Illinois Administrative Code

Section 245.EXHIBIT B Certificate of Failure to Meet the Requirements of Section 5-85(b) of the Illinois Administrative Procedure Act JOINT COMMITTEE ON ADMINISTRATIVE RULES CERTIFICATE OF FAILURE TO MEET THE REQUIREMENTS OF SECTION 5-85(b) OF THE ILLINOIS ADMINISTRATIVE PROCEDUR…

Section 250.100 Authority The Committee will review all agency rules on a periodic basis by the subject of the rules. Each set of rules of each agency will be evaluated during the course of this review at least once every five years. This review is mandated by Section 5-130 of th…

Section 250.1000 Initial Questions The Committee will request the agency to submit the following information on each set of rules being reviewed. The agency will be allowed at least 60 days to submit this information. a) A citation to the specific statute that authorizes each set…

Section 250.1100 Staff Review The staff of the Committee will review each set of rules. Such staff review will be based on the criteria in Section 250.1400. The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the a…

Section 250.1200 Public Hearings The Committee will hold one or more public hearings during the review of the rules in each subject to gather information and views from interested persons and groups, when it finds that such a hearing is necessary for a complete review of the rule…

Section 250.1300 Grouping of Rules The Committee may further group rules together by agency or category to facilitate the conduct of the review or to report the findings to the Committee. (Source: Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

Section 250.1400 Criteria for Review The Committee will consider these criteria in its review of each set of rules: a) Substantive 1) Is there legal authority for the rules? 2) Do the rules comply with the statutory authority and legislative intent on which it is based, or which …

Section 250.1500 Staff Report; Agency Response The staff will report the results of its review to the Committee. The staff report may include proposals for any of the types of action listed in Section 250.1700. Staff proposals shall be only advisory to the Committee and shall not…

Section 250.1600 Hearing on Staff Report The Joint Committee shall hold a hearing on each staff report. Such a hearing may be conducted as part of other hearings of the Committee. The agenda of the hearing will be published in the Register as provided in Section 5-90(a) of the Ac…

Section 250.1700 Actions Resulting from Review In response to problems in the rules discovered as a result of its review, the Committee may take any of these types of actions: a) Object to specific rules that were reviewed. Such objections to rules shall be made as discussed in S…

Section 250.1800 Objections If the Committee finds that a rule or a set of rules does not meet one or more of the criteria in Section 250.1400, it may object to the rule as provided in Section 5-120 of the Act. In five working days after the day of the hearing, the Committee will…

Section 250.1900 Agency Response to Objection a) The agency should respond to an objection issued by the Committee within 90 days after it receives the statement of specific objections. The agency response should address each of the specific objections stated by the Committee. Th…

Section 250.200 Relation to Other Reviews The five-year review of all agency rules discussed in this Part is in addition to the review of proposed rules of State agencies and other reviews of agency rules authorized by other provisions of the Act. (Source: Amended at 18 Ill. Reg.…

Section 250.2000 Failure to Respond a) Failure of an agency to respond to an objection to a rule within 90 days after the receipt of the objection shall be deemed to be a refusal to amend or repeal the rule. b) Failure of an agency to complete rulemaking started in response to an…

Section 250.2100 Recommendations If the Committee finds that a set of rules raises problems that require rulemaking or some other type of action by an agency, the Committee will recommend such action to the agency. In five working days after the day of the hearing, the Committee …

Section 250.2200 Legislation If an agency refuses to remedy an objection to a rule or set of rules, or fails to take recommended action, the Committee may draft legislation to address the problems. The legislation will be approved by a majority vote. It will then be introduced in…

Section 250.300 Subject Categories To insure that the Committee reviews similar rules at the same time (Ill. Rev. Stat. 1991, ch. 127, par. 1005-130) [5 ILCS 100/5-130], it will assign each set of rules to one of the categories listed in Sections 250.400 through 250.800. As new s…

Section 250.400 Schedule: First Year In the first year of each five-year review cycle the Committee will review all of the rules assigned to the category of Industry and Labor, including: a) Agricultural Regulation b) Business Regulation c) Consumer Protection d) Labor Laws e) Re…

Section 250.500 Schedule: Second Year In the second year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories: a) Education and Cultural Resources 1) Special Education 2) Vocational and Professional Education b) Financial…

Section 250.600 Schedule: Third Year In the third year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories: a) Education and Cultural Resources 1) Educational Grants and Scholarship Programs 2) Cultural Resources b) Emer…

Section 250.700 Schedule: Fourth Year In the fourth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories: a) Education and Cultural Resources 1) Higher Education 2) Elementary and Secondary Education b) Government Ma…

Section 250.800 Schedule: Fifth Year In the fifth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories: a) Education and Cultural Resources - Educational Facilities and Safety b) Government Management 1) Organization…

Section 250.900 Notice to Agencies At the beginning of each year of the review, the Committee will notify each agency whose rules will be reviewed during that year. Such notification will include the following information: a) The specific sets of rules assigned to the categories …

Section 255.10 Purpose In accordance with PA 88-535, the purpose of this Part is to insure that the electronically stored database of the Illinois Register and the Illinois Administrative Code (database) is made available in an electronically stored medium to those who request it…

Section 255.20 Procedures and Fees for Requesting Electronically Stored Data a) The Illinois Administrative Code, in its entirety and by individual Titles, and the Illinois Register shall be made available to the public, for a reasonable fee as established in subsection (e) below…

Section 260.100 Authority and Purpose a) The Joint Committee on Administrative Rules (Joint Committee) will review policies and rules of State agencies when it receives a written complaint concerning such policies or rules as provided in this Part. This review is authorized by Se…

Section 260.1000 Agency Response to Objection a) The agency shall respond to an objection issued by the Joint Committee within 90 days after receipt of the statement of specific objections. (Section 5-120 of the Act) The agency response shall address each of the specific objectio…

Section 260.1100 Agency Response to Recommendation a) The agency should respond to a recommendation 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 recommendations sta…

Section 260.1200 Analysis of Agency Response a) If the Joint Committee finds that the agency's actions do not adequately respond to an objection or recommendation, the Committee will notify the agency and submit a copy of such notification to the Administrative Code Division for …

Section 260.1300 Notice to Persons Making Complaint The Executive Director will notify the complainants, in writing, of the results of the Joint Committee review and the agency response. (Source: Amended at 18 Ill. Reg. 4705, effective March 14, 1994)

Section 260.200 Definitions a) The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part. b) For the purposes of this Part, a complaint consists of any written communication received by the Joint Committee that raises questions related to the cri…

Section 260.300 Items to be Included in Complaints a) Complaints should be sent to the Executive Director at the following address: Joint Committee on Administrative Rules 700 Stratton Building Springfield, Illinois 62706 b) Each complaint must include, at a minimum, the followin…

Section 260.350 Complaints Concerning Agency Rules Not Adopted Pursuant to the Illinois Administrative Procedure Act a) Agency rules that are not adopted in accordance with the procedures set forth in the Act are invalid and unenforceable. When the Joint Committee receives a comp…

Section 260.400 Staff Review The staff of the Joint Committee will review each complaint. The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency. The staff review will be based on the criteria in Section 26…

Section 260.500 Complaints About Policies Not in Rules (Repealed) (Source: Repealed at 10 Ill. Reg. 21687, effective May 1, 1987)

Section 260.600 Staff Report The staff shall report the results of its review to the Joint Committee at the next monthly meeting, provided there are at least 60 days between receipt of the complaint and the meeting. If there are fewer than 60 days, the rulemaking may be scheduled…

Section 260.650 Joint Committee Hearing A complaint may be placed on the agenda of the Joint Committee for consideration by any member of the Committee or by the Executive Director. Such action will be based upon evidence of possible problems with the rules in relation to the cri…

Section 260.700 Criteria for Review a) The Joint Committee will consider the following criteria in its review of a complaint based upon existing rules: 1) Substantive A) Does the agency have legal authority for the rules? B) Does the agency have rulemaking authority? C) Do the ru…

Section 260.800 Hearing by the Committee (Repealed) (Source: Repealed at 10 Ill. Reg. 21687, effective May 1, 1987)

Section 260.900 Objection; Recommendation a) Objection or Recommendation to Existing Rule 1) Objection A) If the Joint Committee finds that the rule does not meet one or more of the criteria in Section 260.700(a) of this Part, the Joint Committee may object to the rule pursuant t…

Section 260.950 Failure to Object or Issue Recommendation The failure of the Joint Committee to issue an objection or recommendation to an existing rule or agency rule not promulgated pursuant to the Act shall not be construed to imply approval of the rule or policy by the Joint …

Section 260.EXHIBIT A Certification of Objection to Existing Rules or Policies JOINT COMMITTEE ON ADMINISTRATIVE RULES CERTIFICATION OF OBJECTION TO EXISTING RULES OR POLICIES I, (Director's name), Executive Director of the Joint Committee on Administrative Rules, being first dul…

Section 260.ILLUSTRATION I Agency Response to Joint Committee Objection to Existing Rules (Repealed) (Source: Repealed at 10 Ill. Reg. 21687, effective May 1, 1987)

Section 300.100 Purpose Pursuant to Section 5-30 of the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30), the Business Development Bureau (Bureau) of the Department of Commerce and Community Affairs (Department) has the responsibility of p…

Section 300.200 Definitions "Impact" is the effect on small businesses resulting from rulemaking implemented by a state agency. This includes, but is not limited to, rulemaking pertaining to licensing/registration/permitting and grant/loan application processes. "Interested perso…

Section 300.300 Procedures (Repealed) (Source: Repealed at 17 Ill. Reg. 1511, effective January 26, 1993)

Section 300.400 Analysis Procedures a) The Secretary of State shall provide the Bureau with a copy of all proposed rulemakings. Whenever the Bureau believes that an analysis is warranted or whenever requested to do so by the Joint Committee on Administrative Rules (JCAR) or an in…