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

SOURCE: Adopted at 23 Ill. Reg. 6887, effective June 1, 1999.

SUBPART A: INTRODUCTION

 

Section 3001.10  Summary and Purpose

 

a)         This Part is established to further the policy of the State of Illinois whereby all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of the Freedom of Information Act [5 ILCS 140/1]. The purpose of this Part is to support the policy of providing public access to the public records in the possession of the Procurement Policy Board (Board) while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         This Part creates a procedure by which the public may request and obtain public records.  Therefore, it is being filed in accordance with Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and Section 3(g) of the Freedom of Information Act [5 ILCS 140/3(g)].

 

Section 3001.20  Definitions

 

a)         Terms used in this Part shall have the same meaning as in Section 2 of the Freedom of Information Act [5 ILCS 140/2].

 

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

 

c)         "Freedom of Information Officer" means the 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 this Part.

SUBPART B: REQUEST PROCEDURES

 

Section 3001.100  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to:

 

Freedom of Information Officer

Procurement Policy Board

511 West Capitol, Suite 102

Springfield IL 62704

 

Section 3001.110  Form and Content of Requests

 

a)         Requests for public records shall be in writing.

 

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

 

1)         The requestor's full name, address and telephone number.

 

2)         A brief description of the public records sought, being as specific as possible.

 

3)         A statement of whether the request is for inspection of public records, copies of public records, or both.

 

4)         A statement of whether the records need to be certified.

SUBPART C: PROCEDURES FOR FREEDOM OF INFORMATION OFFICER'S RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 3001.200  Timeline for Freedom of Information Officer's Response

 

a)         The Freedom of Information Officer shall respond to a written request for public records within 7 working days after the receipt of such request pursuant to Section 3(c) of FOIA.

 

b)         The Freedom of Information Officer will either comply with or deny a written request for public records within 7 working days after its receipt.  The Freedom of Information Officer may extend the 7 day period an additional 7 working days for any of the reasons specified in Section 3(d)(i)-(vii) of FOIA.  The Freedom of Information Officer will notify by letter the person making the written request within 7 working days (after receipt of the request) of the reasons for the delay and the date by which the records will be made available or denial will be forthcoming. [5 ILCS 140/3(c)]

 

Section 3001.210  Types of Responses to Requests for Public Records

 

a)         The Freedom of Information Officer shall respond to a request for public information in writing, in one of three ways:

 

1)         Approve the request.

 

2)         Approve in part and deny in part.

 

3)         Deny the request.

 

b)         The response shall be signed by the Freedom of Information Officer.

 

c)         Upon approval of a request for public records, the Freedom of Information Officer shall either provide the materials immediately, give notice that materials shall be made available upon payment of reproduction costs, give notice of the time and place for inspection of records, or request that the requestor contact the Freedom of Information Officer to schedule a time and place for the inspection of records.

 

d)         Categorical requests considered by the Freedom of Information Officer to be unduly burdensome shall be denied pursuant to Section 3(f) of FOIA.  Before making this determination, the Freedom of Information Officer shall provide an opportunity to the requestor to confer and reduce the request to manageable proportions.  The Freedom of Information Officer shall consider a request to be unduly burdensome if the burden on the Office of the Board outweighs the public interest in the information. Repeated requests for the same public records by the same person shall be deemed unduly burdensome pursuant to Section 3(f) of FOIA.

 

e)         A denial of a request for public records shall be made in writing and shall state the reasons for the denial and the names and titles of the individuals responsible for the decision pursuant to Section 9(a) of FOIA.  Denials of requests determined to be unduly burdensome shall also explain the extent to which compliance with the request would unduly burden the operations of the Office of the Board pursuant to Section 3(f) of FOIA. Each notice of denial shall inform the requestor of his/her right to appeal to the Executive Director [5 ILCS 140/9].

 

f)         Failure to respond to a written request within 7 working days after its receipt by the Office of the Board shall be considered by the requestor to be a denial of the request [5 ILCS 140/3(c)].

 

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 3001.300  Appeal of a Denial

 

a)         A requestor whose request has been denied by the Freedom of Information Officer may appeal the denial to the Executive Director pursuant to Section 10 of FOIA. The notice of appeal shall be made in writing and sent to:

 

Board Chair

Procurement Policy board

108 Statehouse

Springfield IL 62706

 

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.  If the appeal is filed because the requestor did not receive a response to a written request for information, the notice of appeal shall state that this is the reason for the appeal.

 

Section 3001.310  Executive Director's Response to Appeal

 

a)         Upon receipt of the notice of appeal the Executive Director shall review the public record requested and shall determine whether such record is available for public inspection and copying. The Executive Director shall notify the person making the appeal of such determination within 7 working days after the notice of appeal is received, pursuant to Section 10(a) of FOIA.

 

b)         If the Executive Director determines the public record is exempt from public inspection the Executive Director shall notify the requestor in writing of the denial and the reasons for the denial and shall inform the requestor of his/her rights to judicial review under Section 11 of FOIA [5 ILCS 140/9(a)].

 

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 3001.400  Copies of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon payment of any charges that are due except as provided in subsection (c) of this Section.

 

b)         Charges for the certification and copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records"  (see Appendix A of this Part).

 

c)         Charges may be waived in any case where the Freedom of Information Officer determines that the waiver serves the public interest pursuant to Section 6(b) of FOIA.  The Freedom of Information Officer will base this determination on the requestor's ability to pay the charges and whether the requestor's organization serves the citizens of Illinois as a whole.

 

Section 3001.410  Inspection of Records

 

a)         Records of the Board shall be available unless otherwise exempt under Section 7 of FOIA, during the hours of 8:30 a.m. through 5 p.m. Monday through Friday (except for State holidays) at 108 Statehouse, Springfield, Illinois 62706.  Requestors must contact the Freedom of Information Officer to schedule an appointment to inspect requested records.

 

b)         An employee of the Board may be present throughout the inspection. A requestor will be prohibited from bringing bags, briefcases or other containers into the inspection room.

 

c)         Documents that the requestor wishes to have copied shall be segregated during the course of the inspection.  All copying shall be done by Board employees.

 

Section 3001.420  General Materials Available from the Office of the Board

 

The following materials shall be made available by the Office of the Board without charge pursuant to Sections 4 and 5 of FOIA:

 

a)         A brief description of the organizational structure and budget of the Office of the Board.

 

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

 

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

 

Section 3001.APPENDIX A  Fee Schedule for Duplication of Public Records

 

Type of Duplication	Per Copy Charge
Paper copy from paper original	.25
Paper copy from microfilm original	.50
Certification fee	$1.00

 

Some records possessed by the Board are in book or pamphlet form.  The charge for such materials shall be the cost of such materials incurred by the Board.