AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140/3(h)], implementing the Illinois Health Facilities Planning Act [20 ILCS 3960] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 2 Ill. Reg. 187, effective July 26, 1978; amended at 3 Ill. Reg. 8, p. 57, effective February 18, 1979; amended at 4 Ill. Reg. 25, p. 187, effective June 11, 1979; amended at 3 Ill. Reg. 52, p. 118, effective January 1, 1980; amended at 5 Ill. Reg. 4995, effective April 22, 1981; amended at 6 Ill. Reg. 7221, effective June 9, 1982; amended at 6 Ill. Reg. 11484, effective September 9, 1982; amended at 7 Ill. Reg. 7316, effective May 31, 1983; amended at 8 Ill. Reg. 11518, effective June 27, 1984; codified at 8 Ill. Reg. 16340; amended at 9 Ill. Reg. 6276, effective April 24, 1985; amended at 11 Ill. Reg. 15649, effective September 14, 1987; amended at 24 Ill. Reg. 5671, effective March 14, 2000; amended at 24 Ill. Reg. 15060, effective September 26, 2000; amended at 25 Ill. Reg. 2718, effective January 22, 2001; old Part repealed at 38 Ill. Reg. 13899 and new Part adopted at 38 Ill. Reg. 13901, effective June 30, 2014; amended at 41 Ill. Reg. 6502, effective May 26, 2017.

SUBPART A: INTRODUCTION

 

Section 1925.100  Summary and Purpose

 

a)         This Part states the policy of the Health Facilities and Services Review Board (HFSRB) for making its public records available for reasonable public inspection or copying 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.

 

2)         Contains the procedures by which requesters may obtain records in the Agency's possession; and

 

3)         Contains the procedures for claiming and determining that records submitted to the Agency are exempt from disclosure.

 

Section 1925.110  Definitions

 

Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part:

 

"Act" means the Illinois Health Facilities Planning Act [20 ILCS 3960].

 

"Administrator" means the chief administrative officer of HFSRB, responsible to the HFSRB chairman, and, through the chairman, responsible to HFSRB for the execution of its policies and procedures.

 

"Agency", "HFSRB", "State Board" or "Board" means the Illinois Health Facilities and Services Review Board, as established by the Act.

 

"Commercial purpose" means the use of any part of a record or records, or information derived from records, in any form for sale, resale, or solicitation or advertisement for sales or services.  For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles or opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.  (Section 2(c-10) of FOIA)

 

"Copying" means the reproduction of any record by means of any photographic, electronic, mechanical, or other process, device or means now known or hereafter developed and available to the Agency.  (Section 2(d) of FOIA)

 

"Director" means the Director of the Department of Public Health.

 

"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.

 

"News media" means a newspaper or other periodical issued at regular intervals, news service in paper or electronic form, radio station, television station, television network, community antenna television service, or person or corporation engaged in making news reels or other motion picture news for public showing.  (Section 2(f) of FOIA)

 

"Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.  (Section 2(b) of FOIA)

 

"Private information" means unique identifiers, including a person's Social Security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses.  Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.  (Section 2(c-5) of FOIA)

 

"Public Access Counselor" means an individual appointed to that office by the Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

 

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, any subsidiary bodies of any of the foregoing, including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

 

"Records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of the Agency.  (Section 2(c) of FOIA)

 

"Recurrent Requester" means a person that, in the 12 months immediately preceding the request, has submitted to the Agency, a minimum of 50 requests for records, a minimum of 15 requests for records within a 30-day period, or a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is to access and disseminate information concerning news and current or passing events, for articles of opinion or features of interest to the public, or for the purpose of academic, scientific, or public research or education. For the purposes of this definition, "request" means a written document (or oral request, if the Agency chooses to honor oral requests) that is submitted to the Agency via personal delivery, mail, telefax, electronic mail, or other means available to the Agency and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied. (Section 2(g) of FOIA)

 

"Requester" is any person who has submitted to the Agency a written request, electronically or on paper, for records.

 

"Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information.  (Section 7(1)(c) of FOIA)

 

Section 1925.120  Records and Reports

 

a)         The HFSRB Administrator shall be responsible for all records, reports and files of HFSRB and shall keep these materials at the official headquarters or at other designated locations when directed to do so by HFSRB.

 

b)         The Administrator shall, on behalf of HFSRB, make available for public inspection:

 

1)         all rules adopted by HFSRB in the discharge of its functions;

 

2)         all final orders, decisions and opinions of HFSRB, except any deemed confidential by State or federal statute; and

 

3)         all information declared public by the Health Facilities Planning Act, the Freedom of Information Act [5 ILCS 140], the Open Meetings Act [5 ILCS 120/2] or the Illinois Administrative Procedure Act [5 ILCS 100].

 

c)         All files created or received in the execution of the responsibilities under the Act shall be open to reasonable public inspection and copying at the HFSRB offices.

SUBPART B: CLASSIFICATION OF RECORDS

 

Section 1925.200  Records that Will Be Disclosed

 

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 1925.210 or 1925.220.  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 1925.210(a)(5)(F) of this Part.  (Section 2.15(b) of FOIA)

 

d)         Settlement agreements.  All settlement agreements entered into by or on behalf of the Agency are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 1925.210 or 1925.220 of this Part may be redacted.  (Section 2.20 of FOIA)

 

Section 1925.210  Records that Will Be Withheld from Disclosure

 

a)         For exemptions from FOIA that are stated in FOIA, see Section 7(1) of the Act.

 

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)

 

(Source:  Amended at 41 Ill. Reg. 6502, effective May 26, 2017)

 

Section 1925.220  Statutory Exemptions

 

For exemptions from FOIA that are stated in other statutes, see Section 7.5 of the Act.

 

(Source:  Amended at 41 Ill. Reg. 6502, effective May 26, 2017)

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

 

Section 1925.300  Submittal of Requests for Records

 

a)         Any request for public records should be submitted in writing to the HFSRB FOI Officer.

 

b)         FOIA requests may be submitted via mail, e-mail, fax or hand delivery.  Requests should be mailed or hand delivered to:

 

Illinois Health Facilities and Services Review Board

525 W. Jefferson Street, 2^nd Floor

Springfield IL 62761

Attn: FOI Officer

 

c)         E-mailed requests should be sent to DPH.HFSRB.FOIA@illinois.gov, 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.  Faxed FOIA requests should be faxed to (312)814-4566, Attn: HFSRB FOI Officer.

 

(Source:  Amended at 41 Ill. Reg. 6502, effective May 26, 2017)

 

Section 1925.310  Information To Be Provided in Requests for Records

 

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 1925.410.);

 

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.

 

Section 1925.320  Requests for Records for Commercial Purposes

 

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 1925.210 or 1925.220;

 

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)

 

c)         Unless the records are exempt from disclosure, the Agency shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. (Section 3.1(b) of FOIA)

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

 

Section 1925.400  Timeline for Agency Response

 

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 such copies.  If the Agency fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 1925.410.  (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)

 

c)         The person making a request and the Agency may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Agency agree to extend the period for compliance, a failure by the Agency to comply with any previous deadlines shall not be treated as a denial of the request for the records.  (Section 3(e) of FOIA)

 

d)         When additional time is required for any of the reasons set forth in subsection (b), the Agency will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.  Failure to respond within the time permitted for extension shall be considered a denial of the request.  If the Agency fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies.  If the Agency issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 1925.410.  (Section 3(f) of FOIA)

 

Section 1925.410  Requests for Records that the Agency Considers Unduly Burdensome

 

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. Such a response shall be treated as a denial of the request for information.  (Section 3(g) of FOIA)

 

c)         Repeated requests for records that are unchanged or identical to records previously provided or properly denied under this Part from the same person shall be deemed unduly burdensome. (Section 3(g) of FOIA)

 

Section 1925.420  Recurrent Requesters

 

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 1925.110, within 21 business days after receipt.  The response will:

 

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.

 

b)         Within 5 business days after receiving a request from a recurrent requester, the Agency will notify the requestor that the Agency is treating the request as a recurrent request, and that the Agency will send an initial response within 21 business days after receipt in accordance with subsection (a).  The Agency will also notify the requester of the proposed responses that can be asserted pursuant to subsection (a). 

 

c)         Unless the records are exempt from disclosure, the Agency will comply with a request within a reasonable period considering the size and complexity of the request. (Section 3.2 of FOIA)

 

Section 1925.430  Requests for Records that Require Electronic Retrieval

 

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.

 

Section 1925.440  Denials of Requests for Records

 

a)         The Agency will deny requests for records when:

 

1)         Compliance with the request would unduly burden the Agency, as determined pursuant to Section 1925.410, 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 1925.210 or 1925.220.

 

b)         The denial of a request for records must be in writing. 

 

1)         The notification shall include a description of the records denied; the reason for the denial, including a detailed factual basis for the application of any exemption claimed; and the names and titles or positions of each person responsible for the denial (Section 9(a) of FOIA);

 

2)         Each notice of denial shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor (Section 9(a) of FOIA); and

 

3)         When a request for records is denied on the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to the supporting legal authority (Section 9(b) of FOIA).  

 

c)         A requester may treat the Agency's failure to respond to a request for records within 5 business days after receipt of the written request as a denial for purposes of the right to review by the Public Access Counselor.

 

d)         If the Agency has given written notice pursuant to Section 1925.400(d), failure to respond to a written request within the time permitted for extension may be treated as a denial for purposes of the right to review by the Public Access Counselor.

 

e)         Any person making a request for records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the Agency fails to act within the time periods provided in Section 1925.400.  (Section 9(c) of FOIA)

 

Section 1925.450  Requests for Review of Denials − Public Access Counselor

 

a)         A person whose request to inspect or copy a record is denied by the Agency may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. (Section 9.5(a) of FOIA)

 

b)         If the Agency asserts that the records are exempt under Section 1925.210(a)(4) or (a)(7), it will, within the time periods provided for responding to a request, provide written notice to the requester and the Public Access Counselor of its intent to deny the request in whole or in part.  The notice will include:

 

1)         A copy of the request for access to records;

 

2)         The proposed response from the Agency; and

 

3)         A detailed summary of the Agency's basis for asserting the exemption. (Section 9.5(b) of FOIA)

 

c)         Upon receipt of a notice of intent to deny from the Agency, the Public Access Counselor shall determine whether further inquiry is warranted.  The Public Access Counselor shall process the notification of intent to deny as detailed in Section 9.5(b) of FOIA.  Times for response or compliance by the Agency under Section 1925.400 will be tolled until the Public Access Counselor concludes his or her inquiry. (Section 9.5(b) of FOIA)

 

d)         Within 7 working days after the Agency receives a request for review from the Public Access Counselor, the Agency shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)

 

e)         Within 7 working days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the Agency may, but is not required to, answer the allegations of the request for review.  The answer may take the form of a letter, brief, or memorandum.  The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. (Section 9.5(d) of FOIA)

 

f)         The requester may, but is not required to, respond in writing to the answer within 7 working days and shall provide a copy of the response to the Agency. (Section 9.5(d) of FOIA)

 

g)         In addition to the request for review, and the answer and response thereto, if any, a requester or the Agency may furnish affidavits or records concerning any matter germane to the review. (Section 9.5(e) of FOIA)

 

h)         A binding opinion from the Attorney General shall be binding upon both the requester and the Agency, subject to administrative review under Section 1925.408. (Section 9.5(f) of FOIA)

 

i)          If the Attorney General decides to exercise his or her discretion to resolve a request for review by mediation or by a means other than issuance of a binding opinion, the decision not to issue a binding opinion shall not be reviewable. (Section 9.5(f) of FOIA)

 

j)          Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the Agency shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 1925.470.  If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 1925.470. (Section 9.5(f) of FOIA)

 

k)         If the Agency discloses records in accordance with an opinion of the Attorney General, the Agency is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)

 

l)          If the requester files suit under Section 1925.460 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall so notify the Agency. (Section 9.5(g) of FOIA)

 

m)        The Attorney General may also issue advisory opinions to the Agency regarding compliance with FOIA.  A review may be initiated upon receipt of a written request from the Director of the Agency or the Agency's Chief Legal Counsel, which shall contain sufficient accurate facts from which a determination can be made.  The Public Access Counselor may request additional information from the Agency in order to assist in the review.  If the Agency relies in good faith on an advisory opinion of the Attorney General in responding to a request, the Agency is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.  (Section 9.5(h) of FOIA)

 

Section 1925.460  Circuit Court Review

 

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. 

 

Section 1925.470  Administrative Review

 

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)

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

 

Section 1925.500  Inspection of Records

 

a)         The Agency may make available records for personal inspection at the Agency's headquarters office located at 525 West Jefferson Street, 2^nd Floor, Springfield, Illinois 62761, 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. 

 

Section 1925.510  Copying of Records; Fees

 

a)         In accordance with Section 1925.520, 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 1925.400, 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 1925.500, 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 "Illinois Department of Public Health".

 

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.

 

Section 1925.520  Reduction and Waiver of Fees

 

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)

 

b)         The Agency will provide copies of records without charge to federal, State and municipal agencies, Constitutional officers and members of the General Assembly, and not-for-profit organizations providing evidence of good standing with the Secretary of State's Office.

 

c)         Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of records when furnished in a paper format will not be applicable to those records when furnished to a requester in an electronic format.  (Section 6(a) of FOIA)

SUBPART F: RULEMAKING

 

Section 1925.600  Rulemaking

 

a)         All proposed rules are referred by the State Board to HFSRB staff .

 

b)         Requests for the adoption of rules shall be processed as prescribed in Section 5-145 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-145] for presentation to the State Board (see Section 1925.610). Requesters shall be notified of the disposition of their requests.

 

c)         All proposed and adopted rulemaking of HFSRB shall be published in the Illinois Register in accordance with the requirements of the IAPA.

 

d)         Rules adopted by HFSRB shall be in effect on the date that the rules are filed with the Illinois Secretary of State's Office.  The rules will then be available on HFSRB's website (http://www.hfsrb.illinois.gov).

 

Section 1925.610  Request for Adoption of Rules

 

a)                  Pursuant to the requirements of Section 5-145 of the IAPA, any interested person may contact HFSRB requesting the promulgation, amendment or repeal of a rule.

 

b)         The form of the request shall be typed and sent to the main HFSRB office (see Section 1925.300) via USPS, any recognized delivery service or email. The request shall include the following information:  

 

1)         Name, title (if any), organization (if any), address and telephone number of the requester.

 

2)         Nature of action sought, i.e., promulgation of a new rule or amendment or repeal of a rule.

 

3)         Proposed text or identification of the rule to be repealed.

 

4)         Brief statement of the rationale for the requested action.

 

c)         The Administrator will forward a copy of the request to the HFSRB Chairman who will assign the matter for consideration by the State Board.

SUBPART G: ORGANIZATION

 

Section 1925.700  Name, Statutory Authority and Composition

 

a)         Name:  The Health Facilities and Services Review Board.

 

b)         Statutory Authority:  The Illinois Health Facilities Planning Act [20 ILCS 3960].

 

c)         Composition:  The composition of the State Board shall be as prescribed in Section 4 of the Act.

 

Section 1925.710  Membership, Officers and Committees

 

a)         Membership  

 

1)         The State Board shall be appointed by the Governor, with the advice and consent of the Senate. Not more than 5 of the appointments shall be of the same political party at the time of the appointment. [20 ILCS 3960/4(c)]

 

2)         The State Board shall consist of 9 voting members. [20 ILCS 3960/4(b)  Each appointed member shall hold office for a term of 3 years, provided that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term and the term of office of each successor shall commence on July 1 of the year in which his or her predecessor's term expires. The Governor may reappoint a member for additional terms, but no member shall serve more than 3 terms, subject to review and re-approval every 3 years. [20 ILCS 3960/4(d)]

 

3)         Ex-Officio Members

The Secretary of Human Services, the Director of Healthcare and Family Services, and the Director of Public Health, or their designated representatives, shall serve as ex-officio, non-voting members of the State Board. [20 ILCS 3960(c)]

 

b)         Officers

The Governor shall designate one of the members to serve as the Chairman of the Board, who shall be a person with expertise in health care delivery system planning, finance or management of health care facilities that are regulated under the Act. The Chairman shall annually review Board member performance and shall report the attendance record of each Board member to the General Assembly.  [20 ILCS 3960/4(f)]

 

c)         Committees

The Chairman, acting for the State Board, will establish such standing and/or special committees as are deemed necessary.  The Chairman shall specify the duties of committees and appoint the members.

 

Section 1925.720  Meetings

 

a)         The State Board will, in the scheduling and conduct of its meetings, conform to all requirements of the Open Meetings Act [5 ILCS 120].

 

b)         As provided in the Open Meetings Act, all decisions of HFSRB shall be made at meetings open to the public.

 

c)         HFSRB shall keep a complete and accurate record of all meetings, including the votes of individual members on all matters before it. Minutes of HFSRB meetings shall be taken by a court reporter.  Transcriptions of any minutes taken or made by HFSRB may be obtained pursuant to the provisions of the Freedom of Information Act and the Open Meetings Act following approval of the minutes by HFSRB.

 

d)         Meeting Schedule

 

1)         Regular and special meetings shall be called by the Chairman through the Administrator.

 

2)         HFSRB shall meet at least every 45 days, or as often as the HFSRB Chairman deems necessary, or upon the request of the majority of the members. [20 ILCS 3960/4(h)]

 

3)         HFSRB, through its Administrator, shall, at the beginning of each fiscal year, prepare and make available a schedule of all regular HFSRB meetings for the fiscal year, listing the dates, times and places of the meetings.  If a change is made in regular meeting dates, at least 10 days notice of the change shall be given by publication in a newspaper of general circulation, with notice of the change posted at the principal HFSRB office (see Section 1925.300), and shall be supplied to those media that have requested annual information.

 

4)         Public notice of regular meetings shall be given by posting the notice on the HFSRB website (http://www.hfsrb.illinois.gov).

 

Section 1925.730  Quorum

 

The quorum requirements are as specified in Section 4(i) of the Act.  A vacancy in the membership of the State Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the State Board as provided for in the Act. [20 ILCS 3960/4(i)]

 

Section 1925.740  Conflict of Interest

 

a)         Prior to appointment to, and in the course of service on, the Board, members shall disclose the employment or other financial interest of any other relative of the member, if known, in service or facilities subject to the Act. Members of the Board shall declare any conflict of interest that may exist with respect to the status of those relatives and recuse themselves from voting on any issue for which a conflict of interest is declared. No person shall be appointed or continue to serve as a member of the State Board who is, or whose spouse, parent, sibling, or child is, a member of the Board of Directors of, has a financial interest in, or has a business relationship with a health care facility.  [20 ILCS 3960/4(b)]

 

b)         A State Board member shall disqualify himself or herself from the consideration of any application for a permit or exemption in which the State Board member or the State Board member's spouse, parent, sibling, or child has an economic interest in the matter or is employed by, serves as a consultant for, or is member of the governing board of the applicant or a party opposing the application.  [20 ILCS 3960/4(j)]

 

Section 1925.750  Compliance with Illinois Ethics Laws

 

a)         The Chairman, Board members and Board staff must comply with the Illinois Governmental Ethics Act [5 ILCS 420].  [20 ILCS 3960/4(k)]

 

b)         The State Board is subject to the State Officials and Employees Ethics Act [5 ILCS 430]. [20 ILCS 3960/4.1(b)]

 

Section 1925.760  Travel Expenses

 

HFSRB members, while serving on the business of HFSRB, shall be reimbursed for actual and necessary travel and subsistance expenses as provided in Section 4(e) of the Act. Additionally, State Board members shall receive actual and necessary travel and subsistence expenses while serving away from their places of residence (as specified in subsection (e) of this Section).  Serving on the business of HFSRB includes, but shall not be limited to, attendance at regular, special or committee meetings or public hearings of HFSRB.

 

a)         Eligibility

 

1)         Voting HFSRB members shall be reimbursed through the Agency for travel and subsistence expenses incurred in the performance of their duties as provided by law and/or this Part.

 

2)         Ex-officio members of HFSRB shall request reimbursement for travel and subsistence expenses from their respective agencies as being a form of their official duties.

 

b)         Official Headquarters of Voting Members

For the purpose of calculating travel expenses for State Board members, the member's place of residence will be considered his or her headquarters location.  

 

c)         Official Travel Regulations

HFSRB is subject to the travel requirements for the State of Illinois, as published by the Department of Central Management Services and approved and promulgated by the Travel Control Board.

 

d)         Reimbursement Procedures

All claims for reimbursement of travel and subsistence expenses shall be submitted on forms provided for that purpose.  Submission of travel reimbursement forms may be made subsequent to each meeting of the State Board, or may be held for submission at the conclusion of each month's individual activity.  The Administrator shall be the recipient of the vouchers for administrative processing and approval.

 

e)         Definition of Official Business Requiring Travel

For the purpose of travel expense reimbursement, expenses incurred by HFSRB members shall be considered to be official business of the State and of HFSRB when the expenses are incurred as a participant in the following activities:

 

1)         HFSRB regular, special and committee meetings called by the Chairman through the Administrator.

 

2)         Participation in investigations, hearings, judicial and legislative proceedings, or the like, in connection with a permit or matters arising from the administration of the Act.

 

3)         Participation in public hearings relative to HFSRB rules and/or health facilities standards, criteria or plans.

 

4)         Participation in task forces, ad hoc committees, and other special units prescribed by the HFSRB Chairman.

 

5)         Speaking before interested groups and organizations and meetings with interested persons and government officials, as a representative of HFSRB, for the purpose of:

 

A)        describing the activities of the State Board, its procedures, and the laws governing its purpose, organization and operation; and

 

B)        discussing issues related to health facilities planning.

 

6)         Attendance, as a representative of HFSRB, at meetings conducted by agencies of the State and federal governments, and by national, state and local organizations having a direct interest in health facilities planning, except that attendance at meetings held outside the State shall have the prior approval of the Chairman of the Board, the Administrator, and the Department of Central Management Services.

 

Section 1925.770  Rules of Order

 

Roberts Rules of Order shall govern the conduct of all meetings of HFSRB, except that any matter on which HFSRB is required by the Act to defer its action until parties have been notified and afforded the opportunity to appear before the State Board shall be deferred until the next meeting.

 

Section 1925.780  Ex Parte and Extra-Record Communication

 

a)         Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis including, but not limited to rule making, the State Board, any State Board member, employee, or hearing officer shall not engage in ex parte communication in connection with the substance of any formally filed application for a permit with any person or party or the representative of any party. This subsection (a) applies when the Board, member, employee, or hearing officer knows, or should know upon reasonable inquiry, that the application or exemption has been formally filed with the Board. Nothing in this Section shall prohibit staff members from providing technical assistance to applicants. Nothing in this Section shall prohibit staff from verifying or clarifying an applicant's information as it prepares the Board staff report. Once an application or exemption is filed and deemed complete, a written record of any communication between staff and an applicant shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file.  [20 ILCS 3960/4.2(a)]

 

b)         A State Board member or employee may communicate with other members or employees and any State Board member or hearing officer may have the aid and advice of one or more personal assistants. [20 ILCS 3960/4.2(b)]

 

c)         An ex parte or extra-record communication received by the State Board, any State Board member, employee, or hearing officer shall be made a part of the record of the pending matter, including all written communication, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received. [20 ILCS 3960/4.2(c)]

 

d)         The State Board member, employee or hearing officer who received or made the ex parte or extra-record communication shall submit those communications, responses and memoranda to the Administrator who shall cause them to be filed in the administrative record for the subject project in a separately identified section.

 

e)         The ex parte or extra-record communication, together with all other documents enumerated in this Section, shall be available to the public in conformance with Section 3 of the Freedom of Information Act. Prohibited communications shall be reported to the General Assembly and incorporated on the State Board's website (http://www.hfsrb@illinois.gov).

 

f)         Any ex parte or extra-record communication shall not be considered by the State Board, any State Board member or any HFSRB employee, nor form the basis for any decision, finding of fact or order.

 

g)         "Ex Parte communication" or "extra-record communication" means a communication between a person who is not a State Board member or employee and a State Board member or employee that reflects on the substance of a pending State Board proceeding and that takes place outside the record of the proceeding. Communications regarding matters of procedure and practice, such as the format of pleading, number of copies required, manner of service, and status of proceedings, are not considered ex parte or extra-record communications.  Technical assistance with respect to an application, not intended to influence any decision on the application, may be provided by employees to the applicant.  Any assistance shall be documented in writing by the applicant and employees within 10 business days after the assistance is provided. [20 ILCS 3960/4.2(d)]

 

h)         Any communication, written or oral, received from a member of the public, news media, interested persons, legislators, or other persons regarding any matter, other than the status of an application, that is not authorized by the public comment process specified in 77 Ill. Adm. Code 1130 is ex parte or extra-record communication and is prohibited.

 

i)          For purposes of this Section, "employee" means a person the State Board or the Agency employs on a full-time, part-time, contract, or intern basis.  [20 ILCS 3960/4.2(e)]

 

j)          The State Board, State Board member, or hearing examiner presiding over the proceeding, in the event of a violation of this Section, must take whatever action is necessary to ensure that the violation does not prejudice any party or adversely affect the fairness of the proceedings.  [20 ILCS 3960/4.2(f)]

 

k)         Nothing in this Section shall be construed to prevent the State Board or any member of the State board or any employee from consulting with the attorney for the State Board.  [20 ILCS 3960/4.2(g)]




 

Section 1925.APPENDIX A   Fee Schedule for Duplication and Certification of Records

 

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

 

NOTE:  Expense for delivery other than by First Class U.S. Mail must be borne by the requester.