5 ILCS 100/5-80
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 100/ - Illinois Administrative Procedure Act.|Article 5 - Rulemaking Provisions

 (from Ch. 127, par. 1005-80)Sec. 5-80.     Publication of rules.(a) The Secretary of State shall, by rule, prescribe a uniform  system for the codification of rules.  The Secretary of State shall also,  by rule, establish a schedule for compliance with the uniform codification  system.  The Secretary of State shall not adopt any codification system or  schedule under this subsection without the approval of the Joint Committee  on Administrative Rules. Approval by the Joint Committee shall be  conditioned solely upon establishing that the proposed codification system  and schedule are compatible with existing electronic data processing  equipment and programs maintained by and for the General Assembly.  Nothing  in this Section shall prohibit an agency from adopting rules in compliance  with the codification system earlier than specified in the schedule.(b) Each rule proposed in compliance with the codification system shall  be reviewed by the Secretary of State before the expiration of the public  notice period under subsection (b) of Section 5-40.  The Secretary of State  shall cooperate with agencies in the Secretary of State's review to insure  that the purposes of the codification system are accomplished. The  Secretary of State shall have the authority to make changes in the  numbering and location of the rule in the codification scheme if those  changes do not affect the meaning of the rules.  The Secretary of State may  recommend changes in the sectioning and headings proposed by the agency and  suggest grammatical and technical changes to correct errors. The Secretary  of State may add notes concerning the statutory authority, dates proposed  and adopted, and other similar notes to the text of the rules, if the notes  are not supplied by the agency.  This review by the Secretary of State  shall be for the purpose of insuring the uniformity of and compliance with  the codification system.  The Secretary of State shall prepare indexes by  agency, subject matter, and statutory authority and any other necessary  indexes, tables, and other aids for locating rules to assist the public in  the use of the Code.(c) The Secretary of State shall make available to the agency and the Joint  Committee on Administrative Rules copies of the changes in the numbering  and location of the rule in the codification scheme, the recommended changes  in the sectioning and headings, and the suggestions made concerning the  correction of grammatical and technical errors or other suggested changes.  The agency, in the notice required by subsection (c) of Section 5-40, shall  provide to the Joint Committee a response to the recommendations of the  Secretary of State including any reasons for not adopting the recommendations.(d) If a reorganization of agencies, transfer of functions between  agencies, or abolishment of agencies by executive order or law affects  rules on file with the Secretary of State, the Secretary of State shall  notify the Governor, the Attorney General, and the agencies involved of the  effects upon the rules on file.  If the Governor or the agencies involved  do not respond to the Secretary of State's notice within 45 days by  instructing the Secretary of State to delete or transfer the rules, the  Secretary of State may delete or place the rules under the appropriate  agency for the purpose of insuring the consistency of the codification  scheme and shall notify the Governor, the Attorney General,  and the agencies involved.(e) (Blank).(f) The Secretary of State shall ensure that the Illinois  Administrative Code is published and made available to the public in a form  that is updated at least annually.  The Code shall contain the complete  text of all rules of all State agencies filed with the Secretary's  office and effective on October 1, 1984, or later and the indexes, tables, and  other aids for locating rules prepared by the Secretary of State. The Secretary  of State shall design the Illinois Register to supplement the Code.  The  Secretary of State shall ensure that copies of the Illinois  Register are available to the public and governmental entities and  agencies.If the Secretary of State determines that the Secretary's office will  publish and distribute either the Register or the Code, the Secretary shall  make copies available to the public at a reasonable fee, established by the  Secretary by rule, and shall make copies available to governmental entities and  agencies at a price covering publication and mailing costs only.The Secretary of State shall make the electronically stored database of the  Illinois Register and the Code available in accordance with this Section and  Section 5.08 of the Legislative Information System Act.(g) The publication of a rule in the Code or in the Illinois Register  as an adopted rule shall establish a rebuttable presumption that the rule  was duly filed and that the text of the rule as published in the Code is  the text of the rule as adopted. Publication of the text of a rule in any  other location whether by the agency or some other person shall not be taken  as establishing such a presumption.  Judicial or official notice  shall be taken of the text of each rule published in the Code or Register.(h) 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 the Illinois Register shall be the official  compilations of the administrative rules of Illinois and shall be entirely in  the public domain for purposes of federal copyright law.(i) The Legislative Information System shall maintain on its electronic  data processing equipment the complete text of the Illinois Register and  Illinois Administrative Code created in compliance with this Act.  This  electronic information shall be made available for use in the publication of  the Illinois Register and Illinois Administrative Code by the Secretary of  State if the Secretary determines that his office will publish these materials  as authorized by subsection (f).(j) The Legislative Information System, upon consultation with the Joint  Committee on Administrative Rules and the Secretary of State, shall make the  electronically stored database of the Illinois Register and the Illinois  Administrative Code available in an electronically stored medium to those who  request it.  The Legislative Information System shall establish and charge a  reasonable fee for providing the electronic information.  Amounts received  under this Section shall be deposited into the General Assembly Computer  Equipment Revolving Fund.    (Source: P.A. 91-357, eff. 7-29-99.)