Sec. 11.6. Noncompliance with binding opinion.

213 words·~1 min read·/il/chapter-5/act-140/11-6

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(a)The requester may file an action under Section 11 and there shall be a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act for purposes of subsection

(j)of Section 11 if:

(1)the Attorney General issues a binding opinion pursuant to Section 9.5;

(2)the public body does not file for administrative review of the binding opinion

within 35 days after the binding opinion is served on the public body; and

(3)the public body does not comply with the binding opinion within 35 days after the

binding opinion is served on the public body.

For purposes of this subsection (a), service of the binding opinion shall be by personal delivery or by depositing the opinion in the United States mail as provided in Section 3-103 of the Code of Civil Procedure.

(b)The presumption in subsection

(a)may be rebutted by the public body showing that it is making a good faith effort to comply with the binding opinion, but compliance was not possible within the 35-day time frame.

(c)This Section applies to binding opinions of the Attorney General requested or issued on or after the effective date of this amendatory Act of the 99th General Assembly.