5 ILCS 100/5-40
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 100/ - Illinois Administrative Procedure Act.|Article 5 - Rulemaking Provisions

 (from Ch. 127, par. 1005-40)Sec. 5-40.     General rulemaking.(a) In all rulemaking to which Sections 5-45 and 5-50 do not apply, each  agency shall comply with this Section.(b) Each agency shall give at least 45 days' notice of its intended action  to the general public.  This first notice period shall commence on  the first day the notice appears in the Illinois Register.  The first  notice shall include all the following:(1) The text of the proposed rule, the old and new     materials of a proposed amendment, or the text of the provision to be repealed.(2) The specific statutory citation upon which the     proposed rule, the proposed amendment to a rule, or the proposed repeal of a rule is based and by which it is authorized.(3) A complete description of the subjects and issues     involved.(3.5) A descriptive title or other description of any     published study or research report used in developing the rule, the identity of the person who performed such study, and a description of where the public may obtain a copy of any such study or research report. If the study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, 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.(4) For all proposed rules and proposed amendments to     rules, an initial regulatory flexibility analysis containing a description of the types of small businesses subject to the rule; a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule; and a description of the types of professional skills necessary for compliance.(5) The time, place, and manner in which interested     persons may present their views and comments concerning the proposed rulemaking.During the first notice period, the agency shall accept from any interested  persons data, views, arguments, or comments. These may, in the discretion of  the agency, be submitted either orally or in writing or both.  The notice  published in the Illinois Register shall indicate the manner selected by the  agency for the submissions.  The agency shall consider all submissions  received.The agency shall hold a public hearing on the proposed rulemaking during  the first notice period if (i) during the first notice period, the  agency finds that a public hearing  would facilitate the submission of views and comments that might not  otherwise be submitted or (ii) the agency receives a request for a public  hearing, within the first 14 days after publication of the notice of  proposed rulemaking in the Illinois Register, from 25 interested persons,  an association representing at least 100 interested persons, the Governor,  the Joint Committee on Administrative Rules, or a unit of local government  that may be affected.  At the public hearing, the agency shall allow  interested persons to present views and comments on the proposed  rulemaking.  A public hearing in response to a request for a hearing may  not be held less than 20 days after the publication of the notice of  proposed rulemaking in the Illinois Register unless notice of the public  hearing is included in the notice of proposed rulemaking. A public hearing  on proposed rulemaking may not be held less than 5 days before submission  of the notice required under subsection (c) of this Section to the Joint  Committee on Administrative Rules.  Each agency may prescribe reasonable  rules for the conduct of public hearings on proposed rulemaking to prevent  undue repetition at the hearings.  The hearings must be open to the public  and recorded by stenographic or mechanical means.  At least one agency representative shall be present during the hearing who  is qualified to respond to general questions from the public regarding the  agency's proposal and the rulemaking process.(c) Each agency shall provide additional notice of the proposed rulemaking  to the Joint Committee on Administrative Rules. The period commencing on  the day written notice is received by the Joint Committee shall be known as  the second notice period and shall expire 45 days thereafter unless before  that time the agency and the Joint Committee have agreed to extend the  second notice period beyond 45 days for a period not to exceed an  additional 45 days or unless the agency has received a statement of  objection from the Joint Committee or notification from the Joint Committee  that no objection will be issued.  The written notice to the Joint  Committee shall include (i) the text and location of any changes made to  the proposed rulemaking during the first notice period in a form prescribed  by the Joint Committee;  (ii) for all  proposed rules and proposed amendments to rules, a final regulatory  flexibility analysis containing 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 rule suggested by small  businesses during the first notice period, including reasons for rejecting  any alternatives not utilized; and (iii) if a written request has been made  by the Joint Committee within 30 days after initial notice appears in the  Illinois Register under subsection (b) of this Section, an analysis of the  economic and budgetary effects of the proposed rulemaking. 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.  The agency shall also send a copy of  the final regulatory flexibility analysis to each small business that has  presented views or comments on the proposed rulemaking during the first  notice period and to any other interested person who requests a copy.  The  agency may charge a reasonable fee for providing the copies to cover postage  and handling costs.(d) After the expiration of the second notice period, after notification  from the Joint Committee that no objection will be issued, or after a  response by the agency to a statement of objections issued by the Joint  Committee, whichever is applicable, the agency shall file, under Section  5-65, a certified copy of each rule, modification, or repeal of any rule  adopted by it.  The copy shall be published in the Illinois Register.  Each  rule hereafter adopted under this Section is effective upon filing unless a  later effective date is required by statute or is specified in the  rulemaking.(e) No rule or modification or repeal of any rule may be adopted, or filed  with the Secretary of State, more than one year after the date the first  notice period for the rulemaking under subsection (b) commenced.  Any  period during which the rulemaking is prohibited from being filed under  Section 5-115 shall not be considered in calculating this one-year time period.    (Source: P.A. 92-330, eff. 1-1-02.)