)

 

Section 526.170  Governing Provisions

 

This Part is subject to the provisions of the Freedom of Information Act and all other applicable laws of the State of Illinois. 

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)




Section 526.APPENDIX A   Organizational Chart

 

OFFICE OF THE LIEUTENANT GOVERNOR

 

Organizational Chart

 

 

Lt. Governor

Communications

Community Outreach

Operations

Intergovernmental Affairs

Environment

Military Family

Rural Affairs

 

 

 

(Source:  Amended at 32 Ill. Reg. 13210, effective August 1, 2008)




Section 526.APPENDIX B   Senior Action Center Organizational Chart (Repealed)

 

(Source:  Repealed at 32 Ill. Reg. 13210, effective August 1, 2008)