TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.100 SUMMARY AND PURPOSE
Section 1531.100 Summary and Purpose
a) This
Part states the policy of the Department of Innovation and Technology (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 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.
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.105 DEFINITIONS
Section 1531.105 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 Innovation and Technology Act [20 ILCS 1370].
"Agency" means
Department of Innovation and Technology as established by the Act.
"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 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 or 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 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)
"Secretary"
means the Secretary 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 person or corporation engaged in making news reels or
other motion picture news for public showing. (Section 2(f) of FOIA)
"Person" means any
individual, corporation, partnership, firm, organization or association, acting
individually or as a group. (Section 2(b) 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)
"Recurrent requester"
means a person that, in the 12 months immediately preceding the request, has
submitted to the same public body a minimum of 50 requests for records, a
minimum of 15 requests for records within a 30-day period, or a minimum of 7
requests for records within a 7 day period. For the purposes of this
definition, requests made by news media and non-profit, scientific, or academic
organizations shall not be considered in calculating the number of requests
made in the time periods, in this definition when the principal purpose of the
requests 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. For the purposes of this definition, "request" means a
written document (or oral request, if the public body chooses to honor oral
requests) that is submitted to a public body via personal delivery, mail,
telefax, electronic mail, or other means available to the public body and that
identifies the particular public record the requester seeks. One request may
identify multiple records to be inspected or copied. (Section 2(g) of
FOIA)
"Requester" is any
person who has submitted to the Agency a written request, electronically or on
paper, for records in accordance with this Part.
"Unwarranted invasion of personal
privacy" means the disclosure of information that is highly personal or
objectionable to a reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in obtaining the information.
(Section 7(1)(c) of FOIA)
(Source: Amended at 49 Ill. Reg. 14963,
effective November 6, 2025)
|
SUBPART B: CLASSIFICATION OF RECORDS
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.200 RECORDS THAT WILL BE DISCLOSED
Section 1531.200 Records that Will Be Disclosed
Upon request meeting the requirements of this Part, the
Agency will disclose to the requester all records requested except that it
shall not disclose certain records as provided in Section 1531.205 or
1531.210. Records covered under this Section shall include, but are not
limited to:
a) Records
of funds. All records relating to the obligation, receipt and use of public
funds of the Agency are 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 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 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 Section 7(1)(d)(vi) of FOIA. (Section 2.15(b) of FOIA)
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
1531.205 or 1531.210 may be redacted. (Section 2.20 of FOIA)
(Source:
Amended at 49 Ill. Reg. 14963, effective November 6, 2025)
|
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.205 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 1531.205 Records that Will Be Withheld from
Disclosure
a) For
exemptions from FOIA that are stated in FOIA, see Section 7(1) of FOIA. If it
is not unduly burdensome 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(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 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)
(Source:
Amended at 49 Ill. Reg. 14963, effective November 6, 2025)
|
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.210 STATUTORY EXEMPTIONS
Section 1531.210 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
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.300 SUBMITTAL OF REQUESTS FOR RECORDS
Section 1531.300 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 Springfield.
c) Contact
information for the FOI Officer can be found online at https://doit.illinois.gov/about/foia.html.
d) FOIA
requests may be submitted via mail, e-mail, fax, or hand delivery. Requests can
be submitted on the website listed in subsection (c) or may be mailed or hand
delivered to:
Department of Innovation and
Technology
120 West Jefferson Street
Springfield, Illinois 62702
Attn: FOIA Officer
e) E-mailed
requests should be sent to DoIT.FOIA@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.
f) The
request must describe the public record or records being sought, being as
specific as possible. If the description is not sufficiently clear to allow
easy identification of the records sought, the request may be asked to supply
additional necessary information.
g) Faxed
FOIA requests should be faxed to (217)785-0361, Attn: FOI Officer.
(Source: Amended
at 49 Ill. Reg. 14963, effective November 6, 2025)
|
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.305 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 1531.305 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 unduly burdensome or categorical may be denied. (See Section
3(g) of FOIA and Section 1531.405 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; and
f) A
statement as to whether the request is for a commercial purpose.
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.310 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 1531.310 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
Agency will 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 1531.205 or 1531.210;
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 will 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 49 Ill. Reg. 14963, effective November 6, 2025)
|
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.315 RECORDS MAINTAINED ONLINE
Section 1531.315 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 online and
direct the requester to the website where the record can be reasonably
accessed.
b) If
the person requesting the public record is unable to reasonably access the
record online after being directed to the website pursuant to subsection (a),
the requester may resubmit his or her request for the record stating his or her
inability to reasonably access the record online, and the public body shall
make the requested record available for inspection or copying as provided in
Section 3 of FOIA. (Section 8.5 of FOIA)
SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.400 TIMELINE FOR AGENCY RESPONSE
Section 1531.400 Timeline for Agency Response
a) Except
as stated in Section 1531.310 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. Failure to comply with a written request, extend the time for
response, or deny a request within 5 business 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 those copies. If the Agency fails to respond to a
request received, it will not treat the request as unduly burdensome as
provided under Section 1531.405. (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
than 5 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 1531.405. (Section
3(f) of FOIA)
(Source:
Amended at 49 Ill. Reg. 14963, effective November 6, 2025)
|
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.405 REQUESTS FOR RECORDS THAT THE AGENCY CONSIDERS UNDULY BURDENSOME
Section 1531.405 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 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 determines that a request is unduly burdensome, it will 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. The
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 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.410 RECURRENT REQUESTERS
Section 1531.410 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 1531.105, within
21 business 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 this Part;
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.
b) Within
5 business days after receiving a request from a recurrent requester, the
Agency will notify the requester that the Agency is
treating the request as a recurrent request, of the reasons why the Agency is treating
the request as a recurrent request, and that the Agency will send an
initial response within 21 business days after receipt in accordance with
subsection (a). The Agency will also notify the requester of the proposed
responses that can be asserted pursuant to subsection (a).
c) Unless
the records are exempt from disclosure, the Agency will comply with a request
within a reasonable period considering the size and complexity of the request.
(Section 3.2 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.415 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 1531.415 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 retrieve and provide electronic records only in a format and medium
that is available to the Agency.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.420 DENIALS OF REQUESTS FOR RECORDS
Section 1531.420 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 1531.405, 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 1531.205 or 1531.210 of this Part.
b) The
denial of a request for records will be in writing.
1) The
notification will 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 will also inform the 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 records is denied on the grounds that the records are exempt
under Section 7 or 7.5 of FOIA, the notice of denial will 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 1531.400(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 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 1531.400. (Section 9(c) of
FOIA)
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.425 REQUESTS FOR REVIEW OF DENIALS - PUBLIC ACCESS COUNSELOR
Section 1531.425 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 60 days after the date of the
final denial. The request for review shall be in writing, be signed by the
requester, and include a copy of the request for access to records and any
response from the Agency. (Section 9.5(a) of FOIA)
b) A
person whose request to inspect or copy a record is made for a commercial
purpose may not file a request for review with the Public Access Counselor. A
person whose request to inspect or copy a record was treated by the Agency as a
request for a commercial purpose 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.
(Section 9.5(b) of FOIA)
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 determining
whether the Agency properly determined that the request was a voluminous
request. (Section 9.5(b) of FOIA)
d) Within
7 business days after the Agency receives a request for review from the Public
Access Counselor, the Agency will provide copies of records requested and shall
otherwise fully cooperate with the Public Access Counselor. Records or
documents obtained by the Public Access Counselor from the Agency may
not be disclosed to the public, including the requestor, by 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 to the request,
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
1531.435. (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 will either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative review under Section
1531.435. If the opinion concludes that no violation of FOIA has occurred,
the requester may initiate administrative review under Section 1531.435. (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 1531.430 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 Secretary 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 49 Ill. Reg. 14963, effective November 6, 2025)
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.430 CIRCUIT COURT REVIEW
Section 1531.430 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.435 ADMINISTRATIVE REVIEW
Section 1531.435 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 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)
SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.500 INSPECTION AND COPYING OF RECORDS
Section 1531.500 Inspection and Copying of Records
a) The
Agency may make available records for personal inspection at the Agency's
headquarters office located at 120 West Jefferson, Springfield 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, read-only digital format, videotape,
microfilm, audio tape, reel to reel microfilm, photographs, and computer disks.
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 8:00 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. 14963, effective November 6, 2025)
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531
ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.505 FEES FOR RECORDS
Section 1531.505 Fees for Records
a) In
accordance with Section 1531.510, 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 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 1531.400, 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 Section 1531.500, 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, 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 "Treasurer,
State of Illinois".
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.
f) The
Agency may charge up to $10 for each hour spent by personnel in searching for
and retrieving a requested record. No fees shall be charged for the first 8
hours spent by personnel in searching for or retrieving a requested record.
The Agency may charge the actual cost of retrieving and transporting public
records from an off-site storage facility when the public records are
maintained by a third-party storage company under contract with the Agency. If
the Agency imposes a fee pursuant to this subsection (f), it must provide the
requester with an accounting of all fees, costs, and personnel hours in
connection with the request for public records. The provisions of this
subsection (f) apply only to commercial requests. (Section 6(f) of FOIA)
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.510 REDUCTION AND WAIVER OF FEES
Section 1531.510 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
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) In
setting the amount of the waiver or reduction, the Agency will take into
consideration the amount of materials requested and the cost of copying them. (Section
6(c) of FOIA)
c) 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.
d) 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)
|
Section 1531.APPENDIX A Fee Schedule for Duplication and Certification of Records
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER III: DEPARTMENT OF INNOVATION AND TECHNOLOGY
PART 1531 ACCESS TO RECORDS OF THE DEPARTMENT OF INNOVATION AND TECHNOLOGY
SECTION 1531.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 1531.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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Videotape from original
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Actual cost of the reproduction
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Audio tape from original
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Actual cost of the reproduction
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Computer disk from original
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Actual cost of the reproduction
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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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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: Amended at 49 Ill. Reg. 14963,
effective November 6, 2025)
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