2 Ill. Adm. Code 1127.404
Denials of Requests for Records
Section
1127.404Â Denials
of Requests for Records
a)Â Â Â Â Â Â Â Â The Agency shall deny requests for records when:
1)Â Â Â Â Â Â Â Â Compliance with the request would unduly burden the Agency, as
determined pursuant to Section 1127.402 of this Part, and the requester has not
reduced the request to manageable proportions;
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 1127.202 or Section 1127.203 of this Part.
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 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)Â Â Â Â Â Â Â Â A requester may treat the Agency'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 the Agency has given written notice pursuant to Section
1127.401(d) of this Part, 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 the
Agency
fails to
act within the time periods provided in
Section
1127.401 of this Part. (Section 9(c) of FOIA)