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

SOURCE: Adopted at 24 Ill. Reg. 19171, effective December 7, 2000.

SUBPART A: INTRODUCTION

 

Section 1400.10  Summary and Purpose

 

a)         This Part is established to implement the provisions of the Freedom of Information Act [5 ILCS 140]. The purpose of this Part is to support the policy of providing public access to public records in the possession of the Department of Labor while protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         This Part establishes a procedure to be followed by the public when requesting public records of the Department of Labor. This Part also sets forth the procedures to be followed by the Department in responding to requests for information.

 

Section 1400.20  Definitions

 

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

 

b)         The following definitions are applicable for purposes of this Part:

 

"Department" means the Department of Labor.

 

"Director" means the Director of the Department of Labor.

 

"FOIA" means the Freedom of Information Act.

 

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

 

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

 

"Working days" means calendar days other than Saturdays, Sundays and legal holidays.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1400.100  Person To Whom Requests Are Submitted

 

Requests for public records shall be submitted to the Department's Freedom of Information Officer by mail to the Department's Chicago office.

 

Section 1400.110  Form and Content of Requests

 

a)         All requests for public records submitted to the Department under the FOIA shall be in writing, signed by the requestor and prominently marked "FOIA Request" on both the letter and  the envelope.

 

b)         The requestor shall include the following information in any request for public records:

 

1)         The requestor's full name, mailing address and telephone number, including area code, at which the requestor can be reached during normal business hours.

 

2)         A specific description of the public records sought.

 

3)         Whether the request is for inspection of public records, copies of public records, or both.

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1400.200  Timeline for Department Response

 

a)         The Department shall respond to a written request for public records within 7 working days after the receipt of such request by the Freedom of Information Officer.

 

b)         In the event that the Department cannot respond to the request for public records within 7 working days for one of the reasons provided in Section 3(d) of the FOIA [5 ILCS 140/3(d)], the Department shall have an additional 7 working days in which to respond. The Department shall give the requestor notice of the extension of time.  Such notice of extension shall set forth the reasons why the extension is necessary.

 

Section 1400.210  Types of Department Responses

 

a)         The Department 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)         When a request for public records has been approved, the Department shall give notice that the requested material will be made available upon receipt of payment from the requestor for reproduction costs or give notice of the time and place for inspection of the requested material.

 

c)         Requests for public records shall be denied only for the reasons stated in either Section 3(f) or Section 7 of the FOIA [5 ILCS 140/3 and 7]. A denial of a request shall be made in writing and shall provide the reasons for the denial, the names and titles of individuals responsible for the decision to deny the request, and a statement that the requestor may appeal the denial to the Director of the Department of Labor.

 

d)         Categorical requests creating an undue burden upon the Department shall be denied only after extending to the requestor an opportunity to narrow the request to manageable proportions in accordance with Section 3(f) of the FOIA [5 ILCS 140/3(f)].

 

e)         Failure to respond to a written request within 7 working days may be considered by the requestor as a denial of the request. Such a denial may be appealed to the Director in accordance with Subpart D of this Part.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1400.300  Appeal of a Denial

 

a)         A requestor whose request for public records has been denied by the Freedom of Information Officer may appeal the denial to the Director of the Department.  The notice of appeal shall be made in writing and addressed to the Director at the Department's Chicago office.  The appeal shall be prominently marked "FOIA Appeal" on both the letter and the envelope.

 

b)         The notice of appeal shall include a copy of the original request, a copy of the denial received by the requestor or a statement that the Department failed to respond to the requestor within 7 working days, and a written statement setting forth the reasons why the requestor believes the appeal should be granted as a matter of law or fact.

 

Section 1400.310  Director's Response to Appeal

 

The Director shall respond to an appeal within 7 working days after receiving the notice of appeal. The Director shall either affirm the denial or provide access to the requested public records. Failure of the Director to respond within 7 working days may be considered by the requestor as a denial. The Director's response shall state the requestor's right to judicial review of the decision pursuant to Section 11 of the FOIA [5 ILCS 140/11].

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1400.400  Inspection of Records at Department Offices

 

a)         Public records will be made available for inspection at the Department's Chicago and Springfield offices between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except State holidays.

 

b)         Files shall be reviewed and exempt or confidential information shall be deleted by the FOI Officer or their designee before a requestor is permitted access to the records.

 

c)         The requestor shall arrange a time and place with the Department to review records.

 

d)         Documents that the requestor wishes to have copied shall be segregated during the course of the inspection. All copying will be done by Department employees.

 

e)         A requestor shall not be permitted to take a brief case, folder or other similar materials or pens into the room in which the inspection will take place.  A requestor will be permitted to take pencil and paper into the room while inspecting public records.

 

f)         An employee of the Department may be present throughout the inspection.

 

g)         The requestor may not remove records from the Department offices except those copies produced and paid for (if applicable per Section 410 of this Part) during the requestor's inspection of the files.

 

Section 1400.410  Copies of Public Records; Copy Fees

 

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

 

b)         Fees for copies of public records on letter or legal size paper shall be calculated at the rate of 30 cents per page.

 

c)         Fees for certification of public records shall be $2 per certification.

 

d)         Fees for document reproduction requests that require creation of computer programs and computer generated records, or copying of microfilmed or electronically imaged information, shall be based on the actual costs incurred by the Department.

 

e)         Fees for reproducing records in a form not listed in this Section (e.g. computer tapes, printouts, video tapes, maps and blueprints) will be based on the actual costs incurred by the Department.

 

f)         There shall be no fee charged for inspection of records or the Department's costs in searching and reviewing records.

 

g)         Payment shall be remitted by check or money order made payable to the Department  of Labor and shall be sent to the Freedom of Information Officer.

 

h)         Fees shall be waived if the total charge for copies of the public records is less than $10, or if the request is in the public interest as defined in Section 6 of the FOIA [5 ILCS 140/6].