TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.110 SUMMARY AND PURPOSE
Section 1270.110 Summary and
Purpose
a) This Part is established to implement the provisions of the
Freedom of Information Act (5 ILCS 140/1 et seq.) within the Department of
Veterans' Affairs. The purpose is to support the policy of providing public
access to the public records in the possession of the Department, 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 5-15 of the IllinoisAdministrative Procedures Act (5 ILCS 100/5-15).
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.120 DEFINITIONS
Section 1270.120 Definitions
a) Terms used in these rules shall have the same meaning as in
the Freedom of Information Act.
b) The following definitions are applicable for purposes of this
Part:
1) "FOIA" means the Freedom of Information Act.
2) "Department" means the Illinois Department of
Veterans Affairs.
3) "Requestor" means a person who submits a request for
public records.
4) "Freedom of Information Officer" means the person
designated by the Director of the Department as responsible for receiving
requests for public records, and responding to those requests.
SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.210 PERSON TO WHOM REQUESTS ARE SUBMITTED
Section 1270.210 Person to
Whom Requests Are Submitted
Requests for public records
pursuant to the Freedom of Information Act shall be submitted to:
Freedom of Information Officer
Department of Veterans Affairs
P.O. Box 19432
833 South Spring Street
Springfield, Illinois 62794-9432
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.220 FORM AND CONTENT OF REQUESTS
Section 1270.220 Form and
Content of Requests
a) Requests for public records should be made in writing, and may
be submitted on Freedom of Information Request forms as provided by the
Department.
b) Oral requests will be considered and acted upon
expeditiously. However, the required response times and the appeals 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 telephone 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 or for
copies of public records.
SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.310 TIME LIMITS FOR DEPARTMENT RESPONSE
Section 1270.310 Time Limits
for Department Response
a) The Department shall respond to a written request for public
records within seven working days after the receipt of such request.
b) The Department 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 why th extension is
necessary.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.320 TYPES OF DEPARTMENT RESPONSES
Section 1270.320 Types of
Department Responses
a) The Department shall respond to a written 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 Department
may either provide the materials immediately, give notice that the materials
shall be made available upon payable of copying fees, 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 Director of the Department.
d) Categorical requests creating an undue burden upon the
Department may 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 e considered by the requestor a denial of the request.
SUBPART D: PROCEDURES FOR APPEAL OF DENIAL
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.410 APPEAL OF A DENIAL
Section 1270.410 Appeal of a
Denial
a) A requestor whose request has been denied by the Freedom of
Information Officer may appeal the denial to the Director of the Department.
The notice of appeal shall be made in writing, and may be submitted on a
Freedom of Information Appeal form as provided by the Department. The notice
of appeal shall be sent to:
Director
Department of Veterans Affairs
P.O. Box 19432,
833 South Spring Street
Springfield, Illinois 62794-9432
b) The notice of appeal shall include a copy of the original
request, a copy of the denial as received by the requestor, and a statement of
the reasons the appeal should be granted.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.420 DIRECTOR'S RESPONSE TO AN APPEAL
Section 1270.420 Director's
Response to an Appeal
The Director shall respond to an
appeal within seven working days after receiving that notice of appeal. The
Director 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
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.510 INSPECTION OF PUBLIC RECORDS
Section 1270.510 Inspection
of Public Records
a) Public records in the possession of the Department which are
subject to inspection in accordance with FOIA, will be made available for
inspection during normal office hours, usually at the office where those
records are maintained.
b) The Freedom of Information Officer, or his or her designee,
may be present throughout the inspection. A requestor may be prohibited from
bringing bags, brief cases, or other containers into the inspection room.
c) During the inspection process, the requestor may indicate or
segregate records which he or she wishes to have copied.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.520 COPIES OF PUBLIC RECORDS
Section 1270.520 Copies of
Public Records
a) Generally, all copies will be made by Department employees,
and copies shall be provided to the requestor only after payment of any
applicable copying fees.
b) Fees for copies of public records shall be charged in
accordance with a standard fee schedule for copying of public records, as
established by the Department. Such fees such shall be reasonably calculated
to reimburse actual cost for copying the public records.
c) If it is requested, copies of public records shall be
certified as to their authenticity and accuracy. Fees for certification shall
be charged in accordance with the standard fee schedule for certification of
public records, as established by the Department.
d) Payment of fees shall be waived if the requestor is a State
agency, a constitutional officer, or a member of the General Assembly. Fees
may be waived or reduced in amount whenever the Freedom of Information Officer
determines that such waiver or reduction of fees is in the public interest.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXIII: DEPARTMENT OF VETERANS' AFFAIRS
PART 1270
FREEDOM OF INFORMATION
SECTION 1270.530 GENERAL MATERIALS AVAILABLE FROM THE DEPARTMENT
Section 1270.530 General
Materials Available from the Department
The Department shall make
available to the public, at no charge, the following materials:
a) A brief description of the Department
b) A listing of types and categories of public records maintained
by the Department.
c) A brief description of the methods by which persons may
request information and public records from the Department.
d) A schedule of standard fees charged for copying of public
records and certification, as established by the Department.
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