Ill. Admin. Code tit. 2, § 651.440 - Denials of Requests for Records
a) The Office of the Treasurer will deny
requests for records when:
1) Compliance with
the request would unduly burden the Office of the Treasurer, as determined
pursuant to Section 651.420, and the requester has
not reduced the request to manageable proportions; or
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 Office of the
Treasurer'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 Office of the Treasurer has given
written notice pursuant to Section
651.410(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 Office
of the Treasurer fails to act within the time periods provided
in Section 651.410. (Section 9(c) of
FOIA)
Notes
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