Submit written request to the public body — Requester (any person) · obligation (§ 3(c))
“Requests for inspection or copies shall be made in writing and directed to the public body.”
Forward request to FOIA officer immediately — Public body (through its Freedom of Information officer or designee) · obligation (§ 3(c))
“All requests for inspection and copying received by a public body shall immediately be forwarded to its Freedom of Information officer or designee.”
Offer requester a chance to narrow request — Public body (through its Freedom of Information officer or designee) · obligation (§ 3(g))
“Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions.”
Comply, deny, or extend response time — Public body (through its Freedom of Information officer or designee) · within 5 business days · obligation (§ 3(d))
“Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request”
Notify requester of extension reasons and date — Public body (through its Freedom of Information officer or designee) · obligation (§ 3(f))
“When additional time is required for any of the above reasons, the public body shall, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.”
Comply or deny by the extended date — Public body (through its Freedom of Information officer or designee) · within 5 business days · obligation (§ 3(e))
“The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date”
Provide copies, certified if requested — Public body (through its Freedom of Information officer or designee) · obligation (§ 3(b))
“each public body shall promptly provide, to any person who submits a request, a copy of any public record required to be disclosed by subsection (a) of this Section and shall certify such copy if so requested”
Send written denial with reasons and rights — Public body (through its Freedom of Information officer or designee) · obligation (§ 9(a))
“Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons 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.”
File signed written request for PAC review — Requester (any person) · within 60 days · right (§ 9.5(a))
“The request for review must be in writing, signed by the requester, and include (i) a copy of the request for access to records and (ii) any responses from the public body.”
Decide whether further action is warranted — Public Access Counselor, Office of the Attorney General · obligation (§ 9.5(c))
“Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted.”
Forward review request; specify records needed — Public Access Counselor, Office of the Attorney General · within 7 business days · obligation (§ 9.5(c))
“the Public Access Counselor shall forward a copy of the request for review to the public body within 7 business days after receipt and shall specify the records or other documents that the public body shall furnish to facilitate the review”
Furnish specified records; cooperate with PAC — Public body (through its Freedom of Information officer or designee) · within 7 business days · obligation (§ 9.5(c))
“the public body shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor”
Subpoena records for the review — Public Access Counselor, Office of the Attorney General · permission (§ 9.5(c))
“If a public body fails to furnish specified records pursuant to this Section, or if otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to a request for review of a denial of access to records under the Act.”
Answer allegations by letter, brief, or memorandum — Public body (through its Freedom of Information officer or designee) · within 7 business days · permission (§ 9.5(d))
“the public body may, but is not required to, answer the allegations of the request for review”
Forward redacted answer to requester — Public Access Counselor, Office of the Attorney General · obligation (§ 9.5(d))
“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.”
Reply in writing; copy the public body — Requester (any person) · within 7 business days · permission (§ 9.5(d))
“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 public body.”
Resolve review by opinion or mediation — Public Access Counselor, Office of the Attorney General · within 60 days · obligation (§ 9.5(f))
“the Attorney General shall examine the issues and the records, shall make findings of fact and conclusions of law”
Comply immediately or seek administrative review — Public body (through its Freedom of Information officer or designee) · obligation (§ 9.5(f))
“the public body shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 11.5”
Seek administrative review under Section 11.5 — Requester (any person) · permission (§ 9.5(f))
“If the opinion concludes that no violation of the Act has occurred, the requester may initiate administrative review under Section 11.5.”