AUTHORITY: Implementing and authorized by The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201) and Section 4.01 of The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1004.01).

SOURCE: Adopted at 8 Ill. Reg. 11354, effective July 1, 1984.

SUBPART A: INTRODUCTION

 

Section 1951.110  Summary and Purpose

 

a)         These rules are established to implement the provisions of the Freedom of Information Act (P.A. 83-1013, effective July 1, 1984, Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et seq.).  The purpose of these rules is to support the policy of providing public access to the public records in the possession of the Illinois State Historical Library while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.  Library research materials are available only under conditions currently governing their use.

 

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 4.10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1004.01).

 

Section 1951.120  Definitions

 

a)         Terms used in these rules shall have the same meaning as in the Freedom of Information Act.

 

b)         "FOIA" means the Freedom of Information Act.

 

c)         "Freedom of Information Officer" means an 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 these rules.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1951.210  Person to Whom Requests are Submitted

 

Requests for public records shall be submitted to the Freedom of Information Officer of the Illinois State Historical Library.  Requests shall be submitted to the following address:

 

            Freedom of Information Officer

            Illinois State Historical Library

            Old State Capitol

            Springfield, Illinois  62706

            ATTN:  FOIA Request

 

Section 1951.220  Form and Content of Requests

 

a)         Requests in accordance with the FOIA and these rules shall be made in writing.  Such requests may be submitted on FOIA request forms provided by the Illinois State Historical Library.  (See Appendix A to these rules).

 

b)         Oral requests will be handled expeditiously.  However, the required response times and the appeal 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 phone 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, copies of public records, or both.

SUBPART C: PROCEDURES FOR THE ILLINOIS STATE HISTORICAL LIBRARY RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1951.310  Timeline for Department Response

 

a)         The Illinois State Historical Library shall respond to a written request for public records within 7 working days after the receipt of such request.

 

b)         The Illinois State Historical Library may give notice of an extension of time to respond which 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 the FOIA.  Such notice of extension shall state the reasons why the extension is necessary.

 

Section 1951.320  Types of Illinois State Historical Library Responses

 

a)         The Illinois State Historical Library shall respond to a 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 Illinois State Historical Library 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 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 Illinois State Historical Library.

 

d)         Categorical requests creating an undue burden upon the Illinois State Historical Library 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 the FOIA.

 

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

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1951.410  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 Illinois State Historical Library.  The notice of appeal shall be made in writing and sent to:

 

            Director

            Illinois State Historical Library

            Old State Capitol

            Springfield, Illinois  62706

            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.

 

Section 1951.420  Director's Response to Appeal

 

The Director shall respond to an appeal within 7 working days after receiving notice thereof.  The Director shall either affirm the denial or provide access to the requested public records.  Failure to respond within 7 working days may be considered by the requestor an affirmation of the denial.

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1951.510  Inspection of Records at the Illinois State Historical Library Offices

 

a)         Generally, public records will be made available for inspection during normal working hours of the Illinois State Historical Library at the office of the Freedom of Information Officer.

 

b)         Documents which the requestor wishes to have copied shall be segregated during the sourse of the inspection.  Generally, all copying shall be done by the Illinois State Historical Library's employees.

 

c)         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 Illinois State Historical Library or the requestor may request that inspection take place in another Library office location.

 

d)         An employee of the Illinois State Historical Library may be present throughout the inspection.  A requestor may be prohibited from bringing bags, brief cases or other containers into the inspection room.

 

Section 1951.520  Copies of Public Records

 

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

 

b)         Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" attached as Appendix B to these rules.

 

c)         Charges shall be waived if the requestor is a State agency, a constitutional officer or a member of the General Assembly.  Charges may be waived in any other case where the Freedom of Information Officer determines that the waiver serves the public interest.

 

Section 1951.530  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:

 

a)         A brief description of the organizational structure and budget of the Illinois State Historical Library;

 

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

 

c)         A list of types and categories of public records maintained by the Illinois State Historical Library.

 

Section 1951.APPENDIX A  Request for Public Records

 

TO:		FROM:
	FOI OFFICER		NAME
	Illinois State Historical
	Library
	Old State Capitol		ADDRESS
	Springfield, IL  62706
			PHONE NUMBER

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

 

 

Please indicate if you wish to inspect the above captioned records or wish a copy of them:

 

                        _____Inspection          _____Copy     _____Both

 

Do you wish to have copies certified?  _____________

 

 

 

FOR OFFICE USE ONLY:

 

 

Date Received		Date Response Due

 

 

Section 1951.APPENDIX B  Fee Schedule for Duplication of Public Records

 

Type of Duplication	Per Copy Charge
Paper copy from paper original	$.20
Paper copy from microfilm original
Full page	.50
One-half page	.25
Mailing lists	Charge assessed on
	a per name basis

 

Some records in the possession of the Library may be in book or pamphlet form.  A charge may be assessed for such materials based on the cost incurred by the Library for such materials.