Ill. Admin. Code tit. 2, § 1127.404 - Denials of Requests for Records
a) The Agency shall deny requests for records
when:
1) Compliance with the request would
unduly burden the Agency, as determined pursuant to Section
1127.402
of this Part, and the requester has not reduced the request to manageable
proportions;
b) The denial
of a request for records must be in writing.
1) The notification shall include a
description of the records denied; the reason for the denial, including a
detailed factual basis for the application of any exemption claimed; and the
names and titles or positions of each person responsible for the denial
(Section 9(a) of FOIA);
2) Each
notice of denial shall also inform such person of the right to review by the
Public Access Counselor and provide the address and phone number for the Public
Access Counselor (Section 9(a) of FOIA); and
3) When a request for records is denied on
the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the
notice of denial shall specify the exemption claimed to authorize the denial
and the specific reasons for the denial, including a detailed factual basis and
a citation to the supportinglegal authority. (Section 9(b) of FOIA)
c) A requester may treat the
Agency's failure to respond to a request for records within 5 business days
after receipt of the written request as a denial for purposes of the right to
review by the Public Access Counselor.
d) If the Agency has given written notice
pursuant to Section
1127.401(d)
of this Part, failure to respond to a written request within the time permitted
for extension may be treated as a denial for purposes of the right to review by
the Public Access Counselor.
e) Any
person making a request for records shall be deemed to have exhausted his or
her administrative remedies with respect to that request if the Agency fails
toact within the time periods provided in Section
1127.401
of this Part. (Section 9(c) of FOIA)
Notes
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