Section 2026.100  Summary and Purpose (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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.

 

Section 2026.110  Definitions (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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].

 

Section 2026.200  Person to Whom Requests Are Submitted (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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)

 

Section 2026.210  Form and Content of Requests (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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)

 

Section 2026.225  Statutory Exemptions

 

For exemptions from FOIA that are stated in other statutes, see Section 7.5 of the Act.

 

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)

 

Section 2026.300  Timeline for Commission Response (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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.

 

Section 2026.310  Types of Commission Responses (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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.

 

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)

 

Section 2026.400  Appeal of a Denial (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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)

 

Section 2026.410  Chairman's Response to Appeal (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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)

 

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)

 

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.

 

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)

 

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)

 

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. 

 

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)

 

Section 2026.500  Inspection of Records at Commission Offices (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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. 

 

Section 2026.510  Copies of Public Records (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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)

 

Section 2026.520  General Materials available from the Freedom of Information Officer (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)

 

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

 

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, in excess of 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.

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

(Source:  Repealed at 40 Ill. Reg. 15676, effective November 9, 2016)