Ill. Admin. Code tit. 2, § 726.400 - 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 those copies. If the Agency fails to
respond to a request received, it will not treat the request as unduly
burdensome as provided under Section
726.405.
(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 7or 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
726.405. (Section 3(f) of FOIA )
Notes
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