Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2501 - ACCESS TO THE RECORDS OF THE ILLINOIS LABOR RELATIONS BOARD › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 2501.460 - 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
				2501.408. (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
				2501.480.
				If the opinion concludes that no violation of FOIA has occurred, the requester
				may initiate administrative review under Section 2501.480. (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
				2501.470
				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 Executive
				Director of the Agency or the Agency'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 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)