ADMINISTRATIVE CODE

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XVIII: HEALTH FACILITIES AND SERVICES REVIEW BOARD
PART 1925 PUBLIC INFORMATION ACCESS, RULEMAKING AND ORGANIZATION OF THE HEALTH FACILITIES AND SERVICES REVIEW BOARD

SUBPART A: INTRODUCTION

Section 1925.100 Summary and Purpose

Section 1925.110 Definitions

Section 1925.120 Records and Reports

SUBPART B: CLASSIFICATION OF RECORDS

Section 1925.200 Records that Will Be Disclosed

Section 1925.210 Records that Shall Be Exempt from Disclosure

Section 1925.220 Statutory Exemptions

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

Section 1925.300 Submittal of Requests for Records

Section 1925.310 Information to be Provided in Requests for Records

Section 1925.320 Requests for Records for Commercial Purposes

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

Section 1925.400 Timeline for Agency Response

Section 1925.410 Requests for Records that the Agency Considers Unduly Burdensome

Section 1925.420 Recurrent Requesters

Section 1925.430 Requests for Records that Require Electronic Retrieval

Section 1925.440 Denials of Requests for Records

Section 1925.450 Requests for Review of Denials - Public Access Counselor

Section 1925.460 Circuit Court Review

Section 1925.470 Administrative Review

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

Section 1925.500 Inspection of Records

Section 1925.510 Copying of Records; Fees

Section 1925.520 Reduction and Waiver of Fees

SUBPART F: RULEMAKING

Section 1925.600 Rulemaking

Section 1925.610 Request for Adoption of Rules

Section 1925.620 Public Comment – Hearings

Section 1925.630 Administrative Rules

SUBPART G: ORGANIZATION

Section 1925.700 Name, Statutory Authority and Composition

Section 1925.710 Membership, Officers and Committees

Section 1925.720 Meetings

Section 1925.730 Quorum

Section 1925.740 Conflict of Interest

Section 1925.750 Compliance with Illinois Ethics Laws

Section 1925.760 Travel Expenses

Section 1925.770 Rules of Order

Section 1925.780 Ex Parte and Extra-Record Communication

Section 1925.APPENDIX A Fee Schedule for Duplication and Certification of Records

Section 1925.APPENDIX B Rulemaking Chart

SUBPART A: INTRODUCTION

ADMINISTRATIVE CODE

Section 1925.100 Summary and Purpose

a) Consistent with the Freedom of Information Act ("FOIA") [5 ILCS 140], as amended from time to time, this Part states the policy of the Health Facilities and Services Review Board ("HFSRB") for making its public records available for reasonable public inspection or copying while, at the same time, balancing legitimate interests in privacy. Nothing in this Part is intended to contradict or supersede the statutory requirements set forth in FOIA.

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 exempt 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 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.110 Definitions

Terms not defined in this Section shall have the same meaning as in FOIA, as amended from time to time. The following definitions are applicable for purposes of this Part:

"Act" means the Illinois Health Facilities Planning Act [20 ILCS 3960].

"Administrator" means the chief administrative officer of HFSRB, responsible to the HFSRB chairman, and, through the chairman, responsible to HFSRB for the execution of its policies and procedures.

"Agency", "HFSRB", "State Board" or "Board" means the Health Facilities and Services Review Board (Section 3 of the Act).

"Business day" or "working day" means Monday through Friday. It does not include a federal or State government declared holiday, Saturday, or Sunday.

"Calendar day" or "day" means all days in a month or prescribed time frame. It includes weekends and federal or State government declared holidays.

"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)

"Department" means the Illinois Department of Public Health. (Section 3 of the Act)

"Director" means the Director of the Illinois Department of Public Health. (Section 3 of the Act)

"FOIA" means the Freedom of Information Act [5 ILCS 140].

"Freedom of Information Officer" or "FOIA Officer" means an individual or individuals responsible for receiving and responding to requests for public records in the possession of the Agency.

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

"News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service in print or electronic format, 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)

"OMA" means the Open Meetings Act [5 ILCS 120].

"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. For a public body that is a HIPPA-covered entity, "private information" includes electronic medical records and all information, including demographic information, contained within or extracted from an electronic medical records system operated or maintained by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations (45 CFR Parts 160 and 164). As used in this subsection, "HIPPA-covered entity" has the meaning given to the term "covered entity" (45 CFR 160.103). (Section 2(c-5) of FOIA)

"Public Access Counselor" means an attorney in the Attorney General's office whose responsibility is to ensure compliance with FOIA and who is appointed to that office by the Attorney General under Section 7(b) 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]. For purposes of this Part, HFSRB is a public body as defined in FOIA, as amended from time to time. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act. (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", as used in Section 3.2 of FOIA, means a person that, in the 12 months immediately preceding the request, has submitted to the Agency, 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 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 Agency chooses to honor oral requests) that is submitted to the Agency via personal delivery, mail, telefax, electronic mail, or other means available to the Agency 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)

"Request", for purposes of the term "recurrent requester" as defined in Section 2(g) of FOIA, 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(h) of FOIA)

"Requester" is any person who has submitted a written request, electronically or on paper, for records to the Agency.

"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)

"Voluminous request" means a request that includes more than 5 individual requests for more than 5 different categories of records or a combination of individual requests that total requests for more than 5 different categories of records in a period of 20 business days; or requires the compilation of more than 500 letter or legal-sized pages of public records unless a single requested record exceeds 500 pages. "Single request record" may include, but is not limited to, one report, form, e-mail, letter, memorandum, book, map microfilm, tape, or recording. "Voluminous request" does not include a request made by news media and non-profit, scientific, or academic organizations if the principal purpose of the request is to access and disseminate information concerning news and current or passing events; for articles of opinion of features of interest to the public; or for the purpose of academic, scientific, or public research or education. For the term "voluminous request", as defined in Section 2(h) of FOIA, "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 or records the requester seeks. One request may identify multiple individual records to be inspected or copied.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.120 Records and Reports

a) The Administrator or the FOIA Officer shall be responsible for all records, reports and files of HFSRB and shall keep these materials at the official headquarters or at other designated locations when directed to do so by HFSRB.

b) The Administrator or the FOIA Officer shall, on behalf of HFSRB, make available for public inspection:

1) all rules adopted by HFSRB in the discharge of its functions;

2) all final orders, decisions and opinions of HFSRB, except any deemed confidential by State or federal statute; and

3) all information declared public by the Health Facilities Planning Act [20 ILCS 3960], the Freedom of Information Act [5 ILCS 140], the Open Meetings Act [5 ILCS 120] or the Illinois Administrative Procedure Act [5 ILCS 100].

c) Subject to exemptions set forth in Section 7 of FOIA, as amended from time to time, all files created or received in the execution of the responsibilities under the Act shall be open to reasonable public inspection and copying at the HFSRB offices.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART B: CLASSIFICATION OF RECORDS

ADMINISTRATIVE CODE

Section 1925.200 Records that Will Be Disclosed

Upon request, meeting the requirements of this Part and FOIA, as amended from time to time, the Agency shall disclose to the requester responsive records requested except that it shall not disclose certain exempt records as provided in Section 1925.210 or 1925.220. 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 State, units of local government, and school districts 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' employees' addresses, telephone numbers, and social security numbers will be redacted by the Agency prior to disclosure. (Section 2.10 of FOIA)

c) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in Section 3 of FOIA:

1) information that identifies the individual, including the name, age, address, and photograph, when and if available;

2) information detailing any charges relating to the arrest;

3) the time and location of the arrest;

4) the name of the investigating or arresting law enforcement agency; and

5) if the individual is incarcerated, the time and date that the individual was received into, discharged from, or transferred from the arresting agency's custody.

d) 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 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 public records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 7 of FOIA may be redacted. (Section 2.20 of FOIA)

e) The Agency is not required to copy a public record that is published on the Agency's website. The Agency shall notify the requester that the public record is available online and direct the requester to the website where the record can be reasonable accessed. If the person requesting the public record is unable to reasonably access the record online after being directed to the Agency's website pursuant to this subsection, the requester may re-submit their request for the record stating their inability to reasonably access the record online, and the Agency shall make the requested record available for inspection or copying as provided in Section 3 of FOIA. (Section 8.5 of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.210 Records that Shall Be Exempt from Disclosure

a) For a complete list of exemptions from FOIA, refer to Section 7(1) of FOIA, as amended from time to time.

b) A public 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 public record of the Agency for purposes of FOIA and Subpart C. (Section 7(2) of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.220 Statutory Exemptions

For exemptions from FOIA that are stated in other statutes, see Section 7.5 of FOIA, as amended from time to time.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

ADMINISTRATIVE CODE

Section 1925.300 Submittal of Requests for Records

a) Any request for public records shall be submitted to the FOIA Officer.

b) FOIA requests may be submitted via mail, electronic mail, fax or hand delivery.

c) Requests that are mailed or hand delivered shall be sent to:

Illinois Health Facilities and Services Review Board

525 W. Jefferson Street, 2^nd Floor

Springfield, IL 62761

Attn: FOIA Officer

d) Electronic mail requests should be sent to DPH.HFSRB@illinois.gov, contain the request in the body of the electronic mail, and indicate in the subject line of the electronic mail that it contains a FOIA request.

e) Faxed requests shall be faxed to (217) 785-4111, Attn: FOIA Officer.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.310 Information to be Provided in Requests for Records

A request for records should include:

a) The complete name, mailing address, electronic mail address, and telephone number of the requester;

b) As specific a description as possible of the records sought. Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extent to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions. If any public body responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described above are met, it 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 public body. Such a response shall be treated as a denial of the request for information. (Section 3(g) of FOIA and Section 1925.410);

c) A statement as to the preferred 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. The Agency will make a reasonable effort to provide responsive records in the preferred medium;

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.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.320 Requests for Records for Commercial Purposes

a) 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 FOIA (Section 3.1(a) of FOIA);

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)

b) 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)

c) It is a violation of this Part and FOIA for a person to knowingly obtain a public 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)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS

ADMINISTRATIVE CODE

Section 1925.400 Timeline for Agency Response

a) Except as stated in FOIA, as amended from time to time, the Agency will comply with or deny any written request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended as stated in subsection (b) and (c) of this section or FOIA, as amended from time to time . 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 public records, it may not impose a fee for such copies. If the Agency fails to respond to a request within the requisite periods in this Section, but thereafter provides the requester with copies of the requested public records, it may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome under Section 1925.410. (Section 3(d) of FOIA) The Agency can submit a written request to provide additional information about the FOIA request, including, but not limited to, requests to specify a time frame for the requested records or clarify the scope of records sought.

b) The time for response in subsection (a) may be extended by the Agency for not more than 5 business days from the original due date, or by any time allotted under FOIA, as amended from time to time, 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 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 2or 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 shall, 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 requests an extension and subsequently fails to respond to the request, it may not treat the request as unduly burdensome under Section 1925.410. (Section 3(f) of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.410 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 and 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 shall 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 operations, and the conditions described above are met, it 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 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.420 Recurrent Requesters

a) Notwithstanding any provision of this Part to the contrary, the Agency shall respond to a request from a recurrent requester, as defined in subsection (g) of Section 2 of FOIA, 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 and in FOIA;

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 3.2(a) of FOIA)

b) Within 5 business days after receiving a request from a recurrent requester as define in subsection (g) of Section 2 of FOIA, the Agency shall notify the requestor:

1) that the Agency is treating the request as a recurrent request under subsection (g) of Section 2 of FOIA;

2) of the reasons why the Agency is treating the request as a request under subsection (g) of Section 2 of FOIA; and

3) that the Agency will send an initial response within 21 business days after receipt in accordance with subsection (a) of Section 3.2 of FOIA. The Agency shall also notify the requester of the proposed responses that can be asserted pursuant to subsection (a) of Section 3.2 of FOIA. (Section 3.2(b) 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. (Section 3.2(c) of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XVIII: HEALTH FACILITIES AND SERVICES REVIEW BOARD
PART 1925 PUBLIC INFORMATION ACCESS, RULEMAKING AND ORGANIZATION
SECTION 1925.430 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL

Section 1925.430 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.

ADMINISTRATIVE CODE

Section 1925.440 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 1925.410 and FOIA, as amended from time to time, 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, as amended from time to time, or Section 1925.210 or 1925.220.

b) The denial of a request for records must be in writing.

1) The notification shall include a description of the records denied; the reasons 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. Each notice of denial shall inform each person of his or her right to judicial review. (Section 9(a) of FOIA);

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 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 1925.400(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 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 3 of FOIA and Section 1925.400. (Section 9(c) of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.450 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. The request for review must be in writing, signed by the requester, and include a copy of the request for access to records and any responses from the Agency. (Section 9.5(a) of FOIA)

b) Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted. If the Public Access Counselor determines that the alleged violation is unfounded they shall so advise the requester and the Agency, and no further action shall be undertaken. In all other cases, the Public Access Counselor shall forward a copy of the request for review to the Agency within 7 business days after receipt and shall specify the records or other documents that the Agency shall furnish to facilitate the review. (Section 9.5(c) of FOIA)

c) Within 7 business days after receipt of the request for review, the Agency shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)

d) 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)

e) 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)

f) 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)

g) The Attorney General shall examine the issues and the records, shall make findings of fact and conclusions of law, and shall issue to the requester and the Agency an opinion in response to the request for review within 60 days after its receipt. The opinion shall be binding upon both the requester and the Agency subject to administrative review under Section 11.5 of FOIA, as amended from time to time. (Section 9.5(f) of FOIA)

h) In responding to any request under this Section, the Attorney General may exercise his or her discretion and choose 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)

i) 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 1925.470. If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 1925.470. (Section 9.5(f) of FOIA)

j) 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, as amended from time to time. (Section 9.5(f) of FOIA)

k) If the requester files suit under Section 11 of FOIA or Section 1925.460 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 so notify the Agency. (Section 9.5(g) of FOIA)

l) 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 Administrator 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. 15977, effective December 2, 2025)

Section 1925.460 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.

ADMINISTRATIVE CODE

Section 1925.470 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 or Sangamon County. An advisory opinion issued to the Agency shall not be considered a final decision of the Attorney General for purposes of FOIA. (Section 11.5 of FOIA)

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

ADMINISTRATIVE CODE

Section 1925.500 Inspection of Records

a) The Agency may make available records for personal inspection at the Agency's headquarters located at 525 West Jefferson Street, 2^nd Floor, Springfield, Illinois 62761, 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 shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the Agency shall 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.

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 inspection.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.510 Copying of Records; Fees

a) In accordance with Section 1925.520, 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 shall not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in FOIA. (Section 6(b) of FOIA)

c) 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 along with reasonable costs of copying records onto such medium. If a request is not a request for a commercial purpose or a voluminous request, the Agency may 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 "Illinois Department of Public Health".

d) 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: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.520 Reduction and Waiver of Fees

a) Documents shall be furnished without charge or at a reduced change, as determined by the Agency, if the person requesting the documents 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) If the principal purpose of the request is to access and 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 public 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: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART F: RULEMAKING

ADMINISTRATIVE CODE

Section 1925.600 Rulemaking

a) The State Board shall oversee all activities involved in the preparation of rules. HFSRB staff shall be responsible for the submission of rules to the Secretary of State for publishing and to the Joint Committee on Administrative Rules for review, as well as for all contacts with those entities.

b) Responsibility for drafting the text of proposed rules shall rest with the State Board and HFSRB staff.

c) Consistent with applicable rules and procedures, all requests for the adoption, amendment, or repeal of rules are referred by the State Board to HFSRB staff .

d) Requests for the adoption, amendment or repeal of rules shall be processed as prescribed in Section 5-145 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-145] , as amended from time to time, for presentation to the State Board (see Section 1925.610). Requesters shall be notified of the disposition of their requests.

e) All proposed and adopted rulemaking of HFSRB shall be published in the Illinois Register in accordance with the requirements of the IAPA, as amended from time to time.

f) Rules adopted by HFSRB shall be in effect on the date the rules are filed with the Illinois Secretary of State's Office. The rules will then be available on HFSRB's website (https://hfsrb.illinois.gov/rules.html).

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.610 Request for Adoption of Rules

a) Pursuant to the requirements of Section 5-145 of the IAPA, as amended from time to time, any interested person may contact HFSRB requesting the promulgation, amendment or repeal of a rule.

b) The form of the request shall be typed and sent to the main HFSRB office (see Section 1925.300) via United States Postal Service, any recognized delivery service or electronic mail (dph.hfsrb.rules@illinois.gov). The request shall include the following information:

1) Name, title (if any), organization (if any), mailing address, electronic mail address and telephone number of the requester.

2) Nature of action sought, i.e., promulgation of a new rule, amendment of an existing rule, or repeal of a rule.

3) Proposed text or identification of the rule to be adopted, amended, or repealed.

4) Brief statement of the rationale for the requested action.

c) The Administrator will forward a copy of the request to the HFSRB Chairman who will assign the matter for consideration by the State Board.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.620 Public Comment – Hearings

a) Written comments shall be designated as the proper public response to proposed rules unless a hearing is requested by the public or if a hearing is determined appropriate by the State Board in consultation with HFSRB staff.

b) The State Board will be responsible for conducting all public hearings with regards to changes in rules. The hearing will be held during the first 45-day period following the publication of the proposed rules in the Illinois Register. A summary of the public hearing shall be prepared by HFSRB staff.

(Source: Added at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.630 Administrative Rules

The following HFSRB rules are available at https://ilga.gov/agencies/JCAR/AdminCode

a) 2 Illinois Administrative Code

Part 1925 Public Information Access, Rulemaking and Organization of the Health Facilities and Services Review Board.

b) 77 Illinois Administrative Code

Part 1100 Narrative and Planning Policies

Part 1110 Processing, Classification Policies and Review Criteria

Part 1120 Health Facilities and Services Financial and Economic Feasibility Review

Part 1125 Long-Term Care

Part 1126 Specialized Mental Health Rehabilitation Facilities

Part 1130 Health Facilities and Services Review Operational Rules

Part 1235 Health Care Worker Self-Referral

Part 1260 State Board Policy Statement Regarding Reserve Bed Capacity

Part 1270 Hospital Basic Services Preservation Code

(Source: Added at 49 Ill. Reg. 15977, effective December 2, 2025)

SUBPART G: ORGANIZATION

ADMINISTRATIVE CODE

Section 1925.700 Name, Statutory Authority and Composition

a) Name: The Health Facilities and Services Review Board.

b) Statutory Authority: The Illinois Health Facilities Planning Act [20 ILCS 3960].

c) Composition: The composition of the State Board shall be as prescribed in Section 4 of the Act.

ADMINISTRATIVE CODE

Section 1925.710 Membership, Officers and Committees

a) Membership

1) The State Board shall be appointed by the Governor, with the advice and consent of the Senate. Not more than 6 of the appointments shall be of the same political party at the time of the appointment. [20 ILCS 3960/4(c)]

2) The State Board shall consist of 11 voting members. [20 ILCS 3960/4(b)] Each appointed member shall hold office for a term of 3 years, provided that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term and the term of office of each successor shall commence on July 1 of the year in which his or her predecessor's term expires. The Governor may reappoint a member for additional terms, but no member shall serve more than 3 terms, subject to review and re-approval every 3 years. [20 ILCS 3960/4(d)]

3) Ex-Officio Members

The Secretary of Human Services, the Director of Healthcare and Family Services, and the Director of Public Health, or their designated representatives, shall serve as ex-officio, non-voting members of the State Board. [20 ILCS 3960(4)(c)]

b) Officers

The Governor shall designate one of the members to serve as the Chairman of the Board, who shall be a person with expertise in health care delivery system planning, finance or management of health care facilities that are regulated under the Act. The Chairman shall annually review Board member performance and shall report the attendance record of each Board member to the General Assembly. [20 ILCS 3960/4(f)]

c) Committees

The Chairman, acting for the State Board, will establish such standing and/or special committees as are deemed necessary. The Chairman shall specify the duties of committees and appoint the members.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.720 Meetings

a) The State Board will, in the scheduling and conduct of its meetings, conform to all requirements of OMA [5 ILCS 120], as amended from time to time.

b) As provided in OMA, all decisions of HFSRB shall be made at meetings open to the public.

c) HFSRB shall keep a complete and accurate record of all meetings, including the votes of individual members on all matters before it. Minutes of HFSRB meetings shall be taken in a manner consistent with the Act. Meeting transcripts taken or made by HFSRB may be obtained pursuant to the provisions of FOIA and OMA following approval of the minutes by HFSRB.

d) Meeting Schedule

1) Regular and special meetings shall be called by the Chairman through the Administrator.

2) The State Board shall meet at least every 45 days, or as often as the Chairman of the State Board deems necessary, or upon the request of a majority of the members. [20 ILCS 3960/4(h)]

3) HFSRB, through its Administrator, shall, at the beginning of each fiscal year, prepare and make available a schedule of all regular HFSRB meetings for the fiscal year, listing the dates, times and places of the meetings. If a change is made in regular meeting dates, at least 10-day notice of the change shall be given by publication in a newspaper of general circulation, with notice of the change posted at the principal HFSRB office (see Section 1925.300(b)) and shall be supplied to those media that have requested annual information.

4) Public notice of regular meetings shall be given by posting the notice on the HFSRB website (https://hfsrb.illinois.gov/announcements.html).

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.730 Quorum

The quorum requirements are as specified in Section 4(i) of the Act, as amended from time to time. A vacancy in the membership of the State Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the State Board as provided by this Act. [20 ILCS 3960/4(i)]

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.740 Conflict of Interest

a) Prior to appointment and in the course of service on, the Board, members of the Board shall disclose the employment or other financial interest of any other relative of the member, if known, in service or facilities subject to the Act. Members of the Board shall declare any conflict of interest that may exist with respect to the status of those relatives and recuse themselves from voting on any issue for which a conflict of interest is declared. No person shall be appointed or continue to serve as a member of the State Board who is, or whose spouse, parent, sibling, or child is, a member of the Board of Directors of, has a financial interest in, or has a business relationship with a health care facility. [20 ILCS 3960/4(b)]

b) A State Board member shall disqualify himself or herself from the consideration of any application for a permit or exemption in which the State Board member or the State Board member's spouse, parent, sibling, or child has an economic interest in the matter or is employed by, serves as a consultant for, or is a member of the governing board of the applicant or a party opposing the application. [20 ILCS 3960/4(j)]

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.750 Compliance with Illinois Ethics Laws

a) The Chairman, Board members and Board staff must comply with the Illinois Governmental Ethics Act. [5 ILCS 420] [20 ILCS 3960/4(k)]

b) The State Board is subject to the State Officials and Employees Ethics Act. [5 ILCS 430] [20 ILCS 3960/4.1(b)]

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.760 Travel Expenses

State Board members, while serving on business of the State Board, shall receive actual and necessary travel and subsistence expenses while serving away from their places of residence. [20 ILCS 3960/(4)(e)] Serving on the business of HFSRB includes, but shall not be limited to, attendance at regular, special or committee meetings or public hearings of HFSRB.

a) Eligibility

1) Voting HFSRB members shall be reimbursed through the Agency for travel and subsistence expenses incurred in the performance of their duties as provided by law and/or this Part.

2) Ex-officio members of HFSRB shall request reimbursement for travel and subsistence expenses from their respective agencies as being a form of their official duties.

b) Official Headquarters of Voting Members

To calculate travel expenses for State Board members, the member's place of residence is considered his or her headquarters location.

c) Official Travel Regulations

HFSRB is subject to the travel requirements for the State of Illinois, as published by the Department of Central Management Services and approved and promulgated by the Travel Control Board.

d) Reimbursement Procedures

All claims for reimbursement of travel and subsistence expenses shall be submitted on forms provided for that purpose. Submission of travel reimbursement forms may be made after each meeting of the State Board or may be held for submission at the conclusion of each month's individual activity. The Administrator shall be the recipient of the vouchers for administrative processing and approval.

e) Definition of Official Business Requiring Travel

For travel expense reimbursement, expenses incurred by HFSRB members shall be official business of the State and of HFSRB when the expenses are incurred as a participant in the following activities:

1) HFSRB regular, special and committee meetings called by the Chairman through the Administrator.

2) Participation in investigations, hearings, judicial and legislative proceedings, or the like, in connection with a permit or matters arising from the administration of the Act.

3) Participation in public hearings relative to HFSRB rules and/or health facilities standards, criteria or plans.

4) Participation in task forces, ad hoc committees, and other special units prescribed by the HFSRB Chairman.

5) Speaking before interested groups and organizations and meetings with interested persons and government officials, as a representative of HFSRB, for the purpose of:

A) describing the activities of the State Board, its procedures, and the laws governing its purpose, organization and operation; and

B) discussing issues related to health facilities planning.

6) Attendance, as a representative of HFSRB, at meetings conducted by agencies of the State and federal governments, and by national, state and local organizations having a direct interest in health facilities planning, except that attendance at meetings held outside the State shall have the prior approval of the Chairman of the Board, the Administrator, and the Department of Central Management Services.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.770 Rules of Order

HFSRB proceedings shall be conducted in a manner consistent with Roberts Rules of Order newly revised, as amended from time to time. HFSRB shall adopt variations or modifications to these procedures as deemed appropriate for the efficient conduct of business, provided that such variations do not conflict with law, regulations, or any HFSRB governing documents. In the event of procedural questions, Roberts Rules of Order newly revised shall serve as guidance for HFSRB's considerations.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.780 Ex Parte and Extra-Record Communication

a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis including, but not limited to rulemaking, the State Board, any State Board member, employee, or a hearing officer shall not engage in ex parte communication in connection with the substance of any formally filed application for a permit with any person or party or the representative of any party. This subsection (a) applies when the Board, member, employee, or hearing officer knows, or should know upon reasonable inquiry, that the application or exemption has been formally filed with the Board. Nothing in this Section shall prohibit staff members from providing technical assistance to applicants. Nothing in this Section shall prohibit staff from verifying or clarifying an applicant's information as it prepares the State Board Staff Report. Once an application for permit or exemption is filed and deemed complete, a written record of any communication between staff and an applicant shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file. [20 ILCS 3960/4.2(a)]

b) A State Board member or employee may communicate with other members or employees and any State Board member or hearing officer may have the aid and advice of one or more personal assistants. [20 ILCS 3960/4.2(b)]

c) An ex parte or extra-record communication received by the State Board, any State Board member, employee, or a hearing officer shall be made a part of the matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received. [20 ILCS 3960/4.2(c)]

d) The State Board member, employee or hearing officer who received or made the ex parte or extra-record communication shall submit those communications, responses and memoranda to the Administrator and the HFSRB Ethics Officer, who shall file those materials in the administrative record for the subject project in a separately identified section.

e) The ex parte or extra-record communication, together with all other documents enumerated in this Section, shall be available to the public in conformance with Section 3 of FOIA.

f) Any ex parte or extra-record communication shall not be considered by the State Board, any State Board member, or any HFSRB employee, nor form the basis for any decision, finding of fact or order.

g) "Ex Parte communication" or "extra-record communication" means a communication between a person who is not a State Board member or employee and a State Board member or employee that reflects on the substance of a pending or impending State Board proceeding and that takes place outside the record of the proceeding. Communications regarding matters of procedure and practice, such as the format of pleading, number of copies required, manner of service, and status of proceedings, are not considered ex parte or extra-record communications. Technical assistance with respect to an application, not intended to influence any decision on the application, may be provided by employees to the applicant. Any assistance shall be documented in writing by the applicant and employees within 10 business days after the assistance is provided. [20 ILCS 3960/4.2(d)]

h) Any communication, written or oral, received from a member of the public, news media, interested persons, legislators, or other persons regarding any matter, other than the status of an application, that is not authorized by the public comment process specified in 77 Ill. Adm. Code 1130 is ex parte or extra-record communication and is prohibited.

i) For purposes of this Section, "employee" means a person the State Board or the Agency employs on a full-time, part-time, contract, or intern basis. [20 ILCS 3960/4.2(e)]

j) The State Board, State Board member, or hearing examiner presiding over the proceeding, in the event of a violation of this Section, must take whatever action is necessary to ensure that the violation does not prejudice any party or adversely affect the fairness of the proceedings. [20 ILCS 3960/4.2(f)]

k) Nothing in this Section shall be construed to prevent the State Board or any member of the State Board from consulting with the attorney for the State Board. [20 ILCS 3960/4.2(g)]

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.APPENDIX A Fee Schedule for Duplication and Certification of Records

TYPE OF DUPLICATION		FEE (PER COPY)

Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies		No charge

Paper copy from original, more than 50 copies of black and white, letter or legal sized copies		$.15/page

Paper copy from microfilm original		$.15/page

Microfilm diazo from original		$.50/diazo

VHS video copy of tape		Actual cost of the reproduction

Audio tape copy of tape		Actual cost of the reproduction

CD ROM disk		Actual cost of the reproduction

Photograph from negative		Actual cost of the reproduction

Blueprints/oversized prints		Actual cost of the reproduction

Paper copies in color or in a size other than letter or legal		Actual cost of the reproduction

Certification fee		$1.00/record

NOTE: Expense for delivery other than by First Class U.S. Mail must be borne by the requester.

(Source: Amended at 49 Ill. Reg. 15977, effective December 2, 2025)

ADMINISTRATIVE CODE

Section 1925.APPENDIX B Rulemaking Chart

Petition	Sent to HFSRB	HFSRB Staff Draft Proposed Rules	Review by HFSRB Administrator
Petition	Sent to HFSRB	HFSRB Staff Draft Proposed Rules	Review by HFSRB Administrator

			Review by HFSRB Legal Counsel

			HFSRB Approves Draft

			First Notice Publication

			Hearing and/or Comment Review

			Second Notice with JCAR

			Adoption Filed

(Source: Added at 49 Ill. Reg. 15977, effective December 2, 2025)

AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140/3(h)], implementing the Illinois Health Facilities Planning Act [20 ILCS 3960] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 2 Ill. Reg. 187, effective July 26, 1978; amended at 3 Ill. Reg. 8, p. 57, effective February 18, 1979; amended at 4 Ill. Reg. 25, p. 187, effective June 11, 1979; amended at 3 Ill. Reg. 52, p. 118, effective January 1, 1980; amended at 5 Ill. Reg. 4995, effective April 22, 1981; amended at 6 Ill. Reg. 7221, effective June 9, 1982; amended at 6 Ill. Reg. 11484, effective September 9, 1982; amended at 7 Ill. Reg. 7316, effective May 31, 1983; amended at 8 Ill. Reg. 11518, effective June 27, 1984; codified at 8 Ill. Reg. 16340; amended at 9 Ill. Reg. 6276, effective April 24, 1985; amended at 11 Ill. Reg. 15649, effective September 14, 1987; amended at 24 Ill. Reg. 5671, effective March 14, 2000; amended at 24 Ill. Reg. 15060, effective September 26, 2000; amended at 25 Ill. Reg. 2718, effective January 22, 2001; old Part repealed at 38 Ill. Reg. 13899 and new Part adopted at 38 Ill. Reg. 13901, effective June 30, 2014; amended at 41 Ill. Reg. 6502, effective May 26, 2017; amended at 49 Ill. Reg. 15977, effective December 2, 2025.