TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.100 SUMMARY AND PURPOSE
Section 5176.100 Summary and Purpose
a) This
Part states the policy of the Illinois Community College Board (Board) 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 the Board'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 the Board's
possession; and
3) Contains
the procedures for claiming and determining that records submitted to the Board
are exempt from disclosure.
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.105 DEFINITIONS
Section 5176.105 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 Public Community College Act [110 ILCS 805].
"Board"
means the Illinois Community College Board 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 the Board. (Section 2(d) of FOIA)
"Executive Director"
means the executive officer of the Board.
"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 the Board. (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 the Board 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
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.200 RECORDS THAT WILL BE DISCLOSED
Section 5176.200 Records that Will Be Disclosed
Upon request meeting the requirements of this Part, the
Board shall disclose to the requester all records requested except that it
shall not disclose certain records as provided in Section 5176.205 or
5176.210. 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 the Board are records subject to inspection and copying by the public.
(Section 2.5 of FOIA)
b) Payrolls.
Certified payroll records submitted to the Board 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 the Board prior to disclosure. (Section 2.10 of FOIA)
c) Criminal
history records. The following documents maintained by the Board 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 the
Board are records subject to inspection and copying by the public, provided
that information exempt from disclosure under Section 5176.205 or 5176.210 may
be redacted. (Section 2.20 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.205 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 5176.205 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 the Board but is in the possession of a
party with whom the Board has contracted to perform a governmental function on
behalf of the Board, and that directly relates to the governmental function and
is not otherwise exempt under FOIA, shall be considered a record of the Board
for purposes of Subpart C. (Section 7(2) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.210 STATUTORY EXEMPTIONS
Section 5176.210 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 BOARD
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.300 SUBMITTAL OF REQUESTS FOR RECORDS
Section 5176.300 Submittal of Requests for Records
a) Any
request for public records should be submitted in writing to the FOI Officer at
the Board.
b) The
Board has one FOI Officer located in the Springfield office.
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:
Illinois
Community College Board
401 E. Capitol
Avenue
Springfield IL
62701-1711
Attn: FOI Officer
e) E-mailed
requests should be sent to iccbfoia@iccb.state.il.us, 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 217/524-4981,
Attn: FOI Officer.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.305 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 5176.305 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 the Board
considers unduly burdensome or categorical may be denied. (See Section 3(g) of
FOIA and Section 5176.405 of this Part.);
c) A
statement as to the requested medium and format for the Board 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 the Board to use in providing the
records sought: for example, inspection at Board headquarters 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.310 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 5176.310 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 the Board. (Section 3.1(c) of FOIA)
b) The
Board 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 the Board to provide the
records requested and an estimate of the fees to be charged, which the Board
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
5176.205 or 5176.210;
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, the Board 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.315 RECORDS MAINTAINED ONLINE
Section 5176.315 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: BOARD RESPONSE TO REQUESTS FOR RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.400 TIMELINE FOR BOARD RESPONSE
Section 5176.400 Timeline for Board Response
a) Except
as stated in subsection (b) or (c), the Board 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 the Board 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 the Board fails to respond to a request received, it will not treat
the request as unduly burdensome as provided under Section 5176.405.
(Section 3(d) of FOIA) A written request from the Board 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 the Board within the time limits
prescribed by subsection (a) without unduly burdening or interfering with
the operations of the Board; 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 the Board may agree in writing to extend the time
for compliance for a period to be determined by the parties. If the requester
and the Board agree to extend the period for compliance, a failure by the Board
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), the Board 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
the Board 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 the Board issues an
extension and subsequently fails to respond to the request, it will not treat
the request as unduly burdensome under Section 5176.405. (Section
3(f) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.405 REQUESTS FOR RECORDS THAT THE BOARD CONSIDERS UNDULY BURDENSOME
Section 5176.405 Requests for Records that the Board
Considers Unduly Burdensome
a) The
Board will fulfill requests calling for all records falling within a category
unless compliance with the request would unduly burden the Board, there is no
way to narrow the request, and the burden on the Board outweighs the public
interest in the information. Before invoking this exemption, the Board 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
the Board 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 the Board. 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.410 RECURRENT REQUESTERS
Section 5176.410 Recurrent Requesters
a) Notwithstanding
any provision of this Part to the contrary, the Board will respond
to a request from a recurrent requester, as defined in Section 5176.105, within
21 business days after receipt. The response shall:
1) provide
to the requester an estimate of the time required by the Board to
provide the records requested and an estimate of the fees to be charged, which
the Board 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, the Board
will notify the requester that the Board is treating the
request as a recurrent request, of the reasons why the Board is treating the
request as a recurrent request, and that the Board will send an initial
response within 21 business days after receipt in accordance with subsection
(a). The Board 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, the Board will comply with a request
within a reasonable period considering the size and complexity of the request.
(Section 3.2 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.415 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 5176.415 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) The
Board will retrieve and provide electronic records only in a format and medium
that is available to the Board.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.420 DENIALS OF REQUESTS FOR RECORDS
Section 5176.420 Denials of Requests for Records
a) The Board will deny
requests for records when:
1) Compliance
with the request would unduly burden the Board, as determined pursuant to
Section 5176.405, 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 5176.205 or 5176.210 of this Part.
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 Board'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
the Board has given written notice pursuant to Section 5176.400(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 the Board fails to
act within the time periods provided in Section 5176.400. (Section 9(c) of
FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.425 REQUESTS FOR REVIEW OF DENIALS - PUBLIC ACCESS COUNSELOR
Section 5176.425 Requests for Review of Denials −
Public Access Counselor
a) A
person whose request to inspect or copy a record is denied by the Board 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 the Board. (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 the Board 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 the Board
properly determined that the request was made for a commercial purpose.
(Section 9.5(b) of FOIA)
c) Within
7 business days after the Board receives a request for review from the Public
Access Counselor, the Board 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, the Board 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 the Board. (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 the Board 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 the Board, subject to administrative review under Section
5176.435. (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,
the Board will either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative review under Section
5176.435. If the opinion concludes that no violation of FOIA has occurred,
the requester may initiate administrative review under Section 5176.435.
(Section 9.5(f) of FOIA)
j) If
the Board discloses records in accordance with an opinion of the Attorney
General, the Board 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 5176.430 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 the Board regarding
compliance with FOIA. A review may be initiated upon receipt of a written
request from the Executive Director of the Board or the Board's Chief Legal
Counsel, which shall contain sufficient accurate facts from which a
determination can be made. The Public Access Counselor may request additional
information from the Board in order to assist in the review. If the Board
relies in good faith on an advisory opinion of the Attorney General in
responding to a request, the Board 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.430 CIRCUIT COURT REVIEW
Section 5176.430 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.435 ADMINISTRATIVE REVIEW
Section 5176.435 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 the Board 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
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.500 INSPECTION AND COPYING OF RECORDS
Section 5176.500 Inspection and Copying of Records
a) The Board
may make available records for personal inspection at the Board's headquarters
office located at 401 E. Capitol Avenue, Springfield, or at another location
agreed to by both the Board 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. The Board 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, the Board
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 the Board shall furnish it in the format in which it is
maintained by the Board, 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. The Board will schedule inspection appointments to take place
during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through
Friday, exclusive of State holidays. If the requester must cancel the viewing
appointment, the requester shall so inform the Board as soon as possible before
the appointment.
d) In
order to maintain routine Board 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 Board 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.505 FEES FOR RECORDS
Section 5176.505 Fees for Records
a) In
accordance with Section 5176.510, unless a fee is otherwise fixed by statute,
the Board 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 the Board to reproduce records, the Board 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 the Board cannot copy, due to the
volume of the request or the operational needs of the Board, in the timelines
established in Section 5176.400, the requester may provide, at the requester's
expense, the copy machine, all necessary materials, and the labor to copy the
public records at the Board headquarters in Section 5176.500, or at another
location agreed to by both the Board 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. The Board may charge the requester for the actual cost of purchasing
the recording medium, whether disc, diskette, tape, or other medium, but the Board
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 the Board,
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 the Board, must contract with the contractor;
2) The
requester is responsible for all fees charged by the contractor;
3) The
requester must notify the Board of the contractor to be used prior to the
scheduled on-site inspection or copying;
4) Only Board
personnel may provide records to the contractor;
5) The Board
must have verification that the requester has paid the Board, if payment is
due, for the copying of the records before providing the records to the
contractor; and
6) The
requester must provide to the Board the contractor's written agreement to hold
the records secure and to copy the records only for the purpose stated by the
requester.
f) The
Board 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.
The Board 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 the Board. If
the Board 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176
ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.510 REDUCTION AND WAIVER OF FEES
Section 5176.510 Reduction and Waiver of Fees
a) Fees
may be reduced or waived by the Board 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, the Board 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, the Board will take into
consideration the amount of materials requested and the cost of copying them. (Section
6(c) of FOIA)
c) The Board
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 5176.APPENDIX A Fee Schedule for Duplication and Certification of Records
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER VIII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 5176 ACCESS TO RECORDS OF THE ILLINOIS COMMUNITY COLLEGE BOARD
SECTION 5176.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 5176.APPENDIX A Fee Schedule for Duplication
and Certification of Records
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TYPE OF DUPLICATION
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FEE (PER COPY)
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Paper copy from original, up to and including 50 copies of
black and white, letter or legal sized copies
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No charge
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Paper copy from original, in excess of 50 copies of black
and white, letter or legal sized copies
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$.15/page
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Paper copy from microfilm original
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$.15/page
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Microfilm diazo from original
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$.50/diazo
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VHS video copy of tape
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Actual cost of the reproduction
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Audio tape copy of tape
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Actual cost of the reproduction
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CD ROM disk
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Actual cost of the reproduction
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Photograph from negative
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Actual cost of the reproduction
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Blueprints/oversized prints
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Actual cost of the reproduction
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Paper copies in color or in a size other than letter or
legal
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Actual cost of the reproduction
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Certification fee
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$1.00/record
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NOTE: Expense for delivery other than by First Class U.S.
Mail must be borne by the requester.
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