Section 651.450  Requests for Review of Denials − Public Access Counselor

a)         A person whose request to inspect or copy a record is denied by the Office of the Treasurer may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. (Section 9.5(a) of FOIA)

b)         A person whose request to inspect or copy a public record is made for a commercial purpose as defined in subsection (c-10) of Section 2 of FOIA or Section 651.120 may not file a request for review with the Public Access Counselor. A person whose request to inspect or copy a public record was treated by the public body as a request for a commercial purpose under Section 3.1 of FOIA or Section 651.330 may file a request for review with the Public Access Counselor for the limited purpose of reviewing whether the public body properly determined that the request was made for a commercial purpose. (Section 9.5(b) of FOIA)

c)         Within 7 business days after the Office of the Treasurer receives a request for review from the Public Access Counselor, the Office of the Treasurer shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)

d)         Within 7 business days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the Office of the Treasurer may, but is not required to, answer the allegations of the request for review.  The answer may take the form of a letter, brief, or memorandum.  The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. (Section 9.5(d) of FOIA)

e)         The requester may, but is not required to, respond in writing to the answer within 7 business days and shall provide a copy of the response to the Office of the Treasurer. (Section 9.5(d) of FOIA)

f)         In addition to the request for review, and the answer and response thereto, if any, a requester or the Office of the Treasurer may furnish affidavits or records concerning any matter germane to the review. (Section 9.5(e) of FOIA)

g)         A binding opinion from the Attorney General shall be binding upon both the requester and the Office of the Treasurer, subject to administrative review under Section 651.470. (Section 9.5(f) of FOIA)

h)         If the Attorney General decides to exercise his or her discretion to resolve a request for review by mediation or by a means other than issuance of a binding opinion, the decision not to issue a binding opinion shall not be reviewable. (Section 9.5(f) of FOIA)

i)          Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the Office of the Treasurer shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 651.470.  If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 651.470. (Section 9.5(f) of FOIA)

j)          If the Office of the Treasurer discloses records in accordance with an opinion of the Attorney General, the Office of the Treasurer is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)

k)         If the requester files suit under Section 651.460 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall so notify the Office of the Treasurer. (Section 9.5(g) of FOIA)

l)          The Attorney General may also issue advisory opinions to the Office of the Treasurer regarding compliance with FOIA.  A review may be initiated upon receipt of a written request from the Treasurer or the Office of the Treasurer's General Counsel, which shall contain sufficient accurate facts from which a determination can be made.  The Public Access Counselor may request additional information from the Office of the Treasurer in order to assist in the review.  If the Office of the Treasurer relies in good faith on an advisory opinion of the Attorney General in responding to a request, the Office of the Treasurer is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.  (Section 9.5(h) of FOIA)

m)        A person whose request to inspect or copy a public record was treated by the Office of the Treasurer as a voluminous request under Section 3.6 of FOIA or Section 651.350 of this Part may file a request for review with the Public Access Counselor for the purpose of reviewing whether the public body properly determined that the request was a voluminous request.  (Section 9.5(b-5) of FOIA)

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)