Section 1120.10  Statutory Authority

 

This Part is promulgated pursuant to Section 2.05 of the Open Meetings Act (the Act) [5 ILCS 120].

 

(Source:  Amended at 41 Ill. Reg. 976, effective January 27, 2017)

 

Section 1120.20  Purpose

 

The purpose of these rules is to interpret and explain the "Open Meetings Act" in order to provide guidelines to promote complete understanding about the law and insure that meetings and hearings are:

 

a)         fair to the individual involved in departmental proceedings and

 

b)         conducted openly for the people of the State.

 

(Source:  Amended at 6 Ill. Reg. 8225, effective July 1, 1982)

 

Section 1120.30  Proceedings May Be Recorded

 

Proceedings at meetings and hearings required to be open to the public by the Act may be recorded audibly, visually, or by any other means by any person.  Persons may be required to locate their cameras or other recording devices at a sufficient distance from the committee or board members as is necessary to avoid interference with the committee's or board's discussion.

 

(Source:  Amended at 41 Ill. Reg. 976, effective January 27, 2017)

 

Section 1120.40  Witness Refusal (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 976, effective January 27, 2017)

 

Section 1120.50  Proper Order and Decorum

 

a)         Members of the media like all other persons attending such hearing or meeting shall be as quiet and stationary as possible in the place where such meeting or hearing is being conducted.

 

b)         The use of flashbulbs or similar lighting devices shall be prohibited.  Artificial lights shall be permitted only during the time that filming takes place.  However, no artificial lights shall be allowed if the presiding officer deems it disruptive.

 

c)         The Department shall cooperate with the media, as much as reasonably feasible, in providing adequate space for their personnel and equipment.  "Pooling" arrangements among the media necessary because of limitations of space for equipment and personnel shall be the sole responsibility of the media.

 

Section 1120.55  Public Comments

 

a)         Pursuant to Section 2.06(g) of the Act, any person shall be permitted an opportunity to address the committee or board so long as the person's public comments:

 

1)         preserve the decorum of the meeting;

 

2)         are reasonably related to the committee's or board's agenda and/or scope of regulatory authority, as determined by the committee or board;

 

3)         are limited to a reasonable period of time, not to exceed 3 minutes unless the committee or board gives permission to exceed this time limit.

 

b)         Pursuant to Section 2.06(g) of the Act, members of the public shall provide at least 2 days notice of intent to address a committee or board, unless the committee or board diminishes or waives this notice requirement.

 

(Source:  Added at 41 Ill. Reg. 976, effective January 27, 2017)

 

Section 1120.60  Granting Variances

 

a)         The Secretary may grant variances from this Part in individual cases when he or she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Secretary shall notify the appropriate committee or board of the granting of a variance and the reasons for that variance at the next meeting of the committee or board.

 

c)         This Part shall not apply to Department hearings conducted by administrative law judges.

 

(Source:  Amended at 41 Ill. Reg. 976, effective January 27, 2017)