Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1226 - ACCESS TO RECORDS OF THE DEPARTMENT OF TRANSPORTATION › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS › Section 1226.340 - 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. (Section 9.5(a) of
				FOIA)
b) 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)
c) 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)
d) 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)
e) 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)
f) A binding
				opinion from the Attorney General shall be binding upon both the requester and
				the Agency, subject to administrative review under Section
				1226.360.
				(Section 9.5(f) of FOIA)
g) 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)
h) 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 1226.360. If
				the opinion concludes that no violation of FOIA has occurred, the requester may
				initiate administrative review under Section 1226.360. (Section 9.5(f) of
				FOIA)
i) 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)
j) If the requester files suit under Section
				1226.350
				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 so notify the Agency. (Section 9.5(g) of FOIA)
k) 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 Secretary 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)