2 Ill. Adm. Code 1301.404
Denials of Requests for Records
Section 1301.404Â Denials of
Requests for Records
a)Â Â Â Â Â Â Â Â The Agency will 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 1301.402, 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 1301.202 or 1301.203.
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 public 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
1301.401(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 public 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 1301.401. (Section 9(c) of
FOIA)