Illinois Compiled Statutes
5 ILCS 140/9 (2026)
(a) Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial
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(5 ILCS 140/9)
(from Ch. 116, par. 209)
Sec. 9.
(a) Each public body denying a request
for public records shall notify the requester in writing
of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names
and titles or positions
of each person responsible for the denial. Each notice of denial by a public
body shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor. Each notice of denial shall inform such person of his right to judicial review under
Section 11 of this Act.
(b) When a request for public records is denied on the grounds that the
records are exempt under Section 7 of this Act, the notice of denial shall
specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority.
Copies of
all notices of denial shall be retained by each public body in a single
central office file that is open to the public and indexed according to
the type of exemption asserted and, to the extent feasible, according to
the types of records requested.
(c) Any person making a request for public records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the public body fails to act within the time periods provided in Section 3 of this Act. (Source: P.A. 96-542, eff. 1-1-10.)
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1997–2022 · leading case: Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999).
Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999). “Section 9(b) of the FOIA provides: "When a request for public records is denied on the grounds that the records are exempt under Section 7 of this Act, the notice of denial shall specify the exemption claimed to authorize the denial.”
Chicago All. for Neighborhood Saf. v. City of Chicago, 348 Ill. App. 3d 188 (Ill. App. Ct. 2004). “BACKGROUND Count I sought, pursuant to section 9(b) of the Act (5 ILCS 140/ 9(b) (West 2000)), a writ of mandamus directing defendants to maintain all notices of denial in a single central office file open to the public and indexed according to the type of exemption asserted…”
Turner v. Joliet Police Dep't, 2019 IL App (3d) 170819 (Ill. App. Ct. 2019). “5 ILCS 140/9(a) (West 2016). When the public body claims exemptions under FOIA's section 7, the denial notice must specify the exemption claimed and the specific reasons for the denial, including the factual basis and supporting legal citations.”
S. Illinoisan v. Illinois Dep't of Pub. Health, 844 N.E.2d 1 (Ill. 2006). “An individual has exhausted his or her administrative remedies with respect to the FOIA request if the head of the public body affirms the denial or fails to act within specified time limits.”
Illinois Educ. Ass'n v. Illinois State Bd. of Educ., 791 N.E.2d 522 (Ill. 2003). “2d at 408 ; 5 ILCS 140/9(b) (West 2000). Thereafter, if the party seeking disclosure of information under the Act challenges the public body’s denial in circuit court, the public body has the burden of proving that the records in question fall within the exemption it has claimed.”
Kibort v. Westrom, 862 N.E.2d 609 (Ill. App. Ct. 2007). “Count IV of plaintiffs complaint alleged that the Commission’s denial of his request violated section 9(b) of the Information Act (5 ILCS 140/9(b) (West 2004)) because it “failed to sufficiently cite sections of the Election Code that specifically prohibit from disclosure the…”
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008). “Count III alleged that the city had violated section 9(a) of the Act (5 ILCS 140/9(a) (West 2000)) because the city’s responses to his request failed to conform to the statutory requirements set forth therein.”
Lieber v. Bd. of Trs. of S. Illinois Univ., 680 N.E.2d 374 (Ill. 1997). “5 ILCS 140/9(b) (West 1994); American Federation of State, County & Municipal Employees, 136 Ill.”
BlueStar Energy Servs., Inc. v. Illinois Com. Comm'n, 871 N.E.2d 880 (Ill. App. Ct. 2007). “2d at 408 ; 5 ILCS 140/9(b) (West 2000). Thereafter, the party seeking disclosure of information under FOIA can challenge the public body’s denial in the circuit court.”
Chicago Tribune Co. v. The Dep't of Fin. & Prof'l Reg., 2014 IL App (4th) 130427 (Ill. App. Ct. 2014). “” ¶ 22 Section 9(a) of FOIA provides if a public body denies a request for public records, it must notify the requestor in writing and explain in detail the reasons for the denial.”
Better Gov't Ass'n v. Zaruba, 2014 IL App (2d) 140071 (Ill. App. Ct. 2014). “” ¶6 According to the complaint, in violation of section 9 of the FOIA (5 ILCS 140/9 (West 2012)), the sheriff’s response failed to state any statutory basis for denying the first, second, and fourth categories of requests; identify any FOIA exemption; include a detailed factual…”
Barner v. Fairburn, 2019 IL App (3d) 180742 (Ill. App. Ct. 2019). “” See 5 ILCS 140/9 (West 2018). Plaintiff alleged defendants failed to provide specific reasons for the denial of his request as required under FOIA.”
— 5 ILCS 140/9(a) — 6 cases
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008). “Count III alleged that the city had violated section 9(a) of the Act (5 ILCS 140/9(a) (West 2000)) because the city’s responses to his request failed to conform to the statutory requirements set forth therein.”
Turner v. Joliet Police Dep't, 2019 IL App (3d) 170819 (Ill. App. Ct. 2019). “5 ILCS 140/9(a) (West 2016). When the public body claims exemptions under FOIA's section 7, the denial notice must specify the exemption claimed and the specific reasons for the denial, including the factual basis and supporting legal citations.”
Chicago Tribune Co. v. The Dep't of Fin. & Prof'l Reg., 2014 IL App (4th) 130427 (Ill. App. Ct. 2014). “” ¶ 22 Section 9(a) of FOIA provides if a public body denies a request for public records, it must notify the requestor in writing and explain in detail the reasons for the denial.”
Nelson v. Cnty. of Kendall, 2013 IL App (2d) 120635 (Ill. App. Ct. 2013).
Shehadeh v. Downey, 2020 IL App (3d) 170158-U (Ill. App. Ct. 2020).
— 5 ILCS 140/9(b) — 20 cases
Duncan Publ'g, Inc. v. City of Chicago, 709 N.E.2d 1281 (Ill. App. Ct. 1999). “Section 9(b) of the FOIA provides: "When a request for public records is denied on the grounds that the records are exempt under Section 7 of this Act, the notice of denial shall specify the exemption claimed to authorize the denial.”
Chicago All. for Neighborhood Saf. v. City of Chicago, 348 Ill. App. 3d 188 (Ill. App. Ct. 2004). “BACKGROUND Count I sought, pursuant to section 9(b) of the Act (5 ILCS 140/ 9(b) (West 2000)), a writ of mandamus directing defendants to maintain all notices of denial in a single central office file open to the public and indexed according to the type of exemption asserted…”
S. Illinoisan v. Illinois Dep't of Pub. Health, 844 N.E.2d 1 (Ill. 2006). “An individual has exhausted his or her administrative remedies with respect to the FOIA request if the head of the public body affirms the denial or fails to act within specified time limits.”
Illinois Educ. Ass'n v. Illinois State Bd. of Educ., 791 N.E.2d 522 (Ill. 2003). “2d at 408 ; 5 ILCS 140/9(b) (West 2000). Thereafter, if the party seeking disclosure of information under the Act challenges the public body’s denial in circuit court, the public body has the burden of proving that the records in question fall within the exemption it has claimed.”
Kibort v. Westrom, 862 N.E.2d 609 (Ill. App. Ct. 2007). “Count IV of plaintiffs complaint alleged that the Commission’s denial of his request violated section 9(b) of the Information Act (5 ILCS 140/9(b) (West 2004)) because it “failed to sufficiently cite sections of the Election Code that specifically prohibit from disclosure the…”
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