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Illinois FOIA & OMA Reference

FOIA section 3(d)

FOIA

5 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 Determination letters are not binding precedent.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

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 Determination letters are not binding precedent and this is not legal advice.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

Common mistakes

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)

No violation (2)