TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.110 SUMMARY AND PURPOSE
Section 1301.110 Summary and
Purpose
a) This Part states the policy of the Department of Employment
Security 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 following classifications for records in the
Agency's possession:
A) Records that shall be disclosed; and
B) Records that shall be withheld from disclosure.
2) Contains the procedures by which requesters may obtain records
in the Agency's possession; and
3) Contains the procedures for claiming and determining that
records submitted to the Agency are exempt from disclosure.
(Source: Amended at 35 Ill.
Reg. 6066, effective March 25, 2011)
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.120 DEFINITIONS
Section 1301.120 Definitions
a) Terms not defined in this Section shall have the same meaning
as in the Freedom of Information Act and the Illinois Unemployment Insurance
Act.
b) The following definitions are applicable for purposes of this
Part:
"Act" means the Illinois Unemployment Insurance Act [820 ILCS
405].
"Agency" means the Illinois Department of Employment Security.
"Commercial
purpose" means the use of any part of a public record or records, or
information derived from public records, in any form for sale, resale, or
solicitation or advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit, scientific, or academic
organizations shall not be considered to be made for a "commercial purpose"
when the principal purpose of the request is:
to
access and disseminate information concerning news and current or passing
events;
for
articles of opinion or features of interest to the public; or
for the
purpose of academic, scientific, or public research or education. (Section
2(c-10) of FOIA)
"Copying" means the reproduction of any public record by
means of any photographic, electronic, mechanical, or other process, device or
means now known or hereafter developed and available to the Agency. (Section
2(d) of FOIA)
"Director" means the Director of the Agency.
"FOIA" means the Freedom of Information Act [5 ILCS 140].
"Freedom
of Information Officer" or "FOI Officer" means an individual or
individuals responsible for receiving and responding to requests for public
records.
"News media" means a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news service whether
in paper or electronic form, a radio station, a television station, a television
network, a community antenna television service, or a person or corporation
engaged in making news reels or other motion picture news for public showing. (Section
2(f) of FOIA)
"Private
information" means unique identifiers, including a person's social
security number, driver's license number, employee identification number,
biometric identifiers, personal financial information, passwords or other
access codes, medical records, home or personal telephone numbers, and personal
email addresses. Private information also includes home address and personal
license plates, except as otherwise provided by law or when compiled without
possibility of attribution to any person. (Section 2(c-5) of FOIA)
"Public Access Counselor" means an individual appointed to that
office by the Attorney General under Section 7 of the Attorney General Act [15
ILCS 205].
"Public
body" means all legislative, executive, administrative, or advisory bodies
of the State, State universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other municipal
corporations, boards, bureaus, committees or commissions of this State, any
subsidiary bodies of any of the foregoing, including but not limited to committees
and subcommittees thereof, and a School Finance Authority created under Article
1E of the School Code [105 ILCS 5].
(Section 2(a) of FOIA)
"Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps, photographs, microfilms,
cards, tapes, recordings, electronic data processing records, electronic
communications, recorded information and all other documentary materials
pertaining to the transaction of public business, regardless of physical form
or characteristics, having been prepared by or for, or having been or being used
by, received by, in the possession of or under the control of the Agency.
(Section 2(c) of FOIA)
"Requester" means a person who submits to the Agency a written request,
electronically or on paper, for records.
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
SUBPART B: CLASSIFICATION OF RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.201 RECORDS THAT WILL BE DISCLOSED
Section 1301.201 Records
that Will Be Disclosed
Upon receiving
a 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 1301.202 or 1301.203. Records
covered under this Section shall include, but are not limited to, records identified in Sections 2.5, 2.10, 2.15, and 2.20
of FOIA.
a) Records of funds. All records relating to the obligation,
receipt, and use of public funds of the Agency are public records
subject to inspection and copying by the public. (Section 2.5 of FOIA)
b) Payrolls. Certified payroll records submitted to the Agency
under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are public
records subject to inspection and copying in accordance with the provisions of
FOIA; except that contractors' and employees' addresses, telephone numbers,
and social security numbers will be redacted by the Agency prior to
disclosure. (Section 2.10 of FOIA)
c) Criminal history records. The following documents
maintained by the Agency pertaining to criminal history record
information are public records subject to inspection and copying by the public
pursuant to FOIA:
1) Court
records that are public;
2) Records that are otherwise available under State or local
law; and
3) Records in which the requesting party is the individual
identified, except as provided under FOIA Section (7)(1)(d)(vi)
d) Settlement
and severance agreements. All settlement and severance agreements entered into
by or on behalf of the Agency are records subject to inspection and
copying by the public, provided that information exempt from disclosure under
Section 1301.202 or 1301.203 of this Part may be redacted. (Section 2.20 of
FOIA)
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.202 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 1301.202 Records
that Will Be Withheld from Disclosure
a) Information
and data that meet one or more exemption as set forth in Section 7 of FOIA will
be withheld. If it is not unduly burdensome, as defined in Section 1301.402, to
redact exempt information and data from a record and produce a redacted copy of
the record, the exempt information may be redacted and the redacted record
produced as provided for in 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
governmental function on behalf of the Agency, and that directly relates
to the governmental function and is not otherwise exempt under FOIA,
shall be considered a record of the Agency for purposes of Subpart C.
(Section 7(2) of FOIA)
c) When a request is made to inspect or copy a
public record that contains information that is exempt from disclosure under
this Section, but also contains information that is not exempt from disclosure,
the Agency shall make the remaining information available for inspection
and copying. (Section 7(1) of FOIA).
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.203 STATUTORY EXEMPTIONS
Section 1301.203 Statutory
Exemptions
Records
that are required to remain confidential under Section 1900 of the Illinois
Unemployment Insurance Act [820 ILCS 405/1900], will not be produced as they
are exempt under Section 7(1)(a) of FOIA. For a non-exhaustive list of
exemptions from FOIA that are stated in other statutes, see Section 7.5 of
FOIA.
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.210 OFFICE TO WHICH REQUESTS ARE SUBMITTED (REPEALED)
Section 1301.210 Office to
Which Requests are Submitted (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.220 FORM AND CONTENT OF REQUESTS (REPEALED)
Section 1301.220 Form and
Content of Requests (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
SUBPART C: REQUESTING RECORDS FROM THE AGENCY
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301 ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.301 SUBMITTAL OF REQUESTS FOR RECORDS
Section 1301.301 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 115 South
LaSalle Street, Chicago, Illinois 60603 office.
c) Contact information for the FOI Officer can be found online
at https://www.illinois.gov/about/foia-contacts.html.
d) FOIA requests may be submitted via mail, e-mail, fax, or hand
delivery. Requests should be mailed or hand delivered to:
Department of Employment Security
c/o FOI Officer
115 South LaSalle Street, Floor LL2
Chicago, Illinois 60603
e) E-mailed
requests should be sent to des.foiarequest@illinois.gov, contain the request in
the body of the e-mail, and indicate in the subject line of the e-mail that it
contains a FOIA request. Faxed FOIA requests should be faxed to 312/793-5645,
Attn: FOI Officer.
(Source: Amended at 49 Ill.
Reg. 11112, effective August 20, 2025)
|
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.302 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 1301.302 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 unduly burdensome or categorical may be
denied. (See Section 3(g) of FOIA and Section 1301.402 of this Part.);
c) A statement as to the requested medium and format for the
Agency to use in providing the records sought: for example, paper, specific
types of digital or magnetic media, or videotape;
d) A statement as to the requested manner for the Agency to use
in providing the records sought: for example, inspection at Agency
headquarters or providing paper or electronic copies;
e) A statement as to whether the requester needs certified copies
of all or any portion of the records, including reference to the specific
documents that require certification;
f) A
statement as to whether the request is for a commercial purpose; and
g) If the request involves unemployment insurance records for an
individual or employing unit, a detailed explanation of the purpose for which
the records are needed.
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.303 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 1301.303 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 Agency shall respond to a request for records to be
used for a commercial purpose within 21 working days after receipt. The
response shall:
1) Provide to the requester an estimate of the time required
by the Agency to provide the records requested and an estimate of the
fees to be charged, which the Agency may require the person to pay in
full before copying the requested documents;
2) Deny the request pursuant to one or more of the exemptions
set out in Section 7 or 7.5 of FOIA or Section 1301.202 or 1301.203;
3) Notify the requester that the request is unduly burdensome
and extend an opportunity to the requester to attempt to reduce the request to
manageable proportions; or
4) Provide
the records requested. (Section 3.1(a) of FOIA)
c) Unless the records are exempt from disclosure, the Agency
shall comply with a request within a reasonable period considering the size and
complexity of the request, and giving priority to records requested for
non-commercial purposes. (Section 3.1(b) of FOIA)
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.310 TIMELINE FOR DEPARTMENT RESPONSE (REPEALED)
Section 1301.310 Timeline
for Department Response (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.320 CATEGORIES OF DEPARTMENT RESPONSES (REPEALED)
Section 1301.320 Categories
of Department Responses (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.401 TIMELINE FOR AGENCY RESPONSE
Section 1301.401 Timeline
for Agency Response
a) Except as stated in Section 1301.303 or subsection (b) or (c),
the Agency will respond to any written request for records within 5 business
days after its receipt of the request at the address given in Section
1301.301. Failure to comply with a written request, extend the time for
response, or deny a request within 5business days after its receipt shall be
considered a denial of the request. If the Agency fails to respond to a
request within the requisite periods in this subsection (a) but
thereafter provides the requester with copies of the requested records, it will
not impose a fee for such copies. If the Agency fails to respond to a request
received, it will not treat the request as unduly burdensome as provided under Section
1301.402. (Section 3(d) of FOIA) A written request from the Agency to provide
additional information shall be considered a response to the FOIA request.
b) The time limits prescribed in subsection (a) may be
extended for not more than5 business days from the original due date for any of
the following reasons:
1) The requested records are stored in whole or in part at
locations other than the office having charge of the requested records;
2) The request requires the collection of a substantial number
of specified records;
3) The request is couched in categorical terms and requires an
extensive search for the records responsive to it;
4) The requested records have not been located in the course
of routine search and additional efforts are being made to locate them;
5) The requested records require examination and evaluation by
personnel having the necessary competence and discretion to determine if they
are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed
only with appropriate deletions;
6) The request for records cannot be complied with by the Agency
within the time limits prescribed by subsection (a) without unduly burdening
or interfering with the operations of the Agency; or
7) There is a need for consultation, which shall be conducted
with all practicable speed, with another public body or among two or more
components of a public body having a substantial interest in the determination
or in the subject matter of the request. (Section 3(e) of FOIA)
c) The person making a request and the Agency may agree in
writing to extend the time for compliance for a period to be determined by the
parties. If the requester and the Agency agree to extend the period for
compliance, a failure by the Agency to comply with any previous deadlines shall
not be treated as a denial of the request for the records. (Section 3(e)
of FOIA)
d) When additional time is required for any of the reasons set
forth in subsection (b), the Agency will, within 5 business days after receipt
of the request, notify the person making the request of the reasons for the
extension and the date by which the response will be forthcoming. Failure to
respond within the time permitted for extension shall be considered a denial of
the request. If the Agency fails to respond to a request within the time
permitted for extension but thereafter provides the requester with copies of
the requested public records, it may not impose a fee for those copies. If the
Agency issues an extension and subsequently fails to respond to the request, it
will not treat the request as unduly burdensome under Section 1301.402. (Section
3(f) of FOIA)
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.402 REQUESTS FOR RECORDS THAT THE AGENCY CONSIDERS UNDULY BURDENSOME
Section 1301.402 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 be unduly burdensome
for the Agency, there is no way to narrow the request, and the burden on
the Agency outweighs the public interest in the information. Before
invoking this exemption, the Agency will extend to the requester an
opportunity to confer with it in an attempt to reduce the request to manageable
proportions. (Section 3(g) of FOIA) The amended request must be in
writing.
b) If the Agency responds to a categorical request by
stating that compliance would unduly burden its operation and the conditions
described in subsection (a) of this Section are met, the Agency shall
do so in writing, specifying the reasons why it would be unduly burdensome and
the extent to which compliance will so burden the operations of the Agency.
Such a response shall be treated as a denial of the request for information. (Section
3(g) of FOIA)
c) Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided or properly
denied under this Part shall be deemed unduly burdensome. (Section
3(g) of FOIA)
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.403 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 1301.403 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 retrieve and provide electronic records only in a format and medium
that is available to the Agency.
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.404 DENIALS OF REQUESTS FOR RECORDS
Section 1301.404 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 1301.402, and the requester has not reduced the request
to manageable proportions; or
2) The records are exempt from disclosure pursuant to Section 7
or 7.5 of FOIA or Section 1301.202 or 1301.203.
b) The denial of a request for records must be in writing.
1) The notification shall include a description of the records
denied; the reason for the denial, including a detailed factual basis for
the application of any exemption claimed; and the names and titles or positions
of each person responsible for the denial (Section 9(a) of FOIA);
2) Each notice of denial shall also inform such person of the
right to review by the Public Access Counselor and provide the address and
phone number for the Public Access Counselor (Section 9(a) of FOIA); and
3) When a request for public records is denied on the grounds
that the records are exempt under Section 7 or 7.5 of FOIA, the notice of
denial shall specify the exemption claimed to authorize the denial and the
specific reasons for the denial, including a detailed factual basis and a
citation to the supporting legal authority (Section 9(b) of FOIA).
c) A requester may treat the Agency's failure to respond to a
request for records within 5 business days after receipt of the written request
as a denial for purposes of the right to review by the Public Access Counselor.
d) If the Agency has given written notice pursuant to Section
1301.401(d), failure to respond to a written request within the time permitted
for extension may be treated as a denial for purposes of the right to review by
the Public Access Counselor.
e) Any person making a request for public records shall be
deemed to have exhausted his or her administrative remedies with respect to
that request if the Agency fails to act within the time periods provided
in Section 1301.401. (Section 9(c) of FOIA)
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.405 REQUESTS FOR REVIEW OF DENIALS PUBLIC ACCESS COUNSELOR
Section 1301.405 Requests
for Review of Denials – Public Access Counselor
a) A person whose request to inspect or copy a public 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 60 days after the date of the final denial. (Section 9.5(a) of FOIA)
b) A person whose request to inspect or copy a public record
is made for a commercial purpose as defined in Section 1301.120 may not
file a request for review with the Public Access Counselor. A person whose
request to inspect or copy a public record was treated by the Agency as
a request for a commercial purpose under Section 3.1 of FOIA may file a
request for review with the Public Access Counselor for the limited purpose of
reviewing whether the Agency properly determined that the request was
made for a commercial purpose.
c) A person whose request to inspect or copy a public record
was treated by the Agency as a voluminous request under Section 3.6 of FOIA
may file a request for review with the Public Access Counselor for the purpose
of reviewing whether the Agency properly determined that the request was
a voluminous request. (Section 9.5(b) of FOIA)
d) Within 7 business days after receipt of the request for review
from the Public Access Counselor, the Agency shall provide copies of
records requested and shall otherwise fully cooperate with the Public Access
Counselor. (Section 9.5(c) of FOIA)
e) Within 7 business days after it receives a copy of a request
for review and request for production of records from the Public Access
Counselor, the Agency may, but is not required to, answer the
allegations of the request for review. The answer may take the form of a
letter, brief, or memorandum. The Public Access Counselor shall forward a copy
of the answer to the person submitting the request for review, with any alleged
confidential information to which the request pertains redacted from the copy.
(Section 9.5(d) of FOIA)
f) The requester may, but is not required to, respond in
writing to the answer within 7 business days and shall provide a copy of the
response to the Agency. (Section 9.5(d) of FOIA)
g) In addition to the request for review, and the answer and
response thereto, if any, a requester or the Agency may furnish
affidavits or records concerning any matter germane to the review. (Section
9.5(e) of FOIA)
h) A binding opinion from the Attorney General shall be
binding upon both the requester and the Agency, subject to administrative
review under Section 1301.407. (Section 9.5(f) of FOIA)
i) If the Attorney General decides to exercise his or her
discretion to resolve a request for review by mediation or by a means other
than issuance of a binding opinion, the decision not to issue a binding opinion
shall not be reviewable. (Section 9.5(f) of FOIA)
j) Upon receipt of a binding opinion concluding that a
violation of FOIA has occurred, the Agency shall either take
necessary action immediately to comply with the directive of the opinion or
shall initiate administrative review under Section 1301.407. If the
opinion concludes that no violation of FOIA has occurred, the requester
may initiate administrative review under Section 1301.407. (Section 9.5(f)
of FOIA)
k) If the Agency discloses records in accordance with an opinion
of the Attorney General, the Agency is immune from all liabilities by reason
thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of
FOIA)
l) If the requester files suit under Section 1301.406 with
respect to the same denial that is the subject of a pending request for review,
the requester shall notify the Public Access Counselor, and the Public Access
Counselor shall take no further action with respect to the request for review
and shall so notify the Agency. (Section 9.5(g) of FOIA)
m) The Attorney General may also issue advisory opinions to the Agency
regarding compliance with FOIA. A review may be initiated upon receipt
of a written request from the Director of the Agency or the Agency's
Chief Legal Counsel, which shall contain sufficient accurate facts from
which a determination can be made. The Public Access Counselor may request
additional information from the Agency in order to assist in the
review. If the Agency relies in good faith on an advisory opinion of
the Attorney General in responding to a request, the Agency is not
liable for penalties under FOIA, so long as the facts upon which the
opinion is based have been fully and fairly disclosed to the Public Access
Counselor. (Section 9.5(h) of FOIA)
(Source: Amended at 48 Ill.
Reg. 10197, effective June 28, 2024)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.406 CIRCUIT COURT REVIEW
Section 1301.406 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.
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.407 ADMINISTRATIVE REVIEW
Section 1301.407 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 review of a binding opinion of the
Attorney General shall be commenced in Cook County or Sangamon County.
An advisory opinion issued to the Agency shall not be considered a final
decision of the Attorney General for purposes of this Section. (Section
11.5 of FOIA)
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.410 APPEAL OF A DENIAL (REPEALED)
Section 1301.410 Appeal of a
Denial (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.420 DIRECTOR'S RESPONSE TO APPEAL (REPEALED)
Section 1301.420 Director's
Response to Appeal (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301 ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.510 INSPECTION OF RECORDS
Section 1301.510 Inspection
of Records
a) The Agency may make available records for personal inspection
at the Agency's Chicago central office located at 115 South LaSalle Street,
Chicago, Illinois, or at another location agreed to by both the Agency and the
requester. No original record shall be removed from State-controlled premises
except under constant supervision of the Agency responsible for maintaining the
record. The Agency may provide records in duplicate forms, including, but not
limited to, paper copies, data processing printouts, videotape, microfilm,
audio tape, reel to reel microfilm, photographs, computer disks and diazo.
b) When
a person requests a copy of a record maintained in an electronic format, the
Agency will furnish it in the electronic format specified by the requester, if
feasible. If it is not feasible to furnish the records in the specified
electronic format, then the Agency will furnish it in the format in which it is
maintained by the Agency, or in paper format at the option of the requester. (Section
6(a) of FOIA)
c) A requester may inspect records by appointment only, scheduled
subject to space availability. The Agency will schedule inspection
appointments to take place during normal business hours, which are 8:30 a.m. to
5:00 p.m. Monday through Friday, exclusive of State holidays. If the requester
must cancel the viewing appointment, the requester shall so inform the Agency
as soon as possible before the appointment.
d) In order to maintain routine Agency operations, the requester
may be asked to leave the inspection area for a specified period of time.
e) The requester will have access only to the designated
inspection area.
f) Requesters shall not be permitted to take briefcases, folders
or similar materials into the room where the inspection takes place. An Agency
employee may be present during the inspection.
g) The requester shall segregate and identify the documents to be
copied during the course of the inspection.
(Source: Amended at 49 Ill.
Reg. 11112, effective August 20, 2025)
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.511 COPYING OF RECORDS; FEES
Section 1301.511 Copying of Records;
Fees
a) In accordance with Section 1301.512, 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 cost for reproducing records or
for the use of the equipment of the Agency to reproduce records, the Agency
will not include the costs of any search for and review of the records or
other personnel costs associated with reproducing the records. (Section 6(b)
of FOIA)
c) In order to expedite the copying of records that the Agency
cannot copy, due to the volume of the request or the operational needs of the
Agency, in the timelines established in Section 1301.401, the requester may
provide, at the requester's expense, the copy machine, all necessary materials,
and the labor to copy the public records at the Agency headquarters in Chicago,
Illinois, or at another location agreed to by both the Agency and the requester.
No original record shall be removed from State-controlled premises except under
constant supervision of the agency responsible for maintaining the record.
d) Copies of records will be provided to the requester only upon
payment of any fees due. The Agency may charge the requester for the actual
cost of purchasing the recording medium, whether disc, diskette, tape, or other
medium, but the Agency will not charge the requester for the costs of any
search for and review of the records or other personnel costs associated with
reproducing the records. (Section 6(a) of FOIA) Payment must be by check
or money order sent to the Agency, payable to "Director of Employment
Security".
e) If a contractor is used to inspect or copy records, the
following procedures shall apply:
1) The requester, rather than the Agency must contract with the
contractor;
2) The requester is responsible for all fees charged by the
contractor;
3) The requester must notify the Agency of the contractor to be
used prior to the scheduled on-site inspection or copying;
4) Only Agency personnel may provide records to the contractor;
5) The Agency must have verification that the requester has paid
the Agency, if payment is due, for the copying of the records before providing
the records to the contractor; and
6) The
requester must provide to the Agency the contractor's written agreement to hold
the records secure and to copy the records only for the purpose stated by the
requester.
(Source: Added
at 35 Ill. Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.512 REDUCTION AND WAIVER OF FEES
Section 1301.512 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 consider the following:
1) Whether the principal purpose of the request is to
disseminate information regarding the health, safety, welfare or legal rights
of the general public; and
2) Whether the principal purpose of the request is personal or
commercial benefit. For purposes of this subsection (a), "commercial
benefit" shall not apply to requests made by news media when the principal
purpose of the request is to access and disseminate information regarding the
health, safety, welfare, or legal rights of the general public. (Section
6(c) of FOIA)
b) The Agency will provide copies of records without charge to
federal, State, and municipal agencies, Constitutional officers and members of
the General Assembly, and not-for-profit organizations providing evidence of
good standing with the Secretary of State’s Office.
c) Except
to the extent that the General Assembly expressly provides, statutory fees
applicable to copies of records when furnished in a paper format will not be
applicable to those records when furnished to a requester in an electronic
format. (Section 6(a) of FOIA)
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.520 COPIES OF PUBLIC RECORDS (REPEALED)
Section 1301.520 Copies of
Public Records (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.530 GENERAL MATERIALS AVAILABLE FROM THE OFFICE OF THE COMMISSIONER (REPEALED)
Section 1301.530 General
Materials Available from the Office of the Commissioner (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
Section 1301.APPENDIX A Fee Schedule for Duplication and Certification of Records
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301 ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 1301.APPENDIX A Fee Schedule for Duplication
and Certification of Records
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TYPE OF DUPLICATION
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FEE (PER COPY)
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Paper copy from original, up
to and including 50 copies of black and white, letter or legal sized copies
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No charge
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Paper copy from original, in
excess of 50 copies of black and white, letter or legal sized copies
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$.15/page
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Paper copy from microfilm
original
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$.15/page
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Microfilm diazo from original
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$.50/diazo
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VHS video copy of tape
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Actual cost of the
reproduction
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Audio tape copy of tape
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Actual cost of the
reproduction
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CD ROM disk
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Actual cost of the
reproduction
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Photograph from negative
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Actual cost of the
reproduction
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Blueprints/oversized prints
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Actual cost of the reproduction
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Paper copies in color or in a
size other than letter or legal
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Actual cost of the reproduction
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Certification fee
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$1.00/record
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NOTE: Expense for delivery
other than by First Class U.S. Mail must be borne by the requester.
(Source: Added at 35 Ill.
Reg. 6066, effective March 25, 2011)
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.ILLUSTRATION A REQUEST FOR PUBLIC RECORDS (REPEALED)
Section 1301.ILLUSTRATION A Request
for Public Records (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.ILLUSTRATION B DENIAL OF REQUEST FOR PUBLIC RECORDS (REPEALED)
Section 1301.ILLUSTRATION B Denial
of Request for Public Records (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.ILLUSTRATION C PARTIAL APPROVAL OF REQUEST FOR PUBLIC RECORDS (REPEALED)
Section 1301.ILLUSTRATION C Partial
Approval of Request for Public Records (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.ILLUSTRATION D DEFERRAL OF RESPONSE TO REQUEST FOR PUBLIC RECORDS (REPEALED)
Section 1301.ILLUSTRATION D Deferral
of Response to Request for Public Records (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXV: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1301
ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY
SECTION 1301.ILLUSTRATION E FOIA APPEAL - DIRECTOR'S RESPONSE (REPEALED)
Section 1301.ILLUSTRATION E FOIA
Appeal − Director's Response (Repealed)
(Source: Repealed at 35 Ill.
Reg. 6066, effective March 25, 2011)
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