2 Ill. Adm. Code 2701.21
Appeal of Denial of Access to Public Records
Section 2701
Section 2701.21Â Appeal of
Denial of Access to Public Records
a)Â Â Â Â Â Â Â Â If the Freedom of Information Officer denies a request for
public records, the requester may appeal the denial to the Public Counsel. An
appeal is made by sending a written notice of appeal to:
Public
Counsel
ATTENTION:Â
FOIA Appeal
Office of
Public Counsel
State of
Illinois Center
100 West
Randolph Street
Suite 11-300
Chicago,
Illinois 60601
b)Â Â Â Â Â Â Â Â The notice of appeal shall include a copy of the original
request, a copy of the denial, and a statement of the reasons for granting the
appeal. In responding to the appeal, the Public Counsel will follow the
procedures and the time schedules that are set out in the FOIA. If the Public
Counsel rules that the request has been approved, in whole or in part, the
Public Counsel will state the copying, certification, and postal fees, if any,
that the OPC will charge. (The fee schedule is provided in Appendix B to Part
2701.) The documents will be made available after the fees, if any, are paid.
If payment is not received within sixty days of the date that the OPC served
notice on the requester that fees must be paid, the OPC shall consider the
request withdrawn. If an appeal is denied, the Public Counsel will explain the
basis for the denial and will tell the requester how to obtain judicial review
of the denial.