ADMINISTRATIVE CODE

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XII: ILLINOIS VIOLENCE PREVENTION AUTHORITY
PART 1770 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION

SUBPART A: ORGANIZATION

Section 1770.100 Preamble

Section 1770.110 Co-Chairs

Section 1770.120 Members

Section 1770.130 Committees

Section 1770.140 Authority Staff

SUBPART B: PUBLIC INFORMATION REQUESTS

Section 1770.200 General Information Available From the Authority

Section 1770.210 Authority Records and Information

Section 1770.220 Address to Which Requests Should Be Directed

Section 1770.230 Information to Be Provided By the Requestor

Section 1770.240 Time Frame for Authority Response

Section 1770.250 Approval of the Request for Information

Section 1770.260 Denial of Request for Information

Section 1770.270 Reconsideration of Denials by the Executive Director

Section 1770.280 Inspection of Public Records at Authority Offices

SUBPART C: PROCEDURES

Section 1770.300 Administrative Rules

Section 1770.310 Rulemaking Procedures

SUBPART A: ORGANIZATION

TITLE 2: GOVERNMENT ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XII: ILLINOIS VIOLENCE PREVENTION AUTHORITY
PART 1770 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 1770.100 PREAMBLE

Section 1770.100 Preamble

a) The Illinois Violence Prevention Authority (hereinafter "Authority") shall have the duties and responsibilities set forth in the Violence Prevention Act of 1995, 20 ILCS 4027/10, (hereinafter "Act"), as amended from time to time.

b) The Authority shall have the power to allocate funds and make grants subject to annual appropriations and pursuant to the purposes specified in the Act, to determine policies and procedures related to the governance of Authority operations, and to enter into contracts and agreements pursuant to the purpose of the Authority

Section 1770.110 Co-Chairs

Pursuant to the Act, the Attorney General and the Director of the Department of Public Health shall serve as co-chairs of the Authority. The co-chairs, or their designees, shall jointly preside over all Authority meetings. Either co-chair may preside over any Authority meeting in the absence of the other co-chair. In the event that neither co-chair nor their designee is able to attend a meeting of the Authority, they shall appoint an Authority member to serve as chair pro temp.

Section 1770.120 Members

a) Directors shall serve as members during their respective terms as agency directors. In the event that a director designates a representative, the designee shall serve at the pleasure of the director designating him/her. Appointed members serve for three-year terms, without restriction on the number of terms they may serve.

b) As provided for by the Act, members who serve as Authority members by virtue of their office may appoint a designee to serve as an Authority member on their behalf. Public members of the Authority appointed by the Attorney General or the Director of the Department of Public Health may not appoint designees.

Section 1770.130 Committees

a) The Authority may create committees, which may be standing or ad hoc.

b) Committee chairs or co-chairs are appointed by and serve at the pleasure of the Authority co-chairs.

c) All committees created by the Authority report to the Authority and make recommendations to the Authority for recommended actions or policies unless otherwise authorized by the Authority to take action on certain matters as specified by the Authority. All recommendations and reports are to be submitted to the Authority in writing and be considered by the Authority at a scheduled meeting of the Authority.

Section 1770.140 Authority Staff

a) The Co-Chairs appoint the Executive Director, who is responsible for the performance of the administrative functions of the Authority. The Director is responsible for the recruitment, hiring, supervision, evaluation and termination of all Authority staff. Authority staff members are subject to the personnel policies and procedures set forth in the Personnel Policy and Procedures Manual of the Attorney General's Office, unless otherwise specified by the Authority.

b) In addition to the Executive Director, the Authority staff consists of the following positions:

Director of Grant Programs

Assistant Director of Grant Programs

Fiscal/Contracts Manager

IFVCC Program Director

IFVCC Program Coordinator

Program Developer

Office Manager

Administrative Assistant

SUBPART B: PUBLIC INFORMATION REQUESTS

Section 1770.200 General Information Available From the Authority

The Authority shall make available to any person the following general information:

a) A brief description of the Authority's organizational structure, its operating budget, location of its offices, approximate number of full and part-time employees, and identification and membership of boards, commissions, committees or councils that are advisory or to which the Authority must report [5 ILCS 140/4(a)].

b) A brief description of the procedure for requesting information and public records, including appeal procedures [5 ILCS 140/4(b].

c) A list of the types and categories of public records maintained by the Authority [5 ILCS 140/5].

d) Information printed by the Authority expressly for public dissemination, such as acts, requests for proposals, promotional information, annual reports, and news releases.

Section 1770.210 Authority Records and Information

a) Information and public records of the Authority are available to any requestor for inspection or copying, unless the public record or information is exempt from inspection or copying pursuant to Section 7 of the FOIA.

b) Categorical requests that impose an undue burden on the Authority shall be denied only after extending to the requestor an opportunity to narrow the request pursuant to Section 3(f) of the FOIA. The Authority shall consider when determining whether to grant a categorical request such factors as the manpower that will be needed to fulfill the request, the amount of time it will take to complete the request, the personnel available, other activities and priorities of the Authority, and whether the Authority has the capability to fulfill the request (e.g., copying microfiche).

Section 1770.220 Address to Which Requests Should Be Directed

The request for inspection or copies of public records shall be directed to the Authority. The request shall be in writing and sent to:

Illinois Violence Prevention Authority

100 W. Randolph, Room 6-600

Chicago, Illinois 60601

ATTN: Freedom of Information Request

Section 1770.230 Information to Be Provided By the Requestor

a) The request for inspection or copies of public records shall include the name, mailing address and telephone number of the requestor.

b) The request shall describe as specifically as possible what information is sought.

c) The request shall state whether the request is for inspection and/or copies of public records.

d) If the copies of the public records are to be certified by the Authority, the requestor must so state on the request.

Section 1770.240 Time Frame for Authority Response

a) The Authority shall comply with or deny a written request for inspection or copies of public records within seven (7) working days after receipt of such request, unless the requestor is notified of an extension of the time period [5 ILCS 140/3(c)].

b) The Authority may extend the time period for responding to a requestor. An extension of time to respond will not exceed seven (7) additional working days. Such an extension of time is allowable only if written notice is provided the requestor within the seven (7) original working day limit and only for the reasons provided in Section 3(d) of the FOIA. Such notice shall state the reasons why the delay is necessary and the date by which records will be available or denial will be forthcoming ([5 ILCS 140/9].

Section 1770.250 Approval of the Request for Information

When a request for inspection and/or copies of public records is approved, the Authority shall notify the requestor in writing or by telephone as to when the public records will be available for inspection or provide copies, as appropriate.

(Source: Amended at 32 Ill. Reg. 17450, effective October 23, 2008)

Section 1770.260 Denial of Request for Information

a) The Authority may deny requests for inspection or copies of public records in accordance with the provisions of Sections 1770.210.

b) The denial of the request shall be in writing, signed by the Executive Director of the Authority and sent by certified mail to the requestor. The notice of denial shall include:

1) Description of the information which is being denied.

2) Names and titles or positions of persons responsible for the denial [5 ILCS 140/9(a)].

3) Reason for the denial [5 ILCS 140/9(a)].

4) A statement advising the requestor of the right to appeal the denial to the Executive Director of the Authority in accordance with the procedures set forth in Section 1770.280.

Section 1770.270 Reconsideration of Denials by the Executive Director

a) A requestor whose request has been denied by the Authority may appeal the denial to a Co-Chair of the Authority. The notice of appeal shall be in writing and sent to:

Co-Chair

Illinois Violence Prevention Authority

100 W. Randolph, Room 6-600

Chicago, Illinois 60601

ATTN: FOIA Appeal

b) The notice of appeal shall state why the appeal should be granted. A copy of the original request for a copy and/or inspection of the public records and a copy of the Authority's denial letter shall accompany the notice of appeal.

c) Upon receipt of a complete notice of appeal, the Executive Director shall review the appeal request and respond by certified mail to the requestor within seven (7) working days. The Executive Director's response shall confirm the denial or state when the public records will be available for inspection or copying. The notice of denial of an appeal by the Executive Director shall inform the requestor of the right to judicial review under Section 11 of the FOIA [5 ILCS 140/9(a)].

Section 1770.280 Inspection of Public Records at Authority Offices

a) Public records shall be available for inspection at the Authority's Chicago office and only during the normal working hours of the Authority. The Executive Director shall set an appointed time for the inspection of the public records.

b) An Authority employee may be present during the inspection of public records.

c) Documents which the requestor wishes to have copies of shall be segregated during the course of the inspection. Photocopying shall be done by Authority employees.

SUBPART C: PROCEDURES

Section 1770.300 Administrative Rules

a) Initiation of new or amended rules or the repeal of existing rules will begin at the direction of the Executive Director or the Authority when required by statute, or when deemed necessary or desirable for the functioning of the Authority. All rulemaking must be approved by the Authority.

b) Members of the public and advisory organizations may petition for the adoption, amendment, or repeal of a rule by writing to the Executive Director, Illinois Violence Prevention Authority, 100 W. Randolph, Room 6-600, Chicago, Illinois 60601. The written statement should cite the specific rules to be amended or repealed or should state proposed language for a new rule. Reasons for the proposals shall also be included.

c) No later than 30 days after the Authority's receipt of the request, the individual submitting the request shall be informed in writing as to the Authority's determination regarding the proposal.

d) All rulemaking must be approved by the Authority.

e) All rulemaking activities will be conducted in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

(Source: Amended at 32 Ill. Reg. 17450, effective October 23, 2008)

Section 1770.310 Rulemaking Procedures

Proposed changes to the rules required under the Illinois Administrative Procedure Act (5 ILCS 100/5-15) may be adopted by the Authority at a duly constituted meeting and filed with the Secretary of State in accordance with the procedures outlined in the Illinois Administrative Procedure Act [5 ILCS 100/5-15].