Illinois Administrative Code

Section 725.120 Requests for Adoption of Rules Any person may request the Department adopt a new rule or amend or repeal a rule currently in effect. a) The written request needs to: 1) Identify the current rule to be amended or repealed or state the substance of the new rule prop…

Section 725.130 Rulemaking Proceedings If the Department determines rulemaking should be pursued, the necessary steps for filing and publication, as specified in the Illinois Administrative Procedure Act [5 ILCS 100] shall be followed. (Source: Amended at 43 Ill. Reg. 13289, effe…

Section 725.20 Operating Manuals The Department's operating procedures and policies are contained in policy and procedure manuals and in policy and procedure letters. Copies of these materials may be published on the Department's website. Requests for information regarding the De…

Section 725.210 Department Organization a) The organization and duties of the Department staff are established by the Director, as provided by Section 6.05 of the Illinois Act on Aging [20 ILCS 105/6.05]. b) The organization of the Department is illustrated in the organization ch…

Section 725.30 Public Information Current informational documents and brochures about subjects and activities of the programs administered by the Department may be published on the Department's website. (See 5 ILCS 100/5-15(a)(2)) Requests for information and copies of current in…

Section 725.40 Materials to Aid Users with Finding and Using Department Rules Tables of contents, indices, reference tables, and other materials to aid users in finding and using the agency's collection of rules currently in force are available on the Illinois General Assembly we…

Section 725.50 Individual Case Record Information a) Information concerning individuals receiving services through programs administered by the Department and/or by the area agency is protected under federal and State confidentiality laws and rules and Department rules, policies …

Section 725.TABLE B Organization Chart Director Chief of Staff Office of Deputy Director Division of Finance and Administration Office of General Counsel Office of Internal Auditor Office of State Ombudsman Office of Human Resources Division of Planning, Research & Development Di…

Section 726.100 Summary and Purpose a) This Part states the policy of the Department on Aging (Agency) 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 f…

Section 726.105 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 Act on the Aging [20 ILCS 105]. "Agency" means…

Section 726.200 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 726.205 or 726.210. Records covered under t…

Section 726.205 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 726.210 Statutory Exemptions For exemptions from FOIA that are stated in other statutes, see Section 7.5 of FOIA. SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

Section 726.300 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 the Springfield office. c) Contact information for the FOI Officer can be found onlin…

Section 726.305 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 considers…

Section 726.310 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) The…

Section 726.315 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…

Section 726.400 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, o…

Section 726.405 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 the…

Section 726.410 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 726.105, within 21 business days after receipt. The response shall: 1) provide to the request…

Section 726.415 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 ret…

Section 726.420 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 726.405, and the requester has not reduced the request to manageable proportions; or…

Section 726.425 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 6…

Section 726.430 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.

Section 726.435 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 r…

Section 726.500 Inspection and Copying of Records a) The Agency may make available records for personal inspection at the Agency's headquarters office located at One Natural Resources Way, Suite 100, Springfield IL 62702-1271, or at another location agreed to by both the Agency a…

Section 726.505 Fees for Records a) In accordance with Section 726.510, 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 co…

Section 726.510 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 co…

Section 726.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 750.10 Policy It is the policy of the Department of Central Management Services to promulgate rules describing the operation of the Department whenever rules will enable State agencies, employees or the public to better understand the Department's functions.

Section 750.20 Applicability These rules apply to the internal operation and structure of the Department. SUBPART B: DESCRIPTION AND ORGANIZATION

Section 750.30 Functional Description The Department of Central Management Services provides centralized services to State Agencies. Those major services and the basic governing statutes are listed below. Further definition by rule can be found in other parts promulgated by the D…

Section 750.40 Organizational Description The Department is headed by a Director and two Assistant Directors. Six Bureaus run the day to day operations. The Director's staff, the Bureaus and their Divisions are described as follows: a) Office of the Director. Provides general man…

Section 750.50 Graphic Description The current organizational sturcture is shown on Appendix A to this Part. SUBPART C: RULEMAKING PROCESS

Section 750.60 Rulemaking Process The Director or any interested party may propose a rule, amendment to a rule, or the repeal of a rule. Each proposal shall be treated in the following manner. a) All rule proposals shall be directed to the Bureau Manager in charge of the appropri…

Section 750.70 Rulemaking Flowchart The chart depicting the process of rulemaking within the Department is shown in Appendix B to this Part. SUBPART D: ACCESS TO INFORMATION

Section 750.80 Access to Information Requests to see or copy departmental information shall be governed by the provisions of 2 Ill. Adm. Code 751.

Section 750.APPENDIX B Rulemaking Flowchart a. General Rules Proposal ----- Bureau Manager (receipt) ----- Director (approval to proceed) ----- Bureau Manager (research and drafting) ----- Legal Services (language review) ----- Bureau Manager (revisions) ----- Director (approval …

Section 751.10 Policy The purpose of these rules is to support the policy of providing public access to the public records in the possession of this Department while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

Section 751.100 Copies of Public Records a) Copies of public records shall be provided to the requestor only upon payment of any charges which are due. b) Fees 1) Charge for copies of public records shall be assessed in accordance with the following fee schedule for duplication o…

Section 751.110 General Materials Available from the Freedom of Information Officer 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 Department; b) …

Section 751.20 Definitions a) Terms used in this part shall have the same meaning as in the Freedom of Information Act. b) "FOIA" means the Freedom of Information Act. c) "Freedom of Information Officer" means an individual responsible for receiving and responding to requests for…

Section 751.30 Person to Whom Requests are Submitted Requests for public records shall be submitted to the Freedom of Information Officer of this Department. Requests shall be submitted to the following address: Freedom of Information Officer Department of Central Management Serv…

Section 751.40 Form and Content of Requests a) Requests in accordance with the FOIA and this Part shall be made in writing. FOIA request forms are available from the Department. b) Oral requests will be handled expeditiously. However, the required response times and the appeal pr…

Section 751.50 Time Limit for Department Response a) The Department shall respond to a written request for public records within 7 working days after the receipt of such request. b) The Department may require an extension of time to respond which does not exceed an additional 7 w…

Section 751.60 Types of Department Responses a) The Department shall respond to a request for public records in one of three ways: 1) Approve the request. 2) Approve in part and deny in part. 3) Deny the request. b) Upon approval of a request for public records, the Department sh…

Section 751.70 Appeal of Denial a) A requestor whose request has been denied by the Freedom of Information Officer may appeal the denial to the Director of the Department. The notice of appeal shall be made in writing and sent to: Director Department of Central Management Service…