Section 1770.200  General Information Available From the Authority

 

The Authority shall make available to any person the following general information:

 

a)         A brief description of the Authority's organizational structure, its operating budget, location of its offices, approximate number of full and part-time employees, and identification and membership of boards, commissions, committees or councils that are advisory or to which the Authority must report [5 ILCS 140/4(a)].

 

b)         A brief description of the procedure for requesting information and public records, including appeal procedures [5 ILCS 140/4(b].

 

c)         A list of the types and categories of public records maintained by the Authority [5 ILCS 140/5].

 

d)         Information printed by the Authority expressly for public dissemination, such as acts, requests for proposals, promotional information, annual reports, and news releases.

 

Section 1770.210  Authority Records and Information

 

a)         Information and public records of the Authority are available to any requestor for inspection or copying, unless the public record or information is exempt from inspection or copying pursuant to Section 7 of the FOIA.

 

b)         Categorical requests that impose an undue burden on the Authority shall be denied only after extending to the requestor an opportunity to narrow the request pursuant to Section 3(f) of the FOIA.  The Authority shall consider when determining whether to grant a categorical request such factors as the manpower that will be needed to fulfill the request, the amount of time it will take to complete the request, the personnel available, other activities and priorities of the Authority, and whether the Authority has the capability to fulfill the request (e.g., copying microfiche).

 

Section 1770.220  Address to Which Requests Should Be Directed

 

The request for inspection or copies of public records shall be directed to the Authority.  The request shall be in writing and sent to:

 

Illinois Violence Prevention Authority

100 W. Randolph, Room 6-600

Chicago, Illinois 60601

 

ATTN:  Freedom of Information Request

 

Section 1770.230  Information to Be Provided By the Requestor

 

a)         The request for inspection or copies of public records shall include the name, mailing address and telephone number of the requestor.

 

b)         The request shall describe as specifically as possible what information is sought.

 

c)         The request shall state whether the request is for inspection and/or copies of public records.

 

d)         If the copies of the public records are to be certified by the Authority, the requestor must so state on the request.

 

Section 1770.240  Time Frame for Authority Response

 

a)         The Authority shall comply with or deny a written request for inspection or copies of public records within seven (7) working days after receipt of such request, unless the requestor is notified of an extension of the time period [5 ILCS 140/3(c)].

 

b)         The Authority may extend the time period for responding to a requestor.  An extension of time to respond will not exceed seven (7) additional working days.  Such an extension of time is allowable only if written notice is provided the requestor within the seven (7) original working day limit and only for the reasons provided in Section 3(d) of the FOIA.  Such notice shall state the reasons why the delay is necessary and the date by which records will be available or denial will be forthcoming ([5 ILCS 140/9].

 

Section 1770.250  Approval of the Request for Information

 

When a request for inspection and/or copies of public records is approved, the Authority shall notify the requestor in writing or by telephone as to when the public records will be available for inspection or provide copies, as appropriate.

 

(Source:  Amended at 32 Ill. Reg. 17450, effective October 23, 2008)

 

Section 1770.260  Denial of Request for Information

 

a)         The Authority may deny requests for inspection or copies of public records in accordance with the provisions of Sections 1770.210.

 

b)         The denial of the request shall be in writing, signed by the Executive Director of the Authority and sent by certified mail to the requestor.  The notice of denial shall include:

 

1)         Description of the information which is being denied.

 

2)         Names and titles or positions of persons responsible for the denial [5 ILCS 140/9(a)].

 

3)         Reason for the denial [5 ILCS 140/9(a)].

 

4)         A statement advising the requestor of the right to appeal the denial to the Executive Director of the Authority in accordance with the procedures set forth in Section 1770.280.

 

Section 1770.270  Reconsideration of Denials by the Executive Director

 

a)         A requestor whose request has been denied by the Authority may appeal the denial to a Co-Chair of the Authority.  The notice of appeal shall be in writing and sent to:

 

            Co-Chair

            Illinois Violence Prevention Authority

            100 W. Randolph, Room 6-600

            Chicago, Illinois 60601

 

            ATTN:  FOIA Appeal

 

b)         The notice of appeal shall state why the appeal should be granted.  A copy of the original request for a copy and/or inspection of the public records and a copy of the Authority's denial letter shall accompany the notice of appeal.

 

c)         Upon receipt of a complete notice of appeal, the Executive Director shall review the appeal request and respond by certified mail to the requestor within seven (7) working days.  The Executive Director's response shall confirm the denial or state when the public records will be available for inspection or copying. The notice of denial of an appeal by the Executive Director shall inform the requestor of the right to judicial review under Section 11 of the FOIA [5 ILCS 140/9(a)].

 

Section 1770.280  Inspection of Public Records at Authority Offices

 

a)         Public records shall be available for inspection at the Authority's Chicago office and only during the normal working hours of the Authority. The Executive Director shall set an appointed time for the inspection of the public records.

 

b)         An Authority employee may be present during the inspection of public records.

 

c)         Documents which the requestor wishes to have copies of shall be segregated during the course of the inspection.  Photocopying shall be done by Authority employees.

SUBPART C: PROCEDURES

 

Section 1770.300  Administrative Rules

 

a)         Initiation of new or amended rules or the repeal of existing rules will begin at the direction of the Executive Director or the Authority when required by statute, or when deemed necessary or desirable for the functioning of the Authority.  All rulemaking must be approved by the Authority.

 

b)         Members of the public and advisory organizations may petition for the adoption, amendment, or repeal of a rule by writing to the Executive Director, Illinois Violence Prevention Authority, 100 W. Randolph, Room 6-600, Chicago, Illinois  60601.  The written statement should cite the specific rules to be amended or repealed or should state proposed language for a new rule.  Reasons for the proposals shall also be included.

 

c)         No later than 30 days after the Authority's receipt of the request, the individual submitting the request shall be informed in writing as to the Authority's determination regarding the proposal.

 

d)         All rulemaking must be approved by the Authority.

 

e)         All rulemaking activities will be conducted in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

 

(Source:  Amended at 32 Ill. Reg. 17450, effective October 23, 2008)

 

Section 1770.310  Rulemaking Procedures

 

Proposed changes to the rules required under the Illinois Administrative Procedure Act (5 ILCS 100/5-15) may be adopted by the Authority at a duly constituted meeting and filed with the Secretary of State in accordance with the procedures outlined in the Illinois Administrative Procedure Act [5 ILCS 100/5-15].