TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXV: TORTURE INQUIRY AND RELIEF COMMISSION
PART 3500 ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING
SECTION 3500.210 COMMISSION RECORDS


 

Section 3500.210  Commission Records

 

a)         The official record in every claim filed with the Commission consists of the Claim Form (see 20 Ill. Adm. Code 2000.Appendix B) and all subsequent pleadings, notices, subpoenas, evidence received, photographs, waiver forms, computer disks, transcripts, briefs, reports, memoranda, orders, findings of fact and decisions and amendments to these documents.

 

b)         The official record is confidential and not subject to public disclosure until after the Commission's final decision in the case, except as otherwise provided in this Part, the Freedom of Information Act [5 ILCS 140], or the Open Meetings Act [5 ILCS 120].

 

c)         After the Commission's final decision on the claim, the official record shall be available for public inspection upon making appropriate arrangements with the Director.

 

d)         Inspection of any records that are available for that purpose shall be permitted only at the Commission's office. Inspection appointments shall take place only during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State holidays. Persons inspecting records shall not be permitted to take briefcases, folders, or similar materials into the room where inspection takes place. A Commission employee may be present during inspection. Records to be copied will be identified and segregated during the course of the inspection.

 

e)         When a person requests a copy of a record maintained in an electronic format, the Commission shall furnish it in the electronic format specified by the person. If it is not feasible to furnish the record in the specified electronic format, then the Commission shall furnish it in the format in which it is maintained by the Commission, or in paper format, at the option of the person making the request.

 

f)         Copying Fees

 

1)         The Commission will provide copies of records and certification of records in accordance with the maximum fee allowed under Section 6 of the Freedom of Information Act.

 

2)         Copies of records will be provided only after payment of any fees due. Payment must be by certified or cashier's check, or by money order, payable to "Treasurer, State of Illinois".

 

g)         The official record described in this Section is distinct from the administrative record that the Commission is required to file with the Circuit Court under Section 45 of the Act and 20 Ill. Adm. Code 2000.60.  The administrative record is compiled for purposes of facilitating judicial review after the Commission renders a decision in its cases.

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)