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title-1•Title 1 Ill. Adm. Code — General Provisions
This Part describes the procedures involved in promulgating rules in codified form, including both Illinois Register publication and filing requirements. All rules filed with the Index Department must be in compliance with the rulemaking system described within this Part pursuant to Article 5 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1007). [5 ILCS 100/1-1]
History
The following definitions shall apply to this Part:
"Act": The Illinois Administrative Procedure Act [5 ILCS 100]. Also referred to as the IAPA.
"Administrative Code Division": A division of the Index Department of the Office of Secretary of State which coordinates the codification process, maintains the official file of rules of the state's agencies, and publishes the Illinois Register and the Illinois Administrative Code.
"Agency": Agency means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. [5 ILCS 100/1-20]
"Agreements": All changes made by agreement between an agency and the Joint Committee on Administrative Rules during the second notice period.
"Amendment": A change to a Section including added language, deleted language and/or renumbering. A Part is also amended by the addition or repeal of a Section.
"Appendix": Supplementary material to the Part such as diagrams, charts, maps, and explanatory information. Such material appears at the end of the Part and is labeled with capital letters. A maximum of 10 Appendices, Tables, Exhibits or Illustrations may be used per Part. The use of such material is discouraged and should be used only when absolutely necessary. Exhibits, Illustrations, and Tables may also appear as subsections of one another or of an Appendix.
"Authority": The right or power to promulgate rules. Such authority appears in the Illinois Compiled Statutes or in an Executive Order of the Governor. (See Section 100.320)
"Authority Note": The paragraph appearing after a Part's table of contents which cites the statutes the Part is implementing, and the statutes that give the agency the authority to promulgate rules. (See Section 100.320)
"Camera-Ready Copy": A clear, legible, original document which is clear and legible when reproduced. A document is camera-ready when it is clearly typed in solid black ink on one side of an 8 1/2 by 11 inch sheet of white paper.
"Certificate of Expedited Correction": The certificate issued by the Joint Committee on Administrative Rules to the Index Department certifying that an adopted rule has been corrected pursuant to Article 5 of the Act. [5 ILCS 100/5-85] (See Appendix B, Illustration I)
"Certificate of Review and Approval": The Certificate issued to an agency for a Part, amendments to a Part, or a repeal of a Part stating that the Section(s) within a Part has been reviewed by the Administrative Code Division and that the Part meets the specifications of the Illinois Administrative Procedure Act. (The Certificate is filed in the Index Department with the adopted rules.) (See Section 100.550 and 100.Appendix E, Illustration C)
"CFR": The abbreviation used to designate the Code of Federal Regulations, the publication containing the rules of federal agencies and which is updated by the Federal Register (FR).
"Chapter": A division of the Illinois Administrative Code; designation for broad subject areas consisting of the Chapter Number from the Illinois Compiled Statutes.
"Citation": The citation of a State or federal rule containing the information necessary for the reader to locate the rule in the Code of Federal Regulations or the Federal Register, the Illinois Administrative Code or the Illinois Register.
"Code": The Illinois Administrative Code (abbreviated "ILAC").
"Code Citation": A citation to the Illinois Administrative Code. Such citation contains the Chapter number, the Code abbreviation (ILAC) and the Part or Section number and/or other unit of the Code and its label. (See Section 100.370)
"Codification": Assigning a numbering system to rules which meets the criteria set forth in the Act and this Part.
"Cover Letter": The letter which must accompany all documents submitted to the Index Department for filing and/or publication. Such letter must detail the documents which it accompanies with specific instructions for the Index Department's handling of the material (e.g., including but not limited to, whether the material is to be published in the Register, filed as adopted or reviewed by the Index Department's staff).
"Emergency Rule": A rule (or amendment or repealer) adopted without prior notice or hearing due to a situation which the agency finds constitutes a threat to the public interest, safety or welfare. Emergency rules expire 150 days after filing and may not be adopted more than once in a 24-month period except as specified in Section 5-45 of the Act. (See 1 Ill. Adm. Code 100.Subpart F)
"Expedited Correction": A correction of the text of a rule adopted by an agency and filed with the Secretary of State effectuated pursuant to Section 5-85(b) of the Act.
"General Act": A division of the Illinois Administrative Code and a division of the Illinois Compiled Statutes.
"General Assembly": The Illinois Senate and the House of Representatives and their respective committees.
"Heading": The name of a division in Illinois of the Code (for example, the heading for this Part is "Rulemaking" (see Section 100.130)).
"Illinois Administrative Procedure Act": See "Act"
"Illinois Compiled Statutes": The laws of Illinois as codified pursuant to Section 5.04 of the Legislative Reference Bureau Act [25 ILCS 135/5.04] (abbreviated "ILCS").
"Illinois Register": The weekly publication which contains the rulemaking activity of State agencies, JCAR notices, the Governor's Executive Orders and Proclamations and other materials required by statute (abbreviated "Ill. Reg."). Also referred to as "Register."
"Illinois Revised Statutes": The laws of Illinois as codified (abbreviated "Ill. Rev. Stat."). This citation was used for statute citations prior to the recodification to ILCS.
"Implemented Statutes": Those laws contained in the Illinois Compiled Statutes which an agency promulgates rules to supplement or further define. (See Section 100.320)
"JCAR": The abbreviation for the Joint Committee on Administrative Rules, the legislative support services agency responsible for reviewing current rules of State agencies as well as all rulemaking action.
"Label": The number or letter assigned to the divisions of the Code.
"LIS": The abbreviation for the Legislative Information System, the agency responsible for the data processing requirements of the General Assembly.
"Main Source Note": The paragraph following the Part's authority note which traces the history of the Part. (See Section 100.330)
"Notice of Recodification": The Notice published in the Illinois Register when an existing Part's number is changed but the text remains the same, portions of a Part are renumbered, including splitting one Section into two or more Sections or combining two or more Sections into one Section, or an entire Part is renumbered without changing substantive text. (See also "Recodification")
"P.A.": The abbreviation for Public Act, a law enacted by the Illinois General Assembly.
"P.L.": The abbreviation for Public Law, a law enacted by the United States Congress.
"Page Header": The information that must appear at the top of each page for both Register publication ("Illinois Register" with a line beneath it extending across the entire page, the agency name and the type of rulemaking action (see Appendix A, Illustration A)) and for codified rules filed with the Index Department (includes the Chapter, General Act, Part, Subparts (if applicable), Section numbers (see Appendix B, Illustration D) and agency acronym). (See Section 100.300.)
"Part": A division of the Code; the designation for a unified set of Sections (rules) related to a single function of the agency. A maximum of four digits may be used for a Part number.
"Peremptory Rule": A rule or amendment necessitated by federal laws, federal rules, court orders or certain collective bargaining agreements which preclude compliance with the general rulemaking requirements of the Act as specified in Section 5-50 of the Act. (See Subpart G)
"Recodification": The process of reassigning Code division labels to an existing Part while not changing substantive text. This includes the renumbering of an entire Part to a new Part number, renumbering entire Sections within a Part, splitting one Section into two or more Sections, moving part of a Section to another Section, combining two or more Sections into one Section and moving Sections (or subsections) of one Part to a different Part. (See "Notice of Recodification")
"Refusal to Certify Expedited Correction": The decision by the Joint Committee on Administrative Rules to not approve an Expedited Correction. This notice shall be published in the Register.
"Regulatory Flexibility Analysis": An analysis of how the rule may affect small businesses, not for profit corporations or small municipalities. An agency proposing new rules or amendments must include an Initial Regulatory Flexibility Analysis (see Section 5-30 of the Act) on the Notice of Proposed Rules. A Final Regulatory Flexibility Analysis must accompany the agency's submission of its proposed rules to JCAR for the second notice period, pursuant to Section 5-40(c) of the Act. (See also Section 100.415(a) of this Part)
"Renumbering": The term used when the number(s) of one or more Section(s) but not all Sections of a Part are being changed within the same Part. Renumbering involves entire Sections. (For Sections being split into two or more Sections or combined into one Section, please refer to "Recodification.") Replacement pages are required for renumbered Sections where no text remains. The order of the Sections must still remain in strict numerical order, and, if the Part has Subparts, the Subparts must remain in strict alphabetical order and the Sections must remain in strict numerical order. Therefore, when more than six Sections are being renumbered within one Part, or when Sections within Subparts are renumbered into other Subparts thereby throwing off the strict alphabetical order of the Subparts or the strict numerical order of the Sections, recodification is required rather than renumbering. In this instance and for renumbering Sections of one Part to another Part or renumbering an entire Part to a new Part number, please refer to "Recodification".
"Repeal": The process of rescinding (revoking, canceling) a rule.
"Replacement Page": The page which must be filed with the Index Department when a Section has been renumbered, recodified or repealed or an entire Part has been recodified or repealed and no text remains. The table of contents page when an emergency rule or amendment has been allowed to expire without permanent adoption.
"Request for Expedited Correction": The request an agency files with the Joint Committee on Administrative Rules and which the Joint Committee on Administrative Rules forwards to the Index Department, requesting an expedited correction for an adopted rulemaking. (See Section 5-85 of the Act)
"Rule": Each agency statement of general applicability that implements, applies or interprets policy; a Section of a Part. (See Section 1-70 of the Act)
"Secretary of State": The Administrative Code Division, a division of the Index Department of the Secretary of State's office.
"Section": A division of the Code; a rule which focuses on a single concept. A Section is a unit of a Part.
"Section Number": The number used to identify the Section. The Part number always precedes the decimal point in a Section number. (For example, this Section is Section 100.110.) A maximum of four digits may be used after the decimal point to identify Sections of a Part. Expansion room should be left between Section numbers for future additions to the Part.
"Section Source Note": A statement following a Section of a Part which indicates the last action (other than codification) on that Section unless that action was the original filing of the Part. (See Section 100.330)
"Short Title": A title of an Act, created within that Act, which should be used to identify that Act. Whenever a short title is referenced, it shall not appear in quotation marks.
"Source Notes": Statements containing the history of the rule including the current action. (See "Main Source Note" and "Section Source Note")
"Statement of Statewide Policy Objectives": The statement as specified in Section 5 of the State Mandates Act [30 ILCS 805/5] and which must appear on the Notice of Proposed, Emergency or Peremptory Rules. (See Sections 100.410(a)(10), 100.415(b), 100.610(a)(11) and 100.710(a)(12) of this Part and Section 5-10(d) of the Act)
"Statutory Citation": The citation of an Act, either State or federal, containing the information necessary for the reader to locate the Act in the Illinois Compiled Statutes, the Illinois annotated statutes, the United States Code, and the United States Code Annotated.
"Style Manual": The manual prepared by the Index Department which is to be used in conjunction with this Part and the IAPA and which gives examples for agencies to follow when promulgating rules in codified format.
"Subpart": A division of the Code; the designation used to indicate major divisions within a Part. Subparts may correspond to different groups of people affected by the Part.
"Subsection": A division of a Section. A maximum of four levels of subsections may be used. (See Section 100.340)
"U.S.C.": The abbreviation for the United States Code, the official publication containing the laws of the United States.
"U.S.C.A.": The abbreviation for the annotated edition of the United States Code.
History
All agencies of the executive, judicial and legislative branches of state government are subject to the rulemaking provisions of the IAPA except the Governor, the General Assembly, the Supreme and Appellate Courts and those agencies specifically exempted by legislation. (See Sections 1-5 and 1-20 of the Act.)
History
a) The Illinois Administrative Code is arranged by five major divisions: Chapter, General Act, Part, Subpart, and Section. (See Section 100.110 for definitions of these divisions.) There are 67 Chapters within the Code, each covering a broad subject area. These Chapters are listed in Section 100.140.
b) Transition to ILAC Codification Scheme
For purposes of accomplishing the codification change from the Ill. Adm. Code format to the ILAC format established in subsection (a) of this Section, the Index Department will consult with the affected agency, JCAR and LIS in determining the new codification scheme for that agency's rules and preparing file copies of the rules utilizing the new codification system. The new ILAC designation will be published in the Illinois Register as a codification change under Section 100.150. When the Notice of Codification Change has been published, the ILAC labeling system will become effective for the rules listed in that Notice. Until the Notices of Codification Change are published, all rules shall continue to be cited using the Ill. Adm. Code format.
Changes in rule language during the ILAC codification change will be nonsubstantive only, but may include updating Illinois statutory citations and Illinois Administrative Code cross-references.
Statutory Authority Notes may be updated, reorganized or revised to indicate most accurately the precise statutory authority for the Part.
When a Part is repealed, the Index Department will enter that Part into a Table of Repealed Parts that will be published along with other supplementary materials to the Code (indexes, etc.). For two years after the date of a Part's repeal, the headings and Main Source Note will be maintained at that Part's location within the body of the Code. After two years, the headings and Main Source Note will be removed from the body of the Code.
As part of the ILAC codification change, the Table of Repealed Parts will be created and the headings and Main Source Notes of all Parts that have been repealed for more than 2 years will be removed from the body of the Code.
If, during the transition to ILAC, the Index Department, in consultation with the affected agency and JCAR, determines that a single existing Part is based equally on more than one statute, ILAC numbers may be assigned reflecting each of the authorizing Acts. The text of the rule shall not be repeated at multiple locations; rather, all but one ILAC location shall contain an agency note cross-referencing the location of the actual rule text.
The Index Department will establish a standard policy for assigning ILAC designations to any Part that is authorized by federal statute with no corresponding Illinois statutory authority.
Updating of incorporations by reference is not a nonsubstantive change and shall not be accomplished within the ILAC codification change.
History
The 67 Chapters of the Code are listed below. If an agency does not know where its rules appear in the Code outline, it must contact the Index Department, which maintains a detailed outline including Chapters, General Acts, Parts and the agency to which these Parts are assigned. In the first issue of the Illinois Register each year, the Index Department will publish the current outline, including numbering and headings, of Chapters, General Acts and Parts, identifying the agency adopting each Part. Updated versions of the outline shall be available from the Index Department upon request throughout the year.
Government
5 General Provisions
10 Elections
15 Executive Officers
20 Executive Branch
25 Legislature
30 Finances
35 Revenue
40 Pensions
45 Interstate Compacts
50 Local Government
55 Counties
60 Townships
65 Municipalities
70 Special Districts
75 Libraries
Education
105 Schools
110 Higher Education
115 Education Labor Relations
Regulations
205 Financial Regulations
210 Health Facilities
215 Insurance
220 Utilities
225 Professions and Occupations
230 Gaming
235 Liquor
240 Warehouses
Human Needs
305 Public Aid
310 Housing
315 Urban Problems
320 Aging
325 Children
330 Veterans
Health and Safety
405 Mental Health
410 Public Health
415 Environmental Safety
420 Nuclear Safety
425 Fire Safety
430 Public Safety
Husbandry
505 Agriculture
510 Animals
515 Fish
520 Wildlife
525 Conservation
Transportation
605 Roads and Bridges
610 Railroads
615 Waterways
620 Air Transportation
625 Vehicles
Rights and Remedies
705 Courts
710 Alternative Dispute Resolution
715 Notices
720 Criminal Offenses
725 Criminal Procedures
730 Corrections
735 Civil Procedures
740 Civil Liabilities
745 Civil Immunities
750 Families
755 Estates
760 Trusts and Fiduciaries
765 Property
770 Liens
775 Human Rights
Business
805 Business Organizations
810 Commercial Code
815 Business Transactions
820 Employment
History
a) Style changes may be made by the Index Department in the codification of rules to:
facilitate the public's use of the Code,
comply with the requirements of the computer data base, or
bring previously filed codified rules into compliance with the current codification style.
b) When such changes are made to codified rules, they are nonsubstantive and do not affect the meaning of the text.
c) Before filing codified rules with style changes, the Index Department will notify the agency of all changes made and will request a certification from the agency authorizing the rules as changed to be filed.
d) The Index Department will publish, upon receipt of the certification from the agency, a Notice of Codification Changes in the Illinois Register. (See 100.Appendix E, Illustration D.) During codification changes, all the Parts that are being changed may be listed on a single Notice of Codification Changes.
e) A Notice of Codification Changes will also be published for changes the Index Department makes to the file copies of Emergency and Peremptory rules. These codification changes shall affect neither the validity of the rule nor its effective date.
History
In the event an agency is abolished, agencies are consolidated, or agencies are reorganized, the Index Department shall follow the procedures outlined in Section 5-80(d) of the IAPA.
History
History
The Index Department has prepared a Style Manual to aid agencies in the rulemaking process. Copies of the Style Manual may be obtained by contacting the following address:
Index Department
111 E. Monroe Street
Springfield, IL 62756
(217) 782-7017
History
a) The Index Department publishes and distributes the Illinois Register on Friday of each week. However, if Friday is a state holiday, the Register is published and distributed on the next work day.
b) Pursuant to the provisions of this Part, all documents submitted to the Index Department for Illinois Register publication shall be received by 4:30 p.m. on Monday. When a State holiday falls on Monday, the deadline shall be 12 p.m. on Tuesday. All documents meeting publication requirements will appear in the following week's Register.
c) However, all new rules, amendments, repealers and expedited corrections which an agency is ready to adopt must be submitted to the Index Department either five working days prior to the date the agency wishes to adopt the material or, if a later effective date is specified, five working days prior to the Register deadline listed in subsection (b) above. (See Section 100.550)
d) Copies of the current year's publication schedule with deadline dates are published weekly in the Illinois Register.
e) In the event that an agency which has submitted a proposed rule for publication subsequently wishes to withdraw that proposal prior to its publication, but after the rule has already been incorporated into the Register compilation, the agency may withdraw the rule only by submitting for publication a Notice of Withdrawal of Proposed Rules. (See 100.Appendix A, Illustration C) No agency may withdraw an adopted, emergency or peremptory rule or expedited correction once it has been filed with the Index Department.
History
Each issue of the Illinois Register will contain a table of contents by agency in alphabetical order within the following categories (not necessarily in this exact order):
a) Proposed rules
b) Adopted rules
c) Emergency rules
d) Peremptory rules
e) Public Hearings on Proposed Rules
f) Agency action in response to a Statement of Objection (Modification, Withdrawal or Refusal)
g) Request, Refusal or Approval of Expedited Correction
h) Notice of Corrections
i) Notice of Regulatory Flexibility Impact Analysis
j) Notice of Codification Changes
k) Joint Committee on Administrative Rules - Notices:
Agenda
Statements of Recommendation, Objection, Suspension or Prohibited Filings
Agency Failure to Respond
Second Notices Received
JCAR Review of Existing Rules - Statement of Objections and Recommendations
Notice of Failure to Remedy JCAR Objections
l) Executive Orders and Proclamations
m) Other information required by law to be published in the Illinois Register
n) A Cumulative Index and a Sections Affected Index.
History
a) All documents submitted for publication shall meet the following requirements:
Each document shall be typewritten on 8½ x 11 inch white paper and shall be single-spaced. One American National Standard Code for Information Interchange (ASCII) format file or acceptable word processing program on a 3½ inch disc, one original (camera-ready) and two paper copies shall be submitted. (See definition of "Camera-ready Copy" in Section 100.110)
Each page of the document shall be headed ILLINOIS REGISTER (all in capital letters) centered on a solid line exactly one inch from the top of the page as shown in the Appendices. In addition, on each page of the document, the agency's name, all in capital letters, shall appear one double-space under the solid line, centered on the page, and the action being taken, all in capital letters, shall appear one double-space under the agency name, centered on the page.
There shall be a one inch margin from all sides of the page. Only one side of the page shall be used.
All documents submitted to the Index Department for publication shall include notice page(s) and follow specific formats as outlined in the Appendices contained in this Part. The numbered questions shall be underlined, double-spaced and answered with a statement. Non-applicable is not an acceptable answer to any of the questions.
Each document submitted for publication which concerns rulemaking must specify the Part's heading, the Code citation, and the specific Sections of the Part involved. (Subsections shall not be specified except in the text of the document.) In addition, the document shall specify a Register citation along with the issue date if it concerns rules published in the Illinois Register.
b) The type of action indicated on the Notice (as required by Sections 100.410, 100.530, 100.610 and 100.710) and the pages of text must agree. (For example, if the Notice says "Notice of Proposed Rules", then the text pages must say "Notice of Proposed Rules".) (See Section 100.300 for further information.)
c) The action types mentioned in subsections (a)(2) and (b) above shall be as follows for rulemaking activities:
If the rules comprise a new Part, the term "Rules" shall be used;
If the rules comprise amendments (new Sections, amended Sections, repealed Sections) to an existing Part, the term "Amendments" shall be used;
If the rules comprise a repeal of an entire Part, the term "Repealer" shall be used.
d) Underscoring shall be used for the information required in Sections 100.410(a), 100.530(a), 100.610(a), 100.710(a), and 100.1110(a) as shown in 100.Appendix A, Illustrations A, C, D, and E; 100.Appendix B, Illustrations A, E, F, G, H, and I; 100.Appendix C, Illustrations A and D; 100.Appendix D, Illustrations A and D; and 100.Appendix E, Illustrations A, B, D, E and F.
e) The entire table of contents for the Part, including the authority and the main source notes, must be published when any type of rulemaking activity (proposed, adopted, emergency, and peremptory new rules, amendments, repealers and expedited corrections) is published in the Illinois Register.
f) The Index Department shall perform the following duties:
Review all documents submitted to determine if they comply with the format and style requirements of this Part and the IAPA and, if adopted rules meet these requirements, the Index Department will sign the Certificate of Review and Approval. (See Sections 100.450 and 100.550)
Refuse to accept all documents which were submitted in non-compliance with the format and style requirements of this Part and the IAPA. The issuing agency will be contacted within 5 working days concerning documents which are refused with an explanation for the refusal. Refused documents will not be published in the Illinois Register until they are corrected and resubmitted to the Index Department.
History
A cover letter shall accompany all documents submitted to the Index Department. This letter shall specify the material being submitted and the reason for submission (publication, filing, or review) (See also Section 100.510).
History
Standards, guidelines or rules incorporated by reference into an agency's rules (see Section 100.385) shall not be published in the Illinois Register.
History
a) At the agency's request, the Index Department will publish a Notice of Corrections to Proposed Rulemaking in the Illinois Register to inform all interested parties of any technical deficiencies in an agency's proposed rules, such as typographical, clerical, printing, copying or other inadvertent errors. Such Notice shall be prepared by the agency in accordance with the publication requirements outlined in this Part and shall contain the complete text of the proposed rulemaking as corrected. The publication of this Notice shall change the date of the commencement of the first notice period to the date the correction is published unless an inadvertent error was made by the Code Division or JCAR in the production of the camera-ready Illinois Register. (See 100.Appendix A, Illustration D and 100.Appendix E, Illustration H)
b) The Index Department shall decline to publish any corrections or file any replacement pages to rules which have been adopted and filed with the Index Department except codification changes (Section 100.150) and expedited corrections (Section 100.560).
c) An agency may correct information contained on the introductory notice pages of a proposed rulemaking published in the Illinois Register by submitting one ASCII format file or an acceptable word processing program on a 3 1/2 inch disc, one original and four paper copies of a Notice of Corrections to Notice Only for publication in the Register. (See 100.Appendix E, Illustration B) This Notice shall only be used when the answers to the required questions at the beginning of a Notice were incorrect. Corrections to the text of an agency's proposed rulemaking may be made on a Notice of Corrections to Proposed Rulemaking. (See subsection (a) above and 100.Appendix A, Illustration D)
d) Errors which are discovered in the file copy text following publication of the issue of the Register in which the notice of adopted rulemaking appeared shall be corrected by the agency through the general rulemaking process or by the expedited correction process (see Section 100.250).
e) A Certificate and Notice of Expedited Correction shall be filed with the Index Department during normal business hours in accordance with procedures set forth in Section 100.250.
History
a) A Request for Expedited Correction of Adopted Rules may be forwarded by JCAR to the (See 1 Ill. Adm. Code 100.Appendix B, Illustration G) The request must be accompanied by the complete text of the affected Section(s), indicating both the incorrect text and the agency's proposal for correction in accordance with Section 100.420(c). The correction shall be published in the next available Register.
b) The Joint Committee on Administrative Rules may then submit either a Refusal to Certify Expedited Correction (1 Ill. Adm. Code 100.Appendix B, Illustration H) or a Notice of Expedited Correction (1 Ill. Adm. Code 100.Appendix B, Illustration I) signed by the Executive Director of JCAR, and meeting all requirements outlined in Sections 100.200, 100.300, 100.500, 100.510, 100.520, 100.530, 100.540 and 100.550.
c) If JCAR issues a Refusal to Certify Expedited Correction (1 Ill. Adm. Code 100.Appendix B, Illustration H), this does not prevent the agency from promulgating the rules through the general rulemaking procedures.
History
a) The Index Department prepares an annual publication consisting of both the Cumulative and Sections Affected indexes for all codified rules appearing in the Illinois Register. The indexes will be distributed to all persons subscribing to the Illinois Register. Additional copies of the indexes are available from the Index Department for a fee. (See Section 100.280) All requests for copies of this publication must follow the procedures outlined in Sections 100.270 and 100.280.
b) The Index Department also prepares a Sections Affected Index and a Cumulative Index for all codified rules published quarterly in the Register. These indexes list the current rulemaking activity and appear in the back of the Register quarterly, and are available upon request.
History
a) Subscriptions
All agencies required to file rules under the Illinois Administrative Procedure Act and members of the Illinois General Assembly will, upon request, receive one subscription to the Illinois Register exempt from fee. Agency subscriptions are limited to each agency's principal office (a total of two complimentary subscriptions are allowed for those agencies maintaining both a Springfield and a Chicago principal office; all other agencies receive only one complimentary subscription).
All other persons wishing to receive an issue of the Illinois Register each week shall pay the annual subscription rate. (see Section 100.280)
b) Microfiche copies of back volumes of the Illinois Register are available from the Administrative Code Division for a fee. (See Section 100.280)
c) Print copies of back issues of the current volume of the Illinois Register are available in limited supply from the Index Department for a fee. (See Section 100.280) When the limited supply is depleted, requests for such copies will be denied.
d) The annual publication consisting of both the Cumulative and Sections Affected Indexes is not available by subscription, but may be obtained through Section 100.280(a)(4) except as stated in Section 100.260(a) and (b).
e) All requests for subscriptions (either new or renewed), single issues of the Register, microfiche copies of back volumes, the annual Cumulative and Sections Affected Indexes, must follow the procedure outlined in Section 100.280(b).
f) All requests for change of address must be in writing and four (4) weeks must be allowed for such changes.
g) No subscriptions to the Illinois Register shall be retroactively effective.
History
a) Fees charged by the Index Department for the materials in Sections 100.260 and 100.270 shall not exceed the costs of the publication and mailing of the materials. Current fees for the Illinois Register materials cited in these Sections appear on the order form printed in each issue of the Register and are listed below:
One year subscription to the Illinois Register: $290.00 per year per subscription.
Single issues of the current year: $10.00 per copy.
Microfiche sets of back volumes of the Register: $200.00 per set.
Copies of the annual publication consisting of the Cumulative and Sections Affected Indexes to the Register: $5.00 per copy.
b) Requests for the above named materials will be accepted as charges to an accepted credit card or in writing accompanied by a check or money order in the proper amount made payable to SECRETARY OF STATE. Cash will not be accepted. No subscriptions are taken for single issues, microfiche sets of back volumes or copies of the Indexes.
History
History
a) All rules submitted to the Index Department for publication in the Illinois Register must have the Register page header and the type of action statement on each page pursuant to Section 100.220(a)(2) and (c) and the Appendices. (For a definition of "Page Header" see Section 100.110.)
b) Rules submitted to the Index Department for filing as adopted must have the Code page header and agency name on each page pursuant to Section 100.500 and 100.Appendix B, Illustration D and the agency name below the page header on the first page of the text.
c) Headings for a Part's table of contents
A) The word CHAPTER and its label followed by a colon and the heading from Section 100.140;
B) The word GENERAL ACT and its label followed by a colon and the General Act number from ILCS and the heading.
Each of the applicable headings listed above shall be all in capital letters and shall appear, in order, on successive single-spaced lines. These headings as well as the Part number and its heading shall appear on the first page only of both publication and file copies.
One double-space below the General Act shall appear the word PART (all in capital letters) and its appropriate number, centered on the page.
On the next line beneath the Part number shall be the heading for the Part, all in capital letters, centered on the page.
History
a) At the beginning of each Part shall be a table of contents which shows the applicable headings for Sections and Subparts, as specified in Section 100.300(c), in numerical order.
If the Part has Subparts, the word SUBPART, its label, followed by a colon and the heading of the Subpart shall appear on one line, all in capital letters. The first Subpart and its label and heading shall appear one double-space below the Part heading and shall be centered on the page. Each additional Subpart, label and heading shall appear one double-space below the last Section of the previous Subpart and shall be centered on the page.
The Sections shall be listed in numerical order and shall be separated by Subpart (if applicable). The word "Section" shall appear at the left hand margin. Directly under the word "Section" shall be the Section numbers with their appropriate headings to the right of and on the same line as the Section number. The Section numbers and headings shall be single-spaced.
Emergency Sections shall be listed with the word "EMERGENCY" under the Section heading until such time that the emergency rulemaking has expired or the proposed rulemaking has been adopted.
Supplementary Material
A) Any supplementary material contained in a Part (Illustrations, Appendices, Tables and/or Exhibits) shall be listed, single-spaced, in order with the appropriate word, label and heading. The headings for Sections of supplementary material shall include the Part number and be labeled with a capital letter. Subsections shall be listed under the Section heading excluding the Part number and indented five (5) spaces:
i) If the Part has no Subparts, the list of supplementary material shall begin on the first line below the last Section listed; or
ii) If the Part has Subparts, the list of supplementary material shall begin one double-space below the last Section listed.
B) Any supplementary material contained in a Part must be placed upright on the page, must fit within the margin requirements, and must be legible. All supplementary material must be camera-ready. (See the definition of "Camera-Ready Copy" in Section 100.110 and Section 100.350.)
C) Only the words "Illustration", "Appendix", "Table", or "Exhibit" shall be used for supplementary material in a Part.
b) Examples of correct tables of contents appear in the Style Manual and in adopted rules appearing in the Register.
History
After a Part has been filed with the Index Department and the Part is repealed in its entirety or recodified to another Part number, the Part number involved shall not be used again for a period of two years if the subject matter has totally changed. If an agency repeals some but not all of the Sections in an existing Part, those Section numbers may be re-used immediately, even if the subject matter totally changes, although the Index Department recommends that different Section numbers be used in order to avoid confusion.
History
a) Each Part adopted shall include an authority note. The authority note shall indicate both of the following types of authorities in the order in which they are listed below:
The specific state statutes, federal laws or rules (or sections thereof) which the rules are implementing, interpreting, or applying. This is often a statute establishing a specific program administered by the agency and it may be the same as the authorizing statute. Multiple citations shall be used when necessary. A state statute shall always appear as well as any federal laws or rules.
The specific state statute which authorizes the agency to adopt the rules, if not contained in the Act which the rules are implementing. This is often a section of the enabling Act of the agency or the Act creating the agency and may be implied. Occasionally, an Executive Order of the Governor may contain an agency's authorization to promulgate rules.
b) Citations to state statutes shall include both the name of the Act and an Illinois Compiled Statutes citation (and/or the P.A. number and effective date if the P.A. has not yet been published). Citations to federal laws shall include both the name of the law and either the U.S.C. or U.S.C.A. citation (and/or the P.L. number and the effective date if the P.L. has not yet been published in the U.S.C.). Citations to federal rules shall include both the name of the rules and the CFR or FR citation. Please refer to the Style Manual for examples of all statutory citations.
c) For information on statutory citations, please see Section 100.380(c) and (d).
d) The authority note for each Part shall be located one double-space below the last entry in the table of contents and shall be single-spaced.
e) Authority notes are supplemental references which are intended to be used for the convenience of the reader. They are not rules and do not have the force of law. Failure to cite a statute in an authority note shall not be construed to deprive an agency of any rulemaking authority that the statute contains.
f) Examples of authority notes are contained in the Style Manual.
History
a) Each Part adopted in compliance with this Part shall include appropriate source notes. The two types of source notes are: main source notes and Section source notes.
The main source note shall indicate the location in the Illinois Register of the notice of adoption and the effective date. It shall also include Register citations for amendments to the Part subsequent to the rules' original adoption. Main source notes are cumulative. The main source note shall be located one double-space below the authority note and shall be single-spaced.
A Section source note shall indicate the Register citation for the last action on that Section subsequent to the original adoption. Codification action shall not be indicated in a Section source note. Section source notes appear one double-space below the last sentence of the Section and shall be single-spaced, and indented five spaces from the left margin.
b) Main source notes indicate to the public when the Part was adopted or amended and where the notice of the adoption may be found. Normally, only citations to the Illinois Register shall be indicated in the main source note and Section source notes, although amendment dates prior to Illinois Register publication shall be included only if specifically requested by the agency. The following situations are exceptions to this provision:
If a new Part is being adopted, the main source note shall have blank spaces for the volume, page number of the Register, and the effective date.
If the set of rules was adopted prior to the publication of the Illinois Register, the main source note should indicate the exact title of the set of rules as it was adopted (if that title has changed significantly in codification), the date filed, and the effective date.
c) The agency may also supply additional information in the source note to clarify the origin of the rules. For example, an agency may indicate the resolution, general order, or docket number used in the adoption of the rules; however, such numbers alone are insufficient.
d) When an agency drafts rules or amendments, regardless of the type of rulemaking occurring (proposed, adopted, emergency, peremptory or expedited correction), the source note shall specify the action, a Register citation with blanks left for the volume number of the Register, the page number on which the Notice of Adoption will appear and a blank for the effective date. Failure by an agency to include these items will necessitate the return of the rules to the agency for corrections prior to their being published in the Illinois Register or filed in the Index Department.
e) For examples of main source notes and Section source notes, please refer to the Style Manual.
History
a) An agency may provide for the automatic repeal of a rule by specifying in the text the date (including month, day and year) of the automatic repeal.
Such Automatic repeal shall not be used to repeal or amend existing Sections on file in the Index Department, but shall be used only for new Sections or in a new Part.
Each Section of a Part which is to be automatically repealed must specify the repeal date in the text.
b) Pursuant to Section 5-55 of the IAPA, not less than 30 nor more than 60 days prior to the effective date of the repeal, the agency shall publish notice of the repeal in the Illinois Register. Such notice shall meet the requirements for Illinois Register publication specified in Section 100.220 and 100.Appendix B, Illustration E: and
for rules adopted through the general rulemaking process, as specified in Section 5-40 of the Act, 100.Appendix B, Illustration E; or
for rules adopted through the peremptory rulemaking process as specified in Section 5-50 of the Act, 100.Appendix D, Illustration D.
c) The notice specified in subsection (b) above shall contain the full text of the affected Sections, the complete table of contents for the Part indicating which Sections are being automatically repealed by adding the word "(Repealed)" immediately after the affected Section headings, the authority note, and the main source note for the Part including a citation to the Notice of Automatic Repeal. Each affected Section must also contain the appropriate Section source note for the citation to the Notice of Automatic Repeal.
d) At the same time the agency submits the notice and text required by subsection (b) above, it shall also submit one (1) original and two (2) copies of the complete table of contents for the Part including the authority and main source notes and the necessary replacement pages for the Sections being automatically repealed. The replacement pages shall include the Code headings at the top of each page, the Section number and heading followed by the word "(Repealed)" and a Section source note to the citation for the automatic repeal.
e) Should the agency fail to submit the notice of the repeal in the time frame specified in subsection (b) and the Act, the automatic repeal date as specified in the rule(s) is void and the agency will have to go through the general rulemaking process in order to repeal the rulemaking. The 30 to 60 day period in which the notice is to be published in the Illinois Register requires the rule to appear in a published Register during that time period.
History
a) The text of each Part submitted for either publication or for filing shall be single-spaced. However, a double-space shall appear between the Section heading and the first line of text and shall appear between the last line of one subsection and the first line of the next subsection. For rules published in the Illinois Register, the Section number and heading of the first Section being published shall appear one double-space below the main source note. For rules filed with the Index Department as adopted, the first Section shall appear on the next page following the main source note and each subsequent Section shall begin on a new page.
b) Subsections shall be identified as indicated in the following format.
First level of subsection: Use a), b), c), etc.
Second level of subsection: Use 1), 2), 3), etc.
Third level of subsection: Use A), B), C), etc.
Fourth level of subsection: Use i), ii), iii), etc.
c) A single paragraph within a Section is not labeled as a subsection. An opening paragraph (prior to labeled subsections or indented items such as addresses, formulas, or definitions) is allowed.
d) Subsections beyond the fourth level are not allowed. Sections which contain further subsections must be divided into separate Sections.
e) Sections which consist of definitions of various terms in alphabetical order shall not include a subsection label for each definition, but the definitions must be indented as if they were being labeled. (For example, definitions in alphabetical order which would be labeled at the first indent level shall appear, unlabeled, with each line of text beginning two inches from the left hand edge of the page.) There shall be only one definitions Section per Part except that each Subpart may have a definitions Section. This Section should be the first Section within the specified codification division. Definitions may appear in the text of other Sections if necessary to explain that particular Section or subsequent Sections in that Part or Subpart. Other lists within Sections (for example, a list of recommended library books) may be arranged alphabetically without subsection labels but must be indented properly. Lists of definitions or other items, if not in alphabetical order, must be labeled.
f) When dividing a Section into subsections, do not use an a) without a b), a 1) without a 2), etc. However, in labeling a single Appendix, Exhibit, Illustration, or Table, the label "A" shall appear.
g) When referring to one or more subsections within the text of a subsection, the subsection label must be enclosed in parentheses.
h) Numbered or lettered phrases within a subsection are not allowed. Such numbered phrases must be indented to the proper level and labeled appropriately.
i) Since the codification system shall be compatible with electronic data processing equipment and programs maintained by and for the General Assembly (Section 5-80 of the Act), the Section symbol, subscript or superscript letters, the division symbol, the delta symbol, the square root symbol, and other similar signs and symbols, are not allowed within the text of an agency's rules. If an agency determines that a formula containing such symbols is necessary within the text of its rules and cannot write the formula in words rather than in symbols, the agency shall give a camera-ready copy of the formula to the Index Department to be used to scan into the rules for publication in the Illinois Administrative Code. If an agency determines that a sign or symbol not specified in this subsection must be included in the rule, the agency must contact the Index Department to determine if it can be used prior to submitting the proposed rules for Register publication.
j) All acronyms, abbreviations, initials, and shortened forms which an agency wishes to use in the text of its rules must be spelled out in full the first time within each Part the reference appears with the acronym, abbreviation, initials or shortened form placed immediately thereafter in parentheses. (A definitions Section at the beginning of each Part is preferable.) The agency may then use the acronym, abbreviation, initials or shortened form throughout the remainder of the Part. This does not include the list of standard abbreviations shown in subsection (k) below.
k) Listed below are standard abbreviations and their meanings which do not have to be spelled out in an agency's rules as specified in subsection (j) above. If an agency wishes to use one of these abbreviations but wishes to attach a different meaning to it, it must follow the procedures outlined in subsection (j) above.
All two letter abbreviations for the 50 states as designated by the United States Postal Service are allowed.
All chemical abbreviations for the elements are allowed.
The following are examples of commonly known abbreviations:
Abbreviation
Definition
A.C.
alternating current
a.m.
ante meridiem, morning
Ave.
Avenue
Blvd.
Boulevard
Btu
British thermal unit
C.
Centigrade, Celsius
C.D.T.
Central Daylight Time
CFR
Code of Federal Regulations
ch.
chapter
cm.
centimeter
C.S.T.
Central Standard Time (or other time zones)
cu.
cubic
D.C.
District of Columbia, Direct Current
Dr.
Drive
E.
East
e.g.
for example
et seq.
and those that follow
F.
Fahrenheit
FR
Federal Register
ft.
foot
ID
identification
i.e.
that is
ILAC
Illinois Administrative Code
ILCS
Illinois Compiled Statutes
Ill. Reg.
Illinois Register
Ill. Rev. Stat.
Illinois Revised Statutes
in.
inch
IRS
Internal Revenue Service
k.
kilogram
km.
kilometer
l.
liter
lb.
pound
Ln.
Lane
mg.
milligram
ml.
milliliter
mm.
millimeter
mph
miles per hour
Mt.
Mount
N.
North
n/a
not applicable
oz.
ounce
p.
page (Register citations to Volumes 1-4 only)
par., pars.
paragraph, paragraphs (statutory citations only)
p.m.
post meridiem, afternoon
qt.
quart
Rd.
Road
S.
South
sq.
square
St.
Saint, Street
U.S.
United States
USC
United States Code
W.
West
yd.
yard
History
No more than six (6) Sections can be renumbered within a Part without being recodified. When renumbering Sections within a Part:
a) The Part's table of contents shall show the following:
A) the Section number and heading remain and shall not have strike-outs but the word "(Renumbered)" shall be underscored at the end of the Section heading.
B) the new Section, to which the old Section is being renumbered, shall appear in the correct numerical order with the old number shown with strike-outs and the new number and heading underscored.
A) the new heading (which shall be underscored) shall appear after the former heading (which shall have strike-outs).
B) The new Section, to which the old Section is being renumbered, shall appear in numerical order with the old number shown with strike-outs and the new number and heading underscored.
b) The text of the Part shall show the following:
A) the old Section number and heading as it is currently on file shall appear in the correct numerical order with the word "(Renumbered)" underscored at the end of the Section heading. No text shall appear here but a Section source note indicating the Section's new location, the Register citation, and effective date shall appear.
B) the new Section, to which the old Section is being renumbered, shall appear in numerical order with the old number shown with strike-outs and the new number and heading underscored. The text of the Section shall appear here and, if any amendments are being made to the text, they shall be indicated by strike-outs and/or underscoring. A Section source note indicating from where the Section was renumbered and whether the Section is being amended, the Register Citation and effective date shall also appear.
A) the Section number shall appear followed by the old heading with strike-outs and the new heading with underscoring. The new text shall be shown with underscoring and an appropriate Section source note indicating the new location of the former text, the new text being adopted, the Register citation and effective date shall also appear. The old text does not appear at the old number.
B) in numerical order where the new Section appears, the procedures outlined in subsection (b)(1)(B) shall be followed.
c) Only entire Sections may be renumbered. If an agency wishes to split one Section into two or more Sections or combine several Sections into one Section, recodification of the Part is required. (See Sections 100.1100 and 100.1110)
History
a) Tabular materials, illustrations, diagrams, figures and other supplementary material included in a Part should be placed at the end of the Part and labeled as Appendices, Exhibits, Illustrations or Tables. Such materials should be used only when an agency deems them necessary; rules shall be in explanatory form whenever possible. Supplementary materials included in a Part filed with the Index Department shall be considered part of the rules and should be referred to within the text of the Part.
b) Any Appendices, Exhibits, Illustrations or Tables appearing at the end of the Part shall be included in the Part's table of contents. Such supplementary materials shall be identified with capital letters unless it is a subsection. If there is a subsection, it shall not include the Part number but shall be indented five (5) spaces below the Section.
An Appendix is generally in prose format and does not contain illustrations, tables, or other diagrams or drawings. If it is necessary for an Appendix to contain illustrations, tables or other diagrams or drawings, each illustration, table or diagram shall be labeled individually and shall become subsections of the Appendix.
A small Table may be contained within a Section as long as it fits within the text margins of the subsection in which it appears. In such a case, the Table is not labeled, but may have a heading. If the Table is larger than the subsection margins allow, the Table must be placed at the end of the Part and labeled with capital letters. An agency should either delete the Table from its rule through the general rulemaking process or must submit to the Administrative Code Division a camera-ready copy of the Table which will fit, with the applicable margin requirements, on an 8½ x 11 inch sheet of paper.
Forms should be avoided. (See Section 1-70 of the Act.) References to the forms within the text of the Part should be by form number or heading and should be incorporated into an Exhibit for explanatory reasons only.
An Illustration is a diagram or drawing. In those cases where the Illustrations cannot be entered into the data base, the agency must submit to the Index Department a camera-ready copy of the Illustration; such copy must fit within the margin requirements as outlined in this Part both for filing and for Illinois Register publication. (Refer to Sections 100.220(a)(3) and 100.500(a))
c) A maximum of 10 Illustrations, Appendices, Tables, or Exhibits may be used in each Part unless used in combination with one another. If an Appendix, Exhibit, Illustration or Table has subsections labeled with one or more of the remaining three terms, it shall have no text of its own.
d) Pursuant to Section 100.310(a)(4)(B), all supplementary material shall be legible even when reduced by 50% for Register publication, shall fit within the applicable margin requirements, and shall be upright on the page.
e) Whenever an agency adopts a rule containing material which cannot be entered into the computer data base, the agency shall prepare a master original of the material (photocopies are not allowed) for the Index Department's files.
History
a) For the purpose of this Part, underlying data is defined as any data, including written information or material, statistics, measurements, calculations or other information used as the basis for reasoning, recommendation or conclusions, including any information provided to the promulgating agency by a consultant, vendor or other third party under contract with the agency that was used as the basis for a published study or report used in the development of the rule.
b) Any published study or report used in developing the rule shall be identified on the Notice Page for the rulemaking by a descriptive title or other description, the identity of the person or entity that performed the study or report, the publisher's name and publication date, and a description of where the public may obtain a copy of the study or report.
c) If the published study or report was performed by an agency or by a person or entity that contracted with the agency for the performance of the study or report, in addition to identifying the study or report, the agency shall also make copies of the underlying data available to members of the public upon request, if the data are not protected from disclosure under the Freedom of Information Act [5 ILCS 140]. If the agency must pay a fee to a contracting entity to obtain a copy of the underlying data, the agency may charge the requester a fee equaling the cost of obtaining the data. This fee shall reflect actual costs incurred by the agency.
History
Examples of the proper format for adopting codified rules are contained in the Style Manual.
History
a) Each Part adopted in compliance with the codification system has a unique Code citation (that is, no two Parts can be cited exactly the same way). Within the text of a Part: if another unit of that Part is cited, the unit is specified followed by the appropriate label; if a unit of a different Part is cited, the entire Code citation must be used. The correct citations for the various divisions of the Code prior to the ILAC codification are illustrated below:
14 Ill. Adm. Code
(Title 14 of the Code)
1 Ill. Adm. Code 100
(Part 100 of Title 1 of the Code)
17 Ill. Adm. Code 530.10
(Section 530.10 of Title 17 of the Code)
2 Ill. Adm. Code: Subtitle C
(Subtitle C of Title 2 of the Code)
1 Ill. Adm. Code: Chapter I
(Chapter I of Title 1 of the Code)
11 Ill. Adm. Code: Subtitle B, Chapter I
(Chapter I of Subtitle B of Title 11 of the Code)
50 Ill. Adm. Code: Chapter I, Subchapter t
(Subchapter t of Chapter I of Title 50 of the Code)
68 Ill. Adm. Code 220.Subpart A
(Subpart A of Part 220 of Title 68 of the Code)
1 Ill. Adm. Code 100.Appendix A, Illustration A
(Illustration A of Appendix A of Part 100 of Title 1 of the Code)
11 Ill. Adm. Code: Subtitle B, Chapter I, Subchapter c
(Subchapter c of Chapter I of Subtitle B of Title 11 of the Code)
b) The correct citations for the various divisions of the Code after the 1998 codification are illustrated below:
5 ILAC 100
(Chapter 5, General Act 100 of the ILCS)
5 ILAC 100:1
(Part 1 of Chapter 5, General Act 100 of the Code)
5 ILAC 100:1.110
(Section 1.110 of Part 1 of Chapter 5, General Act 100 of the Code)
5 ILAC 100:1.Subpart A
(Subpart A of Part 1 of Chapter 5, General Act 100 of the Code)
5 ILAC 100:1.Appendix A, Illustration A
(Illustration A of Appendix A of Part 1 of Chapter 5, General Act 100 of the Code)
History
a) Rules shall not unnecessarily repeat statutory language. Whenever it is necessary to repeat or paraphrase statutory language in a rule, it shall appear in distinguishing type. Italic type is expressly reserved for statutory language.
b) If it is necessary for an agency to use a type other than italic for statutory language, a statement as to what type is used must be made immediately after the main source note. Underscoring is not considered to be distinguishing type because it is expressly reserved for added language in rules published in the Illinois Register.
c) Citations to statutes must be included immediately after the quotation or paraphrase as specified in Section 100.385. However, in the event that the Section of the Act being quoted has already been cited earlier in the Part, the agency shall only specify the Section and the title of the Act in which the quotation appears.
History
a) An agency may incorporate by reference standards, regulations or rules of an agency of the United States or of a nationally or state recognized organization or association, pursuant to Section 5-75 of the IAPA.
The material being incorporated by reference must be identified by location and date and must state that no later editions or amendments are included.
The agency shall maintain in its principal office a copy of the full text of adopted rules including standards or rules incorporated by reference.
b) If an agency cites Sections of a state or federal statute or state or federal rule within the text of a Part, the specific statutory citation must be included immediately following the first mention of the statute or rule within the Part. Thereafter, a citation to these particular Sections need not be repeated.
History
a) Footnotes
An agency may include with its rules, as footnotes, the citations and brief digests of court cases and Attorney General's opinions. Footnotes shall be numbered in sequence, and the text of such footnotes shall be at the bottom of the same page where the footnotes appear in the text of the rule. Footnotes shall be the only notes allowed to be numbered in this manner.
b) Agency notes
Occasionally an agency may need to explain something within the text of its rules; such explanation may not fit the normal format for codification. In such instances, an agency note may appear. The use of agency notes is discouraged. If the use of such a note is necessary, the agency shall contact the Index Department for the proper procedure prior to proposing rules or amendments, or prior to adopting emergency or peremptory rules or amendments, containing agency notes, since agency notes may take several forms. In addition, agency notes shall fit within the margin requirements of the subsections to which they refer, and shall not be labeled except by "Agency Note" unless otherwise authorized by the Index Department, and shall not contain either subsections or lettered or numbered phrases. Any agency notes included in an agency's rules are considered part of the rule and must be adopted, amended, or repealed in the same manner as the rules.
c) Editor's notes
Occasionally, in codification, the Administrative Code Division may add an editor's note which cross references the rules of two or more agencies, explains a particular way the rule was codified or explains Administrative Code database style. The Index Department is the only agency allowed to add editor's notes to a rule since the Department is the Editor of the Illinois Administrative Code. Such notes are not part of the rule but are used solely for informational purposes to aid the reader.
History
a) There are two notice periods required in rulemaking, pursuant to Section 5-40 of the IAPA:
The first notice period is at least 45 days in length from the date the proposed rules appear in the Illinois Register. During this first notice period, the agency must allow interested persons who submit a request to comment during the first 14 days of the notice period reasonable opportunity to comment on the proposed rule. Request to comment may be submitted either orally or in writing at the agency's discretion. If a public hearing is to be held on the proposed rule, and notice of such does not appear on the Notice of Proposed Rules (Amendments, Repealers) published in the Register, the agency may submit a Notice of Public Hearing on Proposed Rules for Register publication. (See 100.Appendix A, Illustration E) This Notice must meet the publication requirements outlined in Section 100.220.
The second notice period begins on the day JCAR receives written notice from the agency and expires 45 days later unless, prior to that time, the agency and JCAR have agreed to extend the second notice period beyond 45 days for a period not to exceed an additional 45 days or the agency receives either a statement of objection from JCAR or notification that no objection will be raised. (See 1 Ill. Adm. Code 220 for information on submitting rules to JCAR for the second notice period.)
b) No more than one year may elapse from the date the proposed rule appeared in the Illinois Register until the date the rule is adopted or filed with the Index Department. Should more than one year elapse, such rule shall not be adopted or filed with the Index Department. (See Section 5-40(e) of the Act) For example, if a proposed rule appears in the Illinois Register on March 1 of one year, it lapses on February 28 or February 29 of the following year unless February 28 or February 29 falls on a holiday or a weekend, in which case the lapsed time would be the following day.
History
a) Each proposed rule (amendment, repealer) submitted for publication in the Illinois Register (see Section 100.220) must be part of a Notice of Proposed Rules (Amendments, Repealers) using a form provided by the Index Department at the beginning of which the information listed in subsections (a)(1) through (16) shall appear (see also Appendix A, Illustration A). The next page shall be the full text of the rules, amendments, or repealer and, if the proposal is an amendment to or repeal of an existing Part, the text shall appear as it is on file in the Index Department with all changes indicated by strike-outs and/or underscoring (however, if an entire Part is being repealed, the text is printed without strike-outs and if a new Part is being proposed the text appears without underscoring):
The heading of the Part;
The Code citation (include only the Chapter number, the Code abbreviation, the General Act Number followed by a colon and the Part number);
Section Numbers Proposed Action
(list in numerical order) (new Section, amendment,
(include supplementary material) repeal, renumber, etc.)
The specific statutory citation upon which the Part is based and authorized;
A complete description of the subjects and issues involved;
Any published studies or reports, along with the sources of underlying data, that were used when composing this rulemaking, in accordance with 1 Ill. Adm. Code 100.355;
Whether the proposed rule will replace an emergency rule currently in effect;
Whether the proposed rule contains an automatic repeal date;
Whether the proposed rule (amendment, repealer) contains incorporations by reference;
Whether there are any other amendments to this Part, other than those appearing in the same Register issue, pending. If so, specify the Section numbers, the proposed action, and a Register citation to the Notice of proposal;
A Statement of Statewide Policy Objectives (See Sections 100.110 and 100.415(b));
The time, place and manner in which interested persons may present their views concerning the proposed action, and the name, address and phone number of the individual within the agency who may be contacted; and
Initial Regulatory Flexibility Analysis (see "Regulatory Flexibility Analysis", Section 100.110):
A) Description of the type of small businesses (see Section 1-75 of the Act), small municipalities (see Section 1-80 of the Act) and not for profit corporations (see Section 1-85 of the Act) subject to the proposed rule (amendment, repealer).
B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the rule (amendment, repealer).
C) Description of types of professional skills necessary for compliance.
Determine whether the rulemaking has an adverse impact on small business (fewer than 50 full-time employees or less than $4,000,000 in gross annual sales). An adverse impact is one that can be reasonably foreseen on small businesses including, but not limited to, a loss of customers, loss of revenue, or increased business expenses. If the rulemaking has an adverse impact on small business), the agency must provide an economic impact analysis including:
A) An identification of the types of businesses subject to the proposed rule using the 2-digit codes from the North American Industry Classification System.
B) The estimated number of small businesses subject to the proposed rule (amendment, repealer).
C) An identification of the adverse impact of the proposed rule (amendment, repealer) by identifying as many of the following categories that the agency reasonably believes the proposed rule (amendment, repealer) will impact:
i. hiring and additional staffing;
ii. regulatory requirements;
iii. purchasing;
iv. insurance charges;
v. licensing fees;
vi. equipment and material needs;
vii. training requirements;
viii. record keeping;
ix. compensation and benefits; or
x. other potential impacted categories. (please describe below)
D) The projected reporting, recordkeeping and other administrative costs for compliance with the proposed rule (amendment, repealer).
E) The type of professional skills necessary for preparation of any report or record required for compliance with the proposed rule (amendment, repealer).
F) A statement of probable positive or negative economic effect on small business.
G) A description of any less intrusive or costly alternative method of achieving the purpose of the rule (amendment, repealer).
Whether the rulemaking was summarized in a previous Regulatory Agenda. The Regulatory Agenda in which the rulemaking was summarized shall be indicated by the month (January or July) and year it was published. The agency must provide an explanation in this area if the rulemaking was not included on either of the two most recent agendas.
Any other information or justification for the proposed rule (amendment, repealer) that the agency believes would be helpful to the public regarding the proposed rule (amendment, repealer). For example, a discussion or analysis of the benefits of the proposed rule (amendment, repealer) is projected to have on the Illinois public, consumers, investors or other similar groups.
b) Under the Section Numbers and Proposed Action columns at the beginning of the Notice of Proposed Rules as described above in subsection (a)(3) of this Section shall be listed the specific Section Numbers in numerical order and the specific action being taken. If several actions are occurring, each Section affected must be listed on a separate line with the appropriate action listed on the same line under the correct column. This enables the Code Division staff to accurately compile the Sections Affected Index for each week's Register on a quarterly basis. Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is occurring must also be listed under these columns.
c) Only one Part shall be listed per Notice. All new Sections, amendments to existing Sections, and/or repealers of Sections shall be contained on this Notice. Only one Notice per Part for proposed rules will be accepted by the Index Department for publication in a single issue of the Register, unless the agency is repealing a Part in its entirety and proposing a new Part to replace the repealed Part (same subject matter). In this instance only, the Index Department will accept two Notices of proposed rulemaking for one Part number, one for the proposed repealer and one for the proposed new Part, for publication in the same issue of the Register.
d) If an agency is proposing, amending, or repealing more than one Section, and the agency wishes to have any of the Sections considered as separate rulemakings, the agency shall specify the statutory authority for each separate rulemaking. The agency shall follow the procedure in Section 100.410(a)(1) through (a)(14) and, if necessary, specify different people to be contacted for each separate rulemaking. This procedure permits an agency to take those portions of the rulemaking into second notice separately or adopt those portions of the Part at different times.
e) If an agency intends to hold a public hearing on the proposed rules, the information on the hearing may be included in the Time, Place, and Manner item on the Notice (subsection (a)(12)) or the agency may submit a Notice of Public Hearing on Proposed Rules as shown in Appendix A, Illustration E. Notice for public hearings on proposed rules will be accepted for Register publication unless a notice for another type of public hearing is required by State statute to be published in the Register.
History
The following are statutory requirements for rulemaking:
a) Regulatory Flexibility
During the first notice period specified in Section 100.400, and pursuant to Section 5-30(c) of the IAPA, the Secretary of State shall provide to the Department of Commerce and Community Affairs a copy of any proposed rules or amendments accepted for publication.
Prior to or during the first notice period, if the agency or the Department of Commerce and Community Affairs determines that there is an impact on small businesses, not for profit corporations or small municipalities the agency shall provide additional notices to the impacted entities by using one or more of the following, pursuant to Section 5-30(b) of the Act:
A) The inclusion in any advance notice of possible rulemaking of a statement that the rule may have an impact on small businesses, not for profit corporations, or small municipalities.
B) The publication of a notice of rulemaking in publications likely to be obtained by small businesses, not for profit corporations, or small municipalities.
C) The direct notification of interested small businesses, not for profit corporations, or small municipalities.
D) The conduct of public hearings concerning the impact of the rule on small businesses, not for profit corporations, or small municipalities.
E) The use of special hearing or comment procedures to reduce the cost or complexity of participation in the rulemaking by small businesses, not for profit corporations, or small municipalities.
During the first notice period, the Department of Commerce and Community Affairs, if it determines that the rulemaking will have an impact on small businesses, may complete a Regulatory Flexibility Notice to be published in the Illinois Register.
Pursuant to Section 5-30 of the IAPA, the agency shall consider the impact of the rulemaking on small businesses, not for profit corporations, or small municipalities, using as guidelines Section 5-30(a)(1) through (5) of the IAPA.
Agencies shall include the initial regulatory flexibility analysis on the Notice of Proposed Rules (Amendments, Repealers) for Illinois Register publication and a final regulatory flexibility analysis when submitting the proposed rule(s) to JCAR for the second notice period. If an agency determines that its rulemaking does not affect small businesses, not for profit corporations or small municipalities, it shall so state on the Notice of Proposed Rules (Amendments, Repealer). The term "n/a" shall not be accepted.
b) Statement of Statewide Policy Objectives
This statement, pursuant to Section 5 of the State Mandates Act (Ill. Rev. Stat. 1991, ch. 85, par. 2205) [30 ILCS 805/5], shall be included on the Notice of Proposed, Emergency, or Peremptory Rules for Register publication. This statement must justify the imposition of the proposed requirements which would necessitate a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues, and must explain why such policy objectives cannot be achieved in the absence of these proposed requirements.
History
The text of proposed rules (see Section 100.220) shall begin on the next page following the last line of information required in Appendix A, Illustration A, shall contain the Register headings, the agency name and the action heading, i.e. NOTICE OF PROPOSED RULES (AMENDMENTS, REPEALER) (Section 5-40 of the IAPA requires a notice of rulemaking to contain the text), and shall contain the following information:
a) If the proposal is a new Part: the full text of the Part including the headings, the complete table of contents, the authority note, and the main source note.
b) If the proposal is a new Section of a Part with no other changes to the Part: the headings, the complete table of contents, the authority note, the main source note, and the full text of the new Section. The table of contents must show by underscoring the number and heading of each Section being added. Subparts and their headings shall be shown in the text and Section source notes shall be included at the end of each new Section.
c) If the proposal is an amendment to a Part (changed language in existing Sections or the addition or deletion of one or more Sections): the headings, the complete table of contents, the authority note, the main source note, and the full text of the affected Sections with language being added indicated by underscoring and language being deleted indicated by strike-outs. If Sections are being renumbered, this action must appear both in the table of contents and in the text of the proposal. Sections being either repealed or renumbered so that no text remains at that Section number shall indicate the word "(Repealed)" or "(Renumbered)" underscored immediately following the Section heading in both the table of contents and the text. Subparts and their headings shall be shown in the text and Section source notes shall be included at the end of each Section.
d) If the proposal is a repealer of a Section with no other changes to the Part: the headings, the complete table of contents, the authority note, the main source note, and the text of the Section being repealed. In the table of contents, the Section being repealed must have the word "(Repealed)" underscored immediately after the heading. No strike-outs shall appear either in the text or the table of contents for Section numbers and headings of proposed repealers. Subparts and their headings shall be shown in the text and Section source notes shall be included for each Section being repealed.
e) If the proposal is a repealer of a Part: the headings, the complete table of contents, the authority note, the main source note and the full text of the Part being repealed.
f) If the Part has emergency amendments in effect at the time new amendments are proposed, the text of the proposal shall show the original text (prior to the emergency) with strike-outs and/or underscoring indicating all changes to the original text.
History
The Index Department shall, at the agency's request, publish Notices of Corrections in the Register. Such Notices shall be prepared by the agency. Please refer to Section 100.240 and 100.250 for further information concerning Notices of Corrections.
History
a) When an agency elects to modify or withdraw, or refuses to modify or withdraw a proposed rule in response to the objections of JCAR, the agency shall submit a Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule to be published in the Register (See 100.Appendix A, Illustration C). An agency may withdraw a proposed rulemaking (cease rulemaking activity on that proposal) without having a JCAR objection by publishing a Notice of Withdrawal of Proposed Rules in the Register. (See 100.Appendix A, Illustration B) Notice of Withdrawal of Proposed Rules (Amendments, Repealer), whether in response to a JCAR objection or not, shall be for the entire rulemaking proposed unless, pursuant to Section 100.410(d), the agency has divided the proposal into several rulemakings. If JCAR issues an objection on a proposed rule, amendment or repealer, the agency must respond to the objection directly to JCAR within 90 days of the receipt of the statement of objection. Failure to do so shall constitute withdrawal of the proposed rule, amendment or repealer and JCAR shall submit a notice to that effect in the next available issue of the Illinois Register. The agency response to JCAR's objection shall be published in the Register, preferably within the 90-day period as specified above.
b) If an agency response to a JCAR objection takes more than one type of action (that is, modifies and/or withdraws and/or refuses to modify or withdraw), the heading on the Notice shall state the actions taken:
If the agency is withdrawing one or more Sections or portions thereof and modifying one or more Sections or portions thereof, the action heading shall state "Notice of Withdrawal and Modification to Meet the Objections of the Joint Committee on Administrative Rules". It shall be noted, however, that withdrawal of one or more Sections in one particular rulemaking constitutes withdrawal of all Sections in that rulemaking. This Notice of Withdrawal and Modification may only be used when one entire rulemaking on a Part is being withdrawn and another entire rulemaking is being modified.
If the agency is withdrawing one or more Sections or portions thereof and refusing to modify or withdraw one or more Sections or portions thereof, the action heading shall state "Notice of Withdrawal and Refusal to Modify or Withdraw to Meet the Objections of the Joint Committee on Administrative Rules". (See also the information concerning withdrawal of rules in subsection (1) above.)
If the agency is modifying one or more Sections or portions thereof and refusing to modify or withdraw one or more Sections or portions thereof, the action heading shall state "Notice of Modification and Refusal to Modify or Withdraw to Meet the Objections of the Joint Committee on Administrative Rules".
If the agency is taking all three actions, the action heading shall state "Notice of Withdrawal, Modification, and Refusal to Modify or Withdraw to Meet the Objections of the Joint Committee on Administrative Rules". (Also refer to the information concerning withdrawal in subsection (1) above.)
c) On the Notice of Withdrawal (Modification, Refusal to Modify or Withdraw) to Meet the Objections of the Joint Committee on Administrative Rules, the agency shall, under "Action," state the specific action being taken in response to the objection, i.e. withdrawal, modification or refusal to modify or withdraw. (See 100.Appendix A, Illustration C.)
d) An agency may withdraw a proposed rule without a JCAR objection by publishing a Notice of Withdrawal of Proposed Rules, Amendments or Repealer. (See 100.Appendix A, Illustration B.)
e) Publication of a Notice of Withdrawal of Proposed Rules, Amendments, or Repealer constitutes withdrawal of the entire rulemaking. However, if the agency has split the action on a Part into several rulemakings pursuant to Section 100.410(d), the agency may elect to withdraw only one of the rulemakings, but that rulemaking shall be withdrawn in its entirety. This Notice is to be used only when withdrawing rulemakings prior to and instead of submitting the rulemaking to JCAR for second notice.
f) An agency which decides to withdraw one or more Sections from a proposed rulemaking due to comments received during the first notice period shall not publish a Notice of Withdrawal of Proposed Rules, Amendments or Repealer) in the Illinois Register unless the Sections being withdrawn constitute the entire rulemaking. Rather, when submitting the proposed rulemaking to JCAR for second notice, the agency shall specify this withdrawal as a change made to the proposed rulemaking during the first notice period.
g) If an agency wishes to withdraw one or more Sections of a proposed rulemaking due to agreements made between the agency and JCAR during the second notice period, the agency shall not publish a separate Notice of Withdrawal of Proposed Rules, Amendments or Repealer unless the withdrawal involves the entire rulemaking. Rather, the Sections being withdrawn shall be listed on the Notice of Adopted Rules, Amendments or Repealer as changes between proposal and adoption.
History
a) All materials submitted for publication must meet the requirements specified in Section 100.220.
b) All materials submitted for publication must be accompanied by a cover letter. (See Section 100.225).
History
a) The Index Department staff will review all proposed rules to ensure that publication requirements as outlined in this Part have been met. If corrections are necessary to produce the Register from the Legislative Information System (LIS) database, the Index Department staff will notify the agency. The proposed rules, amendments or repealer will be published in the Register when the material is correct. Agencies shall submit the following:
One text version of the rules in ASCII format or an acceptable word processing program on a 3½ inch disc. The disc shall be labeled with the proper code citation.
One original and two paper copies of the required Notice Page and rulemaking text. The two paper copies shall be identically compiled and stapled.
A cover letter.
b) The Index Department will review all proposed rules for compliance with this Part during the first 45-day notice period and will send a list of comments on the codification of the proposed rules to the agency and to JCAR.
History
a) All rules, amendments or repealers shall be typewritten (or produced on word processing or computer equipment) on plain 8½ x 11 inch, three-hole punched loose-leaf white paper, suitable for being placed in a standard loose-leaf binder for paper that size. One original and two copies shall be filed. There shall be margins of one inch at the top and on each edge of the page and only one side of the paper shall be used. (See 100.Appendix B, Illustration D) All copies submitted shall not be stapled together.
b) Rules to be placed on file shall be titled ILLINOIS ADMINISTRATIVE CODE preceded by the appropriate Chapter number followed by the General Act number, centered on a solid line exactly one inch from the top of the page. The acronym for the State agency shall appear at the far left on the header line. On the right hand side of the solid line shall be the appropriate Part or Section number. Each Section shall begin on a new page.
c) The name of the agency shall appear two spaces below the page header only on the first of the file pages.
d) The Chapter and its heading, the Section number and its heading or the text of the Section if the Section is longer than one page shall be located at least 2 inches from the top of the page to allow for the Code page header. (See subsection (b) above)
e) When a Section of a Part or a whole Part is repealed or renumbered so that no text remains, a replacement page must be filed: for that Section, when only one Section is involved; or for each Section, when more than one Section is involved; or for the Part, when a Part is totally repealed or renumbered. These replacement pages will carry the Code heading as specified in subsections (b) and (c) above, as well as the following information:
A) The Section number, the heading and the word "(Repealed)";
B) A Section source note containing the Register citation for the repeal.
A) The Section number, the heading and the word "(Renumbered)" or "(Recodified)";
B) A Section source note containing the Section number to which the Section has been renumbered or recodified and the Register citation for the action.
A) The Chapter and the General Act along with their respective headings;
B) The Part number and its heading with the word "(REPEALED)";
C) A source note containing the Register citation for the repeal.
A) The Chapter and General Act along with their respective headings;
B) The Part number and its heading with the word "(RECODIFIED)";
C) A source note containing the Register citation for the recodification action.
f) Adopted rules filed with the Index Department shall not contain either strike-outs or underscoring.
History
a) Each adopted rule submitted by an agency to the Code Division for filing and publication shall be accompanied by the following:
An agency certification (See 100.Appendix B, Illustration C);
A JCAR Certification of No Objection issued on the rules, or, if JCAR has issued an objection, the agency's response to such objection (see Section 100.440 and 100.Appendix A, Illustration C) and the JCAR certification that the agency has responded to the objection unless the rules are statutorily exempt from JCAR review;
A cover letter (See Section 100.225);
A written copy of the JCAR-agency agreements (See definition of "Agreements" in Section 100.110) issued on the rulemaking resulting from the meeting between JCAR and the agency.
b) In the event JCAR does not issue either a Certification of No Objection or a Statement of Objection and the agency and JCAR have not agreed to an extension of the review period, the agency may submit the rules for adoption after the expiration of the 45-day second notice period without the information required in subsection (a)(2) above. However, this must be stated on the cover letter so that the Index Department will not reject the rules on this technicality.
c) The Index Department does not sign the Certificate of Review and Approval until the rules submitted meet the codification, filing and Register publication requirements outlined in this Part. The original Certificate is filed with the rules, amendments or repealer.
History
An agency submitting adopted rules, amendments or repealers for Illinois Register publication shall follow the procedures outlined in Section 100.Subpart B.
History
a) Each adopted rule submitted for Register publication shall be part of a Notice of Adopted Rules (Amendments, Repealers) (see Appendix B, Illustration A) at the beginning of which the information listed in subsections (a)(1) through (15) below shall appear. On the next page, the full text of the rules, amendments, or repealer and, if the adopted rulemaking is an amendment to an existing Part (except for a repeal of an entire Part or a repeal of one or more Sections of a Part with no other rulemaking action occurring at the same time), the text as it is on file in the Index Department with all changes indicated by strike-outs and/or underscoring:
The heading of the Part;
The Code citation (include only the Chapter number, the Code abbreviation, General Act number followed by a colon and the Part number);
Section Numbers Proposed Action
(list in numerical order) (new Section, amendment,
(include supplementary material) repeal, renumber, etc.)
The specific statutory citation upon which the Part is based and authorized;
The effective date of the adopted action (see also Section 100.550);
Whether the rule contains an automatic repeal date (see Section 100.335);
Whether the adopted rule (amendment) contains incorporations by reference pursuant to Section 6.02(b) of the Act;
A statement that a copy of the adopted rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection;
The date(s) the Notice(s) of Proposed Rules was (were) published in the Illinois Register (include the Register citation(s) to the page);
Whether JCAR issued a statement of objection to the rules and, if so, the following information:
A) Date and Register citation to the objection;
B) Date and Register citation to the agency's response;
C) Date agency submitted the response to JCAR;
A statement of the changes made between the proposed and adopted versions;
A statement that all the changes agreed upon by JCAR and the agency have been made as indicated in the agreements issued by JCAR to the agency (see definition of "agreements," Section 100.110);
Whether this rule will replace an emergency rule currently in effect. If an emergency was originally filed but has since expired, the answer to this question is "no";
Whether there are any proposed amendments pending on this Part other than those appearing in the same issue of the Register as this adoption. If so, please specify the Section numbers, the proposed action and the Register citation to the Notice of Proposed Rules;
Summary and purpose of rulemaking; and
The name, address and telephone number of the person to whom information and questions regarding this adopted rule shall be directed.
b) If numbering changes are made, these changes must be specified on the Notice.
c) Under the Section Numbers and Adopted Action columns at the beginning of the Notice of Adopted Rules (see subsection (a)(3) of this Section) shall be listed the specific Section number(s) and the specific action being taken. If several actions are occurring, each Section affected must be listed on a separate line with the appropriate action listed on the same line under the correct column. This enables the Index Department staff to accurately compile the Sections Affected Index for each week's Register. Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is occurring must also be listed under these columns.
d) Only one Part shall appear per Notice. All new Sections, amendments to existing Sections and repealers of Sections must be listed on the one Notice. The Index Department will accept only one Notice per Part for adopted rules for publication in a single issue of the Register, unless the agency is repealing the Part in its entirety and adopting a new Part with the same subject matter to replace the repealed Part. In this instance only, the Index Department will accept two Notices of adopted rulemaking, one for the repealer and one for the new Part, for publication in the same issue of the Register.
e) If an agency is adopting several Sections which were proposed as separate rulemakings, the statutory authority and description of the rulemaking shall be divided clearly.
History
a) The text of the adopted rules shall begin on the next page following the last line of information required on the Notice by Section 100.530(a)(1) through (16) and Appendix B, Illustration A, shall contain the Register headings, the agency name and the action heading (NOTICE OF ADOPTED RULES (AMENDMENTS, REPEALER)), and shall include the following information for publication in the Register:
If the adopted rule is a new Part: the headings, the complete table of contents, the authority note, the main source note, and the full text of the new Part.
If the adopted rule is a new Section with no other changes to the Part: the headings, the complete table of contents, the authority note, the main source note, and the full text of the Section being adopted. The table of contents must show by underscoring the Section number and heading being added. Subparts and their headings shall be shown in the text. The Section must also contain the appropriate Section source note(s). (See Section 100.330)
If the adopted rule is an amendment to the Part (changed language in one or more Sections or the addition or deletion of one or more Sections): the headings, the complete table of contents, the authority note, the main source note, and the full text of the Sections being amended identifying by strike-outs or underscoring the changes between the original rule on file with the Index Department and the final version. Subparts and their headings shall be shown in the text. If Sections are being renumbered, this action must appear both in the table of contents and in the text of the adopted amendments. Sections which are being either renumbered or repealed so that no text remains at that Section number shall have the word "(Repealed)" or "(Renumbered)", as the case may be, immediately following the Section heading in both the table of contents and the text. The Section(s) must also contain the appropriate Section source note(s) (see Section 100.330).
If the adopted rule is a repealer of a Part: the full text shall not be published but the file copy must show the headings of the Part with "(Repealed)"; a source note with the repeal citation to the Illinois Register shall replace the main source note if the Part is not being replaced by new text. When the entire Part is being repealed, strike-outs shall not be used. The last line of the required information on the Notice pursuant to Appendix B, Illustration A shall be omitted.
If the adopted rule is a repealer of a Section with no other changes to the Part: the full text shall not be published in the Register but a new complete table of contents for the Part showing the word "(Repealed)" following the heading of the repealed Section must be filed along with a replacement page for the repealed Section. (See Section 100.500(d)) When an entire Section is being repealed with no other changes to the Part, strike-outs shall not be used. In this case, the last line of the required information on the Notice pursuant to Appendix B, Illustration A, shall be omitted.
b) If Sections of the Part have been renumbered, those changes must be indicated in the text and table of contents of the Part in the Register publication. The text of Sections which are being renumbered from another Section in its entirety shall appear in numerical order according to where they are being adopted as renumbered. (See Section 100.345)
c) If emergency amendments to the Part are in effect at the time new amendments are being adopted and the new amendments do not replace the emergency amendments, the table of contents for both filing and Register publication shall indicate the Sections on which emergencies are still in effect. (See Sections 100.620 and 100.630)
History
The Index Department staff will review all adopted rules, amendments and repealers for publication, filing, and codification requirements upon the agency's submission of the material to the Index Department following the end of the second notice period. The Register and file versions will be checked for compliance with this Part. Agencies shall submit the following:
a) One acceptable word processing version of the Notice of Adopted Rules on a 3½ inch disc.
b) One original and two copies of the Register pages correctly collated and stapled with the Notice preceding the text.
c) The original and two copies of the file pages that are all three-hole punched, not stapled and printed on one side of the page, with the agency certification preceding the files pages.
d) The JCAR Certification of No Objection or, if JCAR has issued an objection, the agency's response to the objection in proper format pursuant to this Part.
e) A copy of the JCAR agreements issued on the rulemaking resulting from JCAR review of the rulemaking and the agency.
f) A cover letter describing the material being submitted.
History
a) Following the expiration of the second notice period, the agency shall submit a copy of both the Register and file copies of the final version of the rule for review by the Index Department at least five (5) working days prior to the date the agency wishes to adopt, amend or repeal the rule. The Index Department will sign the Certificate of Review and Approval (100.Appendix B, Illustration C) when the material to be adopted meets the codification, filing and Register publication requirements outlined in this Part.
b) The agency should, prior to submitting adopted rules for final review, check the text of the rules or amendments to ensure the inclusion of all agreements for changes made with JCAR (see definition of "Agreements," Section 100.110) and that the Administrative Code computer data base version is correct, and that all Administrative Code requirements have been met. If the agency determines that all material is correct, it shall so specify on the Notice of Adopted Rules (Amendments Repealer).
History
Emergency rules shall be filed with the Index Department as provided in this Subpart, Sections 100.220, 100.500, 100.510, and 100.540 of this Part and Section 5-45 of the IAPA. When an agency files an emergency rule, a situation must exist which the agency finds reasonably constitutes a threat to the public interest, safety or welfare. Accompanying the emergency rules must be:
a) a certification of the emergency rules as shown in 100.Appendix C, Illustration C. This certification must specify the reason for the emergency, and
b) a cover letter specifying the material being submitted and the reason for submission (filing, Register publication, review, etc.).
History
a) Each emergency rule submitted for publication in the Illinois Register shall include a Notice of Emergency Rules (Amendments, Repealers) (see 100.Appendix C, Illustration A) at the beginning of which the information listed in subsections (a)(1) through (12) below shall appear. On the next page, the full text of the rules, amendments, or repealer and, if the rulemaking amends or repeals an existing Part, the text shall appear as it is on file in the Index Department with all changes indicated by strike-outs and/or underscoring.
The heading of the Part;
The Code citation (include only the Chapter number, the Code abbreviation, General Act number followed by a colon and the Part number);
Section Numbers Proposed Action
(list in numerical order) (new Section, amendment,
(include supplementary material) repeal, renumber, etc.)
The specific statutory citation upon which the rule is based and authorized;
The effective date of the rule (immediately or less than 10 days after filing);
If this emergency rule is to expire before the end of the 150-day period (other than by means of adopting the rule through the general rulemaking process), please specify the date;
Date filed with the Index Department;
A statement that a copy of the emergency rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection;
The reason for the emergency;
A complete description of the subjects and issues involved;
Whether there are any proposed amendments pending on this Part other than those appearing in the same issue of the Register as the emergency rules. If so, please specify Section numbers, the proposed action and the Register citation to the Notice of Proposed Rules;
A Statement of Statewide Policy Objectives, if applicable (see also Sections 100.110 and 100.415(b));
The name, address and telephone number of the person to whom information and questions regarding this adopted rule shall be directed.
b) Under the Section Numbers and Emergency Action columns at the beginning of the Notice of Emergency Rules (see subsection (a)(3) of this Section) shall be listed the specific Section number(s) and the specific action being taken. If several actions are occurring, each Section affected must be listed on a separate line with the appropriate action listed on the same line under the correct column. This enables the Index Department staff to accurately compile the Sections Affected Index for each week's Register. All Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is occurring must be listed in these columns.
c) All emergency action to one Part shall appear on one Notice, unless the Part is being repealed in its entirety and replaced by a new Part (same subject matter) by emergency action. In this instance only, two Notices, one for the repealer and one for the new Part, will be accepted for publication in one issue of the Register.
History
The text of emergency rules shall begin on the next page following the last line of information required on the Notice by 100.Appendix C, Illustration A, shall contain the Register headings, the agency name and the action heading NOTICE OF EMERGENCY RULES (AMENDMENTS, REPEALER), and shall include the following information for publication in the Illinois Register:
a) If the emergency rule is a new Part: the full text of the Part including headings, the complete table of contents with the word "EMERGENCY" appearing immediately under each Section number, the authority note, and the main source note. Immediately under each Section number in the text shall appear the word "EMERGENCY".
b) If the emergency rule is a new Section(s) of a Part with no other changes to the Part: the full text of the Section(s) including headings, the complete table of contents with the word "EMERGENCY" appearing immediately under the number of the affected Sections, the authority note, and the main source note for the Part. Subparts and their headings shall appear in the text. Each Section must have an appropriate Section source note. (See Section 100.330) Immediately under each Section number in the text shall appear the word "EMERGENCY".
c) If the emergency rule is an amendment to the Part (changed language in one or more Sections and/or the addition or deletion of one or more Sections: the full text of the Section(s) including the headings, the complete table of contents with the word "EMERGENCY" appearing immediately under the Section numbers for the affected Sections and emergency changes to headings and numbers indicated by strike-outs and underscoring, the authority note and the main source note for the Part. Subparts and their headings shall appear in the text. Language being deleted shall be indicated by strike-outs and language being added indicated by underscoring. If Sections are being renumbered, this action must appear both in the table of contents and in the text of the emergency amendments. Each affected Section must have an appropriate Section source note. (See Section 100.330) Immediately under each Section number in the text shall appear the word "EMERGENCY".
d) If the emergency rule is a repealer for a Part: the full text of the Part including the headings, the complete table of contents, the authority note, and the main source note.
e) If the emergency rule is a repealer of a Section with no other changes to the Part: the full text of the Section including the headings, the complete table of contents with the word "EMERGENCY" appearing immediately under the Section number for each affected Section and the word "(Repealed)" immediately following the Section heading, the authority note, and the main source note for the Part. Subparts and their headings shall appear in the text. Immediately under the Section number in the text shall appear the word "Emergency" with the word "(Repealed)" immediately following the Section heading.
History
Each emergency rule submitted for filing shall follow the procedures for adopted rules as specified in Sections 100.500 and 100.510; however, immediately under the Section number of each affected Section shall be the word EMERGENCY in both the table of contents and the text.
History
a) Pursuant to Section 5-45 of the IAPA, an emergency rule may be in effect for not longer than 150 days. No emergency rule may be adopted more than once in any 24-month period except as noted in Section 5-45 of the Act.
If the agency involved does not adopt, amend, or repeal, the rule through the general rulemaking process during the 150-day period, the rule shall automatically expire at the end of the period.
If the agency adopts the rule through the general rulemaking process prior to the expiration of the 150-day period, the permanently adopted rule will automatically replace the emergency rule.
If the emergency is due to expire before the expiration of the 150-day period (other than by means of adopting the rule through the general rulemaking process), the date on which the emergency rule is to expire shall be shown on the Notice of Emergency Rules (Amendments, Repealer).
b) In the event an emergency rule expires without being adopted through the general rulemaking process, the Index Department will replace the expired emergency Sections with the original text of the affected Sections in effect prior to the emergency. (See Section 5-45 of the IAPA) The agency shall file a new table of contents page(s) with the Index Department. The new table of contents shall not contain the word "EMERGENCY" under the Section numbers unless another emergency rule is still in effect on that Part. It shall include an updated main source note entry indicating the emergency expiration date immediately following the emergency affected.
c) If the expiration involves a new Section, a new table of contents will be required with "emergency expired)" noted next to the Section heading(s) involved; an entry following the emergency action noting the emergency expiration date in the main source note; and a replacement page for the Section showing the Section heading(s) followed by "(emergency expired)" and the Section source note reflecting the emergency action followed by the emergency expiration date.
d) If the expiration involves a new Part, a replacement page will be required for filing with the proper headings and a source note indicating the emergency action involved and the emergency expiration date.
History
An agency may adopt an emergency rule pursuant to Section 5-45 of the Act while simultaneously proposing the rule for permanent adoption. This proposed rule is subject to the general rulemaking procedures as outlined in this Part. If the emergency and the proposed rule are identical and appear in the same issue of the Register, the text of the rule need only be printed once. If the proposed rule and the emergency rule are not identical, the text of both rules must be published in the Register. If the emergency rule and the proposed rule appear in different issues of the Register, whether or not the rules are identical, the full text of each rule must be printed in the Register.
History
The Index Department will review emergency rules (amendments, repealer) in accordance with the specifications listed in Section 100.545 with the following addition: The word EMERGENCY must appear immediately under the Section number of each Section affected both in the Part's table of contents and in the text both for the Register version and the file.
History
Emergency rules should be submitted to the Index Department for review five (5) working days prior to the date the emergency rule is to take effect. If time requires, however, the emergency rule may be filed and published to become effective immediately without the Certificate of Review and Approval provided it meets the filing and publication requirements of this Part. If the filing and/or publication requirements as outlined in this Part have not been met, the material cannot be published until the appropriate corrections have been made and the material has been re-submitted to the Index Department. These codification changes shall affect neither the validity of the rule nor its effective date. When the rule meets the rulemaking requirements outlined in this Part, the Index Department will sign its Certificate of Review and Approval.
History
a) To modify an emergency rule in response to an objection issued by JCAR, the agency must submit to the Index Department one ASCII format file or an acceptable word processing program on a 3½ inch disc, one original and two paper copies of a Notice of Modification of Emergency Rules (Amendments, Repealer) in Response to a JCAR Objection which indicates the following:
The heading of the Part;
The Code citation;
Section numbers;
Illinois Register citation to the Notice of Emergency Rules (Amendments, Repealer);
Illinois Register citation to the JCAR Statement of Objection;
The effective date of the emergency rulemaking;
The date the modified rules were filed in the Code Division;
The specific modifications being made; and
The full text of the Sections being modified showing by strike-outs and underscoring the changes being made.
b) The format for this Notice is shown in 100.Appendix C, Illustration D.
c) The agency shall also submit one original and two copies of the modified Sections for filing including the Part's table of contents and all affected Sections.
d) A cover letter and agency certification must also accompany the materials listed above.
e) These modifications do not extend the original 150 day time limit of the emergency rulemaking.
f) The modified rules (amendments, repealer) must also meet all the codification, filing, and publication requirements as outlined in this Part prior to the Code Division's filing and publishing the Notice of Modification to Emergency Rules (Amendments, Repealer).
History
If an emergency rule must be repealed before the end of the 150 day period (other than by means of a specified expiration date specified on the original Notice of Emergency Rules (Amendments, Repealer), the repeal must be an emergency repeal even if done in response to a JCAR objection. Any rules which have been adopted and filed in the Index Department may not be withdrawn.
History
If an agency is required by federal law, federal rules or a court order to adopt a rule, an amendment to a rule or a repealer under conditions which preclude it from complying with the general rulemaking procedures as outlined in this Part and Section 5-50 of the IAPA, the agency shall submit file copies of the rule according to Sections 100.500, 100.510(a) and (c) and 100.540 and publication copies of the rule according to Section 100.220 within thirty (30) days after a change in the rules is required. A certification of the peremptory rules in the form as shown in 100.Appendix D, Illustration C shall accompany the rule. A cover letter describing all materials submitted shall also accompany the rules.
History
a) Each peremptory rule submitted for Register publication shall include a Notice of Peremptory Rules (Amendments, Repealers) (see 100.Appendix D, Illustration A) at the beginning of which shall appear the information listed in subsections (a)(1) through (13) below. On the next page shall appear the full text of the rules and, if the peremptory rulemaking is an amendment to or repeal of an existing Part, the text as it is on file in the Code Division with all changes shown by strike-outs and/or underscoring.
Heading of the Part;
Code Citation (include only the Chapter number, the Code abbreviation, General Act number followed by a colon and the Part number);
Section Numbers Proposed Action
(list in numerical order (new Section, amendment, repeal,
(include supplementary material renumber, etc.)
Reference to the appropriate State or federal court order, federal law, federal rule, or collective bargaining agreement and the agency's reason for peremptory rulemaking;
Statutory authority;
Effective date;
A complete description of the subjects and issues involved;
Whether the rule contains an automatic repeal date;
Date filed with the Index Department;
A statement that a copy of the peremptory rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection;
A statement that the rule is filed in compliance with Section 5-50 of the Act;
Whether there are any proposed amendments pending on this Part other than those appearing in the same issue of the Register as this peremptory rulemaking. If so, please specify Section numbers, the proposed action, and the Register citation to the Notice of Proposed Rules;
A Statement of Statewide Policy Objectives (if applicable) (see Sections 100.110 and 100.415(b)); and
The name, address and telephone number of the person to whom information and questions concerning this peremptory rule shall be directed.
b) Under the Section Numbers and Peremptory Action columns at the beginning of the Notice of Peremptory Rules (Amendments, Repealer) (see subsection (a)(3) of this Section) shall be listed the specific Section number(s) and the specific action being taken. If several actions are occurring, each Section affected must be listed on a separate line with the appropriate action listed on the same line under the correct column. All Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is occurring must also be listed under these columns.
c) All peremptory rulemaking action for one Part shall appear on one Notice. The Index Department will not accept for Register publication more than one Notice per Part per issue of the Register, unless the agency is repealing a Part in its entirety and adopting a new Part (same subject matter) to replace the repealed Part. In this instance only, the Index Department will accept two Notices, one for the repealed Part and one for the new Part, for publication in the same issue of the Register.
History
The text of peremptory rules submitted for Register publication shall begin on the next page following the last line of the information required by Appendix D, Illustration A and shall include:
a) If the peremptory rule is a new Part: the full text of the Part including the headings, the complete table of contents, the authority note, and the main source note.
b) If the peremptory rule is a new Section(s) to a Part with no other changes being made to the Part: the full text of the affected Section(s) including the headings, the complete table of contents, the authority note, and the main source note for the Part. The table of contents shall indicate by underscoring the Section(s) being added. Subparts and their headings should appear in the text so that the public has a better understanding of how the new Section relates to the Part as a whole. The affected Sections shall include appropriate Section source notes. (See Section 100.330)
c) If the peremptory rule is an amendment to a Part (new Sections, changed language in existing Sections or the repeal of Sections): the full text of the Sections affected including the headings, the complete table of contents, the authority note, and the main source note for the Part. the text shall indicate peremptory changes by appropriate strike-outs and/or underscoring. Subparts and their headings should appear in the text so that the public has a better understanding of how the amendment relates to the Part as a whole. If Sections are being renumbered, this action must appear both in the table of contents and in the text of the peremptory amendment. The Section(s) shall contain the appropriate Section source note(s). (See Section 100.330) For Sections being repealed, the word (Repealed) shall appear immediately after the Section heading in both the table of contents and the text. For Sections being renumbered, the word (Renumbered) shall appear immediately after the Section heading in the table of contents and the text.
d) If the peremptory rule is a repealer of a Part: the full text of the Part including the headings, the complete table of contents, the authority note, and the main source note.
e) If the peremptory rule is a repealer of a Section of a Part with no other changes being made to the Part: the full text of the Section including the headings, the complete table of contents, the authority note, and the main source note for the Part. The word (Repealed) shall immediately follow the Section heading of each Section being repealed both in the table of contents and the text. Subparts and their headings should appear in the text so that the public has a better understanding of how the repealed Section relates to the Part as a whole. Affected Sections must contain appropriate Section source notes.
History
Peremptory rules submitted for filing with the Secretary of State shall follow the procedures as outlined in Sections 100.500 and 100.510.
The Index Department will review peremptory rules (amendments, repealer) in accordance with the specifications listed in Section 100.545.
History
Agencies should submit peremptory rules to the Index Department for review at least five (5) working days before the rules are to become effective. If time requires, however, a peremptory rule will be filed and published to become effective immediately without the Certificate of Review and Approval provided it meets the filing and publication requirements of this Part. If the material being submitted does not meet the filing and/or publication requirements as outlined in this Part, the material will be returned to the agency for corrections prior to being accepted for filing publication. When the Part meets the codification requirements outlined in this Part, the Index Department will sign the Certificate of Review and Approval. See Section 100.550
History
a) Each agency shall adopt rules on the following pursuant to Section 5-15 of the Act:
a description of the current organization of the agency including charts of such organization;
procedures on public access to subjects, programs, and activities of the agency;
tables of contents, indexes, reference tables, and other materials to aid users in finding and using the agency's collection of rules currently in force;
the rulemaking procedures of the agency including any flow charts depicting such;
a location for public inspection of incorporated reference materials.
b) Agency organization charts shall neither specify names of individuals nor contain pictures of individuals. Rather, they shall specify only the bureaus, departments, divisions, sections, or units applicable to the agency.
c) Rules specifying minimum qualifications for administrative law judges, as required by Section 10-20 of the Act, may be adopted pursuant to Section 5-15 or Section 5-35.
History
Rules filed pursuant to this Subpart become effective upon filing with the Index Department, and may be adopted, amended, or repealed without the Notice of Proposed Rules (Amendments, Repealer). Agencies shall submit a copy of both the Register version and the file version for review five (5) working days prior to the date the rules are to become effective. The file copy of such rules shall be as specified in Section 100.500. A Notice of Adopted Rules (Amendments, Repealer) and the text of the rules shall be submitted by the agency for publication in the Illinois Register as outlined in Sections 100.530 and 100.540. The agency shall also submit an agency certification of the rules as illustrated in 100.Appendix B, Illustration C and those documents specified in Section 100.510(a).
History
The Index Department will review all internal rules (amendments, repealers) for compliance with the filing, codification, and publication requirements pursuant to Section 100.545.
History
Each internal rule submitted to the Index Department for filing and for Register publication shall be issued the signed Certificate of Review and Approval (100.Appendix B, Illustration C), indicating that the codification, filing, and publication requirements outlined in this Part have been met. (See Sections 100.450 and 100.550)
History
If JCAR prohibits the filing of a proposed rule or suspends an emergency or peremptory rule, pursuant to Sections 5-115 and 5-125 of the Act, it shall submit a certified statement prohibiting the rulemaking to the Index Department. The certified statement shall be in accordance with Illinois Register publication requirements as outlined in Section 100.220 of this Part.
History
a) Proposed rules shall not be filed by the Secretary of State for at least 180 days after receipt of the certified statement from JCAR prohibiting the filing. The effectiveness of emergency or peremptory rules shall be suspended for at least 180 days following the receipt by the Secretary of State of the certified statement from JCAR. During this 180-day period, the agency may not file, and the Secretary of State shall not accept, any rule having substantially the same purpose and effect as the suspended rules. (Sections 5-115 and 5-125 of the Act)
b) The Secretary of State will indicate prominently on the face of the affected rule such suspension for emergency and peremptory rules. (Section 5-115 of the Act)
History
Passage of a joint resolution by the General Assembly to continue the prohibition (within the 180-day period) shall have the effect of permanently prohibiting the agency from filing the proposed rule(s). In the event of emergency or peremptory rule(s), the rule(s) shall be immediately repealed. The Secretary of State shall remove prohibited rules(s) from its collection of current rules. (Sections 5-115 and 5-125 of the Act)
History
As specified by Section 5-65 of the IAPA, each agency is required to file both in the Office of the Secretary of State and the agency's principal office a certified copy of all rules adopted by the agency including any amendments to or repeal of such rules or portions thereof. Both the Index Department and the agency shall keep a permanent register of the rules which shall be open to public inspection.
History
The Index Department shall provide a copy of any rule, including a certification thereof when requested, to the public upon request, either in person or in writing, such copies being subject to fees according to Ill. Rev. Stat. 1991, ch. 53, par. 24 [5 ILCS 290/10].
History
The Illinois Administrative Code provides public access to all the rules of the state's agencies on file with the Office of Secretary of State. The Index Department will publish an annual Code. The Illinois Register serves as the weekly supplement to the Illinois Administrative Code.
History
The codification system, the indexes, tables and other aids for locating rules prepared by the Secretary of State, notes, and other materials developed under this Section in connection with the publication of the Illinois Administrative Code and Illinois Register shall be the official compilation of the administrative rules of Illinois and shall be entirely in the public domain for purposes of federal copyright law. (Sec. 5-80 of the Act.)
History
History
When an agency or the Index Department determines that, for public information and understanding or for better coordination of its rules, recodification is necessary, it shall follow the procedures as outlined in Section 100.1110. Parts or Sections thereof shall be recodified when:
a) an entire Part is being renumbered;
b) more than 6 Sections of a Part are being renumbered;
c) one or more Sections are being split into two or more Sections;
d) two or more Sections are being combined into one Section;
e) one or more Sections of a Part are being renumbered so that the numerical list of the Sections and/or alphabetical list of the Subparts in which they appear falls out of order;
f) Subparts are being changed;
g) Agency names are being changed;
h) Title numbers or headings are being changed;
i) General Act numbers are being changed.
History
a) An agency recodifying its existing rules with no substantive changes is exempt from the notice requirements of Section 5-40 of the IAPA and from the publication of the full text of the rules. However, the agency shall be required to submit a Notice of Recodification (see 100.Appendix E, Illustration A) for publication in the Illinois Register. Such Notice shall contain the following information:
The heading of the Part;
The Code citation;
The date of Index Department review;
The current headings and numbers of the rules being recodified;
The outline of headings of Sections of the rules as recodified;
A conversion table of present and recodified rules.
b) When an agency recodifies a Part, it must submit a copy of the Notice of Recodification and a copy of the text of the Part as recodified to the Index Department for review at least 30 days prior to the date the agency wishes to adopt the recodified Part.
c) In the event an agency or agencies are reorganizing or merging, all the Parts that are being recodified may be listed on a single Notice of Recodification.
History
The Index Department staff will review each recodified rule to check compliance with the specifications outlined in Section 100.545(b) and Appendix E, Illustration A.
History
Prior to filing recodified rules with the Index Department, the agency must obtain a Certificate of Review and Approval from the Index Department (See Appendix E, Illustration C and Sections 100.450 and 100.550). Such Certificate shall only be issued when the rules being recodified meet the requirements not only of codification but also of filing and publication as outlined in this Part. Prior to accepting recodified rules for filing, the Index Department staff shall review the rules and the Notice of Recodification to ensure that they meet the codification, filing, and publication requirements as outlined in this Part and, if so, will issue a Certificate of Review and Approval. Please refer to Section 100.550 for further information on the Certificate of Review and Approval.
History
a) The format for Register publication of JCAR Statements of Objection or Recommendation shall be as shown in Appendix E, Illustration E and as follows:
Under "Heading of the Part," the heading of the Part on which objections are being issued shall be listed as it appears on the Part's table of contents on file and in effect in the Index Department or, if the Part is a new one, as the heading appeared on the Part's table of contents as published in the Register. No Section headings are to be listed here.
Under "Code Citation," the citation to the Part as it appeared in the proposal published in the Register shall be shown.
Under "Section Numbers," the Section numbers as they appeared in the proposal shall be listed. No subsection labels are to be listed in this column.
Under "Proposed Action," the action as shown on the Notice of Proposed Rules (Amendments, Repealer) shall be listed.
Each page of the Notice shall have the four Register headings as shown in Appendix E, Illustration E.
b) For all other Notices submitted by JCAR for Register publication:
A) The Register heading (the words ILLINOIS REGISTER centered on a solid line one inch from the top of the page);
B) The name of the agency in all capital letters one double-space under the solid line;
C) The type of Notice in all capital letters one double-space under the agency name;
D) The text of the Notice beginning one double-space under the type of Notice.
A) The name of the agency whose rules the Notice concerns;
B) The Code Citation for the Part;
C) The Section Numbers of the Part involved.
History
The Index Department will review other Notices and materials submitted for Register publication to:
a) determine whether they meet the publication requirements outlined in this Part, and
b) determine whether they are statutorily required to be published in the Illinois Register.
History
Pursuant to Section 5-60 of the IAPA, an agency shall submit for publication in the Illinois Register by January 1 and July 1 of each year a regulatory agenda to elicit public comments concerning any rule which the agency is considering proposing but for which no notice of proposed rulemaking activity has been submitted to the Illinois Register. The format for a regulatory agenda appears in 100.Appendix E, Illustration F. All regulatory agendas submitted to the Index Department shall meet the requirements for Register publication as outlined in this Part. If an agency finds that a situation exists that requires the adoption of a rule that was not summarized on either of the 2 most recent regulatory agendas, it shall state the reasons in writing together with the facts that form their basis upon filing notice of proposed rulemaking with the Secretary of State [5 ILCS 100/5-60] in the format in 100.Appendix A, Illustration A.
History
Pursuant to Section 5-30 of the Act, the Department of Commerce and Community Affairs may submit a Regulatory Flexibility Notice (100.Appendix E, Illustration G) for proposed rules which affect small businesses before the expiration of the notice period required under subsection (b) of Section 5.40 of the Act to be published in the next available Register.
History
a) Each state agency having rules on file in the Office of the Secretary of State, Index Department, the constitutional officers, and members of the Illinois General Assembly shall receive, upon request, one complimentary set of the Illinois Administrative Code. Requests must be received in writing by the Index Department. The Illinois State Library will receive forty (40) sets for the depository library program. Any additional sets desired by an agency must be purchased.
b) All other persons, businesses, and organizations wishing to purchase sets of the Illinois Administrative Code may purchase them at the fee specified in Section 100.1210.
c) All orders will be filled on a first-come, first-served basis.
d) All requests for purchase must follow the procedures specified in Section 100.1210.
History
a) The Illinois Administrative Code is available at a fee of $290.00 per set from the Index Department which covers publication and mailing costs, as specified in Section 5-80(f) of the IAPA.
b) All requests for complete sets of the Illinois Administrative Code may be charged to an accepted credit card or must be requested in writing and accompanied by a check or money order made payable to SECRETARY OF STATE. Cash will not be accepted.
c) Requests for complete sets of the Illinois Administrative Code will be honored on a first-come, first served basis until supplies are depleted.
History
Section 100.ILLUSTRATION A Notice of Proposed Rules
For detailed information on this Notice, please refer to Section 100.410.
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF PROPOSED RULES
Heading of the Part:
Code Citation:
Section Numbers: Proposed Action:
Statutory Authority:
A Complete Description of the Subjects and Issues Involved:
Published studies or reports, and sources of underlying data, used to compose this rulemaking:
Will this proposed rule replace an emergency rule currently in effect?
Does this rulemaking contain an automatic repeal date? ___ Yes ___ No If "yes," please specify the date:
Does this proposed rule (amendment, repealer) contain incorporations by reference?
Are there any other proposed amendments pending on this Part?
Section Numbers Proposed Action Illinois Register Citation
Statement of Statewide Policy Objectives:
Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:
Initial Regulatory Flexibility Analysis:
A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed rule (amendment, repealer):
B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the rule (amendment, repealer):
C) Description of the types of professional skills necessary for compliance:
Determine whether the rulemaking has an adverse impact on small business (fewer than 50 full-time employees or less than $4,000,000 in gross annual sales). An adverse impact is one that can be reasonably foreseen on small businesses including, but not limited to, a loss of customers, loss of revenue, or increased business expenses. If the proposed rule (amendment, repealer) has an adverse impact on small business, the agency must provide an economic impact analysis including:
A) Types of businesses subject to the proposed rule (amendment, repealer) (Check all that apply);
11 Agriculture, Forestry, Fishing and Hunting
21 Mining
22 Utilities
23 Construction
31-33 Manufacturing
42 Wholesale Trade
44-45 Retail Trade
48-49 Transportation and Warehousing
51 Information
52 Finance and Insurance
53 Real Estate Rental and Leasing
54 Professional, Scientific, and Technical Services
55 Management of Companies and Enterprises
56 Administrative and Support and Waste Management
and Remediation Services
61 Educational Services
62 Health Care and Social Assistance
71 Arts, Entertainment, and Recreation
72 Accommodation and Food Services
81 Other Services (except Public Administration)
92 Public Administration
B) Estimated number of small business subject to the proposed rule (amendment, repealer):
C) Categories that the agency reasonably believes the rulemaking will impact, including (Check all that apply):
i. hiring and additional staffing;
ii. regulatory requirements;
iii. purchasing;
iv. insurance charges;
v. licensing fees;
vi. equipment and material needs;
vii. training requirements;
viii. record keeping;
ix. compensation and benefits; or
x. other potential impacted categories. (please describe below)
D) Projected reporting, recordkeeping and other administrative costs for compliance with the proposed rule (amendment, repealer):
E) Type of professional skills necessary for preparation of any report or record required for compliance with the proposed rule or amendment.
F) Statement of the probable positive or negative economic effect on small business:
G) Description of any less intrusive or costly alternative methods of achieving the purposes of the rule (amendment, repealer):
Jan. 20___ July 20___ OR This rule was not included on either of the 2 most recent agendas because:
The full text of the Proposed Rules begins on the next page:
AGENCY NOTE: The solid line shall be exactly one inch from the top of the page. Also, if the proposal is a new Part, use the type of action statement as shown in this illustration; if the proposal is an amendment to a Part (new Sections being added, existing Sections being amended or repealed), the action shall state NOTICE OF PROPOSED AMENDMENTS; If the proposal is a repealer of an entire Part, the action shall state NOTICE OF PROPOSED REPEALER.
History
Section 100.ILLUSTRATION B Notice of Withdrawal of Proposed Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF WITHDRAWAL OF PROPOSED RULES
Heading of the Part:
Code Citation:
Section Numbers: Proposed Action:
Date Notice of Proposed Rules (Amendments, Repealer) Published in the Illinois Register:
,
Ill. Reg.
(issue date)
NOTE: This Notice of Withdrawal is to be used only when withdrawing rules that have not been moved by the agency to second notice. If the proposal was a new Part, the type of action statement shall be as shown above; if the proposal was amendments to an existing Part, the action shall state NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS; if the proposal was a repeal of an entire Part, the action shall state NOTICE OF WITHDRAWAL OF PROPOSED REPEALER.
History
Section 100.ILLUSTRATION C Notice of Modification, Withdrawal or Refusal in Response to an Objection by the Joint Committee on Administrative Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF (MODIFICATION, WITHDRAWAL OR REFUSAL)* TO MEET THE OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES
Heading of the Part:
Code Citation:
Section Numbers: Action:
Date Notice of Proposed Rules Published in the Register (if applicable):
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
*Choose the appropriate word(s): Modification, Withdrawal, or Refusal
NOTE: After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Joint Committee. If an agency plans to take different actions on each objection issued by the Joint Committee, the type of action statement on the Notice shall specify the specific actions as noted in Section 100.440. The exact wording (that is, RULES, AMENDMENTS, REPEALER) must match the wording on the action statement on the proposal.
History
Section 100.ILLUSTRATION D Notice of Corrections to Proposed Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF CORRECTIONS TO PROPOSED RULES
Heading of the Part for which proposed rulemaking is being corrected:
Code Citation:
Illinois Register citation to Notice of Proposed Rules (Amendments, Repealer):
Ill. Reg.
;
,
19
(issue date)
Sections being Corrected:
Correction(s) being made:
NOTE: If the material being corrected is a new Part, the action statement shall state "RULES." If the material being corrected is an amendment (new Sections, amended Sections, repealed Sections) to an existing Part, the action shall state "AMENDMENTS." Since the publication of this Notice of Corrections nullifies the original first notice period, agencies are urged to withdraw their proposal and submit a new proposal rather that using this form.
History
Section 100.ILLUSTRATION E Notice of Public Hearing on Proposed Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF PUBLIC HEARING ON PROPOSED RULES
Heading of the Part:
Code Citation:
Register Citation to Notice of Proposed Rules:
Ill. Reg.
;
,
19
(issue date)
Date, Time and Location of Public Hearing:
Other Pertinent Information:
NOTE: If an agency wishes to cancel a public hearing on proposed rules, it may do so by using this form. However, the action statement (NOTICE OF PUBLIC HEARING ON PROPOSED RULES) remains the same. Only one Part shall be listed per Notice. If the public hearing is on proposed amendments to an existing Part, the action shall state NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS; if the public hearing is on a proposed repealer of an existing Part (being repealed in its entirety), the action shall state NOTICE OF PUBLIC HEARING ON PROPOSED REPEALER.
History
Section 100.ILLUSTRATION F Notice of Corrections to Notice Only (Renumbered)
History
Section 100.ILLUSTRATION A Notice of Adopted Rules
For detailed information on this Notice, please refer to Section 100.530.
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF ADOPTED RULES
Heading of the Part:
Code Citation:
Section Numbers: Adopted Action:
Statutory Authority:
Effective Date of Rule(s)(Amendments, Repealer):
Does this rulemaking contain an automatic repeal date? Yes No
If so, please specify date:
Does this rule (amendment, repealer) contain incorporations by reference?
A statement that a copy of the adopted rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
Notice(s) of Proposal Published in Illinois Register
,
Ill. Reg.
(issue date)
A)
Statement of Objection:
,
Ill. Reg.
(issue date)
B)
Agency Response
,
Ill. Reg.
(issue date)
C) Date Agency Response Submitted for Approval to JCAR:
Difference(s) between proposal and final version:
Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR?
Will this rule (amendments, repealer) replace an emergency rule (amendment, repealer) currently in effect?
Are there any amendments pending on this Part?
Section Numbers
Proposed Action
Illinois Register Citation
Summary and Purpose of Rule(s)(Amendments, Repealer):
Information and questions regarding this adopted rule (amendment, repealer) shall be directed to:
Name:
Address:
Telephone:
The full text of the Adopted Rule(s)(Amendments) begins on the next page:
NOTE: For the proper action statements, please refer to the note in Appendix A, Illustration A, substituting the word "ADOPTED" for "PROPOSED."
History
Section 100.ILLUSTRATION B Text of Adopted Rules (Repealed)
History
Section 100.ILLUSTRATION C Agency Certification
Certificate of (Adopted, Amended, Repealed, or Recodified) Part
The
(name of Agency, Board, Commission or Department)
certifies that the attached hereto is a true and correct copy of:
Heading of Part:
Code Citation:
Sections Involved:
which was duly (adopted, amended, repealed, recodified) by this agency.
Statutory Authority:
Illinois Revised Statutes
Chapter
Paragraph
Signature of Officer
Title of Officer
History
Section 100.ILLUSTRATION D Format for Filing Adopted Rules
SOS
5 Illinois Administrative Code 100
Section 1.10
NOTE: All adopted rules submitted for filing must have the Code page header as shown above on each page. (See the definition of "Page Header" in Section 100.110.)
History
Section 100.ILLUSTRATION E Notice of Automatic Repeal of Adopted Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF AUTOMATIC REPEAL OF ADOPTED RULES
Heading of the Part:
Code Citation:
Section numbers:
Statutory Authority:
Effective Date of Automatic Repeal:
A statement that a copy of the text of this rulemaking that is automatically repealed, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
Notice of Adopted Rules Which Included the Automatic Repeal Date Published in the Illinois Register:
, 19
;
Ill. Reg.
(issue date)
The full text of the rulemaking being automatically repealed begins on the next page:
NOTE: In the action statement for this Notice, the words NOTICE OF AUTOMATIC REPEAL OF RULES shall be used if the material is a complete new Part and the words NOTICE OF AUTOMATIC REPEAL OF AMENDMENTS shall be used if the material is an amendment to a Part (new Sections).
History
Section 100.ILLUSTRATION F Notice of Corrections to Adopted Rules (Repealed)
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Section 100.ILLUSTRATION G Request for Expedited Correction
ILLINOIS REGISTER
AGENCY NAME
REQUEST FOR EXPEDITED CORRECTION
Heading of the Part:
Code Citation:
Section numbers:
Date Proposal published in Illinois Register:
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
Summary and Purpose of Expedited Correction:
Information and questions regarding this request shall be directed to:
Name:
Address:
Telephone:
History
Section 100.ILLUSTRATION H Refusal to Certify Expedited Correction
ILLINOIS REGISTER
JOINT COMMITTEE ON ADMINISTRATIVE RULES
REFUSAL TO CERTIFY EXPEDITED CORRECTION
Heading of the Part:
Code Citation:
Section numbers:
Date Proposal published in Illinois Register:
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
History
Section 100.ILLUSTRATION I Notice of Expedited Correction
ILLINOIS REGISTER
AGENCY NAME
NOTICE OF EXPEDITED CORRECTION
Heading of the Part:
Code Citation:
Section numbers:
Date Proposal published in Illinois Register:
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
Adoption Effective Date:
Correction Effective Date:
Reason for Approval of Expedited Correction:
Agency Director
Date
The full text of the Corrected Rules begins on the following page.
History
Section 100.ILLUSTRATION A Notice of Emergency Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF EMERGENCY RULES
The Heading of the Part:
Code Citation:
Section Numbers: Emergency Action:
Statutory Authority:
Effective Date of Rule(s) (Amendments, Repealer):
If this emergency rule (amendment, repealer) is to expire before the end of the 150-day period, please specify the date on which it is to expire:
Date Filed with the Index Department:
A statement that a copy of the adopted rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
Reason for Emergency:
A Complete Description of the Subjects and Issues Involved:
Are there any proposed amendments to this Part pending?
Section Numbers
Proposed Action
Illinois Register Citation
Statement of Statewide Policy Objectives:
Information and questions regarding this rule (amendment, repealer) shall be directed to:
Name:
Address:
Telephone:
The full text of the emergency rules (amendments, repealer) begins on the next page:
AGENCY NOTE: For the correct action statement, please refer to the note in Appendix A, Illustration A, substituting the word "EMERGENCY" for the word "PROPOSED."
History
Section 100.ILLUSTRATION B Text of Emergency Rules (Repealed)
History
Section 100.ILLUSTRATION C Agency Certification of Emergency Rules
Certificate of Emergency Rules (Amendments or Repealer)
The
(name of Agency, Board, Commission or Department)
certifies that the attached hereto is a true and correct copy of:
Heading of Part:
Code Citation:
Sections Involved:
which was duly (adopted amended repealed) by emergency action by this agency on the _______ day of ________________, 19.
The reason for the emergency is:
Statutory Authority:
Illinois Revised Statutes
Chapter
Paragraph
Signature of Officer
Title of Officer
History
Section 100.ILLUSTRATION D Notice of Modification to Emergency Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF MODIFICATION TO EMERGENCY RULES IN RESPONSE TO AN OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES
Heading of the Part:
Code Citation:
Section numbers:
Notice of Emergency Rules (Amendments, Repealer) published in the Illinois Register:
,
Ill. Reg.
(issue date)
,
Ill. Reg.
(issue date)
Date agency submitted this modification to JCAR for approval:
Summary of Action Taken by the Agency:
The full text of the Section(s) of the emergency rules (amendments, repealer) being modified begins on the next page:
AGENCY NOTE: If the emergency was a new Part, the action statement shall state "RULES." If the emergency was an amendment (new Sections, amended Sections, repealed Sections) to an existing Part, the action shall state "AMENDMENTS."
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Section 100.ILLUSTRATION A Notice of Peremptory Rules
For detailed information on this Notice, please refer to Section 100.710.
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF PEREMPTORY RULES
Heading of the Part:
Code Citation:
Section Numbers: Peremptory Action:
Reference to the Specific State or Federal Court Order, Federal Rule or Statute Which Requires this Peremptory Rulemaking:
Statutory Authority:
Effective Date:
A Complete Description of the Subjects and Issues Involved:
Does this rulemaking contain an automatic repeal date? Yes No
If "yes," please specify date:
Date Filed with the Index Department:
A statement that a copy of the adopted rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
This rule is in compliance with Section 5-50 of the Illinois Administrative Procedure Act.
Are there any proposed amendments pending to this Part?
Section Numbers Proposed Action Illinois Register Citation
Statement of Statewide Policy Objectives:
Information and questions regarding this adopted rule (amendment, repealer) shall be directed to:
Name:
Address:
Telephone:
The full text of the Peremptory rules (amendments, repealer) begins on the next page:
AGENCY NOTE: For the correct action statement, please refer to the note in Appendix A, Illustration A, substituting the word "PEREMPTORY" for the word "PROPOSED."
History
Section 100.ILLUSTRATION B Text of Peremptory Rules (Repealed)
History
Section 100.ILLUSTRATION C Agency Certification of Peremptory Rules
Certificate of Peremptory Rules (Amendments or Repealer)
The
(name of Agency, Commission, Board or Department)
certifies that the attached hereto is a true and correct copy of:
Heading of Part:
Code Citation:
Sections Involved:
which was duly (adopted, amended or repealed) by peremptory action by this agency on the _____ day of ______, 19.
The reason for the peremptory rulemaking is:
Statutory Authority:
Illinois Revised Statutes
Chapter
Paragraph
Signature of Officer
Title of Officer
History
Section 100.ILLUSTRATION D Notice of Automatic Repeal of Peremptory Rules
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF AUTOMATIC REPEAL OF PEREMPTORY RULES
Heading of the Part:
Code Citation:
Section Numbers:
The Specific State or Federal Court Order, Federal Rule or Statute Which Required this Automatic Repeal of Rules:
Effective Date of Automatic Repeal:
A statement that a copy of the text of the rule that is automatically repealed, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
Notice of Peremptory Rulemaking Which Included the Automatic Repeal Date Published in the Illinois Register:
, 19
;
Ill. Reg.
The full text of the peremptory rules (amendments, repealer) being automatically repealed begins on the next page:
NOTE: In the action statement for this Notice, the words NOTICE OF AUTOMATIC REPEAL OF PEREMPTORY RULES shall be used if the material is a complete new Part and the words NOTICE OF AUTOMATIC REPEAL OF PEREMPTORY AMENDMENTS shall be used if the material is an amendment to a Part (new Sections).
History
Section 100.ILLUSTRATION A Notice of Recodification
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF RECODIFICATION
Heading of the Part:
Code Citation:
Date of Index Department Review:
Headings and Section Numbers of the Part Being Recodified:
Section Numbers Headings
Section Numbers Headings
Present Part Recodified Part
(Section Numbers) (Section Numbers)
History
Section 100.ILLUSTRATION B Notice of Corrections to Notice Only
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF RECODIFICATION
Heading of the Part:
Code Citation:
The Notice of Proposed (Adopted, Emergency, Peremptory) Rules (Amendments, Repealer) being corrected appeared at ___ Ill. Reg. _______, dated ___________, 19.
The information being corrected is as follows:
History
Section 100.ILLUSTRATION C Certificate of Review and Approval
Certificate of Review and Approval
HEADING AND CODE CITATION
The Index Department certifies that rule of the
(Name of Agency, Board, Commission or Department)
has been reviewed and approved this ____ day of __________, 19.
Statutory Authority:
Illinois Compiled Statutes
ILCS
Signature of Officer
Title of Officer
AGENCY NOTE: The issuance of this certificate indicates that the rule meets the requirements of codification, filing, and publication only.
History
Section 100.ILLUSTRATION D Notice of Codification Changes
ILLINOIS REGISTER
NOTICE OF CODIFICATION CHANGES
Heading of the Part:
Code Citation:
Effective Date of Rules (Amendments, Repealer):
Date Adopted (Emergency, Peremptory) Rule Appeared in the Illinois Register:
Pursuant to Section 5-80 of the Illinois Administrative Procedure Act [5 ILCS 100/5-80], and the Index Department has made the following changes in the codification of the above named rule:
The above changes have been made to the rule which is on file in the Index Department, Office of the Secretary of State. These changes do not affect the validity of the rule nor the date on which it became effective.
History
Section 100.ILLUSTRATION E Format for Statements of Objections or Recommendations Issued by the Joint Committee on Administrative Rules
ILLINOIS REGISTER
JOINT COMMITTEE ON ADMINISTRATIVE RULES
STATEMENT OF OBJECTIONS
NAME OF AGENCY UPON WHOSE RULES THE OBJECTIONS ARE BEING ISSUED
Part Heading:
Code Citation:
Section Numbers: Proposed Action:
Date proposed rules (amendments, repealer) published in the Illinois Register:
,
Ill. Reg.
(issue date)
Specific Objections:
NOTE: When objections are issued on emergency rules, the action statement shall state: STATEMENT OF OBJECTIONS TO EMERGENCY RULES (AMENDMENTS, REPEALER). When objections are issued on peremptory rules, the action shall state: STATEMENT OF OBJECTION TO PEREMPTORY RULES (AMENDMENTS, REPEALER). When objections are issued on existing rules, the action shall state: STATEMENT OF OBJECTIONS TO EXISTING RULES. When recommendations, rather than objections, are being issued, the word OBJECTION in the action statement shall be changed to RECOMMENDATION.
History
Section 100.ILLUSTRATION F Regulatory Agenda
The following format is to be used for submitting a regulatory agenda for publication in the Illinois Register:
ILLINOIS REGISTER
(AGENCY NAME)
(JANUARY OR JULY) 19___ REGULATORY AGENDA
a) Part(s) (Heading and Code Citation):
A) Description:
B) Statutory Authority:
C) Scheduled meeting/hearing dates:
D) Date agency anticipates First Notice:
E) Affect on small businesses, small municipalities or not for profit corporations:
F) Agency contact person for information:
Name:
Address:
Telephone:
G) Related rulemakings and other pertinent information:
NOTE: Only one Regulatory Agenda heading is required for each agency's planned rulemaking activity. Each Part that will be affected is to be labeled (a), (b), (c), etc. Under each rulemaking, list items (A) through (G). Repeat this format as many times as necessary. However, if a single issue requires rulemakings to more than one Part (for example, a Part listing definitions, a Part affecting Chicago and a Part affecting downstate), indicate all the affected Parts in (a) above and describe the issue as a whole in (A) through (G).
History
Section 100.ILLUSTRATION G Regulatory Flexibility Notice
ILLINOIS REGISTER
DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
NOTICE OF REGULATORY FLEXIBILITY IMPACT ANALYSIS
RULES PROMULGATED BY STATE AGENCIES
THAT MAY IMPACT SMALL BUSINESS
Name of Agency:
Heading of the Part:
Code Citation:
Sections Involved:
Notice of Proposal Published in Illinois Register:
_______________________________, ____ Ill. Reg. ____
Statutory Authority:
Information concerning this Regulatory Flexibility Impact Analysis shall be directed to:
Name:
Address:
Telephone:
Other pertinent information regarding these rules:
History
Section 100.ILLUSTRATION H Notice of Publication Error
ILLINOIS REGISTER
(AGENCY NAME)
NOTICE OF PUBLICATION ERROR
Heading of the Part:
Code Citation:
Register citation of proposed or adopted rulemaking and other pertinent action:
Explanation:
History
Act means the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100].
Administrative Code Division or Code Division means the unit of the Office of the Secretary of State Index Department that publishes the Illinois Administrative Code and the Illinois Register and with which rules are filed.
Agency means each type of entity enumerated in Section 1-20 of the Act that is authorized by law to make rules or to determine contested cases.
Co-Chairmen means the members of the Joint Committee elected to those positions pursuant to Section 1-5(c) of the Legislative Commission Reorganization Act of 1984 (Ill. Rev. Stat. 1991, ch. 63, par. 1001-5(c)) [25 ILCS 130/1-5(c)].
Director means the Executive Director of the Joint Committee.
Illinois Administrative Code means the complete text of all rules of all State agencies filed with and published by the Administrative Code Division.
Illinois Register means the weekly publication of the Administrative Code Division authorized by Section 5-70 of the Act.
Joint Committee or Committee means the Joint Committee on Administrative Rules created by Section 5-90(a) of the Act.
Nonsubstantive means procedural or nonprocedural matters that do not have an impact upon the meaning, effect or interpretation of a rule or rulemaking.
Rule means each agency statement of general applicability that implements, applies, interprets or prescribes law or policy, and that affects the private rights of or procedures available to persons or entities outside the agency, but does not include statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, informal advisory rulings issued under Section 5-150 of the Act, intra-agency memoranda or the prescription of standardized forms (Ill. Rev. Stat. 1991, ch. 127, par. 1001-70) [5 ILCS 100/1-70].
Rulemaking means the process by which agencies propose, adopt, amend or repeal rules pursuant to Section 5-35 of the Act.
Substantive means nonprocedural matters that have an impact upon the meaning, effect or interpretation of a rule or rulemaking.
History
Every rule or rulemaking published in the Illinois Register is subject to review by the Joint Committee regardless of any assertion by the agency to the contrary.
History
The Joint Committee will fulfill its function of promoting adequate and proper rules by agencies and understanding on the part of the public respecting those rules and its responsibility to review rules and rulemaking. (Ill. Rev. Stat. 1991, ch. 127, par. 5-100) [5 ILCS 100/5-100] It will cooperate with agencies and conduct hearings to promote full and open discussion of rules and rulemaking.
History
Some agencies may have some problems implementing or complying with the rulemaking procedures of the Act. The Joint Committee and its staff will discuss these types of problems with agencies. Such consultation will be used to advise agencies about form, statutory authority, or other matters considered by the Joint Committee in its review of rules and rulemaking. The Joint Committee and its staff will not issue advisory opinions.
History
a) The Administrative Code Division has the responsibility under the Act to keep on file rules promulgated by agencies and to publish the Illinois Register and the Illinois Administrative Code. The Joint Committee's procedures are coordinated with the Secretary of State's rules entitled "Rulemaking" (1 Ill. Adm. Code 100).
b) Pursuant to Section 5-65(a) of the Act, whenever a rulemaking is filed with the Secretary of State, the Secretary of State shall send a certified copy of the rulemaking to the Joint Committee within three working days after the filing.
c) The Administrative Code Division is authorized, pursuant to Section 5-80(b) of the Act, to make changes in the numbering and location of rules in the codification scheme, to recommend changes in the sectioning and headings of rules, and to make suggestions concerning the correction of grammatical and technical errors. During the first notice period, the Administrative Code Division shall notify the agency and the Joint Committee of the changes, suggestions and recommendations made. The Administrative Code Division's authority with respect to such suggestions, recommendations and changes is limited to nonsubstantive matters.
d) Section 5-80(a) of the Act provides that the Administrative Code Division shall not adopt any codification system or schedule without the approval of the Joint Committee. Approval shall be conditioned solely upon establishing that the proposal is compatible with existing electronic data processing equipment and programs maintained by and for the General Assembly. Prior to the adoption, amendment or repeal of rules relating to the codification system, the Administrative Code Division and the Legislative Information System must certify that the system or schedule meets the requirements of this subsection.
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Each week the Committee will submit for publication in the Illinois Register a list of the second notices received and accepted during the preceding week. The list will include the date on which the notice was received and the date of the hearing at which the Joint Committee intends to consider the proposed rulemaking. (Ill. Rev. Stat. 1991, ch. 127, par. 5-90) [5 ILCS 100/5-90] The list is intended only to inform the public and shall not preclude the Joint Committee from considering or acting on the rulemaking at a different hearing. The Joint Committee will attempt to notify an agency of any change in the date of its intended consideration of the agency's rulemaking.
History
a) The Joint Committee may issue a subpoena pursuant to Section 5-95(b) of the Act. The Joint Committee will issue a subpoena for reasons such as the following:
the agency refuses to appear before a Joint Committee hearing;
the agency refuses to provide information requested by the Joint Committee; or
the agency refuses to produce any records or documents requested by the Joint Committee.
b) Prior to the issuance of a subpoena, the Joint Committee or the Director will:
notify the agency (in writing if sufficient time exists) of the refusal and the fact that the Co-Chairmen or the Director intend to issue a subpoena; and
allow the agency to present its reasons for the refusal.
c) The Co-Chairmen may issue a subpoena. In addition, the Director may issue a subpoena when approved by a majority vote of the members of the Joint Committee.
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The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part.
Final Regulatory Flexibility Analysis means the statement, prepared by the agency pursuant to Section 5-40(c) of the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)] as part of the second notice, which includes a summary of issues raised by small businesses during the first notice period and a description of actions taken on any alternatives to the proposed rulemaking suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized.
First Notice means the notice of proposed rulemaking published in the Illinois Register pursuant to Section 5-40(b) of the Act.
First Notice Period means the period of time allowed for public notice and comment pursuant to Section 5-40(b) of the Act. The period commences on the date the first notice is published in the Illinois Register and must be at least 45 days in length.
Initial Regulatory Flexibility Analysis means the statement prepared by the agency pursuant to Section 5-40(b) of the Act as part of the first notice which includes a brief description of the types of small businesses, not for profit corporations or small municipalities subject to the proposed rulemaking, a description of the proposed reporting, bookkeeping, and other procedures required for compliance with the proposed rulemaking; a description of the types of professional skills necessary for compliance; and the time, place, and manner in which interested persons may present their views and comments concerning the proposed rulemaking.
Not For Profit Corporation means a corporation organized under the General Not For Profit Corporation Act of 1986 (Ill. Rev. Stat. 1991, ch. 32, par. 101.01 et seq.) [805 ILCS 105] that is not dominant in its field and employs fewer than 50 full-time employees or has gross annual sales of less than $4,000,000. For purposes of a specific rule, an agency may define a not for profit corporation to include employment of 50 or more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of not for profit corporations. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-85) [5 ILCS 100/1-85]
Second Notice means written notification to the Joint Committee that the agency wishes the Committee to begin its review process pursuant to Section 5-40(c) of the Act. Receipt by the Joint Committee of a complete second notice (see Section 220.600) will commence the Committee's review. Incomplete second notices will be returned to the agency. Each week, the Joint Committee will submit a list of second notices that have been received and accepted to the Administrative Code Division for publication in the Illinois Register.
Second Notice Period means the period of time provided for Joint Committee review of the proposed rulemaking pursuant to Section 5-40(c) of the Act. The second notice period shall expire 45 days from the date of receipt of a complete second notice (see Section 220.600) by the Joint Committee unless prior to that time the agency is in receipt of a certification and statement of objection or a certification of no objection from the Committee or unless the agency and the Joint Committee have agreed to extend the second notice period.
Small Business means a concern, including its affiliates, that is independently owned and operated, is not dominant in its field, and employs fewer than 50 full-time employees or which has gross annual sales of less than $4,000,000. An agency may define small business to include employment of 50 or more persons if it finds that such a definition is necessary to adapt a rule to the needs and problems of small businesses and organizations. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-75) [5 ILCS 100/1-75]
Small municipality means any municipality of 5,000 or fewer inhabitants and any municipality of more of 5,000 inhabitants that employs fewer than 50 persons full-time. For purposes of a specific rule, an agency may define small municipality to include employment of more than 50 persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small municipalities. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-80) [5 ILCS 100/1-80]
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Every proposed rulemaking, modification or repeal published in the Illinois Register shall be subject to review by the Joint Committee pursuant to Section 5-40 of the Act regardless of any assertion by the agency to the contrary.
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a) Prior to or during the first 5 days after the publication of the first notice in the Illinois Register, the agency may submit to the Joint Committee a written request for a preliminary review of the proposed rulemaking.
b) The written request for a preliminary review shall substantiate the reasons why the agency believes such a review is necessary, including the reasons why the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part is not sufficient.
c) In determining whether to grant a preliminary review, the Executive Director of the Joint Committee will consider whether the Joint Committee's workload permits such a review and whether the review is necessary.
Circumstances under which the Director may consider a preliminary review to be necessary include the following: agency internal rulemaking procedures that necessitate the review, including the use of an advisory committee that must review and approve the proposed rulemaking; the agency or its representative is unfamiliar with the rulemaking process; or the rules are completely new or the rulemaking represents an extensive revision to existing rules.
The Director will notify the agency in writing of the grant or denial of a preliminary review.
d) The preliminary review will consider both the notice and text of the proposed rulemaking. The criteria found in Sections 220.900 and 220.950 of this Part will be applied to the preliminary review.
e) The preliminary review is in addition to the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part. Issues raised or not raised during the course of the preliminary review do not preclude objections on those issues or upon other bases during the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part.
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a) Within the first 14 days after the publication of the first notice in the Illinois Register, the Co-Chairmen or the Director may request, in writing, the agency proposing the rulemaking to hold a public hearing pursuant to Section 5-40(b) of the Act.
b) Circumstances under which the Co-Chairmen or Director may make such a request include the following:
the hearing will facilitate the submission of public comment by making it easier for certain members of the public to submit views and comments regarding the rulemaking that might not otherwise be submitted;
the Joint Committee has received public comment concerning the rulemaking indicating the need for such a hearing; or
the rulemaking concerns an area of regulation of such importance as to warrant a hearing.
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a) Rulemaking that creates or expands a State mandate on units of local government, school districts or community college districts is subject to the State Mandates Act (Ill. Rev. Stat. 1991, ch. 85, par. 2201 et seq.) [30 ILCS 805] and a Statement of Statewide Policy Objectives shall be prepared by the agency and published at the same time the first notice is published. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-10(d)) [5 ILCS 100/5-10(d)]
b) If the Joint Committee believes a proposed rule may create or expand a State mandate on units of local government, school districts or community college districts, the Joint Committee, within the first 30 days after the publication of the first notice, may request that the agency proposing the rule complete the form shown in Exhibit A of this Part. This form shall be submitted to the Joint Committee as part of the agency's second notice.
c) Additionally, the Joint Committee may request that the Department of Commerce and Community Affairs complete and submit to the Joint Committee and the agency an analysis of the following, pursuant to Section 4(b) of the State Mandates Act:
the type of local government and local government agency or official to whom the mandate is directed;
whether an identifiable local direct cost is necessitated by the mandate and the estimated annual amount;
the extent of State financial participation in meeting such identifiable costs; and
whether the rule or rulemaking creates a new mandate or expands an existing mandate.
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a) When an agency proposes a new rule, or an amendment to an existing rule that may have an impact on small businesses, not for profit corporations or small municipalities, the agency shall consider each of the following as they affect those entities:
Establishing less stringent compliance or reporting requirements in the rule.
Establishing less stringent schedules or deadlines in the rule for compliance or reporting requirements.
Consolidating or simplifying the rule's compliance or reporting requirements.
Establishing performance standards to replace design or operational standards in the rule.
Exempting small businesses, not for profit corporations and small municipalities from any or all requirements of the rule. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30) [5 ILCS 100/5-30]
b) The agency shall also provide, during the first notice period, an opportunity for small businesses, not for profit corporations and small municipalities to participate in the rulemaking process by utilizing one or more of the following techniques:
Inclusion in any advance notice of possible rulemaking a statement that the rule may have an impact on small businesses, not for profit corporations or small municipalities.
Publication of a notice of rulemaking in publications likely to be obtained by small businesses, not for profit corporations or small municipalities.
Direct notification of interested small businesses, not for profit corporations or small municipalities.
Public hearings concerning the impact of the rule on small businesses, not for profit corporations or small municipalities.
Special hearing or comment procedures to reduce the cost or complexity of participation in the rulemaking by small businesses, not for profit corporations or small municipalities. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30) [5 ILCS 100/5-30]
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a) Within the first 30 days after the publication of the first notice, the Joint Committee may request from the agency an analysis of the economic and budgetary effects of the proposed rulemaking pursuant to Section 5-40(c) of the Act if the economic and budgetary impact of the proposed rule is clear on its face, or if it is alleged to have an impact in information received by the Joint Committee from the Bureau of the Budget, the Department of Commerce and Community Affairs, the Auditor General, another State agency, or an organization, association or individual. This request will be made in writing by the Director. The Joint Committee will consider the information in the first notice and any other available information in deciding whether to make the request.
b) The analysis shall be in the form shown in Exhibit B of this Part and shall be submitted to the Joint Committee in writing before or as part of the agency's second notice. The analysis shall include:
a summary of any direct economic effect on the persons who will be regulated by the rule;
a description of the anticipated cost of the regulation as reflected in the agency's budget;
a description of or a listing of the anticipated cost of the regulation to other State agencies; and
the anticipated cost of the total program of regulation on State revenue.
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a) Within the first notice period, the Department of Commerce and Community Affairs (DCCA) shall prepare and submit to the Joint Committee an impact analysis of the proposed rule describing its effect on small businesses, whenever DCCA believes that an analysis is warranted or whenever requested to do so by 25 interested persons, an association representing at least 100 interested persons, the Governor, a unit of local government, or the Joint Committee. The second notice period cannot be commenced and the second notice will not be accepted by the Joint Committee until such analysis is submitted to the Joint Committee.
b) The impact analysis shall contain a discussion of the following factors:
Projected reporting, recordkeeping and compliance requirements of the proposed rule;
Types of, and estimated number of, small businesses that will be affected by the proposed rule;
An estimate of the economic impact the regulation will have upon small businesses; and
Alternatives to the proposed rule that would minimize the economic impact of the rule upon small businesses. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30(c)) [5 ILCS 100/5-30(c)]
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a) Filing of Second Notice
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
An agency shall file second notice by email at jcar@ilga.gov. Material submitted electronically shall be in PDF. Each email submission shall include the second notice for only one rulemaking. The electronic second notice submission will be printed in the JCAR office and reviewed for completeness under Section 220.600.
If an agency is unable to submit a second notice as required by subsection (a), because of such reasons as the bulk of the material to be transmitted or other technical problems, the agency should call JCAR at 217/785-2254 to determine another method of submission.
b) The second notice period will commence on the day the second notice is received as complete by the Joint Committee. The second notice will be accepted by the Joint Committee when the requirements of Section 220.600 have been met. After acceptance by the Joint Committee of a second notice, the Committee will notify the Administrative Code Division and the issuing agency of the date on which the second notice period commenced. The second notice period will expire 45 days after acceptance by the Joint Committee of the second notice, unless extended pursuant to mutual agreement of the Joint Committee and the agency. [5 ILCS 100/5-40(c)]
c) The Joint Committee will notify the Administrative Code Division and the agency, in writing, of the date on which the second notice period started. Notices that do not contain all of the information required by Section 220.600 of this Part and Section 5-40(c) of the Act will not be accepted by the Joint Committee. An agency that submits such a notice will be informed in writing of the specific reasons the notice was not accepted.
d) After an agency has initiated second notice and that second notice is received as complete by the Joint Committee, the rulemaking cannot be returned to first notice.
e) The agency shall have the option of splitting the first notice into more than one second notice when the first notice contains changes that are being made to several Sections. When submitting the first notice to the Administrative Code Division for publication in the Illinois Register, the agency shall separately provide, for each Section being amended, the following information:
specific Code citation;
specific statutory authority; and
a complete description of the subjects and issues involved.
f) After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Joint Committee. [5 ILCS 100/5-40(c)] A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless that suggestion or comment is ratified by the Joint Committee through passage of a motion.
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a) Submission of Second Notice
A second notice that contains the information specified in subsections (1) through (14) of this subsection (a) will be accepted by the Joint Committee. A second notice that does not include the information required by this Section will not be accepted and will be returned to the agency within 2 working days after receipt with an explanation of the reason for the return.
The name of the agency.
The Title and Illinois Administrative Code citation of the proposed rulemaking.
The date, issue, and page number of the Illinois Register in which the first notice was published.
The full text and specific location of any changes made in the rule during the first notice period, which shall be submitted in the form specified in subsection (b) of this Section. In the event that the Joint Committee cannot produce and provide a copy of the rulemaking to the agency, pursuant to subsection (b)(1) below, the Joint Committee will so inform the agency and the agency may submit its Second Notice version of the rulemaking by one of the following methods:
A) The original text of the proposed rulemaking showing the specific additions and deletions which were made during the first notice period; or
B) A complete listing of all of the Sections of the rulemaking which were changed, showing the exact changes which were made during the first notice period; or
C) If the only changes which were made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division to the agency, and a statement that those changes, and only those changes will be made in the adopted rule.
A response to any recommendations made by the Administrative Code Division for changes in the rules to make them comply with the codification scheme and to correct errors pursuant to Section 5-80(b) of the Act, and the specific reasons for agency rejection of any recommendations.
A statement that the rulemaking does or does not include an incorporation by reference pursuant to Section 5-75 of the Act, the location in the rulemaking of the incorporation, and a copy of the cover page of the incorporated material and the specific material to be incorporated by reference.
A final regulatory flexibility analysis, which shall include the following:
A) a summary of the issues raised by small businesses during the first notice period; and
B) a description of actions taken on any alternatives to the proposed rulemaking suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)].
A statement of the methods used by the agency to comply with Section 5-30 of the Act and Section 220.285 of this Part.
An evaluation of all comments received by the agency concerning the proposed rulemaking during the first notice period pursuant to Section 5-100(e)(2) of the Act. This evaluation need not include an evaluation of any questions raised by the Joint Committee. The failure of an agency to evaluate, pursuant to this Section, the comments received will be deemed to be an incomplete second notice. The evaluation must include the following information:
A) a list of all persons or organizations making comments on the proposed rulemaking;
B) a list of specific criticisms, suggestions and comments raised by interested persons, and the agency's analysis of each of these criticisms, suggestions and comments;
C) any changes made to the rules by the agency as a result of criticisms, suggestions and comments made by interested persons; and
D) The names of all the persons or organizations requesting a public hearing and the date of any public hearings held on the proposed rulemaking.
A) citations to changes in Illinois laws that require the rulemaking;
B) explanation of changes in agency policies and procedures that require the rulemaking;
C) citations to federal laws, rules or regulations, or to funding requirements that require the rulemaking;
D) citations and copies of court orders or decisions that require the rulemaking; and
E) A complete explanation of any other reasons for the proposed rulemaking.
The name, address and telephone and telefax numbers of the agency's representative who will respond to the Joint Committee questions regarding the proposed rulemaking.
If requested by the Joint Committee pursuant to Section 220.275 of this Part, completion of the State Mandates Act Questionnaire (Exhibit A).
If requested by the Joint Committee as provided in Section 220.300 of this Part and Section 5-100(e) of the Act, a completed analysis of the economic and budgetary effects of the proposed rulemaking (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)]. The analysis shall be in the form shown in Exhibit B of this Part. If the agency is unable to provide any information required for the analysis, the specific reasons and justification for not completing the analysis shall be included.
Any new or revised form referenced in a proposed rulemaking if those forms are not included within that rulemaking (Ill. Rev. Stat. 1991, ch. 127, par. 1005-110(i)) [5 ILCS 100/5-110(i)].
b) Text Changes
Effective May 1, 1994, during the first notice period, JCAR will send to the agency a copy of the rulemaking, produced on the Administrative Code database material on the Legislative Information System, that includes line numbers. Effective July 1, 1994 when giving second notice, the agency shall submit, in accordance with subsection (a)(4) of this Section, a detailed list of changes made in the rule during the first notice period, in the form shown in Exhibit K, including changes made in response to the Secretary of State's comments pursuant to Section 5-80 of the Act. The location of all changes shall be identified by line number (see above). The language change shall be designated by reference, enclosed within quotation marks, to the words being changed, added or deleted. Replacement language, also within quotation marks, shall be shown as underlined (new language) or struck (language being deleted), only if that language is being added to or deleted from existing Code text.
Only those changes indicated in the First Notice Changes submission will be recognized.
Effective July 1, 1994, upon acceptance of a second notice, JCAR will produce a line numbered copy of the rulemaking that integrates the changes indicated on the First Notice Changes submission. Any changes made in the rulemaking during the second notice period will be indicated in the same format described in Exhibit K, except that the document will be entitled Second Notice Changes. At the end of the second notice period, JCAR will forward a copy of both the First Notice Changes and the Second Notice Changes, if any, to the Administrative Code Division.
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a) Subsequent to the acceptance of a second notice pursuant to Section 220.500 and 220.600 of this Part, the Joint Committee staff will review the proposed rulemaking, including the notice and the text, pursuant to the criteria in Section 220.900 and Section 220.950 of this Part. If requested by the Joint Committee in order to do a thorough review of the rules, the agency shall be required to submit any manuals, brochures, handbooks or other printed materials, or amendments to those materials, used by the agency to implement the rules.
b) The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency.
c) The staff will report the results of its review to the Joint Committee and may develop proposals for Joint Committee action for consideration by the Joint Committee. The staff may propose that the Joint Committee issue an objection or recommendation, prohibit filing of or suspend the rulemaking, develop legislation, take some other action, or take no action. Staff proposals are advisory only and shall not limit the Joint Committee's power to take some other action. The staff will attempt to inform the agency of the substance of any staff proposals or potential concerns of any Joint Committee member prior to the Joint Committee's consideration of the proposed rulemaking at a public hearing.
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a) An agency may incorporate by reference rules, regulations, standards or guidelines of an agency of the United States or a nationally or state recognized organization or association without publishing the incorporated material in full, provided the material is made readily available for public inspection by the agency, organization or association originally issuing such material (Ill. Rev. Stat. 1991, ch. 127, par. 1005-75) [5 ILCS 100/5-75].
b) The following requirements must be met in order to incorporate material by reference pursuant to this Section:
the incorporated material must be fully identified in the rule by publisher address and date in order to specify how a copy of the material may be obtained;
the rule must state that the incorporation does not include any subsequent amendments or editions;
the agency must maintain a copy of the incorporated material and make such material available in at least one of its principal offices for public inspection or copying upon request at no more than cost (Ill. Rev. Stat. 1991, ch. 127, par. 1005-75) [5 ILCS 100/5-75].
c) The Joint Committee will review material incorporated by reference pursuant to Section 5-75 of the Act for compliance with Section 5-75 of the Act, Section 220.600(a)(6) of this Part and this Section.
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a) The Joint Committee will hold full and open hearings on proposed rulemakings. The agenda for such hearings will be submitted for publication in the Illinois Register prior to the hearing. Items not included in the published agenda may also be considered by the Joint Committee. Joint Committee staff and agency representatives will be allowed to testify at such hearings. Written comments from members of the public will be considered in lieu of oral testimony. Written comments should be submitted to:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10 working days prior to the hearing to insure their consideration. If requested by the agency, the Joint Committee will provide a copy of such comments to the agency unless the person or group requests that a copy of the comments not be provided, or unless the comments were provided as part of the complaint review process (1 Ill. Adm. Code 260) and disclosure was not authorized by the complainant.
c) Representatives of those agencies that have a rulemaking on the meeting agenda are encouraged to attend in the event a member of the Joint Committee has concerns or questions regarding a rulemaking.
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a) The Joint Committee will consider these criteria in its review of proposed rulemakings:
A) Does the agency have legal authority for the proposed rulemaking?
B) Does the proposed rulemaking comply with the statutory authority and legislative intent on which it is based or that it is implementing or interpreting?
C) Does the proposed rulemaking comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?
D) Does the proposed rulemaking include standards for the exercise of discretionary authority?
E) Are the standards defined as clearly as practicable under the conditions?
F) Does the agency have rulemaking authority?
A) Is there an adequate justification and rationale for the proposed rulemaking and for any regulation of the public embodied in the rules?
B) Has the agency considered the economic effects of the rulemaking upon those regulated, including small businesses, not for profit corporations, units of local government, school districts and community college districts?
C) Has the agency considered less costly alternatives to this proposed rulemaking?
D) Has the agency considered the budgetary effects of the proposed rulemaking upon itself, other State agencies, and State revenue in general?
E) Is the language of the rules simple and clear, so that the rules can be understood by the persons and groups they will affect?
F) Are the rules free of serious technical errors, redundancies and grammatical or typographical errors that could affect the meaning of the rules?
A) Does the proposed rulemaking comply with Section 5-40 of the Act?
B) Does the proposed rulemaking comply with the requirements of the Administrative Code Division (see 1 Ill. Adm. Code 100)?
C) Does the proposed rulemaking comply with any additional requirements imposed on the agency by State or federal law?
D) Does the proposed rulemaking comply with the agency's own rules for the promulgation of rules?
E) Was the agency responsive to public comments concerning the rulemaking?
F) Did the agency comply with Section 5-30 of the Act, if applicable, in connection with the rulemaking?
b) If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 5-110 of the Act and Section 220.1000 of this Part.
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a) If the Joint Committee finds that the proposed rulemaking does not meet one or more of the criteria in Section 220.900, the Joint Committee will then consider the proposed rulemaking in relation to the following criteria pursuant to Section 5-115(a) of the Act:
A) Does the proposed rulemaking contain policies that have been previously considered and rejected by the General Assembly?
B) Does the proposed rulemaking unconstitutionally or unlawfully discriminate against any citizen of the State?
C) Does the proposed rulemaking unconstitutionally or unlawfully inhibit the free exercise of the rights of any citizen of the State?
A) Could the proposed rulemaking result in a decrease in the protection provided against threats to the safety of any citizen of the State?
B) Could the proposed rulemaking result in an increase in the threat of physical harm to any citizen of the State?
A) Does the proposed rulemaking impose unreasonable or unnecessary economic costs on any citizen of the State?
B) Does the proposed rulemaking adversely affect the health or well-being of any citizen of the State?
C) Does the rulemaking adversely affect the quality of life of any citizen of the State?
b) If the Joint Committee determines that one or more of the criteria enumerated in this Section are met, the Joint Committee shall prohibit the filing of the rulemaking pursuant to Section 5-115 of the Act and Section 220.1000(c) of this Part.
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a) Objection
If the Joint Committee finds that the proposed rule or rulemaking does not meet one or more of the criteria in Section 220.900 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-110 of the Act.
If the Joint Committee objects to the proposed rule or rulemaking, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit E of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the specific objections of the Joint Committee to the proposed rule or rulemaking. The Joint Committee will also send to the agency a list of the agreements reached between the agency and the Joint Committee staff concerning changes to the proposed rule.
Each statement of specific objection will also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
b) Recommendation
If the Joint Committee determines that the proposed rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 220.900 of this Part, the Joint Committee shall recommend further action. Recommended actions include the promulgation of additional rules, the clarification of statutory authority through legislation to be introduced by the agency or the Joint Committee, a request of federal or State agencies in clarifying and assisting in the promulgation of accurate rules and a recommendation to curtail an unauthorized practice.
If the Joint Committee issues a recommendation to the proposed rule or rulemaking, it will send a copy of the recommendation to the agency within 5 working days after the Committee hearing. The Joint Committee will also send to the agency a list of the agreements reached between the agency and the Joint Committee staff concerning changes to the proposed rule.
Each statement of specific recommendation will also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
c) Prohibition Against Filing
If the Joint Committee finds that the proposed rule or rulemaking, or a portion thereof, is objectionable under one or more of the criteria in Section 220.900 of this Part, and that the rulemaking meets any of the criteria in Section 220.950 of this Part, the Joint Committee shall prohibit filing of the rulemaking or portion thereof pursuant to Section 5-115 of the Act. Such action can only be taken upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.
If the Joint Committee prohibits the filing of the proposed rule or portion thereof, the Joint Committee shall certify that fact to the agency and the Administrative Code Division. Such certification will be sent to the agency and the Administrative Code Division in the form shown in Exhibit F of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the reasons for the Joint Committee's prohibition against filing of a proposed rule or portion thereof.
Each certification of prohibition against filing of a proposed rule shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
The proposed rule or portion thereof shall not be accepted for filing by the Administrative Code Unit and shall not take effect for at least 180 days after receipt of the certification of prohibition by the Administrative Code Unit. A proposed rule or portion thereof that is prohibited from being filed cannot be enforced or invoked for any reason by the agency. (Ill. Rev. Stat. 1991, ch. 127, par. 5-115(b)) [5 ILCS 100/5-115(b)]
The Joint Committee shall introduce a Joint Resolution in either house of the General Assembly to continue the prohibition against the proposed rulemaking. If the Joint Resolution is passed by the General Assembly within 180 days after receipt of certification by the Administrative Code Division, the proposed rule or portion thereof shall not take effect. Such rule or portion thereof shall not be accepted for filing by the Administrative Code Division. If a Joint Resolution is not passed within 180 days after receipt of certification of prohibition by the Administrative Code Division, the agency may file the proposed rulemaking or portion thereof as adopted and it shall take effect. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-115(c)) [5 ILCS 100/5-115(c)]
Upon the affirmative vote of the majority of the members of the Joint Committee voting, a prohibition against the filing of a rule may be withdrawn. Withdrawal of a prohibition against filing must be done prior to the passage of the Joint Resolution by the General Assembly. The Joint Committee shall issue a Certification of Withdrawal of Filing Prohibition of Proposed Rulemaking to the agency in the manner shown in Exhibit G of this Part and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.
d) Ratification of Agreements and Certification of No Objection
If the Joint Committee finds that the proposed rule or rulemaking is not objectionable, the Committee shall issue a Certification of No Objection to the rule or rulemaking in the manner shown in Exhibit H of this Part. Such Certification shall be mailed to the agency within 5 working days following the Joint Committee hearing.
A Certification of No Objection shall not be issued if the Joint Committee finds at its hearing that additional information is necessary in order to complete the review of the proposed rule or rulemaking.
The Joint Committee will consider all staff level agreements regarding the proposed rules when it takes its official action with respect to that rulemaking.
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a) The agency may adopt a proposed rulemaking pursuant to Section 5-65 of the Act in the following circumstances:
The 45 day or agreed upon notice period subsequent to the filing of second notice has expired;
The agency has received a Certification of No Objection; or
The agency has responded to a statement of objection issued by the Joint Committee as required by Section 220.1200 of this Part.
b) The agency must file a certified copy of the rulemaking with the Administrative Code Division in the form prescribed in, and the accompanying documentation required by, the Code Division's rules. (1 Ill. Adm. Code 100)
c) All proposed rulemakings must be adopted within one year of the first notice published pursuant to Section 5-40(e) of the Act. No rulemaking may be adopted or filed with the Administrative Code Division after the expiration of this period.
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The failure of the Joint Committee to issue an objection or recommendation to a proposed rulemaking shall not be construed to imply approval of the proposed rulemaking by the Joint Committee or the General Assembly (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS 100/5-100].
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a) The agency shall respond to an objection which is issued by the Joint Committee within 90 days after receipt of the statement of objection. The response shall be made in writing, in the manner shown in Exhibit I of this Part, and shall be signed by the agency head.
b) The agency shall respond to each objection of the Joint Committee by the methods enumerated in this subsection, as required by Section 5-110 of the Act.
Modify the proposed rulemaking to meet the Joint Committee's objection;
Withdraw the proposed rulemaking in its entirety; or
Refuse to modify or withdraw the proposed rulemaking.
c) Responses must be submitted directly to the Joint Committee, which shall in turn notify the Administrative Code Division, in writing, within two working days, that such response has been received. The Administrative Code Division is prohibited from accepting for filing and adoption any rulemaking to which the Joint Committee has objected without first receiving a notification of agency response from the Committee.
d) Responses which do not meet the requirements of this Section will be rejected. Rejected responses will be returned to the agency within two working days after receipt by the Joint Committee with a written explanation for the rejection, and the Administrative Code Division will be notified not to accept the rule for filing and adoption. The agency can resubmit the response to the Joint Committee within the 90 day response period. The 90 day response period will continue to run when a response is rejected.
e) The agency shall submit a notice of the response to the Administrative Code Division for publication in the next available issue of the Illinois Register.
f) A modification to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the proposed rulemaking.
g) The failure of an agency to respond to an objection of the Joint Committee within 90 days after the receipt of the objection shall be deemed to be a withdrawal of the proposed rule in its entirety (or the portions thereof for which a second notice was submitted if the procedures outlined in Section 220.500(e) of this Part were met), pursuant to Section 5-110(f) of the Act. A response is required when the second notice period has been extended beyond the 45 day period by mutual agreement of the agency and the Joint Committee. If the Joint Committee issues an objection beyond the 45 day second notice period, and no mutual agreement to extend the period was made, response by the agency is optional.
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a) The agency should respond to a recommendation that is issued by the Joint Committee within 90 days after receipt of the statement of specific recommendations. The agency response should address each of the specific recommendations stated by the Joint Committee and should clearly state the nature (agreement to modify, agreement to withdraw, refusal to modify or withdraw) and rationale for the response. The response should be made in the manner shown in Exhibit J of this Part.
b) The agency should respond to each Joint Committee recommendation for action in one of the following ways:
Agree to pursue the action recommended by the Joint Committee.
Refuse to pursue the action recommended by the Joint Committee.
c) Responses should be submitted to the Joint Committee, in writing, and signed by the agency head.
d) The failure of an agency to respond to a recommendation of the Joint Committee within 90 days after receipt of the recommendation shall be deemed to be a refusal.
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a) If the Joint Committee finds that the agency's response to an objection or recommendation is not adequate, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for publication in the Illinois Register. The notice will include a specific statement of the reasons the Joint Committee has determined that the response to the objection or recommendation is not adequate. Failure of the agency to respond to an objection within 90 days after receipt of the objection shall constitute withdrawal (5-110(f)).
b) Failure of the agency to respond to a Joint Committee recommendation shall be deemed to be a refusal to pursue the recommended action. If the agency fails to remedy an objection or recommendation, the Joint Committee may draft legislation to address the problems. Such legislation must be approved by a majority vote and may be introduced in either house of the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-110) [5 ILCS 100/5-110]
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State Mandates Act Questionnaire
Agency:
Part/Title:
(
Ill. Adm. Code
)
Illinois Register Citation:
Does this rulemaking affect any of the following:
Municipality
Other Unit of Local Govt.
County
School District
Township
Community College Dist.
Does this rule require any of the above entities to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues?
Yes
No
Number of units affected
If yes, please estimate the amount of additional expenditures necessitated by this
rulemaking per unit of government:
$
Note: If the dollar amount, or total number of units affected is unknown, please outline and attach to this form an explanation of the steps taken by the agency to determine the approximate expense of the rulemaking, and the number of units affected.
If no, please explain why the rule does not necessitate such additional expenditures.
Were any alternatives that do not necessitate additional expenditures considered?
Yes
No
If yes, please list these alternatives and explain why they were rejected.
What are the policy objectives of the rulemaking? (Please be specific)
Please explain why the policy objectives of this rule cannot be achieved in the absence of the rule or through a rule that does not create a State Mandate.
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AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY EFFECTS
OF PROPOSED RULEMAKING
Agency:
Part/Title:
(
Ill Adm Code
)
Illinois Register Citation:
Please attempt to provide as dollar-specific responses as possible and feel free to add any relevant narrative explanation.
Anticipated effect on State expenditures and revenues.
(a)
Current cost to the agency for this program/activity.
$
(b)
If this rulemaking will result in an increase or decrease in cost, specify the fiscal year in which this change will first occur and the dollar amount of the effect.
FY
$
(c)
Indicate the funding source, including Fund and appropriation lines, for this
program/activity.
(d)
If an increase or decrease in the costs of another State agency is anticipated, specify the fiscal year in which this change will first occur and the estimated dollar amount
of the effect.
FY
$
Agency
(e)
Will this rulemaking have any effect on State revenues or expenditures not already indicated above? Specify effects and amounts.
Economic effect on persons affected by the rulemaking.
(a)
Indicate the economic effect and specify the persons affected:
Positive
Negative
No effect
Persons affected
Dollar amount per person
Total Statewide cost
(b)
If an economic effect is predicted, please briefly describe how the effect will occur. (Example Additional continuing education courses will require an expenditure of approximately $100 per year for course fees by 10,000 licensed professionals.)
(c)
Will the rulemaking have an indirect effect that may result in increased administrative costs? Will there be any change in requirements such as filing, documentation reporting or completion of forms? Compare to current requirements.
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION
I, (Director's name), Executive Director of the Joint Committee on Administrative Rules, being first duly sworn on oath, depose and state that, pursuant to Sections 5-110 and 5-120 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), voted an Objection to the (agency name) rulemaking entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific Objections accompanies this certification.
Failure to respond within 90 days after receipt of this Certification of Objection will constitute withdrawal of the proposed rulemaking in its entirety. The agency's response will be placed on the Committee's agenda for further consideration.
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month), (year).
Notary Public
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF FILING PROHIBITION OF PROPOSED RULEMAKING
The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), prohibited the filing of (agency name) rules entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific reasons for the filing prohibition accompanies this certification.
The agency is prohibited from filing the rulemaking with the Secretary of State and from enforcing or invoking, for any reason, the rulemaking for at least 180 days from the date this certification and statement are received by the Secretary of State.
Certified (date).
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month), (year).
Notary Public
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF WITHDRAWAL OF
FILING PROHIBITION OF PROPOSED RULEMAKING
The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), has withdrawn the prohibition against the filing of rules entitled (Heading of the Part, Code Citation) proposed by the (agency name). The Joint Committee originally issued this prohibition at its (meeting date) meeting.
The agency is no longer prohibited from filing the rulemaking, as modified in accordance with agreements between the agency and the Joint Committee on Administrative Rules, with the Secretary of State and from enforcing or invoking the rulemaking.
Certified (date)
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month), (year).
Notary Public
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF NO OBJECTION
TO PROPOSED RULEMAKING
This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered (Heading of the Part, Code Citation), proposed by the (agency name) and published in the (publication date) issue of the Illinois Register. After consideration, and based upon the agreements, if any, for modification of the rulemaking made by the agency and attached to this document, the Committee determined that no Objection will be issued to the above-mentioned rulemaking.
(Meeting Date)
(Typewritten name)
Executive Director
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Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
Agency Response to Joint Committee Recommendations:
(Respond to each specific Recommendation issued by the Joint Committee, indicating clearly the intended action of the agency in response to each Recommendation and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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The following is an example of the form in which first and second notice changes shall be indicated:
FIRST [SECOND] NOTICE CHANGES
Agency: Joint Committee on Administrative Rules
Rulemaking: 1 Ill. Adm. Code 220 (17 Ill. Reg. 111111)
Changes:
In line 74, change "and page number" to "and page number or chapter reference".
In lines 76-82, change "If the only changes made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division" to "If the only changes made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division".
In line 84, add "," after "criticisms" and strike the comma after "suggestions".
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a) The fact that situations occur in which agencies must take prompt action to adopt rules is recognized by the Joint Committee on Administrative Rules (Joint Committee) and the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100]. In some of these instances, emergency rules must be adopted under the process provided for this purpose by Section 5-45 of the Act. However, the Joint Committee believes that public notice and comment is an essential part of the rulemaking process, which should only be by-passed for very serious reasons. The use of the emergency rulemaking process must be limited to situations that reasonably constitute a threat to the public interest, safety or welfare, and that require the adoption of rules upon fewer days' notice than is required by Section 5-40 of the Act.
b) The Joint Committee is empowered by Section 5-120 of the Act to examine any rule. The Joint Committee will review each rule adopted through the use of emergency rulemaking under this power. The purpose of this review is to ensure that the use of the process is limited only to those situations that meet the requirements of Section 5-45 of the Act. The criteria used in this review are stated in Sections 230.400 and 230.550 of this Part.
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a) The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part.
b) Emergency rule means a rule adopted pursuant to the rulemaking process provided in Section 5-45 of the Act.
c) Emergency rulemaking means the process of adopting a rule as provided in Section 5-45 of the Act.
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The provisions of 1 Ill. Adm. Code 220.275 are applicable to emergency rules adopted pursuant to this Part.
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The Joint Committee staff will review each emergency rule and rulemaking, including both the notice and the text of the rule and rulemaking. This review will be based on the criteria in Sections 230.400 and 230.550 of this Part. The Joint Committee staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency.
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The staff will report the results of its review of emergency rules and rulemakings to the Joint Committee at the next monthly Joint Committee meeting, provided there are at least 20 days between the publication of the emergency rule and the meeting. If there are fewer than 20 days, the rulemaking may be scheduled for the following meeting. Staff may develop proposals for consideration by the Joint Committee. Staff proposals are advisory only and do not limit the Joint Committee's power to take some other action. The staff will attempt to inform the agency of the substance of the proposals prior to the Joint Committee's consideration of the emergency rule or rulemaking at a public hearing.
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a) The Joint Committee will hold full and open hearings on emergency rules and rulemakings. The agenda for such hearings will be submitted for publication in the Illinois Register prior to the hearing. Items not included in the published agenda may also be considered by the Joint Committee. Joint Committee staff and agency representatives will be allowed to testify at such hearings. Written comments from members of the public will be considered in lieu of oral testimony. Written comments should be submitted to the attention of the Executive Director of the Joint Committee at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10 working days prior to the hearing in order to insure their consideration. If requested by the agency, the Joint Committee will provide a copy of such comments to the agency, unless the person or group requests that a copy of the comments not be provided, or unless the comments were provided as part of the complaint review process (1 Ill. Adm. Code 260) and disclosure was not authorized by the complainant.
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a) The Joint Committee will consider the following criteria in its review of emergency rules and rulemakings:
A) Does a situation exist that reasonably constitutes a threat to the public interest, safety or welfare and that requires adoption of the rule upon fewer days' notice than is required by Section 5-40 of the Act?
B) Has the agency stated clearly and completely, in writing, its reasons for finding that such a situation exists?
C) Has the emergency situation arisen through no fault of the agency?
D) Is the emergency rule limited to those matters that are required to meet the emergency situation?
E) Has the agency taken steps to make the emergency rule known to those persons who may be affected by it? Has the agency stated those steps in writing?
F) Has the agency not adopted the same emergency rule, or an emergency rule having substantially the same purpose and effect, in the past 24 months? (This provision does not apply to additions to or deletions from the Department of Public Aid's Drug Manual, which are exempt from this limitation pursuant to Section 5-45 of the Act.)
G) Does the agency have legal authority for each portion of the emergency rule?
H) Does each portion of the emergency rule comply with the statutory authority and legislative intent upon which it is based, or which it is implementing or interpreting?
I) Does the agency have rulemaking authority?
A) Does each portion of the emergency rule comply with State and federal constitutions, State and federal law, and case law?
B) Does each portion of the emergency rule include standards for the exercise of discretionary authority? Are the standards defined as clearly as practicable under the conditions?
A) Is there an adequate justification and rationale for the emergency rules and rulemaking and for any regulation of the public embodied in the rules?
B) Has the agency considered the economic effects of the rules upon those regulated, including small businesses, not for profit corporations and units of local government, school districts, and community college districts?
C) Has the agency considered less costly alternatives to these emergency rules?
D) Has the agency considered the budgetary effects of the emergency rules upon itself, other State agencies, and State revenue in general?
E) Is the language of the emergency rules simple and clear, so that the rules can be understood by the persons and groups they will affect?
F) Are the emergency rules free of serious technical errors, redundancies and grammatical or typographical errors that would affect the meaning of the rules?
A) Does the emergency rulemaking comply with the requirements of the Administrative Code Division (1 Ill. Adm. Code 100)?
B) Do the emergency rules and rulemaking comply with any additional requirements imposed on the agency by State or federal law?
C) Do the emergency rules and rulemaking comply with the agency's own rules for the promulgation of rules?
b) If the Joint Committee determines that one or more of the criteria enumerated in this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 230.600(a) or (b) of this Part.
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a) If the Joint Committee finds that the emergency rule does not meet one or more of the criteria in Section 230.400, the Joint Committee will then consider the emergency rule in relation to the following criteria pursuant to Section 5-125 of the Act:
A) Does the emergency rule contain policies that have been previously considered and rejected by the General Assembly?
B) Does the emergency rule unconstitutionally or unlawfully discriminate against any citizen of this State?
C) Does the emergency rule unconstitutionally or unlawfully inhibit the free exercise of the rights of any citizen of the State?
A) Could the emergency rule result in a decrease in the protection provided against threats to the safety of any citizen of the State?
B) Could the emergency rule result in an increase in the threat of physical harm to any citizen of the State?
A) Does the emergency rule impose unreasonable or unnecessary economic costs on any citizen of the State?
B) Does the emergency rule adversely affect the health or well-being of any citizen of the State?
C) Does the emergency rule adversely affect the quality of life of any citizen of the State?
b) If the Joint Committee determines that one or more of the criteria enumerated in this Section are met, the Joint Committee shall suspend the emergency rule or portion thereof pursuant to Section 230.600(c) of this Part.
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a) Objection
If the Joint Committee finds that the emergency rule or rulemaking does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-120 of the Act.
If the Joint Committee objects to the emergency rule or rulemaking, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit A of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the specific objection of the Joint Committee to the emergency rulemaking.
Each statement of specific objection shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
b) Recommendation
If the Joint Committee finds that the emergency rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall recommend further action. Recommended actions include additional rulemaking or the introduction of legislation by the agency or the Joint Committee.
If the Joint Committee issues a recommendation to the emergency rule or rulemaking, it shall so notify the agency within 5 working days after the Joint Committee hearing. The notification shall include a statement of the specific recommendation of the Joint Committee to the emergency rulemaking.
Each statement of specific recommendations shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
c) Suspension
If the Joint Committee finds that the emergency rule or rulemaking, or portion thereof, is objectionable under one or more of the criteria in Section 230.400 of this Part, and that the rule meets any of the criteria in Section 230.550 of this Part, the Joint Committee shall suspend the rule or portion thereof pursuant to Section 5-125 of the Act. Such action can only be taken upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.
If the Joint Committee suspends the emergency rule or portion thereof, it shall certify that fact to the agency and the Administrative Code Division. Such certification will be sent to the agency and the Administrative Code Division in the form shown in Exhibit C of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the reasons for the Joint Committee's suspension of the emergency rule or portion thereof.
Each statement of suspension shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
The effectiveness of the emergency rule or portion thereof shall be suspended immediately for at least 180 days upon receipt of the certified statement by the Administrative Code Division. The suspension shall be indicated prominently and clearly on the face of the emergency rule or portion thereof by the Administrative Code Division. An emergency rule or portion thereof that is suspended cannot be enforced, or invoked for any reason, by the Agency. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(b)) [5 ILCS 100/5-125(b)]
The Joint Committee shall introduce a joint resolution in either house of the General Assembly to continue the suspension. Passage of the Joint Resolution by the General Assembly within 180 days after the certification is received by the Administrative Code Division will have the effect of repealing the emergency rule or portion thereof. The rule or portion thereof shall be immediately removed from the compilation of effective rules by the Administrative Code Division. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(c)) [5 ILCS 100/5-125(c)]
Upon the affirmative vote of the majority of the members of the Joint Committee voting, a suspension of an emergency rule may be withdrawn. Withdrawal of a suspension must be done prior to the passage of the Joint Resolution in either house of the General Assembly. The Joint Committee shall issue a Certification of Withdrawal of Suspension of Emergency Rules to the agency in the manner shown in Exhibit F of this Part and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.
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The failure of the Joint Committee to issue an objection or recommendation to an emergency rule or rulemaking shall not be construed to imply approval of the rule or rulemaking by the Joint Committee or the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS 100/5-100]
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a) The agency shall respond to an objection issued by the Joint Committee within 90 days after receipt of the statement of specific objections pursuant to Section 5-120 of the Act. The response should be made, in writing, in the manner shown in Exhibit D of this Part, and shall be signed by the agency head.
b) The agency shall respond to each objection of the Joint Committee by one of the methods enumerated in this subsection, as required by Section 5-120 of the Act.
Amend the emergency rule to meet the Joint Committee's objection.
Repeal the emergency rule.
Refuse to amend or repeal the emergency rule. A notice of refusal must also be submitted to the Administrative Code Division for publication in the Illinois Register if the agency responds in this manner.
c) If the agency elects to amend or repeal the emergency rule in response to an objection, it may repeal the emergency rule in its entirety or file a notice of modification of emergency rule in response to an objection of the Joint Committee with the Administrative Code Division. Modification of an emergency rule in response to Joint Committee objection shall not be deemed to violate the provisions of Section 5-45 of the Act, nor will it extend the expiration date of the rule.
d) An amendment to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the emergency rule or rulemaking.
e) The failure of an agency to respond to an objection of the Joint Committee within 90 days after receipt of the objection shall be deemed to be a refusal to amend or repeal the rule pursuant to Section 5-120(g) of the Act.
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a) The agency should respond to a recommendation issued by the Joint Committee within 90 days after receipt of the statement of specific recommendations. The agency response should address each of the specific recommendations stated by the Joint Committee and should clearly state the nature of (agreement to amend, agreement to repeal, refusal to amend or repeal) and rationale for the response. The response should be made in the manner shown in Exhibit E of this Part.
b) The agency should respond to each Joint Committee recommendation for action in one of the following ways:
Agree to pursue the action recommended by the Joint Committee.
Refuse to pursue the action recommended by the Joint Committee.
c) Responses should be submitted to the Joint Committee, in writing, and shall be signed by the agency head.
d) The failure of an agency to respond to a recommendation of the Joint Committee within 90 days after receipt of the recommendation shall be deemed to be a refusal.
e) The failure of an agency to complete rulemaking proposed in response to a recommendation within 180 days after the rulemaking commenced shall be deemed to be a refusal to amend or repeal the rule.
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a) If the Joint Committee finds that the agency's response to an objection or recommendation is not adequate, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for publication in the Illinois Register. The notice will include a specific statement of the reasons the Joint Committee has determined that the response to the objection or recommendation is not adequate. Failure of the agency to respond to a Joint Committee objection or recommendation shall be deemed to be a refusal.
b) If the agency fails to adequately respond to an objection or recommendation, the Joint Committee may draft legislation to address the problems. Such legislation must be approved by a majority vote and may be introduced in either house of the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-120) [5 ILCS 100/5-120]
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION
TO [EMERGENCY OR PEREMPTORY] RULES
I, (Director's name), Executive Director of the Joint Committee on Administrative Rules, being first duly sworn on oath, depose and state that, pursuant to Sections 5-110 and 5-120 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), voted an Objection to the (agency name) (emergency or peremptory) rules entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific Objections accompanies this certification.
Section 5-120 of the Illinois Administrative Procedure Act requires the agency to respond to the Joint Committee's Objection to this rule within 90 days after receipt of this Certification of Objection. The agency's response will be placed on the Committee's agenda for further consideration. Failure to respond shall constitute a refusal to amend or repeal the rule.
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month), (Year).
Notary Public
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF SUSPENSION
OF [EMERGENCY OR PEREMPTORY] RULES
The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), suspended the (agency name) rules entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific reasons for suspension accompanies this certification.
The agency is prohibited from enforcing, or invoking for any reason, these rules which have been suspended and from filing with the Secretary of State any rule having substantially the same purpose and effect as these suspended rules for at least 180 days from the date this certification and statement are received by the Secretary of State.
Certified (Date)
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month), (Year).
Notary Public
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Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
If rulemaking will be initiated, date notice of rulemaking was, or is expected to be,
published in the Illinois Register:
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
If rulemaking will be initiated, date notice of rulemaking was, or is expected to be,
published in the Illinois Register:
Agency Response to Specific Joint Committee Recommendations:
(Respond to each specific Recommendation issued by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF WITHDRAWAL OF SUSPENSION OF
[EMERGENCY OR PEREMPTORY] RULES
The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), has withdrawn the suspension of rules entitled (Heading of the Part, Code Citation), proposed by the (agency name). The Joint Committee originally issued this suspension at its (meeting date) meeting.
The rule is no longer suspended and the agency is no longer prohibited from enforcing or envoking the rule.
Certified (date)
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month), (year).
Notary Public
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a) The fact that situations occur in which agencies are required by a federal law, federal rules and regulations, collective bargaining agreements, or a court orders to take a prompt action to adopt rules is recognized by the Joint Committee on Administrative Rules (Joint Committee) and the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100]. In some of these instances, peremptory rules must be adopted under the process provided for this purpose by Section 5-50 of the Act. However, the Joint Committee believes that public notice and comment is an essential part of the rulemaking process, which should only be by-passed for very serious reasons. The peremptory process may be used only in situations in which the agency has no discretion as to the content of the rule and when the agency is precluded from complying with the general rulemaking requirements of the Act.
b) The Joint Committee is empowered by Section 5-120 of the Act to examine any rule. The Joint Committee will review each rule adopted through the use of peremptory rulemaking under this power. The purpose of this review is to ensure that use of the process is limited to only those situations that meet the requirements of Section 5-50 of the Act. The criteria used in this review are stated in Sections 240.500 and 240.650 of this Part.
c) The use of the peremptory rulemaking process to implement consent decrees and other court orders adopting settlements negotiated by an agency is prohibited pursuant to Section 5-50 of the Act.
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a) The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part.
b) Conditions that preclude compliance with the general rulemaking requirements imposed by Section 5-40 of the Act include only those conditions that make it impossible to comply with the notice or hearing requirements of the Act. A federal law, federal rule or regulation, or court order that merely makes it more difficult to comply or prescribes the content of such rulemaking does not make it impossible to comply.
c) Federal rules and regulations means those rules published in the Code of Federal Regulations or those rules published as adopted rules in the Federal Register.
d) Peremptory rule means a rule adopted pursuant to the rulemaking process provided in Section 5-50 of the Act.
e) Peremptory rulemaking means the process of adopting a rule as provided in Section 5-50 of the Act.
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The provisions of 1 Ill. Adm. Code 220.275 are applicable to peremptory rules adopted pursuant to this Part.
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The agency shall submit a copy of the court order or collective bargaining agreement, or the specific citation to the federal law or federal rules or regulations that require the peremptory rulemaking to the Joint Committee within 30 days after the rule is required or necessary, or on or before the rulemaking is filed with the Administrative Code Division, whichever comes first. The Joint Committee staff will review the peremptory rule or rulemaking, including the notice and the text, pursuant to the criteria specified in Sections 240.500 and 240.650 of this Part. The staff may raise questions or problems as a result of its review of the rule or rulemaking and will discuss these questions or problems with the agency.
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The staff will report the results of its review to the Joint Committee at the next monthly Joint Committee meeting, provided there are at least 20 days between the publication of the peremptory rule and the meeting. If there are fewer than 20 days, the rulemaking may be scheduled for the following meeting. Staff may develop proposals for consideration by the Joint Committee. Staff proposals are advisory only and do not limit the Joint Committee's power to take some other action. The staff will attempt to inform the agency of the substance of the proposals prior to the Joint Committee's consideration of the peremptory rule or rulemaking at a public hearing.
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a) The Joint Committee will hold full and open hearings on peremptory rules and rulemakings. The agenda for such hearings will be submitted for publication in the Illinois Register prior to the hearing. Items not included in the published agenda may also be considered by the Joint Committee. Joint Committee staff and agency representatives will be allowed to testify at such hearings. Written comments from members of the public will be considered in lieu of oral testimony. Written comments should be submitted to the attention of the Executive Director of the Joint Committee at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10 working days prior to the hearing in order to insure their consideration. If requested by the agency, the Joint Committee will provide a copy of such comments to the agency, unless the person or group requests that a copy of the comments not be provided, or unless the comments were provided as part of the complaint review process (1 Ill. Adm. Code 260) and disclosure was not authorized by the complainant.
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a) The Joint Committee will consider these criteria in its review of peremptory rules and rulemakings:
A) Were conditions present that precluded the agency from complying with the general rulemaking requirements of Section 5-40 of the Act?
B) Was the agency required to adopt the rules as a direct result of federal law, federal rules and regulations, court orders, or a collective bargaining agreement?
C) Is the peremptory rule limited to what is required by the federal law, federal rules or regulations, court order or collective bargaining agreement?
D) Was the agency precluded from the exercise of discretion concerning the content of the peremptory rule?
E) Has the agency given an adequate reason for not complying with the notice and hearing requirements of Section 5-40 of the Act?
F) Did the agency file the notice of peremptory rulemaking with the Administrative Code Division within 30 days after the change in the rules was required or necessary? Does the notice refer to the federal law, federal rules or regulations, court order, or collective bargaining agreement that required the peremptory rules?
G) Did the agency submit to the Joint Committee, when or before the notice of peremptory rulemaking was filed with the Administrative Code Division, a copy of the court order or collective bargaining agreement or the specific citation to the federal law or federal rules or regulations that required the peremptory rulemaking?
A) Does the agency have legal authority for each portion of the peremptory rule?
B) Does each portion of the peremptory rule comply with the statutory authority and legislative intent on which it is based, or which it is implementing or interpreting?
C) Does each portion of the peremptory rule and rulemaking comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?
D) Does each portion of the peremptory rule include standards for the exercise of discretionary authority? Are the standards defined as clearly as practicable under the conditions?
E) Does the agency have rulemaking authority?
A) Is there an adequate justification and rationale for the peremptory rules and rulemaking and for any regulation of the public embodied in the rules?
B) Has the agency considered the economic effects of the rules upon those regulated, including small businesses, not for profit corporations and units of local government, school districts, and community college districts?
C) Has the agency considered less costly alternatives to the peremptory rules?
D) Has the agency considered the budgetary effects of the peremptory rules upon itself, other State agencies, and State revenue in general?
E) Is the language of the peremptory rules simple and clear, so that the rules can be understood by the persons and groups they will affect?
F) Are the peremptory rules free of serious technical errors, redundancies and grammatical or typographical errors that could affect the meaning of the rules?
A) Does the peremptory rulemaking comply with the requirements of the Administrative Code Division (1 Ill. Adm. Code 100)?
B) Does the peremptory rule and rulemaking comply with any additional requirements imposed on the agency by State or federal law?
C) Does the peremptory rule and rulemaking comply with the agency's own rules for the promulgation of rules?
b) If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 240.700(a) or (b) of this Part.
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a) If the Joint Committee finds that the peremptory rule does not meet one or more of the criteria in Section 240.500, the Committee will then consider the peremptory rule in relation to the following criteria pursuant to Section 5-125 of the Act:
A) Does the peremptory rule contain policies that have been previously considered and rejected by the General Assembly?
B) Does the peremptory rule unconstitutionally or unlawfully discriminate against any citizen of the State?
C) Does the peremptory rule unconstitutionally or unlawfully inhibit the free exercise of the rights of any citizen of the State?
A) Could the peremptory rule result in a decrease in the protection provided against threats to the safety of any citizen of the State?
B) Could the peremptory rule result in an increase in the threat of physical harm to any citizen of the State?
A) Does the peremptory rule impose unreasonable or unnecessary economic costs on any citizen of the State?
B) Does the peremptory rule adversely affect the health or well-being of any citizen of the State?
C) Does the peremptory rule adversely affect the quality of life of any citizen of the State?
b) If the Joint Committee determines that one or more of the criteria enumerated in this Section are met, the Committee shall suspend the peremptory rule or portion thereof pursuant to Section 240.700(c) of this Part.
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a) Objection
If the Joint Committee finds that the peremptory rule or rulemaking does not meet one or more of the criteria in Section 240.500 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-120 of the Act.
If the Joint Committee objects to the peremptory rule or rulemaking, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit A of Part 230 of the Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit A) within 5 working days after the Joint Committee hearing. The certification shall include a statement of the specific objections of the Joint Committee to the peremptory rule or rulemaking.
Each statement of specific objections shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
b) Recommendation
If the Joint Committee finds that the peremptory rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 240.500 of this Part, the Joint Committee shall recommend further action. Recommended actions include the promulgation of general rules, the promulgation of additional rules, the clarification of statutory authority to be introduced by the agency or the Joint Committee or a recommendation to curtail an unauthorized practice.
If the Joint Committee issues a recommendation to the peremptory rule or rulemaking, it shall so notify the agency. Within 5 working days after the Joint Committee hearing. The notification shall include a statement of the specific recommendation of the Joint Committee to the peremptory rule or rulemaking.
Each statement of specific recommendations shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
c) Suspension
If the Joint Committee finds that the peremptory rule or rulemaking or a portion thereof is objectionable under one or more of the criteria in Section 240.500 of this Part, and that the rule meets any of the criteria in Section 240.650 of this Part, the Joint Committee shall suspend the rule or portion thereof pursuant to Section 5-125 of the Act. Such action can only be taken upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.
If the Joint Committee suspends the peremptory rule or portion thereof, it shall certify that fact to the agency and the Administrative Code Division. Such certification will be sent to the agency and the Administrative Code Division in the form shown in Exhibit C of Part 230 of the Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit C) within 5 working days after the Joint Committee hearing. The certification shall include a statement of the reasons for the Joint Committee's suspension of the peremptory rule or portion thereof.
Each statement of suspension shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
The effectiveness of the peremptory rule or portion thereof shall be suspended immediately for at least 180 days upon receipt of the certified statement by the Administrative Code Division. The suspension shall be indicated prominently and clearly on the face of the peremptory rule or portion thereof by the Administrative Code Division. A peremptory rule or portion thereof that is suspended cannot be enforced, or invoked for any reason, by the Agency. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(b)) [5 ILCS 100/5-125(b)]
The Joint Committee shall introduce a Joint Resolution in either house of the General Assembly to continue the suspension. Passage of the Joint Resolution by the General Assembly within 180 days after the certification is received by the Administrative Code Division will have the effect of repealing the peremptory rule or portion thereof. The rule or portion thereof shall be immediately removed from the compilation of effective rules by the Administrative Code Division. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(c)) [5 ILCS 100/5-125(c)]
Upon the affirmative vote of the majority of the members of the Joint Committee voting, a suspension of a peremptory rule may be withdrawn. Withdrawal of a suspension must be done prior to the passage of the Joint Resolution in either house of the General Assembly. The Joint Committee shall issue a Certification of Withdrawal of Suspension of Peremptory Rules to the agency in the manner shown in Exhibit F of Part 230 (1 Ill. Adm. Code 230.Exhibit F) and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.
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The failure of the Joint Committee to issue an objection or recommendation to a peremptory rule or rulemaking shall not be construed to imply approval of the rule or rulemaking by the Joint Committee or the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS 100/5-100]
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a) The agency shall respond to an objection issued by the Joint Committee within 90 days after receipt of the statement of specific objections pursuant to Section 5-120 of the Act. The response should be made, in the manner shown in Exhibit D of Part 230 of the Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit D) and shall be signed by the agency head.
b) The agency must respond to each objection of the Joint Committee by one of the methods enumerated as follows:
Amend the peremptory rule to meet the Joint Committee's objection.
Repeal the peremptory rule.
Refuse to amend or repeal the peremptory rule. A notice of refusal must also be submitted to the Administrative Code Division for publication in the Illinois Register if the agency responds in this manner.
c) If the agency elects to amend or repeal the peremptory rule in response to an objection, it shall initiate rulemaking pursuant to Section 5-40, 5-45 or 5-50 of the Act. The agency shall complete the rulemaking process within 180 days after the rulemaking is proposed in the Illinois Register.
d) An amendment to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the peremptory rule or rulemaking.
e) The failure of an agency to respond to an objection of the Joint Committee within 90 days after receipt of the objection shall be deemed to be a refusal to amend or repeal the rule pursuant to Section 5-120(g) of the Act.
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a) The agency should respond to a recommendation issued by the Joint Committee within 90 days after receipt of the statement of specific recommendations. The agency response should address each of the specific recommendations stated by the Joint Committee and should clearly state the nature of (agreement to amend, agreement to repeal, refusal to amend or repeal) and rationale for the response. The response should be made in the manner shown in Exhibit E of Part 230 of the Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit E).
b) The agency should respond to each Joint Committee recommendation for action in one of the following ways:
Agree to pursue the action recommended by the Joint Committee.
Refuse to pursue the action recommended by the Joint Committee.
c) Responses should be submitted to the Joint Committee, in writing, and shall be signed by the agency head.
d) The failure of an agency to respond to a recommendation of the Joint Committee within 90 days after receipt of the recommendation shall be deemed to be a refusal.
e) The failure of an agency to complete rulemaking proposed in response to a recommendation within 180 days after the rulemaking commenced shall be deemed to be a refusal to amend or repeal the rule.
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a) If the Joint Committee finds that the agency's response to an objection or recommendation is not adequate, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for publication in the Illinois Register. The notice will include a specific statement of the reasons the Joint Committee has determined that the response to the objection or recommendation is not adequate. Failure of the agency to respond to a Joint Committee objection or recommendation shall be deemed to be a refusal.
b) If the agency fails to remedy an objection or adequately respond to a recommendation, the Joint Committee may draft legislation to address the problems. Such legislation must be approved by a majority vote and may be introduced in either house of the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-120) [5 ILCS 100/5-120]
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Act means the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100].
Administrative Code Division or Code Division means the unit of the Office of the Secretary of State Index Department that publishes the Illinois Administrative Code and the Illinois Register and with which rules are filed.
Agency means each type of entity enumerated in Section 1-20 of the Act that is authorized by law to make rules or to determine contested cases.
Committee means the Joint Committee on Administrative Rules, created by Section 5-90(a) of the Act.
Director means the Executive Director of the Joint Committee.
Expedited Correction means a correction of the text of a rule adopted by an agency and filed with the Secretary of State, effectuated pursuant to Section 5-85(b) of the Act and this Part.
Illinois Administrative Code means the complete text of all rules adopted by State agencies and filed with the Administrative Code Division.
Illinois Register means the weekly publication of the Administrative Code Division authorized by Section 5-70 of the Act.
Rule means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy and that affects the private rights of or procedures available to persons or entities outside the agency, but does not include statements concerning only the internal management of an agency and not affecting private rights of or procedures available to persons or entities outside the agency, informal advisory rulings issued under Section 5-150 of the Act, intra-agency memoranda or the prescription of standardized forms (Ill. Rev. Stat. 1991, ch. 127, par. 1001-70) [5 ILCS 100/1-70].
Rulemaking means the process by which agencies propose, adopt, amend or repeal rules pursuant to Section 5-35 of the Act.
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a) An agency may request the Committee to issue a Certificate of Correction with respect to an adopted rule filed with the Secretary of State. The certificate shall authorize changes in rule text to address:
nonsubstantive errors, such as typographical, clerical, grammatical, printing, copying, or other inadvertent errors, such as omission of existing or inclusion of previously repealed Illinois Administrative Code text;
any omissions or errors that create unintentional discrepancies between adopted rule text and text previously published in the Illinois Register or second notice rule text; or
any discrepancies between adopted rule text and agreements certified by the Committee during the second notice period. (Section 5-85(b) of the Act)
b) Agency requests for a Certificate of Correction shall be in writing and shall be clearly identified as a Request for Correction. Requests shall be submitted to the Executive Director at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
c) Agency requests for a Certificate of Correction shall include the following information:
the name of the agency;
the title and Illinois Administrative Code citation of the affected rule;
the date, page number and volume number of the Illinois Register in which the first notice of the rulemaking that gave rise to the agency request for Certificate of Correction was published and of the Illinois Register in which the rulemaking was adopted;
the full text of the affected Sections, indicating both the incorrect text and the agency's proposal for correction, in accordance with 1 Ill. Adm. Code 100.420(c);
an explanation of the reasons listed in subsection (a) that apply;
an explanation of how the public interest will be served and no hardship created by correction of the error cited by the agency, information verifying that the public notice considerations of the Act are not unduly circumvented, the agency's rationale for requesting expedited rulemaking as opposed to adhering to the time constraints of the regular rulemaking process, and a description of the measures taken and to be taken by the agency to make the Request for Correction and Certificate of Correction known to persons affected by the rule;
the name, address and telephone and telefax number of the agency representative who will respond to Committee questions regarding the Request for Correction and to whom the public may comment; and
in the event an effective date of the Correction is sought by the agency that differs from the effective date of the rulemaking that is being corrected, the proposed effective date of Correction and the rationale for the different effective date.
d) If a Request for Correction does not meet the requirements of subsection (c) above, no action shall be taken to certify the correction until the agency has, pursuant to a request from the Committee, provided the additional or clarified information.
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a) Upon receipt of a Request for Correction that meets the requirements of Section 245.110(c), the Committee shall:
notify the agency and Administrative Code Division that the Request for Correction meets the requirements of Section 245.110(c), and provide a copy of the Request for Correction to the Administrative Code Division for publication in the Illinois Register;
review the Request;
question the agency if necessary; and
recommend modifications to the specific corrective language proposed by the agency, if necessary.
b) The Committee shall consider the Request for Correction at its next meeting, unless deferred in accordance with subsection (c) below.
c) The Committee may defer consideration of a Request for Correction on such grounds as:
inadequate time for the Committee to assess and evaluate the public interest to be served and whether no hardship is created by remediation of the error or omission through the expedited correction process rather than through regular rulemaking;
inadequate time for an evaluation of whether the public notice considerations of the Act are not being unduly circumvented (Section 5-85(b) of the Act);
the complexity of the Request for Correction; and
available time for consideration by the Committee of other items on its meeting agenda.
a) Certification of Correction
If the Committee finds that a Request for Correction meets the criteria of Section 5-85(b) of the Act and Sections 245.110 and 245.140 of this Part, then the Committee shall issue a Certificate of Correction in the manner shown in Exhibit A of this Part. Such certification shall be mailed to the agency within 5 working days following the Committee meeting. If the Committee determines the Request for Correction does not meet the criteria of Section 5-85(b) of the Act and this Part, then the Committee shall issue a Certificate of Failure to Meet the Requirements of Section 5-85(b) of the Illinois Administrative Procedure Act in the manner shown in Exhibit B of this Part. Such certificate shall be mailed to the Administrative Code Division within 5 working days following the Committee meeting.
The agency shall file one original and 4 copies of the corrective language, showing the entire text of the affected Sections, for the Illinois Register and one original and 2 copies for inclusion in the Administrative Code. The filing must be accompanied by the Certificate of Correction.
Failure of the Committee to issue a Certificate of Correction does not prevent an agency from pursuing the proposed corrections through further rulemaking under the Act.
b) The effective date determined pursuant to Section 5-85(b) of the Act shall be indicated on the Certificate of Correction.
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Agencies are required by Section 5-85(b) of the Act to take reasonable and appropriate measures to make rule corrections known to parties affected by the corrections. Such measures may include, but are not limited to:
a) issuance of press releases;
b) issuance of bulletins to affected trade organizations, vendors, constituency groups, etc.;
c) announcement at public hearings conducted by the agency;
d) announcement in agency publications, newsletters, etc.; and
e) individual contact with affected parties.
The Committee shall also include notice of an expedited correction in any summary of rulemaking activity that it may prepare for the public at large.
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATE OF CORRECTION
TO ADOPTED RULEMAKING
This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered the (agency's) request for correction of errors in (Heading of the Part; Code Citation) created by the adoption of rules at (Illinois Register citation). After consideration, the Joint Committee certifies that the corrective language, effective (agreed effective date), attached to this document meets the requirements and serves the purposes of Section 5-85(b) of the Illinois Administrative Procedure Act.
Certified (Date)
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month), (Year).
Notary Public
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATE OF FAILURE TO MEET THE REQUIREMENTS OF SECTION
5-85(b) OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT
This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered the (agency's) request for correction of errors in (Heading of the Part; Code Citation) created by the adoption of rules at (Illinois Register citation). After consideration, the Joint Committee certifies that the proposed corrective language fails to meet the requirements of Section 5-85(b) of the Illinois Administrative Procedure Act.
Certified (Date)
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month), (Year).
Notary Public
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The Committee will review all agency rules on a periodic basis by the subject of the rules. Each set of rules of each agency will be evaluated during the course of this review at least once every five years. This review is mandated by Section 5-130 of the Act.
The five-year review of all agency rules discussed in this Part is in addition to the review of proposed rules of State agencies and other reviews of agency rules authorized by other provisions of the Act.
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To insure that the Committee reviews similar rules at the same time (Ill. Rev. Stat. 1991, ch. 127, par. 1005-130) [5 ILCS 100/5-130], it will assign each set of rules to one of the categories listed in Sections 250.400 through 250.800. As new sets of rules are adopted, they will be assigned to these categories and the Committee will maintain a current listing of all of the rules under each category.
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In the first year of each five-year review cycle the Committee will review all of the rules assigned to the category of Industry and Labor, including:
a) Agricultural Regulation
b) Business Regulation
c) Consumer Protection
d) Labor Laws
e) Regulation of Occupations
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In the second year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:
a) Education and Cultural Resources
Special Education
Vocational and Professional Education
b) Financial Institutions
c) Government Management
State Buildings, Construction and Maintenance
State Travel
d) Human Resources
Grants for Medical Services
Public Health
State Adult Institutions
e) Natural Resources
Land Pollution Control
Wildlife Management
f) Public Utilities
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In the third year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:
a) Education and Cultural Resources
Educational Grants and Scholarship Programs
Cultural Resources
b) Emergency Services
c) Government Management
Elections
Records and Information Management
State Financial Management
d) Human Resources
Food Handling and Services
Regulation of Social Services
e) Natural Resources
Parks and Recreation Management
Public Water Supplies
f) Transportation − Railroad Regulation
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In the fourth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:
a) Education and Cultural Resources
Higher Education
Elementary and Secondary Education
b) Government Management
Government Purchasing
Personnel and Merit Systems
Retirement Systems
c) Human Resources
Grants for Social Services
Regulation of Health Facilities
d) Natural Resources
Air Pollution Control
Energy
e) Transportation
Airplane and Airport Regulation
Traffic Safety
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In the fifth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:
a) Education and Cultural Resources - Educational Facilities and Safety
b) Government Management
Organizational and Rulemaking Rules
State Revenue
c) Human Resources
Regulation of Health Professions
Regulation of Medical Services
State Juvenile Institutions
d) Law Enforcement
e) Natural Resources - Water Resources and Pollution Control
f) Transportation
Highway Planning, Construction and Maintenance
Trucking Industry Regulation
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At the beginning of each year of the review, the Committee will notify each agency whose rules will be reviewed during that year. Such notification will include the following information:
a) The specific sets of rules assigned to the categories that will be reviewed.
b) The time period during which the Committee will be reviewing such rules.
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The Committee will request the agency to submit the following information on each set of rules being reviewed. The agency will be allowed at least 60 days to submit this information.
a) A citation to the specific statute that authorizes each set of rules and the specific statute that each set of rules is implementing or interpreting.
b) A list of the programs and organizational units of the agency that are related to each set of rules.
c) An estimate of the cost to the State for operation of the agency programs related to each set of rules and for enforcement or monitoring of compliance with the rules. An estimate of the effect of each set of rules on State revenue.
d) An estimate of the extent of compliance and non-compliance by the affected public with each set of rules, and the number and extent of variances permitted by the agency to each set of rules.
e) Copies of all agency policy and procedural manuals, guidelines or any non-rule materials followed by the agency in executing its programs or activities. Copies of any related forms used by the agency.
f) An estimate of the economic effect on the persons and groups regulated by each set of rules.
g) A discussion of the public need for the regulation provided by each set of rules. This discussion should include evidence of any harm that would result to the public health, welfare or safety if the rules were repealed.
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The staff of the Committee will review each set of rules. Such staff review will be based on the criteria in Section 250.1400. The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency. The agency will be allowed at least 60 days to provide written responses to any questions raised.
The Committee will hold one or more public hearings during the review of the rules in each subject to gather information and views from interested persons and groups, when it finds that such a hearing is necessary for a complete review of the rules. The Co-Chairmen of the Committee may designate a subcommittee for the purpose of holding such public hearings. The agenda of such hearings shall be published in the Illinois Register as provided in Section 5-90(a) of the Act. Each agency whose rules are the subject of a public hearing will be notified of the hearing. Testimony presented at such hearings will be considered by the Committee in its review of the rules utilizing the criteria in Section 250.1400.
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The Committee may further group rules together by agency or category to facilitate the conduct of the review or to report the findings to the Committee.
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The Committee will consider these criteria in its review of each set of rules:
a) Substantive
Is there legal authority for the rules?
Do the rules comply with the statutory authority and legislative intent on which it is based, or which it is implementing or interpreting?
Do the rules comply with State and federal constitutions, State and federal law, and case law?
Do they include adequate standards for the exercise of each discretionary power discussed in the rules?
b) Propriety
Is there an adequate justification and rationale for the rules and for any regulation of the public embodied in the rules?
Has the agency reasonably considered the economic and budgetary effects of the rules as well as less costly alternatives?
Is the language of the rules simple and clear, so that the rules can be understood by the persons and groups they will affect?
Are the rules free of serious technical errors, redundancies and grammatical or typographical errors that could affect the meaning of the rules?
c) Procedural
Were the rules adopted in compliance with the Act?
Were the rules adopted in compliance with the requirements of the Administrative Code Division (see 1 Ill. Adm. Code 100)?
Were the rules adopted in compliance with any additional requirements imposed on the agency by State or federal law?
Were the rules adopted in compliance with the agency's own rules for its rulemaking process?
Has the agency been responsive to public comment on the rules and to related requests for rulemaking?
d) Additional
Has the agency shown that the rules are necessary? Has the agency shown that there is a public need for the regulation embodied in the rules?
Are the rules accurate and current in relation to agency operations and programs?
Are the rules free of overlaps and conflicts among requirements and among regulatory jurisdictions?
Is the agency consistently and uniformly administering its programs and activities in accordance with its rules?
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The staff will report the results of its review to the Committee. The staff report may include proposals for any of the types of action listed in Section 250.1700. Staff proposals shall be only advisory to the Committee and shall not limit the Committee's power to take some other action. Each agency whose rules are being reviewed shall be given an opportunity to submit its views and comments on the staff report in writing prior to the hearing by the Committee.
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The Joint Committee shall hold a hearing on each staff report. Such a hearing may be conducted as part of other hearings of the Committee. The agenda of the hearing will be published in the Register as provided in Section 5-90(a) of the Act. At the hearing the Committee will consider the rules and the staff report in relation to the criteria in Section 250.1400. Written or oral testimony by the agencies and testimony received at public hearings held as provided in Section 250.1200 will also be considered.
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In response to problems in the rules discovered as a result of its review, the Committee may take any of these types of actions:
a) Object to specific rules that were reviewed. Such objections to rules shall be made as discussed in Section 250.1800.
b) Recommend rulemaking or other action by agencies. This action may include recommending changes in the rulemaking process followed by agencies or coordination of rulemaking among agencies. Recommendations shall be issued as discussed in Section 250.2100.
c) Recommend further study of the problems by a legislative committee, commission or other unit.
d) Draft specific legislation to correct the problems. The proposal for legislation must be approved by a majority vote. It will then be introduced in either house of the General Assembly.
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If the Committee finds that a rule or a set of rules does not meet one or more of the criteria in Section 250.1400, it may object to the rule as provided in Section 5-120 of the Act. In five working days after the day of the hearing, the Committee will certify the objection to the agency. A statement of specific objections to the rule and the reason for the objection shall be included.
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a) The agency should respond to an objection issued by the Committee within 90 days after it receives the statement of specific objections. The agency response should address each of the specific objections stated by the Committee. The agency response should be concise, but complete, and should clearly state the nature of and the rationale for the response.
b) The agency should respond to an objection by the Committee in one of the following ways:
Amend the rule to meet the specific objections stated by the Committee. The agency should take action to begin any rulemaking that is part of the response.
Repeal the rule. The agency should state the specific objections of the Committee or other reasons that are the basis of the repeal. The agency should take action to begin any rulemaking that is part of the response.
Refuse to amend or repeal the rule. The agency should address its reasons for refusing to amend or repeal the rule.
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a) Failure of an agency to respond to an objection to a rule within 90 days after the receipt of the objection shall be deemed to be a refusal to amend or repeal the rule.
b) Failure of an agency to complete rulemaking started in response to an objection within 180 days after the notice of the rulemaking shall be deemed to be a refusal to amend or repeal the rule.
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If the Committee finds that a set of rules raises problems that require rulemaking or some other type of action by an agency, the Committee will recommend such action to the agency. In five working days after the day of the hearing, the Committee will certify the fact of such recommendation to the agency. A statement of the specific recommended actions, the reasons for the recommendation and the date by which the agency should respond shall be included. The Committee will monitor whether agencies take the actions it recommends as a result of its review. Agencies should inform the Committee of actions being taken in response to such recommendations.
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If an agency refuses to remedy an objection to a rule or set of rules, or fails to take recommended action, the Committee may draft legislation to address the problems. The legislation will be approved by a majority vote. It will then be introduced in either house of the General Assembly.
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In accordance with PA 88-535, the purpose of this Part is to insure that the electronically stored database of the Illinois Register and the Illinois Administrative Code (database) is made available in an electronically stored medium to those who request it.
a) The Illinois Administrative Code, in its entirety and by individual Titles, and the Illinois Register shall be made available to the public, for a reasonable fee as established in subsection (e) below, in an electronically stored medium. Updates of the Illinois Administrative Code shall also be made available from time to time for a reasonable fee as described in subsection (e) below.
b) All requests for electronically stored database materials shall be submitted in writing to the Executive Director of the Joint Committee on Administrative Rules (JCAR), at 700 Stratton Bldg., Springfield IL 62706 and shall contain the name, address and telephone number of the requestor. Persons wanting further information can contact JCAR at 217-785-2254.
c) The Director shall determine the following, depending upon the technical capabilities of the LIS system, the availability of JCAR and LIS staff resources and the availability of LIS computer time:
the extent of the database materials to be released;
the timing of the release (i.e., the materials being transferred are current as of a specified date); and
the electronic format and storage medium of the release.
d) All persons, corporations, associations or entities that request electronically stored materials from the database shall sign a Database Distribution Agreement.
e) The fee for electronically stored materials from the database shall be $300 per megabyte or part of a megabyte, without proration.
f) Payment by check or money order is required in advance of transfer of the database materials. Revenues will be deposited in the General Assembly Computer Equipment Revolving Fund. Payment is not refundable.
g) The Director shall determine the frequency of the availability of database updates.
h) The requestor shall supply postage paid mailing supplies or access to an express mailing account for mail delivery of database materials. The requestor shall supply the medium, designated by the Director, for the electronic transfer. If technical capabilities of LIS and the requestor allow, the Director may provide for direct transfer of database material without the use of an intermediary medium.
i) JCAR shall require any person who obtains electronically stored database materials from JCAR and publishes or otherwise distributes the contents to deliver to JCAR without charge, immediately upon publication, at least one copy of the publication in the same form in which it is published, whether in print, electronic, or other medium.
j) If the requestor intends to distribute the electronically stored database information to a third party, and edits or otherwise changes the text of the database or determines that changes in the database are necessary, the requestor shall notify JCAR in writing of each change.
k) The electronically stored database information is for the sole use of the requestor. The database shall not be resold or otherwise provided to any other individual or entity for distribution to end users except the requestor may use the database for the intended purpose of disseminating the Illinois Administrative Code or parts thereof, or the Illinois Register, to its customers or subscribers for their end use, in print, electronic or other medium. The requestor may not use the Database materials for any other purpose except with the written consent of JCAR and for reasonable consideration to be based on the nature of the requested use.
a) The Joint Committee on Administrative Rules (Joint Committee) will review policies and rules of State agencies when it receives a written complaint concerning such policies or rules as provided in this Part. This review is authorized by Sections 5-100 and 5-120 of the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-100 and 1005-120) [5 ILCS 100/5-100 and 5-120] and is intended to facilitate the promotion of adequate and proper rules by agencies and understanding on the part of the public respecting such rules.
b) The review conducted pursuant to this Part shall be considered a legislative investigation and is not intended as a prerequisite to judicial relief.
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a) The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part.
b) For the purposes of this Part, a complaint consists of any written communication received by the Joint Committee that raises questions related to the criteria in Section 260.700 of this Part. Complaints may address one or more of the following:
An existing rule of an agency.
The failure of an agency to fully or properly enforce its rules.
The absence of rules required by statute or necessary for the proper conduct of an agency program or function.
An agency rule that is applied generally, but is not embodied in the rules of the agency promulgated pursuant to the Act.
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a) Complaints should be sent to the Executive Director at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Each complaint must include, at a minimum, the following items, if applicable to the particular complaint:
The issues involved.
Names and addresses of the persons or groups making the complaint.
The agency whose rules, policies, or practices are being questioned.
The specific rule or set of rules involved.
The effect of the rules, policies or practices on the persons or groups making the complaint.
Any additional facts necessary to understand the issues.
The relationship between the issues and the criteria in Section 260.700 of this Part.
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a) Agency rules that are not adopted in accordance with the procedures set forth in the Act are invalid and unenforceable. When the Joint Committee receives a complaint that alleges the enforcement of a rule that is not embodied in a properly promulgated rule, the Joint Committee will undertake an investigation pursuant to this Part.
b) When a complaint is received alleging that an agency has a rule that is not embodied in properly promulgated rules, the Joint Committee will encourage the persons making the complaint to petition the agency as provided in Section 5-145 of the Act.
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The staff of the Joint Committee will review each complaint. The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency. The staff review will be based on the criteria in Section 260.700 of this Part. The staff will attempt to inform the agency of the substance of the complaint and any proposals for Joint Committee action prior to the Joint Committee hearing.
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The staff shall report the results of its review to the Joint Committee at the next monthly meeting, provided there are at least 60 days between receipt of the complaint and the meeting. If there are fewer than 60 days, the rulemaking may be scheduled for the following meeting. The staff report will present evidence of possible problems with the rules in relation to the criteria in Section 260.700 of this Part. The report may include proposals for action by the Joint Committee. Such proposals shall be advisory only and do not limit the Joint Committee's power to take some other action.
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A complaint may be placed on the agenda of the Joint Committee for consideration by any member of the Committee or by the Executive Director. Such action will be based upon evidence of possible problems with the rules in relation to the criteria in Section 260.700 of this Part. A complaint will not be placed on the agenda if the same issues have been previously considered by the Joint Committee, unless the complaint reveals information not available to the Joint Committee at the time the issue was considered and which, if available at that time, would have altered the outcome.
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a) The Joint Committee will consider the following criteria in its review of a complaint based upon existing rules:
A) Does the agency have legal authority for the rules?
B) Does the agency have rulemaking authority?
C) Do the rules comply with the statutory authority and legislative intent on which they are based, or that they are implementing or interpreting?
D) Do the rules comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?
E) Do the rules include standards for the exercise of discretionary authority? Are the standards defined as clearly as practicable under the conditions?
A) Is there an adequate justification and rationale for the rules and for any regulation of the public embodied in the rules?
B) Has the agency considered the economic effects of the rules upon those regulated, including small businesses, not for profit corporations, units of local government, school districts, and community college districts?
C) Has the agency considered less costly alternatives to the rules?
D) Has the agency considered the budgetary effects of the rules upon itself, other State agencies, and State revenue in general?
E) Is the language of the rules simple and clear, so that the rules can be understood by the persons and groups they will affect?
F) Are the rules free of serious technical errors, redundancies and grammatical or typographical errors that could affect the meaning of the rules?
A) Were the rules adopted in compliance with the Act?
B) Were the rules adopted in compliance with the requirements of the Administrative Code Division (1 Ill. Adm. Code 100)?
C) Were the rules adopted in compliance with any additional requirements imposed on the agency by State or federal law?
D) Were the rules adopted in compliance with the agency's own rules for the promulgation of rules?
E) Was the agency responsive to public comments made to the rules and to related requests for rulemaking?
A) Has the agency shown that the rules are necessary? Has the agency shown that there is a public need for the regulation embodied in the rules?
B) Are the rules accurate and current in relation to agency operations and programs?
C) Are the rules free of overlaps and conflicts among requirements and among regulatory jurisdictions?
b) The Joint Committee will use the following criteria for its review of agency rules or policy not promulgated pursuant to the Illinois Administrative Procedure Act:
Is the entity enforcing the policy in question an agency as defined in the Act?
Does the agency have statutory authority for the policy?
Does the agency have rulemaking authority?
Does the policy comply with the statutory authority and legislative intent upon which it is based?
Does the policy comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?
Is the policy included in any agency rule? Is the policy included in an internal agency document?
Does the policy meet the definition of a rule found in the Act?
c) If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) or (b) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 260.900 of this Part.
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a) Objection or Recommendation to Existing Rule
A) If the Joint Committee finds that the rule does not meet one or more of the criteria in Section 260.700(a) of this Part, the Joint Committee may object to the rule pursuant to Section 5-120 of the Act.
B) If the Joint Committee objects to the rule, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit A of this Part within 5 working days after the objection is issued. The certification shall include a statement of the specific objection of the Joint Committee to the rules.
C) Each statement of specific objections shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
A) If the Joint Committee determines that the rule is incomplete or inconsistent or does not meet one or more of the criteria in Section 260.700(a) of this Part, the Joint Committee shall recommend further action. Recommended actions include the promulgation of additional rules, the clarification of statutory authority through legislation to be introduced by the agency or the Joint Committee, and a recommendation to curtail an unauthorized practice.
B) If the Joint Committee issues a recommendation concerning the rule, it shall so notify the agency within 5 working days after the recommendation is issued. The notification shall include a statement of the specific recommendation of the Joint Committee to the rule.
C) Each statement of specific recommendation shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.
b) Objection or Recommendation to Agency Rule or Policy Not Promulgated Pursuant to the Illinois Administrative Procedure Act
The Joint Committee shall issue an objection or recommendation to an agency rule or policy not promulgated pursuant to the Illinois Administrative Procedure Act if the rule or policy does not meet one or more of the criteria in Section 260.700(b) of this Part. Such objections or recommendations will be issued on the same bases as objections or recommendations issued to rules pursuant to subsection (a) of this Section. The same procedures will be applied to such actions.
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The failure of the Joint Committee to issue an objection or recommendation to an existing rule or agency rule not promulgated pursuant to the Act shall not be construed to imply approval of the rule or policy by the Joint Committee or the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS 100/5-100]
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a) The agency shall respond to an objection issued by the Joint Committee within 90 days after receipt of the statement of specific objections. (Section 5-120 of the Act) The agency response shall address each of the specific objections stated by the Joint Committee. The agency response shall clearly state the nature of the response (agreement to amend, agreement to repeal, refusal to amend or repeal) and the rationale for the response. The response should be made in the manner shown in Exhibit C of this Part.
b) The agency must respond to each objection of the Joint Committee in one of the following ways.
Propose a rulemaking to meet the Joint Committee's objection.
Discontinue the policy not in rules.
Refuse to amend or repeal the rule or policy or to propose a new rule. A notice of refusal must also be submitted to the Administrative Code Division for publication in the Illinois Register if the agency responds in this manner.
c) Responses shall be submitted to the Joint Committee, in writing, and shall be signed by the agency head.
d) If the agency elects rulemaking in response to an objection, it shall initiate the rulemaking pursuant to Section 5-40, 5-45 or 5-50 of the Act. The agency shall complete the rulemaking process within 180 days after the rulemaking is proposed in the Illinois Register.
e) An amendment to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the rule.
f) The failure of an agency to respond to an objection of the Joint Committee within 90 days after receipt of the objection shall be deemed a refusal to initiate rulemaking.
g) The failure of an agency to complete rulemaking proposed in response to an objection within 180 days after the publication of the notice of the rulemaking shall be deemed a refusal to initiate rulemaking.
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a) The agency should respond to a recommendation issued by the Joint Committee within 90 days after receipt of the statement of specific recommendations. The agency response should address each of the specific recommendations stated by the Joint Committee and should clearly state the nature of (agreement or refusal) and rationale for the response. The response should be made in the manner shown in Exhibit D of this Part.
b) Responses should be submitted to the Joint Committee, in writing, and shall be signed by the agency head.
c) The failure of an agency to respond to a recommendation of the Joint Committee within 90 days after receipt of the recommendation shall be deemed to be a refusal.
d) The failure of an agency to complete rulemaking proposed in response to a recommendation within 180 days after the publication of the rulemaking shall be deemed a refusal to initiate rulemaking.
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a) If the Joint Committee finds that the agency's actions do not adequately respond to an objection or recommendation, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for publication in the next available issue of the Illinois Register. The notice will include a specific statement of the reasons the Joint Committee has determined that the response to the objection or recommendation is not adequate.
b) If the agency fails to adequately respond to an objection or recommendation, the Joint Committee may draft legislation to address the problems. A proposal for legislation must be approved by a majority vote and may be introduced in either house of the General Assembly.
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The Executive Director will notify the complainants, in writing, of the results of the Joint Committee review and the agency response.
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JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION
TO EXISTING RULES OR POLICIES
I, (Director's name), Executive Director of the Joint Committee on Administrative Rules, being first duly sworn on oath, depose and state that, pursuant to Sections 5-100 and 5-120 of the Illinois Administrative Procedure Act (Act), the Joint Committee on Administrative Rules, at its meeting on (meeting date), voted an Objection to the (agency name) [rules entitled (Heading of the Part, Code Citation) or policy administered in the absence of rules adopted in accordance with the Act].
A statement of the Joint Committee's specific Objections accompanies this certification.
Section 5-120 of the Act requires the agency to respond to the Joint Committee's Objections within 90 days after receipt of this Certification of Objection. The agency's response will be placed on the Committee's agenda for further consideration. Failure to respond shall constitute a refusal to [amend or repeal the rule; adopt appropriate rules; or refrain from inappropriate activities].
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month), (year).
Notary Public
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Date:
Agency:
[Heading of the Part] [Description of the Policy]:
Code Citation:
If rulemaking will be initiated, date notice of proposed rulemaking was, or is expected to be, published in the Illinois Register ____________.
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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Date:
Agency:
[Heading of the Part] [Description of the Policy]:
Code Citation:
If rulemaking will be initiated, date notice of proposed rulemaking was, or is expected to be, published in the Illinois Register: ___________________
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response. Use additional pages as necessary.)
Signature of Agency Head
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Pursuant to Section 5-30 of the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30), the Business Development Bureau (Bureau) of the Department of Commerce and Community Affairs (Department) has the responsibility of preparing an impact analysis on any proposed rulemaking that will have an impact on small businesses. This Part serves to establish guidelines that govern the Department's implementation of this provision of the Act.
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"Impact" is the effect on small businesses resulting from rulemaking implemented by a state agency. This includes, but is not limited to, rulemaking pertaining to licensing/registration/permitting and grant/loan application processes.
"Interested person" is an association representing at least 100 interested persons, the Governor, a unit of local government, or a total of 25 or more requests from individuals.
"Issuing agency" is that agency proposing rulemaking.
"Recordkeeping" is that information which must be recorded and maintained by the business in order to comply with rules.
"Reporting requirement" is any information that a business must submit to an issuing agency or any other agency as required in the rules.
"Small business" is any for profit entity, independently owned and operated, not dominant in its field, which grosses less than four million dollars per year or employs fewer than fifty full-time employees. Two part-time employees equal one full-time employee. For purposes of a specific rule, an agency may define small business to include more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small businesses and organizations. A business is considered dominant in its field if it is the only business in Illinois engaged in that particular activity.
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a) The Secretary of State shall provide the Bureau with a copy of all proposed rulemakings. Whenever the Bureau believes that an analysis is warranted or whenever requested to do so by the Joint Committee on Administrative Rules (JCAR) or an interested person, the Bureau shall prepare an impact analysis.
b) The impact analysis may include information obtained from, but not limited to, the following:
data information services;
business associations;
business community;
meetings or hearings held by others regarding proposed rulemaking;
technical specialists in the appropriate field; and
issuing agency.
c) The impact analysis shall be completed within forty-five days of the date of publication of the rule in the Illinois Register or within the first notice period. The analysis shall include the following:
A summary of the projected reporting, recordkeeping and other compliance requirements of the proposed rule.
A description of the types and an estimate of the number of small businesses to which the proposed rule will apply.
An estimate of the economic impact that the regulation will have on the various types of small businesses affected by the rulemaking.
A description or listing of alternatives to the proposed rule that would minimize the economic impact of the rule. The alternatives must be consistent with the stated objectives of the applicable statutes and regulations (Section 5-30(c)(1)-(4) of the Act).
d) Pursuant to Section 5-30(c) of the Act, the Bureau shall submit a copy of the impact analysis in writing to the issuing agency, any interested person who requested an analysis, and JCAR during the first notice period.
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