§ 35.41 NOTICE OF DENIAL OF REQUEST; REQUEST FOR REVIEW.
   (A)   The FOIA Officer, when denying a request for public record, shall notify the requestor, by letter, of the decision to deny the information, the reason 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.
   (B)   Each notice of denial by the FOIA Officer shall inform the person of the right to review by the public access counselor and provide the address and phone number for the public access counselor.
   (C)   Each notice of denial shall also inform such person of his or her right to judicial review in accordance with § 11 of the Freedom of Information Act.
   (D)   When a request is denied on the grounds that the records are exempt under the provisions of this subchapter, the notice of denial shall specify the exemption claimed to authorize the denial and briefly explain how the exemption applies to the specified records withheld.
   (E)   Copies of all notices of denials shall be retained by the village 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.
   (F)   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 village fails to act within the time periods provided in §§ 35.37 and 35.38 of this chapter.
(Prior Code, § 40.012) (Ord. 2010-001, passed 1-4-2010)