Suppose that you want to see how the IDFPR managed a case against someone holding one of the many required licenses in Illinois. Or suppose you’d like to see the content of a petition that resulted in the Department dropping a case against a licensee. Perhaps you’re doing research on how many licensees were sanctioned in Illinois in a given year.
The updated Illinois Administrative Code outlines procedures for obtaining information like this from the Illinois Department of Financial and Professional Regulation. The specific citation is at 2 Ill. Admin. Code ยง 1326 and can be found at the Illinois General Assembly site here.
Also pertinent to FOIA requests is the Illinois Freedom of Information Act (5 ILCS 140) which can be found at the Illinois General Assembly site here.
Under 2 Ill. Admin. Code ยง 1326, information that may be released by the IDFPR includes:
- Disciplinary Orders
- Orders issued during administrative proceedings
- Licensure applications (with certain information redacted)
- Formal complaints filed by the Department
- Filings made by petitioners
- Recommendations from ALJ and the Medical Board after a formal administrative hearing has taken place
- Board meeting minutes and agendas
Information that will NOT be released includes:
- Medical information used as evidence at hearings
- Physical or mental health examinations ordered by the Department
- Settlement documents
- Complaints made to the Department against licensees (these must remain confidential pursuant to 20 ILCS 2105/2105-117 unless a subpoena has been generated for the records)
- Mandatory reports regarding a licensee
- Investigative files and internal case management documents
- Probation files and reports
- Nondisciplinary orders
- Supervision orders
- Sealed discipline and orders
In order to make a FOIA request to the IDFPR, include the following information in a letter or e-mail:
- Name, address, phone number, e-mail address
- Specific description of records being requested
- How you would like the records sent to you.
Send the request to:
Illinois Dept. of Financial and Professional Regulation
Attn: FOI Officer
100 West Randolph Street, 9th Floor
Chicago, Illinois 60601
or to
Illinois Dept. of Financial and Professional Regulation
Attn: FOI Officer
320 West Washington Street, 3rd Floor
Springfield, Illinois 62786
You can also email a FOIA request to FPR.FOIA@Illinois.gov.
Fees for FOIA requests to the IDFPR
The Department may charge fees for copying records. Section 1326.520 states that the fees charged must comply with Section 6 of the Illinois Freedom of Information Act. In turn, Section 6 states that any fees charged must be “reasonably calculated to reimburse its actual cost for reproducing and certifying public records …” In addition, the fees CANNOT include the costs of searching for and reviewing the records and CANNOT exceed the actual cost of reproduction and certification, unless otherwise provided by State statute.
Ask about the fees for copying records beforehand. Electronic versions of the records should involve less time for copying than paper records.
If the specific purpose for requesting the records is stated and if a waiver of fees is “in the public interest,” the fees may be reduced or completely waived. “In the public interest” means that the principal purpose of obtaining the documents 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. The Act specifically mentions news reporting as one example of obtaining records “in the public interest.” Therefore, specifying in any FOIA request that you are writing an article for a blog or newspaper and requesting waiver of fees “in the public interest” may allow you to obtain the requested information at a reduced or no cost.
A simple FOIA request to the IDFPR request might look something like the following:
To: Illinois Dept. of Financial and Professional Regulation
Attn: FOI Officer
100 West Randolph Street, 9th Floor
Chicago, IL 60601
VIA EMAIL TO FPR.FOIA@Illinois.gov
Dear FOI Officer,
My name is ____________________________
My mailing address is _____________________________________
My phone number is ________________________________
My e-mail address is _____________________________________
I am requesting that you send to me by e-mail the following information:
[Insert request here. Some examples ….]
- All disclosable documents regarding investigation and administrative proceedings against John Doe, MD (license number XXX-XXXXXX) from 2017 to 2019 including, but not limited to licensure applications of John Doe, MD; any complaints filed by the Department against John Doe, MD; any and all filings made by John Doe, MD; any and all orders issued during administrative proceedings against John Doe, MD; all evidence used during formal hearing against John Doe, MD; recommendations made by any ALJ and by the Medical Board regarding John Doe, MD; and any Board meeting minutes and agendas pertinent to John Doe, MD.
- All copies of formal complaints filed by the Department against emergency physicians in 2018.
- Findings of fact and recommendations made by Administrative Law Judge ________ after administrative hearings occurring in 2018.
- All Formal Disciplinary Orders filed against medical licensees in 2018.
If applicable ….. [I am researching XXXXXX to write a law journal article] [I am writing an article for a newspaper regarding XXXXXXX] [I am doing a research project on XXXXXXX for my school] [I am writing a post for my blog on XXXXXXXXX] and, under 5 ILCS 140/6, my activities qualify as being “in the public interest.” I am therefore requesting that the fees for obtaining this information be waived.
Denying Access to Records
The law allows the Department to a FOIA request for information for several reasons. For example, if the Department doesn’t keep the information requested, if the Department doesn’t have the record in the requested format, or if the information is exempt from disclosure (as noted above), the Department does not have to honor the FOIA request.
The Department may also deny a FOIA request if it would “unduly burden the Department” in producing the information. However, the law notes that the Department would still have to comply with the request if the requester “reduce[s] the scope of the request to manageable proportions.” If the Department denies an initial FOIA request as “unduly burdensome,” it may be helpful to ask in writing what the Department considers to be “manageable proportions” under Section 1326.430 (a)(1) and then reduce the scope of a request accordingly.