Ill. Admin. Code tit. 2 § 1301.402

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1301.402 - Requests for Records that the Agency Considers Unduly Burdensome

a) The Agency will fulfill requests calling for all records falling within a category unless compliance with the request would be unduly burdensome for 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 responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described in subsection (a) of this Section are met, the Agency 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. Such a 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 the same 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)

Ill. Admin. Code tit. 2, § 1301.402

Added at 35 Ill. Reg. 6066, effective March 25, 2011

Amended at 48 Ill. Reg. 10197, effective 6/28/2024