Title:2 Part:1875

PART 1875 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION : Sections Listing

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XVI: GUARDIANSHIP AND ADVOCACY COMMISSION
PART 1875 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION

SUBPART A: PUBLIC INFORMATION

Section 1875.10 Public Requests
Section 1875.20 Public Submissions
Section 1875.30 General Materials Available from the Guardianship and Advocacy Commission
Section 1875.40 Fee Schedule for Copies of Records

SUBPART B: RULEMAKING

Section 1875.100 Rulemaking Procedures

SUBPART C: ORGANIZATION

Section 1875.210 Commission Organization
Section 1875.220 Commission Membership, Terms of Office, and Vacancies
Section 1875.230 Officers, Nomination and Elections, Responsibilities, Meetings, Vote, and Quorum
Section 1875.240 Powers and Duties
Section 1875.250 Standing Committees
Section 1875.260 Commission Staff
Section 1875.270 Parliamentary Procedure
Section 1875.280 Amendment of Rules of Organization
Section 1875.APPENDIX A Organizational Chart: Office of State Guardian Northern Regions
Section 1875.APPENDIX B Organizational Chart: Office of State Guardian Ц Central/Southern Regions
Section 1875.APPENDIX C Organizational Chart: Office of State Guardian Ц Legal/Guardianship Estate Representatives
Section 1875.APPENDIX D Organizational Chart: Human Rights Authority
Section 1875.APPENDIX E Organization Chart: Legal Advocacy Service
Section 1875.APPENDIX F Organizational Chart: Administration of Guardianship and Advocacy Commission
Section 1875.APPENDIX G Organizational Chart: Overview of Guardianship and Advocacy Commission

AUTHORITY: Implementing and authorized by the Guardianship and Advocacy Act [20 ILCS 3955].

SOURCE: Adopted and codified at 8 Ill. Reg. 3676, effective March 8, 1984; amended at 9 Ill. Reg. 2278, effective February 1, 1985; amended at 12 Ill. Reg. 16712, effective October 4, 1988; amended at 24 Ill. Reg. 13637, effective August 22, 2000; amended at 26 Ill. Reg. 16827, effective November 4, 2002.

SUBPART A: PUBLIC INFORMATION

Section 1875.10а Public Requests

a)аааааааа Any interested person should submit a request for information in writing.а The request should include a complete description of the information requested, the reason for the request and, when applicable, timing requirements.а A request should be directed to:

ааааааааааа Office of the Director

ааааааааааа Guardianship and Advocacy Commission

ааааааааааа 160 North LaSalle, Suite S-500

ааааааааааа Chicago, Illinois 60601

b)аааааааа When confidential information is requested, or whenever release of information is limited or prohibited by statute or by any provision of 20 Ill. Adm. Code 1, the requestor shall be notified in writing.

(Source:а Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

Section 1875.20а Public Submissions

Any interested person may submit comments and recommendations regarding subjects, programs and activities of the Commission in writing to:

Office of the Director

Illinois Guardianship and Advocacy Commission

State of Illinois Building

160 North LaSalle Street, S-500

Chicago, Illinois 60601

(Source:а Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

Section 1875.30а General Materials Available from the Guardianship and Advocacy Commission

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

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

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

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

(Source:а Added at 24 Ill. Reg. 13637, effective August 22, 2000)

Section 1875.40а Fee Schedule for Copies of Records

a)аааааааа When Charged

The Guardianship and Advocacy Commission shall charge fees according to the schedule provided below to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the Commission to copy records.а The authority to charge reasonably calculated fees for Freedom of Information requests derives from the Freedom of Information Act [5 ILCS 140/6].

b)аааааааа Copies

1)аааааааа Original Documents

A)ааааааа 8╜ x 11, one side, 10 cents per copy

B)ааааааа 8╜ x 14, one side, 10 cents per copy

C)ааааааа 8╜ x 11, two sides, 20 cents per copy

D)ааааааа 8╜ x 14, two sides, 20 cents per copy

E)ааааааа Oversize or undersize materials that do not fit in the document handler − 20 cents per copy

2)аааааааа Computer printouts

ааааааааааа Standard printouts − $4 per hundred pages.

c)аааааааа Notice of Anticipated Fees in Excess of $25

Where it is anticipated that fees to the requestor will exceed $25, and the requestor has not indicated in advance his or her willingness to pay fees as high as are anticipated, the requestor shall be notified of the amount of the anticipated fee.а A request will not be deemed to have been received until the requestor is notified of the anticipated cost and agrees to bear it.а The notification shall also offer the requestor the opportunity to confer with office personnel to reformulate the request to meet his or her needs at a lower cost.

d)аааааааа Form of Payment

Payment shall be made by check or money order payable to the Guardianship and Advocacy Fund.

e)аааааааа Advance Deposit

Where the anticipated fee exceeds $25, an advance deposit of either 25% of the anticipated fee or $25, whichever is greater, shall be required before the material will be reproduced.а Where a requestor previously failed to pay a fee under this Section, an advance deposit of the full amount shall be required.

f)аааааааа Waiver

Fees shall not be charged if the Guardianship and Advocacy Commission determines that waiver or reduction of the fee is in the public interest and will primarily benefit the general public.а Also, fees shall be waived if the requestor is another State agency, a constitutional officer of this State, or is a member of the Illinois General Assembly.

(Source:а Added at 24 Ill. Reg. 13637, effective August 22, 2000)

SUBPART B: RULEMAKING

Section 1875.100а Rulemaking Procedures

Rules governing the Commission and its divisions are proposed, adopted, or repealed pursuant to the Illinois Administrative Procedure Act.

SUBPART C: ORGANIZATION

Section 1875.210а Commission Organization

a)аааааааа The Commission shall maintain operating divisions designated by the Director which shall include:

1)аааааааа The Legal Advocacy Service;

2)аааааааа The regional Human Rights Authorities; and

3)аааааааа The Office of State Guardian.

b)аааааааа The organizational structure of each division is illustrated in Appendices A-C.

Section 1875.220а Commission Membership, Terms of Office, and Vacancies

a)аааааааа The Commission shall consist of eleven (11) members, one of which shall be at least 60 years of age, appointed by the Governor with the advice and consent of the Senate.

b)аааааааа The full terms of the members shall be for three (3) years, with each member serving no more than two consecutive full terms.а A member shall serve for a term ending on June 30th or until a successor is appointed and qualified.

c)аааааааа Vacancies are to be filled in the same manner as membership appointments.а Vacancy appointments occurring before the expiration of a term are for the remainder of the unexpired term.

(Source:а Amended at 12 Ill. Reg. 16712, effective October 4, 1988)

Section 1875.230а Officers, Nomination and Elections, Responsibilities, Meetings, Vote, and Quorum

a)аааааааа The Commission shall annually elect a Chairperson and any other officers it deems necessary.а Other officers shall include a Vice Chairperson, a Secretary and a Treasurer.

b)аааааааа Candidates for officers shall be nominated by a Nominating Committee consisting of at least 2 members of the Commission appointed by the Chairperson prior to the annual meeting.а Nominations may be by ballot.а The officers shall be elected by the Commissioners at the annual meeting and hold office for a term of one year or until their successors are duly elected and qualified at a special meeting of the Commission.а Vacancies in any office shall be filled by the Commission.

c)аааааааа The officers shall perform the duties of their office and such other duties as may be required by this Part.

1)аааааааа The principle duties of the Chairperson of the Commission shall be to:

A)ааааааа Preside at all meetings of the Commission.

B)ааааааа Appoint all committees and receive committee reports.

C)ааааааа Determine the time and place of meetings of the Commission.

D)ааааааа Perform all other duties incident to the office of Chairperson.

2)аааааааа The principle duties of Vice Chairperson shall be to:

A)ааааааа Perform the duties and exercise the powers of the Chairperson in the absence or disability of the Chairperson.

B)ааааааа Sit as a voting member of the Human Rights Authority, Legal Advocacy Services and Office of the State Guardian Committees.

C)ааааааа Perform such other duties as may be required.

3)аааааааа The principle duties of the Secretary shall be to:

A)ааааааа Record the minutes of all proceedings at the Commission meetings.

B)ааааааа Perform such other duties as may be required by the Commission.

4)аааааааа The principle duties of the Treasurer shall be to:

A)ааааааа Chair the Fiscal Committee.

B)ааааааа Perform such other duties as may be required by the Commission.

d)аааааааа The Commission meetings are subject to the provisions of the Open Meetings Act [5 ILCS 120].

1)аааааааа The Commission shall meet at least once every 3 months, at times and places determined by the Chairperson.

2)аааааааа Special or additional meetings may be called by the Chairperson upon written notice 7 days before the meeting or by written petition of 5 members submitted to the Chairperson.

3)аааааааа The Commission shall record minutes of the proceedings of each meeting.

4)аааааааа The annual meeting shall be held in the last quarter of the fiscal year, no later than June 30.

e)аааааааа Each Commissioner shall be entitled to one vote on all matters presented to the Commission.а Proxy ballots shall be accepted when submitted in writing to the Chairperson.

f)аааааааа Six members of the Commission shall constitute a quorum.а A majority vote in a meeting at which a quorum is present shall be sufficient to constitute the transactions of the business of the Commission.

(Source:а Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

Section 1875.240а Powers and Duties

a)аааааааа The Commission shall establish policy guidelines for the operation of the Legal Advocacy Service, the Human Rights Authority, and the Office of State Guardian.

b)аааааааа The Commission may disapprove any action by a regional authority.

c)аааааааа The Commission shall establish rules and regulations for the conduct of the work of the three (3) divisions.

d)аааааааа The Commission shall review and evaluate the operations of the divisions.

e)аааааааа The Commission shall hire a Director to carry out the business of the Commission, and shall approve the evaluation of the Director.

f)аааааааа The Commission shall approve the budget and an Annual Report on its operations for submission to the Governor and the General Assembly.

Section 1875.250а Standing Committees

a)аааааааа All committee recommendations shall be submitted to the Commission for action.

b)аааааааа The Personnel Committee shall:

1)аааааааа Further define the job description of the Director, setting policies concerning travel, vacation time and responsibilities; and

2)аааааааа Review and evaluate the performance of the Director annually; and

3)аааааааа Review job descriptions of staff hired by the Director at least once in three (3) years; and

4)аааааааа With the assistance, if required, of other Commission members, shall hear complaints from staff members who request a review of a decision of the Director.

c)аааааааа The Fiscal Committee shall:

1)аааааааа Be chaired by the Treasurer; and

2)аааааааа Review the financial reports monthly and shall review the annual budget.

d)аааааааа The Legislative Committee shall:

1)аааааааа Study issues arising out of the Commission activities to determine if legislative remedies are appropriate; and

2)аааааааа Make recommendations of any changes needed in the existing statutes; and

3)аааааааа Study any proposed legislation which may affect the Commission and recommend appropriate action; and

4)аааааааа Examine requests for legislative testimony and formulate responses.

e)аааааааа The Human Rights Authority Committee shall:

1)аааааааа Present nominations with pertinent biographical information to the Commission for approval for membership on a regional Human Rights Authority; and

2)аааааааа Review policies for the program division; and

3)аааааааа Propose changes in policy to the program division; and

4)аааааааа Be available to the Director of the Human Rights Authority on problems which arise.

f)аааааааа The Office of the State Guardian Committee shall:

1)аааааааа Review policies for the program division; and

2)аааааааа Propose changes in policy to the program division; and

3)аааааааа Be available to the Director of the Office of the State Guardian on problems which arise.

g)аааааааа The Legal Advocacy Services Committee shall:

1)аааааааа Review policies for the program division; and

2)аааааааа Propose changes in policy to the program division; and

3)аааааааа Be available to the Director of the Legal Advocacy Services on problems which arise.

(Source:а Amended at 9 Ill. Reg. 2278, effective February 1, 1985)

Section 1875.260а Commission Staff

a)аааааааа The Commission shall hire a full-time director who shall be responsible to the Commission and its Chairperson.а The Director shall have no vote in Commission deliberations.а The Director of the Commission shall hire such other staff as may be required to conduct its business.

b)аааааааа A staff shall be hired by the Director in compliance with the State of Illinois Department of Personnel rules and regulations and fair employment practices.а Any staff member who desires a hearing regarding a decision of the Director which does not seem to be in compliance with State policies or fair employment practices may request a hearing by the Personnel Committee.

Section 1875.270а Parliamentary Procedure

Roberts Rules of Order shall be the single authority in determining Commission processes and procedures on any issue not covered in this Part.

Section 1875.280а Amendment of Rules of Organization

a)аааааааа The rules organization shall be amended upon a two thirds (⅔) majority vote of the full Commission at any regular constituted meeting of the Commission.

b)аааааааа Such amendments shall not take effect until the proposed changes have been read before the Commission and a period of thirty (30) days has elapsed.

c)аааааааа Proposed amendments shall be delivered to the commissioners ten (10) days in advance of the Commission meeting.

Section 1875.APPENDIX Aа аOrganizational Chart:а Office of State Guardian Northern Regions