Illinois Administrative Code

Section 75.120 Development of Rules Rules of the Joint Committee on Administrative Rules are developed by the Joint Committee members or by the Joint Committee staff under the specific direction of the Joint Committee.

Section 75.130 Consideration by Joint Committee Draft rules or amendments to rules are placed on the Joint Committee agenda for consideration by the Joint Committee. At the hearing, the Joint Committee votes on whether or not to formally propose the rules by publication in the Il…

Section 75.140 Public Comments All public or agency comments submitted on proposed Joint Committee rules are presented to the Joint Committee for consideration. The staff of the Joint Committee may recommend changes in the proposed rules based on comments received.

Section 75.150 Special Hearing The Joint Committee may hold a special hearing for the purpose of receiving comments on the proposed rules, and may appoint a member of the staff to serve as a hearing officer to conduct such a hearing. Views presented at such a hearing will be pres…

Section 75.160 Adoption Following expiration of the required 45 day notice period, the Joint Committee places the proposed rules on its agenda for consideration of any recommended changes, public and agency comments, and whether or not to adopt the rules. Adoption of rules is by …

Section 75.170 Filing Rules adopted by the Joint Committee are filed with the Office of the Secretary of State and published as adopted rules in the Illinois Register as provided in Sections 5 and 6 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, pars…

Section 75.20 Meetings of the Joint Committee All hearings of the Joint Committee on Administrative Rules are open to the public. The Joint Committee will accept and consider written comments submitted by members of the public on proposed rules as provided in 1 Ill. Adm. Code 220…

Section 75.210 Composition of Joint Committee The Joint Committee on Administrative Rules consists of sixteen members of the Illinois General Assembly. Members are appointed by the leadership of the General Assembly in August of each odd-numbered year as provided in Section 7.02(…

Section 75.220 Officers The officers of the Joint Committee, including the Chairman, First Vice-Chairman, Second Vice-Chairman and Secretary, are elected in September of each odd-numbered year by the members of the Joint Committee as provided in Section 7.02(b) of the Illinois Ad…

Section 75.230 Personnel Committee The officers of the Joint Committee collectively serve as the Personnel Committee of the Joint Committee and review and approve decisions by the Executive Director concerning the employment and compensation of staff of the Joint Committee.

Section 75.240 Appointment of Executive Director As provided in Section 7.02(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1007.02(d)), the Executive Director of the Joint Committee is appointed by the members of the Joint Committee.

Section 75.250 Duties of Executive Director The Executive Director serves as the director of the staff of the Joint Committee and is responsible for the employment and setting of the compensation of necessary professional, technical and secretarial staff as directed by the Joint …

Section 75.260 Duties of Staff The duties and organization of the staff of the Joint Committee are established by the Executive Director as directed by the Joint Committee.

Section 75.270 Organization The Joint Committee staff is organized into an Operations Division and an Administrative Division. The Operations Division is further organized into a Rules Review Section and a Compliance and Monitoring Section. This organizational structure and the b…

Section 75.280 Personnel Chart The specific personnel positions authorized by the Joint Committee and their organizational and supervisory relationships are presented in the Personnel Organization Chart shown in Appendix B.

Section 75.290 Availability A description of the specific responsibilities and duties of each of the personnel positions of the Joint Committee staff is maintained in the Office of the Joint Committee and is available for public inspection.

Section 75.295 Office Location The Office of the Joint Committee is located in 509 S. 6th Street, Room 500, in Springfield, Illinois.

Section 75.30 Submission of Complaints Interested persons or groups may submit complaints regarding existing rules to the Joint Committee. Complaints should be addressed to Joint Committee members or the Executive Director, Joint Committee on Administrative Rules, 509 S. 6th Stre…

Section 75.40 Comments from the Public The Joint Committee will encourage members of the public to submit comments on proposed rules directly to the proposing agency as provided in Section 5(a)2 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 100…

Section 75.50 Petition to Joint Committee by Public Members of the public may petition the Joint Committee for adoption, modification or repeal of the rules of the Joint Committee as provided under Section 8 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. …

Section 75.60 Obtaining Other Information Other information about the operation and programs of the Joint Committee on Administrative Rules may be obtained by addressing specific questions to the Executive Director, Joint Committee on Administrative Rules, 509 S. 6th Street, Room…

Section 75.APPENDIX B Personnel Organization Chart SUBPART A: PUBLIC INFORMATION

Section 76.100 Summary and Purpose a) This Part states the policy of the Joint Committee on Administrative Rules (JCAR) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality. b) This Part: 1) …

Section 76.105 Definitions Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part: "Act" means the Illinois Administrative Procedure Act [5 ILCS 100]. "Age…

Section 76.200 Records that Will Be Disclosed Upon request meeting the requirements of this Part, JCAR shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 76.205 or 76.210. Records covered under this Secti…

Section 76.205 Records that Will Be Withheld from Disclosure a) For exemptions from FOIA that are stated in FOIA, see Section 7(1) of the Act. b) A record that is not in the possession of JCAR but is in the possession of a party with whom JCAR has contracted to perform a governme…

Section 76.210 Statutory Exemptions For exemptions from FOIA that are stated in other statutes, see Section 7.5 of the Act. SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY

Section 76.300 Submittal of Requests for Records a) Any request for public records should be submitted in writing to the FOI Officer at JCAR. b) JCAR has one FOI Officer, located in Springfield. c) Contact information for each FOI Officer can be found online at www. Illinois.gov/…

Section 76.305 Information To Be Provided in Requests for Records A request for records should include: a) The complete name, mailing address and telephone number of the requester; b) As specific a description as possible of the records sought. Requests that JCAR considers unduly…

Section 76.310 Requests for Records for Commercial Purposes a) It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by JCAR. (Section 3.1(c) of FOIA) b) JCAR shall…

Section 76.315 Records Maintained Online a) Notwithstanding any provision of FOIA to the contrary, a public body is not required to copy a public record that is published on the public body's website. The public body shall notify the requester that the public record is available …

Section 76.400 Timeline for Agency Response a) Except as stated in subsection (b) or (c), JCAR will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or deny …

Section 76.405 Requests for Records that the Agency Considers Unduly Burdensome a) JCAR will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden JCAR, there is no way to narrow the request, and the burden on JC…

Section 76.410 Recurrent Requesters a) Notwithstanding any provision of this Part to the contrary, JCAR will respond to a request from a recurrent requester, as defined in Section 76.105, within 21 business days after receipt. The response shall: 1) provide to the requester an es…

Section 76.415 Requests for Records that Require Electronic Retrieval a) A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records. b) JCAR will retrieve a…

Section 76.420 Denials of Requests for Records a) JCAR will deny requests for records when: 1) Compliance with the request would unduly burden JCAR, as determined pursuant to Section 76.405, and the requester has not reduced the request to manageable proportions; or 2) The record…

Section 76.425 Requests for Review of Denials − Public Access Counselor a) A person whose request to inspect or copy a record is denied by JCAR may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days …

Section 76.430 Circuit Court Review A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

Section 76.435 Administrative Review A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III]. An action for administrative re…

Section 76.500 Inspection and Copying of Records a) JCAR may make available records for personal inspection at its office located in Springfield, or at another location agreed to by both JCAR and the requester. No original record shall be removed from State-controlled premises ex…

Section 76.505 Fees for Records a) In accordance with Section 76.510, unless a fee is otherwise fixed by statute, JCAR will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A. b) In calculating its actual cost for r…

Section 76.510 Reduction and Waiver of Fees a) Fees may be reduced or waived by JCAR if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. In making this determination, JCAR will consider the fo…

Section 76.APPENDIX A Fee Schedule for Duplication and Certification of Records TYPE OF DUPLICATION FEE (PER COPY) Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies No charge Paper copy from original, in excess of 50 copies o…

Section 150.10 Access to Legislative Information System Information For information concerning access to Legislative Information System information, see 3 Ill. Adm. Code 600. SUBPART B: PROCEDURES FOR ENACTMENT OF RULES

Section 150.105 Introduction The Legislative Information System has adopted the following internal rules governing the procedures for the enactment of rules pursuant to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15).

Section 150.110 Initiation a) Proposals for the adoption or enactment of new rules, the amendment of existing rules, the repeal of a rule or the technical alteration of rules may be proposed by any agency employee, member of the general public or System member. All such proposals…

Section 150.120 Enactment a) The Executive Director shall prepare an evaluation of the impact of the proposed rule and may send, return or remand any proposal to any employee of the agency for study, amendment, clarification, advise, counsel or assistance. b) Upon completion of t…