Ill. Admin. Code tit. 2, § 651.450 - Requests for Review of Denials - Public Access Counselor
a)
A person whose request to inspect
or copy a record is denied by the Office of the Treasurer may
file a request for review with the Public Access Counselor established in the
Office of the Attorney General not later than 60 days after the date of the
final denial. (Section 9.5(a) of FOIA)
b)
A person whose request to inspect
or copy a public record is made for a commercial purpose as defined in
subsection (c-10) of Section 2 of FOIA or Section
651.120
may not file a
request for review with the Public Access Counselor. A person whose request to
inspect or copy a public record was treated by the public body as a request for
a commercial purpose under Section 3.1 of FOIA or Section
651.330
may file a
request for review with the Public Access Counselor for the limited purpose of
reviewing whether the public body properly determined that the request was made
for a commercial purpose. (Section 9.5(b) of FOIA)
c)
Within 7 business days after
the Office of the Treasurer receives a request for review from
the Public Access Counselor, the Office of the Treasurer shall
provide copies of records requested and shall otherwise fully cooperate with
the Public Access Counselor. (Section 9.5(c) of FOIA)
d)
Within 7 business days after it
receives a copy of a request for review and request for production of records
from the Public Access Counselor, the Office of the Treasurer
may, but is not required to, answer the allegations of the request for
review. The answer may take the form of a letter, brief, or memorandum. The
Public Access Counselor shall forward a copy of the answer to the person
submitting the request for review, with any alleged confidential information to
which the request pertains redacted from the copy. (Section 9.5(d) of
FOIA)
e)
The requester may,
but is not required to, respond in writing to the answer within 7 business days
and shall provide a copy of the response to the Office of the
Treasurer. (Section 9.5(d) of FOIA)
f)
In addition to the request for
review, and the answer and response thereto, if any, a requester or
the Office of the Treasurer may furnish affidavits or records
concerning any matter germane to the review. (Section 9.5(e) of
FOIA)
g)
A binding opinion
from the Attorney General shall be binding upon both the requester and
the Office of the Treasurer, subject to administrative review
under Section
651.470. (Section 9.5(f) of
FOIA)
h)
If the Attorney
General decides to exercise his or her discretion to resolve a request for
review by mediation or by a means other than issuance of a binding opinion, the
decision not to issue a binding opinion shall not be reviewable.
(Section 9.5(f) of FOIA)
i)
Upon receipt of a binding opinion concluding that a violation of FOIA
has occurred, the Office of the Treasurer shall either take
necessary action immediately to comply with the directive of the opinion or
shall initiate administrative review under Section
651.470. If the opinion
concludes that no violation of FOIA has occurred, the requester may initiate
administrative review under Section
651.470. (Section 9.5(f) of
FOIA)
j)
If the
Office of the Treasurer discloses records in accordance with an opinion
of the Attorney General, the Office of the Treasurer is immune
from all liabilities by reason thereof and shall not be liable for penalties
under FOIA. (Section 9.5(f) of FOIA)
k)
If the requester files suit
under Section
651.460
with respect to
the same denial that is the subject of a pending request for review, the
requester shall notify the Public Access Counselor, and the Public Access
Counselor shall so notify the Office of the
Treasurer. (Section 9.5(g) of FOIA)
l)
The Attorney General may also
issue advisory opinions to the Office of the Treasurer
regarding compliance with FOIA. A review may be initiated upon receipt
of a written request from the Treasurer or the Office of the
Treasurer's General Counsel, which shall contain sufficient accurate
facts from which a determination can be made. The Public Access Counselor may
request additional information from the Office of the Treasurer
in order to assist in the review. If the Office of the
Treasurer relies in good faith on an advisory opinion of the Attorney
General in responding to a request, the Office of the Treasurer
is not liable for penalties under FOIA, so long as the facts upon which
the opinion is based have been fully and fairly disclosed to the Public Access
Counselor. (Section 9.5(h) of FOIA)
m)
A person whose request to inspect
or copy a public record was treated by the Office of the Treasurer
as a voluminous request under Section 3.6 of FOIA or Section
651.350 of this Part may
file a request for review with the Public Access Counselor for the purpose of
reviewing whether the public body properly determined that the request was a
voluminous request. (Section 9.5(b-5) of FOIA)
Notes
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