TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.100 SUMMARY AND PURPOSE
Section 351.100 Summary and
Purpose
a) These rules are established to implement the provisions of the
Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et
seq.). The purpose of these rules is to support the policy of providing public
access to the public records in the possession of this Commission while, at the
same time, protecting legitimate privacy interests and maintaining
administrative efficiency.
b) These rules create a procedure by which the public may request
and obtain public records. Therefore, they are being filed in accordance with
Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat.
1991, ch. 127, par. 1005-15).
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.110 DEFINITIONS
Section 351.110 Definitions
a) Terms used in these rules shall have the same meaning as in
the Freedom of Information Act.
b) "FOIA" means the Freedom of Information Act.
c) "Freedom of Information Officer" means an individual
responsible for receiving and responding to requests for public records.
d) "Requestor" means a person who submits a request for
public records in accordance with these rules.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.200 PERSON TO WHOM REQUESTS ARE SUBMITTED
Section 351.200 Person to
Whom Requests are Submitted
Requests for public records
shall be submitted to the Freedom of Information Officer of this Commission.
Requests shall be submitted to the following address:
Douglas Pitchford
State's Attorneys Appellate Prosecutor
151 Bruns Lane, Suite 102
Springfield, Illinois 62702
ATTN: FOIA Request.
(Source: Amended at 16 Ill. Reg. 13229, effective August 17, 1992)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.210 FORM AND CONTENT OF REQUESTS
Section 351.210 Form and
Content of Requests
a) Requests must be made in accordance with the FOIA. Such
requests may be submitted on FOIA request forms provided by the Commission.
(See Appendix A to these rules).
b) The requestor shall provide the following information in a
request for public records:
1) The requestor's full name, address and phone number;
2) A description of the public records sought, being as specific
as possible;
3) Whether the request is for inspection of public records,
copies of public records, or both.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
SUBPART C: PROCEDURES FOR COMMISSION RESPONSE TO REQUESTS FOR PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.300 TIME FOR COMMISSION RESPONSE
Section 351.300 Time for
Commission Response
a) The Commission shall respond to a written request for public
records within 7 working days after the receipt of such request.
b) The Commission may give notice of an extension of time to
respond which does not exceed an additional 7 working days. Such an extension
is allowable if written notice is provided within the original 7 working day
time limit for the reasons provided in Section 3(d) of the FOIA. Such notice
of extension shall state the reasons why the extension is necessary and the
date by which the records will be made available or denial will be forthcoming.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.310 TYPES OF COMMISSION RESPONSES
Section 351.310 Types of
Commission Responses
a) The Commission shall respond to a request for public records
in one of three ways:
1) Approve the request;
2) Approve in part and deny in part;
3) Deny the request.
b) Upon approval of a request for public records, the Commission
may either make available the materials, give notice that the materials shall
be made available upon payment of allowable costs, or give notice of the time
and place for inspection of records.
c) A denial of a request for public records shall be made in
writing. It shall state the reasons for the denial in accordance with either
Section 3(f) or Section 7 of the FOIA and the names and titles of individuals
responsible for the decision. It shall also give notice of the requestor's
right to appeal to the Director of the Commission.
d) Categorical requests creating an undue burden upon the
Commission shall be denied only after extending to the requestor an opportunity
to confer in an attempt to reduce the request to manageable proportions in
accordance with Section 3(f) of the FOIA.
e) Failure to respond to a written request within 7 working days
will be considered by the requestor a denial of the request.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.400 APPEAL OF A DENIAL
Section 351.400 Appeal of a
Denial
a) A requestor whose request has been denied by the Freedom of
Information Officer may appeal the denial to the Director of the Commission.
The notice of appeal shall be made in writing and sent to:
Norbert J. Goetten
State's Attorneys Appellate Prosecutor
151 Bruns Lane, Suite 102
Springfield, Illinois 62702
ATTN: FOIA Appeal
b) The notice of appeal shall include a copy of the original
request, a copy of the denial received by the requestor, and a statement of the
reasons why the appeal should be granted,
(Source: Amended at 16 Ill. Reg. 13229, effective August 17, 1992)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.410 DIRECTOR'S RESPONSE TO APPEAL
Section 351.410 Director's
Response to Appeal
The Director shall respond to an
appeal within 7 working days after receiving notice thereof. The Director
shall either affirm the denial or provide access to the requested public
records.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.500 INSPECTION OF RECORDS AT COMMISSION OFFICES
Section 351.500 Inspection
of Records at Commission Offices
a) Unless otherwise agreed, the inspection of records shall take
place at the office of the Freedom of Information Officer during normal working
hours. For purposes of convenience, either the Commission or the requestor may
request that inspection take place in another Commission office location.
b) Documents which the requestor wishes to have copied shall be
segregated during the course of the inspection. Generally, all copying shall
be done by Commission employees.
c) An employee of the Commission may be present throughout the
inspection. A requestor may be prohibited from bringing bags, brief cases or
other containers into the inspection room.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.510 COPIES OF PUBLIC RECORDS
Section 351.510 Copies of
Public Records
a) Copies of public records shall be provided to the requestor
only upon payment of any charges which are due.
b) Charges for copies of public records shall be assessed in
accordance with the "Fee Schedule for Duplication of Public Records"
attached as Appendix B to these rules.
c) Charges may be waived or reduced in any case where the Freedom
of Information Officer determines that the waiver serves the public interest.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service Commission
to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate Prosecutor
pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill.
Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys Appellate
Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at 10 Ill.
Reg. 1664)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.520 GENERAL MATERIALS AVAILABLE FROM THE FREEDOM OF INFORMATION OFFICER
Section 351.520 General
Materials Available from the Freedom of Information Officer
The Freedom of Information
Officer shall make available to the public at no charge the following
materials:
a) A brief description of the organizational structure and budget
of the Commission;
b) A brief description of the means for requesting information
and public records; and
c) A list of types and categories of public records maintained by
the Commission.
(Source:
transferred from 2 Ill. Adm. Code 301 (State's Attorneys Appellate Service
Commission to 2 Ill. Adm. Code 351 Office of the State's Attorneys Appellate
Prosecutor pursuant to Section 5-80(d) of the Illinois Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80(d)) and the State's Attorneys
Appellate Prosecutor's Act (Ill. Rev. Stat. 1991, ch. 14, par. 201 et seq.) at
10 Ill. Reg. 1664)
Section 351.APPENDIX A Request for Public Records
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX B FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS
Section 351.APPENDIX B Fee
Schedule for Duplication of Public Records
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Type
of Duplication
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Per
Copy Charge
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Paper copy from paper original
(possibly different charges
for different sizes)
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$ .10
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Paper copy from computer
original
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.20
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Certification of Public
Records
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.50
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Some records possessed by the
Commission are in book or pamphlet form. A charge may be assessed for such
materials based upon the cost of such materials incurred by the Commission.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX C APPROVAL OF REQUEST FOR PUBLIC RECORDS
Section 351.APPENDIX C Approval
of Request for Public Records
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TO:
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FROM:
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Name
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FOI Officer
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Address
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Commission
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Address
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Phone Number
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DESCRIPTION OF REQUESTED
RECORD(S):
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Your request dated ___________
for the above captioned records has been approved.
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The documents you requested
are enclosed.
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The documents will be made
available upon payment of copying costs in the amount of _______________.
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You may inspect the records
at:
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on
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.
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date
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FOI
Officer
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Date
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX D DENIAL OF REQUEST FOR PUBLIC RECORDS
Section 351.APPENDIX D Denial
of Request for Public Records
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TO:
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FROM:
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Name
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FOI Officer
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Address
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Commission
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Address
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Phone Number
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DESCRIPTION OF REQUESTED
RECORD(S):
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Your request dated:
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for the above captioned
records has been denied.
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The request creates an undue
burden on the public body in accordance with Section 3(f) of the Freedom of
Information Act, and we were unable to negotiate a more reasonable request.
Compliance with the request would cause an undue burden on the Commission for
the following reason(s):
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The materials requested are
exempt under Section 7 of the Freedom of Information Act for the following
reasons:
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The individuals who have
reached the determination that the records you have requested are to be
denied are:
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1.)
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2.)
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You have the right to appeal
the denial of the records you have requested to the Director of this
Commission by submitting a written notice of appeal to:
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Norbert J.
Goetten, Director
State's
Attorneys Appellate Prosecutor
151 Bruns
Lane, Suite 102
Springfield,
Illinois 62702
ATTN: FOIA
Appeal
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(Source: Amended at 16 Ill. Reg. 13229, effective August 17, 1992)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX E PARTIAL APPROVAL OF REQUEST FOR PUBLIC RECORDS
Section 351.APPENDIX E Partial
Approval of Request for Public Records
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TO:
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FROM:
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Name
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FOI Officer
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Address
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Commission
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Address
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Phone Number
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DESCRIPTION OF REQUESTED RECORD(S):
Your request dated ______________ for the above captioned
records has been partially approved. Those parts of your request which have
been approved:
are enclosed.
will be made available upon payment of copying costs in the amount of
___________.
may inspect the records at __________________ on _______________.
date
The following portions of your request have been denied for
the reason(s) cited:
1.
2.
You have the right to appeal the
denial of the records you have requested to the Director of this Commission by
submitting a written notice of appeal to:
Norbert J.
Goetten, Director
States
Attorneys Appellate Prosecutor
151 Bruns
Lane, Suite 102
Springfield,
Illinois 62702
(Source: Amended at 16 Ill. Reg. 13229, effective August 17, 1992)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX F DEFERRAL OF RESPONSE TO REQUEST FOR PUBLIC RECORDS
Section 351.APPENDIX F Deferral
of Response to Request for Public Records
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TO:
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FROM:
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Name
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FOI Officer
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Address
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Commission
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Address
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Phone Number
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DESCRIPTION OF REQUESTED RECORD(S):
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Your request dated
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for the above captioned
records must be delayed. The
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delay in responding to your
request is for the following reason(s):
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(Provide reason for delay in
accordance with Section 3(d) of the FOIA.)
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You will be notified by
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(date) as to the action taken
on your request.
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FOI
Officer
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Date
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| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER III: OFFICE OF THE STATE'S ATTORNEYS APPELLATE PROSECUTOR
PART 351
FREEDOM OF INFORMATION
SECTION 351.APPENDIX G FOR APPEAL DIRECTOR'S RESPONSE
Section 351.APPENDIX G For
Appeal Director's Response
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TO:
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FROM:
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Name
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FOI Officer
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Address
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Commission
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Address
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Phone Number
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DESCRIPTION OF REQUESTED RECORD(S):
Noted below is the action I have
taken on your appeal from the denial of your request for the above captioned
records:
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I hereby approve your appeal
to the following extent and for the following reason(s):
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I affirm the denial of your
request made by the Freedom of Information Officer.
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You are entitled to judicial
review of any denial pursuant to Section 11 of the Freedom of Information Act.
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