Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 5176 - PUBLIC ACCESS TO INFORMATION › Subpart D - BOARD RESPONSE TO REQUESTS FOR RECORDS › Section 5176.425 - 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 Board 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 Board.
(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 Board 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 Board properly determined that the request was made for a commercial
				purpose
. (Section 9.5(b) of FOIA)
c)
Within 7 business days after the
				Board receives a request for review from the Public Access Counselor, the Board
				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 Board 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 Board.
(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 Board 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 Board,
				subject to administrative review under
Section 5176.435. (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 Board will either take necessary action immediately to comply
				with the directive of the opinion or shall initiate administrative review
				under
Section 5176.435.
If the opinion concludes that no
				violation of FOIA has occurred, the requester may initiate administrative
				review under
Section 5176.435. (Section 9.5(f) of FOIA)
j)
If the Board discloses records in
				accordance with an opinion of the Attorney General, the Board 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 5176.430
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 Board regarding compliance with FOIA. A review
				may be initiated upon receipt of a written request from the
Executive
				Director of the Board or the Board'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 Board in
				order to assist in the review. If the Board relies in good faith on an advisory
				opinion of the Attorney General in responding to a request, the Board 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)