Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart A - DEFINITIONS AND CODIFICATION › Section 100.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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.