FOIA section 9(a)
FOIA5 ILCS 140/9(a). Section 9 overview: When a public body denies a request, the denial must be in writing, must give a detailed factual basis for whichever exemption it's claiming (not just cite the letter), must name who made the decision, and must tell the requester about their right to go to the Public Access Counselor or to court.
4 issues across 4 determination letters:3 violation found · 1 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 Determination letters are not binding precedent.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
- Redacted portions of letters deemed outside scope (Pub. Acc. Op. No. 12-009) cited 1 times
- Kenyon v. Garrels, 184 Ill. App. 3d 28 (4th Dist. 1989) 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-a.json.
Violation found (3)
Denial notice failed to comply with section 9(a)
Rule: A public body denying a FOIA request must notify the requester of the reasons for denial, the exemption claimed, a detailed factual basis, and the names and titles of responsible persons.
Violation found Application materials for a housing development assessment · June 24, 2024
Department improperly redacted responsive record
Rule: A public body denying a request must provide a detailed factual basis for any exemption claimed and bears the burden of proving the exemption by clear and convincing evidence.
Violation found A summary of responses to an Invitation for Proposals · May 25, 2023
Whether the denial letter complied with section 9(a) name and title requirements
Rule: Section 9(a) requires a public body to identify the person responsible for a denial by name and title; 'Legislative Reference Bureau' does not satisfy this requirement.
Violation found A legislative reference bureau's denial letter · December 11, 2023
No violation (1)
No expense reports or reimbursement requests
Rule: A public body need not provide a denial notice for records it does not maintain, and searching for non-existent records would be futile.
No violation A village employee's timesheets, expense reports, and economic interest statements · December 17, 2024