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TITLE 2: GOVERNMENT ORGANIZATION SUBTITLE D: CODE DEPARTMENTS CHAPTER XVI: DEPARTMENT OF NUCLEAR SAFETY

PART 1076 FREEDOM OF INFORMATION PROCEDURES

SUBPART A: INTRODUCTION

Section 1076.10 Summary and Purpose 1076.20 Definitions

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

Section 1076.100 Person To Whom Requests Are Submitted 1076.110 Form and Content of Requests

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUESTS FOR PUBLIC RECORDS

Section 1076.200 Timeline for Department Response 1076.210 Types of Department Responses

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

Section 1076.300 Appeal of a Denial 1076.310 Director's Response to Appeal

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

Section 1076.400 Inspection of Records at Department Offices 1076.410 Copies of Public Records 1076.420 General Materials Available from the Freedom of Information Officer

APPENDIX A Freedom of Information Request Form (Repealed) APPENDIX B FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS

AUTHORITY: Implementing and authorized by the Freedom of Information Act (Ill. Rev. Stat. 1987, ch. 116, par. 201 et seq., as amended by P.A. 85-1357, effective January 1, 1989) and Section 4.01 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1987, ch. 127, par. 1004.01).

SOURCE: Adopted at 8 Ill. Reg. 12322, effective July 2, 1984; amended at 13 Ill. Reg. 7940, effective May 16, 1989. Section 1076.110 Form and Content of Requests

a) All requests for public records submitted to the Department under the FOIA shall be in writing.

b) The requestor shall include the following information in any request for public records:

1) The requestor's full name, mailing address and telephone number, including area code, at which the requestor can be reached during normal business hours.

2) A description of the public records sought, being as specific as possible.

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

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989)

SUBPART C: PROCEDURES FOR DEPARTMENT RESPONSE TO REQUEST FOR PUBLIC RECORDS

Section 1076.200 Timeline for Department Response

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

b) In the event that the Department cannot respond to the request for public records within seven working days for one of the reasons provided in Section 3(d) of the FOIA, the Department shall have an additional seven working days in which to respond. The Department shall give the requestor notice of the extension of time to respond. Such notice of extension shall set forth the reasons why the extension is necessary.

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989)

Section 1076.210 Type of Department Responses

a) The Department shall respond to a request for public records in one of three ways:

1) Approve the request.

2) Approve in part and deny in part.

3) Deny the request.

b) When a request for public records has been approved, the Department may give notice that the requested material will be made available upon payment of reproduction costs, or give notice of the time and place for inspection of the requested material.

c) Requests for public records shall be denied only for the reasons stated in either Section 3(f) or Section 7 of the FOIA. A denial of a request shall be made in writing and shall provide the reasons for the denial, the names and titles of individuals responsible for the decision to deny the request, and a statement that the requestor may appeal the denial to the Director of the Department of Nuclear Safety.

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

e) Failure to respond to a written request within seven working days may be considered by the requestor as a denial of the request. Such a denial may be appealed to the Director in accordance with Section 1076.230.

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989)

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

Section 1076.300 Appeal of a Denial

a) A requestor whose request for public records has been denied by the Freedom of Information Officer may appeal the denial to the Director of the Department. The notice of appeal shall be made in writing and shall be addressed to:

Director Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, Illinois 62704 ATTN: FOIA APPEAL

b) The notice of appeal shall include a copy of the original request, a copy of the denial received by the requestor or a statement that the Department failed to respond to the requestor within seven working days, and a written statement setting forth the reasons why the requestor believes the appeal should be granted.

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989)

Section 1076.410 Copies of Public Records

a) Copies of public records shall be provided to the requestor only upon payment of any charges which are due. If payment is not received within 60 days after the Department has notified the requestor of the charge, the Department shall consider the request withdrawn.

b) Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" set forth in Appendix B of this Part. If the requestor asks that copies of the public records be sent to him, postal charges shall be assessed at the actual rate charged to the Department.

c) Charges shall be waived if:

1) the requestor is a State agency,

2) the requestor is a constitutional officer or a member of the General Assembly,

3) the requestor states the specific purpose for the request and indicates that a waiver of the fee is in the public interest. Waiver of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit (Section 6(b) of the FOIA as amended by P.A. 85-1357, effective January 1, 1989), or

4) the total charge for copies of the public records, including any postal charges and any fees assessed in accordance with the "Fee Schedule for Duplication of Public Records," set forth in Appendix B, is less than ten dollars.

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989) Section 1076.Appendix A Freedom of Information Request Form (Repealed)

(Source: Repealed at 13 Ill. Reg. 7940, effective May 16, 1989) Section 1076.APPENDIX B FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS

Type of Duplication Per Copy Charge

Paper copy from paper original $ .04 (possibly different charges for different sizes)

Computer printout - paper - per page $ .50

Address labels (per label) $ .01

Some records possessed by the Department are in book or pamphlet form. A charge may be assessed for such materials based upon the cost of such materials incurred by the Department.

The fees for reproducing records in a form not listed above (e.g., computer tapes, video tapes, maps, etc.) will be the actual cost of reproducing such records incurred by the Department.

(Source: Amended at 13 Ill. Reg. 7940, effective May 16, 1989)