reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.800 - Failure to Object or Issue Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
The failure of the Joint Committee to issue an objection or
				recommendation to a peremptory rule or rulemaking shall not be construed to
				imply approval of the rule or rulemaking by the Joint Committee or the General
				Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS
				100/5-100 ]
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.900 - Agency Response to Objection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Theagencyshall respond to an
			 objectionissued by the Joint Committee within 90 days after receipt of the
			 statement of specific objections pursuant to Section 5-120 of the Act. The
			 response should be made, in the manner shown in Exhibit D of Part 230 of the
			 Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit D) and shall be signed by
			 the agency head.
b) The agency must
			 respond to each objection of the Joint Committee by one of the methods
			 enumerated as follows:
1) Amend the
			 peremptory rule to meet the Joint Committee's objection.
2) Repeal the peremptory rule.
3) Refuse to amend or repeal the peremptory
			 rule. A notice of refusal must also be submitted to the Administrative Code
			 Division for publication in the Illinois Register if the agency responds in
			 this manner.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.1000 - Agency Response to Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency should respond to a
			 recommendation issued by the Joint Committee within 90 days after receipt of
			 the statement of specific recommendations. The agency response should address
			 each of the specific recommendations stated by the Joint Committee and should
			 clearly state the nature of (agreement to amend, agreement to repeal, refusal
			 to amend or repeal) and rationale for the response. The response should be made
			 in the manner shown in Exhibit E of Part 230 of the Joint Committee's rules (1
			 Ill. Adm. Code 230.Exhibit E).
b)
			 The agency should respond to each Joint Committee recommendation for action in
			 one of the following ways:
1) Agree to pursue
			 the action recommended by the Joint Committee.
2) Refuse to pursue the action recommended by
			 the Joint Committee.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.1100 - Analysis of Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 the Joint Committee finds that the agency's response to an objection or
			 recommendation is not adequate, the Committee will notify the agency and submit
			 a copy of such notification to the Administrative Code Division for publication
			 in the Illinois Register. The notice will include a specific statement of the
			 reasons the Joint Committee has determined that the response to the objection
			 or recommendation is not adequate. Failure of the agency to respond to a Joint
			 Committee objection or recommendation shall be deemed to be a
			 refusal.
b) If the agency fails to
			 remedy an objection oradequately respond to arecommendation, the Joint
			 Committee may draft legislation to address the problems. Such legislation must
			 be approved by a majority vote and may be introduced in either house of the
			 General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-120) [5
			 ILCS 100/5-120 ]
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Section 245.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Act means the Illinois Administrative Procedure Act (Ill. Rev.
				Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100 ].
Administrative Code Division or Code Division means the unit of
				the Office of the Secretary of State Index Department that publishes the
				Illinois Administrative Code and the Illinois Register and with which rules are
				filed.
Agency means each type of entity enumerated in Section 1-20 of
				the Act that is authorized by law to make rules or to determine contested
				cases.
Committee means the Joint Committee on Administrative Rules,
				created by Section 5-90(a) of the Act.
Director means the Executive Director of the Joint
				Committee.
Expedited Correction means 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 and this Part.
Illinois Administrative Code means the complete text of all
				rules adopted by State agencies and filed with the Administrative Code
				Division.
Illinois Register means the weekly publication of the
				Administrative Code Division authorized by Section 5-70 of the Act.
Rulemeans each agency statement of general applicability that
				implements, applies, interprets, or prescribes law or policyand that affects
				the private rights of or procedures available to persons or entities outside
				the agency,but does not include statements concerning only the internal
				management of an agency and not affecting private rights of or procedures
				available to persons or entities outside the agency, informal advisory rulings
				issuedunderSection 5-150 of the Act, intra-agency memoranda or the prescription
				of standardized forms (Ill. Rev. Stat. 1991, ch. 127, par. 1001-70)
				[5 ILCS 100/1-70
				].
Rulemaking means the process by which agencies propose, adopt,
				amend or repeal rules pursuant to Section 5-35 of the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Section 245.110 - Expedited Corrections - Submission to Committee

Current through Register Vol. 48, No. 28, July 12, 2024
a) An agency may request the Committee to
			 issue a Certificate of Correction with respect to an adopted rule filed with
			 the Secretary of State. The certificate shall authorize changes in rule text to
			 address:
1) nonsubstantive errors, such as
			 typographical, clerical, grammatical, printing, copying, or other inadvertent
			 errors, such as omission of existing or inclusion of previously repealed
			 Illinois Administrative Code text;
2) any omissions or errors that create
			 unintentional discrepancies between adopted rule text and text previously
			 published in the Illinois Register or second notice rule text; or
3) any discrepancies between adopted rule
			 text and agreements certified by the Committee during the second notice period.
			 (Section 5-85(b) of the Act)
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Section 245.120 - Committee Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt
			 of a Request for Correction that meets the requirements of Section
			 245.110(c),
			 the Committee shall:
1) notify the agency and
			 Administrative Code Division that the Request for Correction meets the
			 requirements of Section
			 245.110(c),
			 and provide a copy of the Request for Correction to the Administrative Code
			 Division for publication in the Illinois Register;
2) review the Request;
3) question the agency if necessary;
			 and
4) recommend modifications to
			 the specific corrective language proposed by the agency, if
			 necessary.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Section 245.130 - Committee Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Certification of Correction
1) If the
			 Committee finds that a Request for Correction meets the criteria of Section
			 5-85(b) of the Act and Sections
			 245.110
			 and
			 245.140 of this
			 Part, then the Committee shall issue a Certificate of Correction in the manner
			 shown in Exhibit A of this Part. Such certification shall be mailed to the
			 agency within 5 working days following the Committee meeting. If the Committee
			 determines the Request for Correction does not meet the criteria of Section
			 5-85(b) of the Act and this Part, then the Committee shall issue a Certificate
			 of Failure to Meet the Requirements of Section 5-85(b) of the Illinois
			 Administrative Procedure Act in the manner shown in Exhibit B of this Part.
			 Such certificate shall be mailed to the Administrative Code Division within 5
			 working days following the Committee meeting.
2) The agency shall file one original and 4
			 copies of the corrective language, showing the entire text of the affected
			 Sections, for the Illinois Register and one original and 2 copies for inclusion
			 in the Administrative Code. The filing must be accompanied by the Certificate
			 of Correction.
3) Failure of the
			 Committee to issue a Certificate of Correction does not prevent an agency from
			 pursuing the proposed corrections through further rulemaking under the
			 Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Section 245.140 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies are required by Section 5-85(b) of the Act to take
				reasonable and appropriate measures to make rule corrections known to parties
				affected by the corrections. Such measures may include, but are not limited
				to:
a) issuance of press
			 releases;
b) issuance of bulletins
			 to affected trade organizations, vendors, constituency groups, etc.;
c) announcement at public hearings conducted
			 by the agency;
d) announcement in
			 agency publications, newsletters, etc.; and
e) individual contact with affected parties.
The Committee shall also include notice of an expedited
				correction in any summary of rulemaking activity that it may prepare for the
				public at large.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Exhibit A - Certificate of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATE OF CORRECTION TO ADOPTED
				RULEMAKING
This is to certify that the Joint Committee on Administrative
				Rules, at its (meeting date) meeting, considered the (agency's) request for
				correction of errors in (Heading of the Part; Code Citation) created by the
				adoption of rules at (Illinois Register citation). After consideration, the
				Joint Committee certifies that the corrective language, effective (agreed
				effective date), attached to this document meets the requirements and serves
				the purposes of Section 5-85(b) of the Illinois Administrative Procedure
				Act.
Certified (Date)
_______________________
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month),
				(Year).
_____________________
Notary Public
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 245 - EXPEDITED CORRECTIONS › Exhibit B - Certificate of Failure to Meet the Requirements of Section 5-85(b) of the Illinois Administrative Procedure Act

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATE OF FAILURE TO MEET THE REQUIREMENTS
				OF SECTION 5-85(b) OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT
This is to certify that the Joint Committee on Administrative
				Rules, at its (meeting date) meeting, considered the (agency's) request for
				correction of errors in (Heading of the Part; Code Citation) created by the
				adoption of rules at (Illinois Register citation). After consideration, the
				Joint Committee certifies that the proposed corrective language fails to meet
				the requirements of Section 5-85(b) of the Illinois Administrative Procedure
				Act.
Certified (Date)
_______________________
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (Date) day of (Month),
				(Year).
_____________________
Notary Public
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.100 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Committee will review all agency rules on a periodic basis
				by the subject of the rules. Each set of rules of each agency will be evaluated
				during the course of this review at least once every five years. This review is
				mandated by Section 5-130 of the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.200 - Relation to Other Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
The five-year review of all agency rules discussed in this Part
				is in addition to the review of proposed rules of State agencies and other
				reviews of agency rules authorized by other provisions of the
				Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.300 - Subject Categories

Current through Register Vol. 48, No. 28, July 12, 2024
To insure that the Committee reviews similar rules at the same
				time (Ill. Rev. Stat. 1991, ch. 127, par. 1005-130) [5 ILCS
				100/5-130 ], it will assign each set of rules to one
				of the categories listed in Sections
				250.400
				through
				250.800. As
				new sets of rules are adopted, they will be assigned to these categories and
				the Committee will maintain a current listing of all of the rules under each
				category.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.400 - Schedule: First Year

Current through Register Vol. 48, No. 28, July 12, 2024
In the first year of each five-year review cycle the Committee
				will review all of the rules assigned to the category of Industry and Labor,
				including:
a) Agricultural
			 Regulation
b) Business
			 Regulation
c) Consumer
			 Protection
d) Labor Laws
e) Regulation of Occupations
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.500 - Schedule: Second Year

Current through Register Vol. 48, No. 28, July 12, 2024
In the second year of each five-year review cycle, the
				Committee will review all of the rules assigned to the following
				categories:
a) Education and Cultural
			 Resources
1) Special Education
2) Vocational and Professional
			 Education
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.600 - Schedule: Third Year

Current through Register Vol. 48, No. 28, July 12, 2024
In the third year of each five-year review cycle, the Committee
				will review all of the rules assigned to the following categories:
a) Education and Cultural Resources
1) Educational Grants and Scholarship
			 Programs
2) Cultural
			 Resources
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.700 - Schedule: Fourth Year

Current through Register Vol. 48, No. 28, July 12, 2024
In the fourth year of each five-year review cycle, the
				Committee will review all of the rules assigned to the following
				categories:
a) Education and Cultural
			 Resources
1) Higher Education
2) Elementary and Secondary
			 Education
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.800 - Schedule: Fifth Year

Current through Register Vol. 48, No. 28, July 12, 2024
In the fifth year of each five-year review cycle, the Committee
				will review all of the rules assigned to the following categories:
a) Education and Cultural Resources -
			 Educational Facilities and Safety
b) Government Management
1) Organizational and Rulemaking
			 Rules
2) State Revenue
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.900 - Notice to Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
At the beginning of each year of the review, the Committee will
				notify each agency whose rules will be reviewed during that year. Such
				notification will include the following information:
a) The specific sets of rules assigned to the
			 categories that will be reviewed.
b) The time period during which the Committee
			 will be reviewing such rules.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1000 - Initial Questions

Current through Register Vol. 48, No. 28, July 12, 2024
The Committee will request the agency to submit the following
				information on each set of rules being reviewed. The agency will be allowed at
				least 60 days to submit this information.
a) A citation to the specific statute that
			 authorizes each set of rules and the specific statute that each set of rules is
			 implementing or interpreting.
b) A
			 list of the programs and organizational units of the agency that are related to
			 each set of rules.
c) An estimate
			 of the cost to the State for operation of the agency programs related to each
			 set of rules and for enforcement or monitoring of compliance with the rules. An
			 estimate of the effect of each set of rules on State revenue.
d) An estimate of the extent of compliance
			 and non-compliance by the affected public with each set of rules, and the
			 number and extent of variances permitted by the agency to each set of
			 rules.
e) Copies of all agency
			 policy and procedural manuals, guidelines or any non-rule materials followed by
			 the agency in executing its programs or activities. Copies of any related forms
			 used by the agency.
f) An estimate
			 of the economic effect on the persons and groups regulated by each set of
			 rules.
g) A discussion of the
			 public need for the regulation provided by each set of rules. This discussion
			 should include evidence of any harm that would result to the public health,
			 welfare or safety if the rules were repealed.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1100 - Staff Review

Current through Register Vol. 48, No. 28, July 12, 2024
The staff of the Committee will review each set of rules. Such
				staff review will be based on the criteria in Section
				250.1400. The
				staff may raise questions or problems as a result of its review and will
				discuss these questions or problems with the agency. The agency will be allowed
				at least 60 days to provide written responses to any questions
				raised.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1200 - Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Committee will hold one or more public hearings during the
				review of the rules in each subject to gather information and views from
				interested persons and groups, when it finds that such a hearing is necessary
				for a complete review of the rules. The Co-Chairmen of the Committee may
				designate a subcommittee for the purpose of holding such public hearings. The
				agenda of such hearings shall be published in the Illinois Register as provided
				in Section 5-90(a) of the Act. Each agency whose rules are the subject of a
				public hearing will be notified of the hearing. Testimony presented at such
				hearings will be considered by the Committee in its review of the rules
				utilizing the criteria in Section
				250.1400.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1400 - Criteria for Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Committee will consider these criteria in its review of
				each set of rules:
a) Substantive
1) Is there legal authority for the
			 rules?
2) Do the rules comply with
			 the statutory authority and legislative intent on which it is based, or which
			 it is implementing or interpreting?
3) Do the rules comply with State and federal
			 constitutions, State and federal law, and case law?
4) Do they include adequate standards for the
			 exercise of each discretionary power discussed in the rules?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1500 - Staff Report; Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
The staff will report the results of its review to the
				Committee. The staff report may include proposals for any of the types of
				action listed in Section
				250.1700.
				Staff proposals shall be only advisory to the Committee and shall not limit the
				Committee's power to take some other action. Each agency whose rules are being
				reviewed shall be given an opportunity to submit its views and comments on the
				staff report in writing prior to the hearing by the
				Committee.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1600 - Hearing on Staff Report

Current through Register Vol. 48, No. 28, July 12, 2024
The Joint Committee shall hold a hearing on each staff report.
				Such a hearing may be conducted as part of other hearings of the Committee. The
				agenda of the hearing will be published in the Register as provided in Section
				5-90(a) of the Act. At the hearing the Committee will consider the rules and
				the staff report in relation to the criteria in Section
				250.1400.
				Written or oral testimony by the agencies and testimony received at public
				hearings held as provided in Section
				250.1200 will
				also be considered.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1700 - Actions Resulting from Review

Current through Register Vol. 48, No. 28, July 12, 2024
In response to problems in the rules discovered as a result of
				its review, the Committee may take any of these types of actions:
a) Object to specific rules that were
			 reviewed. Such objections to rules shall be made as discussed in Section
			 250.1800.
b) Recommend rulemaking or other action by
			 agencies. This action may include recommending changes in the rulemaking
			 process followed by agencies or coordination of rulemaking among agencies.
			 Recommendations shall be issued as discussed in Section
			 250.2100.
c) Recommend further study of the problems by
			 a legislative committee, commission or other unit.
d) Draft specific legislation to correct the
			 problems. The proposal for legislation must be approved by a majority vote. It
			 will then be introduced in either house of the General Assembly.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1800 - Objections

Current through Register Vol. 48, No. 28, July 12, 2024
If the Committee finds that a rule or a set of rules does not
				meet one or more of the criteria in Section
				250.1400, it
				may object to the rule as provided in Section 5-120 of the Act. In five working
				days after the day of the hearing, the Committee will certify the objection to
				the agency. A statement of specific objections to the rule and the reason for
				the objection shall be included.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.1900 - Agency Response to Objection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency should respond to an objection
			 issued by the Committee within 90 days after it receives the statement of
			 specific objections. The agency response should address each of the specific
			 objections stated by the Committee. The agency response should be concise, but
			 complete, and should clearly state the nature of and the rationale for the
			 response.
b) The agency should
			 respond to an objection by the Committee in one of the following ways:
1) Amend the rule to meet the specific
			 objections stated by the Committee. The agency should take action to begin any
			 rulemaking that is part of the response.
2) Repeal the rule. The agency should state
			 the specific objections of the Committee or other reasons that are the basis of
			 the repeal. The agency should take action to begin any rulemaking that is part
			 of the response.
3) Refuse to amend
			 or repeal the rule. The agency should address its reasons for refusing to amend
			 or repeal the rule.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.2000 - Failure to Respond

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure of an
			 agency to respond to an objection to a rule within 90 days after the receipt of
			 the objection shall be deemed to be a refusal to amend or repeal the
			 rule.
b) Failure of an agency to
			 complete rulemaking started in response to an objection within 180 days after
			 the notice of the rulemaking shall be deemed to be a refusal to amend or repeal
			 the rule.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.2100 - Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
If the Committee finds that a set of rules raises problems that
				require rulemaking or some other type of action by an agency, the Committee
				will recommend such action to the agency. In five working days after the day of
				the hearing, the Committee will certify the fact of such recommendation to the
				agency. A statement of the specific recommended actions, the reasons for the
				recommendation and the date by which the agency should respond shall be
				included. The Committee will monitor whether agencies take the actions it
				recommends as a result of its review. Agencies should inform the Committee of
				actions being taken in response to such recommendations.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES › Section 250.2200 - Legislation

Current through Register Vol. 48, No. 28, July 12, 2024
If an agency refuses to remedy an objection to a rule or set of
				rules, or fails to take recommended action, the Committee may draft legislation
				to address the problems. The legislation will be approved by a majority vote.
				It will then be introduced in either house of the General
				Assembly.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 255 - DISTRIBUTION OF DATABASE INFORMATION › Section 255.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with PA 88-535, the purpose of this Part is to
				insure that the electronically stored database of the Illinois Register and the
				Illinois Administrative Code (database) is made available in an electronically
				stored medium to those who request it.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 255 - DISTRIBUTION OF DATABASE INFORMATION › Section 255.20 - Procedures and Fees for Requesting Electronically Stored Data

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Administrative Code, in its
			 entirety and by individual Titles, and the Illinois Register shall be made
			 available to the public, for a reasonable fee as established in subsection (e)
			 below, in an electronically stored medium. Updates of the Illinois
			 Administrative Code shall also be made available from time to time for a
			 reasonable fee as described in subsection (e) below.
b) All requests for electronically stored
			 database materials shall be submitted in writing to the Executive Director of
			 the Joint Committee on Administrative Rules (JCAR), at 700 Stratton Bldg.,
			 Springfield IL 62706 and shall contain the name, address and telephone number
			 of the requestor. Persons wanting further information can contact JCAR at
			 217-785-2254.
c) The Director shall
			 determine the following, depending upon the technical capabilities of the LIS
			 system, the availability of JCAR and LIS staff resources and the availability
			 of LIS computer time:
1) the extent of the
			 database materials to be released;
2) the timing of the release (i.e., the
			 materials being transferred are current as of a specified date); and
3) the electronic format and storage medium
			 of the release.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.100 - Authority and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Joint
			 Committee on Administrative Rules (Joint Committee) will review policies and
			 rules of State agencies when it receives a written complaint concerning such
			 policies or rules as provided in this Part. This review is authorized by
			 Sections 5-100 and 5-120 of the Illinois Administrative Procedure Act (Act)
			 (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-100 and 1005-120) [5 ILCS 100/5-100
			 and 5 -120] and is intended to facilitate the promotion of adequate and proper
			 rules by agencies and understanding on the part of the public respecting such
			 rules.
b) The review conducted
			 pursuant to this Part shall be considered a legislative investigation and is
			 not intended as a prerequisite to judicial relief.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The terms and
			 definitions found in 1 Ill. Adm. Code
			 210.100 are
			 incorporated into this Part.
b) For
			 the purposes of this Part, a complaint consists of any written communication
			 received by the Joint Committee that raises questions related to the criteria
			 in Section
			 260.700 of
			 this Part. Complaints may address one or more of the following:
1) An existing rule of an agency.
2) The failure of an agency to fully or
			 properly enforce its rules.
3) The
			 absence of rules required by statute or necessary for the proper conduct of an
			 agency program or function.
4) An
			 agency rule that is applied generally, but is not embodied in the rules of the
			 agency promulgated pursuant to the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.300 - Items to be Included in Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints should be sent to the Executive
			 Director at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Each complaint must include, at a minimum,
			 the following items, if applicable to the particular complaint:
1) The issues involved.
2) Names and addresses of the persons or
			 groups making the complaint.
3) The
			 agency whose rules, policies, or practices are being questioned.
4) The specific rule or set of rules
			 involved.
5) The effect of the
			 rules, policies or practices on the persons or groups making the
			 complaint.
6) Any additional facts
			 necessary to understand the issues.
7) The relationship between the issues and
			 the criteria in Section
			 260.700 of
			 this Part.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.350 - Complaints Concerning Agency Rules Not Adopted Pursuant to the Illinois Administrative Procedure Act

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Agency rules that are not adopted in accordance with the procedures set forth
			 in the Act are invalid and unenforceable. When the Joint Committee receives a
			 complaint that alleges the enforcement of a rule that is not embodied in a
			 properly promulgated rule, the Joint Committee will undertake an investigation
			 pursuant to this Part.
b) When a
			 complaint is received alleging that an agency has a rule that is not embodied
			 in properly promulgated rules, the Joint Committee will encourage the persons
			 making the complaint to petition the agency as provided in Section 5-145 of the
			 Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.400 - Staff Review

Current through Register Vol. 48, No. 28, July 12, 2024
The staff of the Joint Committee will review each complaint.
				The staff may raise questions or problems as a result of its review and will
				discuss these questions or problems with the agency. The staff review will be
				based on the criteria in Section
				260.700 of
				this Part. The staff will attempt to inform the agency of the substance of the
				complaint and any proposals for Joint Committee action prior to the Joint
				Committee hearing.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.600 - Staff Report

Current through Register Vol. 48, No. 28, July 12, 2024
The staff shall report the results of its review to the Joint
				Committee at the next monthly meeting, provided there are at least 60 days
				between receipt of the complaint and the meeting. If there are fewer than 60
				days, the rulemaking may be scheduled for the following meeting. The staff
				report will present evidence of possible problems with the rules in relation to
				the criteria in Section
				260.700 of
				this Part. The report may include proposals for action by the Joint Committee.
				Such proposals shall be advisory only and do not limit the Joint Committee's
				power to take some other action.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.650 - Joint Committee Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A complaint may be placed on the agenda of the Joint Committee
				for consideration by any member of the Committee or by the Executive Director.
				Such action will be based upon evidence of possible problems with the rules in
				relation to the criteria in Section
				260.700 of
				this Part. A complaint will not be placed on the agenda if the same issues have
				been previously considered by the Joint Committee, unless the complaint reveals
				information not available to the Joint Committee at the time the issue was
				considered and which, if available at that time, would have altered the
				outcome.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.700 - Criteria for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Joint
			 Committee will consider the following criteria in its review of a complaint
			 based upon existing rules:
1) Substantive
A) Does the agency have legal authority for
			 the rules?
B) Does the agency have
			 rulemaking authority?
C) Do the
			 rules comply with the statutory authority and legislative intent on which they
			 are based, or that they are implementing or interpreting?
D) Do the rules comply with State and federal
			 constitutions, State and federal law, federal rules and regulations, and case
			 law?
E) Do the rules include
			 standards for the exercise of discretionary authority? Are the standards
			 defined as clearly as practicable under the conditions?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.900 - Objection; Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Objection or Recommendation to Existing Rule
1) Objection
A) If the Joint Committee finds that the rule
			 does not meet one or more of the criteria in Section
			 260.700(a)
			 of this Part, the Joint Committee may object to the rule pursuant to Section
			 5-120 of the Act.
B) If the Joint
			 Committee objects to the rule, it shall certify that fact to the agency. Such
			 certification will be sent to the agency in the form shown in Exhibit A of this
			 Part within 5 working days after the objection is issued. The certification
			 shall include a statement of the specific objection of the Joint Committee to
			 the rules.
C) Each statement of
			 specific objections shall also be submitted to the Administrative Code Division
			 for publication in the next available issue of the Illinois Register.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.950 - Failure to Object or Issue Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
The failure of the Joint Committee to issue an objection or
				recommendation to an existing rule or agency rule not promulgated pursuant to
				theAct shall not be construed to imply approval of the rule or policy by the
				Joint Committee or the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par.
				1005-100) [5 ILCS
				100/5-100 ]
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.1000 - Agency Response to Objection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency shall respond to an
			 objectionissued by the Joint Committee within 90 days after receipt of the
			 statement of specific objections. (Section 5-120 of the Act) The agency
			 response shall address each of the specific objections stated by the Joint
			 Committee. The agency response shall clearly state the nature of the response
			 (agreement to amend, agreement to repeal, refusal to amend or repeal) and the
			 rationale for the response. The response should be made in the manner shown in
			 Exhibit C of this Part.
b) The
			 agency must respond to each objection of the Joint Committee in one of the
			 following ways.
1) Propose a rulemaking to
			 meet the Joint Committee's objection.
2) Discontinue the policy not in
			 rules.
3) Refuse to amend or repeal
			 the rule or policy or to propose a new rule. A notice of refusal must also be
			 submitted to the Administrative Code Division for publication in the Illinois
			 Register if the agency responds in this manner.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.1100 - Agency Response to Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency should respond to a
			 recommendation issued by the Joint Committee within 90 days after receipt of
			 the statement of specific recommendations. The agency response should address
			 each of the specific recommendations stated by the Joint Committee and should
			 clearly state the nature of (agreement or refusal) and rationale for the
			 response. The response should be made in the manner shown in Exhibit D of this
			 Part.
b) Responses should be
			 submitted to the Joint Committee, in writing, and shall be signed by the agency
			 head.
c) The failure of an agency
			 to respond to a recommendation of the Joint Committee within 90 days after
			 receipt of the recommendation shall be deemed to be a refusal.
d) The failure of an agency to complete
			 rulemaking proposed in response to a recommendation within 180 days after the
			 publication of the rulemaking shall be deemed a refusal to initiate
			 rulemaking.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Section 260.1200 - Analysis of Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 the Joint Committee finds that the agency's actions do not adequately respond
			 to an objection or recommendation, the Committee will notify the agency and
			 submit a copy of such notification to the Administrative Code Division for
			 publication in the next available issue of the Illinois Register. The notice
			 will include a specific statement of the reasons the Joint Committee has
			 determined that the response to the objection or recommendation is not
			 adequate.
b) If the agency fails to
			 adequately respond to an objection or recommendation, the Joint Committee may
			 draft legislation to address the problems. A proposal for legislation must be
			 approved by a majority vote and may be introduced in either house of the
			 General Assembly.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Exhibit A - Certification of Objection to Existing Rules or Policies

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION TO EXISTING RULES OR
				POLICIES
I, (Director's name), Executive Director of the Joint Committee
				on Administrative Rules, being first duly sworn on oath, depose and state that,
				pursuant to Sections 5-100 and 5-120 of the Illinois Administrative Procedure
				Act (Act), the Joint Committee on Administrative Rules, at its meeting on
				(meeting date), voted an Objection to the (agency name) [rules entitled
				(Heading of the Part, Code Citation) or policy administered in the absence of
				rules adopted in accordance with the Act].
A statement of the Joint Committee's specific Objections
				accompanies this certification.
Section 5-120 of the Act requires the agency to respond to the
				Joint Committee's Objections within 90 days after receipt of this Certification
				of Objection. The agency's response will be placed on the Committee's agenda
				for further consideration. Failure to respond shall constitute a refusal to
				[amend or repeal the rule; adopt appropriate rules; or refrain from
				inappropriate activities].
_____________________
(Typewritten name)
Executive Director
Subscribed and sworn to before me this (date) day of (month),
				(year).
_____________________
Notary Public
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Exhibit C - Agency Response to Joint Committee Objection to Existing Rules or Policies

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
[Heading of the Part] [Description of the Policy]:
				__________________________________
Code Citation:
				___________________________________________________________
If rulemaking will be initiated, date notice of proposed
				rulemaking was, or is expected to be, published in the Illinois Register
				____________.
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint
				Committee, indicating clearly the intended action of the agency in response to
				each Objection and the rationale for such response. Use additional pages as
				necessary.)
_______________________________
Signature of Agency Head
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 260 - COMPLAINT REVIEWS › Exhibit D - Agency Response to Joint Committee Recommendation to Existing Rules or Policies

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
[Heading of the Part] [Description of the Policy]:
				__________________________________
Code Citation:
				___________________________________________________________
If rulemaking will be initiated, date notice of proposed
				rulemaking was, or is expected to be, published in the Illinois Register:
				____________
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint
				Committee, indicating clearly the intended action of the agency in response to
				each Objection and the rationale for such response. Use additional pages as
				necessary.)
_______________________________
Signature of Agency Head
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 300 - SMALL BUSINESS IMPACT ANALYSIS PROCEDURES › Section 300.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 5-30 of the Illinois Administrative
				Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30), the Business
				Development Bureau (Bureau) of the Department of Commerce and Community Affairs
				(Department) has the responsibility of preparing an impact analysis on any
				proposed rulemaking that will have an impact on small businesses. This Part
				serves to establish guidelines that govern the Department's implementation of
				this provision of the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 300 - SMALL BUSINESS IMPACT ANALYSIS PROCEDURES › Section 300.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Impact" is the effect on small businesses resulting from
				rulemaking implemented by a state agency. This includes, but is not limited to,
				rulemaking pertaining to licensing/registration/permitting and grant/loan
				application processes.
"Interested person" is an association representing at least 100
				interested persons, the Governor, a unit of local government, or a total of 25
				or more requests from individuals.
"Issuing agency" is that agency proposing rulemaking.
"Recordkeeping" is that information which must be recorded and
				maintained by the business in order to comply with rules.
"Reporting requirement" is any information that a business must
				submit to an issuing agency or any other agency as required in the
				rules.
"Small business" is any for profit entity, independently owned
				and operated, not dominant in its field, which grosses less than four million
				dollars per year or employs fewer than fifty full-time employees. Two part-time
				employees equal one full-time employee. For purposes of a specific rule, an
				agency may define small business to include more persons if it finds that such
				a definition is necessary to adapt the rule to the needs and problems of small
				businesses and organizations. A business is considered dominant in its field if
				it is the only business in Illinois engaged in that particular
				activity.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 300 - SMALL BUSINESS IMPACT ANALYSIS PROCEDURES › Section 300.400 - Analysis Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Secretary of State shall provide the Bureau with a copy of all proposed
			 rulemakings. Whenever the Bureau believes that an analysis is warranted or
			 whenever requested to do so by the Joint Committee on Administrative Rules
			 (JCAR) or an interested person, the Bureau shall prepare an impact
			 analysis.
b) The impact analysis
			 may include information obtained from, but not limited to, the following:
1) data information services;
2) business associations;
3) business community;
4) meetings or hearings held by others
			 regarding proposed rulemaking;
5)
			 technical specialists in the appropriate field; and
6) issuing agency.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 75 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION › Subpart A - PUBLIC INFORMATION › Section 75.10 - Agenda

Current through Register Vol. 48, No. 28, July 12, 2024
The agenda of hearings held by the Joint Committee on
				  Administrative Rules, and all statements of objection to proposed rules and to
				  existing rules issued by the Joint Committee are published in the Illinois
				  Register as provided in Sections 7.02(c), 7.06 and 7.07 of the Illinois
				  Administrative Procedure Act (Ill. Rev. Stat. 1977, ch. 127, pars. 1007.02(c),
				  1007.06 and 1007.07 ) and the Rulemaking Procedures for Codification (1 Ill.
				  Adm. Code 100) as adopted by the Secretary of State.