TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.100 INTRODUCTION; DEFINITIONS
Section 2100.100 Introduction; Definitions
a) Summary
and Purpose
1) This
Part states the policy of the Law Enforcement Training and Standards Board
(Agency) for making its records available for reasonable public inspection
while, at the same time, protecting legitimate interests in confidentiality.
2) This
Part:
A) Establishes
the following classifications for records in the Agency's possession:
i) Records
that shall be disclosed; and
ii) Records
that shall be withheld from disclosure;
B) Contains
the procedures by which requesters may obtain records in the Agency's
possession; and
C) Contains
the procedures for claiming and determining that records submitted to the
Agency are exempt from disclosure.
b) 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
Police Training Act [50 ILCS 705].
"Agency" means the Law
Enforcement Training and Standards Board established by the Act.
"Commercial purpose"
means the use of any part of a record or records, or information derived from
records, in any form for sale, resale, or solicitation or advertisement for sales
or services. For purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be considered to be
made for a "commercial purpose" when the principal purpose of the
request is:
to access and disseminate
information concerning news and current or passing events;
for articles or opinion or
features of interest to the public; or
for the purpose of academic,
scientific, or public research or education. (Section 2(c-10) of FOIA)
"Copying" means the
reproduction of any record by means of any photographic, electronic,
mechanical, or other process, device or means now known or hereafter developed
and available to the Agency. (Section 2(d) of FOIA)
"Director" means the
Director of the Agency.
"FOIA" means the Freedom
of Information Act [5 ILCS 140].
"Freedom of Information
Officer" or "FOI Officer" means an individual or individuals
responsible for receiving and responding to requests for public records.
"News media" means a
newspaper or other periodical issued at regular intervals, 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 Agency. (Section 2(c) of FOIA)
"Recurrent requester"
means a person that, in the 12 months immediately preceding the request, has
submitted to the same public body a minimum of 50 requests for records, a
minimum of 15 requests for records within a 30-day period, or a minimum of 7
requests for records within a 7 day period. For the purposes of this
definition, requests made by news media and non-profit, scientific, or academic
organizations shall not be considered in calculating the number of requests
made in the time periods, in this definition when the principal purpose of the
requests is to access and disseminate information concerning news and current
or passing events, for articles of opinion or features of interest to the
public, or for the purpose of academic, scientific, or public research or
education. For the purposes of this definition, "request" means a
written document (or oral request, if the public body chooses to honor oral
requests) that is submitted to a public body via personal delivery, mail,
telefax, electronic mail, or other means available to the public body and that
identifies the particular public record the requester seeks. One request may
identify multiple records to be inspected or copied. (Section 2(g) of
FOIA)
"Requester" is any
person who has submitted to the Agency a written request, electronically or on
paper, for records.
"Unwarranted invasion of
personal privacy" means the disclosure of information that is highly
personal or objectionable to a reasonable person and in which the subject's
right to privacy outweighs any legitimate public interest in obtaining the
information. (Section 7(1)(c) of FOIA)
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.105 CLASSIFICATION OF RECORDS
Section 2100.105 Classification of Records
a) Records
that Will be Disclosed
Upon request meeting the
requirements of this Part, the Agency shall disclose to the requester all
records requested except that it shall not disclose certain records as provided
in Section 2100.105(b) or (c). Records covered under this Section shall
include, but are not limited to:
1) Records
of Funds. All records relating to the obligation, receipt and use of public
funds of the Agency are records subject to inspection and copying by the
public. (Section 2.5 of FOIA)
2) Payrolls.
Certified payroll records submitted to the Agency under Section 5(a)(2) of the
Prevailing Wage Act [820 ILCS 130] are records subject to inspection and
copying in accordance with the provisions of FOIA; except that contractors' and
employees' addresses, telephone numbers, and Social Security numbers will be
redacted by the Agency prior to disclosure. (Section 2.10 of FOIA)
3) Criminal
History Records. The following documents maintained by the Agency pertaining
to criminal history record information are records subject to inspection and
copying by the public pursuant to FOIA:
A) Court
records that are public;
B) Records
that are otherwise available under State or local law; and
C) 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)
4) Settlement
Agreements. All settlement agreements entered into by or on behalf of the
Agency are records subject to inspection and copying by the public, provided
that information exempt from disclosure under Section 2100.105(a) or (b) may
be redacted. (Section 2.20 of FOIA)
5) Records
Not in Agency Possession. A record that is not in the possession of the
Agency but is in the possession of a party with whom the Agency has contracted
to perform a governmental function on behalf of the Agency, and that directly
relates to the governmental function and is not otherwise exempt under FOIA,
shall be considered a record of the Agency for purposes of FOIA. (Section
7(2) of FOIA)
b) Records that Will be Withheld
from Disclosure
1) For
exemptions from FOIA that are stated in FOIA, see Section 7(1) of FOIA.
2) For
exemptions from FOIA that are stated in other statutes, see Section 7.5 of
FOIA.
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.110 PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY
Section 2100.110 Procedures for Requesting Records from
the Agency
a) Submittal of Requests
for Records
1) Any
request for public records should be submitted in writing to the FOI Officer at
the Agency.
2) The
Agency has one FOI Officers, located in the Springfield Office.
3) Contact
information for State FOI Officers can be found online at
www2.illinois.gov/Pages/FOIA-Contacts.aspx.
4) FOIA
requests may be submitted via mail, e-mail, fax, or hand delivery. Requests
should be mailed or hand delivered to:
Law Enforcement Training and
Standards Board
4500 South Sixth Street Road, Room
173
Springfield, Illinois 62703
Attn: FOI Officer
5) E-mailed
requests should be sent to ptb.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 217/524-5350,
Attn: FOI Officer.
b) Information
to be Provided in Requests for Records. A request for records should include:
1) The
complete name, mailing address and telephone number of the requester;
2) As
specific a description as possible of the records sought. Requests that the
Agency considers unduly burdensome or categorical may be denied. (See Section
3(g) of FOIA and Section 2100.115(b).);
3) A
statement as to the requested medium and format for the Agency to use in
providing the records sought: for example, paper, specific types of digital or
magnetic media, or videotape;
4) 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;
5) 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
6) A
statement as to whether the request is for a commercial purpose.
c) Requests for Records for
Commercial Purposes
1) It
is a violation of FOIA for a person to knowingly obtain a record for a
commercial purpose without disclosing that it is for a commercial purpose if
requested to do so by the Agency. (Section 3.1(c) of FOIA)
2) 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:
A) 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;
B) Deny
the request pursuant to one or more of the exemptions set out in Section
2100.105(b);
C) 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
D) Provide
the records requested. (Section 3.1(a) 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,
and giving priority to records requested for non-commercial purposes. (Section
3.1(b) of FOIA)
d) Records Maintained
Online
1) Notwithstanding
any provision of FOIA to the contrary, a public body is not required to copy a
public record that is published on the public body's website. The public body
shall notify the requester that the public record is available online and
direct the requester to the website where the record can be reasonably
accessed.
2) If
the person requesting the public record is unable to reasonably access the
record online after being directed to the website pursuant to subsection (a),
the requester may resubmit his or her request for the record stating his or her
inability to reasonably access the record online, and the public body shall
make the requested record available for inspection or copying as provided in
Section 3 of FOIA. (Section 8.5 of FOIA)
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.115 AGENCY RESPONSE TO REQUESTS FOR RECORDS
Section 2100.115 Agency Response to Requests for Records
a) Timeline for Agency
Response
1) Except
as stated in subsection (b) or (c), the Agency will respond to any written request
for records within 5 business days after its receipt of the request. Failure to
comply with a written request, extend the time for response, or deny a request
within 5 business days after its receipt shall be considered a denial of the
request. If the Agency fails to respond to a request within the requisite
periods in this subsection (a) but thereafter provides the requester
with copies of the requested records, it will not impose a fee for those
copies. If the Agency fails to respond to a request received, it will not
treat the request as unduly burdensome as provided under Section
2100.115(b). (Section 3(d) of FOIA) A written request from the Agency to
provide additional information shall be considered a response to the FOIA
request.
2) 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:
A) The
requested records are stored in whole or in part at locations other than the
office having charge of the requested records;
B) The
request requires the collection of a substantial number of specified records;
C) The
request is couched in categorical terms and requires an extensive search for
the records responsive to it;
D) The
requested records have not been located in the course of routine search and
additional efforts are being made to locate them;
E) 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;
F) 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
G) 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)
3) 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)
4) When
additional time is required for any of the reasons set forth in subsection
(b), the Agency will, within 5 business days after receipt of the request,
notify the person making the request of the reasons for the extension and the
date by which the response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of the request. If
the Agency fails to respond to a request within the time permitted for
extension but thereafter provides the requester with copies of the requested
public records, it may not impose a fee for those copies. If the Agency issues
an extension and subsequently fails to respond to the request, it will not
treat the request as unduly burdensome under Section 2100.115(b). (Section
3(f) of FOIA)
b) Requests for Records
that the Agency Considers Unduly Burdensome
1) The
Agency will fulfill requests calling for all records falling within a category
unless compliance with the request would unduly burden the Agency, there is no
way to narrow the request, and the burden on the Agency outweighs the public
interest in the information. Before invoking this exemption, the Agency will
extend to the requester an opportunity to confer with it in an attempt to
reduce the request to manageable proportions. (Section 3(g) of FOIA) The
amended request must be in writing.
2) If
the Agency 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 Agency. The
response shall be treated as a denial of the request for information. (Section
3(g) of FOIA)
3) Repeated
requests from the same person for records that are unchanged or identical to
records previously provided or properly denied under this Subpart A shall be
deemed unduly burdensome. (Section 3(g) of FOIA)
c) Recurrent Requesters
1) Notwithstanding
any provision of this Subpart to the contrary, the Agency will respond
to a request from a recurrent requester, as defined in Section 2100.100(b),
within 21 business days after receipt. The response shall:
A) 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;
B) deny
the request pursuant to one or more of the exemptions set out in Section
2100.105(b);
C) 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
D) provide
the records requested.
2) Within
5 business days after receiving a request from a recurrent requester, the
Agency will notify the requester that the Agency is treating the request as a
recurrent request, of the reasons why the Agency is treating the request as a
recurrent request, and that the Agency will send an initial response within 21
business days after receipt in accordance with subsection (a). The Agency will
also notify the requester of the proposed responses that can be asserted pursuant
to subsection (a).
3) Unless
the records are exempt from disclosure, the Agency will comply with a request
within a reasonable period considering the size and complexity of the request.
(Section 3.2 of FOIA)
d) Requests for Records
that Require Electronic Retrieval
1) 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.
2) The
Agency will retrieve and provide electronic records only in a format and medium
that is available to the Agency.
e) Denials of Requests for
Records
1) The
Agency will deny requests for records when:
A) Compliance
with the request would unduly burden the Agency, as determined pursuant to
Section 2100.115(b), and the requester has not reduced the request to
manageable proportions; or
B) The
records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or
Section 2100.105(b).
2) The
denial of a request for records must be in writing
A) 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);
B) 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
C) 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).
3) 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.
4) If
the Agency has given written notice pursuant to Section 2100.115(a), 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.
5) Any
person making a request for records shall be deemed to have exhausted his or
her administrative remedies with respect to that request if the Agency fails to
act within the time periods provided in Section 2100.115(a). (Section 9(c)
of FOIA)
f) Requests
for Review of Denials – Public Access Counselor
A person whose request to
inspect or copy a record is denied by the Agency may file a request for review,
under Section 9.5 of FOIA, 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. (Section 9.5(a) of FOIA)
g) 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.
h) Administrative Review
A binding opinion issued by the
Attorney General shall be considered a final decision of an administrative
agency, for purposes of administrative review under the Administrative Review
Law [735 ILCS 5/Art. III]. An action for administrative review of a binding
opinion of the Attorney General shall be commenced in Cook County or Sangamon
County. An advisory opinion issued to the Agency shall not be considered a
final decision of the Attorney General for purposes of this Section. (Section
11.5 of FOIA)
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.120 PROCEDURES FOR PROVIDING RECORDS TO REQUESTS
Section 2100.120 Procedures for Providing Records to
Requests
a) Inspection and Copying Records
1) The
Agency may make available records for personal inspection at the Agency's
headquarters office located at 4500 South Sixth Street Road, Room 173, Springfield,
Illinois, 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.
2) 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 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)
3) 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.
4) In
order to maintain routine Agency operations, the requester may be asked to
leave the inspection area for a specified period of time.
5) The requester will have
access only to the designated inspection area.
6) 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.
7) The
requester shall segregate and identify the documents to be copied during the
course of the inspection.
b) Fees for Records
1) In
accordance with Section 2100.120(c), 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.
2) In
calculating its actual cost for reproducing records or for the use of the equipment
of the Agency to reproduce records, the Agency will not include the costs of
any search for and review of the records or other personnel costs associated
with reproducing the records. (Section 6(b) of FOIA)
3) In
order to expedite the copying of records that the Agency cannot copy, due to
the volume of the request or the operational needs of the Agency, in the
timelines established in Section 2100.115(a), the requester may provide, at the
requester's expense, the copy machine, all necessary materials, and the labor
to copy the public records at the Agency headquarters in Section 2100.120(a),
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.
4) 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, but the
Agency will not charge the requester for the costs of any search for and review
of the records or other personnel costs associated with reproducing the
records. (Section 6(a) of FOIA) Payment must be by check or money order
sent to the Agency, payable to "Treasurer, State of Illinois".
5) If a
contractor is used to inspect or copy records, the following procedures shall
apply:
A) The
requester, rather than the Agency, must contract with the contractor;
B) The requester is
responsible for all fees charged by the contractor;
C) The
requester must notify the Agency of the contractor to be used prior to the
scheduled on-site inspection or copying;
D) Only Agency personnel
may provide records to the contractor;
F) 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
G) 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.
6) The
Agency may charge up to $10 for each hour spent by personnel in searching for
and retrieving a requested record. No fees shall be charged for the first 8
hours spent by personnel in searching for or retrieving a requested record.
The Agency may charge the actual cost of retrieving and transporting public
records from an off-site storage facility when the public records are maintained
by a third-party storage company under contract with the Agency. If the Agency
imposes a fee pursuant to this subsection (b), 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 (b) apply
only to commercial requests. (Section 6(f) of FOIA)
c) Reduction and Waiver of
Fees
1) Fees
may be reduced or waived by the Agency if the requester states the specific
purpose for the request and indicates that a waiver or reduction of the fee is
in the public interest. In making this determination, the Agency will
consider the following:
A) Whether
the principal purpose of the request is to disseminate information regarding
the health, safety, welfare or legal rights of the general public; and
B) Whether
the principal purpose of the request is personal or commercial benefit. For
purposes of this subsection (c)(1), "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)
2) In
setting the amount of the waiver or reduction, the Agency will take into
consideration the amount of materials requested and the cost of copying them. (Section
6(c) of FOIA)
3) 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.
4) 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)
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
SUBPART B: RULEMAKING
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.150 RULEMAKING PROCEDURES
Section 2100.150 Rulemaking Procedures
a) All
rulemaking proposals will be approved by the Board prior to being filed with
the Secretary of State's office and promulgated in accordance with the
requirements of the Illinois Administrative Procedure Act [5 ILCS 100] (the
IAPA).
b) Public
comment on proposed rulemakings will be accepted by the Board as required by
the IAPA.
c) Requests
for changes in Board rules can be submitted to the Board at its offices at the
address cited in Section 2100.205(c).
d) The
Board's substantive rules are generally housed at 20 Ill. Adm. Code: Chapter 5.
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
SUBPART C: ORGANIZATION
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.205 LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
Section 2100.205 Law Enforcement Training and Standards
Board
a) The
Board is created by Section 3 of the Illinois Police Training Act [50 ILCS 705]
(Act). It consists of 12 members appointed by the Governor and, as ex officio
members, the Attorney General, the Director of State Police, the Director of
the Department of Corrections, the Superintendent of the Chicago Police
Department, the Cook County Sheriff, and the Clerk of the Circuit Court of Cook
County.
b) Section
4 of the Act authorizes the Board to employ an Executive Director and other
necessary staff.
c) The
Board maintains offices at:
4500 S. 6th Street Road
Room 173
Springfield IL 62703
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.210 DUTIES OF BOARD
Section 2100.210 Duties of
Board
Besides those enumerated in the Illinois
Police Training Act, the duties of the Board are to:
a) institute procedures deemed necessary to effectively police
the training program and to ensure compliance by local governmental units with
all legislated requirements of the Act.
b) issue a certificate to individual recruit law enforcement
officers, county correctional officers, and court security officers when those officers
have successfully completed an approved basic training course. The Board will
award certificates to experienced officers who successfully complete any
approved advanced or specialized course of training.
c) receive and file, for the record, copies of local ordinances
or resolutions passed by local home rule governmental agencies that elect to
participate in a Board training program.
d) annually elect Chairman and Vice Chairman.
e) maintain, as trustees for the State of Illinois, all physical
properties and records received by the Board in accordance with the State
Property Control Act [30 ILCS 605] and the State Records Act [5 ILCS 160].
f) establish such committees, both permanent and temporary, as
may be necessary to more fully carry out the duties of the Board.
(Source: Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.220 MEETINGS
Section 2100.220 Meetings
a) All meetings of the Board will be held in accordance with the
Open Meetings Act [5 ILCS 120].
b) The Board shall meet at least four times each calendar year,
with the exact date and place to be designated by the Chairman.
c) Special meetings of the Board may be called at any time by the
Chairman or upon written request of any three members, filed with the Executive
Director.
d) Notice of any meeting shall be mailed by the Executive
Director to each Board member at least five days before the meeting. The notice
shall include a proposed agenda.
(Source: Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.230 ELECTION OF OFFICERS
Section 2100.230 Election of
Officers
a) The elective officers shall be a Chairman and a Vice Chairman.
b) Election of officers shall be the first order of business at a
meeting of the Board to be held in December of each even-numbered year.
c) On or before October 15 of each even-numbered year, the
Chairman shall appoint a Nominating Committee consisting of three members of
the Board whose membership on the Board does not expire before the election
date.
d) It shall be the duty of the Nominating Committee to nominate
one or more candidates for each of the elective offices.
e) Additional nominations may be made from the floor at the
election meeting of the Board.
f) An officer shall be elected for a term of 24 months, or until
his or her successor has been elected, and shall assume his duties immediately
upon being elected. Should a vacancy occur in either of the elective offices,
a special election shall be held for the purpose of filling the vacancy at the
next official meeting of the Board.
g) Officer elections shall be by a secret ballot unless there is
only one nomination for a particular office to be filled.
h) To be elected to office, a candidate must receive a majority
of the legal votes cast.
(Source: Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.240 DUTIES OF OFFICERS
Section 2100.240 Duties of
Officers
a) The Chairman shall:
1) fulfill the usual duties of such an officer;
2) call and preside at all regular or special meetings of the
Board and the Executive Committee;
3) appoint the Chairman and other members of any committees, both
permanent and temporary; and
4) sign all official documents on behalf of the Board.
b) The Vice Chairman shall:
1) fulfill the usual duties of such an officer; and
2) in the absence of the Chairman, call and preside at all
regular or special meetings of the Board and the Executive Committee.
c) The Board's staff shall fulfill the usual duties of a
Secretary, including the recording and preservation of accurate and complete
minutes of all regular and special meetings of the Board.
(Source: Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.250 THE EXECUTIVE COMMITTEE
Section 2100.250 The
Executive Committee
a) The Executive Committee shall be composed of the Chairman and
Vice Chairman, and three or more other members of the Board to be appointed by
the Chairman.
b) The Executive Committee shall work in close cooperation with
the Executive Director in furthering the objectives and purposes of the
Illinois Police Training Act.
c) In any matter that requires immediate action, the Executive
Committee shall be empowered to act with full authority in the matter.
d) At no time shall the Executive Committee take any action on
matters that will have the effect of changing overall policies of the Board.
e) The Executive Committee shall meet at least semiannually with
the Executive Director at a time and place to be designated by the Chairman of
the Board.
f) Accurate and complete minutes of all meetings of the Executive
Committee shall be kept and shall be promptly sent to each member of the Board.
(Source: Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.260 THE EXECUTIVE DIRECTOR
Section 2100.260 The
Executive Director
a) The Executive Director shall be a full-time administrative
officer of the Board and shall represent the Board in fulfilling the mission of
the Board. He or she shall serve at the pleasure of the Board, based on
satisfactory performance.
b) The Executive Director shall:
1) perform his or her duties under the direction of the Board and
its committees, and shall serve as Secretary to the various committees;
2) have supervisory responsibility over all personnel employed by
the Board;
3) have authority to:
A) evaluate any school applying for certification, along with its
subject matter, instructors, and physical facilities;
B) make reports and recommendations concerning certification to
the Board; and
C) within the policies adopted by the Board, temporarily approve
schools;
4) cooperate fully with any committees, both permanent and
temporary, and assist these committees in any way possible;
5) conduct programmatic activities assigned by the Board,
including the responsibility to:
A) encourage local home rule governmental units to participate in
the program;
B) aid in the establishment of adequate training schools;
C) develop and initiate training programs throughout the State
when deemed necessary;
D) make recommendations to the Board, through the Curriculum and
School Standards Committee, on the minimum basic training requirements a
recruit must satisfactorily complete to become eligible for regular employment
by a participating governmental unit;
E) make recommendations to the Board for the equitable
distribution of available funds to participating governmental units;
F) promote acceptance of the Board's minimum requirements for
basic police training throughout the State and encourage participation in
approved, advanced, in-service and specialized courses of training; and
G) inspect training schools from time to time to evaluate their
programs; and
6) manage the operations of the Board and its Office, including,
but not limited to:
A) preparation of agendas for Board meetings;
B) compilation of reports, including an annual report to the
Governor and the General Assembly;
C) maintenance of any necessary and appropriate files and records;
and
D) preparation of public information material.
c) Waivers
1) The Executive Director shall have the authority to grant a
waiver of the Basic Training Course requirement when appropriate.
A) Request for a waiver shall be submitted in writing by the chief
administrator of the requesting agency, addressed to the Executive Director.
B) The request shall include:
i) the officer's name and date of birth;
ii) dates of past law enforcement experience;
iii) date of present employment; and
iv) dates, places and types of any training, along with copies of
any diplomas or certificates received.
2) After the application is evaluated, the requesting agency
shall be notified by the Executive Director as to whether the waiver is
approved or disapproved.
(Source:
Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.270 COMMITTEES
Section 2100.270 Committees
a) Curriculum and School Standards Committee
1) A Curriculum and School Standards Committee consisting of a
chairman and five or more other members of the Board shall be appointed by the
Chairman of the Board. Board members of this committee shall have the option
and authority to appoint a designee who shall have voting privileges in any
instance in which the Board member is unable to attend a particular meeting of
this Committee.
2) This committee shall serve in an advisory capacity to the
Executive Director and the Board in all matters concerned with curriculum,
school standards and instructors.
3) The committee shall meet at the call of its Chairman, but no
less than once each six months of the calendar year.
4) Accurate and complete minutes of all meetings of the Committee
shall be kept and shall be promptly sent to each member of the Board.
b) Finance and Legislative Committee
1) A Finance and Legislative Committee consisting of a Chairman
and four or more other members of the Board shall be appointed by the Chairman
of the Board.
2) This Committee shall serve in an advisory capacity to the
Executive Director and the Board in all matters having to do with the budget,
finance and legislative matters affecting the operations of this Board and the
Act.
3) The Committee shall meet on call of its Chairman, but no less
than once each six months of the calendar year.
4) Accurate and complete minutes of all meetings of the Committee
shall be kept and shall be promptly sent to each member of the Board.
(Source:
Amended at 43 Ill. Reg. 14660, effective December 3, 2019)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.280 PARLIAMENTARY AUTHORITY
Section 2100.280 Parliamentary Authority
The rules contained in "Robert's Rules of Order
Revised" shall govern the Board in all cases to which they are applicable
and in which they are not inconsistent with this Part, the Act, or other State statutes.
(Source: Amended at 43 Ill. Reg. 14660,
effective December 3, 2019)
Section 2100.APPENDIX A Fee Schedule for Duplication and Certification of Records
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXV: LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 2100
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 2100.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 2100.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.
(Source: Added at 43 Ill. Reg. 14660,
effective December 3, 2019)
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