Ill. Admin. Code tit. 1, § 100.355 - Underlying Data
a) For the purpose
of this Part, underlying data is defined as any data, including written
information or material, statistics, measurements, calculations or other
information used as the basis for reasoning, recommendation or conclusions,
including any information provided to the promulgating agency by a consultant,
vendor or other third party under contract with the agency that was used as the
basis for a published study or report used in the development of the
rule.
b) Any published study or
report used in developing the rule shall be identified on the Notice Page for
the rulemaking by a descriptive title or other description, the identity of the
person or entity that performed the study or report, the publisher's name and
publication date, and a description of where the public may obtain a copy of
the study or report.
c) If the
published study or report was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study or report, in
addition to identifying the study or report, the agency shall also make copies
of the underlying data available to members of the public upon request, if the
data are not protected from disclosure under the Freedom of Information Act [5
ILCS 140 ]. If the agency must pay a fee to a contracting entity to obtain a
copy of the underlying data, the agency may charge the requester a fee equaling
the cost of obtaining the data. This fee shall reflect actual costs incurred by
the agency.
Notes
Added at 29 Ill. Reg. 13224, effective August 12, 2005
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