Illinois Administrative Code

Section 100.1020 Illinois Administrative Code The Illinois Administrative Code provides public access to all the rules of the state's agencies on file with the Office of Secretary of State. The Index Department will publish an annual Code. The Illinois Register serves as the week…

Section 100.1025 Public Domain 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 Ill…

Section 100.1030 State Property (Repealed) (Source: Repealed at 18 Ill. Reg. 13067, effective August 11, 1994) SUBPART K: MISCELLANEOUS

Section 100.110 Definitions The following definitions shall apply to this Part: "Act": The Illinois Administrative Procedure Act [5 ILCS 100]. Also referred to as the IAPA. "Administrative Code Division": A division of the Index Department of the Office of Secretary of State whic…

Section 100.1100 Recodification of Rules When an agency or the Index Department determines that, for public information and understanding or for better coordination of its rules, recodification is necessary, it shall follow the procedures as outlined in Section 100.1110. Parts or…

Section 100.1110 Notice of Recodification a) An agency recodifying its existing rules with no substantive changes is exempt from the notice requirements of Section 5-40 of the IAPA and from the publication of the full text of the rules. However, the agency shall be required to su…

Section 100.1115 Index Department Review of Recodified Rules The Index Department staff will review each recodified rule to check compliance with the specifications outlined in Section 100.545(b) and Appendix E, Illustration A. (Source: Amended at 18 Ill. Reg. 13067, effective Au…

Section 100.1120 Certificate of Review and Approval Prior to filing recodified rules with the Index Department, the agency must obtain a Certificate of Review and Approval from the Index Department (See Appendix E, Illustration C and Sections 100.450 and 100.550). Such Certificat…

Section 100.1130 Format for Register Publication of Notices of the Joint Committee on Administrative Rules a) The format for Register publication of JCAR Statements of Objection or Recommendation shall be as shown in Appendix E, Illustration E and as follows: 1) Under "Heading of…

Section 100.1140 Index Department Review of Other Notices and Materials Submitted for Register Publication The Index Department will review other Notices and materials submitted for Register publication to: a) determine whether they meet the publication requirements outlined in t…

Section 100.1150 Regulatory Agendas Pursuant to Section 5-60 of the IAPA, 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 which the agency is considering proposi…

Section 100.1160 Regulatory Flexibility Notice Pursuant to Section 5-30 of the Act, the Department of Commerce and Community Affairs may submit a Regulatory Flexibility Notice (100.Appendix E, Illustration G) for proposed rules which affect small businesses before the expiration …

Section 100.120 Agencies Covered All agencies of the executive, judicial and legislative branches of state government are subject to the rulemaking provisions of the IAPA except the Governor, the General Assembly, the Supreme and Appellate Courts and those agencies specifically e…

Section 100.1200 Availability a) Each state agency having rules on file in the Office of the Secretary of State, Index Department, the constitutional officers, and members of the Illinois General Assembly shall receive, upon request, one complimentary set of the Illinois Administ…

Section 100.1210 Fees a) The Illinois Administrative Code is available at a fee of $290.00 per set from the Index Department which covers publication and mailing costs, as specified in Section 5-80(f) of the IAPA. b) All requests for complete sets of the Illinois Administrative C…

Section 100.130 Illinois Administrative Code Organization a) The Illinois Administrative Code is arranged by five major divisions: Chapter, General Act, Part, Subpart, and Section. (See Section 100.110 for definitions of these divisions.) There are 67 Chapters within the Code, ea…

Section 100.140 Codification Outline The 67 Chapters of the Code are listed below. If an agency does not know where its rules appear in the Code outline, it must contact the Index Department, which maintains a detailed outline including Chapters, General Acts, Parts and the agenc…

Section 100.150 Notice of Codification Changes a) Style changes may be made by the Index Department in the codification of rules to: 1) facilitate the public's use of the Code, 2) comply with the requirements of the computer data base, or 3) bring previously filed codified rules …

Section 100.160 Deletion or Transfer of Rules In the event an agency is abolished, agencies are consolidated, or agencies are reorganized, the Index Department shall follow the procedures outlined in Section 5-80(d) of the IAPA. (Source: Amended at 18 Ill. Reg. 13067, effective A…

Section 100.170 Re-using Part or Section Numbers (Renumbered) (Source: Renumbered to Section 100.315 at 11 Ill. Reg. 724, effective January 1, 1987)

Section 100.180 Style Manual The Index Department has prepared a Style Manual to aid agencies in the rulemaking process. Copies of the Style Manual may be obtained by contacting the following address: Index Department 111 E. Monroe Street Springfield, IL 62756 (217) 782-7017 (Sou…

Section 100.200 Publication Schedule and Deadline a) The Index Department publishes and distributes the Illinois Register on Friday of each week. However, if Friday is a state holiday, the Register is published and distributed on the next work day. b) Pursuant to the provisions o…

Section 100.210 Contents Each issue of the Illinois Register will contain a table of contents by agency in alphabetical order within the following categories (not necessarily in this exact order): a) Proposed rules b) Adopted rules c) Emergency rules d) Peremptory rules e) Public…

Section 100.220 Publication Requirements a) All documents submitted for publication shall meet the following requirements: 1) Each document shall be typewritten on 8½ x 11 inch white paper and shall be single-spaced. One American National Standard Code for Information Interchange…

Section 100.225 Cover Letter A cover letter shall accompany all documents submitted to the Index Department. This letter shall specify the material being submitted and the reason for submission (publication, filing, or review) (See also Section 100.510). (Source: Amended at 18 Il…

Section 100.230 Publication of Materials Incorporated by Reference Standards, guidelines or rules incorporated by reference into an agency's rules (see Section 100.385) shall not be published in the Illinois Register. (Source: Amended at 17 Ill. Reg. 10414, effective July 1, 1993…

Section 100.240 Notices of Corrections a) At the agency's request, the Index Department will publish a Notice of Corrections to Proposed Rulemaking in the Illinois Register to inform all interested parties of any technical deficiencies in an agency's proposed rules, such as typog…

Section 100.250 Expedited Corrections a) A Request for Expedited Correction of Adopted Rules may be forwarded by JCAR to the (See 1 Ill. Adm. Code 100.Appendix B, Illustration G) The request must be accompanied by the complete text of the affected Section(s), indicating both the …

Section 100.260 Indexes a) The Index Department prepares an annual publication consisting of both the Cumulative and Sections Affected indexes for all codified rules appearing in the Illinois Register. The indexes will be distributed to all persons subscribing to the Illinois Reg…

Section 100.270 Illinois Register Availability a) Subscriptions 1) All agencies required to file rules under the Illinois Administrative Procedure Act and members of the Illinois General Assembly will, upon request, receive one subscription to the Illinois Register exempt from fe…

Section 100.280 Fees a) Fees charged by the Index Department for the materials in Sections 100.260 and 100.270 shall not exceed the costs of the publication and mailing of the materials. Current fees for the Illinois Register materials cited in these Sections appear on the order …

Section 100.290 Uncodified Rules (Repealed) (Source: Repealed at 8 Ill. Reg. 19831, effective October 1, 1984) SUBPART C: RULE DRAFTING REQUIREMENTS

Section 100.300 Headings a) All rules submitted to the Index Department for publication in the Illinois Register must have the Register page header and the type of action statement on each page pursuant to Section 100.220(a)(2) and (c) and the Appendices. (For a definition of "Pa…

Section 100.310 Table of Contents a) At the beginning of each Part shall be a table of contents which shows the applicable headings for Sections and Subparts, as specified in Section 100.300(c), in numerical order. 1) If the Part has Subparts, the word SUBPART, its label, followe…

Section 100.315 Re-using Part or Section Numbers After a Part has been filed with the Index Department and the Part is repealed in its entirety or recodified to another Part number, the Part number involved shall not be used again for a period of two years if the subject matter h…

Section 100.320 Authority Note a) Each Part adopted shall include an authority note. The authority note shall indicate both of the following types of authorities in the order in which they are listed below: 1) Authority being implemented The specific state statutes, federal laws …

Section 100.330 Source Notes a) Each Part adopted in compliance with this Part shall include appropriate source notes. The two types of source notes are: main source notes and Section source notes. 1) The main source note shall indicate the location in the Illinois Register of th…

Section 100.335 Automatic Repeal of Rules a) An agency may provide for the automatic repeal of a rule by specifying in the text the date (including month, day and year) of the automatic repeal. 1) Such Automatic repeal shall not be used to repeal or amend existing Sections on fil…

Section 100.340 Text of the Part; Subsections a) The text of each Part submitted for either publication or for filing shall be single-spaced. However, a double-space shall appear between the Section heading and the first line of text and shall appear between the last line of one …

Section 100.345 Renumbering Sections within a Part No more than six (6) Sections can be renumbered within a Part without being recodified. When renumbering Sections within a Part: a) The Part's table of contents shall show the following: 1) If no text remains at the Old Section n…

Section 100.350 Supplementary Material a) Tabular materials, illustrations, diagrams, figures and other supplementary material included in a Part should be placed at the end of the Part and labeled as Appendices, Exhibits, Illustrations or Tables. Such materials should be used on…

Section 100.355 Underlying Data a) For the purpose of this Part, underlying data is defined as any data, including written information or material, statistics, measurements, calculations or other information used as the basis for reasoning, recommendation or conclusions, includin…

Section 100.360 Proper Format Examples of the proper format for adopting codified rules are contained in the Style Manual. (Source: Amended at 17 Ill. Reg. 10414, effective July 1, 1993)

Section 100.370 Citation of Codified Rules a) Each Part adopted in compliance with the codification system has a unique Code citation (that is, no two Parts can be cited exactly the same way). Within the text of a Part: if another unit of that Part is cited, the unit is specified…

Section 100.380 Statutory Language and Statutory Citations a) Rules shall not unnecessarily repeat statutory language. Whenever it is necessary to repeat or paraphrase statutory language in a rule, it shall appear in distinguishing type. Italic type is expressly reserved for stat…

Section 100.385 Incorporation by Reference; Citation of Referenced Material a) An agency may incorporate by reference standards, regulations or rules of an agency of the United States or of a nationally or state recognized organization or association, pursuant to Section 5-75 of …

Section 100.390 Footnotes; Agency Notes; Editor's Notes a) Footnotes An agency may include with its rules, as footnotes, the citations and brief digests of court cases and Attorney General's opinions. Footnotes shall be numbered in sequence, and the text of such footnotes shall b…