AUTHORITY: Implementing and authorized by Section 3(g) of the Freedom of Information Act [5 ILCS 140/3(g)] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 9 Ill. Reg. 1027, effective January 16, 1985; amended at 18 Ill. Reg. 7739, effective May 9, 1994; amended at 19 Ill. Reg. 4995, effective March 17, 1995; amended at 34 Ill. Reg. 11459, effective August 13, 2010; amended at 42 Ill. Reg. 16032, effective August 1, 2018.

SUBPART A: INTRODUCTION

 

Section 601.100  Summary and Purpose

 

a)         These rules are established to implement the provisions of The Freedom of Information Act (Ill. Rev. Stat. 1991, ch. 116, pars. 201 et seq.) [5 ILCS 140/1 et seq.].  The purpose of these rules is to support the policy of providing public access to the public records in the possession of the Office of the Auditor General while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.  To this end, the Auditor General's Regulation on Maintenance of Information, 74 Ill. Adm. Code 420:  Subpart G, is incorporated herein by reference.

 

b)         These rules create a procedure by which the public may request and obtain public records.  Therefore, they are being filed as internal rules in accordance with Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) [5 ILCS 100/5-15].

 

(Source:  Amended at 18 Ill. Reg. 7739, effective May 9, 1994)

 

Section 601.110  Definitions

 

Terms used in this Part shall have the same meaning as in the Freedom of Information Act.

 

            "FOIA" means the Freedom of Information Act [5 ILCS 140].

 

            "Freedom of Information Officer" or "FOI Officer" means an individual or individuals responsible for receiving and responding to requests for public records.

 

            "OAG" means Office of the Auditor General.

 

            "Requester" means a person who submits a request for public records in accordance with this Part.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 601.200  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to the Freedom of Information Officer of the Office of the Auditor General.  Requests for public records may be submitted by mail, e-mail, hand delivery or facsimile, directed to the FOI Officer, as follows:

 

FOI Officer

Office of the Auditor General

Iles Park Plaza

740 East Ash

Springfield, Illinois  62703-3154

(217)782-6046 (phone)

(888)261-2887 (TTY)

(217)785-8222 (facsimile)

oag.auditor@illinois.gov

 

(Source:  Amended at 42 Ill. Reg. 16032, effective August 1, 2018)

 

Section 601.210  Form and Content of Requests

 

a)         Requests must be made in accordance with FOIA.

 

b)         The requester shall provide the following information in a request for public records:

 

1)         A description of the public records sought, being as specific as possible;

 

2)         Whether the request is for inspection of public records, copies of public records, or both; and

 

3)         Whether the public record is being obtained for a commercial purpose.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

SUBPART C: PROCEDURES FOR RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 601.300  Time for Response

 

a)         OAG shall respond to a written request for public records within five business days after the receipt of the request.

 

b)         OAG may give notice of an extension of time to respond not exceeding an additional five business days.  An extension is allowable if written notice is provided within the original time limit for the reasons provided in Section 3(e) of FOIA. The notice of extension shall state the reasons why the extension is necessary and the date by which the response will be forthcoming.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.310  Types of Responses

                                               

a)         Upon approval of a request for public records, OAG may either make available the materials, give notice that the material shall be made available upon payment of allowable costs, or give notice of the time and place for inspection of records.

 

b)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of individuals responsible for the decision.  It shall also give notice of the requester's right to review by the Public Access Counselor established in the Office of the Attorney General and the requester's right to judicial review under Section 11 of FOIA.

           

c)         Failure to respond to a written request within five business days after receipt will be considered by the requester a denial of the request.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 601.400  Appeal of a Denial (Repealed)

                                                                       

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.410  Auditor General's Response to Appeal (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS

 

Section 601.500  Inspection of Records

 

a)         The inspection of records shall normally occur at the office of the Freedom of Information Officer during usual working hours (8:30-4:30 M-F). Either OAG or the requester may request that inspection take place in another location, but OAG may deny a requester's request if inconvenient to the production of records.

 

b)         Documents the requester wishes to have copied shall be segregated during the course of the inspection.  Generally, all copying shall be done by employees of the Office of the Auditor General.

 

c)         An OAG employee may be present throughout the inspection.  A requester may be prohibited from bringing bags, brief cases or other containers into the inspection room.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.510  Copies of Public Records

 

a)         Copies of public records not exempt from disclosure under FOIA will be provided unless the requester makes arrangements to personally inspect the public records as provided in Section 601.500.  The first 50 pages are provided free of charge.  The OAG reserves the right to charge fees to reimburse its actual cost for reproducing public records exceeding 50 pages, as allowed by FOIA.

 

b)         If the OAG incurs extraordinary shipping expenses for sending copies of public records to the requester, the OAG reserves the right to seek reimbursement of those actual shipping expenses from the requester.

 

c)         Charges may be waived or reduced in any case in which the FOI Officer determines that the waiver serves the public interest.

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.520  Materials Immediately Available

 

Detailed information about the OAG is publicly and immediately available at the OAG web site:  www.auditor.illinois.gov.  The OAG web site provides a description of the OAG's mission and responsibilities, organizational structure, categories of public records, and the process for obtaining public records.  Public records immediately available on the web site include audit reports issued by the OAG, the OAG's quarterly and annual reports, audit advisories, and Legislative Travel Control Board meeting minutes and policies.

                                               

 

(Source:  Amended at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX A   Request for Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX B   Fee Schedule for Duplication and Certification of Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX C   Approval of Request for Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX D   Denial of Request for Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX E   Partial Approval of Request for Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX F   Deferral of Response to Request for Public Records (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)

 

Section 601.APPENDIX G   FOIA Appeal/Auditor General's Response (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 11459, effective August 13, 2010)