AUTHORITY: Implementing and authorized by the Freedom of Information Act [5 ILCS 140/1 et seq.] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 8 Ill. Reg. 17300, effective September 11, 1984; amended at 20 Ill. Reg. 358, effective December 26, 1995.

SUBPART A: INTRODUCTION

 

Section 1901.110  Summary and Purpose

 

a)         These rules are established to implement the provisions of the Freedom of Information Act [5 ILCS 140/1 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 Health Facilities Authority while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         These rules create a procedure by which the public may request and obtain public records from the Illinois Health Facilities Authority. Therefore, they are being filed in accordance with Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

 

(Source:  Amended at 20 Ill. Reg. 358, effective December 26, 1995)

 

Section 1901.120  Definitions

 

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

 

b)         "FOIA" means 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.

 

e)         "Authority" refers to the Illinois Health Facilities Authority.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1901.210  Person To Whom Requests Are Submitted

 

Requests for public records shall be submitted to the Authority's Freedom of Information Officer.  Requests shall be submitted to the following address:

 

            Freedom of Information Officer

            Illinois Health Facilities Authority

            180 North Stetson Avenue,

            Suite 1100

            Chicago, Illinois  60601

 

            ATTN:  FOIA Request

 

(Source:  Amended at 20 Ill. Reg. 358, effective December 26, 1995)

 

Section 1901.220  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 Authority.  (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 AUTHORITY RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1901.310  Timeline for Authority Response

 

a)         The Authority shall respond to a written request for public records within seven working days after the receipt of such request.

 

b)         In the event that the request for public records cannot be responded to within seven days for one of the reasons provided in Section 3(d) of the FOIA, the Authority shall give the requestor notice of the extension of time to respond.  Such notice of extension shall set forth the reasons why the extension is necessary.

 

Section 1901.320  Categories of Authority Responses

 

a)         The Authority 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 Authority 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 the materials.

 

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 Executive Director of the Authority.

 

d)         Categorical requests creating an undue burden upon the Authority 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 seven working days may be considered by the requestor as a denial of the request.

SUBPART D: AUTHORITY PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1901.410  Appeal of a Denial

 

a)         A requestor whose request has been denied by the Freedom of Information Officer may appeal the denial to the Executive Director of the Authority.  The notice of appeal shall be made in writing and sent to:

 

            Executive Director

            Illinois Health Facilities Authority

            180 North Stetson Avenue,

            Suite 1100

            Chicago, Illinois  60601

 

            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.

 

(Source:  Amended at 20 Ill. Reg. 358, effective December 26, 1995)

 

Section 1901.420  Executive Director's Response to Appeal

 

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

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1901.510  Inspection of Records at the Office of the Authority

 

a)         Generally, public records will be made available for inspection during normal working hours of the Authority through the Freedom of Information Officer.

 

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

 

c)         The inspection of records shall take place at the office of the Authority.

 

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

 

Section 1901.520  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 $0.25 per paper copy from either paper originals or microfiche originals.  Some records possessed by the Authority are in book or pamphlet form.  A charge may be assessed for such materials based upon the cost of such materials incurred by the Authority.

 

c)         Charges may be waived or reduced in any case where the Freedom of Information Officer determines that the waiver serves the public interest.

 

Section 1901.530  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 copy of the Authority's most current annual report.

 

b)         A copy of these rules.

 

c)         A list of types and categories of public records maintained by the Authority.




Section 1901.APPENDIX A   Request for Public Records

 

 

TO:   Freedom of Information Officer Illinois Health Facilities Authority 180 North Stetson Avenue, Suite 1100 Chicago, Illinois  60601			FROM:
				Name
				Address
				ZIP   (         )
				Telephone
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
FOR OFFICE USE ONLY:
Date Received				Date Response Due

 

(Source:  Amended at 20 Ill. Reg. 358, effective December 26, 1995)