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

SOURCE: Adopted at 8 Ill. Reg. 12478, effective July 2, 1984; recodified from Chapter XXXIII, Commissioner of Savings and Loan Associations, to Chapter XXXIII, Office of Banks and Real Estate, pursuant to PA 89-508, at 20 Ill. Reg. 12526.

SUBPART A: INTRODUCTION

 

Section 2301.110  Summary and Purpose

 

a)         These rules are established to implement the provisions of the Freedom of Information Act [5 ILCS 140].  The purpose of these rules is to support the policy of providing public access to the public records in the possession of this Agency 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 Procedure Act [5 ILCS 101/5-15].

 

Section 2301.120  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.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 2301.210  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to the Freedom of Information Officer of this Agency.  Requests shall be submitted to the following address:

 

            Freedom of Information Officer

            Office of Banks and Real Estate

            500 East Monroe, Suite 900

            Springfield, IL  62701

            ATTN:  FOIA Request

 

Section 2301.220  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 request forms provided by the Agency.  (See Appendix A to these rules)

 

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 AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 2301.310  Timeline for Agency Response

 

a)         The Agency shall respond to a written request for public records within seven working days after the receipt of such request.

 

b)         The Agency may give notice of an extension of time to respond which does not exceed an additional seven working days.  Such an extension is allowable only if written notice is provided within the original seven 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 2301.320  Types of Agency Responses

 

a)         The Agency 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 Agency 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 Commissioner of Banks and Real Estate.

 

d)         Categorical requests creating an undue burden upon the Agency 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 seven working days may be considered by the requestor a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 2301.410  Appeal of a Denial

 

a)         A requestor whose request has been denied by the Freedom of Information Officer may appeal the denial to the Commissioner of Banks and Real Estate.  The notice of appeal shall be made in writing and sent to:

 

Commissioner of Banks and Real Estate

500 East Monroe, Suite 900

Springfield, IL  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.

 

Section 2301.420  Commissioner's Response to Appeal

 

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

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 2301.510  Inspection of Records at Agency Offices

 

a)         Generally, public records will be made available for inspection during normal working hours of the Agency at its Springfield or Chicago office, by prior arrangement.

 

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

 

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

 

Section 2301.520  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)         A charge for copying will be assessed at the rate of 25¢ per copy; however, no charge will be assessed when the total number of copies is fewer than 20.

 

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 Commissioner determines that the waiver serves the public interest.

 

Section 2301.530  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 Agency;

 

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 Agency.




Section 2301.APPENDIX A   Request for Public Records

 

 

 

 

TO:		Freedom of Information Officer Office of Banks and Real Estate 421 East Capitol Avenue Springfield, IL  62706-1776			FROM:
									NAME
									ADDRESS
									(       )
									PHONE NUMBER
DESCRIPTION OF REQUESTED RECORD(S):
Please indicate if you wish to inspect the above captioned records or wish a copy of them:
			Inspection at Springfield Office					Copy			Both
			Inspection at Chicago Office					Copy			Both
FOR OFFICE USE ONLY:
DATE RECEIVED							DATE RESPONSE DUE
Notations re Oral Communications or Other Items.