reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart C - RULE DRAFTING REQUIREMENTS › Section 100.380 - Statutory Language and Statutory Citations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rules shall not unnecessarily repeat
				statutory language. Whenever it is necessary to repeat or paraphrase statutory
				language in a rule, it shall appear in distinguishing type. Italic type is
				expressly reserved for statutory language.
b) If it is necessary for an agency to use a
				type other than italic for statutory language, a statement as to what type is
				used must be made immediately after the main source note. Underscoring is not
				considered to be distinguishing type because it is expressly reserved for added
				language in rules published in the Illinois Register.
c) Citations to statutes must be included
				immediately after the quotation or paraphrase as specified in Section
				100.385.
				However, in the event that the Section of the Act being quoted has already been
				cited earlier in the Part, the agency shall only specify the Section and the
				title of the Act in which the quotation appears.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart C - RULE DRAFTING REQUIREMENTS › Section 100.385 - Incorporation by Reference; Citation of Referenced Material

Current through Register Vol. 48, No. 28, July 12, 2024
a) An agency may incorporate by reference
				standards, regulations or rules of an agency of the United States or of a
				nationallyor staterecognized organization or association, pursuant to Section
				5-75 of the IAPA.
1) The material being
				incorporated by reference must be identified by location and date and must
				state that no later editions or amendments are included.
2) The agency shall maintain in its principal
				office a copy of the full text of adopted rules including standards or rules
				incorporated by reference.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart C - RULE DRAFTING REQUIREMENTS › Section 100.390 - Footnotes; Agency Notes; Editor's Notes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Footnotes
An agency may include with its rules, as footnotes, the
				  citations and brief digests of court cases and Attorney General's opinions.
				  Footnotes shall be numbered in sequence, and the text of such footnotes shall
				  be at the bottom of the same page where the footnotes appear in the text of the
				  rule. Footnotes shall be the only notes allowed to be numbered in this
				  manner.
b) Agency notes
Occasionally an agency may need to explain something within
				  the text of its rules; such explanation may not fit the normal format for
				  codification. In such instances, an agency note may appear. The use of agency
				  notes is discouraged. If the use of such a note is necessary, the agency shall
				  contact the Index Department for the proper procedure prior to proposing rules
				  or amendments, or prior to adopting emergency or peremptory rules or
				  amendments, containing agency notes, since agency notes may take several forms.
				  In addition, agency notes shall fit within the margin requirements of the
				  subsections to which they refer, and shall not be labeled except by "Agency
				  Note" unless otherwise authorized by the Index Department, and shall not
				  contain either subsections or lettered or numbered phrases. Any agency notes
				  included in an agency's rules are considered part of the rule and must be
				  adopted, amended, or repealed in the same manner as the rules.
c) Editor's notes
Occasionally, in codification, the Administrative Code
				  Division may add an editor's note which cross references the rules of two or
				  more agencies, explains a particular way the rule was codified or explains
				  Administrative Code database style. The Index Department is the only agency
				  allowed to add editor's notes to a rule since the Department is the Editor of
				  the Illinois Administrative Code. Such notes are not part of the rule but are
				  used solely for informational purposes to aid the reader.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.400 - Required Notice Periods

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				There are two notice periods required in rulemaking, pursuant to Section 5-40
				of the IAPA:
1) The first notice period is at
				least 45 days in length from the date the proposed rules appear in the Illinois
				Register. During this first notice period, the agency must allow interested
				persons who submit a request to comment during the first 14 days of the notice
				period reasonable opportunity to comment on the proposed rule. Request to
				comment may be submitted either orally or in writing at the agency's
				discretion. If a public hearing is to be held on the proposed rule, and notice
				of such does not appear on the Notice of Proposed Rules (Amendments, Repealers)
				published in the Register, the agency may submit a Notice of Public Hearing on
				Proposed Rules for Register publication. (See 100.Appendix A, Illustration E)
				This Notice must meet the publication requirements outlined in Section
				100.220.
2) The second notice period begins on the day
				JCAR receives written notice from the agency and expires 45 days later unless,
				prior to that time, the agency and JCAR have agreed to extend the second notice
				period beyond 45 days for a period not to exceed an additional 45 days or the
				agency receives either a statement of objection from JCAR or notification that
				no objection will be raised. (See 1 Ill. Adm. Code 220 for information on
				submitting rules to JCAR for the second notice period.)
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.415 - Other Statutory Requirements for Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
The following are statutory requirements for
				  rulemaking:
a) Regulatory Flexibility
1) During the first notice period specified
				in Section
				100.400,
				and pursuant to Section 5-30(c) of the IAPA, the Secretary of State shall
				provide to the Department of Commerce and Community Affairs a copy of any
				proposed rules or amendments accepted for publication.
2) Prior to or during the first notice
				period, if the agency or the Department of Commerce and Community Affairs
				determines that there is an impact on small businesses, not for profit
				corporations or small municipalities the agency shall provide additional
				notices to the impacted entities by using one or more of the following,
				pursuant to Section 5-30(b) of the Act:
A)
				The inclusion in any advance notice of possible rulemakingofa statement that
				the rule may have an impact on small businesses, not for profit corporations,
				or small municipalities.
B) The
				publication of a notice of rulemaking in publications likely to be obtained by
				small businesses, not for profit corporations, or small
				municipalities.
C) The direct
				notification of interested small businesses, not for profit corporations, or
				small municipalities.
D) The
				conduct of public hearings concerning the impact of the rule on small
				businesses, not for profit corporations, or small municipalities.
E) The use of special hearing or comment
				procedures to reduce the cost or complexity of participation in the rulemaking
				by small businesses, not for profit corporations, or small
				municipalities.
3)
				During the first notice period, the Department of Commerce and Community
				Affairs, if it determines that the rulemaking will have an impact on small
				businesses, may complete a Regulatory Flexibility Notice to be published in the
				Illinois Register.
4) Pursuant to
				Section 5-30 of the IAPA, the agency shall consider the impact of the
				rulemaking on small businesses, not for profit corporations, or small
				municipalities, using as guidelines Section 5-30(a)(1) through (5) of the
				IAPA.
5) Agencies shall include the
				initial regulatory flexibility analysis on the Notice of Proposed Rules
				(Amendments, Repealers) for Illinois Register publication and a final
				regulatory flexibility analysis when submitting the proposed rule(s) to JCAR
				for the second notice period. If an agency determines that its rulemaking does
				not affect small businesses, not for profit corporations or small
				municipalities, it shall so state on the Notice of Proposed Rules (Amendments,
				Repealer). The term "n/a" shall not be accepted.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.430 - Notice of Corrections

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department shall, at the agency's request, publish
				  Notices of Corrections in the Register. Such Notices shall be prepared by the
				  agency. Please refer to Section
				  100.240
				  and
				  100.250 for
				  further information concerning Notices of Corrections.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.445 - Requirements for Submitting Materials for Register Publication

Current through Register Vol. 48, No. 28, July 12, 2024
a) All materials
				submitted for publication must meet the requirements specified in Section
				100.220.
b) All materials submitted for publication
				must be accompanied by a cover letter. (See Section
				100.225 ).
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.450 - Index Department Review of Proposed Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Index Department staff will review all
				proposed rules to ensure that publication requirements as outlined in this Part
				have been met. If corrections are necessary to produce the Register from the
				Legislative Information System (LIS) database, the Index Department staff will
				notify the agency. The proposed rules, amendments or repealer will be published
				in the Register when the material is correct. Agencies shall submit the
				following:
1) One text version of the rules in
				ASCII format or an acceptable word processing program on a 31/2 inch disc. The
				disc shall be labeled with the proper code citation.
2) One original and two paper copies of the
				required Notice Page and rulemaking text. The two paper copies shall be
				identically compiled and stapled.
3) A cover letter.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart E - ADOPTED RULES › Section 100.500 - Requirements for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				rules, amendments or repealers shall be typewritten (or produced on word
				processing or computer equipment) on plain 81/2 x 11 inch, three-hole punched
				loose-leaf white paper, suitable for being placed in a standard loose-leaf
				binder for paper that size. One original and two copies shall be filed. There
				shall be margins of one inch at the top and on each edge of the page and only
				one side of the paper shall be used. (See 100.Appendix B, Illustration D) All
				copies submitted shall not be stapled together.
b) Rules to be placed on file shall be titled
				ILLINOIS ADMINISTRATIVE CODE preceded by the appropriate Chapter number
				followed by the General Act number, centered on a solid line exactly one inch
				from the top of the page. The acronym for the State agency shall appear at the
				far left on the header line. On the right hand side of the solid line shall be
				the appropriate Part or Section number. Each Section shall begin on a new
				page.
c) The name of the agency
				shall appear two spaces below the page header only on the first of the file
				pages.
d) The Chapter and its
				heading, the Section number and its heading or the text of the Section if the
				Section is longer than one page shall be located at least 2 inches from the top
				of the page to allow for the Code page header. (See subsection (b)
				above)
e) When a Section of a Part
				or a whole Part is repealed or renumbered so that no text remains, a
				replacement page must be filed: for that Section, when only one Section is
				involved; or for each Section, when more than one Section is involved; or for
				the Part, when a Part is totally repealed or renumbered. These replacement
				pages will carry the Code heading as specified in subsections (b) and (c)
				above, as well as the following information:
1) For Sections which have been repealed and
				no text remains:
A) The Section number, the
				heading and the word "(Repealed)";
B) A Section source note containing the
				Register citation for the repeal.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart E - ADOPTED RULES › Section 100.510 - Other Documents Required for Filing Adopted Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each adopted rule submitted by an agency
				to the Code Division for filing and publication shall be accompanied by the
				following:
1) An agency certification (See
				100.Appendix B, Illustration C);
2)
				A JCAR Certification of No Objection issued on the rules, or, if JCAR has
				issued an objection, the agency's response to such objection (see Section
				100.440
				and 100.Appendix A, Illustration C) and the JCAR certification that the agency
				has responded to the objection unless the rules are statutorily exempt from
				JCAR review;
3) A cover letter (See
				Section
				100.225 );
4) A written copy of the JCAR-agency
				agreements (See definition of "Agreements" in Section
				100.110 ) issued on
				the rulemaking resulting from the meeting between JCAR and the
				agency.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart E - ADOPTED RULES › Section 100.520 - Requirements for Illinois Register Publication

Current through Register Vol. 48, No. 28, July 12, 2024
An agency submitting adopted rules, amendments or repealers
				  for Illinois Register publication shall follow the procedures outlined in
				  Section 100.Subpart B.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart E - ADOPTED RULES › Section 100.545 - Index Department Review of Adopted Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department staff will review all adopted rules,
				  amendments and repealers for publication, filing, and codification requirements
				  upon the agency's submission of the material to the Index Department following
				  the end of the second notice period. The Register and file versions will be
				  checked for compliance with this Part. Agencies shall submit the
				  following:
a) One acceptable word
				processing version of the Notice of Adopted Rules on a 31/2 inch
				disc.
b) One original and two
				copies of the Register pages correctly collated and stapled with the Notice
				preceding the text.
c) The original
				and two copies of the file pages that are all three-hole punched, not stapled
				and printed on one side of the page, with the agency certification preceding
				the files pages.
d) The JCAR
				Certification of No Objection or, if JCAR has issued an objection, the agency's
				response to the objection in proper format pursuant to this Part.
e) A copy of the JCAR agreements issued on
				the rulemaking resulting from JCAR review of the rulemaking and the
				agency.
f) A cover letter
				describing the material being submitted.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart E - ADOPTED RULES › Section 100.550 - Certificate of Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Following the expiration of the second notice period, the agency shall submit a
				copy of both the Register and file copies of the final version of the rule for
				review by the Index Department at least five (5) working days prior to the date
				the agency wishes to adopt, amend or repeal the rule. The Index Department will
				sign the Certificate of Review and Approval (100.Appendix B, Illustration C)
				when the material to be adopted meets the codification, filing and Register
				publication requirements outlined in this Part.
b) The agency should, prior to submitting
				adopted rules for final review, check the text of the rules or amendments to
				ensure the inclusion of all agreements for changes made with JCAR (see
				definition of "Agreements," Section
				100.110 ) and that
				the Administrative Code computer data base version is correct, and that all
				Administrative Code requirements have been met. If the agency determines that
				all material is correct, it shall so specify on the Notice of Adopted Rules
				(Amendments Repealer).
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.600 - Filing; Agency Certification

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency rules shall be filed with the Index Department as
				  provided in this Subpart, Sections
				  100.220,
				  100.500,
				  100.510,
				  and
				  100.540 of
				  this Part and Section 5-45 of the IAPA. When an agency files an emergency rule,
				  a situation must exist which the agency finds reasonably constitutes a threat
				  to the public interest, safety or welfare. Accompanying the emergency rules
				  must be:
a) a certification of the
				emergency rules as shown in 100.Appendix C, Illustration C. This certification
				must specify the reason for the emergency, and
b) a cover letter specifying the material
				being submitted and the reason for submission (filing, Register publication,
				review, etc.).
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.610 - Notice of Emergency Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				emergency rule submitted for publication in the Illinois Register shall include
				a Notice of Emergency Rules (Amendments, Repealers) (see 100.Appendix C,
				Illustration A) at the beginning of which the information listed in subsections
				(a)(1) through (12) below shall appear. On the next page, the full text of the
				rules, amendments, or repealer and, if the rulemaking amends or repeals an
				existing Part, the text shall appear as it is on file in the Index Department
				with all changes indicated by strike-outs and/or underscoring.
1) The heading of the Part;
2) The Code citation (include only the
				Chapter number, the Code abbreviation, General Act number followed by a colon
				and the Part number);
3) Section
				Numbers Proposed Action
(list in numerical order) (new Section, amendment,
(include supplementary material) repeal, renumber,
				  etc.)
4) The specific
				statutory citation upon which the rule is based and authorized;
5) The effective date of the rule
				(immediately or less than 10 days after filing);
6) If this emergency rule is to expire before
				the end of the 150-day period (other than by means of adopting the rule through
				the general rulemaking process), please specify the date;
7) Date filed with the Index
				Department;
8) A statement that a
				copy of the emergency rule, amendment, or repealer, including any material
				incorporated by reference, is on file in the agency's principal office and is
				available for public inspection;
9)
				The reason for the emergency;
10) A
				complete description of the subjects and issues involved;
11) Whether there are any proposed amendments
				pending on this Part other than those appearing in the same issue of the
				Register as the emergency rules. If so, please specify Section numbers, the
				proposed action and the Register citation to the Notice of Proposed
				Rules;
12) A Statement of Statewide
				Policy Objectives, if applicable (see also Sections
				100.110 and
				100.415(b)
				);
13) The name, address and
				telephone number of the person to whom information and questions regarding this
				adopted rule shall be directed.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.630 - File Copy of Emergency Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Each emergency rule submitted for filing shall follow the
				  procedures for adopted rules as specified in Sections
				  100.500
				  and
				  100.510;
				  however, immediately under the Section number of each affected Section shall be
				  the word EMERGENCY in both the table of contents and the
				  text.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.640 - Effectiveness

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				Section 5-45 of the IAPA, an emergency rule may be in effect for not longer
				than 150 days. No emergency rule may be adopted more than once in any 24-month
				period except as noted in Section 5-45 of the Act.
1) If the agency involved does not adopt,
				amend, or repeal, the rule through the general rulemaking process during the
				150-day period, the rule shall automatically expire at the end of the
				period.
2) If the agency adopts the
				rule through the general rulemaking process prior to the expiration of the
				150-day period, the permanently adopted rule will automatically replace the
				emergency rule.
3) If the emergency
				is due to expire before the expiration of the 150-day period (other than by
				means of adopting the rule through the general rulemaking process), the date on
				which the emergency rule is to expire shall be shown on the Notice of Emergency
				Rules (Amendments, Repealer).
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.650 - Adoption as a Permanent Rule

Current through Register Vol. 48, No. 28, July 12, 2024
An agency may adopt an emergency rule pursuant to Section
				  5-45 of the Act while simultaneously proposing the rule for permanent adoption.
				  This proposed rule is subject to the general rulemaking procedures as outlined
				  in this Part. If the emergency and the proposed rule are identical and appear
				  in the same issue of the Register, the text of the rule need only be printed
				  once. If the proposed rule and the emergency rule are not identical, the text
				  of both rules must be published in the Register. If the emergency rule and the
				  proposed rule appear in different issues of the Register, whether or not the
				  rules are identical, the full text of each rule must be printed in the
				  Register.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.655 - Index Department Review of Emergency Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department will review emergency rules (amendments,
				  repealer) in accordance with the specifications listed in Section
				  100.545
				  with the following addition: The word EMERGENCY must appear immediately under
				  the Section number of each Section affected both in the Part's table of
				  contents and in the text both for the Register version and the
				  file.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.660 - Certificate of Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency rules should be submitted to the Index Department
				  for review five (5) working days prior to the date the emergency rule is to
				  take effect. If time requires, however, the emergency rule may be filed and
				  published to become effective immediately without the Certificate of Review and
				  Approval provided it meets the filing and publication requirements of this
				  Part. If the filing and/or publication requirements as outlined in this Part
				  have not been met, the material cannot be published until the appropriate
				  corrections have been made and the material has been re-submitted to the Index
				  Department. These codification changes shall affect neither the validity of the
				  rule nor its effective date. When the rule meets the rulemaking requirements
				  outlined in this Part, the Index Department will sign its Certificate of Review
				  and Approval.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.670 - Modification of an Emergency Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				To modify an emergency rule in response to an objection issued by JCAR, the
				agency must submit to the Index Department one ASCII format file or an
				acceptable word processing program on a 31/2 inch disc, one original and two
				paper copies of a Notice of Modification of Emergency Rules (Amendments,
				Repealer) in Response to a JCAR Objection which indicates the following:
1) The heading of the Part;
2) The Code citation;
3) Section numbers;
4) Illinois Register citation to the Notice
				of Emergency Rules (Amendments, Repealer);
5) Illinois Register citation to the JCAR
				Statement of Objection;
6) The
				effective date of the emergency rulemaking;
7) The date the modified rules were filed in
				the Code Division;
8) The specific
				modifications being made; and
9)
				The full text of the Sections being modified showing by strike-outs and
				underscoring the changes being made.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart F - EMERGENCY RULES › Section 100.680 - Repeal of an Emergency Rule

Current through Register Vol. 48, No. 28, July 12, 2024
If an emergency rule must be repealed before the end of the
				  150 day period (other than by means of a specified expiration date specified on
				  the original Notice of Emergency Rules (Amendments, Repealer), the repeal must
				  be an emergency repeal even if done in response to a JCAR objection. Any rules
				  which have been adopted and filed in the Index Department may not be
				  withdrawn.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.700 - Submission; Agency Certification

Current through Register Vol. 48, No. 28, July 12, 2024
If an agency is required by federal law, federal rules or a
				  court order to adopt a rule, an amendment to a rule or a repealer under
				  conditions which preclude it from complying with thegeneralrulemaking
				  procedures as outlined in this Part and Section 5-50 of the IAPA, the agency
				  shall submit file copies of the rule according to Sections
				  100.500,
				  100.510(a)
				  and (c) and
				  100.540 and
				  publication copies of the rule according to Section
				  100.220
				  within thirty (30) days after a change in the rules is required. A
				  certification of the peremptory rules in the form as shown in 100.Appendix D,
				  Illustration C shall accompany the rule. A cover letter describing all
				  materials submitted shall also accompany the rules.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.710 - Notice of Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				peremptory rule submitted for Register publication shall include a Notice of
				Peremptory Rules (Amendments, Repealers) (see 100.Appendix D, Illustration A)
				at the beginning of which shall appear the information listed in subsections
				(a)(1) through (13) below. On the next page shall appear the full text of the
				rules and, if the peremptory rulemaking is an amendment to or repeal of an
				existing Part, the text as it is on file in the Code Division with all changes
				shown by strike-outs and/or underscoring.
1)
				Heading of the Part;
2) Code
				Citation (include only the Chapter number, the Code abbreviation, General Act
				number followed by a colon and the Part number);
3) Section Numbers Proposed Action
(list in numerical order (new Section, amendment,
				  repeal,
(include supplementary material renumber, etc.)
4) Reference to the appropriate
				State or federal court order, federal law, federal rule, or collective
				bargaining agreement and the agency's reason for peremptory
				rulemaking;
5) Statutory
				authority;
6) Effective
				date;
7) A complete description of
				the subjects and issues involved;
8) Whether the rule contains an automatic
				repeal date;
9) Date filed with the
				Index Department;
10) A statement
				that a copy of the peremptory rule, amendment, or repealer, including any
				material incorporated by reference, is on file in the agency's principal office
				and is available for public inspection;
11) A statement that the rule is filed in
				compliance with Section 5-50 of the Act;
12) Whether there are any proposed amendments
				pending on this Part other than those appearing in the same issue of the
				Register as this peremptory rulemaking. If so, please specify Section numbers,
				the proposed action, and the Register citation to the Notice of Proposed
				Rules;
13) A Statement of Statewide
				Policy Objectives (if applicable) (see Sections
				100.110 and
				100.415(b)
				); and
14) The name, address and
				telephone number of the person to whom information and questions concerning
				this peremptory rule shall be directed.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.720 - Text of Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The text of peremptory rules submitted for Register
				  publication shall begin on the next page following the last line of the
				  information required by Appendix D, Illustration A and shall include:
a) If the peremptory rule is a new Part: the
				full text of the Part including the headings, the complete table of contents,
				the authority note, and the main source note.
b) If the peremptory rule is a new Section(s)
				to a Part with no other changes being made to the Part: the full text of the
				affected Section(s) including the headings, the complete table of contents, the
				authority note, and the main source note for the Part. The table of contents
				shall indicate by underscoring the Section(s) being added. Subparts and their
				headings should appear in the text so that the public has a better
				understanding of how the new Section relates to the Part as a whole. The
				affected Sections shall include appropriate Section source notes. (See Section
				100.330 )
c) If the peremptory rule is an amendment to
				a Part (new Sections, changed language in existing Sections or the repeal of
				Sections): the full text of the Sections affected including the headings, the
				complete table of contents, the authority note, and the main source note for
				the Part. the text shall indicate peremptory changes by appropriate strike-outs
				and/or underscoring. Subparts and their headings should appear in the text so
				that the public has a better understanding of how the amendment relates to the
				Part as a whole. If Sections are being renumbered, this action must appear both
				in the table of contents and in the text of the peremptory amendment. The
				Section(s) shall contain the appropriate Section source note(s). (See Section
				100.330) For Sections being repealed, the word (Repealed) shall appear
				immediately after the Section heading in both the table of contents and the
				text. For Sections being renumbered, the word (Renumbered) shall appear
				immediately after the Section heading in the table of contents and the
				text.
d) If the peremptory rule is
				a repealer of a Part: the full text of the Part including the headings, the
				complete table of contents, the authority note, and the main source
				note.
e) If the peremptory rule is
				a repealer of a Section of a Part with no other changes being made to the Part:
				the full text of the Section including the headings, the complete table of
				contents, the authority note, and the main source note for the Part. The word
				(Repealed) shall immediately follow the Section heading of each Section being
				repealed both in the table of contents and the text. Subparts and their
				headings should appear in the text so that the public has a better
				understanding of how the repealed Section relates to the Part as a whole.
				Affected Sections must contain appropriate Section source notes.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.730 - File Copy of Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Peremptory rules submitted for filing with the Secretary of
				  State shall follow the procedures as outlined in Sections
				  100.500
				  and
				  100.510.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.735 - Index Department Review of Peremptory Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department will review peremptory rules
				  (amendments, repealer) in accordance with the specifications listed in Section
				  100.545.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart G - PEREMPTORY RULES › Section 100.740 - Certificate of Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies should submit peremptory rules to the Index
				  Department for review at least five (5) working days before the rules are to
				  become effective. If time requires, however, a peremptory rule will be filed
				  and published to become effective immediately without the Certificate of Review
				  and Approval provided it meets the filing and publication requirements of this
				  Part. If the material being submitted does not meet the filing and/or
				  publication requirements as outlined in this Part, the material will be
				  returned to the agency for corrections prior to being accepted for filing
				  publication. When the Part meets the codification requirements outlined in this
				  Part, the Index Department will sign the Certificate of Review and Approval.
				  See Section
				  100.550
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart H - INTERNAL RULES › Section 100.800 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each agency
				shall adopt rules on the following pursuant to Section 5-15 of the Act:
1) a description of the current organization
				of the agency including charts of such organization;
2) procedures on public access to subjects,
				programs, and activities of the agency;
3) tables of contents, indexes, reference
				tables, and other materials to aid users in finding and using the agency's
				collection of rules currently in force;
4) the rulemaking procedures of the agency
				including any flow charts depicting such;
5) a location for public inspection of
				incorporated reference materials.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart H - INTERNAL RULES › Section 100.810 - Effectiveness; Exemption from Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Rules filed pursuant to this Subpart become effective upon
				  filing with the Index Department, and may be adopted, amended, or repealed
				  without the Notice of Proposed Rules (Amendments, Repealer). Agencies shall
				  submit a copy of both the Register version and the file version for review five
				  (5) working days prior to the date the rules are to become effective. The file
				  copy of such rules shall be as specified in Section
				  100.500.
				  A Notice of Adopted Rules (Amendments, Repealer) and the text of the rules
				  shall be submitted by the agency for publication in the Illinois Register as
				  outlined in Sections
				  100.530
				  and
				  100.540.
				  The agency shall also submit an agency certification of the rules as
				  illustrated in 100.Appendix B, Illustration C and those documents specified in
				  Section
				  100.510(a).
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart H - INTERNAL RULES › Section 100.815 - Index Department Review of Internal Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department will review all internal rules
				  (amendments, repealers) for compliance with the filing, codification, and
				  publication requirements pursuant to Section
				  100.545.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart H - INTERNAL RULES › Section 100.820 - Certificate of Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Each internal rule submitted to the Index Department for
				  filing and for Register publication shall be issued the signed Certificate of
				  Review and Approval (100.Appendix B, Illustration C), indicating that the
				  codification, filing, and publication requirements outlined in this Part have
				  been met. (See Sections
				  100.450
				  and
				  100.550
				  )
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart I - PROHIBITED FILING › Section 100.900 - Certified Statements from Joint Committee on Administrative Rules

Current through Register Vol. 48, No. 28, July 12, 2024
If JCAR prohibits the filing of a proposed rule or suspends
				  an emergency or peremptory rule, pursuant to Sections 5-115 and 5-125 of the
				  Act, it shall submit a certified statement prohibiting the rulemaking to the
				  Index Department. The certified statement shall be in accordance with Illinois
				  Register publication requirements as outlined in Section
				  100.220
				  of this Part.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart I - PROHIBITED FILING › Section 100.910 - Prohibition of the Filing of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proposed rules shall not be filed by the Secretary of State for at least 180
				days after receipt of the certified statement from JCAR prohibiting the filing.
				The effectiveness of emergency or peremptory rules shall be suspended for at
				least 180 days following the receipt by the Secretary of State of the certified
				statement from JCAR. During this 180-day period, the agency may not file, and
				the Secretary of State shall not accept, any rule having substantially the same
				purpose and effect as the suspended rules. (Sections 5-115 and 5-125 of the
				Act)
b) The Secretary of State will
				indicate prominently on the face of the affected rule such suspension for
				emergency and peremptory rules. (Section 5-115 of the Act)
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart I - PROHIBITED FILING › Section 100.920 - Continuation of Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
Passage of a joint resolution by the General Assembly to
				  continue the prohibition (within the 180-day period) shall have the effect of
				  permanently prohibiting the agency from filing the proposed rule(s). In the
				  event of emergency or peremptory rule(s), the rule(s) shall be immediately
				  repealed. The Secretary of State shall remove prohibited rules(s) from its
				  collection of current rules. (Sections 5-115 and 5-125 of the
				  Act)
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart J - PUBLIC INSPECTION AND COPYING › Section 100.1000 - Certified Rules; Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
As specified by Section 5-65 of the IAPA, each agency is
				  required to file both in the Office of the Secretary of State and the agency's
				  principal office a certified copy of all rules adopted by the agency including
				  any amendments to or repeal of such rules or portions thereof. Both the Index
				  Department and the agency shall keep a permanent register of the rules which
				  shall be open to public inspection.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart J - PUBLIC INSPECTION AND COPYING › Section 100.1010 - Photocopies and Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department shall provide a copy of any rule,
				  including a certification thereof when requested, to the public upon request,
				  either in person or in writing, such copies being subject to fees according to
				  Ill. Rev. Stat. 1991, ch. 53, par. 24 [5 ILCS 290/10 ].
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart J - PUBLIC INSPECTION AND COPYING › Section 100.1020 - Illinois Administrative Code

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Administrative Code provides public access to
				  all the rules of the state's agencies on file with the Office of Secretary of
				  State. The Index Department will publish an annual Code. The Illinois Register
				  serves as the weekly supplement to the Illinois Administrative
				  Code.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart J - PUBLIC INSPECTION AND COPYING › Section 100.1025 - Public Domain

Current through Register Vol. 48, No. 28, July 12, 2024
The codification system, the indexes, tables and other aids
				  for locating rules prepared by the Secretary of State, notes, and other
				  materials developed under this Section in connection with the publication of
				  the Illinois Administrative Code and Illinois Register shall be the official
				  compilation of the administrative rules of Illinois and shall be entirely in
				  the public domain for purposes of federal copyright law. (Sec. 5-80 of the
				  Act.)
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1100 - Recodification of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
When an agency or the Index Department determines that, for
				  public information and understanding or for better coordination of its rules,
				  recodification is necessary, it shall follow the procedures as outlined in
				  Section
				  100.1110.
				  Parts or Sections thereof shall be recodified when:
a) an entire Part is being
				renumbered;
b) more than 6 Sections
				of a Part are being renumbered;
c)
				one or more Sections are being split into two or more Sections;
d) two or more Sections are being combined
				into one Section;
e) one or more
				Sections of a Part are being renumbered so that the numerical list of the
				Sections and/or alphabetical list of the Subparts in which they appear falls
				out of order;
f) Subparts are being
				changed;
g) Agency names are being
				changed;
h) Title numbers or
				headings are being changed;
i)
				General Act numbers are being changed.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1110 - Notice of Recodification

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				agency recodifying its existing rules with no substantive changes is exempt
				from the notice requirements of Section 5-40 of the IAPA and from the
				publication of the full text of the rules. However, the agency shall be
				required to submit a Notice of Recodification (see 100.Appendix E, Illustration
				A) for publication in the Illinois Register. Such Notice shall contain the
				following information:
1) The heading of the
				Part;
2) The Code
				citation;
3) The date of Index
				Department review;
4) The current
				headings and numbers of the rules being recodified;
5) The outline of headings of Sections of the
				rules as recodified;
6) A
				conversion table of present and recodified rules.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1115 - Index Department Review of Recodified Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department staff will review each recodified rule
				  to check compliance with the specifications outlined in Section
				  100.545(b)
				  and Appendix E, Illustration A.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1120 - Certificate of Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to filing recodified rules with the Index Department,
				  the agency must obtain a Certificate of Review and Approval from the Index
				  Department (See Appendix E, Illustration C and Sections
				  100.450
				  and
				  100.550
				  ). Such Certificate shall only be issued when the rules being recodified meet
				  the requirements not only of codification but also of filing and publication as
				  outlined in this Part. Prior to accepting recodified rules for filing, the
				  Index Department staff shall review the rules and the Notice of Recodification
				  to ensure that they meet the codification, filing, and publication requirements
				  as outlined in this Part and, if so, will issue a Certificate of Review and
				  Approval. Please refer to Section
				  100.550
				  for further information on the Certificate of Review and
				  Approval.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1130 - Format for Register Publication of Notices of the Joint Committee on Administrative Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The format
				for Register publication of JCAR Statements of Objection or Recommendation
				shall be as shown in Appendix E, Illustration E and as follows:
1) Under "Heading of the Part," the heading
				of the Part on which objections are being issued shall be listed as it appears
				on the Part's table of contents on file and in effect in the Index Department
				or, if the Part is a new one, as the heading appeared on the Part's table of
				contents as published in the Register. No Section headings are to be listed
				here.
2) Under "Code Citation," the
				citation to the Part as it appeared in the proposal published in the Register
				shall be shown.
3) Under "Section
				Numbers," the Section numbers as they appeared in the proposal shall be listed.
				No subsection labels are to be listed in this column.
4) Under "Proposed Action," the action as
				shown on the Notice of Proposed Rules (Amendments, Repealer) shall be
				listed.
5) Each page of the Notice
				shall have the four Register headings as shown in Appendix E, Illustration
				E.
Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart K - MISCELLANEOUS › Section 100.1140 - Index Department Review of Other Notices and Materials Submitted for Register Publication

Current through Register Vol. 48, No. 28, July 12, 2024
The Index Department will review other Notices and materials
				  submitted for Register publication to:
a) determine whether they meet the
				publication requirements outlined in this Part, and
b) determine whether they are statutorily
				required to be published in the Illinois Register.