Ill. Admin. Code tit. 44 § 4000.10

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

Section 4000.10 - General

a) The Local Records Commission (the Commission) for agencies comprising counties of less than 3,000,000 inhabitants shall consist of a county board chairperson/president, a mayor/president of a city, village or incorporated town, a county auditor, a State's Attorney (all of whom shall be appointed by the Governor), the State Archivist and the State Historian. [50 ILCS 205/6 ] The chairperson/president of the county board shall be the chairman of the Commission. A member of the Commission may designate a substitute.

b) The Commission shall meet at 10:00 a.m. on the first Tuesday of each month. If the first Tuesday falls on a holiday, the Commission shall meet on the first Wednesday.

c) All meetings of the Commission shall be open to the public and will be held in the John Daly Conference Room, Margaret Cross Norton Building, Springfield, Illinois unless otherwise stated in the publicly posted notice of the meeting.

d) The Commission shall determine what records no longer have administrative, legal, fiscal, research, or historical value; determine what records should be destroyed or otherwise disposed of; and authorize and approve the destruction or other disposal of records. The State Archivist may deposit records in the State Archives, State Library or State Historical Museum, or with a local historical society, museum or library.

e) No public record, except as otherwise provided by law, shall be disposed of by any officer or agency, unless written approval of the Commission is first obtained.

f) The Commission reserves the rights to review, modify or revoke approved records disposal schedules after due notice is given to the agency and an open meeting on the subject is held.

g) The presiding judge of any court of record or the head of each agency shall provide for compliance with this Part. In the case of a violation of the Local Records Act [50 ILCS 205 ] or of this Part discovered by the Commission, the Attorney General and the county's State's Attorney will be notified.

h) Non-record materials may be destroyed at any time by the agency in possession of those materials without the prior approval of the Commission. Whenever there is doubt that certain items are non-record materials, the agency should consider them to be records until their status is determined.

Ill. Admin. Code tit. 44, § 4000.10

Amended at 9 Ill. Reg. 17796, effective November 5, 1985

Amended at 39 Ill. Reg. 2652, effective 2/9/2015