TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.100 RULEMAKING PROCEDURES
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Commission are proposed, adopted or repealed pursuant to the Illinois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].
SUBPART B: PUBLIC INFORMATION
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.200 SUBMISSION OF REQUESTS
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.210 TIMELINESS FOR COMMISSION RESPONSE
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.220 TYPES OF COMMISSION RESPONSES
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.230 APPEAL OF DENIED REQUEST
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.240 DIRECTORS RESPONSE TO APPEAL
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.250 FEE FOR COPIES OF PUBLIC RECORDS
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.260 INSPECTION OF PUBLIC RECORDS AT COMMISSION OFFICE
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.
SUBPART C: ORGANIZATION
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.300 COMMISSION POWERS AND DUTIES
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.310 COMMISSION MEMBERSHIP, TERMS OF OFFICE AND VACANCIES
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.320 OFFICERS, RESPONSIBILITIES, REMOVAL AND VACANCIES
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.330 MEMBERS' RESPONSIBILITIES AND DUTIES
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.340 MEETINGS, NOTICE AND PLACE OF MEETINGS
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.350 QUORUM AND VOTING
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.360 PUBLIC PARTICIPATION
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.370 TASK FORCE/COMMITTEE ESTABLISHMENT, REIMBURSEMENT, LIAISON AND APPOINTMENT
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.380 DIRECTOR AND STAFF
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.
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.390 PARLIAMENTARY PROCEDURES
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
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SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER LXIII: DEAF AND HARD OF HEARING COMMISSION
PART 3300
RULEMAKING, PUBLIC INFORMATION AND ORGANIZATION
SECTION 3300.APPENDIX A ORGANIZATIONAL CHART
Section 3300.APPENDIX A Organizational Chart
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