Illinois Administrative Code

Section 100.420 Text of Proposed Rules The text of proposed rules (see Section 100.220) shall begin on the next page following the last line of information required in Appendix A, Illustration A, shall contain the Register headings, the agency name and the action heading, i.e. NO…

Section 100.430 Notice of Corrections The Index Department shall, at the agency's request, publish Notices of Corrections in the Register. Such Notices shall be prepared by the agency. Please refer to Section 100.240 and 100.250 for further information concerning Notices of Corre…

Section 100.440 Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule a) When an agency elects to modify or withdraw, or refuses to modify or withdraw a proposed rule in response to the objections of JCAR, the agency shall submit a Notice of Modification, Wi…

Section 100.445 Requirements for Submitting Materials for Register Publication a) All materials submitted for publication must meet the requirements specified in Section 100.220. b) All materials submitted for publication must be accompanied by a cover letter. (See Section 100.22…

Section 100.450 Index Department Review of Proposed Rules a) The Index Department staff will review all proposed rules to ensure that publication requirements as outlined in this Part have been met. If corrections are necessary to produce the Register from the Legislative Informa…

Section 100.500 Requirements for Filing a) All rules, amendments or repealers shall be typewritten (or produced on word processing or computer equipment) on plain 8½ x 11 inch, three-hole punched loose-leaf white paper, suitable for being placed in a standard loose-leaf binder fo…

Section 100.510 Other Documents Required for Filing Adopted Rules a) Each adopted rule submitted by an agency to the Code Division for filing and publication shall be accompanied by the following: 1) An agency certification (See 100.Appendix B, Illustration C); 2) A JCAR Certific…

Section 100.520 Requirements for Illinois Register Publication An agency submitting adopted rules, amendments or repealers for Illinois Register publication shall follow the procedures outlined in Section 100.Subpart B. (Source: Amended at 11 Ill. Reg. 724, effective May 1, 1987)

Section 100.530 Notice of Adopted Rules a) Each adopted rule submitted for Register publication shall be part of a Notice of Adopted Rules (Amendments, Repealers) (see Appendix B, Illustration A) at the beginning of which the information listed in subsections (a)(1) through (15) …

Section 100.540 Text of Adopted Rules a) The text of the adopted rules shall begin on the next page following the last line of information required on the Notice by Section 100.530(a)(1) through (16) and Appendix B, Illustration A, shall contain the Register headings, the agency …

Section 100.545 Index Department Review of Adopted Rules The Index Department staff will review all adopted rules, amendments and repealers for publication, filing, and codification requirements upon the agency's submission of the material to the Index Department following the en…

Section 100.550 Certificate of Review and Approval a) Following the expiration of the second notice period, the agency shall submit a copy of both the Register and file copies of the final version of the rule for review by the Index Department at least five (5) working days prior…

Section 100.600 Filing; Agency Certification Emergency rules shall be filed with the Index Department as provided in this Subpart, Sections 100.220, 100.500, 100.510, and 100.540 of this Part and Section 5-45 of the IAPA. When an agency files an emergency rule, a situation must e…

Section 100.610 Notice of Emergency Rules a) Each emergency rule submitted for publication in the Illinois Register shall include a Notice of Emergency Rules (Amendments, Repealers) (see 100.Appendix C, Illustration A) at the beginning of which the information listed in subsectio…

Section 100.620 Text of Emergency Rules The text of emergency rules shall begin on the next page following the last line of information required on the Notice by 100.Appendix C, Illustration A, shall contain the Register headings, the agency name and the action heading NOTICE OF …

Section 100.630 File Copy of Emergency Rules Each emergency rule submitted for filing shall follow the procedures for adopted rules as specified in Sections 100.500 and 100.510; however, immediately under the Section number of each affected Section shall be the word EMERGENCY in …

Section 100.640 Effectiveness a) Pursuant to Section 5-45 of the IAPA, an emergency rule may be in effect for not longer than 150 days. No emergency rule may be adopted more than once in any 24-month period except as noted in Section 5-45 of the Act. 1) If the agency involved doe…

Section 100.650 Adoption as a Permanent Rule An agency may adopt an emergency rule pursuant to Section 5-45 of the Act while simultaneously proposing the rule for permanent adoption. This proposed rule is subject to the general rulemaking procedures as outlined in this Part. If t…

Section 100.655 Index Department Review of Emergency Rules The Index Department will review emergency rules (amendments, repealer) in accordance with the specifications listed in Section 100.545 with the following addition: The word EMERGENCY must appear immediately under the Sec…

Section 100.660 Certificate of Review and Approval Emergency rules should be submitted to the Index Department for review five (5) working days prior to the date the emergency rule is to take effect. If time requires, however, the emergency rule may be filed and published to beco…

Section 100.670 Modification of an Emergency Rule a) To modify an emergency rule in response to an objection issued by JCAR, the agency must submit to the Index Department one ASCII format file or an acceptable word processing program on a 3½ inch disc, one original and two paper…

Section 100.680 Repeal of an Emergency Rule If an emergency rule must be repealed before the end of the 150 day period (other than by means of a specified expiration date specified on the original Notice of Emergency Rules (Amendments, Repealer), the repeal must be an emergency r…

Section 100.700 Submission; Agency Certification If an agency is required by federal law, federal rules or a court order to adopt a rule, an amendment to a rule or a repealer under conditions which preclude it from complying with the general rulemaking procedures as outlined in t…

Section 100.710 Notice of Peremptory Rules a) Each peremptory rule submitted for Register publication shall include a Notice of Peremptory Rules (Amendments, Repealers) (see 100.Appendix D, Illustration A) at the beginning of which shall appear the information listed in subsectio…

Section 100.720 Text of Peremptory Rules The text of peremptory rules submitted for Register publication shall begin on the next page following the last line of the information required by Appendix D, Illustration A and shall include: a) If the peremptory rule is a new Part: the …

Section 100.730 File Copy of Peremptory Rules Peremptory rules submitted for filing with the Secretary of State shall follow the procedures as outlined in Sections 100.500 and 100.510.

Section 100.735 Index Department Review of Peremptory Rules The Index Department will review peremptory rules (amendments, repealer) in accordance with the specifications listed in Section 100.545. (Source: Amended at 18 Ill. Reg. 13067, effective August 11, 1994)

Section 100.740 Certificate of Review and Approval Agencies should submit peremptory rules to the Index Department for review at least five (5) working days before the rules are to become effective. If time requires, however, a peremptory rule will be filed and published to becom…

Section 100.800 Requirements a) Each agency shall adopt rules on the following pursuant to Section 5-15 of the Act: 1) a description of the current organization of the agency including charts of such organization; 2) procedures on public access to subjects, programs, and activiti…

Section 100.810 Effectiveness; Exemption from Notice Rules filed pursuant to this Subpart become effective upon filing with the Index Department, and may be adopted, amended, or repealed without the Notice of Proposed Rules (Amendments, Repealer). Agencies shall submit a copy of …

Section 100.815 Index Department Review of Internal Rules The Index Department will review all internal rules (amendments, repealers) for compliance with the filing, codification, and publication requirements pursuant to Section 100.545. (Source: Amended at 18 Ill. Reg. 13067, ef…

Section 100.820 Certificate of Review and Approval Each internal rule submitted to the Index Department for filing and for Register publication shall be issued the signed Certificate of Review and Approval (100.Appendix B, Illustration C), indicating that the codification, filing…

Section 100.900 Certified Statements from Joint Committee on Administrative Rules If JCAR prohibits the filing of a proposed rule or suspends an emergency or peremptory rule, pursuant to Sections 5-115 and 5-125 of the Act, it shall submit a certified statement prohibiting the ru…

Section 100.910 Prohibition of the Filing of Rules a) Proposed rules shall not be filed by the Secretary of State for at least 180 days after receipt of the certified statement from JCAR prohibiting the filing. The effectiveness of emergency or peremptory rules shall be suspended…

Section 100.920 Continuation of Prohibition Passage of a joint resolution by the General Assembly to continue the prohibition (within the 180-day period) shall have the effect of permanently prohibiting the agency from filing the proposed rule(s). In the event of emergency or per…

Section 100.APPENDIX D Peremptory Rules

Section 100.ILLUSTRATION A Notice of Proposed Rules For detailed information on this Notice, please refer to Section 100.410. ILLINOIS REGISTER (AGENCY NAME) NOTICE OF PROPOSED RULES 1) Heading of the Part: 2) Code Citation: 3) Section Numbers: Proposed Action: 4) Statutory Autho…

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…