Illinois Administrative Code

Section 1010.420 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 1010.405, and the requester has not reduced the request to manageable proportions; …

Section 1010.425 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 1010.430 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 1010.435 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 1010.500 Inspection and Copying of Records a) The Agency may make available records for personal inspection at the Agency's headquarters office located at 1112 South Wabash Avenue, Chicago, or at another location agreed to by both the Agency and the requester. No original…

Section 1010.505 Fees for Records a) In accordance with Section 1010.510, 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 1010.510 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 1010.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 1027.10 Qualifications Administrative law judges conducting hearings in accordance with the Department's rules at 59 Ill. Adm. Code 103, 106, 120 or 132 shall have the following minimum qualifications: a) Five years experience in government management or in the provisions…

Section 1100.100 Provision of Information a) Rules of General Application The Department maintains a compilation of its rules currently in force, as filed with the Secretary of State, in its central offices in Springfield and Chicago. The rules compilation is available for public…

Section 1100.200 Rulemaking Procedures a) Identification of need for rulemaking The Department shall initiate rulemaking proceedings when: 1) A unit of the Department recommends that a new rule be adopted or an existing rule be amended or repealed; or 2) When a petition for rulem…

Section 1100.300 Department Organization and Functions a) Major Functions An executive agency of State government, the Department administers programs of financial aid, social services, medical assistance, and food stamps through the administrative structure described in paragrap…

Section 1101.100 Summary and Purpose a) This Part states the policy of the Department of Healthcare and Family Services (Agency) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality. b) This …

Section 1101.105 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 Department of Healthcare and Family Services Law [20 I…

Section 1101.200 Records that Will Be Disclosed Upon request meeting the requirements of FOIA, the Agency shall disclose to the requester all records requested except that it shall not disclose certain records as provided in FOIA, Section 1101.205 or 1101.210. Records covered und…

Section 1101.205 Records that Will Be Withheld from Disclosure a) For exemptions from FOIA that are stated in FOIA, see Section 7 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 a …

Section 1101.210 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 1101.300 Submittal of Requests for Records a) Any request for public records should be submitted in writing to the FOI Officer at the Agency. b) Contact information for the FOI Officer can be found online at www2. illinois.gov/Pages/FOIA-Contacts.aspx. c) FOIA requests ma…

Section 1101.305 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 1101.310 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 1101.315 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 availabl…

Section 1101.400 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 1101.405 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 1101.410 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 2 of FOIA, within 21 business days after receipt. The response shall: 1) provide to the requ…

Section 1101.415 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 1101.420 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 3(g) of FOIA, and the requester has not reduced the request to manageable proportio…

Section 1101.425 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 1101.430 Circuit Court Review A requester also has the right to file suit for injunctive or declaratory relief in accordance with the procedures set forth in Section 11 of FOIA.

Section 1101.435 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 1101.500 Inspection and Copying of Records a) The Agency may make available records for personal inspection at the Agency's headquarters office located at Illinois Department of Healthcare and Family Services, 201 South Grand Avenue East, 3rd Floor Springfield, Illinois 6…

Section 1101.505 Fees for Records a) In accordance with Section 1101.510, 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 1101.510 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 1101.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 1125.10 Text of Rules The text of the Department's Public Information rules can be found in its Access to Records of the Department of Public Health rules (2 Ill. Adm. Code 1127). (Source: Amended at 47 Ill. Reg. 2410, effective February 6, 2023) SUBPART B: RULEMAKING

Section 1125.110 Authority − Applicability of Rules This Part is adopted under Section 5-145 of the Illinois Administrative Procedure Act [5 ILCS 100/5-145]. This Part governs the form of Petitions for the adoption of rules that are submitted to the Illinois Department of Public …

Section 1125.120 Right to Petition Any interested person may petition the Illinois Department of Public Health ( "Department") requesting the promulgation, amendment, or repeal of a rule (Section 5-145(b) of the Act). The Petitions must be in compliance with this Part. (Source: A…

Section 1125.130 Form of Petitions a) All Petitions requesting the promulgation, amendment, or repeal of a rule must be submitted to the Department in writing. Each Petition shall contain the following: 1) the name of the individual or entity petitioning the Department, or if the…

Section 1125.140 Submission of Petitions All Petitions must be submitted in duplicate to the following address: Office of the Director Department of Public Health 535 W. Jefferson St. Springfield, Ill. 62761 (Source: Amended at 24 Ill. Reg. 86, effective December 15, 1999)

Section 1125.150 Consideration and Disposition of Petitions a) Petitions submitted under this Part will be given due consideration by the Department; the final decision on whether or not to initiate rule-making in accordance with the Petition will be made by the appropriate Deput…

Section 1125.160 Responsibility a) The Division of Governmental Affairs oversees all activities involved in the preparation of rules within the Department of Public Health. The Division of Governmental Affairs will be responsible for submission of rules to the Secretary of State …

Section 1125.170 Schedule for Rulemaking a) Rules implementing new laws will be prepared within a timeframe developed by the Division of Governmental Affairs in consultation with the appropriate Deputy Director(s) or Senior Staff. This timeframe may vary depending upon the extent…

Section 1125.180 Public Comment − Hearings a) Written comments shall be designated as the proper public response to proposed rules unless a hearing is statutorily required or determined appropriate by the Division of Governmental Affairs in consultation with program staff. b) The…

Section 1125.190 Boards a) The Department utilizes legislatively mandated or created by executive authority boards, commissions, committees, or councils ("boards") for assistance in the preparation of proposed rules and proposed amendments to the rules. Any review of proposed rul…

Section 1125.200 Administrative Rules of the Department The following Departmental and related rules are available at https://ilga.gov/commission/jcar/admincode/titles.html: a) 2 Illinois Administrative Code Part 1125 Public Information, Rulemaking, and Organization Code Part 112…

Section 1125.300 Organizational Overview a) The Director serves as head of the Department of Public Health and is appointed to this office by the Governor of the State of Illinois, by and with the advice and consent of the Senate. The Office of the Director consists of the Chief …

Section 1125.305 Office of Disease Control (ODC) a) The purpose of the Office of Disease Control (ODC) is to administer programs to prevent and control infectious and communicable diseases, to reduce and eliminate exposure, and to ensure population health, safety, and well-being.…

Section 1125.310 Office of Health Promotion (OHPm) a) The Office of Health Promotion (OHPm) addresses health and wellness issues by promoting and encouraging long-term healthy behaviors. OHPm addresses chronic diseases, oral health, vision and hearing, newborn screening, violence…