(5 ILCS 100/Art. 5 heading)
ARTICLE 5.
RULEMAKING PROVISIONS
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(5 ILCS 100/5-5) (from Ch. 127, par. 1005-5)
Sec. 5-5.
Applicability.
All rules of agencies shall be adopted in
accordance with this Article.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-6)
Sec. 5-6. Rulemaking conditions. All rulemaking authority exercised on or after the effective date of this amendatory Act of the 96th General Assembly is conditioned on the rules being adopted in accordance with all provisions of this Act and all rules and procedures of the Joint Committee on Administrative Rules (JCAR); any purported rule not so adopted, for whatever reason, including without limitation a decision of a court of competent jurisdiction holding any part of this Act or the rules or procedures of JCAR invalid, is unauthorized.
(Source: P.A. 96-2, eff. 2-26-09.)
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(5 ILCS 100/5-10) (from Ch. 127, par. 1005-10)
Sec. 5-10.
Adoption and availability of rules.
(a) In addition to other rulemaking requirements imposed by law, each
agency shall (i) adopt rules of practice setting forth the nature and
requirements of all formal hearings and (ii) make available for public
inspection all rules adopted by the agency in the discharge of its functions.
(b) Each agency shall make available for public inspection all final
orders, decisions, and opinions, except those deemed confidential by State
or federal statute and any trade secrets.
(c) No agency rule is valid or effective against any person or party,
nor may it be invoked by the agency for any purpose, until it has been
made available for public inspection and filed with the Secretary of State
as required by this Act. No agency, however, shall assert the invalidity
of a rule that it has adopted under this Act when an opposing party has
relied upon the rule.
(d) Rulemaking that creates or expands a State mandate on units of
local government, school districts, or community college districts is subject
to the State Mandates Act. The required Statement of Statewide Policy
Objectives shall be published in the Illinois Register at the same time
that the first notice under Section 5-40 is published or when the rule is
published under Section 5-45 or 5-50.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-15) (from Ch. 127, par. 1005-15)
Sec. 5-15.
Required rules.
(a) Each agency shall maintain as rules the following:
(1) A current description of the agency's
| | organization with necessary charts depicting that organization.
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(2) The current procedures by which the public can
| | obtain information or make submissions or requests on subjects, programs, and activities of the agency. Requests for copies of agency rules shall not be deemed Freedom of Information Act requests unless so labeled by the requestor.
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(3) Tables of contents, indices, reference tables,
| | and other materials to aid users in finding and using the agency's collection of rules currently in force.
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(4) A current description of the agency's rulemaking
| | procedures with necessary flow charts depicting those procedures.
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(5) Any rules adopted under this Section in
| | accordance with Sections 5-75 and 10-20 of this Act.
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(b) The rules required to be filed by this Section may be adopted,
amended, or repealed and filed as provided in this Section instead of
any other provisions or requirements of this Act.
The rules required by this Section may be adopted, amended, or repealed
by filing a certified copy with the Secretary of State under
subsections (a) and (b) of Section 5-65 and may become effective immediately.
(Source: P.A. 90-155, eff. 7-23-97.)
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(5 ILCS 100/5-20) (from Ch. 127, par. 1005-20)
Sec. 5-20.
Implementing discretionary powers.
Each rule that implements a
discretionary power to be exercised by an agency shall include the
standards by which the agency shall exercise the power. The standards
shall be stated as precisely and clearly as practicable under the
conditions to inform fully those persons affected.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-25) (from Ch. 127, par. 1005-25)
Sec. 5-25.
Ratemaking.
Every agency that is empowered by law to
engage in ratemaking activities shall establish by rule, not inconsistent
with the provisions of law establishing its ratemaking jurisdiction, the
practice and procedures to be followed in ratemaking activities before
the agency.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
Sec. 5-30. Regulatory flexibility. When an agency proposes a new rule or
an amendment to an existing rule that may have an impact on small businesses,
not for profit corporations, or small municipalities, the agency shall do each
of the following:
(a) The agency shall consider each of the following
| | methods for reducing the impact of the rulemaking on small businesses, not for profit corporations, or small municipalities. The agency shall reduce the impact by utilizing one or more of the following methods if it finds that the methods are legal and feasible in meeting the statutory objectives that are the basis of the proposed rulemaking.
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(1) Establish less stringent compliance or
| | reporting requirements in the rule for small businesses, not for profit corporations, or small municipalities.
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(2) Establish less stringent schedules or
| | deadlines in the rule for compliance or reporting requirements for small businesses, not for profit corporations, or small municipalities.
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(3) Consolidate or simplify the rule's compliance
| | or reporting requirements for small businesses, not for profit corporations, or small municipalities.
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(4) Establish performance standards to replace
| | design or operational standards in the rule for small businesses, not for profit corporations, or small municipalities.
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(5) Exempt small businesses, not for profit
| | corporations, or small municipalities from any or all requirements of the rule.
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(b) Before or during the notice period required under
| | subsection (b) of Section 5-40, the agency shall provide an opportunity for small businesses, not for profit corporations, or small municipalities to participate in the rulemaking process. The agency shall utilize one or more of the following techniques. These techniques are in addition to other rulemaking requirements imposed by this Act or by any other Act.
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(1) The inclusion in any advance notice of
| | possible rulemaking of a statement that the rule may have an impact on small businesses, not for profit corporations, or small municipalities.
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(2) The publication of a notice of rulemaking in
| | publications likely to be obtained by small businesses, not for profit corporations, or small municipalities.
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(3) The direct notification of interested small
| | businesses, not for profit corporations, or small municipalities.
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(4) The conduct of public hearings concerning the
| | impact of the rule on small businesses, not for profit corporations, or small municipalities.
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(5) 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.
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(c) Prior to the filing for publication in the
| | Illinois Register of any proposed rule or amendment that may have an adverse impact on small businesses, each agency must prepare an economic impact analysis. The economic impact analysis shall include the following:
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| (1) an identification of the types and estimate
| | of the number of the small businesses subject to the proposed rule or amendment;
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| (2) the projected reporting, recordkeeping, and
| | other administrative costs required for compliance with the proposed rule or amendment, including the type of professional skills necessary for preparation of the report or record;
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| (3) a statement of the probable positive or
| | negative economic effect on impacted small businesses; and
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| (4) a description of any less intrusive or less
| | costly alternative methods of achieving the purpose of the proposed rule or amendment. The alternatives must be consistent with the stated objectives of the applicable statutes and the proposed rulemaking.
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| The Business Assistance Office shall prepare an
| | impact analysis of the rule or amendment describing its effect on small businesses whenever the Office believes, in its discretion, that an analysis is warranted or whenever requested to do so by 25 interested persons, an association representing at least 100 interested persons, the Governor, a unit of local government, or the Joint Committee on Administrative Rules. The impact analysis shall be completed before or within the notice period as described in subsection (b) of Section 5-40. Upon completion of any analysis in accordance with this subsection (c), the preparing agency or the Business Assistance Office shall submit the analysis to the Joint Committee on Administrative Rules, to any interested person who requested the analysis, and, if the agency prepared the analysis, to the Business Assistance Office.
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This subsection does not apply to rules and standards
| | described in paragraphs (1) through (5) of subsection (c) of Section 1-5.
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(Source: P.A. 96-1448, eff. 1-1-11.)
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(5 ILCS 100/5-35) (from Ch. 127, par. 1005-35)
Sec. 5-35.
Procedure for rulemaking.
(a) Before the adoption, amendment, or repeal of any rule, each agency
shall accomplish the actions required by Section 5-40, 5-45, or 5-50,
whichever is applicable.
(b) No action by any agency to adopt, amend, or repeal a rule after
this Act has become applicable to the agency shall be valid unless taken
in compliance with this Section. A proceeding to contest any rule on
the ground of non-compliance with the procedural requirements of this
Section must be commenced within 2 years from the effective date of the
rule.
(c) The rulemaking procedures of this Article 5 do not apply to a matter
relating solely to agency management or personnel practices or to public
property, loans, or contracts.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
Sec. 5-40.
General rulemaking.
(a) In all rulemaking to which Sections 5-45 and 5-50 do not apply, each
agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its intended action
to the general public. This first notice period shall commence on
the first day the notice appears in the Illinois Register. The first
notice shall include all the following:
(1) The text of the proposed rule, the old and new
| | materials of a proposed amendment, or the text of the provision to be repealed.
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(2) The specific statutory citation upon which the
| | proposed rule, the proposed amendment to a rule, or the proposed repeal of a rule is based and by which it is authorized.
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(3) A complete description of the subjects and issues
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(3.5) A descriptive title or other description of any
| | published study or research report used in developing the rule, the identity of the person who performed such study, and a description of where the public may obtain a copy of any such study or research report. If the study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, the agency shall also make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under the Freedom of Information Act.
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(4) For all proposed rules and proposed amendments to
| | rules, an initial regulatory flexibility analysis containing a description of the types of small businesses subject to the rule; a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule; and a description of the types of professional skills necessary for compliance.
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(5) The time, place, and manner in which interested
| | persons may present their views and comments concerning the proposed rulemaking.
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During the first notice period, the agency shall accept from any interested
persons data, views, arguments, or comments. These may, in the discretion of
the agency, be submitted either orally or in writing or both. The notice
published in the Illinois Register shall indicate the manner selected by the
agency for the submissions. The agency shall consider all submissions
received.
The agency shall hold a public hearing on the proposed rulemaking during
the first notice period if (i) during the first notice period, the
agency finds that a public hearing
would facilitate the submission of views and comments that might not
otherwise be submitted or (ii) the agency receives a request for a public
hearing, within the first 14 days after publication of the notice of
proposed rulemaking in the Illinois Register, from 25 interested persons,
an association representing at least 100 interested persons, the Governor,
the Joint Committee on Administrative Rules, or a unit of local government
that may be affected. At the public hearing, the agency shall allow
interested persons to present views and comments on the proposed
rulemaking. A public hearing in response to a request for a hearing may
not be held less than 20 days after the publication of the notice of
proposed rulemaking in the Illinois Register unless notice of the public
hearing is included in the notice of proposed rulemaking. A public hearing
on proposed rulemaking may not be held less than 5 days before submission
of the notice required under subsection (c) of this Section to the Joint
Committee on Administrative Rules. Each agency may prescribe reasonable
rules for the conduct of public hearings on proposed rulemaking to prevent
undue repetition at the hearings. The hearings must be open to the public
and recorded by stenographic or mechanical means.
At least one agency representative shall be present during the hearing who
is qualified to respond to general questions from the public regarding the
agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the proposed rulemaking
to the Joint Committee on Administrative Rules. The period commencing on
the day written notice is received by the Joint Committee shall be known as
the second notice period and shall expire 45 days thereafter unless before
that time the agency and the Joint Committee have agreed to extend the
second notice period beyond 45 days for a period not to exceed an
additional 45 days or unless the agency has received a statement of
objection from the Joint Committee or notification from the Joint Committee
that no objection will be issued. The written notice to the Joint
Committee shall include (i) the text and location of any changes made to
the proposed rulemaking during the first notice period in a form prescribed
by the Joint Committee; (ii) for all
proposed rules and proposed amendments to rules, a final regulatory
flexibility analysis containing a summary of issues raised by small
businesses during the first notice period and a description of actions
taken on any alternatives to the proposed rule suggested by small
businesses during the first notice period, including reasons for rejecting
any alternatives not utilized; and (iii) if a written request has been made
by the Joint Committee within 30 days after initial notice appears in the
Illinois Register under subsection (b) of this Section, an analysis of the
economic and budgetary effects of the proposed rulemaking. After
commencement of the second notice period, no substantive change may be made
to a proposed rulemaking unless it is made in response to an objection or
suggestion of the Joint Committee. The agency shall also send a copy of
the final regulatory flexibility analysis to each small business that has
presented views or comments on the proposed rulemaking during the first
notice period and to any other interested person who requests a copy. The
agency may charge a reasonable fee for providing the copies to cover postage
and handling costs.
(d) After the expiration of the second notice period, after notification
from the Joint Committee that no objection will be issued, or after a
response by the agency to a statement of objections issued by the Joint
Committee, whichever is applicable, the agency shall file, under Section
5-65, a certified copy of each rule, modification, or repeal of any rule
adopted by it. The copy shall be published in the Illinois Register. Each
rule hereafter adopted under this Section is effective upon filing unless a
later effective date is required by statute or is specified in the
rulemaking.
(e) No rule or modification or repeal of any rule may be adopted, or filed
with the Secretary of State, more than one year after the date the first
notice period for the rulemaking under subsection (b) commenced. Any
period during which the rulemaking is prohibited from being filed under
Section 5-115 shall not be considered in calculating this one-year time period.
(Source: P.A. 92-330, eff. 1-1-02.)
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(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that any agency
finds reasonably constitutes a threat to the public interest, safety, or
welfare.
(b) If any agency finds that an
emergency exists that requires adoption of a rule upon fewer days than
is required by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior notice or
hearing upon filing a notice of emergency rulemaking with the Secretary of
State under Section 5-70. The notice shall include the text of the
emergency rule and shall be published in the Illinois Register. Consent
orders or other court orders adopting settlements negotiated by an agency
may be adopted under this Section. Subject to applicable constitutional or
statutory provisions, an emergency rule becomes effective immediately upon
filing under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the specific reasons
for the finding shall be filed with the rule. The agency shall take
reasonable and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not longer than
150 days, but the agency's authority to adopt an identical rule under Section
5-40 is not precluded. No emergency rule may be adopted more
than once in any 24 month period, except that this limitation on the number
of emergency rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions from the Drug
Manual under Section 5-5.16 of the Illinois Public Aid Code or the
generic drug formulary under Section 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) emergency rules adopted by the Pollution Control
Board before July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois Department of Public Health under subsections (a) through (i) of Section 2 of the Department of Public Health Act when necessary to protect the public's health, (iv) emergency rules adopted pursuant to subsection (n) of this Section, (v) emergency rules adopted pursuant to subsection (o) of this Section, or (vi) emergency rules adopted pursuant to subsection (c-5) of this Section. Two or more emergency rules having substantially the same
purpose and effect shall be deemed to be a single rule for purposes of this
Section.
(c-5) To facilitate the maintenance of the program of group health benefits provided to annuitants, survivors, and retired employees under the State Employees Group Insurance Act of 1971, rules to alter the contributions to be paid by the State, annuitants, survivors, retired employees, or any combination of those entities, for that program of group health benefits, shall be adopted as emergency rules. The adoption of those rules shall be considered an emergency and necessary for the public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely implementation
of the State's fiscal year 1999 budget, emergency rules to implement any
provision of Public Act 90-587 or 90-588
or any other budget initiative for fiscal year 1999 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (d). The adoption of emergency rules
authorized by this subsection (d) shall be deemed to be necessary for the
public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely implementation
of the State's fiscal year 2000 budget, emergency rules to implement any
provision of this amendatory Act of the 91st General Assembly
or any other budget initiative for fiscal year 2000 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (e). The adoption of emergency rules
authorized by this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely implementation
of the State's fiscal year 2001 budget, emergency rules to implement any
provision of this amendatory Act of the 91st General Assembly
or any other budget initiative for fiscal year 2001 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (f). The adoption of emergency rules
authorized by this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely implementation
of the State's fiscal year 2002 budget, emergency rules to implement any
provision of this amendatory Act of the 92nd General Assembly
or any other budget initiative for fiscal year 2002 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (g). The adoption of emergency rules
authorized by this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely implementation
of the State's fiscal year 2003 budget, emergency rules to implement any
provision of this amendatory Act of the 92nd General Assembly
or any other budget initiative for fiscal year 2003 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (h). The adoption of emergency rules
authorized by this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely implementation
of the State's fiscal year 2004 budget, emergency rules to implement any
provision of this amendatory Act of the 93rd General Assembly
or any other budget initiative for fiscal year 2004 may be adopted in
accordance with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply
to rules adopted under this subsection (i). The adoption of emergency rules
authorized by this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2005 budget as provided under the Fiscal Year 2005 Budget Implementation (Human Services) Act, emergency rules to implement any provision of the Fiscal Year 2005 Budget Implementation (Human Services) Act may be adopted in accordance with this Section by the agency charged with administering that provision, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (j). The Department of Public Aid may also adopt rules under this subsection (j) necessary to administer the Illinois Public Aid Code and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (j) shall be deemed to be necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2006 budget, emergency rules to implement any provision of this amendatory Act of the 94th General Assembly or any other budget initiative for fiscal year 2006 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (k). The Department of Healthcare and Family Services may also adopt rules under this subsection (k) necessary to administer the Illinois Public Aid Code, the Senior Citizens and Disabled Persons Property Tax Relief Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act (now the Illinois Prescription Drug Discount Program Act), and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (k) shall be deemed to be necessary for the public interest, safety, and welfare.
(l) In order to provide for the expeditious and timely implementation of the provisions of the
State's fiscal year 2007 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2007, including rules effective July 1, 2007, in
accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules
authorized by this subsection (l) shall be deemed to be necessary for the public interest,
safety, and welfare.
(m) In order to provide for the expeditious and timely implementation of the provisions of the
State's fiscal year 2008 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2008, including rules effective July 1, 2008, in
accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules
authorized by this subsection (m) shall be deemed to be necessary for the public interest,
safety, and welfare.
(n) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2010 budget, emergency rules to implement any provision of this amendatory Act of the 96th General Assembly or any other budget initiative authorized by the 96th General Assembly for fiscal year 2010 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (n) shall be deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (n) shall apply only to rules promulgated during Fiscal Year 2010.
(o) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2011 budget, emergency rules to implement any provision of this amendatory Act of the 96th General Assembly or any other budget initiative authorized by the 96th General Assembly for fiscal year 2011 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (o) is deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (o) applies only to rules promulgated on or after the effective date of this amendatory Act of the 96th General Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely implementation of the provisions of Public Act 97-689, emergency rules to implement any provision of Public Act 97-689 may be adopted in accordance with this subsection (p) by the agency charged with administering that provision or initiative. The 150-day limitation of the effective period of emergency rules does not apply to rules adopted under this subsection (p), and the effective period may continue through June 30, 2013. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (p). The adoption of emergency rules authorized by this subsection (p) is deemed to be necessary for the public interest, safety, and welfare.
(q) In order to provide for the expeditious and timely implementation of the provisions of Articles 7, 8, 9, 11, and 12 of this amendatory Act of the 98th General Assembly, emergency rules to implement any provision of Articles 7, 8, 9, 11, and 12 of this amendatory Act of the 98th General Assembly may be adopted in accordance with this subsection (q) by the agency charged with administering that provision or initiative. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (q). The adoption of emergency rules authorized by this subsection (q) is deemed to be necessary for the public interest, safety, and welfare.
(r) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 98th General Assembly, emergency rules to implement this amendatory Act of the 98th General Assembly may be adopted in accordance with this subsection (r) by the Department of Healthcare and Family Services. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (r). The adoption of emergency rules authorized by this subsection (r) is deemed to be necessary for the public interest, safety, and welfare.
(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12; 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
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(5 ILCS 100/5-46) (from Ch. 127, par. 1005-46)
Sec. 5-46.
(Repealed).
(Source: Repealed by P.A. 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-46.1)
Sec. 5-46.1.
Emergency rulemaking.
(a) The General Assembly finds that the State's current financial
situation constitutes an emergency for the purposes of this Act.
(b) Beginning July 1, 1995, agencies may implement the changes made by
this amendatory Act of 1995 or other budget reduction initiatives for Fiscal
Year 1996 through the use of emergency rules in accordance with the provisions
of Section 5-45 of this Act, except that the 24-month limitation on the
adoption of similar emergency rules under Section 5-45 and the provisions of
Sections 5-115 and 5-125 do not apply to rules adopted to implement changes
made by this amendatory Act of 1995 or other budget reduction initiatives for
Fiscal Year 1996.
(c) Agencies may implement the changes made by
this amendatory Act of 1996 or other budget reduction initiatives for Fiscal
Year 1997 through the use of emergency rules in accordance with the provisions
of Section 5-45 of this Act, except that the 24-month limitation on the
adoption of similar emergency rules under Section 5-45 and the provisions of
Sections 5-115 and 5-125 do not apply to rules adopted to implement changes
made by this amendatory Act of 1996 or other budget reduction initiatives for
Fiscal Year 1997.
(Source: P.A. 89-21, eff. 6-6-95; 89-499, eff. 6-28-96.)
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(5 ILCS 100/5-46.2)
Sec. 5-46.2. Implementation of changes to State Medicaid plan. In order to provide for the timely and expeditious implementation of the federally approved amendment to the Title XIX State Plan as authorized by subsection (r-5) of Section 5A-12.1 of the Illinois Public Aid Code, the Department of Healthcare and Family Services may adopt any rules necessary to implement changes resulting from that amendment to the hospital access improvement payments authorized by Public Act 94-242 and subsection (d) of Section 5A-2 of the Illinois Public Aid Code. The Department is authorized to adopt rules implementing those changes by emergency rulemaking. This emergency rulemaking authority is granted by, and may be exercised only during, the 94th General Assembly.
(Source: P.A. 94-838, eff. 6-6-06.)
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(5 ILCS 100/5-47) (from Ch. 127, par. 1005-47)
Sec. 5-47.
(Repealed).
(Source: Repealed by P.A. 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking" means any
rulemaking that is required as a result of federal law, federal rules and
regulations, an order of a court, or a collective bargaining agreement
pursuant to subsection (d) of Section 1-5, under conditions that preclude
compliance with the general rulemaking requirements imposed by Section 5-40
and that preclude the exercise of discretion by the agency as to the
content of the rule it is required to adopt. Peremptory rulemaking shall
not be used to implement consent orders or other court orders adopting
settlements negotiated by the agency. If any agency finds that peremptory
rulemaking is necessary and states in writing its reasons for that finding,
the agency may adopt peremptory rulemaking upon filing a notice of
rulemaking with the Secretary of State under Section 5-70. The notice shall
be published in the Illinois Register. A rule adopted under the peremptory
rulemaking provisions of this Section becomes effective immediately upon
filing with the Secretary of State and in the agency's principal office, or
at a date required or authorized by the relevant federal law, federal rules
and regulations, or court order, as stated in the notice of rulemaking.
Notice of rulemaking under this Section shall be published in the Illinois
Register, shall specifically refer to the appropriate State or federal
court order or federal law, rules, and regulations, and shall be in a form
as the Secretary of State may reasonably prescribe by rule. The agency
shall file the notice of peremptory rulemaking within 30 days after a
change in rules is required.
The Department of Healthcare and Family Services may adopt peremptory rulemaking under the terms and conditions of this Section to implement final payments included in a State Medicaid Plan Amendment approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services and authorized under Section 5A-12.2 of the Illinois Public Aid Code, and to adjust hospital provider assessments as Medicaid Provider-Specific Taxes permitted by Title XIX of the federal Social Security Act and authorized under Section 5A-2 of the Illinois Public Aid Code.
(Source: P.A. 95-859, eff. 8-19-08.)
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(5 ILCS 100/5-55) (from Ch. 127, par. 1005-55)
Sec. 5-55.
Automatic repeal of rules.
A rule may provide for its
automatic repeal on a date specified in the rule. The repeal shall be
effective on the date specified, provided that notice of the repeal is
published in the Illinois Register not less than 30 nor more than 60 days
before the effective date of the repeal. This Section does not apply to any
rules filed under Section 5-45.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
Sec. 5-60.
Regulatory agenda.
An agency shall submit for publication in
the Illinois Register by January 1 and July 1 of each year a regulatory
agenda to elicit public comments concerning any rule that the agency is
considering proposing but for which no notice of proposed rulemaking activity
has been submitted to the Illinois Register. A regulatory agenda shall consist
of summaries of those rules. Each summary shall, in less than 2,000 words,
contain the following when practicable:
(1) A description of the rule.
(2) The statutory authority the agency is exercising.
(3) A schedule of the dates for any hearings,
| | meetings, or other opportunities for public participation in the development of the rule.
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(4) The date the agency anticipates submitting a
| | notice of proposed rulemaking activity, if known.
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(5) The name, address, and telephone number of the
| | agency representative who is knowledgeable about the rule, from whom any information may be obtained, and to whom written comments may be submitted concerning the rule.
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(6) A statement whether the rule will affect small
| | businesses, not for profit corporations, or small municipalities as defined in this Act.
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(7) Any other information that may serve the public
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Nothing in this Section shall preclude an agency from adopting a rule that
has not been summarized in a regulatory agenda or from adopting a rule
different than one summarized in a regulatory agenda if in the agency head's
best judgment it is necessary. If an agency finds that a situation exists that
requires adoption of a rule that was not summarized on either of the 2 most
recent regulatory agendas, it shall state its reasons in writing together with
the facts that form their basis upon filing the notice of proposed rulemaking
with the Secretary of State under Section 5-40. Nothing in this Section shall
require an agency to adopt a rule summarized in a regulatory agenda. The
Secretary of State shall adopt rules necessary for the publication of a
regulatory agenda, including but not limited to standard submission forms and
deadlines.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
Sec. 5-65.
Filing of rules.
(a) Each agency shall file in the office of the Secretary of State and
in the agency's principal office a certified copy of each rule and
modification or repeal of any rule adopted by it. The Secretary of State
and the agency shall each keep a permanent register of the rules open to
public inspection.
Whenever a rule or modification or repeal of any rule is filed with
the Secretary of State, the Secretary shall send a certified copy of the
rule, modification or repeal, within 3 working days after it is filed, to
the Joint Committee on Administrative Rules.
(b) Concurrent with the filing of any rule under this Section,
the filing agency shall submit to the Secretary of State for publication
in the next available issue of the Illinois Register a notice of adopted
rules. The notice shall include the following:
(1) The text of the adopted rule, including the full
| | text of the new rule (if the material is a new rule), the full text of the rule or rules as amended (if the material is an amendment to a rule or rules), or the notice of repeal (if the material is a repealer).
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(2) The name, address, and telephone number of an
| | individual who will be available to answer questions and provide information to the public concerning the adopted rules.
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(3) Other information that the Secretary of State may
| | by rule require in the interest of informing the public.
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(Source: P.A. 87-823; 87-830; 87-895.)
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(5 ILCS 100/5-70) (from Ch. 127, par. 1005-70)
Sec. 5-70. Form and publication of notices.
(a) The Secretary of State may prescribe reasonable rules concerning the
form of documents to be filed with the Secretary of State and may refuse to
accept for filing certified copies that do not comply with the rules. In
addition, the Secretary of State shall publish and maintain the Illinois
Register and may prescribe reasonable rules setting forth the manner in
which agencies shall submit notices required by this Act for publication in
the Illinois Register. The Illinois Register shall be published at least
once each week on the same day (unless that day is an official State
holiday, in which case the Illinois Register shall be published on the next
following business day) and sent to subscribers who subscribe for the
publication with the Secretary of State. The Secretary of State may charge
a subscription price to subscribers that covers mailing and publication costs.
(b) The Secretary of State shall accept for publication in the Illinois
Register all Pollution Control Board documents, including but not limited
to Board opinions, the results of Board determinations concerning adjusted
standards proceedings, notices of petitions for individual adjusted
standards, results of Board determinations concerning the necessity for
economic impact studies, restricted status lists, hearing notices, and any
other documents related to the activities of the Pollution Control Board
that the Board deems appropriate for publication.
(c) The Secretary of State shall accept for publication in the Illinois Register notices initiated by the Department of Healthcare and Family Services in its capacity as the designate Title XIX single State agency pursuant to the requirements found at 42 CFR 447.205, and any other documents related to the activities of the programs administered by the Department of Healthcare and Family Services that the Department deems appropriate for publication.
(Source: P.A. 97-48, eff. 6-28-11.)
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(5 ILCS 100/5-75) (from Ch. 127, par. 1005-75)
Sec. 5-75.
Incorporation by reference.
(a) An agency may incorporate by reference, in its rules adopted under
Section 5-35, rules, regulations, standards, and guidelines of an agency of
the United States or a nationally or state recognized organization or
association without publishing the incorporated material in full. The
reference in the agency rules must fully identify the incorporated matter
by publisher address and date in order to specify how a copy of the
material may be obtained and must state that the rule, regulation,
standard, or guideline does not include any later amendments or editions.
An agency may incorporate by reference these matters in its rules only if
the agency, organization, or association originally issuing the matter
makes copies readily available to the public. This Section does not apply
to any agency internal manual.
For any law imposing taxes on or measured by income, the Department of
Revenue may promulgate rules that include incorporations by reference of
federal rules or regulations without identifying the incorporated matter by
date and without including a statement that the incorporation does not
include later amendments.
(b) Use of the incorporation by reference procedure under this Section
shall be reviewed by the Joint Committee on Administrative Rules during the
rulemaking process as set forth in this Act.
(c) The agency adopting a rule, regulation, standard, or guideline
under this Section shall maintain a copy of the referenced rule,
regulation, standard, or guideline in at least one of its principal offices
and shall make it available to the public upon request for inspection and
copying at no more than cost. Requests for copies of materials incorporated
by reference shall not be deemed Freedom of Information Act requests unless so
labeled by the requestor. The agency shall designate by rule the
agency location at which incorporated materials are maintained and made
available to the public for inspection and copying. These rules may be
adopted under the procedures in Section 5-15. In addition, the agency may
include the designation of the agency location of incorporated materials in
a rulemaking under Section 5-35, but emergency and peremptory rulemaking
procedures may not be used solely for this purpose.
(Source: P.A. 90-155, eff. 7-23-97.)
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(5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
Sec. 5-80.
Publication of rules.
(a) The Secretary of State shall, by rule, prescribe a uniform
system for the codification of rules. The Secretary of State shall also,
by rule, establish a schedule for compliance with the uniform codification
system. The Secretary of State shall not adopt any codification system or
schedule under this subsection without the approval of the Joint Committee
on Administrative Rules. Approval by the Joint Committee shall be
conditioned solely upon establishing that the proposed codification system
and schedule are compatible with existing electronic data processing
equipment and programs maintained by and for the General Assembly. Nothing
in this Section shall prohibit an agency from adopting rules in compliance
with the codification system earlier than specified in the schedule.
(b) Each rule proposed in compliance with the codification system shall
be reviewed by the Secretary of State before the expiration of the public
notice period under subsection (b) of Section 5-40. The Secretary of State
shall cooperate with agencies in the Secretary of State's review to insure
that the purposes of the codification system are accomplished. The
Secretary of State shall have the authority to make changes in the
numbering and location of the rule in the codification scheme if those
changes do not affect the meaning of the rules. The Secretary of State may
recommend changes in the sectioning and headings proposed by the agency and
suggest grammatical and technical changes to correct errors. The Secretary
of State may add notes concerning the statutory authority, dates proposed
and adopted, and other similar notes to the text of the rules, if the notes
are not supplied by the agency. This review by the Secretary of State
shall be for the purpose of insuring the uniformity of and compliance with
the codification system. The Secretary of State shall prepare indexes by
agency, subject matter, and statutory authority and any other necessary
indexes, tables, and other aids for locating rules to assist the public in
the use of the Code.
(c) The Secretary of State shall make available to the agency and the Joint
Committee on Administrative Rules copies of the changes in the numbering
and location of the rule in the codification scheme, the recommended changes
in the sectioning and headings, and the suggestions made concerning the
correction of grammatical and technical errors or other suggested changes.
The agency, in the notice required by subsection (c) of Section 5-40, shall
provide to the Joint Committee a response to the recommendations of the
Secretary of State including any reasons for not adopting the recommendations.
(d) If a reorganization of agencies, transfer of functions between
agencies, or abolishment of agencies by executive order or law affects
rules on file with the Secretary of State, the Secretary of State shall
notify the Governor, the Attorney General, and the agencies involved of the
effects upon the rules on file. If the Governor or the agencies involved
do not respond to the Secretary of State's notice within 45 days by
instructing the Secretary of State to delete or transfer the rules, the
Secretary of State may delete or place the rules under the appropriate
agency for the purpose of insuring the consistency of the codification
scheme and shall notify the Governor, the Attorney General,
and the agencies involved.
(e) (Blank).
(f) The Secretary of State shall ensure that the Illinois
Administrative Code is published and made available to the public in a form
that is updated at least annually. The Code shall contain the complete
text of all rules of all State agencies filed with the Secretary's
office and effective on October 1, 1984, or later and the indexes, tables, and
other aids for locating rules prepared by the Secretary of State. The Secretary
of State shall design the Illinois Register to supplement the Code. The
Secretary of State shall ensure that copies of the Illinois
Register are available to the public and governmental entities and
agencies.
If the Secretary of State determines that the Secretary's office will
publish and distribute either the Register or the Code, the Secretary shall
make copies available to the public at a reasonable fee, established by the
Secretary by rule, and shall make copies available to governmental entities and
agencies at a price covering publication and mailing costs only.
The Secretary of State shall make the electronically stored database of the
Illinois Register and the Code available in accordance with this Section and
Section 5.08 of the Legislative Information System Act.
(g) The publication of a rule in the Code or in the Illinois Register
as an adopted rule shall establish a rebuttable presumption that the rule
was duly filed and that the text of the rule as published in the Code is
the text of the rule as adopted. Publication of the text of a rule in any
other location whether by the agency or some other person shall not be taken
as establishing such a presumption. Judicial or official notice
shall be taken of the text of each rule published in the Code or Register.
(h) 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 the Illinois Register shall be the official
compilations of the administrative rules of Illinois and shall be entirely in
the public domain for purposes of federal copyright law.
(i) The Legislative Information System shall maintain on its electronic
data processing equipment the complete text of the Illinois Register and
Illinois Administrative Code created in compliance with this Act. This
electronic information shall be made available for use in the publication of
the Illinois Register and Illinois Administrative Code by the Secretary of
State if the Secretary determines that his office will publish these materials
as authorized by subsection (f).
(j) The Legislative Information System, upon consultation with the Joint
Committee on Administrative Rules and the Secretary of State, shall make the
electronically stored database of the Illinois Register and the Illinois
Administrative Code available in an electronically stored medium to those who
request it. The Legislative Information System shall establish and charge a
reasonable fee for providing the electronic information. Amounts received
under this Section shall be deposited into the General Assembly Computer
Equipment Revolving Fund.
(Source: P.A. 91-357, eff. 7-29-99.)
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(5 ILCS 100/5-85) (from Ch. 127, par. 1005-85)
Sec. 5-85.
Correction of rules filed with the Secretary of State.
(a) Corrections to a proposed rulemaking that has been published in the
Illinois Register but is not yet adopted shall be made pursuant to the
rules of the Secretary of State. Corrections to an adopted rulemaking that
has been published in the Illinois Register shall be made by initiating a
new rulemaking or pursuant to subsection (b).
(b) Expedited corrections to any form of adopted rule that has been
published in the Illinois Register shall be made pursuant to the procedures
set forth in this subsection (b) and the rules of the Joint Committee on
Administrative Rules adopted pursuant to this subsection (b).
An agency may request that the Joint Committee on Administrative Rules
issue a certification of correction under this subsection (b) to correct:
(1) non-substantive errors such as typographical, clerical, grammatical,
printing, copying or other inadvertent errors such as omission of existing
or inclusion of previously repealed Illinois Administrative Code text; (2)
any omissions or errors that create unintentional discrepancies
between adopted rule text and text previously published in the Illinois
Register or second notice rule text; or (3) any discrepancies between
adopted rule text and agreements certified by the Joint Committee on
Administrative Rules during the second notice period.
In requesting the Joint Committee on Administrative Rules to issue a
certification of correction, the agency shall specify which of the above
reasons for correction is applicable and shall submit the full affected
Section of the Code, indicating both the incorrect text and the agency's
proposal for correcting the error. The Joint Committee on Administrative
Rules shall verify that the requested correction meets the criteria of this
subsection (b), that the public interest will be served and no hardship
created by remediation of the error or omission more quickly than could be
accomplished by the regular rulemaking process, and that the public notice
considerations of this Act are not being unduly circumvented.
Upon receiving a certification of correction from the Joint Committee on
Administrative Rules, an agency shall file a notice of correction with the
Secretary of State for publication in the next available issue of the
Illinois Register. Pursuant to agreement between the Joint Committee on
Administrative Rules and the agency, the effective date of the correction
shall be identical to that of the adopted rule being corrected or a specified
later date.
The agency shall take reasonable and appropriate measures to make
rule corrections known to persons who may be affected by them.
(Source: P.A. 87-823; 87-830; 87-895; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-90) (from Ch. 127, par. 1005-90)
Sec. 5-90.
Joint Committee on Administrative Rules.
(a) The Joint Committee on Administrative Rules is established as a
legislative support services agency subject to the Legislative Commission
Reorganization Act of 1984. When feasible, the agenda of each meeting of
the Joint Committee shall be submitted to the Secretary of State to be
published at least 5 days before the meeting in the Illinois Register. The
Joint Committee may also weekly, or as often as necessary, submit for
publication in the Illinois Register lists of the dates on which notices
under Section 5-40 were received and the dates on which the proposed
rulemakings will be considered. The provisions of this subsection shall not
prohibit the Joint Committee from acting upon an item that was not
contained in the published agenda.
(b) The Joint Committee may charge reasonable fees for copies of documents
or publications to cover the cost of copying or printing. The Joint Committee
shall, however, provide copies of documents or publications without cost to
agencies that are directly affected by recommendations or findings included
in the documents or publications.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-95) (from Ch. 127, par. 1005-95)
Sec. 5-95.
Oaths and affirmations.
(a) The Executive Director of the Joint Committee or any designated
person may administer oaths or affirmations and take affidavits or
depositions of any person.
(b) The Executive Director, upon approval of a majority vote of the Joint
Committee, or the presiding officers may subpoena and compel the attendance
before the Joint Committee and examine under oath any person. They also
may subpoena and compel the production for the Joint Committee of any
records, books, papers, contracts, or other documents.
(c) If any person fails to obey a subpoena issued under this Section,
the Joint Committee may apply to any circuit court to secure compliance
with the subpoena. The failure to comply with the order of the court
issued in response thereto shall be punished as a contempt.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-100) (from Ch. 127, par. 1005-100)
Sec. 5-100.
Powers of the Joint Committee.
The Joint Committee shall
have the following powers under this Act:
(a) The function of the Joint Committee shall be the promotion of adequate
and proper rules by agencies and an understanding on the part of the public
respecting those rules. This function shall be advisory only, except as
provided in Sections 5-115 and 5-125.
(b) The Joint Committee may undertake studies and investigations
concerning rulemaking and agency rules.
(c) The Joint Committee shall monitor and investigate agencies'
compliance with the provisions of this Act, make periodic investigations of
the rulemaking activities of all agencies, and evaluate and report on all
rules in terms of their propriety, legal adequacy, relation to
statutory authorization, economic and budgetary effects, and public
policy.
(d) Hearings and investigations conducted by the Joint Committee
under this Act may be held at times and places within the State as
the Committee deems necessary.
(e) The Joint Committee may request from any agency an analysis of
the following:
(1) The effect of a new rule, amendment, or repealer,
| | including any direct economic effect on the persons regulated by the rule; any anticipated effect on the proposing agency's budget and the budgets of other State agencies; and any anticipated effects on State revenues.
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(2) The agency's evaluation of the submissions
| | presented to the agency under Section 5-40.
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(3) A description of any modifications from the
| | initially published proposal made in the finally accepted version of the intended rule, amendment, or repealer.
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(4) The agency's justification and rationale for the
| | intended rule, amendment, or repealer.
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(f) Failure of the Joint Committee to object to any proposed rule,
amendment, or repealer or any existing rule shall not be construed as
implying direct or indirect approval of the rule or proposed rule,
amendment, or repealer by the Joint Committee or the General Assembly.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-105) (from Ch. 127, par. 1005-105)
Sec. 5-105.
Responsibilities of the Joint Committee.
The
Joint Committee shall have the following responsibilities under this Act:
(a) The Joint Committee shall conduct a systematic
| | and continuing study of the rules and rulemaking process of all State agencies, including those agencies not covered in Section 1-25, for the purpose of improving the rulemaking process, reducing the number and bulk of rules, removing redundancies and unnecessary repetitions, and correcting grammatical, typographical, and similar errors not affecting the construction or meaning of the rules. The Joint Committee shall make recommendations to the appropriate affected agency.
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(b) The Joint Committee shall review the statutory
| | authority on which any administrative rule is based.
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(c) The Joint Committee shall maintain a review
| | program to study the impact of legislative changes, court rulings, and administrative action on agency rules and rulemaking.
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(d) The Joint Committee shall suggest rulemaking by
| | an agency whenever the Joint Committee, in the course of its review of the agency's rules under this Act, determines that the agency's rules are incomplete, inconsistent, or otherwise deficient.
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(Source: P.A. 87-823.)
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(5 ILCS 100/5-110) (from Ch. 127, par. 1005-110)
Sec. 5-110.
Responsibilities of the Joint Committee with respect to proposed
rules, amendments, or repealers.
(a) The Joint Committee shall examine any proposed rule, amendment to a
rule, and repeal of a rule to determine whether the proposed rule, amendment to
a rule, or repeal of a rule is within the statutory authority upon which it is
based; whether the rule, amendment to a rule, or repeal of a rule is in proper
form; and whether the notice was given before its adoption, amendment, or
repeal and was sufficient to give adequate notice of the purpose and effect of
the rule, amendment, or repeal. In addition, the Joint Committee may consider
whether the agency has considered alternatives to the rule that are consistent
with the stated objectives of both the applicable statutes and regulations and
whether the rule is designed to minimize economic impact on small businesses.
(b) If the Joint Committee objects to a proposed rule, amendment to
a rule, or repeal of a rule, it shall certify the fact to the issuing
agency and include with the certification a statement of its specific
objections.
(c) If within the second notice period the Joint Committee certifies its
objections to the issuing agency, then that agency shall do one of the
following within 90 days after receiving the statement of objection:
(1) Modify the proposed rule, amendment, or repealer
| | to meet the Joint Committee's objections.
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(2) Withdraw the proposed rule, amendment, or
| | repealer in its entirety.
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(3) Refuse to modify or withdraw the proposed rule,
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(d) If an agency elects to modify a proposed rule, amendment, or
repealer to meet the Joint Committee's objections, it shall make
those modifications that are necessary to meet the
objections and shall resubmit the rule, amendment, or repealer to the Joint
Committee. In addition, the agency shall submit a notice of its election to
modify the proposed rule, amendment, or repealer to meet the Joint
Committee's objections to the Secretary of State, and the notice shall be
published in the first available issue of the Illinois Register, but the
agency shall not be required to conduct a public hearing. If the Joint
Committee determines that the modifications do not remedy the Joint
Committee's objections, it shall so notify the agency in writing and shall
submit a copy of that notification to the Secretary of State for
publication in the next available issue of the Illinois Register. In
addition, the Joint Committee may recommend legislative action as provided
in subsection (g) for agency refusals.
(e) If an agency elects to withdraw a proposed rule,
amendment, or repealer as a result of the Joint Committee's objections,
it shall notify the Joint Committee in writing of its election and
shall submit a notice of the withdrawal to the Secretary of State. The
notice shall be published in the next available issue of the Illinois Register.
(f) Failure of an agency to respond to the Joint Committee's objections
to a proposed rule, amendment, or repealer within the time prescribed in
subsection (c) shall constitute withdrawal of the proposed rule, amendment,
or repealer in its entirety. The Joint Committee shall submit a notice
to that effect to the Secretary of State, and the notice shall be published
in the next available issue of the Illinois Register. The Secretary of
State shall refuse to accept for filing a certified copy of the proposed
rule, amendment, or repealer under the provisions of Section 5-65.
(g) If an agency refuses to modify or withdraw the proposed rule, amendment,
or repealer to remedy an objection stated by the Joint Committee,
it shall notify the Joint Committee in writing of its refusal and shall
submit a notice of refusal to the Secretary of State. The notice shall be
published in the next available issue of the Illinois Register. If the
Joint Committee decides to recommend legislative action in response to an
agency refusal, then the Joint Committee shall have drafted and introduced
into either house of the General Assembly appropriate legislation to
implement the recommendations of the Joint Committee.
(h) No rule, amendment, or repeal of a rule shall be accepted by the
Secretary of State for filing under Section 5-65, if the rulemaking is subject
to this Section, until after the agency has responded to the objections
of the Joint Committee as provided in this Section.
(Source: P.A. 90-372, eff. 7-1-98.)
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(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
Sec. 5-115. Other action by the Joint Committee.
(a) If the Joint Committee determines that the adoption and effectiveness
of a proposed rule, amendment, or repealer or portion of a proposed rule,
amendment, or repealer by an agency would be objectionable under any of the
standards for the Joint Committee's review specified in Section 5-100,
5-105, 5-110, 5-120, or 5-130 and would constitute a serious threat
to the public interest, safety, or welfare, the Joint Committee may
issue a statement to that effect at any time before the proposed rule,
amendment, or repealer takes effect. The statement may be issued by the
Joint Committee only upon the affirmative vote of three-fifths of the
members appointed to the Joint Committee. The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee. A certified copy of each
statement and withdrawal shall be transmitted to the proposing agency and to the Secretary
of State for publication in the next available issue of the Illinois Register.
(b) The proposed rule, amendment, or repealer or the portion of the proposed
rule, amendment, or repealer to which the Joint Committee has issued a
statement under subsection (a) shall not be accepted for filing by the
Secretary of State and shall not take effect unless the statement is withdrawn or a joint resolution is passed as provided in subsection (c). The agency may not enforce or
invoke for any reason a proposed rule, amendment, or repealer or any
portion thereof that is prohibited from being filed by this subsection.
(c) After the issuance
of a statement under subsection (a), any member of the General Assembly may introduce in
the General
Assembly a joint resolution stating that the General Assembly desires to discontinue the prohibition against the proposed rule, amendment, or repealer
or the portion thereof to which the statement was issued being filed and
taking effect. If the joint
resolution is not passed by both houses of the General Assembly within 180
days after receipt of the statement by the Secretary of State or the statement is not withdrawn as provided in subsection (a), the agency shall be prohibited from
filing the proposed rule, amendment, or repealer or the portion thereof and
the proposed rule, amendment, or repealer or the portion thereof
shall not take effect. The Secretary of State shall not accept for filing
the proposed rule, amendment, or repealer or the portion thereof with respect to which the Joint Committee has issued a statement under subsection (a) unless that statement is withdrawn or a joint resolution is passed as provided in this subsection. If the 180-day period expires before
passage of the joint resolution, the agency may not file the proposed rule,
amendment, or repealer or the portion thereof as adopted and it shall not
take effect.
(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer. If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
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(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
Sec. 5-120. Responsibilities of the Joint Committee with respect to
emergency, peremptory, and other existing rules.
(a) The Joint Committee may examine any rule to determine whether the rule
is within the statutory authority upon which it is based and whether the rule
is in proper form.
(b) If the Joint Committee objects to a rule, it shall, within 5 days
of the objection, certify the fact to the adopting agency and include within
the certification a statement of its specific objections.
(c) Within 90 days after receiving the certification, the agency shall
do one of the following:
(1) Notify the Joint Committee that it has elected to
| | amend the rule to meet the Joint Committee's objection.
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(2) Notify the Joint Committee that it has elected to
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(3) Notify the Joint Committee that it refuses to
| | amend or repeal the rule.
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(d) If the agency elects to amend a rule to meet the Joint Committee's
objections, it shall notify the Joint Committee in writing and shall initiate
rulemaking procedures for that purpose by giving notice as required by
Section 5-35. The Joint Committee shall give priority to rules
so amended when setting its agenda.
(e) If the agency elects to repeal a rule as a result of the Joint
Committee's objections, it shall notify the Joint Committee in writing of
its election and shall initiate rulemaking procedures for that purpose by
giving notice as required by Section 5-35.
(f) If the agency elects to amend or repeal a rule as a result of the
Joint Committee's objections, it shall complete the process within 180 days
after giving notice in the Illinois Register.
(g) Failure of the agency to respond to the Joint Committee's objections
to a rule within the time prescribed in subsection (c) shall constitute
a refusal to amend or repeal the rule.
(h) If an agency refuses to amend or repeal a rule to remedy an
objection stated by the Joint Committee, it shall notify the Joint Committee
in writing of its refusal and shall submit a notice of refusal to the Secretary
of State. The notice shall be published in the next available issue of the
Illinois Register. If the Joint Committee, in response to an agency
refusal, decides to suspend a rule adopted under Section 5-45 or 5-50, then it may do so pursuant to Section 5-125. Any member of the General Assembly may introduce legislation in the General Assembly to implement the recommendations of the Joint Committee concerning emergency, peremptory, and other existing rules.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
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(5 ILCS 100/5-125) (from Ch. 127, par. 1005-125)
Sec. 5-125. Other Joint Committee action with respect to emergency or
peremptory rulemaking.
(a) If the Joint Committee determines that a rule or portion of a rule
adopted under Section 5-45 or 5-50 is objectionable under any of the standards
for the Joint Committee's review specified in Section 5-100, 5-105, 5-110,
5-120, or 5-130 and constitutes a serious threat to the public interest,
safety, or welfare, the Joint Committee may issue a statement to that effect.
The statement may be issued by the Joint Committee only upon the affirmative
vote of three-fifths of the members appointed to the Joint Committee. The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee. A
certified copy of each statement and withdrawal shall be transmitted to the affected agency and
to the Secretary of State for publication in the next available issue of the
Illinois Register. Within 30 days of transmittal of the statement to the
agency, the agency shall notify the Joint Committee in writing whether it has
elected to repeal or amend the rule. Failure of the agency to notify the Joint
Committee and Secretary of State within 30 days constitutes a decision by the
agency to not repeal the rule.
(b) The effectiveness of the rule or the portion of a rule shall be
suspended immediately upon receipt of the certified
statement by the Secretary of State. The Secretary of State shall indicate
the suspension prominently and clearly on the face of the affected rule or
the portion of a rule filed in the Office of the Secretary of State. Rules
or portions of rules suspended under this subsection shall not become effective
again unless the statement is withdrawn as provided in subsection (a) or unless within 180 days from receipt of the statement by the
Secretary of State, the General Assembly discontinues the suspension
by joint resolution under subsection (c). The agency may not enforce, or invoke for any
reason, a rule or portion of a rule that has been suspended under this
subsection.
During the 180-day period, the agency may not file, and
the Secretary of State may not accept for filing, any rule that (i) has the
same purpose and effect as rules or portions of rules suspended under this
subsection or (ii) does not substantially address the statement issued under subsection (a), except as otherwise provided in this Section.
(c) After the issuance of
a statement under subsection (a), any member of the General Assembly may introduce in the General Assembly a joint resolution stating that the General Assembly
desires to discontinue the suspension of effectiveness of a rule or the portion
of the rule to which the statement was issued. If the joint resolution is not passed by both houses of the
General Assembly within the 180-day period provided in subsection (b) or the statement is not withdrawn, the
rule or the portion of the rule shall be considered repealed and the
Secretary of State shall immediately remove the rule or portion of a rule
from the collection of effective rules.
(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the rule, amendment, or repealer or portion of a rule, amendment, or repealer. If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
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(5 ILCS 100/5-130) (from Ch. 127, par. 1005-130)
Sec. 5-130.
Periodic review of existing rules.
(a) The Joint Committee shall evaluate the rules of each agency at least
once every 5 years. The Joint Committee by rule shall develop a schedule for
this periodic evaluation. In developing this schedule the Joint Committee
shall group rules by specified areas to assure the evaluation of similar rules
at the same time. The schedule shall include at least the following
categories:
(1) Human resources.
(2) Law enforcement.
(3) Energy.
(4) Environment.
(5) Natural resources.
(6) Transportation.
(7) Public utilities.
(8) Consumer protection.
(9) Licensing laws.
(10) Regulation of occupations.
(11) Labor laws.
(12) Business regulation.
(13) Financial institutions.
(14) Government purchasing.
(b) When evaluating rules under this Section, the Joint Committee's
review shall include an examination of the following:
(1) Organizational, structural, and procedural
| | reforms that affect rules or rulemaking.
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(2) Merger, modification, establishment, or abolition
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(3) Eliminating or phasing out outdated, overlapping,
| | or conflicting regulatory jurisdictions or requirements of general applicability.
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(4) Economic and budgetary effects.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-135) (from Ch. 127, par. 1005-135)
Sec. 5-135.
Administration of Act.
The Joint Committee may adopt
rules to administer the provisions of this Act relating to the Joint
Committee's responsibilities, powers, and duties under this Article 5.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-140) (from Ch. 127, par. 1005-140)
Sec. 5-140.
Reports to the General Assembly.
The Joint Committee shall
report its findings, conclusions, and recommendations, including suggested
legislation, to the General Assembly by February 1 of each year.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader, and
the Clerk of the House of Representatives, the President, the Minority
Leader, and the Secretary of the Senate, and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government Report
Distribution Center for the General Assembly as required under paragraph
(t) of Section 7 of the State Library Act.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-145) (from Ch. 127, par. 1005-145)
Sec. 5-145.
Request for adoption of rules.
(a) An agency shall, in accordance with Section 5-35, adopt rules that
implement recently enacted legislation of the General Assembly in a timely
and expeditious manner.
(b) Any interested person may request an agency to adopt, amend, or repeal a
rule. Each agency shall prescribe by rule the procedure for consideration and
disposition of the person's request. If, within 30 days after submission of a
request, the agency has not initiated rulemaking proceedings in accordance with
Section 5-35, the request shall be deemed to have been denied.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-146)
Sec. 5-146. Rule change; intellectual disability. Any State agency with a rule that contains the term "mentally retarded" or "mental retardation" shall amend the text of the rule to substitute the term "intellectually disabled" for "mentally retarded" and "intellectual disability" for "mental retardation", and shall make any other changes that may be necessary to conform to the changes made by this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 100/5-147)
Sec. 5-147. Rule change; physical disability. Any State agency with a rule that contains the term "crippled" or "crippling" to refer to a person with a physical disability shall amend the text of the rule to substitute the term "physically disabled" for "crippled" and "physical disability" or "physically disabling", as appropriate, for "crippling", and shall make any other changes that may be necessary to conform to the changes made by this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 100/5-150) (from Ch. 127, par. 1005-150)
Sec. 5-150.
Declaratory rulings.
(a) Requests for rulings. Each agency may in its discretion provide by
rule for the filing and prompt disposition of petitions or requests for
declaratory rulings as to the applicability to the person presenting the
petition or request of any statutory provision enforced by the agency or of
any rule of the agency. Declaratory rulings shall not be appealable. The
agency shall maintain as a public record in the agency's principal office
and make available for public inspection and copying any such rulings. The
agency shall delete trade secrets or other confidential information from
the ruling before making it available.
(b) Overlapping regulations.
(1) Any persons subject to a rule imposed by a State
| | agency and to a similar rule imposed by the federal government may petition the agency administering the State rule for a declaratory ruling as to whether compliance with the federal rule will be accepted as compliance with the State rule.
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(2) If the agency determines that compliance with the
| | federal rule would not satisfy the purposes or relevant provisions of the State law involved, the agency shall so inform the petitioner in writing, stating the reasons for the determination, and may issue a declaratory ruling to that effect.
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(3) If the agency determines that compliance with the
| | federal rule would satisfy the purposes and relevant provisions of the State law involved but that it would not satisfy the relevant provisions of the State rule involved, the agency shall so inform the petitioner and the Joint Committee on Administrative Rules, and the agency may initiate a rulemaking proceeding in accordance with Section 5-35 to consider revising the rule to accept compliance with the federal rule in a manner that is consistent with the purposes and relevant provisions of the State law.
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(4) If the agency determines that compliance with the
| | federal rule would satisfy the purposes and relevant provisions of the State law and the State rule involved, the agency shall issue a declaratory ruling indicating its intention to accept compliance with the federal rule as compliance with the State rule and the terms and conditions under which it intends to do so.
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(Source: P.A. 87-823.)
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(5 ILCS 100/5-155) (from Ch. 127, par. 1005-155)
Sec. 5-155.
References to this Act.
After the effective date of this
amendatory Act of 1991, when rules contain references to Sections of this
Act as they were numbered before the effective date of this amendatory Act
of 1991, agencies shall within one year amend those rules to change the
references to the Section numbers created by this amendatory Act of 1991.
The amendment may be adopted by filing with the Secretary of State for
publication in the Illinois Register a notice that lists the precise
regulatory citations of the obsolete statutory references that are being
revised and the new citation for each. Upon filing a notice, the agency
shall also certify to the Secretary of State a copy of each rule that
contains an amended citation for the Illinois Administrative Code. All such
certified rules shall be adopted and effective immediately upon filing.
(Source: P.A. 87-823.)
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(5 ILCS 100/5-160)
Sec. 5-160.
Certain provisions of the Illinois Public Aid Code control
over
provisions of
this Act. In the event that any provisions of this Act are in conflict with
the provisions of Section
4-2 of the Illinois Public Aid Code, the provisions of Section 4-2 of the
Illinois Public Aid Code
shall control.
(Source: P.A. 90-17, eff. 7-1-97.)
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(5 ILCS 100/5-165)
Sec. 5-165. Ex parte communications in rulemaking; special government
agents.
(a) Notwithstanding any law to the contrary,
this
Section applies to ex
parte communications made during the rulemaking process.
(b) "Ex parte communication" means any written or oral communication by any
person during the rulemaking period that imparts or requests
material
information
or makes a material argument regarding
potential action concerning an agency's general, emergency, or peremptory
rulemaking under
this Act and that is communicated to that agency, the head of that agency,
or any other employee of that agency.
For purposes of this Section, the rulemaking period begins upon the
commencement of the first
notice period with respect to general rulemaking under Section 5-40, upon the
filing of a
notice of emergency rulemaking under Section 5-45, or upon the filing of a
notice of rulemaking with respect to peremptory rulemaking under Section 5-50.
"Ex parte
communication" does not include the following: (i) statements by
a person publicly made in a public forum; (ii) statements regarding
matters of procedure and practice, such as the format of public comments, the
number of copies required, the manner of filing such comments, and the status
of a rulemaking proceeding; and (iii) statements made by a
State employee of that agency to the agency head or other employee of that
agency.
(c) An ex parte communication received by any agency, agency head, or
other agency
employee shall immediately be reported to that agency's ethics officer by the
recipient of the communication and by any other employee of that agency who
responds to the communication. The ethics officer shall require that the ex
parte communication promptly be made a
part of the record of the rulemaking proceeding. The ethics officer shall
promptly file the ex parte communication with the
Executive Ethics Commission, including all written
communications, all written responses to the communications, and a memorandum
prepared by the ethics officer stating the nature and substance of all
oral communications, the identity and job title of the person to whom each
communication was made,
all responses made, the identity and job title of the person making each
response,
the identity of each person from whom the written or oral ex parte
communication was received, the individual or entity represented by that
person, any action the person requested or recommended, and any other pertinent
information.
The disclosure shall also contain the date of any
ex parte communication.
(d) Failure to take certain actions under this Section may constitute a
violation as provided in Section 5-50 of the State Officials and Employees
Ethics Act.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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