5 ILCS 100/5-110
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 100/ - Illinois Administrative Procedure Act.|Article 5 - Rulemaking Provisions

 (from Ch. 127, par. 1005-110)Sec. 5-110.     Responsibilities of the Joint Committee with respect to proposed  rules, amendments, or repealers.(a) The Joint Committee shall examine any proposed rule, amendment to a  rule, and repeal of a rule to determine whether the proposed rule, amendment to  a rule, or repeal of a rule is within the statutory authority upon which it is  based; whether the rule, amendment to a rule, or repeal of a rule is in proper  form; and whether the notice was given before its adoption, amendment, or  repeal and was sufficient to give adequate notice of the purpose and effect of  the rule, amendment, or repeal. In addition, the Joint Committee may consider  whether the agency has considered alternatives to the rule that are consistent  with the stated objectives of both the applicable statutes and regulations and  whether the rule is designed to minimize economic impact on small businesses.(b) If the Joint Committee objects to a proposed rule, amendment to  a rule, or repeal of a rule, it shall certify the fact to the issuing  agency and include with the certification a statement of its specific  objections.(c) If within the second notice period the Joint Committee certifies its  objections to the issuing agency, then that agency shall do one of the  following within 90 days after receiving the statement of objection:(1) Modify the proposed rule, amendment, or repealer     to meet the Joint Committee's objections.(2) Withdraw the proposed rule, amendment, or     repealer in its entirety.(3) Refuse to modify or withdraw the proposed rule,     amendment, or repealer.(d) If an agency elects to modify a proposed rule, amendment, or  repealer to meet the Joint Committee's objections, it shall make  those modifications that are necessary to meet the  objections and shall resubmit the rule, amendment, or repealer to the Joint  Committee. In addition, the agency shall submit a notice of its election to  modify the proposed rule, amendment, or repealer to meet the Joint  Committee's objections to the Secretary of State, and the notice shall be  published in the first available issue of the Illinois Register, but the  agency shall not be required to conduct a public hearing. If the Joint  Committee determines that the modifications do not remedy the Joint  Committee's objections, it shall so notify the agency in writing and shall  submit a copy of that notification to the Secretary of State for  publication in the next available issue of the Illinois Register. In  addition, the Joint Committee may recommend legislative action as provided  in subsection (g) for agency refusals.(e) If an agency elects to withdraw a proposed rule,  amendment, or repealer as a result of the Joint Committee's objections,  it shall notify the Joint Committee in writing of its election and  shall submit a notice of the withdrawal to the Secretary of State.  The  notice shall be published in the next available issue of the Illinois Register.(f) Failure of an agency to respond to the Joint Committee's objections  to a proposed rule, amendment, or repealer within the time prescribed in  subsection (c) shall constitute withdrawal of the proposed rule, amendment,  or repealer in its entirety.  The Joint Committee shall submit a notice  to that effect to the Secretary of State, and the notice shall be published  in the next available issue of the Illinois Register. The Secretary of  State shall refuse to accept for filing a certified copy of the proposed  rule, amendment, or repealer under the provisions of Section 5-65.(g) If an agency refuses to modify or withdraw the proposed rule, amendment,  or repealer to remedy an objection stated by the Joint Committee,  it shall notify the Joint Committee in writing of its refusal and shall  submit a notice of refusal to the Secretary of State.  The notice shall be  published in the next available issue of the Illinois Register. If the  Joint Committee decides to recommend legislative action in response to an  agency refusal, then the Joint Committee shall have drafted and introduced  into either house of the General Assembly appropriate legislation to  implement the recommendations of the Joint Committee.(h) No rule, amendment, or repeal of a rule shall be accepted by the  Secretary of State for filing under Section 5-65, if the rulemaking is subject  to this Section, until after the agency has responded to the objections  of the Joint Committee as provided in this Section.     (Source: P.A. 90-372, eff. 7-1-98.)