Ill. Admin. Code tit. 2, § 76.405 – Requests for Records that the Agency Considers Unduly Burdensome | Midpage
§ 76.405
Ill. Admin. Code tit. 2, § 76.405
Requests for Records that the Agency Considers Unduly Burdensome
AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140/3(h)] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].JOINT COMMITTEE ON ADMINISTRATIVE RULES
a) JCAR will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden JCAR, there is no way to narrow the request, and the burden on JCAR outweighs the public interest in the information. Before invoking this exemption, JCAR will extend to the requester an opportunity to confer with it in an attempt to reduce the request to manageable proportions. (Section 3(g) of FOIA) The amended request must be in writing.
b) If JCAR determines that a request is unduly burdensome, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of JCAR. The response shall be treated as a denial of the request for information. (Section 3(g) of FOIA)
c) Repeated requests from the same person for records that are unchanged or identical to records previously provided or properly denied under this Part shall be deemed unduly burdensome. (Section 3(g) of FOIA)