TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER VI: EXECUTIVE ETHICS COMMISSION
PART 1620 ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS
SECTION 1620.820 EX PARTE COMMUNICATIONS


 

Section 1620.820  Ex Parte Communications

 

a)         Any State officer or employee who receives an ex parte communication from a non-interested party as excluded by Section 5-50(b-5) and Section 5-50(d) of the State Officials and Employee Ethics Act [5 ILCS 5-50(b-5) and (d)] or an ex parte communication from any person that imparts or requests material information or makes a material argument regarding an agency's rulemaking pursuant to Section 5-165 of the Illinois Administrative Procedure Act [5 ILCS 100/5-165] shall report this communication within 7 days to his or her agency's ethics officer.

 

b)         Any ethics officer who receives a report of ex parte communications described in subsection (a) shall forward the report to the Commission within seven days.  The report shall include:

 

1)         all written ex parte communications, including all written responses to the communications;

 

2)         a memorandum prepared by the ethics officer containing:

 

A)        the nature and substance of all oral ex parte communications;

 

B)        the identity and job title of the person to whom each communication was made;

 

C)        all responses made and the identity and job title of the person making each response;

 

D)        the identity of each person from whom the written or oral ex parte communication was received and the date of receipt;

 

E)        the individual or entity represented by that person;

 

F)         any action the person requested or recommended; and

 

G)        any other pertinent information. [5 ILCS 430/5-50(c)]

 

c)          Communications regarding matters of practice and procedure as described in Section 10-60(d) of the Illinois Administrative Procedure Act [5 ILCS 100/10-60(d)] are not considered ex parte communications for the purposes of this Part.

 

d)         For reporting of ex parte communications under Section 5-165 of the IAPA, repetitive, bulk public comment (e.g., form letters, petitions) may be reported in the following manner.

 

1)         Identification of the persons and or entity that authored the comment (if known), with address and phone number;

 

2)         Identification of any other entities in support of or opposition to the rulemaking and of the comment received by the agency;

 

3)         Provision of a sample of the public comment and, where different form letters are used, a sample of each;

 

4)         Submission of a tabulation of the number of persons supporting/opposing each type of public comment received by the agency; and

 

5)                  Retention by the agency of all comments received.

 

e)         Reports received under this Section shall be considered by the Commission for possible action pursuant to Section 20-15(2) of the Act.  Reports received by the Commission shall be maintained in accordance with the State Records Act [5 ILCS 160].