2 Ill. Adm. Code 500.255
Denials of Requests for Records
Section 500.255 Denials of Requests for Records
a) OSAD will deny requests
for records when:
1) Compliance
with the request would unduly burden OSAD, as determined pursuant to Section 500.245,
and the requester has not reduced the request to manageable proportions; or
2) The
records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or
Section 500.215 or 500.220.
b) The
denial of a request for records must be in writing.
1) The
notification shall include a description of the records denied;
the reason
for the denial, including a detailed factual basis for the application of any
exemption claimed; and the names and titles or positions of each person
responsible for the denial
(Section 9(a) of FOIA);
2)
Each
notice of denial shall also inform such person of the right to review by the
Public Access Counselor and provide the address and phone number for the Public
Access Counselor
(Section 9(a) of FOIA); and
3)
When
a request for records is denied on the grounds that the records are exempt
under Section 7
or 7.5
of FOIA, the notice of denial shall specify the
exemption claimed to authorize the denial and the specific reasons for the
denial, including a detailed factual basis and a citation to the supporting
legal authority
(Section 9(b) of FOIA)
.
c) A
requester may treat OSAD's failure to respond to a request for records within 5
business days after receipt of the written request as a denial for purposes of
the right to review by the Public Access Counselor.
d) If OSAD
has given written notice pursuant to Section 500.240(d), failure to respond to
a written request within the time permitted for extension may be treated as a
denial for purposes of the right to review by the Public Access Counselor.
e)
Any
person making a request for records shall be deemed to have exhausted his or
her administrative remedies with respect to that request if OSAD fails to act
within the time periods provided in
Section 500.240. (Section 9(c) of FOIA)