Ill. Admin. Code tit. 2 § 76.505

Current through Register Vol. 48, No. 49, December 6, 2024

Section 76.505 - Fees for Records

a) In accordance with Section 76.510, unless a fee is otherwise fixed by statute, JCAR will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

b)In calculating its actual cost for reproducing records or for the use of the equipment of JCAR to reproduce records, JCAR will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(b) of FOIA)

c) In order to expedite the copying of records that JCAR cannot copy, due to the volume of the request or JCAR's operational needs, in the timelines established in Section 76.400, the requester may provide, at the requester's expense, the copy machine, all necessary materials, and the labor to copy the public records at JCAR headquarters in Section 76.500, or at another location agreed to by both JCAR and the requester. No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.

d) Copies of records will be provided to the requester only upon payment of any fees due. JCAR may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but JCAR will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(a) of FOIA) Payment must be by check or money order sent to JCAR, payable to "Treasurer, State of Illinois".

e) If a contractor is used to inspect or copy records, the following procedures shall apply:

1) The requester, rather than JCAR, must contract with the contractor;

2) The requester is responsible for all fees charged by the contractor;

3) The requester must notify JCAR of the contractor to be used prior to the scheduled on-site inspection or copying;

4) Only JCAR personnel may provide records to the contractor;

5) JCAR must have verified that the requester has paid JCAR, if payment is due, for the copying of the records before providing the records to the contractor; and

6) The requester must provide to JCAR the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

f)JCAR may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record. No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record. JCAR may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with JCAR. If JCAR imposes a fee pursuant to this subsection (f), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records. The provisions of this subsection (f) apply only to commercial requests. (Section 6(f) of FOIA)

Ill. Admin. Code tit. 2, § 76.505

Adopted at 41 Ill. Reg. 2675, effective 2/7/2017.