AUTHORITY: Implementing and authorized by The Freedom of Information Act (Ill. Rev. Stat. 1985, ch. 116, par. 201 et seq.).

SOURCE: Adopted at 8 Ill. Reg. 15998, effective August 21, 1984; amended at 10 Ill. Reg. 20494, effective December 2, 1986.

SUBPART A: INTRODUCTION

 

Section 801.101  Summary and Purpose

 

a)         These rules are established to implement the provisions of the Freedom of Information Act (P.A. 83-1013, effective July 1, 1984, Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et. seq.).  The purpose of these rules is to promote the policy of providing public access to the public records in the possession and control of the Department of Commerce and Community Affairs while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         These rules create a procedure by which the public may request and obtain public records.  Therefore, they are being filed in accordance with Section 4.01 of the Illinois Administrative Procedures Act (Ill. Rev. Stat. 1983, ch. 127, par. 1004.01).

 

Section 801.102  Definitions

 

a)         Terms used in these rules 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 these rules.

 

e)         "Department" means the Illinois Department of Commerce and Community Affairs.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 801.201  Person To Whom Requests Are Submitted

 

Requests for public records shall be submitted to the Freedom of Information Officer of the Department of Commerce and Community Affairs. Requests shall be submitted to the following address:

 

            Freedom of Information Officer

            Communications Manager

            Illinois Department of Commerce and Community Affairs

            620 East Adams Street

            Springfield, Illinois 62701

 

(Source:  Amended at 10 Ill. Reg. 20494, effective December 2, 1986)

 

Section 801.202  Form and Content of Requests

 

a)         Requests in accordance with the FOIA and these rules shall be made in writing.  Such requests may be submitted on FOIA requests forms provided by the Department of Commerce and Community Affairs.

 

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, or both.

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUEST FOR PUBLIC RECORDS

 

Section 801.301  Timeline for Department Response

 

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 give notice of 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.

 

Section 801.302  Types of Department Responses

 

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.

 

b)         Upon approval of a request for public records, the Department may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction costs or give notice of the time and place for inspection of records.

 

c)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of individuals responsible for the decision.  It shall also give notice of the requestor's right to appeal to the Director of the Department.

 

d)         Categorical requests creating an undue burden upon the Department shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of the FOIA.

 

e)         Failure to respond to a written request within 7 working days may be considered by the requestor a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 801.401  Appeal of a Denial

 

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

            Illinois Department of Commerce and Community Affairs

            620 East Adams Street

            Springfield, Illinois 62701

            ATTN:  FOIA Appeal

 

b)         The notice of appeal shall include a copy of the original request, a copy of the denial received by the requestor, and a statement of the reasons why the appeal should be granted.

 

(Source:  Amended at 10 Ill. Reg. 20494, effective December 2, 1986)

 

Section 801.402  Director's Response to Appeal

 

The Director shall respond to an appeal within 7 working days after receiving notice thereof.  The Director shall either affirm the denial or provide access to the requested public records.  Failure to respond within 7 working days may be considered by the requestor an affirmation of the denial.

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 801.501  Inspection of Records at Department Offices

 

a)         Generally, public records will be made available for inspection during normal working hours of the Department at the office of the Freedom of Information Officer.

 

b)         Documents which the requestor wishes to have copied shall be segregated during the course of the inspection.  Generally, all copying shall be done by Department employees.

 

c)         Unless otherwise arranged, the inspection of records shall take place at the office of the Freedom of Information Officer.  For purposes of convenience, either the Department or the requestor may request that inspection take place in another Department office location.

 

d)         An employee of the Department may be present throughout the inspection.  A requestor may be prohibited from bringing bags, brief cases, or other containers into the inspection room.

 

Section 801.502  Copies of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon 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".  A copy of the fee schedule is available at the reception desk at the Department's Chicago and Springfield offices.

 

c)         Charges shall be waived if the requestor is a state agency, a constitutional officer, or a member of the General Assembly.  Charges may be waived in any other case where the Freedom of Information Officer determines that the waiver serves the public interest.

 

Section 801.503  General Materials Available from the Freedom of Information Officer

 

The Freedom of Information Officer shall make available to the public at no charge the following materials:

 

a)         A brief description of the organizational structure and budget of the Department;

 

b)         A brief description of the means for requesting information and public records; and

 

c)         A list of types and categories of public records maintained by the Department.