Section 1875.10  Public Requests

 

a)         Any interested person should submit a request for information in writing.  The request should include a complete description of the information requested, the reason for the request and, when applicable, timing requirements.  A request should be directed to:

 

            Office of the Director

            Guardianship and Advocacy Commission

            160 North LaSalle, Suite S-500

            Chicago, Illinois 60601

 

b)         When confidential information is requested, or whenever release of information is limited or prohibited by statute or by any provision of 20 Ill. Adm. Code 1, the requestor shall be notified in writing.

 

(Source:  Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

 

Section 1875.20  Public Submissions

 

Any interested person may submit comments and recommendations regarding subjects, programs and activities of the Commission in writing to:

 

Office of the Director

Illinois Guardianship and Advocacy Commission

State of Illinois Building

160 North LaSalle Street, S-500

Chicago, Illinois 60601

 

(Source:  Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

 

Section 1875.30  General Materials Available from the Guardianship and Advocacy Commission

 

The Freedom of Information Officer shall make available to the public at no charge the following materials:

 

a)         A brief description of the organizational structure and budget of the Commission;

 

b)         A brief description of the means for requesting information and public records;

 

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

 

(Source:  Added at 24 Ill. Reg. 13637, effective August 22, 2000)

 

Section 1875.40  Fee Schedule for Copies of Records

 

a)         When Charged

The Guardianship and Advocacy Commission shall charge fees according to the schedule provided below to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the Commission to copy records.  The authority to charge reasonably calculated fees for Freedom of Information requests derives from the Freedom of Information Act [5 ILCS 140/6].

 

b)         Copies

 

1)         Original Documents

 

A)        8½ x 11, one side, 10 cents per copy

 

B)        8½ x 14, one side, 10 cents per copy

 

C)        8½ x 11, two sides, 20 cents per copy

 

D)        8½ x 14, two sides, 20 cents per copy

 

E)        Oversize or undersize materials that do not fit in the document handler − 20 cents per copy

 

2)         Computer printouts

            Standard printouts − $4 per hundred pages.

 

c)         Notice of Anticipated Fees in Excess of $25

Where it is anticipated that fees to the requestor will exceed $25, and the requestor has not indicated in advance his or her willingness to pay fees as high as are anticipated, the requestor shall be notified of the amount of the anticipated fee.  A request will not be deemed to have been received until the requestor is notified of the anticipated cost and agrees to bear it.  The notification shall also offer the requestor the opportunity to confer with office personnel to reformulate the request to meet his or her needs at a lower cost.

 

d)         Form of Payment

Payment shall be made by check or money order payable to the Guardianship and Advocacy Fund.

 

e)         Advance Deposit

Where the anticipated fee exceeds $25, an advance deposit of either 25% of the anticipated fee or $25, whichever is greater, shall be required before the material will be reproduced.  Where a requestor previously failed to pay a fee under this Section, an advance deposit of the full amount shall be required.

 

f)         Waiver

Fees shall not be charged if the Guardianship and Advocacy Commission determines that waiver or reduction of the fee is in the public interest and will primarily benefit the general public.  Also, fees shall be waived if the requestor is another State agency, a constitutional officer of this State, or is a member of the Illinois General Assembly.

 

(Source:  Added at 24 Ill. Reg. 13637, effective August 22, 2000)

 

Section 1875.100  Rulemaking Procedures

 

Rules governing the Commission and its divisions are proposed, adopted, or repealed pursuant to the Illinois Administrative Procedure Act.

 

Section 1875.210  Commission Organization

 

a)         The Commission shall maintain operating divisions designated by the Director which shall include:

 

1)         The Legal Advocacy Service;

 

2)         The regional Human Rights Authorities; and

 

3)         The Office of State Guardian.

 

b)         The organizational structure of each division is illustrated in Appendices A-C.

 

Section 1875.220  Commission Membership, Terms of Office, and Vacancies

 

a)         The Commission shall consist of eleven (11) members, one of which shall be at least 60 years of age, appointed by the Governor with the advice and consent of the Senate.

 

b)         The full terms of the members shall be for three (3) years, with each member serving no more than two consecutive full terms.  A member shall serve for a term ending on June 30th or until a successor is appointed and qualified.

 

c)         Vacancies are to be filled in the same manner as membership appointments.  Vacancy appointments occurring before the expiration of a term are for the remainder of the unexpired term.

 

(Source:  Amended at 12 Ill. Reg. 16712, effective October 4, 1988)

 

Section 1875.230  Officers, Nomination and Elections, Responsibilities, Meetings, Vote, and Quorum

 

a)         The Commission shall annually elect a Chairperson and any other officers it deems necessary.  Other officers shall include a Vice Chairperson, a Secretary and a Treasurer.

 

b)         Candidates for officers shall be nominated by a Nominating Committee consisting of at least 2 members of the Commission appointed by the Chairperson prior to the annual meeting.  Nominations may be by ballot.  The officers shall be elected by the Commissioners at the annual meeting and hold office for a term of one year or until their successors are duly elected and qualified at a special meeting of the Commission.  Vacancies in any office shall be filled by the Commission.

 

c)         The officers shall perform the duties of their office and such other duties as may be required by this Part.

 

1)         The principle duties of the Chairperson of the Commission shall be to:

 

A)        Preside at all meetings of the Commission.

 

B)        Appoint all committees and receive committee reports.

 

C)        Determine the time and place of meetings of the Commission.

 

D)        Perform all other duties incident to the office of Chairperson.

 

2)         The principle duties of Vice Chairperson shall be to:

 

A)        Perform the duties and exercise the powers of the Chairperson in the absence or disability of the Chairperson.

 

B)        Sit as a voting member of the Human Rights Authority, Legal Advocacy Services and Office of the State Guardian Committees.

 

C)        Perform such other duties as may be required.

 

3)         The principle duties of the Secretary shall be to:

 

A)        Record the minutes of all proceedings at the Commission meetings.

 

B)        Perform such other duties as may be required by the Commission.

 

4)         The principle duties of the Treasurer shall be to:

 

A)        Chair the Fiscal Committee.

 

B)        Perform such other duties as may be required by the Commission.

 

d)         The Commission meetings are subject to the provisions of the Open Meetings Act [5 ILCS 120].

 

1)         The Commission shall meet at least once every 3 months, at times and places determined by the Chairperson.

 

2)         Special or additional meetings may be called by the Chairperson upon written notice 7 days before the meeting or by written petition of 5 members submitted to the Chairperson.

 

3)         The Commission shall record minutes of the proceedings of each meeting.

 

4)         The annual meeting shall be held in the last quarter of the fiscal year, no later than June 30.

 

e)         Each Commissioner shall be entitled to one vote on all matters presented to the Commission.  Proxy ballots shall be accepted when submitted in writing to the Chairperson.

 

f)         Six members of the Commission shall constitute a quorum.  A majority vote in a meeting at which a quorum is present shall be sufficient to constitute the transactions of the business of the Commission.

 

(Source:  Amended at 24 Ill. Reg. 13637, effective August 22, 2000)

 

Section 1875.240  Powers and Duties

 

a)         The Commission shall establish policy guidelines for the operation of the Legal Advocacy Service, the Human Rights Authority, and the Office of State Guardian.

 

b)         The Commission may disapprove any action by a regional authority.

 

c)         The Commission shall establish rules and regulations for the conduct of the work of the three (3) divisions.

 

d)         The Commission shall review and evaluate the operations of the divisions.

 

e)         The Commission shall hire a Director to carry out the business of the Commission, and shall approve the evaluation of the Director.

 

f)         The Commission shall approve the budget and an Annual Report on its operations for submission to the Governor and the General Assembly.

 

Section 1875.250  Standing Committees

 

a)         All committee recommendations shall be submitted to the Commission for action.

 

b)         The Personnel Committee shall:

 

1)         Further define the job description of the Director, setting policies concerning travel, vacation time and responsibilities; and

 

2)         Review and evaluate the performance of the Director annually; and

 

3)         Review job descriptions of staff hired by the Director at least once in three (3) years; and

 

4)         With the assistance, if required, of other Commission members, shall hear complaints from staff members who request a review of a decision of the Director.

 

c)         The Fiscal Committee shall:

 

1)         Be chaired by the Treasurer; and

 

2)         Review the financial reports monthly and shall review the annual budget.

 

d)         The Legislative Committee shall:

 

1)         Study issues arising out of the Commission activities to determine if legislative remedies are appropriate; and

 

2)         Make recommendations of any changes needed in the existing statutes; and

 

3)         Study any proposed legislation which may affect the Commission and recommend appropriate action; and

 

4)         Examine requests for legislative testimony and formulate responses.

 

e)         The Human Rights Authority Committee shall:

 

1)         Present nominations with pertinent biographical information to the Commission for approval for membership on a regional Human Rights Authority; and

 

2)         Review policies for the program division; and

 

3)         Propose changes in policy to the program division; and

 

4)         Be available to the Director of the Human Rights Authority on problems which arise.

 

f)         The Office of the State Guardian Committee shall:

 

1)         Review policies for the program division; and

 

2)         Propose changes in policy to the program division; and

 

3)         Be available to the Director of the Office of the State Guardian on problems which arise.

 

g)         The Legal Advocacy Services Committee shall:

 

1)         Review policies for the program division; and

 

2)         Propose changes in policy to the program division; and

 

3)         Be available to the Director of the Legal Advocacy Services on problems which arise.

 

(Source:  Amended at 9 Ill. Reg. 2278, effective February 1, 1985)

 

Section 1875.260  Commission Staff

 

a)         The Commission shall hire a full-time director who shall be responsible to the Commission and its Chairperson.  The Director shall have no vote in Commission deliberations.  The Director of the Commission shall hire such other staff as may be required to conduct its business.

 

b)         A staff shall be hired by the Director in compliance with the State of Illinois Department of Personnel rules and regulations and fair employment practices.  Any staff member who desires a hearing regarding a decision of the Director which does not seem to be in compliance with State policies or fair employment practices may request a hearing by the Personnel Committee.

 

Section 1875.270  Parliamentary Procedure

 

Roberts Rules of Order shall be the single authority in determining Commission processes and procedures on any issue not covered in this Part.

 

Section 1875.280  Amendment of Rules of Organization

 

a)         The rules organization shall be amended upon a two thirds (⅔) majority vote of the full Commission at any regular constituted meeting of the Commission.

 

b)         Such amendments shall not take effect until the proposed changes have been read before the Commission and a period of thirty (30) days has elapsed.

 

c)         Proposed amendments shall be delivered to the commissioners ten (10) days in advance of the Commission meeting.

Section 1875.APPENDIX A   Organizational Chart:  Office of State Guardian Northern Regions

 

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

 

Section 1875.APPENDIX B   Organizational Chart:  Office of State Guardian – Central/Southern Regions

 

Illinois Guardianship and Advocacy Commission

Office of State Guardian

Central/Southern Region

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

Section 1875.APPENDIX C   Organizational Chart:  Office of State Guardian – Legal/Guardianship Estate Representatives

 

Illinois Guardianship and Advocacy Commission

Office of State Guardian

Legal/Guardianship Estate Representatives

 

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

Section 1875.APPENDIX D   Organizational Chart:  Human Rights Authority

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

Section 1875.APPENDIX E Organization Chart:  Legal Advocacy Service

 

Illinois Guardianship and Advocacy Commission

Legal Advocacy Service

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

Section 1875.APPENDIX F   Organizational Chart:  Administration of Guardianship and Advocacy Commission

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)

Section 1875.APPENDIX G   Organizational Chart:  Overview of Guardianship and Advocacy Commission

 

 

(Source:  Amended at 26 Ill. Reg. 16827, effective November 4, 2002)