AUTHORITY: Implementing the Freedom of Information Act [5 ILCS 140] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and authorized by Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3].

SOURCE: Adopted at 8 Ill. Reg. 15957, effective August 20, 1984; amended at 9 Ill. Reg. 2314, effective February 15, 1985; amended at 9 Ill. Reg. 12859, effective August 6, 1985; amended at 11 Ill. Reg. 19416, effective November 13, 1987; amended at 12 Ill. Reg. 14689, effective September 2, 1988; amended at 13 Ill. Reg. 15763, effective September 22, 1989; amended at 14 Ill. Reg. 15999, effective September 17, 1990; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9327; old Part repealed at 23 Ill. Reg. 4402 and new Part adopted at 23 Ill. Reg. 4404, effective March 31, 1999; amended at 24 Ill. Reg. 13658, effective August 24, 2000.

SUBPART A: INTRODUCTION

 

Section 1176.10  Summary and Purpose

 

a)         This Part is established to implement the provisions of the Freedom of Information Act [5 ILCS 140].  The purpose of this Part is to support the policy of providing public access to the public records in the possession of this Department 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].

 

Section 1176.20  Definitions

 

Terms used in this Part shall have the same meaning as in the Freedom of Information Act.

 

            "Department" means the Department of Human Services.

 

            "FOIA" means the Freedom of Information Act.

 

            "Requestor" means a person who submits a request for public records in accordance with this Part.

 

            "Undue burden" means those FOIA requests that, despite Department attempts to confer with the requester to reduce his/her request to manageable size, either continues to lack requisite specificity and/or disrupts the duly undertaken work of the Department.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1176.100  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to the:

 

            Office of Press/Communications

            Department of Human Services

            100 South Grand Ave. East, 3rd Floor

            Springfield IL  62762

            ATTN:  FOIA Request

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

 

Section 1176.110  Form and Content of Requests

 

a)         Requests in accordance with FOIA and this Part shall be made in writing.  Such requests may be submitted on FOIA request forms provided by the Department. (See Table A of this Part.)

 

b)         Oral requests will be handled expeditiously.  However, the response times and the appeal procedures contained in FOIA and this Part 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 specific description of the public records sought, including, if possible, an example of the document requested.

 

3)         Whether the request is for inspection of public records, copies of public records, or both.

 

4)         Whether the requestor wants copies of public records certified.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

SUBPART C: PROCEDURES FOR DHS RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1176.200  Timelines for Department Response

 

a)         The Department's Office of Press/Communications shall respond in writing to a written request for public records within 7 working days after the receipt of such request.

 

b)         The Office of Press/Communications may give notice of an extension of time to respond that 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 FOIA [5 ILCS 140/3(d)]. Such notice of extension shall state the reasons why the extension is necessary and the date by which the records will be available or denial will be forthcoming.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

 

Section 1176.210  Types of Department Response

 

a)         The Department's Office of Press/Communications shall respond to a request for public records in one of four ways:

 

1)         Approve the request.

 

2)         Approve in part and deny in part.

 

3)         Deny the request.

 

4)         Notify the requestor of necessary delay in its processing as provided in Section 3(d) of FOIA. [5 ILCS 140/3]

 

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 FOIA [5 ILCS 140/3 and 7] 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 Secretary 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 FOIA [5 ILCS 140/3(f)].

 

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

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1176.300  Appeal of a Denial

 

a)         A requestor, whose request has been denied by the Chief, Office of Press/Communications, may appeal the denial to the Secretary of the Department. The appeal must be postmarked within 10 working days after the denial.  The notice of appeal shall be made in writing to:

 

            Secretary

            Department of Human Services

            100 South Grand Ave. East

            Springfield, Illinois  62762

            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 24 Ill. Reg. 13658, effective August 24, 2000)

 

Section 1176.310  Secretary's Response to Appeal

 

The Secretary shall respond to an appeal within 7 working days after receiving notice of the appeal.  The Secretary shall either affirm the denial or provide access to the requested public records.  The Secretary's response shall state the requestor's right to a judicial review of the decision pursuant to Section 11 of FOIA [5 ILCS 140/11].  Failure to respond within 7 working days may be considered an affirmation of the denial by the requestor.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1176.400  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 Press/Communications, 100 South Grand Avenue East, 3rd Floor, Springfield, Illinois 62762.  For purposes of convenience, the Department may request that inspection take place in another Department office location.

 

b)         Documents that 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)         An employee of DHS shall be present throughout the inspection.  The requestor shall be prohibited from bringing bags, briefcases or other containers into the inspection room.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

 

Section 1176.410  Copies of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon payment of any charges that are due.

 

b)         Charges for copies of public records shall be assessed in accordance with Table B of this Part.

 

c)         Charges

 

1)         Charges shall be waived if the requestor is a State agency, a constitutional officer, or a member of the General Assembly, or if the response is less than 10 pages in its original format.

 

2)         Charges shall be reduced if:

 

A)        the requestor states the specific purpose for the request; and

 

B)        the requestor indicates that a reduction of the fees is in the public interest.  A reduction of fees is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)

 

Section 1176.420  General Materials Available from the Office of Press/Communications

 

The Office of Press/Communications 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.

 

(Source:  Amended at 24 Ill. Reg. 13658, effective August 24, 2000)







Section 1176.TABLE A   A Request for Public Records

 

TO:						FROM:
Office of Press/Communications							Name:
							Address:
Illinois Department of Human Services
100 South Grand Ave. E., 3rd Floor							Phone:
Attn:  FOIA Request
DESCRIPTION OF REQUESTED RECORDS:
Please indicate if you wish to inspect the above captioned records or wish a copy of them:
Inspection	Copy							Both
FOR OFFICE USE ONLY:
Date Received							Date Response Due

 

(Source:  Added at 24 Ill. Reg. 13658, effective August 24, 2000)




Section 1176.TABLE B   Fee Schedule for Duplication of Public Records

 

 

Type of Duplication		Per Copy Charge
Paper copy from paper original (Standard "8˝ X 14" and legal size "8˝ X 14")		$ .25 or reduced to $ .15 if the request is Public interest (See Section 1176.410)
The Department also possesses records in other forms, including microfiche. A duplication charge for such records will be assessed based upon the actual cost of reproduction.   Some records possessed by the Department are in book and pamphlet form.  A charge may be assessed for such materials based upon the cost of such materials incurred by the Department.

 

(Source:  Added at 24 Ill. Reg. 13658, effective August 24, 2000)