Section 3300.100  Rulemaking Procedures

 

Rules governing the Illinois Deaf and Hard of Hearing Commission are proposed, adopted or repealed pursuant to the Illinois Administrative Procedure Act [5 ILCS 100].

 

Section 3300.200  Submission of Requests

 

a)         All requests for public information are to be in writing unless, because of a disability, the individual is unable to prepare a written request, oral requests will be accepted.  All  requests must be submitted to:

 

Freedom of Information Officer

Illinois Deaf and Hard of Hearing Commission

1630 South Sixth Street

Springfield IL 62703

 

b)         All requests shall include:

 

1)         The full name, address and phone number of the requesting individual;

 

2)         A specific description of the records sought;

 

3)         Whether the request is for copies of records, inspection of records, or both; and

 

4)         Whether the requestor wants copies of public records “certified”.  The Freedom of Information officer shall provide the appropriate FOI certification, when requested.

 

Section 3300.210  Timeliness for Commission Response

 

a)         The Commission shall respond to written request for public records within 7 working days after receipt of the request.

 

b)         In the event that the request for public records cannot be responded to within 7 working days for one of the reasons provided in Section 3(d) of the Freedom of Information Act, the Commission shall have an additional 7 working days in which to respond.  The Commission shall give the requestor notice of the extension of time to respond.  The notice of extension shall set forth the reasons why the extension is necessary.

 

Section 3300.220  Types of Commission Responses

 

a)         The Commission shall respond to a request in three ways:

 

1)         The request may be granted; in which case the material requested will be sent, written notice will be sent stating materials will be made available upon receipt of reproduction costs, or written notice will be sent indicating the time and place for inspection of the records.

 

2)         The request may be denied, in which case the requesting individual will be sent a letter stating the reason for the denial in accordance with either Section 3(f) or Section 7 of the Freedom of Information Act and the names and titles of those responsible for the decision to deny the request.  The denial shall also include information pertaining to the right to appeal the decision to the Director of the Illinois Deaf and Hard of Hearing Commission.

 

3)         The request may be approved in part and denied in part, in which case subsection (b)(1) and (2) will be followed, as appropriate.

 

c)         Any request that creates an undue burden on Illinois Deaf and Hard of Hearing Commission will be denied.  However, prior to denial, an attempt will be made to confer with the requesting individual to reduce the amount of information to a manageable level in accordance with Section 3(f) of the Freedom of Information Act.

 

d)         Failure of the Commission to respond to a written request within 7 working days may be considered by the requestor as a denial of the request and the requestor can appeal to the Director of the Illinois Deaf and Hard of Hearing Commission.

 

Section 3300.230  Appeal of Denied Request

 

a)         A requestor may appeal the denial of public records to the Director.  The appeal must be in writing and addressed to:

 

Director

Illinois Deaf and Hard of Hearing Commission

1630 South Sixth Street

Springfield, IL 62703

 

b)         The appeal must include a copy of the original request, a copy of the denial letter and a written statement setting forth the reasons why the appeal should be granted.

 

Section 3300.240  Director’s Response to Appeal

The Director shall respond, in writing, within 7 working days after receipt of an appeal. The Director may either:

 

a)         Provide access to the requested public records; or

 

b)         Uphold the denial and inform the requesting individual of the right to judicial review under the Freedom of Information Act. 

 

Section 3300.250  Fee for Copies of Public Records

a)         Charges for copies of public records shall be 20 cents per page except no fee will be charged for: 

 

1)         A request for fewer than 10 pages;

 

2)         A request from a State agency, State officer or member of the legislature; or

 

3)         A request for public records that is in the public interest.

 

b)         Copies of public records shall be provided to the requestor only upon payment of any charges that are due.

 

Section 3300.260  Inspection of Public Records at Commission Office

 

a)         Public records will be made available for requestor’s inspection at the Commission’s office in Springfield during normal working hours. 

 

b)         A space will be provided in which the requestor may inspect public records and an employee of the Commission may be present throughout the inspection.

 

c)         A requestor shall not be permitted to take a briefcase, folder or other similar materials or pens into the room in which the inspection will take place.

 

d)         A requestor will be permitted to take pencil and paper into the room while inspecting public records.

 

e)         Documents that the requestor wishes to have copied shall be segregated during the course of the inspection.  Commission employees will do all copying.

 

Section 3300.300  Commission Powers and Duties

 

a)         The Commission is the governing body and is responsible for the overall direction of the Commission;

 

b)         The Commission shall establish and maintain goals and priorities utilizing long and short range goals;

 

c)         The Commission shall develop public policy;

 

d)        The Commission shall identify and address the needs and concerns of deaf and hard of hearing people;

 

e)         The Commission shall promote the new development and/or improvement of services, programs and activities for deaf and hard of hearing people; and

 

f)         The Commissioners shall assess the performance of the Commission through continuous self-evaluation.

 

Section 3300.310  Commission Membership, Terms of Office and Vacancies

 

a)         The Illinois Deaf and Hard of Hearing Commission shall consist of 11 members, at least 6 of whom shall be deaf or hard of hearing, appointed by the Governor.

 

b)         The full terms of the members shall be for 3 years, with each member serving no more than 2 consecutive full terms.  A member shall serve for a term ending on November 14. 

 

c)         Vacancies are to be filled in the same manner as membership appointments.  Vacancy appointments occurring before the expiration of a term are for the remainder of the unexpired term.

 

Section 3300.320  Officers, Responsibilities, Removal and Vacancies

 

a)         The officers of the Commission shall consist of a chair and a vice-chair, elected by a simple majority vote of the total membership of the Commission.  At least one of the officers shall be deaf or hard of hearing.

 

b)         The chair and vice-chair shall serve for a term of one year or until the Commission elects new officers.

 

c)         The chair shall preside at all meetings of the Commission, shall be an ex-officio member of all Commission committees, and shall be the supervisor of the Director.

 

1)         The chair shall also:

 

A)        Set time and place of regular meetings of the Commission;

 

B)        Call special meetings of the Commission;

 

C)        Develop the agenda, with the Director’s assistance, for each Commission meeting;

 

D)        Address and respond to urgent needs at the discretion of the Commission;

 

E)        Orient new members;

 

F)         Encourage full participation of the members in Commission activities;

 

G)        Promote effective communication between the Commission and the deaf and hard of hearing community;

 

H)        Oversee the work of the Director; and

 

I)         Function as the primary contact between the Director and the Commission.

 

2)         The vice-chair shall aid the chair in the performance of his/her duties and shall:

 

A)        Preside at meetings of the Commission when the chair is absent; and

 

B)        Perform other duties assigned by the Commission or delegated by the chair.

 

d)         The officers may be removed from office by a ⅔ vote of the Commission members.

 

e)         The officers may resign from office provided that the majority of the Commission members accept the resignation.

 

f)         The Commission members shall elect the successive officers by majority vote upon removal or resignation of either officer.

 

Section 3300.330  Members' Responsibilities and Duties 

 

a)         Members shall be committed to the mission and the goals of the Commission;

 

b)         Members shall be knowledgeable about the operation, services, and programs;

 

c)         Members shall be objective in evaluating the programs, problems, and policies of the Commission;

 

d)        Members shall resist all pressures from groups and individuals, either from within or outside the Commission, who attempt to compromise the values, ideals, goals, policies, or prerogatives of the Commission;

 

e)         Members shall budget time and plan ahead in order to attend the meetings of the Commission and of those committees to which a member is appointed;

 

f)         Members shall accept and discharge specific responsibilities, either on committees or in the general work of the Commission;

 

g)         Members shall refrain from using one’s position as a member of the Commission to obtain special privileges or favor;

 

h)         Members shall assist the Commission in identifying the needs of deaf and hard of hearing persons;

 

i)          Members shall comply with and carry out statutes, regulations and policies of the State and Commission;

 

j)          Members shall resist issuing directives or indiscreet, improper, or unofficial communication with employees of the Commission or becoming unnecessarily involved in the day-to-day operation of the Commission;

 

k)         Members shall respect the work and authority of the Commission; maintain the confidentiality of the deliberations of the Commission; and support the majority action of the Commission.

 

Section 3300.340  Meetings, Notice and Place of Meetings

 

a)         The Commission meetings are subject to the provisions of the Open Meetings Act [5 ILCS 120].

 

b)         The Commission shall convene no fewer than 4 times a year and these 4 meetings are open to the public.

 

c)         Special meetings may be called by the chair when deemed necessary or at the request of a majority of the Commission members.

 

d)         Before a closed meeting can occur, the Commission must announce publicly the specific exemptions under the provisions of the Open Meetings Act for closing the meeting.  Closed meetings are not open to the public. 

 

e)         The dates, times, and place of the Commission’s regular meetings scheduled for the fiscal year will be posted at the beginning of each fiscal year.

 

f)         Notice of any meetings and agenda shall be posted, 48 hours prior to the meeting, at the Commission’s office and the location where the meeting is held.

 

g)         Meeting notice and agenda, if requested, shall be sent to interested individuals, organizations, and agencies 48 hours prior to the date of the meeting.

 

h)         The media, if they have filed a request, shall be notified 5 working days prior to the date of the meeting.

 

i)          Notice of meeting cancellations will be published in a newspaper of general circulation in the area of the scheduled meeting at least 10 days prior to the cancellation.

 

j)          The Commission shall hold their meetings at a location most convenient to the public.

 

Section 3300.350  Quorum and Voting

 

a)         A quorum shall be a simple majority of total membership, discounting vacant seats not currently filled by the Governor.  A quorum shall be required to conduct Commission business.

 

b)         Each member, including the chair, shall be entitled to one vote.

 

1)         No member shall vote by proxy.

 

2)         No vote can be taken via telephone, fax, and/or e-mail.

 

Section 3300.360  Public Participation

 

a)         All regular and special meetings of the Commission are open to the public and the media.  The public and the media are requested to introduce themselves and state whom they are representing, if anyone.

 

b)         An individual, group of individuals, or organizations requesting to address the Commission should place their request in writing to the Director 2 working days prior to the meeting.

 

c)         The chair shall recognize the individuals, groups, or organizations at the appropriate time on the agenda.

 

d)         A limit of ten (10) minutes will be allotted for a presentation to the Commission.  The Commission may allot more time, ask questions, or begin discussion of the issue presented.

 

Section 3300.370  Task Force/Committee Establishment, Reimbursement, Liaison and Appointment

 

a)         The Commission may create task forces and/or committees to advise, recommend, and investigate issues of significance to individuals with hearing loss in Illinois at the request of the Commission and will report on their activities directly to the Commission.

 

b)         The Commission will reimburse task force and/or committee members for travel, per diem, and lodging according to the prevailing rates established by the State of Illinois and subject to budgetary availability.

 

c)         The Director, or his designee, shall attend all task force and committee meetings. The Director shall be the liaison between the Commission and task forces and committees and shall report all task forces’ and committees’ progress to the Commission during its regular meetings.

 

d)         Commission members may serve as ex-officio members of any task force or committee.

 

e)         The Director and/or Commission members may recommend individuals for Commission appointments to serve on the task forces and committees.  Appointments shall be confirmed by a majority vote of the Commission members.

 

Section 3300.380  Director and Staff

 

a)         The Director shall be the executive officer of the Commission; shall be hired, supervised, and evaluated by the Commission; and shall serve at the pleasure of the Commission.  A ⅔ majority vote of the total membership, discounting vacant seats not currently filled by the Governor, at a regularly scheduled or emergency meeting of the Commission is required to remove the Director from office.

 

1)         The Director shall be responsible for the development, execution and evaluation of Commission activities and programs; supervise of personnel; propose the Commission’s budget; allocate and use of funds; monitoring and/or initiate legislation, regulations, policies and programs; and reports as needed and as advised by the Commission.

 

2)         The Director shall be afforded the same rights and privileges as outlined in the Personnel Code [20 ILCS 415], except for hiring.

 

b)         The staff shall be hired, supervised, and evaluated by the Director and be provided salary and benefits in accordance with the Personnel Code [20 ILCS 415] and Illinois Deaf and Hard of Hearing Commission’s policy and procedure manual.

 

Section 3300.390  Parliamentary Procedures

 

The meetings of the Commission shall be governed according to the most recent edition of Robert's Rules of Order.

 

Section 3300.APPENDIX A   Organizational Chart