Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 2026 - ACCESS TO RECORDS OF THE WORKERS' COMPENSATION COMMISSION › Subpart D - COMMISSION RESPONSE TO REQUESTS FOR RECORDS › Section 2026.455 - 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 Commission 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
				Commission.
(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 Commission 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 Commission properly determined that
				the request was made for a commercial purpose
. (Section 9.5(b) of
				FOIA)
c)
Within 7 business
				days after the Commission receives a request for review from the Public Access
				Counselor, the Commission 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 Commission 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 Commission.
(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 Commission 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
				Commission, subject to administrative review under
Section 2026.475.
				(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 Commission will either
				take necessary action immediately to comply with the directive of the opinion
				or shall initiate administrative review under
Section 2026.475.
If the opinion concludes that no violation of FOIA has occurred, the
				requester may initiate administrative review under
Section 2026.475.
				(Section 9.5(f) of FOIA)
j)
If the Commission discloses records in accordance with an opinion of
				the Attorney General, the Commission 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 2026.465
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 Commission regarding compliance
				with FOIA. A review may be initiated upon receipt of a written request from
				the
Chairman of the Commission or the Commission'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 Commission
in order to assist in the
				review. If the Commission relies in good faith on an advisory opinion of the
				Attorney General in responding to a request, the Commission 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)