Title 2 IDES RULES Part 1301
R-12 (05/11)
k) If the Agency discloses records in accordance with an opinion of the Attorney General, the Agency is immune from
all liabilities by reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)
l) If the requester files suit under Section 1301.406 with respect to the same denial that is the subject of a pending
request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall so
notify the Agency. (Section 9.5(g) of FOIA)
m) The Attorney General may also issue advisory opinions to the Agency regarding compliance with FOIA. A review
may be initiated upon receipt of a written request from the Director of the Agency or the Agency's Chief Legal
Counsel, which shall contain sufficient accurate facts from which a determination can be made. The Public Access
Counselor may request additional information from the Agency in order to assist in the review. If the Agency relies
in good faith on an advisory opinion of the Attorney General in responding to a request, the Agency is not liable for
penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to
the Public Access Counselor. (Section 9.5(h) of FOIA)
(Source: Added at 35 Ill. Reg. 6066, effective March 25, 2011)
Section 1301.406 Circuit Court Review
A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for
the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.
(Source: Added at 35 Ill. Reg. 6066, effective March 25, 2011)
Section 1301.407 Administrative Review
A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for
purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III]. An action for administrative
review of a binding opinion of the Attorney General shall be commenced in Cook County or Sangamon County. An advisory
opinion issued to the Agency shall not be considered a final decision of the Attorney General for purposes of this Section.
(Section 11.5 of FOIA)
(Source: Added at 35 Ill. Reg. 6066, effective March 25, 2011)
Section 1301.410 Appeal of a Denial (Repealed)
(Source: Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)
Section 1301.420 Director's Response to Appeal (Repealed)
(Source: Repealed at 35 Ill. Reg. 6066, effective March 25, 2011)
SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS
Section 1301.510 Inspection of Records
a) The Agency may make available records for personal inspection at the Agency's headquarters office located at 33 S.
State St., Chicago, Illinois, or at another location agreed to by both the Agency and the requester. No original record
shall be removed from State-controlled premises except under constant supervision of the agency responsible for
maintaining the record. The Agency may provide records in duplicate forms, including, but not limited to, paper
copies, data processing printouts, videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer
disks and diazo.
b) When a person requests a copy of a record maintained in an electronic format, the Agency will furnish it in the
electronic format specified by the requester, if feasible. If it is not feasible to furnish the records in the specified
electronic format, then the Agency will furnish it in the format in which it is maintained by the Agency, or in paper
format at the option of the requester. (Section 6(a) of FOIA)
