FOIA section 3(d)
FOIA5 ILCS 140/3(d). Section 3 overview: The Act's workhorse section: public bodies must make records available on request; requests can be submitted in writing by mail, personal delivery, fax, or other means the body accepts; and -- critically -- a body generally has 5 business days to comply or deny (extendable by 5 more business days in specific circumstances). This is the section most PAC disputes about late or incomplete responses turn on.
6 issues across 6 determination letters:4 violation found · 2 no violation.
Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.
Authorities the Bureau cites most on this issue
- Athletic event ticket proceeds records (Pub. Acc. Op. No. 14-007) cited 1 times
How to challenge a denial on this issue
AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.
When a challenge is strong
- The public body placed your request on an indefinite waitlist without a definite timeline or a proper extension under section 3(e). Section 3(d) requires the public body to promptly comply with or deny a request within 5 business days, unless it properly extends the time. An indefinite waitlist does not satisfy this requirement.Based on: n.d. · Police dashcam and body-camera fo…
- The public body failed to respond to your request within 5 business days and did not issue a proper extension under section 3(e). Section 3(d) requires a public body to promptly comply with or deny a request within 5 business days, unless extended. A failure to do so violates the Act.Based on: n.d. · A forensic interview report in a …
- The public body missed the FOIA response deadline and then denied your request as unduly burdensome. An untimely response waives the public body's ability to treat the request as unduly burdensome.Based on: n.d. · Emails between police officials a…
- The public body missed the response deadline and later attempted to charge you a fee for copies. A public body that fails to respond or extend within the required time may not impose a fee for copies later provided.Based on: n.d. · In-car traffic stop video footage…
When the public body usually wins
- The public body issued its final response within an extended deadline and can provide evidence such as a transmittal email or FOIA management software log. A timely final response within the extended deadline, supported by evidence, complies with the Act.Based on: n.d. · A city's email correspondence wit…
- You indicated flexibility about the timeline for the response, and the public body relied on that flexibility. A requester's expression of flexibility as to time extends the response deadline, making a later response timely.Based on: n.d. · Documents about a city's property…
Points to put in your letter
- If the public body placed your request on an indefinite waitlist, state that section 3(d) requires a response within 5 business days unless properly extended, and an indefinite waitlist is not a valid extension.Based on: n.d. · Police dashcam and body-camera fo…
- If the public body did not respond within 5 business days and did not extend the time, point out that the law requires prompt compliance or denial within that period.Based on: n.d. · A forensic interview report in a …
- If the public body missed the deadline and then claimed your request was unduly burdensome, argue that the untimely response waives that objection.Based on: n.d. · Emails between police officials a…
- If the public body missed the deadline and later charged a fee, argue that the untimely response bars any copying fee.Based on: n.d. · In-car traffic stop video footage…
Common mistakes
- Assuming that an indefinite waitlist is a permissible way for a public body to handle a request.Based on: n.d. · Police dashcam and body-camera fo…
- Believing that a public body can still deny a request as unduly burdensome even if it missed the response deadline.Based on: n.d. · Emails between police officials a…
- Thinking that a public body can charge copying fees regardless of whether it met the response deadline.Based on: n.d. · In-car traffic stop video footage…
- Not realizing that expressing flexibility about the timeline can extend the deadline and make a later response timely.Based on: n.d. · Documents about a city's property…
Facts to gather first
- The date you submitted the FOIA request.
- The date of any response or the fact that no response was received within 5 business days.
- Any written communication from the public body about an extension, waitlist, or denial.
- Any statement you made indicating flexibility about the timeline.
- Any fee invoice or demand for copying costs.
These notes are based on non-binding determination letters from the Public Access Bureau; outcomes depend on specific facts, and you should verify the full PDF of any cited decision.
Drafting brief for an AI assistant
Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-3-d.json.
Violation found (4)
Improper response process for video requests under section 3(d)
Rule: Section 3(d) requires a public body to promptly comply with or deny a request within 5 business days, unless properly extended under section 3(e).
Violation found A forensic interview report in a child sexual abuse investigation · October 5, 2023
Indefinite waitlist extension for video recordings
Rule: A public body may not place a FOIA request on an indefinite waitlist; it must comply, deny, or obtain written consent for a longer extension.
Violation found Police dashcam and body-camera footage of a traffic stop · May 6, 2024
Untimely response waives unduly burdensome denial
Rule: A public body that fails to respond within the FOIA deadline may not treat the request as unduly burdensome.
Violation found Emails between police officials about traffic stops · March 8, 2023
Untimely response bars copying fee
Rule: A public body that fails to respond or extend within the required time may not impose a fee for copies later provided.
Violation found In-car traffic stop video footage on DVD · February 21, 2018
No violation (2)
Timeliness of City's final response
Rule: The City issued a timely final response on May 1, 2023, within the extended deadline, as evidenced by the transmittal email and FOIA management software.
No violation A city's email correspondence with union addresses · May 23, 2024
Timeliness of City's response to FOIA request
Rule: A requester's expression of flexibility as to time extends the response deadline, making the public body's later response timely.
No violation Documents about a city's property acquisition for a Dollar General store · January 8, 2019