Illinois Administrative Code
Title 2 - GOVERNMENTAL ORGANIZATION
Part 1850 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
Subpart A - PUBLIC INFORMATION
Section 1850.10 - Provision of Information
Universal Citation: 2 IL Admin Code ยง 1850.10
Current through Register Vol. 48, No. 12, March 22, 2024
a) Summary and Purpose
1) This Subpart A
implements the provisions of the Freedom of Information Act [5 ILCS 140 ]. The
purpose of this Subpart A is to support the policy of providing public access
to the public records in the possession of the Illinois Purchased Care Review
Board while, at the same time, protecting legitimate privacy interests and
maintaining administrative efficiency.
2) This Subpart A creates a procedure by
which the public may request and obtain public records.
b) Definitions
1) Terms used in this Subpart A shall have
the same meaning as in the Freedom of Information Act.
2) "FOIA" means the Freedom of Information
Act.
3) "Freedom of Information
Officer" means an individual employed by the Illinois State Board of Education,
or his or her designee, who is responsible for receiving and responding to
requests for public records.
4)
"Requester" means a person who submits a request for public records in
accordance with this Subpart A.
5)
"Board " means the Illinois Purchased Care Review Board.
c) Person to Whom Requests Are Submitted
1) Requests for public records shall be
submitted in writing to the Freedom of Information Officer. Requests may be
submitted by mail at the Freedom of Information Office, Illinois State Board of
Education, 100 North First Street, Springfield, Illinois 63777, ATTN: FOIA
Request; by email to foia@isbe.net; or by facsimile at 217-524-8585.
2) Oral requests for public records shall not
be accepted.
d) Form and Content of Requests
1) The requester shall
provide the following information in a request for public records:
A) The requester's full name, address and
phone number, except that a requester who wishes to remain anonymous is not
required to submit this information;
B) A brief description of the public records
sought, being as specific as possible;
C) Whether the request is for inspection of
public records, copies of public records, or both;
D) The medium and format of the public
records sought (i.e., paper, specific electronic medium);
E) Whether the request is for a commercial
purpose as defined in Section 3.1 of the FOIA; and
F) Whether the request is a resubmission
under Section
8.5 of the FOIA,
to include an explanation of the requester's inability to access the
record online.
2) A request for copies of public records may
request that the records be certified.
e) Timeline for Response
1) The Board shall respond to a written
request for public records within the timeline provided in Section 3, Section
3.1 or Section 3.6 of the FOIA. The timeline shall begin on the day after the
request is received by the Board, regardless of whether the written request is
submitted in accordance with the provisions of subsection (c).
2) The Board may avail itself of all
extensions of time and exceptions set forth in the FOIA.
f) Types of Responses
1) The Board shall respond to a request for
public records in one of three ways:
A)
Approve the request;
B) Approve in
part and deny in part; or
C) Deny
the request.
2) Upon
approval of a request for public records, the Board shall:
A) make available the records;
B) give notice that the material shall be
made available upon payment of any fees charged pursuant to subsection
(h);
C) give notice of the time and
place for inspection of the materials requested; or
D) provide the website address where the
records may be accessed.
3) A written request from the Board to the
requester for additional information provided within the timelines specified in
Section 3, Section 3.1 or Section 3.6 of FOIA shall be considered a response to
the FOIA request.
4) An individual
or entity whose request for public records has been denied by the Board may
seek a review of that decision by the Public Access Counselor in accordance
with the provisions of Section 9.5 of the FOIA.
g) Inspection of Records at Board Offices
1) Public records will be made available for
inspection during normal working hours of the Board at the office of the
Freedom of Information Officer.
2)
Documents that the requester wishes to have copied shall be segregated during
the course of the inspection. Generally, all copying shall be done by staff to
the Board.
3) Unless otherwise
arranged, the inspection of records shall take place at the office of the
Freedom of Information Officer. For purposes of convenience, either the Board
or the requester may request that inspection take place in another department
or office location.
4) An employee
of the Board may be present throughout the inspection. A requester may be
prohibited from bringing bags, brief cases or other containers into the
inspection room.
h) Copies of Public Records
1) Copies of public
records shall be provided to the requester only upon payment of any charges
that are due.
2) Charges for copies
of public records shall be assessed in accordance with the "Fee Schedule for
Duplication of Public Records" in Appendix B. Fees for "voluminous" records
that are provided in an electronic format shall be as set forth in Section
6(a-5) of the FOIA.
3) Charges
shall be waived if the requester is a State agency, a constitutional officer or
a member of the General Assembly. Charges shall not be waived when the records
are to be used for political campaign purposes. Charges may be waived in any
other case where the Board determines that the waiver serves the public
interest.
i) 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:
1) A brief description of the organizational
structure and budget of the Board;
2) A brief description of the means for
requesting information and public records;
3) A list of types and categories of public
records maintained by the Board; and
4) A fee schedule for duplication of public
records.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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