Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2100 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - ACCESS TO THE RECORDS OF THE LAW ENFORCEMENT TRAINING AND STANDARDS BOARD › Section 2100.115 - Agency Response to Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Timeline for Agency Response
1) 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 2100.115(b).
				(Section 3(d) of FOIA) A written request from the Agency to provide additional
				information shall be considered a response to the FOIA request.
2)
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:
A)
The requested records are stored
				in whole or in part at locations other than the office having charge of the
				requested records;
B)
The request requires the collection of a substantial number of
				specified records;
C)
The request is couched in categorical terms and requires an extensive
				search for the records responsive to it;
D)
The requested records have not
				been located in the course of routine search and additional efforts are being
				made to locate them;
E)
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 7 or 7.5 of FOIA or should be revealed only with
				appropriate deletions;
F)
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
G)
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)
3)
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)
4)
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 2100.115(b). (Section 3(f) of
				FOIA)