FOIA section 9.5(a)

FOIA

5 ILCS 140/9.5(a). Section 9.5 overview: Sets up the Public Access Counselor (PAC) review process: a requester who was denied can file a “Request for Review” with the Attorney General's office within 60 days, and the PAC can issue either a non-binding determination letter or, in some cases, a binding Public Access Opinion.

4 issues across 4 determination letters:1 no violation · 3 no determination / resolved.

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 Determination letters are not binding precedent.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

Records on the Illinois Impact Incarceration Program (Pub. Acc. Op. No. 18-007) cited 1 times

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-9-5-a.json.

TOPIC: 5 ILCS 140/9.5(a)
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/foia-9-5-a/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

NO VIOLATION (1):
- Timeliness of Request for Review under section 9.5(a)
  Rule: A Request for Review filed within 60 days of the denial of the current FOIA request is timely, even if an earlier similar request was denied and not appealed.
  Decision: Communications about scheduling make-up school days (non-binding determination letter, September 11, 2023) https://illinoisfoia.org/opinions/letter-58746/

NO DETERMINATION / RESOLVED (3):
- Prematurity of request for review
  Rule: A request for review is premature if the public body has not yet denied the FOIA request when the request for review is filed.
  Decision: Whether a requester may verify personhood in writing or orally (non-binding determination letter, June 30, 2026) https://illinoisfoia.org/opinions/letter-94590/
- Request for FOIA violation finding due to late response
  Rule: The Public Access Bureau may only find a FOIA violation when a requester submits a Request for Review under section 9.5(a) of FOIA, which was not done here.
  Decision: Restriction of public comment at a library board meeting (non-binding determination letter, August 27, 2024) https://illinoisfoia.org/opinions/letter-79396/
- FOIA officer training compliance
  Rule: The Public Access Bureau lacks authority to review whether FOIA officers complied with training requirements, but may provide advice and education.
  Decision: A village employee's timesheets, expense reports, and economic interest statements (non-binding determination letter, December 17, 2024) https://illinoisfoia.org/opinions/letter-83586/

MOST-CITED AUTHORITIES: Ill. Att'y Gen. Pub. Acc. Op. No. 18-007

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

No violation (1)

Timeliness of Request for Review under section 9.5(a)
Rule: A Request for Review filed within 60 days of the denial of the current FOIA request is timely, even if an earlier similar request was denied and not appealed.
No violation Communications about scheduling make-up school days · September 11, 2023

No determination / resolved (3)

Prematurity of request for review
Rule: A request for review is premature if the public body has not yet denied the FOIA request when the request for review is filed.
No determination / resolved Whether a requester may verify personhood in writing or orally · June 30, 2026
Request for FOIA violation finding due to late response
Rule: The Public Access Bureau may only find a FOIA violation when a requester submits a Request for Review under section 9.5(a) of FOIA, which was not done here.
No determination / resolved Restriction of public comment at a library board meeting · August 27, 2024
FOIA officer training compliance
Rule: The Public Access Bureau lacks authority to review whether FOIA officers complied with training requirements, but may provide advice and education.
No determination / resolved A village employee's timesheets, expense reports, and economic interest statements · December 17, 2024