Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 76 - ACCESS TO RECORDS OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 76.425 - 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 JCAR 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. The request for review
				shall be in writing, be signed by the requester, and include a copy of the
				request for access to records and any response from JCAR.
(Section
				9.5(a) of FOIA)
b)
A person
				whose request to inspect or copy a record is made for a commercial purpose may
				not file a request for review with the Public Access Counselor. A person whose
				request to inspect or copy a record was treated by JCAR as a request for a
				commercial purpose may file a request for review with the Public Access
				Counselor for the limited purpose of reviewing whether JCAR properly determined
				that the request was made for a commercial purpose
. (Section 9.5(b) of
				FOIA)
c)
Within 7 business
				days after JCAR receives a request for review from the Public Access Counselor,
				JCAR 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, JCAR 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 JCAR.
(Section 9.5(d) of
				FOIA)
f)
In addition to the
				request for review, and the answer and response to the request, if any, a
				requester or JCAR 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 JCAR, subject to
				administrative review under
Section 76.435. (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, JCAR will either take necessary action immediately to comply with
				the directive of the opinion or shall initiate administrative review
				under
Section 76.435.
If the opinion concludes that no
				violation of FOIA has occurred, the requester may initiate administrative
				review under
Section 76.435. (Section 9.5(f) of FOIA)
j)
If JCAR discloses records in
				accordance with an opinion of the Attorney General, JCAR 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 76.430
with respect to the same denial that is
				the subject of a pending request for review, the requester shall notify the
				Public Access Counselor.
(Section 9.5(g) of FOIA)
l)
The Attorney General may also
				issue advisory opinions to JCAR regarding compliance with FOIA. A review may be
				initiated upon receipt of a written request from the
Executive
				Director of JCAR or JCAR's Legal Counsel,
which shall contain
				sufficient accurate facts from which a determination can be made. The Public
				Access Counselor may request additional information from JCAR in order to
				assist in the review. If JCAR relies in good faith on an advisory opinion of
				the Attorney General in responding to a request, JCAR 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)