2 Ill. Adm. Code 76.420
Denials of Requests for Records
Section 76.420Â Denials of Requests for Records
a)Â Â Â Â Â Â Â Â JCAR will deny requests
for records when:
1)Â Â Â Â Â Â Â Â Compliance
with the request would unduly burden JCAR, as determined pursuant to Section
76.405, and the requester has not reduced the request to manageable
proportions; or
2)Â Â Â Â Â Â Â Â The
records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or
Section 76.205 or 76.210.
b)Â Â Â Â Â Â Â Â The
denial of a request for records must be in writing.
1)Â Â Â Â Â Â Â Â 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
the
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)Â Â Â Â Â Â Â Â A
requester may treat the JCAR'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)Â Â Â Â Â Â Â Â If JCAR
has given written notice pursuant to Section 76.400(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 JCAR fails to act
within the time periods provided in
Section 76.400. (Section 9(c) of FOIA)