Ill. Admin. Code tit. 2, § 5376.401 - Timeline for Agency Response
a)
Except as stated in subsection (b) or (c), the Agency will respond to any
written request for records within 5 business days after its receipt of the
request. Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its receipt shall be
considered a denial of the request. If the Agency fails to respond to a request
within the requisite periods in this subsection (a) but thereafter provides the
requester with copies of the requested records, it will not impose a fee for
such copies. If the Agency fails to respond to a request received, it will not
treat the request as unduly burdensome as provided under Section
5376.402.
(Section 3(d) of FOIA) A written request from the Agency to provide additional
information shall be considered a response to the FOIA request.
b) The time limits prescribed in subsection
(a) may be extended for not more than 5business days from the original due date
for any of the following reasons:
1) The
requested records are stored in whole or in part at locations other than the
office having charge of the requested records;
2) The request requires the collection of a
substantial number of specified records;
3) The request is couched in categorical
terms and requires an extensive search for the records responsive to
it;
4) The requested records have
not been located in the course of routine search and additional efforts are
being made to locate them;
5) The
requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if they are exempt from
disclosure under Section 7 or 7.5 of FOIA or should be revealed only with
appropriate deletions;
6) The
request for records cannot be complied with by the Agency within the time
limits prescribed by subsection (a) without unduly burdening or interfering
with the operations of the Agency; or
7) There is a need for consultation, which
shall be conducted with all practicable speed, with another public body or
among two or more components of a public body having a substantial interest in
the determination or in the subject matter of the request. (Section 3(e) of
FOIA)
c) The person
making a request and the Agency may agree in writing to extend the time for
compliance for a period to be determined by the parties. If the requester and
the Agency agree to extend the period for compliance, a failure by the Agency
to comply with any previous deadlines shall not be treated as a denial of the
request for the records. (Section 3(e) of FOIA)
d) When additional time is required for any
of the reasons set forth in subsection (b), the Agency will, within 5 business
days after receipt of the request, notify the person making the request of the
reasons for the extension and the date by which the response will be
forthcoming. Failure to respond within the time permitted for extension shall
be considered a denial of the request. If the Agency fails torespond to a
request within the time permitted for extension but thereafter provides the
requester with copies of the requested public records, it may not impose a fee
for those copies. If the Agency issues an extension and subsequently fails to
respond to the request, it will not treat the request as unduly burdensome
under Section 5376.402. (Section 3(f) of FOIA)
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.