415 ILCS 5/28
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title VII - Regulations

 (from Ch. 111 1/2, par. 1028)Sec. 28.     Proposal of regulations; procedure.(a) Any person may present written proposals for the adoption, amendment,  or repeal of the Board's regulations, and the Board may make such proposals  on its own motion. If the Board finds that any such proposal is supported by  an adequate statement of reasons, is accompanied by a petition signed by at  least 200 persons, is not plainly devoid of merit and does not deal with a  subject on which a hearing has been held within the preceding 6 months, the  Board shall schedule a public hearing for consideration of the proposal. If  such proposal is made by the Agency or by the Department, the Board shall  schedule a public hearing without regard to the above conditions.  The Board may hold one or more hearings to consider both the merits and  the economics of the proposal. The Board may also in its discretion schedule a  public hearing upon any proposal without regard to the above conditions.No substantive regulation shall be adopted, amended, or repealed until  after a public hearing within the area of the State concerned. In the case  of state-wide regulations hearings shall be held in at least two areas. At  least 20 days prior to the scheduled date of the hearing the Board shall  give notice of such hearing by public advertisement in a newspaper of  general circulation in the area of the state concerned of the date, time,  place and purpose of such hearing; give written notice to any person in the  area concerned who has in writing requested notice of public hearings; and  make available to any person upon request copies of the proposed regulations,  together with summaries of the reasons supporting their adoption.Any public hearing relating to the adoption, amendment, or repeal of  Board regulations under this subsection shall be held before a qualified  hearing officer, who shall be attended by at least one member of the Board,  designated by the Chairman. All such hearings shall be open to the public,  and reasonable opportunity to be heard with respect to the subject of the  hearing shall be afforded to any person. All testimony taken before the  Board shall be recorded stenographically. The transcript so recorded, and  any written submissions to the Board in relation to such hearings, shall be  open to public inspection, and copies thereof shall be made available to  any person upon payment of the actual cost of reproducing the original.After such hearing the Board may revise the proposed regulations before  adoption in response to suggestions made at the hearing, without conducting  a further hearing on the revisions.In addition, the Board may revise the proposed regulations after  hearing in response to objections or suggestions made by the Joint  Committee on Administrative Rules pursuant to subsection (b) of Section  5-40 and subsection (a) of Section 5-110 of the Illinois Administrative  Procedure Act, where the Board finds (1) that such objections or  suggestions relate to the statutory authority upon which the regulation is  based, whether the regulation is in proper form, or whether adequate notice  was given, and (2) that the record before the Board is sufficient to  support such a change without further hearing.Any person heard or represented at a hearing or requesting notice shall  be given written notice of the action of the Board with respect to the  subject thereof.No rule or regulation, or amendment or repeal thereof, shall become  effective until a certified copy thereof has been filed with the Secretary  of State, and thereafter as provided in the Illinois Administrative Procedure  Act as amended.Any person who files a petition for adoption of a regulation specific to  that person shall pay a filing fee.(b) The Board shall not, on its own motion, propose regulations pursuant to  subsection (a) of this Section or Sections 28.2, 28.4 or 28.5 of this Act  to implement the provisions required by or related to the Clean Air Act  Amendments of 1990, as now or hereafter amended.  However, nothing herein shall  preclude the Board from, on its own motion:(1) making technical corrections to adopted rules     pursuant to Section 100.240 of Title 1 of the Illinois Administrative Code;(2) modifying a proposed rule following receipt of     comments, objections, or suggestions without agreement of the proponent after the end of the hearing and comment period;(3) initiating procedural rulemaking in accordance     with Section 26 of this Act; or(4) initiating rulemaking necessitated by a court     order directed to the Board.   (Source: P.A. 87-860; 87-1213; 88-45.)