Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1376 - ACCESS TO RECORDS OF THE DEPARTMENT OF MILITARY AFFAIRS › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1376.425 - 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 the Agency 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 the Agency.
(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
				the Agency 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
				the Agency properly determined that the request was made for a commercial
				purpose
. (Section 9.5(b) of FOIA)
c)
Within 7 business days after the
				Agency receives a request for review from the Public Access Counselor, the
				Agency 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 Agency 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 Agency.
(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 the Agency 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 Agency,
				subject to administrative review under
Section 1376.435. (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, the Agency will either take necessary action immediately to
				comply with the directive of the opinion or shall initiate administrative
				review under
Section 1376.435.
If the opinion concludes that
				no violation of FOIA has occurred, the requester may initiate administrative
				review under
Section 1376.435. (Section 9.5(f) of FOIA)
j)
If the Agency discloses records in
				accordance with an opinion of the Attorney General, the Agency 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 1376.430
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 the Agency regarding compliance with FOIA. A review
				may be initiated upon receipt of a written request from the
Director
				of the Agency or the Agency's Chief Legal Counsel,
which shall contain
				sufficient accurate facts from which a determination can be made. The Public
				Access Counselor may request additional information from the Agency in order to
				assist in the review. If the Agency relies in good faith on an advisory opinion
				of the Attorney General in responding to a request, the Agency 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)