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

SOURCE: Adopted at 8 Ill. Reg. 12172, effective July 1, 1984; amended at 20 Ill. Reg. 4049, effective March 1, 1996.

SUBPART A: GENERAL PROVISIONS

 

Section 1701.10  Summary and Purpose

 

This Part is established to implement the provisions of the Freedom of Information Act.  The purpose of this Part is to support the policy of providing public access to the public records in the possession of the Commission while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

Section 1701.20  Definitions

 

a)         Unless the context clearly requires otherwise, 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 (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.).

 

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

 

d)         "Requester" means a person who submits a request for public records in accordance with these rules.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1701.100  Person to Whom Requests Are Submitted

 

a)         Requests for public records regarding public utility regulation and other matters not involving the Commission's regulation of motor carriers, rail carriers, commercial relocators of trespassing motor vehicles, and other entities under the Illinois Vehicle Code [625 ILCS 5], shall be submitted to the Chief Clerk of the Commission.  Requests shall be submitted to the following address:

 

            Chief Clerk

            Attention:  FOIA Request

            Illinois Commerce Commission

            527 East Capitol Avenue

            Springfield, Illinois  62706

 

b)         Requests for public records regarding the Commission's regulation of motor carriers, rail carriers, commercial relocators of trespassing motor vehicles, and other entities under the Illinois Vehicle Code [625 ILCS 5], shall be submitted to the Director of Processing in the Transportation Division.  Requests shall be submitted to the following address:

 

            Director of Processing

            Attention:  FOIA Request

            Illinois Commerce Commission

            527 East Capital Avenue

            Springfield, Illinois 62706

 

(Source:  Amended at 20 Ill. Reg. 4049, effective March 1, 1996)

 

Section 1701.110  Form and Content of Requests

 

a)         Requests in accordance with the FOIA and this Part shall be made in writing.  Such requests should be in the form shown in Appendix A of this Part.

 

b)         Oral requests will be handled expeditiously.  However, the required response times and the appeal procedures contained in the FOIA and this Part do not apply to oral requests.

 

c)         The requester shall provide the following information in a request for public records:

 

1)         The requester's full name and address, and the phone number at which the requester can be reached between 8:30 a.m. and 5:00 p.m. on weekdays.

 

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 COMMISSION RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1701.200  Time for Response

 

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

 

b)         The Freedom of Information Officer 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 1701.210  Types of Commission Responses

 

a)         The Freedom of Information Officer 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 Freedom of Information Officer 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 requester's right to appeal to the Chairman of the Commission.

 

d)         Categorical requests creating an undue burden upon the Commission shall be denied only after extending to the requester 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 requester a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1701.300  Appeal of a Denial

 

a)         A requester whose request has been denied may appeal the denial to the Chairman of the Commission.  The notice of appeal shall be made in writing and sent to:

 

            Chairman

            Illinois Commerce Commission

            527 East Capitol Avenue

            Springfield, Illinois  62706

            Attention:  FOIA Appeal

 

b)         The notice of appeal should include a copy of the original request, a copy of the denial received by the requester, and a statement of the reasons why the appeal should be granted.

 

Section 1701.310  Chairman's Response to Appeal

 

The Chairman shall respond to an appeal within 7 working days after receiving notice thereof.  The Chairman shall either affirm the denial or provide access to the requested public records.

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS

 

Section 1701.400  Inspection of Records at Commission Offices

 

a)         Generally, public records will be made available for inspection during normal working hours of the Commission at the office of the Chief Clerk.

 

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 Commission employees.

 

c)         Unless otherwise arranged, the inspection of records shall take place at the office of the Chief Clerk.  For purposes of convenience, either the Freedom of Information Officer or the requester may request that inspection take place in another Commission office location.

 

d)         An employee of the Commission may be present throughout the inspection.  A requester may be prohibited from bringing bags, brief cases or other containers into the inspection room.

 

Section 1701.410  Copies of Public Records

 

Charges for copies of public records shall be assessed in accordance with Section 7 of the Public Utilities Act (Ill. Rev. Stat. 1983, ch. 111 2/3, par. 7).

 

Section 1701.APPENDIX A  Request for Public Records

 

TO:      CHIEF CLERK	FROM:
ILLINOIS COMMERCE COMMISSION
527 EAST CAPITOL AVENUE
SPRINGFIELD, ILLINOIS  62706		Address
		PHONE NUMBER (Between 8:30 a.m. and 5:00 p.m., Mon. – Fri.)

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

 

Please indicate if you wish to inspect the records identified above or wish to copy them:

 

_____Inspect

_____Copy

_____Both

 

Do you wish to have copies certified?  _______

 

FOR OFFICE USE ONLY:

 

Date Received		Date Response Due

 

Notations re Oral Communications or Other Items.