Ill. Admin. Code tit. 2, § 851.400 - 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 these copies. If the Agency fails to respond to a request
received, it will not treat the request as unduly burdensome under
Section 851.410. (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
5 business 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 to respond 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
851.410. (Section 3(f) of FOIA)
Notes
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