Ill. Admin. Code tit. 2, § 1101.405 – Requests for Records that the Agency Considers Unduly Burdensome | Midpage
§ 1101.405
Ill. Admin. Code tit. 2, § 1101.405
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], implementing Section 12-13 of the Public Aid Code [305 ILCS 5] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100].DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
a) The Agency will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden the Agency, there is no way to narrow the request, and the burden on the Agency outweighs the public interest in the information. Before invoking this exemption, the Agency 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 the Agency 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 the Agency. 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 FOIA shall be deemed unduly burdensome. (Section 3(g) of FOIA)