TITLE 2

These Rules are under review pursuant to the 2010 FOIA amendments.

TITLE 2: GOVERNMENTAL ORGANIZATION

SUBTITLE D: CODE DEPARTMENTS

CHAPTER XXII: DEPARTMENT OF TRANSPORTATION

PART 1226

REQUEST FOR PUBLIC RECORDS

SUBPART A: INTRODUCTION

Section

1226.10 Summary and Purpose

1226.20 Definitions

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

Section

1226.110 Submission of Request

1226.120 Form and Content of Requests

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE

TO REQUESTS FOR PUBLIC RECORDS

Section

1226.210 Timeline for Department Response

1226.220 Types of Department Responses

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

Section

1226.310 Appeal of a Denial

1226.320 Secretary's Response to Appeal

1226.330 Delegation by Secretary

SUBPART E: PROCEDURES FOR PROVIDING

PUBLIC RECORDS TO REQUESTERS

Section

1226.410 Inspection of Records at Department Offices

1226.420 Copies of Public Records

1226.430 Materials Available Under Section 4 of FOIA

1226.APPENDIX A Request for Public Records

1226.APPENDIX B Fee Schedule for Duplication of Public Records

AUTHORITY: Implementing and authorized by the Freedom of Information Act [5 ILCS 140]; Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15]; and Section 16 of the Civil Administrative Code of Illinois [20 ILCS 5/16].

SOURCE: Adopted and codified at 8 Ill. Reg. 12526, effective July 1, 1984; amended at 19 Ill. Reg. 1334, effective January 31, 1995; amended at 31 Ill. Reg. 11366, effective July 17, 2007.

SUBPART A: INTRODUCTION

Section 1226.10 Summary and Purpose

a) This Part is established to implement the provisions of the Freedom of Information Act [5 ILCS 140/1]. The purpose of this Part is to provide public access to the public records in the possession of this Department while, at the same time, protecting legitimate privacy interests and maintaining administrative efficiency.

b) This Part creates a procedure by which the public may request and obtain public records. Therefore, they are being filed in accordance with Section 5-15 of the Illinois Administrative Procedures Act [5 ILCS 100/5-15].

(Source: Amended at 19 Ill. Reg. 1334, effective January 31, 1995)

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

Section 1226.110 Submission of Request

a) Person To Whom Requests are Submitted

1) A request for records other than records maintained by a District highway office shall be sent to:

Office of Chief Counsel
Room 300
2300 South Dirksen Parkway
Springfield, Illinois 62764

2) A request for records maintained by a District highway office shall be sent to the District Engineer for the District. The addresses of the District highway offices are as follows:

District 1
201 West Center Court
Schaumburg, IL 60196-1096

District 2
819 Depot Avenue
Dixon, IL 61021-3546

District 3
700 East Norris Drive
Box 697
Ottawa, IL 61350-0697

District 4
401 Main Street
Peoria, IL 61602-1111

District 5
13473 IL Hwy. 133, P.O. Box 610
Paris, IL 61944-0610

District 6
126 East Ash Street
Springfield, IL 62704-4792

District 7
400 West Wabash
Effingham, IL 62401-2699

District 8
1100 East Port Plaza Drive
Collinsville, IL 62234-6198

District 9
State Transportation Building
P. O. Box 100
Carbondale, IL 62903-0100

b) Requests for records other than records maintained by a District highway office which are sent to a District highway office may be returned as improperly submitted. If a person making a request is unsure where the requested records are maintained, the request should be sent to the Office of Chief Counsel at the address in subsection (a)(1) of this Section.

c) An envelope containing a request for records shall be plainly marked "REQUEST FOR RECORDS". Failure to so mark the envelope may delay processing.

d) Requests for records which are not submitted to the Office of Chief Counsel or to District Engineers as provided in this Section will be handled expeditiously. However, the required response times contained in the FOIA and this Part do not apply to requests which are not submitted as provided in this Section.

(Source: Amended at 31 Ill. Reg. 11366, effective July 17, 2007)

Section 1226.120 Form and Content of Requests

a) Requests in accordance with the FOIA and this Part shall be made in writing. Requests shall be legible and in English. Such requests may be submitted on FOIA request forms provided by the Department. (See Section 1226.Appendix A.)

b) The requester shall provide the following information in a request for public records:

1) The requester's name, address and phone number.

2) A specific description of the public records requested.

3) Whether the request is for inspection of public records, copies of public records, or both.

c) A request for copies of public records may request that the records be certified.

d) Oral requests will be handled expeditiously. However, the provisions contained in the FOIA and this Part do not apply to oral requests.

e) A request not meeting the requirements of this Part may be returned as improperly submitted.

(Source: Amended at 19 Ill. Reg. 1334, effective January 31, 1995)

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE

TO REQUESTS FOR PUBLIC RECORDS

Section 1226.210 Timeline for Department Response

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

b) The Department may give notice of an extension of time to respond which does not exceed an additional 7 working days. Such an extension is allowable only if written notice is provided within the original 7 working days time limit and only for the reasons provided in Section 3(d) of the FOIA. Such notice of extension shall state the reasons why the extension is necessary.

Section 1226.220 Types of Department Responses

a) The Department shall respond to a request for public records which is in compliance with Section 1226.120 in one of three ways:

1) Approve the request.

2) Approve in part and deny in part.

3) Deny the request.

b) Upon approval of a request for public records, the Department may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction costs or give notice of the time and place for inspection of records.

c) A denial of a request for public records shall be made in writing. It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of individuals responsible for the decision. It shall also give notice of the requestor's right to appeal to the Secretary of the Department.

d) Categorical requests creating an undue burden upon the Department shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of the FOIA.

e) Failure to respond to a written request within 7 working days may be considered by the requestor to be a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

Section 1226.310 Appeal of a Denial

a) A requester whose request has been denied may appeal the denial to the Secretary of the Department. The notice of appeal shall be made in writing and sent to:

Secretary

Illinois Department of Transportation

2300 South Dirksen Parkway

Springfield, Illinois 62764

b) The notice of appeal shall include a copy of the original request, a copy of the denial received by the requester, and a statement of the reasons why the appeal should be granted.

c) An appeal not meeting the requirements of this Part may be returned to the person making the appeal as improperly filed.

(Source: Amended at 19 Ill. Reg. 1334, effective January 31, 1995)

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

Section 1226.410 Inspection of Records at Department Offices

a) Public records which are not exempt may be inspected at the Department facility where they are maintained, except that records maintained in field offices may be inspected at District highway offices or other convenient locations determined by the Department. The person making the request will be notified by the Department of the time and place where the records will be available for inspection. Records may be inspected from 8:30 a.m. to 4:30 p.m. on normal working days.

b) Documents which the requestor wishes to have copied shall be segregated during the course of the inspection. Generally, all copying shall be done by Department employees.

c) An employee of the Department may be present throughout the inspection. A requestor may be prohibited from bringing bags, brief cases or other containers into the inspection room.

Section 1226.420 Copies of Public Records

a) Copies of public records shall be provided to the requester only upon payment of any charges which are due.

b) A requester shall make any check or money order payable to the "State Treasurer of Illinois" for payment of charges that are due.

c) Charges for copies of public records and certification shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" attached as Section 1226.Appendix B.

d) Charges shall be waived if the requester is a State agency, a constitutional officer or a member of the General Assembly. Charges may be waived in any other case where the Department determines that the waiver serves the public interest.

(Source: Amended at 19 Ill. Reg. 1334, effective January 31, 1995)

Section 1226.430 Materials Available Under Section 4 of FOIA

The Office of Chief Counsel and the District Engineers shall make available to the public for inspection and copying at no charge and shall send through the mail if requested the following materials:

a) A brief description of the organizational structure and budget of the Department; and

b) A brief description of the means for requesting information and public records including the "Fee Schedule for Duplication of Public Records."

(Source: Amended at 31 Ill. Reg. 11366, effective July 17, 2007)

Section 1226.APPENDIX A Request for Public Records

TO:

FROM:

Department of Transportation

ADDRESS

PHONE NUMBER

DESCRIPTION OF REQUESTED RECORD(S):

Please indicate if you wish to inspect the above captioned records or wish a copy of them:

Inspection

Copy

Both

FOR OFFICE USE ONLY:

Date Received

Date Response Due

Notations