Ill. Admin. Code tit. 2, § 1201.440 - Denials of Requests for Records
a) The Agency will deny requests for records
when:
1) Compliance with the request would
unduly burden the Agency, as determined pursuant to Section 1201.402, and the
requester has not reduced the request to manageable proportions; or
2) The records are exempt from disclosure
pursuant to Section 7 or 7.5 of FOIA or Section 1201.202 or 1201.203 of this
Part.
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 7.5of 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 supporting legal 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 1201.401(d), 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 to act
within the time periods provided in Section 1201.401. (Section 9(c) of
FOIA)
Notes
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