TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.10 SUMMARY AND PURPOSE
Section 1176.10 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 the public records in the
possession of this Department while, at the same time, protecting legitimate
privacy interests and maintaining administrative efficiency.
b) This Part creates a procedure by which the public may request
and obtain public records. Therefore, it is being filed in accordance with
Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].
 | TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.20 DEFINITIONS
Section 1176.20 Definitions
Terms used in this Part shall
have the same meaning as in the Freedom of Information Act.
"Department" means the Department of Human
Services.
"FOIA" means the Freedom of Information Act.
"Requestor" means a person who submits a request
for public records in accordance with this Part.
"Undue burden" means those FOIA requests that,
despite Department attempts to confer with the requester to reduce his/her
request to manageable size, either continues to lack requisite specificity
and/or disrupts the duly undertaken work of the Department.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.100 PERSON TO WHOM REQUESTS ARE SUBMITTED
Section 1176.100 Person to
Whom Requests are Submitted
Requests for public records
shall be submitted to the:
Office of Press/Communications
Department of Human Services
100 South Grand Ave. East, 3rd Floor
Springfield IL 62762
ATTN: FOIA Request
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.110 FORM AND CONTENT OF REQUESTS
Section 1176.110 Form and
Content of Requests
a) Requests in accordance with FOIA and this Part shall be made
in writing. Such requests may be submitted on FOIA request forms provided by
the Department. (See Table A of this Part.)
b) Oral requests will be handled expeditiously. However, the
response times and the appeal procedures contained in FOIA and this Part 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 specific description of the public records sought,
including, if possible, an example of the document requested.
3) Whether the request is for inspection of public records,
copies of public records, or both.
4) Whether the requestor wants copies of public records
certified.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
SUBPART C: PROCEDURES FOR DHS RESPONSE TO REQUESTS FOR PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.200 TIMELINES FOR DEPARTMENT RESPONSE
Section 1176.200 Timelines
for Department Response
a) The Department's Office of Press/Communications shall respond
in writing to a written request for public records within 7 working days after
the receipt of such request.
b) The Office of Press/Communications may give notice of an
extension of time to respond that 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 FOIA [5 ILCS 140/3(d)]. Such notice of extension shall state
the reasons why the extension is necessary and the date by which the records
will be available or denial will be forthcoming.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.210 TYPES OF DEPARTMENT RESPONSE
Section 1176.210 Types of
Department Response
a) The Department's Office of Press/Communications shall respond
to a request for public records in one of four ways:
1) Approve the request.
2) Approve in part and deny in part.
3) Deny the request.
4) Notify the requestor of necessary delay in its processing as
provided in Section 3(d) of FOIA. [5 ILCS 140/3]
b) Upon approval of a request for public records, the Department
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 FOIA [5 ILCS 140/3 and 7] 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 Secretary of the Department.
d) Categorical requests creating an undue burden upon the
Department 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 FOIA [5 ILCS 140/3(f)].
e) Failure to respond to a written request within 7 working days
may be considered by the requestor a denial of the request.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.300 APPEAL OF A DENIAL
Section 1176.300 Appeal of a
Denial
a) A requestor, whose request has been denied by the Chief,
Office of Press/Communications, may appeal the denial to the Secretary of the
Department. The appeal must be postmarked within 10 working days after the
denial. The notice of appeal shall be made in writing to:
Secretary
Department of Human Services
100 South Grand Ave. East
Springfield, Illinois 62762
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 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.310 SECRETARY'S RESPONSE TO APPEAL
Section 1176.310 Secretary's
Response to Appeal
The Secretary shall respond to
an appeal within 7 working days after receiving notice of the appeal. The
Secretary shall either affirm the denial or provide access to the requested
public records. The Secretary's response shall state the requestor's right to
a judicial review of the decision pursuant to Section 11 of FOIA [5 ILCS
140/11]. Failure to respond within 7 working days may be considered an
affirmation of the denial by the requestor.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.400 INSPECTION OF RECORDS AT DEPARTMENT OFFICES
Section 1176.400 Inspection
of Records at Department Offices
a) Generally, public records will be made available for
inspection during normal working hours of the Department at the Office of
Press/Communications, 100 South Grand Avenue East, 3rd Floor, Springfield,
Illinois 62762. For purposes of convenience, the Department may request that
inspection take place in another Department office location.
b) Documents that the requestor wishes to have copied shall be
segregated during the course of the inspection. Generally, all copying shall
be done by Department employees.
c) An employee of DHS shall be present throughout the
inspection. The requestor shall be prohibited from bringing bags, briefcases
or other containers into the inspection room.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.410 COPIES OF PUBLIC RECORDS
Section 1176.410 Copies of
Public Records
a) Copies of public records shall be provided to the requestor
only upon payment of any charges that are due.
b) Charges for copies of public records shall be assessed in
accordance with Table B of this Part.
c) Charges
1) Charges shall be waived if the requestor is a State agency, a
constitutional officer, or a member of the General Assembly, or if the response
is less than 10 pages in its original format.
2) Charges shall be reduced if:
A) the requestor states the specific purpose for the request; and
B) the requestor indicates that a reduction of the fees is in the
public interest. A reduction of fees is in the public interest if the
principal purpose of the request is to access and disseminate information
regarding the health, safety and welfare or the legal rights of the general
public and is not for the principal purpose of personal or commercial benefit.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.420 GENERAL MATERIALS AVAILABLE FROM THE OFFICE OF PRESS/COMMUNICATIONS
Section 1176.420 General
Materials Available from the Office of Press/Communications
The Office of
Press/Communications shall make available to the public at no charge the
following materials:
a) A brief description of the organizational structure and budget
of the Department;
b) A brief description of the means for requesting information
and public records; and
c) A list of types and categories of public records maintained by
the Department.
(Source: Amended at 24 Ill. Reg. 13658, effective August 24, 2000)
Section 1176.TABLE A A Request for Public Records
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.TABLE A A REQUEST FOR PUBLIC RECORDS
Section 1176.TABLE A A
Request for Public Records
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TO:
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FROM:
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Office of Press/Communications
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Name:
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Address:
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Illinois Department of Human
Services
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100 South Grand Ave. E., 3rd
Floor
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Phone:
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Attn: FOIA Request
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DESCRIPTION OF REQUESTED
RECORDS:
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Please indicate if you wish to
inspect the above captioned records or wish a copy of them:
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Inspection
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Copy
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Both
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FOR OFFICE USE ONLY:
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Date Received
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Date Response Due
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(Source: Added at 24 Ill. Reg. 13658, effective August 24, 2000)
| TITLE 2: GOVERNMENTAL AGENCIES
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XX: DEPARTMENT OF HUMAN SERVICES
PART 1176
ACCESS TO PUBLIC RECORDS
SECTION 1176.TABLE B FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS
Section 1176.TABLE B Fee
Schedule for Duplication of Public Records
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Type
of Duplication
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Per
Copy Charge
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Paper copy from paper original (Standard "8½ X 14" and legal
size "8½ X 14")
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$ .25 or reduced to $ .15 if the request is Public interest (See
Section 1176.410)
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The Department also possesses
records in other forms, including microfiche. A duplication charge for such
records will be assessed based upon the actual cost of reproduction.
Some records possessed by the
Department are in book and pamphlet form. A charge may be assessed for such
materials based upon the cost of such materials incurred by the Department.
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(Source: Added at 24 Ill. Reg. 13658, effective August 24, 2000)
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