Illinois Administrative Code

Section 3500.360 Informal Inquiry and Summary Dismissal a) After the completed Claim Form and Waiver Form have been received, an informal inquiry shall be performed by the Director or his or her designee to determine whether additional investigation is warranted. b) The Director …

Section 3500.375 Formal Inquiry a) If the claim is not summarily dismissed, a formal inquiry will be initiated by the Director on behalf of the Commission. In conducting the formal inquiry, any measure provided in the Code of Civil Procedure [735 ILCS 5] and the Code of Criminal …

Section 3500.380 Evidentiary Proceedings Before the Commission a) If the Commission elects to hold an evidentiary hearing, the following procedures will apply: 1) At the hearing, all relevant evidence from the formal inquiry shall be presented to the full Commission in summary fo…

Section 3500.385 Decisions a) All 8 voting members of the Commission, including alternate members if necessary, shall participate in that vote. [775 ILCS 40/45(c)] b) If at least 5 or more of the 8 voting members of the Commission conclude by a preponderance of the evidence that …

Section 3500.386 Factors Considered in Decisions a) The Commission will consider all relevant factors in making its decision. These factors may include: 1) Whether the person has consistently claimed to have been tortured; 2) Whether the claim was first made shortly after the inc…

Section 3500.390 Notification of Crime Victim a) If a formal inquiry is initiated, the Commission, through its Director, shall use all due diligence to give written notification to the victim in the case, explaining the inquiry process and notifying the victim of the right to pre…

Section 3500.395 Commission Reports to General Assembly and Governor a) On January 1 of each year, the Commission shall report on its activities to the General Assembly and the Governor. b) The report may contain recommendations of any needed legislative changes related to the ac…

Section 3500.40 Compensation and Expenses Commission members receive no salary for serving, but may be reimbursed for reasonable expenses incurred as a result of their duties as members of the Commission from funds appropriated by the General Assembly for the purpose, or from fun…

Section 3500.410 Adoption of Rules The Commission adopts rules in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

Section 3500.50 Director The Commission employs a Director, who is an attorney licensed to practice in Illinois. The Director assists the Commission in developing rules and standards for cases accepted for review, coordinating investigation of cases accepted for review, maintaini…

Section 3500.60 Other Staff Subject to the approval of the Chair, the Director employs such other staff and contracts for services as is necessary to assist the Commission in the performance of its duties, and as funds permit. [775 ILCS 40/30]

Section 3700.100 Scope This Part satisfies the rulemaking requirements of Section 5-15 of the IAPA and implements Section 4 of FOIA.

Section 3700.110 Definitions "Act" shall mean the Illinois Power Agency Act [20 ILCS 3855]. "Agency" shall mean the Illinois Power Agency. "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 …

Section 3700.200 Organization a) The Agency shall have a Director appointed pursuant to Section 20-5(d-6) of the State Officials and Employees Ethics Act [5 ILCS 430/20-5(d-6)]. b) The Agency's Director shall serve as the chief executive officer of the Agency. c) The Director or …

Section 3700.210 Absence or Disability of Director The Director may select a person or position title who shall serve as Director Pro Tem in the event of absence or disability of the Director. In the event no selection has been made, the Bureau Chief with the most service time wi…

Section 3700.300 Rulemaking Procedures a) Proposed rules shall be drafted by the Agency's legal counsel with appropriate participation of other agency staff members. Proposed rules are circulated to the Director and other appropriate Agency staff members for review and comment. F…

Section 3700.400 Contacting the Agency a) Filing Documents with the Agency 1) To the extent that an authorizing Act, Agency rule, or formal request by the Agency provided to a party requires a specific procedure or recipient list for filing a document, the party shall follow that…

Section 3700.410 Agency Internet Access The Agency shall maintain an internet domain website to provide information regarding the Agency's activities. The internet site is located at http://www.illinois.gov/ipa. The Agency will comply with the State of Illinois Information Techno…

Section 3700.420 Documents Filed with Agency, Confidentiality Preserved a) Documents filed with the Agency may be posted on the Agency website identified in Section 3700.410 of this Part. All documents that the Agency must post pursuant to law or regulation shall be posted to the…

Section 3700.430 Confidential Information a) Any party may request a written predetermination from the Director as to whether information to be provided to the Agency is confidential and proprietary information prior to the information being furnished, delivered, or filed by any …

Section 3700.500 Requests for Public Records a) All requests for public records shall be submitted in writing in one of the following manners: 1) Via regular mail to the address listed in Section 3700.300(b)(1) of this Part, to the attention of the Chief Legal Counsel, "FOIA Requ…

Section 3700.505 Freedom of Information Officer Any duties required of the Freedom of Information Officer under FOIA shall be carried out by or under the supervision of the Agency's Chief Legal Counsel.

Section 3700.510 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 Sections 3700.520 or 3700.530 of this Part. Record…

Section 3700.520 Records that Will Be Withheld from Disclosure When a request is made to inspect or copy a record that contains information that is otherwise exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the Agency sh…

Section 3700.530 Statutory Exemptions To the extent provided for by the following statutes, the following shall be exempt from inspection and copying: a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act [20 ILCS 70…

Section 3700.540 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 3700.550 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 3700.560 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 3700.570 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 3700.580 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 3700.560, and the requester has not reduced the request to manageable proportions; …

Section 3700.581 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 3700.582 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 3700.583 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 3700.590 Inspection of Records a) The Agency may make available records for personal inspection at the Agency's headquarters office located at 160 N. LaSalle St., Suite C-504, Chicago IL 60601, or at another location agreed to by both the Agency and the requester. No orig…

Section 3700.592 Copying of Records; Fees a) In accordance with Section 3700.594, 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 B. b) In calculating its…

Section 3700.594 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 3700.APPENDIX A Organization Chart

Section 3700.APPENDIX B FOIA Fees Subject to reductions pursuant to Section 3700.594 of this Part, the fees for FOIA requests are as follows: Paper copies: $0.15 per page, up to and including 300 pages $0.10 per page, above 300 pages Electronic copies: $3.00 per CD of information…

Section 5000.10 Applicability This Subpart applies to any persons seeking or submitting information regarding subjects, programs and activities of the Illinois State Board of Education.

Section 5000.100 Applicability This Subpart applies to all rules of the Illinois State Board of Education.

Section 5000.110 Initiation a) Initiation of new rules shall begin at the direction of the State Board of Education, the State Superintendent, or when required by state legislation. b) Amendment of existing rules may be initiated in the same manner and shall include revisions, ad…

Section 5000.115 Consideration of Public Requests for Rulemaking Pursuant to Section 5-145 of the Illinois Administrative Procedure Act [5 ILCS 100/5-145], any interested person may request an agency to adopt, amend, or repeal a rule. If, within 30 days after submission of a requ…

Section 5000.120 State Board of Education Review and Adoption a) The State Board of Education Chairperson shall in each instance determine Board Committee involvement in the review of draft rules. b) The State Superintendent shall submit proposed new and amended rules in draft fo…

Section 5000.130 Public Inspection of Rules Rules adopted by the Illinois State Board of Education shall be available for public inspection during normal working hours at 100 North First Street, Springfield, Illinois.

Section 5000.20 Public Requests a) Requests for information should be submitted in writing. The request should include a description of the information requested and the reason for the request. Requests should be directed to: State Superintendent of Education Illinois State Board…

Section 5000.200 Applicability This Subpart applies to the Illinois State Board of Education, its standing committees, and to the organizational entities administered by the State Superintendent of Education.

Section 5000.210 State Board of Education Organization a) Table A illustrates the organization of the State Board of Education and its standing committees. b) Table B illustrates the organization of the State Board of Education in relation to the State Superintendent of Education…