Illinois Administrative Code

Section 1720.300 Preamble The Illinois Motor Vehicle Theft Prevention Council (hereinafter called the "Council"), created within the Illinois Criminal Justice Information Authority (hereinafter called the "Authority"), shall have the duties and responsibilities set forth in the I…

Section 1720.310 Membership and Officers a) Council − The Illinois Motor Vehicle Theft Prevention Council consists of eleven (11) members. The members include the Secretary of State or his designee, the Director of the Department of State Police, the State's Attorney of Cook Coun…

Section 1720.320 Meetings a) Regular Meetings − Regular meetings of the Council shall be held at least quarterly at the offices of the Council or at some location to be determined by the Chairman. Meetings and notice for meetings shall be in conformance with the Illinois Open Mee…

Section 1720.330 Committees a) Committee Structure – The Council may have both ad hoc and standing commitees. b) Standing Committees – Standing Committees shall be established by the Council through resolution directing the Chairman to appoint such a committee and defining the co…

Section 1720.340 Council Staff a) Executive Director – The Executive Director of the Authority shall be appointed by and shall serve at the pleasure of the Governor. In addition to Authority duties and responsibilities, the Executive Director shall function as the chief executive…

Section 1720.350 Annual Council Budget a) Annual Budget – On an annual basis, the Executive Director shall prepare for the Council's review and approval a fiscal year budget for operations, awards and grants, and Trust Fund Income. b) Appropriations – The budget approved by the C…

Section 1720.360 Amendment of Organizational Rules These Organizational Rules may be amended at any regular or special meeting by a majority of the members present, provided that the proposed amendment shall have been distributed at least seven (7) days prior to such meeting.

Section 1720.370 Unspecified Matters All matters not specified by these Organizational Rules shall be governed by the Illinois Motor Vehicle Theft Prevention Act (Public Act 86-1408), the Illinois Criminal Justice Information Act (Ill. Rev. Stat. 1989, ch. 38, par. 210-1 et seq.)…

Section 1720.380 Effective Date The Organizational Rules take effect upon their approval by a majority of those Council members present, and the filing of a copy thereof with the Office of the Secretary of State, and the fulfilling of any other statutory requirements, in accordan…

Section 1750.100 Applicability This Section applies to any interested persons seeking or submitting information regarding subjects, programs and activities of the Illinois Criminal Justice Information Authority (hereinafter called "the Authority").

Section 1750.110 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 and the reason for the request. Requests should be directed to: Executive Director Illinois…

Section 1750.120 Public Submissions Any interested person may submit comments and recommendations regarding subject, programs and activities of the Authority in writing to: Executive Director Illinois Criminal Justice Information Authority 120 South Riverside Plaza Chicago, Illin…

Section 1750.200 Procedure a) Rules may be proposed by any member of the Illinois Criminal Justice Information Authority (hereinafter called "the Authority"), or the Executive Director. However, rules shall be issued only by the Authority. b) Any interested person may petition th…

Section 1750.210 Public Hearings a) The Chair or a committee chair may convene public hearings on proposed rulemaking whenever the interest of the State would be best served by such proceedings in order to establish a record of public comment. b) Formal notice of a public hearing…

Section 1750.310 Preamble The Illinois Criminal Justice Information Authority (hereinafter called the "Authority") shall have the duties and responsibilities set forth in Governor James R. Thompson's Executive Order Number 82-2, dated April 1, 1982 and the Illinois Criminal Justi…

Section 1750.320 Officers a) Chair − The Chair shall be an Authority member designated by and serving at the pleasure of the Governor. b) Vice Chair − The Vice Chair shall be an Authority member designated by and serving at the pleasure of the Chair. Upon disability or unavailabi…

Section 1750.330 Meetings a) Regular Meetings − Regular meetings of the Authority shall be held at least four (4) times per year at the offices of the Authority or at some location to be determined by the Chair when room is unavailable at the offices of the Authority or when nece…

Section 1750.340 Committees a) Committee Structure − The Authority shall have both ad hoc and standing committees. b) Membership − The Chair shall appoint all committee chairs and vice chairs. Except for the Appeals Committee, standing committees shall consist of at least seven m…

Section 1750.350 Authority Staff a) Executive Director − The Executive Director shall be appointed by and shall serve at the pleasure of the Governor. The Executive Director shall function as the chief executive officer of the Authority and in that capacity is authorized to bind …

Section 1750.360 Amendment of Organizational Rules These Organizational Rules may be amended at any regular or special meeting by a majority of the members present, provided that the proposed amendment shall have been distributed at least ten (10) business days prior to such meet…

Section 1750.370 Unspecified Matters All matters not specified by these Organizational Rules shall be governed by Executive Order Number (82-2), dated April 1, 1982, the Illinois Criminal Justice Information Act [20 ILCS 3930], the Open Meetings Act [5 ILCS 120], the Illinois Adm…

Section 1750.380 Effective Date The Organizational Rules take effect upon their approval by a majority vote of those Authority members present, and the filing of a copy thereof with the Office of the Secretary of State, and the fulfilling of any other statutory requirements, in a…

Section 1755.100 Summary and Purpose a) This Part states the policy of the Illinois Criminal Justice Authority (Agency) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality. b) This Part: 1) …

Section 1755.105 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 Criminal Justice Information Act [20 ILCS 393…

Section 1755.200 Records that Will Be Disclosed Upon request meeting the requirements of this Part, the Agency shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 1755.205 or 1755.210. Records covered unde…

Section 1755.205 Records that Will Be Withheld from Disclosure a) For exemptions from FOIA that are stated in FOIA, see Section 7(1) of FOIA. b) A record that is not in the possession of the Agency but is in the possession of a party with whom the Agency has contracted to perform…

Section 1755.210 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 1755.300 Submittal of Requests for Records a) Any request for public records should be submitted in writing to the FOI Officer at the Agency. b) The Agency has one FOI Officer, located in Chicago. c) Contact information for each FOI Officer can be found online at www. Ill…

Section 1755.305 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 Agency consider…

Section 1755.310 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 Agency. (Section 3.1(c) of FOIA) b) Th…

Section 1755.315 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 availab…

Section 1755.400 Timeline for Agency Response a) Except as stated in subsection (b) or (c), the Agency 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, …

Section 1755.405 Requests for Records that the Agency Considers Unduly Burdensome a) The Agency will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden the Agency, there is no way to narrow the request, and th…

Section 1755.410 Recurrent Requesters a) Notwithstanding any provision of this Part to the contrary, the Agency will respond to a request from a recurrent requester, as defined in Section 1755.105, within 21 business days after receipt. The response shall: 1) provide to the reque…

Section 1755.415 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 Agency will re…

Section 1755.420 Denials of Requests for Records a) The Agency will deny requests for records when: 1) Compliance with the request would unduly burden the Agency, as determined pursuant to Section 1755.405, and the requester has not reduced the request to manageable proportions; …

Section 1755.425 Requests for Review of Denials − Public Access Counselor a) A person whose request to inspect or copy a record is denied by the Agency may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than …

Section 1755.430 Circuit Court Review A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Cook County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

Section 1755.435 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 …

Section 1755.500 Inspection and Copying of Records a) The Agency may make available records for personal inspection at the Agency's headquarters office located at 300 West Adams Street, Chicago, or at another location agreed to by both the Agency and the requester. No original re…

Section 1755.505 Fees for Records a) In accordance with Section 1755.510, unless a fee is otherwise fixed by statute, the Agency 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 …

Section 1755.510 Reduction and Waiver of Fees a) Fees may be reduced or waived by the Agency 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 Agency will c…

Section 1755.APPENDIX A Fee Schedule for Duplication and Certification of Records TYPE OF DUPLICATION FEE (PER COPY) Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies No charge Paper copy from original, in excess of 50 copies…

Section 1760.100 Preamble The Illinois Integrated Justice Information System Implementation Board (hereinafter called the "Board"), created within the Illinois Criminal Justice Information Authority (hereinafter called the "Authority"), shall have the duties and responsibilities …

Section 1760.110 Membership and Officers a) Chair – The Chair shall be a Board member or official designee elected by the membership of the Board. The Chair shall serve a term of two years. b) Elections – Elections for Chair shall take place every other year during the Board meet…

Section 1760.120 Meetings a) Regular Meetings – Regular meetings of the Board shall be held at least twice per year at the offices of the Authority or at some location to be determined by the Chair. Meetings and notice for meetings shall be in conformance with the Illinois Open M…

Section 1760.130 Committees a) Committee Structure – The Chair, in consultation with the Board, shall create committees as necessary to achieve the purposes of Executive Order 2003-16. Committees shall exercise those powers as are delegated to them by the chair and as are appropr…