reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.700 - Staff Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subsequent to
			 the acceptance of a second notice pursuant to Section
			 220.500
			 and
			 220.600
			 of this Part, the Joint Committee staff will review the proposed rulemaking,
			 including the notice and the text, pursuant to the criteria in Section
			 220.900 and
			 Section
			 220.950
			 of this Part. If requested by the Joint Committee in order to do a thorough
			 review of the rules, the agency shall be required to submit any manuals,
			 brochures, handbooks or other printed materials, or amendments to those
			 materials, used by the agency to implement the rules.
b) The staff may raise questions or problems
			 as a result of its review and will discuss these questions or problems with the
			 agency.
c) The staff will report
			 the results of its review to the Joint Committee and may develop proposals for
			 Joint Committee action for consideration by the Joint Committee. The staff may
			 propose that the Joint Committee issue an objection or recommendation, prohibit
			 filing of or suspend the rulemaking, develop legislation, take some other
			 action, or take no action. Staff proposals are advisory only and shall not
			 limit the Joint Committee's power to take some other action. The staff will
			 attempt to inform the agency of the substance of any staff proposals or
			 potential concerns of any Joint Committee member prior to the Joint Committee's
			 consideration of the proposed rulemaking at a public hearing.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.760 - Incorporation by Reference Pursuant to Section 5-75 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) An agency may
			 incorporate by reference rules, regulations, standards or guidelines ofan
			 agency of the United States ora nationallyor staterecognized organization or
			 association without publishing the incorporated material in full, provided the
			 material is made readily available for public inspection by the agency,
			 organization or association originally issuing such material (Ill. Rev. Stat.
			 1991, ch. 127, par. 1005-75) [5 ILCS
			 100/5-75 ].
b) The following requirements must be met in
			 order to incorporate material by reference pursuant to this Section:
1) theincorporated material must be fully
			 identifiedin the rulebypublisher addressand datein order to specify how a copy
			 of the material may be obtained;
2)
			 therule must state that the incorporation does not include any subsequent
			 amendments or editions;
3)
			 theagency must maintain a copy of the incorporated material and make such
			 material availablein at least one of its principal officesfor public inspection
			 or copying upon request at no more than cost (Ill. Rev. Stat. 1991, ch. 127,
			 par. 1005-75) [5 ILCS 100/5-75].
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.800 - Joint Committee Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Joint Committee will hold full and open hearings on proposed rulemakings.
			 The agenda for such hearings will be submitted for publication in the Illinois
			 Register prior to the hearing. Items not included in the published agenda may
			 also be considered by the Joint Committee. Joint Committee staff and agency
			 representatives will be allowed to testify at such hearings. Written comments
			 from members of the public will be considered in lieu of oral testimony.
			 Written comments should be submitted to:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10
			 working days prior to the hearing to insure their consideration. If requested
			 by the agency, the Joint Committee will provide a copy of such comments to the
			 agency unless the person or group requests that a copy of the comments not be
			 provided, or unless the comments were provided as part of the complaint review
			 process (1 Ill. Adm. Code 260) and disclosure was not authorized by the
			 complainant.
c) Representatives of
			 those agencies that have a rulemaking on the meeting agenda are encouraged to
			 attend in the event a member of the Joint Committee has concerns or questions
			 regarding a rulemaking.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.900 - Criteria for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Joint
			 Committee will consider these criteria in its review of proposed rulemakings:
1) Substantive
A) Does the agency have legal authority for
			 the proposed rulemaking?
B) Does
			 the proposed rulemaking comply with the statutory authority and legislative
			 intent on which it is based or that it is implementing or
			 interpreting?
C) Does the proposed
			 rulemaking comply with State and federal constitutions, State and federal law,
			 federal rules and regulations, and case law?
D) Does the proposed rulemaking include
			 standards for the exercise of discretionary authority?
E) Are the standards defined as clearly as
			 practicable under the conditions?
F) Does the agency have rulemaking
			 authority?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.950 - Filing Prohibition Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If the Joint Committee finds that the proposed rulemaking does not meet one or
			 more of the criteria in Section
			 220.900, the
			 Joint Committee will then consider the proposed rulemaking in relation to the
			 following criteria pursuant to Section 5-115(a) of the Act:
1) Does the proposed rulemaking constitute a
			 serious threat to the public interest?
A) Does
			 the proposed rulemaking contain policies that have been previously considered
			 and rejected by the General Assembly?
B) Does the proposed rulemaking
			 unconstitutionally or unlawfully discriminate against any citizen of the
			 State?
C) Does the proposed
			 rulemaking unconstitutionally or unlawfully inhibit the free exercise of the
			 rights of any citizen of the State?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1000 - Joint Committee Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Objection
1) If the Joint Committee finds
			 that the proposed rule or rulemaking does not meet one or more of the criteria
			 in Section
			 220.900 of
			 this Part, the Joint Committee shall object to the rulemaking pursuant to
			 Section 5-110 of the Act.
2) If the
			 Joint Committee objects to the proposed rule or rulemaking, it shall certify
			 that fact to the agency. Such certification will be sent to the agency in the
			 form shown in Exhibit E of this Part within 5 working days after the Joint
			 Committee hearing. The certification shall include a statement of the specific
			 objections of the Joint Committee to the proposed rule or rulemaking. The Joint
			 Committee will also send to the agency a list of the agreements reached between
			 the agency and the Joint Committee staff concerning changes to the proposed
			 rule.
3) Each statement of specific
			 objection will 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 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1100 - Adoption of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency
			 may adopt a proposed rulemaking pursuant to Section 5-65 of the Act in the
			 following circumstances:
1) The 45 day or
			 agreed upon notice period subsequent to the filing of second notice has
			 expired;
2) The agency has received
			 a Certification of No Objection; or
3) The agency has responded to a statement of
			 objection issued by the Joint Committee as required by Section
			 220.1200
			 of this Part.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1150 - Failure to Object or Issue a 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 proposed rulemaking shall not be construed to imply
				approval of the proposed 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 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1200 - Agency Response to Objection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Theagencyshall respond to an objection
			 which is issued by the Joint Committee within 90 days after receipt of the
			 statement of objection. The response shall be made in writing, in the manner
			 shown in Exhibit I of this Part, and shall be signed by the agency
			 head.
b) The agency shall respond
			 to each objection of the Joint Committee by the methods enumerated in this
			 subsection, as required by Section 5-110 of the Act.
1) Modify the proposed rulemaking to meet the
			 Joint Committee'sobjection;
2)
			 Withdraw the proposed rulemakingin its entirety; or
3) Refuse to modifyor withdrawthe proposed
			 rulemaking.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1250 - Agency Response to Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency should respond to a
			 recommendation that is 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 (agreement to modify, agreement
			 to withdraw, refusal to modify or withdraw) and rationale for the response. The
			 response should be made in the manner shown in Exhibit J of this
			 Part.
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 220 - REVIEW OF PROPOSED RULEMAKING › Section 220.1300 - 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 an
			 objection within 90 days after receipt of the objection shall constitute
			 withdrawal (5-110(f)).
b) Failure
			 of the agency to respond to a Joint Committee recommendation shall be deemed to
			 be a refusal to pursue the recommended action. If theagencyfails to remedy an
			 objection or recommendation, 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. 1005-110) [5
			 ILCS 100/5-110 ]
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit B - Agency Analysis of Economic and Budgetary Effects of Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY
				EFFECTS OF PROPOSED RULEMAKING
Click
				here to view image
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit E - Certification of Objection to Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION
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 5-110 and 5-120 of the Illinois Administrative Procedure
				Act, the Joint Committee on Administrative Rules, at its meeting on (meeting
				date), voted an Objection to the (agency name) rulemaking entitled (Heading of
				the Part, Code Citation), published in the (publication date) Illinois
				Register.
A statement of the Joint Committee's specific Objections
				accompanies this certification.
Failure to respond within 90 days after receipt of this
				Certification of Objection will constitute withdrawal of the proposed
				rulemaking in its entirety. The agency's response will be placed on the
				Committee's agenda for further consideration.
_____________________
(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 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit F - Certification of Filing Prohibition of Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF FILING PROHIBITION OF PROPOSED
				RULEMAKING
The Joint Committee on Administrative Rules hereby certifies
				that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act,
				the Joint Committee on Administrative Rules, at its meeting on (meeting date),
				prohibited the filing of (agency name) rules entitled (Heading of the Part,
				Code Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific reasons for the
				filing prohibition accompanies this certification.
The agency is prohibited from filing the rulemaking with the
				Secretary of State and from enforcing or invoking, for any reason, the
				rulemaking for at least 180 days from the date this certification and statement
				are received by the Secretary of State.
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 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit G - Certification of Withdrawal of Filing Prohibition of Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF WITHDRAWAL OF FILING
				PROHIBITION OF PROPOSED RULEMAKING
The Joint Committee on Administrative Rules hereby certifies
				that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act,
				the Joint Committee on Administrative Rules, at its meeting on (meeting date),
				has withdrawn the prohibition against the filing of rules entitled (Heading of
				the Part, Code Citation) proposed by the (agency name). The Joint Committee
				originally issued this prohibition at its (meeting date) meeting.
The agency is no longer prohibited from filing the rulemaking,
				as modified in accordance with agreements between the agency and the Joint
				Committee on Administrative Rules, with the Secretary of State and from
				enforcing or invoking the rulemaking.
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 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit H - Certification of No Objection to Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF NO OBJECTION TO PROPOSED
				RULEMAKING
This is to certify that the Joint Committee on Administrative
				Rules, at its (meeting date) meeting, considered (Heading of the Part, Code
				Citation), proposed by the (agency name) and published in the (publication
				date) issue of the Illinois Register. After consideration, and based upon the
				agreements, if any, for modification of the rulemaking made by the agency and
				attached to this document, the Committee determined that no Objection will be
				issued to the above-mentioned rulemaking.
________________________
__________________________
(Meeting Date)
(Typewritten name)
Executive Director
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit I - Agency Response to Joint Committee Objection to Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
Heading of the Part:
				_______________________________________________________
Code Citation:
				___________________________________________________________
Register Citation:
				_________________________________________________________
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 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit J - Agency Response to Joint Committee Recommendation to Proposed Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
Heading of the Part:
				_______________________________________________________
Code Citation:
				___________________________________________________________
Register Citation:
				_________________________________________________________
Agency Response to Joint Committee Recommendations:
(Respond to each specific Recommendation issued by the Joint
				Committee, indicating clearly the intended action of the agency in response to
				each Recommendation and the rationale for such response. Use additional pages
				as necessary.)
____________________________
Signature of Agency Head
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 220 - REVIEW OF PROPOSED RULEMAKING › Exhibit K - First and Second Notice Changes

Current through Register Vol. 48, No. 28, July 12, 2024
The following is an example of the form in which first and
				second notice changes shall be indicated:
FIRST [SECOND] NOTICE
				CHANGES
Agency:
Joint Committee on Administrative
				Rules
Rulemaking:
1 Ill. Adm. Code 220 (17 Ill. Reg.
				111111)
Changes:
1. In line 74, change "and page number" to
			 "
or chapter reference
".
2. In lines 76-82, change "If the only
			 changes made in the rulemaking were those requested by the Administrative Code
			 Division, a copy of the memorandum issued by the Administrative Code Division"
			 to.
3. In line 84, add "," after
			 "criticisms" and strike the comma after "suggestions".
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.100 - Basic Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The fact that
			 situations occur in which agencies must take prompt action to adopt rules is
			 recognized by the Joint Committee on Administrative Rules (Joint Committee) and
			 the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127,
			 par. 1001-1 et seq.) [5 ILCS 100 ]. In some of these instances, emergency rules
			 must be adopted under the process provided for this purpose by Section 5-45 of
			 the Act. However, the Joint Committee believes that public notice and comment
			 is an essential part of the rulemaking process, which should only be by-passed
			 for very serious reasons. The use of the emergency rulemaking process must be
			 limited to situations that reasonably constitute a threat to the public
			 interest, safety or welfare, and that require the adoption of rules upon fewer
			 days' notice than is required by Section 5-40 of the Act.
b) The Joint Committee is empowered by
			 Section 5-120 of the Act to examine any rule. The Joint Committee will review
			 each rule adopted through the use of emergency rulemaking under this power. The
			 purpose of this review is to ensure that the use of the process is limited only
			 to those situations that meet the requirements of Section 5-45 of the Act. The
			 criteria used in this review are stated in Sections
			 230.400 and
			 230.550 of
			 this Part.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.200 - 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)
			 Emergency rule means a rule adopted pursuant to the rulemaking process provided
			 in Section 5-45 of the Act.
c)
			 Emergency rulemaking means the process of adopting a rule as provided in
			 Section 5-45 of the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.300 - Staff Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Joint Committee staff will review each emergency rule and
				rulemaking, including both the notice and the text of the rule and rulemaking.
				This review will be based on the criteria in Sections
				230.400 and
				230.550 of
				this Part. The Joint Committee staff may raise questions or problems as a
				result of its review and will discuss these questions or problems with the
				agency.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.350 - Staff Report

Current through Register Vol. 48, No. 28, July 12, 2024
The staff will report the results of its review of emergency
				rules and rulemakings to the Joint Committee at the next monthly Joint
				Committee meeting, provided there are at least 20 days between the publication
				of the emergency rule and the meeting. If there are fewer than 20 days, the
				rulemaking may be scheduled for the following meeting. Staff may develop
				proposals for consideration by the Joint Committee. Staff proposals are
				advisory only and do not limit the Joint Committee's power to take some other
				action. The staff will attempt to inform the agency of the substance of the
				proposals prior to the Joint Committee's consideration of the emergency rule or
				rulemaking at a public hearing.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.375 - Joint Committee Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Joint Committee will hold full and open hearings on emergency rules and
			 rulemakings. The agenda for such hearings will be submitted for publication in
			 the Illinois Register prior to the hearing. Items not included in the published
			 agenda may also be considered by the Joint Committee. Joint Committee staff and
			 agency representatives will be allowed to testify at such hearings. Written
			 comments from members of the public will be considered in lieu of oral
			 testimony. Written comments should be submitted to the attention of the
			 Executive Director of the Joint Committee at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10
			 working days prior to the hearing in order to insure their consideration. If
			 requested by the agency, the Joint Committee will provide a copy of such
			 comments to the agency, unless the person or group requests that a copy of the
			 comments not be provided, or unless the comments were provided as part of the
			 complaint review process (1 Ill. Adm. Code 260) and disclosure was not
			 authorized by the complainant.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.400 - 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 emergency rules
			 and rulemakings:
1) Emergency
A) Does a situation exist that reasonably
			 constitutes a threat to the public interest, safety or welfare and that
			 requires adoption of the rule upon fewer days' notice than is required by
			 Section 5-40 of the Act?
B) Has the
			 agency stated clearly and completely, in writing, its reasons for finding that
			 such a situation exists?
C) Has the
			 emergency situation arisen through no fault of the agency?
D) Is the emergency rule limited to those
			 matters that are required to meet the emergency situation?
E) Has the agency taken steps to make the
			 emergency rule known to those persons who may be affected by it? Has the agency
			 stated those steps in writing?
F)
			 Has the agency not adopted the same emergency rule, or an emergency rule having
			 substantially the same purpose and effect, in the past 24 months? (This
			 provision does not apply to additions to or deletions from the Department of
			 Public Aid's Drug Manual, which are exempt from this limitation pursuant to
			 Section 5-45 of the Act.)
G) Does
			 the agency have legal authority for each portion of the emergency
			 rule?
H) Does each portion of the
			 emergency rule comply with the statutory authority and legislative intent upon
			 which it is based, or which it is implementing or interpreting?
I) Does the agency have rulemaking
			 authority?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.550 - Suspension Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Joint Committee finds that the emergency rule does not meet one or more of the
			 criteria in Section
			 230.400, the
			 Joint Committee will then consider the emergency rule in relation to the
			 following criteria pursuant to Section 5-125 of the Act:
1) Does the emergency rule represent a
			 serious threat to the public interest?
A)
			 Does the emergency rule contain policies that have been previously considered
			 and rejected by the General Assembly?
B) Does the emergency rule unconstitutionally
			 or unlawfully discriminate against any citizen of this State?
C) Does the emergency rule unconstitutionally
			 or unlawfully inhibit the free exercise of the rights of any citizen of the
			 State?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.600 - Objection; Recommendation; Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Objection
1) If the Joint Committee finds that the
			 emergency rule or rulemaking does not meet one or more of the criteria in
			 Section
			 230.400 of
			 this Part, the Joint Committee shall object to the rulemaking pursuant to
			 Section 5-120 of the Act.
2) If the
			 Joint Committee objects to the emergency rule or rulemaking, 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 Joint
			 Committee hearing. The certification shall include a statement of the specific
			 objection of the Joint Committee to the emergency rulemaking.
3) Each statement of specific objection 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 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.700 - 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 emergency 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 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.800 - Agency Response to Objection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency shall respond to an objection
			 issued 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 writing, in the manner shown in Exhibit D of this Part, and shall
			 be signed by the agency head.
b)
			 The agency shall respond to each objection of the Joint Committee by one of the
			 methods enumerated in this subsection, as required by Section 5-120 of the Act.
1) Amend the emergency rule to meet the Joint
			 Committee's objection.
2) Repeal
			 the emergency rule.
3) Refuse to
			 amend or repeal the emergency 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 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.900 - 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 this Part.
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 230 - REVIEW OF EMERGENCY RULEMAKING › Section 230.1000 - 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
			 adequately respond to an objection or recommendation, 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 230 - REVIEW OF EMERGENCY RULEMAKING › Exhibit A - Certification of Objection to Emergency or Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF OBJECTION TO [EMERGENCY OR
				PEREMPTORY] RULES
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 5-110 and 5-120 of the Illinois Administrative Procedure
				Act, the Joint Committee on Administrative Rules, at its meeting on (meeting
				date), voted an Objection to the (agency name) (emergency or peremptory) rules
				entitled (Heading of the Part, Code Citation), published in the (publication
				date) Illinois Register.
A statement of the Joint Committee's specific Objections
				accompanies this certification.
Section 5-120 of the Illinois Administrative Procedure Act
				requires the agency to respond to the Joint Committee's Objection to this rule
				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.
_____________________
(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 230 - REVIEW OF EMERGENCY RULEMAKING › Exhibit C - Certification of Suspension of Emergency or Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF SUSPENSION OF [EMERGENCY OR
				PEREMPTORY] RULES
The Joint Committee on Administrative Rules hereby certifies
				that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act,
				the Joint Committee on Administrative Rules, at its meeting on (meeting date),
				suspended the (agency name) rules entitled (Heading of the Part, Code
				Citation), published in the (publication date) Illinois Register.
A statement of the Joint Committee's specific reasons for
				suspension accompanies this certification.
The agency is prohibited from enforcing, or invoking for any
				reason, these rules which have been suspended and from filing with the
				Secretary of State any rule having substantially the same purpose and effect as
				these suspended rules for at least 180 days from the date this certification
				and statement are received by the Secretary of State.
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 230 - REVIEW OF EMERGENCY RULEMAKING › Exhibit D - Agency Response to Joint Committee Objection to Emergency or Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
Heading of the Part:
				_______________________________________________________
Code Citation:
				___________________________________________________________
Register Citation:
				_________________________________________________________
If rulemaking will be initiated, date notice of 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 230 - REVIEW OF EMERGENCY RULEMAKING › Exhibit E - Agency Response to Joint Committee Recommendation to Emergency or Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Date: ___________________________
Agency:
				________________________________________________________________
Heading of the Part:
				_______________________________________________________
Code Citation:
				___________________________________________________________
Register Citation:
				_________________________________________________________
If rulemaking will be initiated, date notice of rulemaking was,
				or is expected to be, published in the Illinois Register:
				__________________________
Agency Response to Specific Joint Committee
				Recommendations:
(Respond to each specific Recommendation issued 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 230 - REVIEW OF EMERGENCY RULEMAKING › Exhibit F - Certification of Withdrawal of Suspension of Emergency or Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF WITHDRAWAL OF SUSPENSION OF
				[EMERGENCY OR PEREMPTORY] RULES
The Joint Committee on Administrative Rules hereby certifies
				that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act,
				the Joint Committee on Administrative Rules, at its meeting on (meeting date),
				has withdrawn the suspension of rules entitled (Heading of the Part, Code
				Citation), proposed by the (agency name). The Joint Committee originally issued
				this suspension at its (meeting date) meeting.
The rule is no longer suspended and the agency is no longer
				prohibited from enforcing or envoking the rule.
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 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.100 - Basic Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The fact that
			 situations occur in which agencies are required by a federal law, federal rules
			 and regulations, collective bargaining agreements, or a court orders to take a
			 prompt action to adopt rules is recognized by the Joint Committee on
			 Administrative Rules (Joint Committee) and the Illinois Administrative
			 Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5
			 ILCS 100 ]. In some of these instances, peremptory rules must be adopted under
			 the process provided for this purpose by Section 5-50 of the Act. However, the
			 Joint Committee believes that public notice and comment is an essential part of
			 the rulemaking process, which should only be by-passed for very serious
			 reasons. The peremptory process may be used only in situations in which the
			 agency has no discretion as to the content of the rule and when the agency is
			 precluded from complying with the general rulemaking requirements of the
			 Act.
b) The Joint Committee is
			 empowered by Section 5-120 of the Act to examine any rule. The Joint Committee
			 will review each rule adopted through the use of peremptory rulemaking under
			 this power. The purpose of this review is to ensure that use of the process is
			 limited to only those situations that meet the requirements of Section 5-50 of
			 the Act. The criteria used in this review are stated in Sections
			 240.500 and
			 240.650 of
			 this Part.
c) The use of the
			 peremptory rulemaking process to implement consent decrees and other court
			 ordersadoptingsettlements negotiated by an agency is prohibited pursuant to
			 Section 5-50 of the Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.200 - 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)
			 Conditionsthatpreclude compliance with the general rulemaking requirements
			 imposed by Section 5-40 of the Act include only those conditions that make it
			 impossible to comply with the notice or hearing requirements of the Act. A
			 federal law, federal rule or regulation, or court order that merely makes it
			 more difficult to comply or prescribes the content of such rulemaking does not
			 make it impossible to comply.
c)
			 Federal rules and regulations means those rules published in the Code of
			 Federal Regulations or those rules published as adopted rules in the Federal
			 Register.
d) Peremptory rule means
			 a rule adopted pursuant to the rulemaking process provided in Section 5-50 of
			 the Act.
e) Peremptory rulemaking
			 means the process of adopting a rule as provided in Section 5-50 of the
			 Act.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.250 - State Mandates Act Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of 1 Ill. Adm. Code
				220.275
				are applicable to peremptory rules adopted pursuant to this
				Part.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.300 - Submission; Staff Review

Current through Register Vol. 48, No. 28, July 12, 2024
The agency shall submit a copy of the court order or collective
				bargaining agreement, or the specific citation to the federal law or federal
				rules or regulations that require the peremptory rulemaking to the Joint
				Committee within 30 days after the rule is required or necessary, or on or
				before the rulemaking is filed with the Administrative Code Division, whichever
				comes first. The Joint Committee staff will review the peremptory rule or
				rulemaking, including the notice and the text, pursuant to the criteria
				specified in Sections
				240.500 and
				240.650 of
				this Part. The staff may raise questions or problems as a result of its review
				of the rule or rulemaking and will discuss these questions or problems with the
				agency.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.400 - Staff Report

Current through Register Vol. 48, No. 28, July 12, 2024
The staff will report the results of its review to the Joint
				Committee at the next monthly Joint Committee meeting, provided there are at
				least 20 days between the publication of the peremptory rule and the meeting.
				If there are fewer than 20 days, the rulemaking may be scheduled for the
				following meeting. Staff may develop proposals for consideration by the Joint
				Committee. Staff proposals are advisory only and do not limit the Joint
				Committee's power to take some other action. The staff will attempt to inform
				the agency of the substance of the proposals prior to the Joint Committee's
				consideration of the peremptory rule or rulemaking at a public
				hearing.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.450 - Joint Committee Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Joint Committee will hold full and open hearings on peremptory rules and
			 rulemakings. The agenda for such hearings will be submitted for publication in
			 the Illinois Register prior to the hearing. Items not included in the published
			 agenda may also be considered by the Joint Committee. Joint Committee staff and
			 agency representatives will be allowed to testify at such hearings. Written
			 comments from members of the public will be considered in lieu of oral
			 testimony. Written comments should be submitted to the attention of the
			 Executive Director of the Joint Committee at the following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
b) Comments should be received at least 10
			 working days prior to the hearing in order to insure their consideration. If
			 requested by the agency, the Joint Committee will provide a copy of such
			 comments to the agency, unless the person or group requests that a copy of the
			 comments not be provided, or unless the comments were provided as part of the
			 complaint review process (1 Ill. Adm. Code 260) and disclosure was not
			 authorized by the complainant.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.500 - Criteria for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Joint
			 Committee will consider these criteria in its review of peremptory rules and
			 rulemakings:
1) Peremptory Rulemaking
A) Were conditions present that precluded the
			 agency from complying with the general rulemaking requirements of Section 5-40
			 of the Act?
B) Was the agency
			 required to adopt the rules as a direct result of federal law, federal rules
			 and regulations, court orders, or a collective bargaining agreement?
C) Is the peremptory rule limited to what is
			 required by the federal law, federal rules or regulations, court order or
			 collective bargaining agreement?
D)
			 Was the agency precluded from the exercise of discretion concerning the content
			 of the peremptory rule?
E) Has the
			 agency given an adequate reason for not complying with the notice and hearing
			 requirements of Section 5-40 of the Act?
F) Did the agency file the notice of
			 peremptory rulemaking with the Administrative Code Division within 30 days
			 after the change in the rules was required or necessary? Does the notice refer
			 to the federal law, federal rules or regulations, court order, or collective
			 bargaining agreement that required the peremptory rules?
G) Did the agency submit to the Joint
			 Committee, when or before the notice of peremptory rulemaking was filed with
			 the Administrative Code Division, a copy of the court order or collective
			 bargaining agreement or the specific citation to the federal law or federal
			 rules or regulations that required the peremptory rulemaking?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.650 - Suspension Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Joint Committee finds that the peremptory rule does not meet one or more of the
			 criteria in Section
			 240.500, the
			 Committee will then consider the peremptory rule in relation to the following
			 criteria pursuant to Section 5-125 of the Act:
1) Does the peremptory rule represent a
			 serious threat to the public interest?
A)
			 Does the peremptory rule contain policies that have been previously considered
			 and rejected by the General Assembly?
B) Does the peremptory rule
			 unconstitutionally or unlawfully discriminate against any citizen of the
			 State?
C) Does the peremptory rule
			 unconstitutionally or unlawfully inhibit the free exercise of the rights of any
			 citizen of the State?
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 240 - REVIEW OF PEREMPTORY RULEMAKING › Section 240.700 - Objection; Recommendation; Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Objection
1) If the Joint Committee finds that the
			 peremptory rule or rulemaking does not meet one or more of the criteria in
			 Section
			 240.500 of
			 this Part, the Joint Committee shall object to the rulemaking pursuant to
			 Section 5-120 of the Act.
2) If the
			 Joint Committee objects to the peremptory rule or rulemaking, it shall certify
			 that fact to the agency. Such certification will be sent to the agency in the
			 form shown in Exhibit A of Part 230 of the Joint Committee's rules (1 Ill. Adm.
			 Code 230.Exhibit A) within 5 working days after the Joint Committee hearing.
			 The certification shall include a statement of the specific objections of the
			 Joint Committee to the peremptory rule or rulemaking.
3) 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.