Illinois Administrative Code

Section 210.100 Definitions Act means the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100]. Administrative Code Division or Code Division means the unit of the Office of the Secretary of State Index Department that publishes …

Section 210.150 Effect of Publication in the Illinois Register Every rule or rulemaking published in the Illinois Register is subject to review by the Joint Committee regardless of any assertion by the agency to the contrary. (Source: Added at 10 Ill. Reg. 21709, effective May 1,…

Section 210.200 Joint Committee Function The Joint Committee will fulfill its function of promoting adequate and proper rules by agencies and understanding on the part of the public respecting those rules and its responsibility to review rules and rulemaking. (Ill. Rev. Stat. 199…

Section 210.300 Consultation with Agencies Some agencies may have some problems implementing or complying with the rulemaking procedures of the Act. The Joint Committee and its staff will discuss these types of problems with agencies. Such consultation will be used to advise agen…

Section 210.400 Coordination with the Administrative Code Division a) The Administrative Code Division has the responsibility under the Act to keep on file rules promulgated by agencies and to publish the Illinois Register and the Illinois Administrative Code. The Joint Committee…

Section 210.450 Publication of Notice and Hearing Dates Each week the Committee will submit for publication in the Illinois Register a list of the second notices received and accepted during the preceding week. The list will include the date on which the notice was received and t…

Section 210.500 Use of Subpoenas a) The Joint Committee may issue a subpoena pursuant to Section 5-95(b) of the Act. The Joint Committee will issue a subpoena for reasons such as the following: 1) the agency refuses to appear before a Joint Committee hearing; 2) the agency refuse…

Section 220.1 Definitions (Renumbered) (Source: Section 220.1 renumbered to Section 220.100 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.10 Objection: Notice of No Objection (Renumbered) (Source: Section 220.10 renumbered to Section 220.1000 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.100 Definitions The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part. Final Regulatory Flexibility Analysis means the statement, prepared by the agency pursuant to Section 5-40(c) of the Illinois Administrative Procedure Act (Act…

Section 220.1000 Joint Committee Action a) Objection 1) If the Joint Committee finds that the proposed rule or rulemaking does not meet one or more of the criteria in Section 220.900 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-110 of the…

Section 220.11 Certification of Objection; Statement of Specific Objections (Renumbered) (Source: Section 220.11 renumbered to Section 220.1100 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1100 Adoption of Rules a) The agency may adopt a proposed rulemaking pursuant to Section 5-65 of the Act in the following circumstances: 1) The 45 day or agreed upon notice period subsequent to the filing of second notice has expired; 2) The agency has received a Cert…

Section 220.1150 Failure to Object or Issue a Recommendation The failure of the Joint Committee to issue an objection or recommendation to a proposed rulemaking shall not be construed to imply approval of the proposed rulemaking by the Joint Committee or the General Assembly (Ill…

Section 220.12 Response to Objection: Deadline, Format (Renumbered) (Source: Section 220.12 renumbered to Section 220.1200 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1200 Agency Response to Objection a) The agency shall respond to an objection which is issued by the Joint Committee within 90 days after receipt of the statement of objection. The response shall be made in writing, in the manner shown in Exhibit I of this Part, and s…

Section 220.1250 Agency Response to Recommendation a) The agency should respond to a recommendation that is issued by the Joint Committee within 90 days after receipt of the statement of specific recommendations. The agency response should address each of the specific recommendat…

Section 220.13 Response to Objection: Manner (Renumbered) (Source: Section 220.13 renumbered to Section 220.1300 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1300 Analysis of Agency Response a) If the Joint Committee finds that the agency's response to an objection or recommendation is not adequate, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for publicati…

Section 220.1350 Certification of Filing Prohibition; Statement of Specific Objections (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.14 Review of Response to Objection (Renumbered) (Source: Section 220.14 renumbered to Section 220.1400 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1400 Review of Response to Objection (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.15 Failure to Respond (Renumbered) (Source: Section 220.15 renumbered to Section 220.1500 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.150 Effect of Publication in the Illinois Register Every proposed rulemaking, modification or repeal published in the Illinois Register shall be subject to review by the Joint Committee pursuant to Section 5-40 of the Act regardless of any assertion by the agency to t…

Section 220.1500 Failure to Respond (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.16 Limit of Substantive Changes (Renumbered) (Source: Section 220.16 renumbered to Section 220.1600 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1600 Limit of Substantive Changes (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.17 Recommend Legislation (Renumbered) (Source: Section 220.17 renumbered to Section 220.1700 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.1700 Recommend Legislation (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.2 Preliminary Review (Renumbered) (Source: Section 220.2 renumbered to Section 220.200 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.200 Preliminary Review a) Prior to or during the first 5 days after the publication of the first notice in the Illinois Register, the agency may submit to the Joint Committee a written request for a preliminary review of the proposed rulemaking. b) The written request…

Section 220.250 Joint Committee Request for Agency Hearing a) Within the first 14 days after the publication of the first notice in the Illinois Register, the Co-Chairmen or the Director may request, in writing, the agency proposing the rulemaking to hold a public hearing pursuan…

Section 220.275 State Mandates Act Requirements a) 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 (Ill. Rev. Stat. 1991, ch. 85, par. 2201 et seq.) [30 ILCS 805]…

Section 220.285 Small Business, Not For Profit Corporation and Small Municipality Flexibility Requirements a) 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, …

Section 220.3 Request for Economic Analysis (Renumbered) (Source: Section 220.3 renumbered to Section 220.300 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.300 Economic and Budgetary Effects Analysis a) Within the first 30 days after the publication of the first notice, the Joint Committee may request from the agency an analysis of the economic and budgetary effects of the proposed rulemaking pursuant to Section 5-40(c) …

Section 220.4 Format of Economic Analysis (Renumbered) (Source: Section 220.4 renumbered to Section 220.400 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.400 Format of Economic Analysis (Repealed) (Source: Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.450 Small Business Impact Analysis a) Within the first notice period, the Department of Commerce and Community Affairs (DCCA) shall prepare and submit to the Joint Committee an impact analysis of the proposed rule describing its effect on small businesses, whenever DC…

Section 220.5 Second Notice: Required Information (Renumbered) (Source: Section 220.5 renumbered to Section 220.500 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.500 Second Notice Procedures a) Filing of Second Notice 1) The second notice shall be clearly identified as such, and shall be submitted to the Director at the following address: Joint Committee on Administrative Rules 700 Stratton Building Springfield, Illinois 62706…

Section 220.6 Second Notice: Additional Information (Renumbered) (Source: Section 220.6 renumbered to Section 220.600 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.600 Required Contents of Second Notice a) Submission of Second Notice A second notice that contains the information specified in subsections (1) through (14) of this subsection (a) will be accepted by the Joint Committee. A second notice that does not include the info…

Section 220.7 Staff Review (Renumbered) (Source: Section 220.7 renumbered to Section 220.700 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.700 Staff Review a) Subsequent to the acceptance of a second notice pursuant to Section 220.500 and 220.600 of this Part, the Joint Committee staff will review the proposed rulemaking, including the notice and the text, pursuant to the criteria in Section 220.900 and …

Section 220.760 Incorporation by Reference Pursuant to Section 5-75 of the Act a) An agency may incorporate by reference rules, regulations, standards or guidelines of an agency of the United States or a nationally or state recognized organization or association without publishin…

Section 220.780 Incorporation by Reference Pursuant to Section 6.02(b) of the Act (Repealed) (Source: Repealed at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.8 Committee Hearing (Renumbered) (Source: Section 220.8 renumbered to Section 220.800 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.800 Joint Committee Hearing a) The Joint Committee will hold full and open hearings on proposed rulemakings. The agenda for such hearings will be submitted for publication in the Illinois Register prior to the hearing. Items not included in the published agenda may al…

Section 220.9 Criteria for Review (Renumbered) (Source: Section 220.9 renumbered to Section 220.900 at 5 Ill. Reg. 5164, effective May 15, 1981)