Section 1376.160  Appeal Procedures of a Denied Request

a)         A requestor whose request has been denied may appeal the denial to the Adjutant General of the Department of Military Affairs.  (Appendix B)

1)         The notice of appeal shall be in writing and sent to:

            Department of Military Affairs

            ATTN:  The Adjutant General

            1301 N. MacArthur Blvd.

            Springfield, IL  62702-2399

2)         The notice of appeal shall include:

A)        A copy of the original request;

B)        A copy of the denial received by the requestor; and

C)        A statement of the reasons why the appeal should be granted.

b)         The Adjutant General shall respond to this appeal within seven (7) working days after receiving notice of appeal; however, failure to respond within allotted time may be considered by the requestor an affirmation of the denial.

1)         The Adjutant General shall either affirm the denial in whole or in part; or

2)         The Adjutant General shall provide access to the requested public records.

c)         A requestor may file suit in circuit court for injunctive or declaratory relief where a denial is affirmed by the Adjutant General.