TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.100 SUMMARY AND PURPOSE (REPEALED)
Section 2026.100 Summary and
Purpose (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.105 SUMMARY AND PURPOSE
Section 2026.105 Summary and Purpose
a) This
Part states the policy of the Workers' Compensation Commission (Commission) 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 Commission'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 Commission's
possession; and
3) Contains
the procedures for claiming and determining that records submitted to the Commission
are exempt from disclosure.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.110 DEFINITIONS (REPEALED)
Section 2026.110 Definitions
(Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.115 DEFINITIONS
Section 2026.115 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 Illinois Workers' Compensation Act [820 ILCS 305].
"Chairman"
means the Chairman of the Commission.
"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)
"Commission" means the
Workers' Compensation Commission as established by the Act and WODA.
"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 Commission. (Section 2(d) of FOIA)
"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, news service in
paper or electronic form, radio station, television station, television
network, 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)
"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 Commission. (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 Commission a written request, electronically or
on paper, for records.
"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)
"WODA" means the
Illinois Workers' Occupational Diseases Act [820 ILCS 310].
SUBPART B: CLASSIFICATION OF RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.200 PERSON TO WHOM REQUESTS ARE SUBMITTED (REPEALED)
Section 2026.200 Person to
Whom Requests Are Submitted (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.205 RECORDS THAT WILL BE DISCLOSED
Section 2026.205 Records that Will Be Disclosed
Upon request meeting the requirements of this Part, the Commission
shall disclose to the requester all records requested except that it shall not
disclose certain records as provided in Section 2026.215 or 2026.225. 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 Commission are records subject to inspection and copying by the
public. (Section 2.5 of FOIA)
b) Payrolls.
Certified payroll records submitted to the Commission 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 Commission prior to disclosure. (Section 2.10 of FOIA)
c) Settlement
and severance agreements. All settlement and severance agreements entered into
by or on behalf of the Commission are records subject to inspection and copying
by the public, provided that information exempt from disclosure under
Section 2026.215 or 2026.225 may be redacted. (Section 2.20 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.210 FORM AND CONTENT OF REQUESTS (REPEALED)
Section 2026.210 Form and
Content of Requests (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.215 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 2026.215 Records that Will Be Withheld from
Disclosure
a) For exemptions from
FOIA that are stated in FOIA, see Section 7(1) of the Act.
b) A
record that is not in the possession of the Commission but is in the possession
of a party with whom the Commission has contracted to perform a governmental
function on behalf of the Commission, and that directly relates to the
governmental function and is not otherwise exempt under FOIA, shall be
considered a record of the Commission for purposes of Subpart C. (Section
7(2) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.225 STATUTORY EXEMPTIONS
Section 2026.225 Statutory Exemptions
For exemptions from FOIA that are stated in other statutes,
see Section 7.5 of the Act.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.235 RECORDS MAINTAINED ONLINE
Section 2026.235 Records Maintained Online
a) Notwithstanding
any provision of FOIA to the contrary, the Commission is not required to copy a
public record that is published on the Commission's website. The Commission
shall notify the requestor that the public record is available online and
direct the requestor 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 on line, and the public body shall
make the requested record available for inspection or copying. (Section 8.5
of FOIA)
SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE COMMISSION
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.300 TIMELINE FOR COMMISSION RESPONSE (REPEALED)
Section 2026.300 Timeline
for Commission Response (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.305 SUBMITTAL OF REQUESTS FOR RECORDS
Section 2026.305 Submittal of Requests for Records
a) Any
request for public records should be submitted in writing to the FOI Officer of
the Commission.
b) The
Commission has one FOI Officer, located in the Chicago office.
c) Contact
information for each FOI Officer can be found online at www.
Illinois.gov/Pages/FOIAContacts.
d) FOIA
requests may be submitted via mail, e-mail, fax, or hand delivery. Requests
should be mailed or hand delivered to:
Workers' Compensation Commission
100 West Randolph Street, Suite
8-200
Chicago, Illinois 60601
Attn: FOI Officer
e) E-mailed
requests should be sent to wcc.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. Faxed FOIA requests should be faxed to 312/814-3520, Attn: FOI
Officer.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.310 TYPES OF COMMISSION RESPONSES (REPEALED)
Section 2026.310 Types of
Commission Responses (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.315 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 2026.315 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 Commission
considers unduly burdensome or categorical may be denied. (See Section 3(g) of
FOIA and Section 2026.415 of this Part.);
c) A
statement as to the requested medium and format for the Commission 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 Commission to use in providing the
records sought: for example, inspection at Commission 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.325 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 2026.325 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 Commission. (Section 3.1(c) of FOIA)
b) The
Commission 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 Commission to provide
the records requested and an estimate of the fees to be charged, which the Commission
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
2026.215 or 2026.225;
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 Commission 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)
SUBPART D: COMMISSION RESPONSE TO REQUESTS FOR RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.400 APPEAL OF A DENIAL (REPEALED)
Section 2026.400 Appeal of a
Denial (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.405 TIMELINE FOR COMMISSION RESPONSE
Section 2026.405 Timeline for Commission Response
a) Except
as stated in subsection (b) or (c), the Commission 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 Commission 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 Commission fails to respond to a request received, it will not
treat the request as unduly burdensome as provided under Section 2026.415.
(Section 3(d) of FOIA) A written request from the Commission 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 Commission within the time
limits prescribed by subsection (a) without unduly burdening or
interfering with the operations of the Commission; 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 Commission may agree in writing to extend the
time for compliance for a period to be determined by the parties. If the requester
and the Commission agree to extend the period for compliance, a failure by the Commission
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 Commission 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 Commission 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
Commission issues an extension and subsequently fails to respond to the
request, it will not treat the request as unduly burdensome under Section
2026.415. (Section 3(f) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.410 CHAIRMAN'S RESPONSE TO APPEAL (REPEALED)
Section 2026.410 Chairman's
Response to Appeal (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.415 REQUESTS FOR RECORDS THAT THE COMMISSION CONSIDERS UNDULY BURDENSOME
Section 2026.415 Requests for Records that the Commission
Considers Unduly Burdensome
a) The
Commission will fulfill requests calling for all records falling within a
category unless compliance with the request would unduly burden the Commission,
there is no way to narrow the request, and the burden on the Commission outweighs
the public interest in the information. Before invoking this exemption, the Commission
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
Commission determines that a request is unduly burdensome, 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 Commission. 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 XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.425 RECURRENT REQUESTERS
Section 2026.425 Recurrent Requesters
a) Notwithstanding
any provision of this Part to the contrary, the Commission will respond
to a request from a recurrent requester, as defined in Section 2026.115, within
21 business days after receipt. The response shall:
1) provide
to the requester an estimate of the time required by the Commission to
provide the records requested and an estimate of the fees to be charged, which
the Commission 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 Commission
will notify the requester that the Commission is treating the request as
a recurrent request, of the reasons why the Commission is treating the request
as a recurrent request, and that the Commission will send an initial response
within 21 business days after receipt in accordance with subsection (a). The Commission
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 Commission 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 XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.435 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 2026.435 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 Commission
will retrieve and provide electronic records only in a format and medium that
is available to the Commission.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.445 DENIALS OF REQUESTS FOR RECORDS
Section 2026.445 Denials of Requests for Records
a) The Commission will deny
requests for records when:
1) Compliance
with the request would unduly burden the Commission, as determined pursuant to
Section 2026.415, 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 2026.215 or 2026.225 of this Part.
b) The
denial of a request for records must be in writing.
1) The
notification shall include a description of the records denied; the reason
for the denial, including a detailed factual basis for the application of any
exemption claimed; and the names and titles or positions of each person
responsible for the denial (Section 9(a) of FOIA);
2) Each
notice of denial shall also inform 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 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 Commission'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 Commission has given written notice pursuant to Section 2026.405(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 Commission fails
to act within the time periods provided in Section 2026.405. (Section 9(c)
of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.455 REQUESTS FOR REVIEW OF DENIALS - PUBLIC ACCESS COUNSELOR
Section 2026.455 Requests for Review of Denials −
Public Access Counselor
a) A
person whose request to inspect or copy a record is denied by the Commission 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 Commission. (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 Commission 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 Commission
properly determined that the request was made for a commercial purpose.
(Section 9.5(b) of FOIA)
c) Within
7 business days after the Commission receives a request for review from the
Public Access Counselor, the Commission 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 Commission 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 Commission. (Section
9.5(d) of FOIA)
f) In
addition to the request for review, and the answer and response to the request,
if any, a requester or the Commission may furnish affidavits or records
concerning any matter germane to the review. (Section 9.5(e) of FOIA)
g) A
binding opinion from the Attorney General shall be binding upon both the
requester and the Commission, subject to administrative review under
Section 2026.475. (Section 9.5(f) of FOIA)
h) 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)
i) Upon
receipt of a binding opinion concluding that a violation of FOIA has occurred,
the Commission will either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative review under Section
2026.475. If the opinion concludes that no violation of FOIA has occurred,
the requester may initiate administrative review under Section 2026.475.
(Section 9.5(f) of FOIA)
j) If
the Commission discloses records in accordance with an opinion of the Attorney
General, the Commission is immune from all liabilities by reason thereof and
shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)
k) If
the requester files suit under Section 2026.465 with respect to the same
denial that is the subject of a pending request for review, the requester shall
notify the Public Access Counselor. (Section 9.5(g) of FOIA)
l) The
Attorney General may also issue advisory opinions to the Commission regarding
compliance with FOIA. A review may be initiated upon receipt of a written
request from the Chairman of the Commission or the Commission'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 Commission in order to assist in the review. If
the Commission relies in good faith on an advisory opinion of the Attorney
General in responding to a request, the Commission 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.465 CIRCUIT COURT REVIEW
Section 2026.465 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 XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.475 ADMINISTRATIVE REVIEW
Section 2026.475 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 Commission 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 REQUESTORS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.500 INSPECTION OF RECORDS AT COMMISSION OFFICES (REPEALED)
Section 2026.500 Inspection
of Records at Commission Offices (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.505 INSPECTION AND COPYING OF RECORDS
Section 2026.505 Inspection and Copying of Records
a) The Commission
may make available records for personal inspection at the Commission's headquarters
office located at 100 West Randolph Street, Chicago, or at another location
agreed to by both the Commission 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 Commission
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 Commission
shall 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 Commission shall furnish it in the format in which it is
maintained by the Commission, 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 Commission 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 Commission as soon as
possible before the appointment.
d) In
order to maintain routine Commission 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 Commission 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.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.510 COPIES OF PUBLIC RECORDS (REPEALED)
Section 2026.510 Copies of
Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.515 FEES FOR RECORDS
Section 2026.515 Fees for Records
a) In
accordance with Section 2026.525, unless a fee is otherwise fixed by statute,
the Commission 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 Commission to reproduce records, the Commission 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 Commission cannot copy, due
to the volume of the request or the operational needs of the Commission, in the
timelines established in Section 2026.405, 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 Commission headquarters in Section 2026.501,
or at another location agreed to by both the Commission 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 Commission may charge the requester for the actual cost of
purchasing the recording medium, whether disc, diskette, tape, or other medium,
but the Commission 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 Commission, payable to "Illinois Workers'
Compensation Commission".
e) If a
contractor is used to inspect or copy records, the following procedures shall
apply:
1) The
requester, rather than the Commission, must contract with the contractor;
2) The
requester is responsible for all fees charged by the contractor;
3) The
requester must notify the Commission of the contractor to be used prior to the
scheduled on-site inspection or copying;
4) Only Commission
personnel may provide records to the contractor;
5) The Commission
must have verification that the requester has paid the Commission, 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 Commission 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
Commission 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 Commission 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 Commission.
If the Commission 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)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.520 GENERAL MATERIALS AVAILABLE FROM THE FREEDOM OF INFORMATION OFFICER (REPEALED)
Section 2026.520 General
Materials available from the Freedom of Information Officer (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.525 REDUCTION AND WAIVER OF FEES
Section 2026.525 Reduction and Waiver of Fees
a) Fees
may be reduced or waived by the Commission 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 Commission 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 Commission will take into
consideration the amount of materials requested and the cost of copying them. (Section
6(c) of FOIA)
c) The Commission
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 2026.APPENDIX A Fee Schedule for Duplication and Certification of Records
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026 FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 2026.APPENDIX A Fee Schedule for Duplication
and Certification of Records
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TYPE OF DUPLICATION
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FEE (PER COPY)
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Paper copy from original, up to and including 50 copies of
black and white, letter or legal sized copies
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No charge
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Paper copy from original, in excess of 50 copies of black
and white, letter or legal sized copies
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$.15/page
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Paper copy from microfilm original
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$.15/page
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Microfilm diazo from original
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$.50/diazo
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VHS video copy of tape
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Actual cost of the reproduction
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Audio tape copy of tape
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Actual cost of the reproduction
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CD ROM disk
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Actual cost of the reproduction
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Photograph from negative
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Actual cost of the reproduction
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Blueprints/oversized prints
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Actual cost of the reproduction
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Paper copies in color or in a size other than letter or
legal
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Actual cost of the reproduction
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Certification fee
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$1.00/record
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NOTE: Expense for delivery other than by First Class U.S.
Mail must be borne by the requester.
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A Forms
Section 2026.ILLUSTRATION A Request
for Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A
Forms
Section 2026.ILLUSTRATION B
Approval of Request for Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A
Forms
Section 2026.ILLUSTRATION C
Denial of Request for Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A
Forms
Section 2026.ILLUSTRATION D
Partial Approval of Request for Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A
Forms
Section 2026.ILLUSTRATION E
Deferral of Response to Request for Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX A FORMS
Section 2026.APPENDIX A
Forms
Section 2026.ILLUSTRATION F
FOIA Appeal Chairman's Response (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
Section 2026.APPENDIX B Fee Schedule for Duplication of Public Records (Repealed)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXII: INDUSTRIAL COMMISSION
PART 2026
FREEDOM OF INFORMATION ACT
SECTION 2026.APPENDIX B FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS (REPEALED)
Section 2026.APPENDIX B Fee
Schedule for Duplication of Public Records (Repealed)
(Source:
Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)
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