Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 651 - ACCESS TO RECORDS OF THE OFFICE OF THE ILLINOIS STATE TREASURER › Subpart D - RESPONSE TO REQUESTS FOR RECORDS › Section 651.450 - Requests for Review of Denials - Public Access Counselor

Current through Register Vol. 48, No. 28, July 12, 2024
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)