Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1301 - ACCESS TO RECORDS OF THE DEPARTMENT OF EMPLOYMENT SECURITY › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1301.405 - 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 public 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.
(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
Section 1301.120
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 Agency
as a request for a commercial purpose
				under Section 3.1 of
FOIA
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.
c)
A person whose request to inspect
				or copy a public record was treated by the
Agency
as a
				voluminous request under Section 3.6 of
FOIA
may file a
				request for review with the Public Access Counselor for the purpose of
				reviewing whether
the Agency
properly determined that the
				request was a voluminous request.
(Section 9.5(b) of FOIA)
d)
Within 7 business days after
				receipt of the 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)
e)
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)
f)
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)
g)
In addition to the request for review, and the answer and response
				thereto, 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)
h) A
				binding opinion from the Attorney General
shall be binding upon both
				the requester and the Agency, subject to administrative review under
Section 1301.407. (Section 9.5(f) of FOIA)
i) 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)
j)
Upon
				receipt of a binding opinion concluding that a violation of
FOIA
has occurred, the
Agency
shall either take necessary
				action immediately to comply with the directive of the opinion or shall
				initiate administrative review under
Section 1301.407.
If the
				opinion concludes that no violation of
FOIA
has occurred, the
				requester may initiate administrative review under
Section 1301.407.
				(Section 9.5(f) of FOIA)
k) 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)
l)
If the requester files suit
				under
Section 1301.406
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 take no further
				action with respect to the request for review and shall so notify the
Agency
.
(Section 9.5(g) of FOIA)
m)
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)