Ill. Admin. Code tit. 2, § 775.100
Appeal of Denial of Request
Effective Sep 21, 19848 Ill. Reg. 17275AUTHORITY: Subpart A: Implementing the Illinois Constitution, Articles 5, 8 and 13, the State Records Act (Ill. Rev. Stat. 1983, ch. 116, pars. 43.4 et seq.), the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, pars. 41 et seq.), the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1001-1 et seq.) and the Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.) and authorized by "AN ACT creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named" (Ill. Rev. Stat. 1983, ch. 23, pars. 5001 et seq.), the Child Care Act of 1969 (Ill. Rev. Stat. 1983, ch. 23, pars. 2211 et seq.) and the Abused and Neglected Child Reporting Act (Ill. Rev. Stat. 1983, ch. 23, pars. 2051 et seq.); Subpart B: Implementing and authorized by "AN ACT creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named" (Ill. Rev. Stat. 1983, ch. 23, pars. 5001 et seq.) and Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15); Subpart C: Implementing and authorized by Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15).DEPARTMENT OF CHILDREN AND FAMILY SERVICES
- 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)