Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.600 - Required Contents of Second Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Submission of Second Notice
A second notice that contains the information specified in
				subsections (1) through (14) of this subsection (a) will be accepted by the
				Joint Committee. A second notice that does not include the information required
				by this Section will not be accepted and will be returned to the agency within
				2 working days after receipt with an explanation of the reason for the
				return.
1) The name of the
			 agency.
2) The Title and Illinois
			 Administrative Code citation of the proposed rulemaking.
3) The date, issue, and page number of the
			 Illinois Register in which the first notice was published.
4) The full text and specific location of any
			 changes made in the rule during the first notice period, which shall be
			 submitted in the form specified in subsection (b) of this Section. In the event
			 that the Joint Committee cannot produce and provide a copy of the rulemaking to
			 the agency, pursuant to subsection (b)(1) below, the Joint Committee will so
			 inform the agency and the agency may submit its Second Notice version of the
			 rulemaking by one of the following methods:
A)
			 The original text of the proposed rulemaking showing the specific additions and
			 deletions which were made during the first notice period; or
B) A complete listing of all of the Sections
			 of the rulemaking which were changed, showing the exact changes which were made
			 during the first notice period; or
C) If the only changes which were made in the
			 rulemaking were those requested by the Administrative Code Division, a copy of
			 the memorandum issued by the Administrative Code Division to the agency, and a
			 statement that those changes, and only those changes will be made in the
			 adopted rule.
5) A
			 response to any recommendations made by the Administrative Code Division for
			 changes in the rules to make them comply with the codification scheme and to
			 correct errors pursuant to Section 5-80(b) of the Act, and the specific reasons
			 for agency rejection of any recommendations.
6) A statement that the rulemaking does or
			 does not include an incorporation by reference pursuant to Section 5-75 of the
			 Act, the location in the rulemaking of the incorporation, and a copy of the
			 cover page of the incorporated material and the specific material to be
			 incorporated by reference.
7) A
			 final regulatory flexibility analysis, which shall include the following:
A) asummary of the issues raised by small
			 businesses during the first notice period; and
B) adescription of actions taken on any
			 alternatives to the proposed rulemaking suggested by small businesses during
			 the first notice period, including reasons for rejecting any alternatives not
			 utilized (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS
			 100/5-40(c) ].
8) A statement of the methods used by the
			 agency to comply with Section 5-30 of the Act and Section
			 220.285
			 of this Part.
9) An evaluation of
			 all comments received by the agency concerning the proposed rulemaking during
			 the first notice period pursuant to Section 5-100(e)(2) of the Act. This
			 evaluation need not include an evaluation of any questions raised by the Joint
			 Committee. The failure of an agency to evaluate, pursuant to this Section, the
			 comments received will be deemed to be an incomplete second notice. The
			 evaluation must include the following information:
A) a list of all persons or organizations
			 making comments on the proposed rulemaking;
B) a list of specific criticisms, suggestions
			 and comments raised by interested persons, and the agency's analysis of each of
			 these criticisms, suggestions and comments;
C) any changes made to the rules by the
			 agency as a result of criticisms, suggestions and comments made by interested
			 persons; and
D) The names of all
			 the persons or organizations requesting a public hearing and the date of any
			 public hearings held on the proposed rulemaking.
10) The justification and rationale for the
			 rulemaking required by Section 5-100(e)(4) of the Act. The justification and
			 rationale shall include the following:
A)
			 citations to changes in Illinois laws that require the rulemaking;
B) explanation of changes in agency policies
			 and procedures that require the rulemaking;
C) citations to federal laws, rules or
			 regulations, or to funding requirements that require the rulemaking;
D) citations and copies of court orders or
			 decisions that require the rulemaking; and
E) A complete explanation of any other
			 reasons for the proposed rulemaking.
11) The name, address and telephone and
			 telefax numbers of the agency's representative who will respond to the Joint
			 Committee questions regarding the proposed rulemaking.
12) If requested by the Joint Committee
			 pursuant to Section
			 220.275
			 of this Part, completion of the State Mandates Act Questionnaire (Exhibit
			 A).
13) If requested by the Joint
			 Committee as provided in Section
			 220.300
			 of this Part and Section 5-100(e) of the Act, a completed analysis of the
			 economic and budgetary effects of the proposed rulemaking (Ill. Rev. Stat.
			 1991, ch. 127, par. 1005-40(c)) [5 ILCS
			 100/5-40(c) ]. The analysis shall be
			 in the form shown in Exhibit B of this Part. If the agency is unable to provide
			 any information required for the analysis, the specific reasons and
			 justification for not completing the analysis shall be included.
14) Any new or revised form referenced in a
			 proposed rulemaking if those forms are not included within that rulemaking
			 (Ill. Rev. Stat. 1991, ch. 127, par. 1005-110(i)) [5
			 ILCS 100/5-110(i) ].