Illinois Administrative Code › Title 1 - GENERAL PROVISIONS › Part 100 - RULEMAKING IN ILLINOIS › Subpart D - PROPOSED RULES › Section 100.440 - Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an
				agency elects to modify or withdraw, or refuses to modify or withdraw a
				proposed rule in response to the objections of JCAR, the agency shall submit a
				Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule to
				be published in the Register (See 100.Appendix A, Illustration C). An agency
				may withdraw a proposed rulemaking (cease rulemaking activity on that proposal)
				without having a JCAR objection by publishing a Notice of Withdrawal of
				Proposed Rules in the Register. (See 100.Appendix A, Illustration B) Notice of
				Withdrawal of Proposed Rules (Amendments, Repealer), whether in response to a
				JCAR objection or not, shall be for the entire rulemaking proposed unless,
				pursuant to Section
				100.410(d),
				the agency has divided the proposal into several rulemakings. If JCAR issues an
				objection on a proposed rule, amendment or repealer, the agency must respond to
				the objection directly to JCAR within 90 days of the receipt of the statement
				of objection. Failure to do so shall constitute withdrawal of the proposed
				rule, amendment or repealer and JCAR shall submit a notice to that effect in
				the next available issue of the Illinois Register. The agency response to
				JCAR's objection shall be published in the Register, preferably within the
				90-day period as specified above.
b) If an agency response to a JCAR objection
				takes more than one type of action (that is, modifies and/or withdraws and/or
				refuses to modify or withdraw), the heading on the Notice shall state the
				actions taken:
1) If the agency is withdrawing
				one or more Sections or portions thereof and modifying one or more Sections or
				portions thereof, the action heading shall state "Notice of Withdrawal and
				Modification to Meet the Objections of the Joint Committee on Administrative
				Rules". It shall be noted, however, that withdrawal of one or more Sections in
				one particular rulemaking constitutes withdrawal of all Sections in that
				rulemaking. This Notice of Withdrawal and Modification may only be used when
				one entire rulemaking on a Part is being withdrawn and another entire
				rulemaking is being modified.
2) If
				the agency is withdrawing one or more Sections or portions thereof and refusing
				to modify or withdraw one or more Sections or portions thereof, the action
				heading shall state "Notice of Withdrawal and Refusal to Modify or Withdraw to
				Meet the Objections of the Joint Committee on Administrative Rules". (See also
				the information concerning withdrawal of rules in subsection (1)
				above.)
3) If the agency is
				modifying one or more Sections or portions thereof and refusing to modify or
				withdraw one or more Sections or portions thereof, the action heading shall
				state "Notice of Modification and Refusal to Modify or Withdraw to Meet the
				Objections of the Joint Committee on Administrative Rules".
4) If the agency is taking all three actions,
				the action heading shall state "Notice of Withdrawal, Modification, and Refusal
				to Modify or Withdraw to Meet the Objections of the Joint Committee on
				Administrative Rules". (Also refer to the information concerning withdrawal in
				subsection (1) above.)