Section 775.100  Appeal of Denial of Request

a)         Any person denied access to records and other information maintained by the Department may appeal the denial in writing to the Director of the Department.  Upon receipt of the written appeal, the Director or designee shall review the material in question and determine whether access was denied justifiably under law.  The person making the appeal shall be notified of such determination in writing, including reasons for the denial, within 7 working days of receipt of the written appeal.

b)         If the Director of the Department upholds the decision to deny access to the materials requested, or if the Director fails to respond to the written notice of appeal within the specified period, the person making the appeal will be considered to have exhausted his or her administrative remedies in the matter and may file suit for relief in the circuit court of Sangamon County, where the Department maintains its principal administrative offices, or in the county of residence of the person making the original request.

(Source:  Former Section 775.100 renumbered to Section 775.110, new Section 775.100 renumbered from former Section 775.90 and amended at 8 Ill. Reg. 17275, effective September 21, 1984)