AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140/3(h)] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 9 Ill. Reg. 14991, effective September 23, 1985; old Part repealed at 38 Ill. Reg. 23448, and new Part adopted at 38 Ill. Reg. 23450, effective November 25, 2014; amended at 48 Ill. Reg. 3416, effective February 22, 2024.

SUBPART A: GENERAL

 

Section 576.110  Purpose

 

These rules are established to implement the Freedom of Information Act [5 ILCS 140] within the Office of the Attorney General.  The purpose of these rules is to support the policy of providing public access to public records in the custody of the Office of the Attorney General while also protecting legitimate interests in privacy and confidentiality and maintaining the efficient operation of the Office of the Attorney General.

 

Section 576.120  Definitions

 

"FOIA" means the Freedom of Information Act [5 ILCS 140].

 

"Freedom of Information Officer" or "FOI Officer" means an individual or individuals responsible for receiving and responding to requests for public records.

 

"Office" means the Office of the Attorney General.

 

"Requester" means a person who submits a request for public records in accordance with this Part.

SUBPART B: REQUESTS FOR PUBLIC RECORDS

 

Section 576.210  Requests for Records

 

a)         A request for access to public records for inspection and copying shall be submitted in writing to the FOI Officer at the Office of the Attorney General.  Requests for public records may be submitted online through the Office of the Attorney General's Public Records Center at https://www.illinoisattorneygeneral.gov/open-and-honest-government/foia/.  Requests for public records may also be submitted by mail, e-mail, hand delivery or facsimile, directed to the FOI Officer, as follows:

 

FOI OFFICER

Office of the Illinois Attorney General

500 South Second Street

Springfield, Illinois  62701

 

(217) 785-9266 (telephone)

(217) 782-8827 (facsimile)

FOIAOfficer@ilag.gov (e-mail)

 

b)         The request must describe the public record or records sought, being as specific as possible.  If the description is not sufficiently clear to allow easy identification of the records sought, the requester may be asked to supply additional necessary information.

 

c)         Pursuant to Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15], requests for copies of Office of the Attorney General rules are not to be considered requests subject to FOIA procedures.

 

d)         The requester shall indicate whether the public record is being obtained for a commercial purpose.

 

(Source:  Amended at 48 Ill. Reg. 3416, effective February 22, 2024)

SUBPART C: RESPONSES TO REQUESTS FOR PUBLIC RECORDS

 

Section 576.310  Response to Requests for Records

 

a)         Unless otherwise authorized under FOIA, the FOI Officer shall respond to a written request for public records within 5 business days after receipt of the request.

 

b)         If, for one or more reasons provided in Section 3(e) of FOIA, the request cannot be responded to within 5 business days, the FOI Officer shall have an additional 5 business days in which to respond.  Within the initial 5 business-day period, the FOI Officer shall give the requester written notice of the extension of time to respond.  The notice shall set forth the reasons why the extension is necessary.

 

c)         When a request for public records has been approved, the Office of the Attorney General may:

 

1)         provide copies of the requested materials;

 

2)         give notice that the requested material will be made available upon payment of reproduction costs, if any; or

 

3)         give notice of the time and place for inspection of the requested material.

 

d)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of individuals responsible for the decision.  The notice of denial shall also inform the requester of the right to review by the Public Access Counselor established in the Office of the Attorney General and the requester's right to judicial review under Section 11 of FOIA.  Categorical requests creating an undue burden on the Office of the Attorney General shall be denied only after extending to the requester an opportunity to confer with the FOI Officer in an attempt to reduce the request to manageable proportions.

 

e)         Failure to respond to a written request within 5 business days may be considered by the requester as a denial of the request.

 

f)         When a request for public records includes some requested material that will be made available and other requested material that will not, the FOI Officer shall approve part of the request by following the procedures set forth in subsection (c) with respect to the requested material that will be made available, and shall deny part of the request by following the procedures set forth in subsection (d) with respect to those documents which are not available for reproduction or inspection.

 

g)         The FOI Officer shall respond to a request for public records for a commercial purpose within 21 business days after receipt of the request.  Such response shall be in the form indicated in subsections (c), (d) or (f), as appropriate.  The response shall also provide the requester with an estimate of the time required to provide the records and an estimate of the fees to be charged pursuant to the fee provisions of Section 6(f) of FOIA as necessary.

 

Section 576.320  Inspection of Public Records

 

a)         All public records in the custody of the Springfield, Chicago or Carbondale office or any regional office of the Attorney General, which are subject to inspection pursuant to FOIA, will be made available for inspection during normal office hours at the office where those records are maintained or at another office agreed to by both the Office of the Attorney General and the requester by appointment only, scheduled subject to space and time availability.  No original record shall be removed from the Office of the Attorney General.  In order to maintain routine Office operations, the requester will have access only to the designated inspection area.  Inspection of public records shall be made under the supervision of the FOI Officer or his or her designee.

 

b)         Documents which the requester wishes to have copied shall be segregated during the course of the inspection.  Generally, all copying shall be done by employees of the Office of the Attorney General.

 

c)         An Office of the Attorney General employee shall be present throughout the inspection.

 

Section 576.330  Copies of Public Records – Fees

 

a)         Copies of public records not exempt from disclosure under FOIA will be provided unless the requester makes arrangements to personally inspect the public records as provided in Section 576.320.  The first 50 pages of black and white letter or legal sized copies are provided free of charge.  The Office of the Attorney General reserves the right to charge fees to reimburse its actual costs for reproducing public records exceeding 50 pages and copies in color or in a size other than letter or legal, as allowed by FOIA.

 

b)         If the Office of the Attorney General incurs extraordinary shipping expenses for sending copies of public records to the requester, the Office of the Attorney General reserves the right to seek reimbursement of those actual shipping expenses from the requester.

 

c)         Fees may be waived or reduced in any case in which the FOI Officer determines that the waiver serves the public interest.  Payment of fees shall be waived if the requester is a State agency, a constitutional officer or a member of the General Assembly.

 

d)         When requested, the FOI Officer shall provide copies of public records appropriately certified as to their authenticity and accuracy.  Fees for certification of public records shall be assessed in accordance with FOIA.  Payment of fees shall be waived if the requester is a State agency, a constitutional officer or a member of the General Assembly.  Fees may be waived whenever the FOI Officer determines that waiver of fees serves the public interest.

 

Section 576.340  Materials Immediately Available

 

Detailed information about the Office of the Attorney General is publicly and immediately available at the Office's website: www.illinoisattorneygeneral.gov.  The Office's website provides a description of the Office of the Attorney General's responsibilities, organizational structure, categories of public records and process for obtaining public records.  Public records immediately available on the website include official opinions of the Attorney General, binding opinions of the Public Access Counselor established in the Office of the Attorney General, press releases issued by the Office of the Attorney General and brochures and other publications of the Office of the Attorney General.