ADMINISTRATIVE CODE

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE A: LEGISLATIVE AGENCIES
CHAPTER III: JOINT COMMITTEE ON ADMINISTRATIVE RULES
PART 76 ACCESS TO RECORDS OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES

SUBPART A: INTRODUCTION

Section 76.100 Summary and Purpose

Section 76.105 Definitions

SUBPART B: CLASSIFICATION OF RECORDS

Section 76.200 Records that Will Be Disclosed

Section 76.205 Records that Will Be Withheld from Disclosure

Section 76.210 Statutory Exemptions

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

Section 76.300 Submittal of Requests for Records

Section 76.305 Information To Be Provided in Requests for Records

Section 76.310 Requests for Records for Commercial Purposes

Section 76.315 Records Maintained Online

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

Section 76.400 Timeline for Agency Response

Section 76.405 Requests for Records that the Agency Considers Unduly Burdensome

Section 76.410 Recurrent Requesters

Section 76.415 Requests for Records that Require Electronic Retrieval

Section 76.420 Denials of Requests for Records

Section 76.425 Requests for Review of Denials - Public Access Counselor

Section 76.430 Circuit Court Review

Section 76.435 Administrative Review

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

Section 76.500 Inspection and Copying of Records

Section 76.505 Fees for Records

Section 76.510 Reduction and Waiver of Fees

Section 76.APPENDIX A Fee Schedule for Duplication and Certification of Records

SUBPART A: INTRODUCTION

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE A: LEGISLATIVE AGENCIES
CHAPTER III: JOINT COMMITTEE ON ADMINISTRATIVE RULES
PART 76 ACCESS TO RECORDS OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES
SECTION 76.100 SUMMARY AND PURPOSE

Section 76.100 Summary and Purpose

a) This Part states the policy of the Joint Committee on Administrative Rules (JCAR) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality.

b) This Part:

1) Establishes the following classifications for records in JCAR's possession:

A) Records that shall be disclosed; and

B) Records that shall be withheld from disclosure;

2) Contains the procedures by which requesters may obtain records in JCAR's possession; and

3) Contains the procedures for claiming and determining that records submitted to JCAR are exempt from disclosure.

Section 76.105 Definitions

Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part:

"Act" means the Illinois Administrative Procedure Act [5 ILCS 100].

"Agency" means the Joint Committee on Administrative Rules as established by the Act.

"Commercial purpose" means the use of any part of a record or records, or information derived from records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

to access and disseminate information concerning news and current or passing events;

for articles or opinion or features of interest to the public; or

for the purpose of academic, scientific, or public research or education. (Section 2(c-10) of FOIA)

"Copying" means the reproduction of any record by means of any photographic, electronic, mechanical, or other process, device or means now known or hereafter developed and available to JCAR. (Section 2(d) of FOIA)

"Director" means the Executive Director of JCAR.

"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.

"News media" means a newspaper or other periodical issued at regular intervals, news service in paper or electronic form, radio station, television station, television network, community antenna television service, or person or corporation engaged in making news reels or other motion picture news for public showing. (Section 2(f) of FOIA)

"Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group. (Section 2(b) of FOIA)

"Private information" means unique identifiers, including a person's Social Security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person. (Section 2(c-5) of FOIA)

"Public Access Counselor" means an individual appointed to that office by the Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, any subsidiary bodies of any of the foregoing, including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

"Records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of JCAR. (Section 2(c) of FOIA)

"Recurrent requester" means a person that, in the 12 months immediately preceding the request, has submitted to the same public body a minimum of 50 requests for records, a minimum of 15 requests for records within a 30-day period, or a minimum of 7 requests for records within a 7 day period. For the purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods, in this definition when the principal purpose of the requests is to access and disseminate information concerning news and current or passing events, for articles of opinion or features of interest to the public, or for the purpose of academic, scientific, or public research or education. For the purposes of this definition, "request" means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied. (Section 2(g) of FOIA)

"Requester" is any person who has submitted to JCAR a written request, electronically or on paper, for records.

"Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. (Section 7(1)(c) of FOIA)

SUBPART B: CLASSIFICATION OF RECORDS

Section 76.200 Records that Will Be Disclosed

Upon request meeting the requirements of this Part, JCAR shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 76.205 or 76.210. Records covered under this Section shall include, but are not limited to:

a) Records of funds. All records relating to the obligation, receipt and use of public funds of JCAR are records subject to inspection and copying by the public. (Section 2.5 of FOIA)

b) Payrolls. Certified payroll records submitted to JCAR under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are records subject to inspection and copying in accordance with the provisions of FOIA; except that contractors' and employees' addresses, telephone numbers, and Social Security numbers will be redacted by JCAR prior to disclosure. (Section 2.10 of FOIA)

c) Criminal history records. The following documents maintained by JCAR pertaining to criminal history record information are records subject to inspection and copying by the public pursuant to FOIA:

1) Court records that are public;

2) Records that are otherwise available under State or local law; and

3) Records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi) of FOIA. (Section 2.15(b) of FOIA)

d) Settlement agreements. All settlement agreements entered into by or on behalf of JCAR are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 76.205 or 76.210 may be redacted. (Section 2.20 of FOIA)

Section 76.205 Records that Will Be Withheld from Disclosure

a) For exemptions from FOIA that are stated in FOIA, see Section 7(1) of the Act.

b) A record that is not in the possession of JCAR but is in the possession of a party with whom JCAR has contracted to perform a governmental function on behalf of JCAR, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of JCAR for purposes of Subpart C. (Section 7(2) of FOIA)

Section 76.210 Statutory Exemptions

For exemptions from FOIA that are stated in other statutes, see Section 7.5 of the Act.

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

Section 76.300 Submittal of Requests for Records

a) Any request for public records should be submitted in writing to the FOI Officer at JCAR.

b) JCAR has one FOI Officer, located in Springfield.

c) Contact information for each FOI Officer can be found online at www. Illinois.gov/Pages/FOIAContacts.

d) FOIA requests may be submitted via mail, e-mail, fax, or hand delivery. Requests should be mailed or hand delivered to:

Joint Committee on Administrative Rules

700 Stratton Building

401 South Spring Sreet

Springfield IL 62706

Attn: FOI Officer

e) E-mailed requests should be sent to jcar@ilga.gov, contain the request in the body of the e-mail, and indicate in the subject line of the e-mail that it contains a FOIA request. Faxed FOIA requests should be faxed to 217/524-0567, Attn: FOI Officer.

Section 76.305 Information To Be Provided in Requests for Records

A request for records should include:

a) The complete name, mailing address and telephone number of the requester;

b) As specific a description as possible of the records sought. Requests that JCAR considers unduly burdensome or categorical may be denied. (See Section 3(g) of FOIA and Section 76.405.);

c) A statement as to the requested medium and format for JCAR to use in providing the records sought: for example, paper, specific types of digital or magnetic media, or videotape;

d) A statement as to the requested manner for JCAR to use in providing the records sought: for example, inspection at the JCAR office or providing paper or electronic copies;

e) A statement as to whether the requester needs certified copies of all or any portion of the records, including reference to the specific documents that require certification; and

f) A statement as to whether the request is for a commercial purpose.

Section 76.310 Requests for Records for Commercial Purposes

a) It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by JCAR. (Section 3.1(c) of FOIA)

b) JCAR shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall:

1) Provide to the requester an estimate of the time required by JCAR to provide the records requested and an estimate of the fees to be charged, which JCAR may require the person to pay in full before copying the requested documents;

2) Deny the request pursuant to one or more of the exemptions set out in Section 76.205 or 76.210;

3) Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

4) Provide the records requested. (Section 3.1(a) of FOIA)

c) Unless the records are exempt from disclosure, JCAR shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. (Section 3.1(b) of FOIA)

Section 76.315 Records Maintained Online

a) Notwithstanding any provision of FOIA to the contrary, a public body is not required to copy a public record that is published on the public body's website. The public body shall notify the requester that the public record is available online and direct the requester to the website where the record can be reasonably accessed.

b) If the person requesting the public record is unable to reasonably access the record online after being directed to the website pursuant to subsection (a), the requester may resubmit his or her request for the record stating his or her inability to reasonably access the record online, and the public body shall make the requested record available for inspection or copying as provided in Section 3 of FOIA. (Section 8.5 of FOIA)

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

Section 76.400 Timeline for Agency Response

a) Except as stated in subsection (b) or (c), JCAR will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. If JCAR fails to respond to a request within the requisite periods in this subsection (a) but thereafter provides the requester with copies of the requested records, it will not impose a fee for those copies. If JCAR fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 76.405. (Section 3(d) of FOIA) A written request from JCAR to provide additional information shall be considered a response to the FOIA request.

b) The time limits prescribed in subsection (a) may be extended for not more than 5 business days from the original due date for any of the following reasons:

1) The requested records are stored in whole or in part at locations other than the office having charge of the requested records;

2) The request requires the collection of a substantial number of specified records;

3) The request is couched in categorical terms and requires an extensive search for the records responsive to it;

4) The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

5) The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed only with appropriate deletions;

6) The request for records cannot be complied with by JCAR within the time limits prescribed by subsection (a) without unduly burdening or interfering with the operations of JCAR; or

7) There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request. (Section 3(e) of FOIA)

c) The person making a request and JCAR may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and JCAR agree to extend the period for compliance, a failure by JCAR to comply with any previous deadlines shall not be treated as a denial of the request for the records. (Section 3(e) of FOIA)

d) When additional time is required for any of the reasons set forth in subsection (b), JCAR will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming. Failure to respond within the time permitted for extension shall be considered a denial of the request. If JCAR fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies. If JCAR issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 76.405. (Section 3(f) of FOIA)

Section 76.405 Requests for Records that the Agency Considers Unduly Burdensome

a) JCAR will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden JCAR, there is no way to narrow the request, and the burden on JCAR outweighs the public interest in the information. Before invoking this exemption, JCAR will extend to the requester an opportunity to confer with it in an attempt to reduce the request to manageable proportions. (Section 3(g) of FOIA) The amended request must be in writing.

b) If JCAR determines that a request is unduly burdensome, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of JCAR. The response shall be treated as a denial of the request for information. (Section 3(g) of FOIA)

c) Repeated requests from the same person for records that are unchanged or identical to records previously provided or properly denied under this Part shall be deemed unduly burdensome. (Section 3(g) of FOIA)

Section 76.410 Recurrent Requesters

a) Notwithstanding any provision of this Part to the contrary, JCAR will respond to a request from a recurrent requester, as defined in Section 76.105, within 21 business days after receipt. The response shall:

1) provide to the requester an estimate of the time required by JCAR to provide the records requested and an estimate of the fees to be charged, which JCAR may require the person to pay in full before copying the requested documents;

2) deny the request pursuant to one or more of the exemptions set out in this Part;

3) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

4) provide the records requested.

b) Within 5 business days after receiving a request from a recurrent requester, JCAR will notify the requester that JCAR is treating the request as a recurrent request, of the reasons why JCAR is treating the request as a recurrent request, and that JCAR will send an initial response within 21 business days after receipt in accordance with subsection (a). JCAR will also notify the requester of the proposed responses that can be asserted pursuant to subsection (a).

c) Unless the records are exempt from disclosure, JCAR will comply with a request within a reasonable period considering the size and complexity of the request. (Section 3.2 of FOIA)

Section 76.415 Requests for Records that Require Electronic Retrieval

a) A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records.

b) JCAR will retrieve and provide electronic records only in a format and medium that is available to JCAR.

Section 76.420 Denials of Requests for Records

a) JCAR will deny requests for records when:

1) Compliance with the request would unduly burden JCAR, as determined pursuant to Section 76.405, and the requester has not reduced the request to manageable proportions; or

2) The records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or Section 76.205 or 76.210.

b) The denial of a request for records must be in writing.

1) The notification shall include a description of the records denied; the reason for the denial, including a detailed factual basis for the application of any exemption claimed; and the names and titles or positions of each person responsible for the denial (Section 9(a) of FOIA);

2) Each notice of denial shall also inform the person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor (Section 9(a) of FOIA); and

3) When a request for records is denied on the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to the supporting legal authority (Section 9(b) of FOIA).

c) A requester may treat the JCAR's failure to respond to a request for records within 5 business days after receipt of the written request as a denial for purposes of the right to review by the Public Access Counselor.

d) If JCAR has given written notice pursuant to Section 76.400(d), failure to respond to a written request within the time permitted for extension may be treated as a denial for purposes of the right to review by the Public Access Counselor.

e) Any person making a request for records shall be deemed to have exhausted his or her administrative remedies with respect to that request if JCAR fails to act within the time periods provided in Section 76.400. (Section 9(c) of FOIA)

Section 76.425 Requests for Review of Denials − Public Access Counselor

a) A person whose request to inspect or copy a record is denied by JCAR may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. The request for review shall be in writing, be signed by the requester, and include a copy of the request for access to records and any response from JCAR. (Section 9.5(a) of FOIA)

b) A person whose request to inspect or copy a record is made for a commercial purpose may not file a request for review with the Public Access Counselor. A person whose request to inspect or copy a record was treated by JCAR as a request for a commercial purpose may file a request for review with the Public Access Counselor for the limited purpose of reviewing whether JCAR properly determined that the request was made for a commercial purpose. (Section 9.5(b) of FOIA)

c) Within 7 business days after JCAR receives a request for review from the Public Access Counselor, JCAR shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)

d) Within 7 business days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, JCAR may, but is not required to, answer the allegations of the request for review. The answer may take the form of a letter, brief, or memorandum. The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. (Section 9.5(d) of FOIA)

e) The requester may, but is not required to, respond in writing to the answer within 7 business days and shall provide a copy of the response to JCAR. (Section 9.5(d) of FOIA)

f) In addition to the request for review, and the answer and response to the request, if any, a requester or JCAR may furnish affidavits or records concerning any matter germane to the review. (Section 9.5(e) of FOIA)

g) A binding opinion from the Attorney General shall be binding upon both the requester and JCAR, subject to administrative review under Section 76.435. (Section 9.5(f) of FOIA)

h) If the Attorney General decides to exercise his or her discretion to resolve a request for review by mediation or by a means other than issuance of a binding opinion, the decision not to issue a binding opinion shall not be reviewable. (Section 9.5(f) of FOIA)

i) Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, JCAR will either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 76.435. If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 76.435. (Section 9.5(f) of FOIA)

j) If JCAR discloses records in accordance with an opinion of the Attorney General, JCAR is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)

k) If the requester files suit under Section 76.430 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor. (Section 9.5(g) of FOIA)

l) The Attorney General may also issue advisory opinions to JCAR regarding compliance with FOIA. A review may be initiated upon receipt of a written request from the Executive Director of JCAR or JCAR's Legal Counsel, which shall contain sufficient accurate facts from which a determination can be made. The Public Access Counselor may request additional information from JCAR in order to assist in the review. If JCAR relies in good faith on an advisory opinion of the Attorney General in responding to a request, JCAR is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor. (Section 9.5(h) of FOIA)

Section 76.430 Circuit Court Review

A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

Section 76.435 Administrative Review

A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III]. An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook County or Sangamon County. An advisory opinion issued to JCAR shall not be considered a final decision of the Attorney General for purposes of this Section. (Section 11.5 of FOIA)

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

Section 76.500 Inspection and Copying of Records

a) JCAR may make available records for personal inspection at its office located in Springfield, or at another location agreed to by both JCAR and the requester. No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record. JCAR may provide records in duplicate forms, including, but not limited to, paper copies, data processing printouts, videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer disks and diazo.

b) When a person requests a copy of a record maintained in an electronic format, JCAR shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the records in the specified electronic format, then JCAR shall furnish it in the format in which it is maintained by JCAR, or in paper format at the option of the requester. (Section 6(a) of FOIA)

c) A requester may inspect records by appointment only, scheduled subject to space availability. JCAR will schedule inspection appointments to take place during normal business hours, which are 8:30 a.m. to 4:30 p.m. Monday through Friday, exclusive of State holidays. If the requester must cancel the viewing appointment, the requester shall so inform JCAR as soon as possible before the appointment.

d) In order to maintain routine JCAR operations, the requester may be asked to leave the inspection area for a specified period of time.

e) The requester will have access only to the designated inspection area.

f) Requesters shall not be permitted to take briefcases, folders or similar materials into the room where the inspection takes place. A JCAR employee may be present during the inspection.

g) The requester shall segregate and identify the documents to be copied during the course of the inspection.

Section 76.505 Fees for Records

a) In accordance with Section 76.510, unless a fee is otherwise fixed by statute, JCAR will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

b) In calculating its actual cost for reproducing records or for the use of the equipment of JCAR to reproduce records, JCAR will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(b) of FOIA)

c) In order to expedite the copying of records that JCAR cannot copy, due to the volume of the request or JCAR's operational needs, in the timelines established in Section 76.400, the requester may provide, at the requester's expense, the copy machine, all necessary materials, and the labor to copy the public records at JCAR headquarters in Section 76.500, or at another location agreed to by both JCAR and the requester. No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.

d) Copies of records will be provided to the requester only upon payment of any fees due. JCAR may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but JCAR will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(a) of FOIA) Payment must be by check or money order sent to JCAR, payable to "Treasurer, State of Illinois".

e) If a contractor is used to inspect or copy records, the following procedures shall apply:

1) The requester, rather than JCAR, must contract with the contractor;

2) The requester is responsible for all fees charged by the contractor;

3) The requester must notify JCAR of the contractor to be used prior to the scheduled on-site inspection or copying;

4) Only JCAR personnel may provide records to the contractor;

5) JCAR must have verified that the requester has paid JCAR, if payment is due, for the copying of the records before providing the records to the contractor; and

6) The requester must provide to JCAR the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

f) JCAR may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record. No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record. JCAR may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with JCAR. If JCAR imposes a fee pursuant to this subsection (f), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records. The provisions of this subsection (f) apply only to commercial requests. (Section 6(f) of FOIA)

Section 76.510 Reduction and Waiver of Fees

a) Fees may be reduced or waived by JCAR if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. In making this determination, JCAR will consider the following:

1) Whether the principal purpose of the request is to disseminate information regarding the health, safety, welfare or legal rights of the general public; and

2) Whether the principal purpose of the request is personal or commercial benefit. For purposes of this subsection (a), "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, welfare or legal rights of the general public. (Section 6(c) of FOIA)

b) In setting the amount of the waiver or reduction, JCAR will take into consideration the amount of materials requested and the cost of copying them. (Section 6(c) of FOIA)

c) JCAR will provide copies of records without charge to federal, State and municipal agencies, Constitutional officers and members of the General Assembly, and not-for-profit organizations providing evidence of good standing with the Secretary of State's Office.

d) Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of records when furnished in a paper format will not be applicable to those records when furnished to a requester in an electronic format. (Section 6(a) of FOIA)

Section 76.APPENDIX A Fee Schedule for Duplication and Certification of Records