TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.10 SUMMARY AND PURPOSE
Section 551.10 Summary and
Purpose
a) These rules are established to implement the provisions of the
Freedom of Information Act (P.A. 83-1013, effective July 1, 1984, Supplement to
Ill. Rev. Stat. 1983, ch. 116, par. 201 et seq.). The purpose of these rules
is to support the policy of providing public access to the public records in
the possession of the Office of the Secretary of State, while at the same time,
protecting legitimate privacy interests and maintaining administrative
efficiency.
b) These rules create a procedure by which the public may request
and obtain public records. Therefore, they are being filed in accordance with
Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat.
1991, ch. 127, par. 1005-15).
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.20 DEFINITIONS
Section 551.20 Definitions
Terms used in these rules shall
have the same meaning as in the Freedom of Information Act:
"Department" means a subdivision of the Office of
the Secretary of State, identified at 2 Ill. Adm. Code 550.
"Director" means the Director of each Department,
appointed by the Secretary of State.
"FOIA" means the Freedom of Information Act.
"Freedom of Information Officer" means an
individual responsible for receiving and responding to requests for public
records designated in each Department.
"Requestor" means a person who submits a request
for public records in accordance with these rules.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.30 PRINCIPAL OFFICE
Section 551.30 Principal
Office
For the purposes of the Illinois
Freedom of Information Act, the principal office of the Office of the Secretary
of State, its departments, committees, and subdivisions, shall be the City of
Springfield, County of Sangamon.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.40 AVAILABILITY OF RECORDS
Section 551.40 Availability
of Records
a) Records of the Secretary of State's Office, its departments,
committees, and subdivisions, unless otherwise exempt pursuant to statute,
shall be available for inspection in the City of Springfield between the hours
of 8:30 a.m. and 4:30 p.m., Monday through Friday, except during official State
holidays.
b) Records will be inspected in the Reference Reading Room of the
State Library, 300 South Second Street, second floor, City of Springfield, or
at the State of Illinois Center, 100 West Randolph Street, fifth floor, City of
Chicago, unless the Secretary of State or a Department Director who has custody
of the required record determines that the bulk, daily government use, size,
nature, or computerization of a record requires the requestor to inspect the record
within the Department maintaining the record.
(Source: Amended at 14 Ill. Reg. 13852, effective August 15, 1990)
SUBPART B: REQUEST PROCEDURES
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.110 INSPECTION OF RECORDS AT DEPARTMENT OFFICES
Section 551.110 Inspection
of Records at Department Offices
a) Documents which the requestor wishes to have copied shall be
segregated during the course of the inspection. Generally, all copying shall
be done by Department employees.
b) An employee of the Department may be present throughout the
inspection. A requestor may be prohibited from bringing bags, brief cases or
other containers into the inspection room.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.120 NOTICE OF DENIAL
Section 551.120 Notice of
Denial
Notices of Denial shall be
maintained in the General Counsel's Office in the Centennial Building,
Springfield, Illinois.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.130 REQUESTS
Section 551.130 Requests
a) All requests shall be in writing addressed to the Freedom of
Information Officer or Director of the Department maintaining the record. The
list of Departments and addresses for the Departments is located at 2 Ill. Adm.
Code 550.10(c) and 550.210.
b)
1) All requests shall be on the approved request form, which
shall be available in all offices of the Secretary of State's Departments, or
in a letter containing the same or similar elements.
A) The requestor's full name, address, and phone number.
B) A brief description of the public records sought, being as
specific as possible.
C) Whether the request is for inspection of public records, copies
of public records, or both.
2) The approved form is attached as Appendix A to these rules.
c) Oral requests will be handled expeditiously. However, the
required response times and the appeal procedures contained in the FOIA and
these rules do not apply to oral requests.
d) Timelines for responses to requests for records, and appeals
to the Secretary of State are found in Section 3 of the FOIA.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.140 APPEAL PROCEDURE TO SECRETARY OF STATE
Section 551.140 Appeal
Procedure to Secretary of State
a) Any person requesting a record who has been denied access by a
Department Director or Freedom of Information Officer may appeal such denial to
the Secretary of State, pursuant to Section 10 of the FOIA.
b) The appeal request must be in writing and addressed to the
Deputy Secretary of State, Room 213, Capitol Building, Springfield, Illinois.
It shall contain a copy of the original request, a copy of the denial received
by the requestor, and a statement of the reasons why the appeal should be
granted.
(Source: Amended at 12 Ill. Reg. 19515, effective November 7, 1988)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.150 FEES
Section 551.150 Fees
a) The fee for copying any record shall be 50 per page of
material 8 1/2" x 11" in size, $1.00 per page of material larger than
8 1/2" x 11" in size, and certification shall be $2.00 per document
unless a specific statute provides otherwise.
b) The cost of any transcript of any administrative hearing shall
be at the lowest per page cost of a transcript paid in the city in which the
hearing was conducted if transcribed by the Office of the Secretary of State.
If transcribed by a commercial court reporter, the actual cost to the Secretary
of State shall be charged to the requestor.
c) Requests for a waiver or reduction of any fee pursuant to
Section 6 of FOIA shall be directed to the Director or Freedom of Information
Officer of the Department maintaining the record.
d) Copies of public records shall be provided to the requestor
only upon payment of the charges which are due.
Section 551.APPENDIX A Freedom of Information Request Form
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 551
FREEDOM OF INFORMATION
SECTION 551.APPENDIX A FREEDOM OF INFORMATION REQUEST FORM
Section 551.APPENDIX A Freedom
of Information Request Form
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Requestor's
Name
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Date
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Address
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Telephone
Number
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City
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Zip Code
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Secretary
of State Employee Name, Title & Department to Receive FOI Request:
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Department
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Name
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Title
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RECORDS SOUGHT
(Be Specific):
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Requestor's
Signature
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The department will respond to a request for public records within
seven (7) working days after its receipt. If your request is denied, you may
file an appeal. Appeals should be addressed to the Assistant Secretary of
State, 208 Capitol, Springfield, Illinois 62756.
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(FOR
DEPARTMENT USE ONLY)
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Response:
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Department ______________________
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Records Made Available Date _______________
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Copies Made Yes No
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Request denied and why? ______________________
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How many? ______________________
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Fee ____________________________
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Other (Attach Correspondence):
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Department Comments (Use Reverse)
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Date Request Received
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