Section 230.1  Basic Policy (Renumbered)

 

(Source:  Section 230.1 renumbered to Section 230.100 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.2  Definition (Renumbered)

 

(Source:  Section 230.2 renumbered to Section 230.200 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.3  Staff Review (Renumbered)

 

(Source:  Section 230.3 renumbered to Section 230.300 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.4  Primary Criteria for Review (Renumbered)

 

(Source:  Section 230.4 renumbered to Section 230.400 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.5  Secondary Criteria for Review (Renumbered)

 

(Source:  Section 230.5 renumbered to Section 230.500 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.6  Objection (Renumbered)

 

(Source:  Section 230.6 renumbered to Section 230.600 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.7  Certification of Objection; Statement of Specific Objections (Renumbered)

 

(Source:  Section 230.7 renumbered to Section 230.700 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.8  Response to Objection:  Format (Renumbered)

 

(Source:  Section 230.8 renumbered to Section 230.800 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.9  Response to Objection:  Manner (Renumbered)

 

(Source:  Section 230.9 renumbered to Section 230.900 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.10  Failure to Respond (Renumbered)

 

(Source:  Section 230.10 renumbered to Section 230.1000 at 5 Ill. Reg. 5164, effective May 15, 1981)

 

Section 230.100  Basic Policy

 

a)         The fact that situations occur in which agencies must take prompt action to adopt rules is recognized by the Joint Committee on Administrative Rules (Joint Committee) and the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100]. In some of these instances, emergency rules must be adopted under the process provided for this purpose by Section 5-45 of the Act. However, the Joint Committee believes that public notice and comment is an essential part of the rulemaking process, which should only be by-passed for very serious reasons. The use of the emergency rulemaking process must be limited to situations that reasonably constitute a threat to the public interest, safety or welfare, and that require the adoption of rules upon fewer days' notice than is required by Section 5-40 of the Act.

 

b)         The Joint Committee is empowered by Section 5-120 of the Act to examine any rule. The Joint Committee will review each rule adopted through the use of emergency rulemaking under this power. The purpose of this review is to ensure that the use of the process is limited only to those situations that meet the requirements of Section 5-45 of the Act. The criteria used in this review are stated in Sections 230.400 and 230.550 of this Part.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.200  Definitions

 

a)         The terms and definitions found in 1 Ill. Adm. Code 210.100 are incorporated into this Part.

 

b)         Emergency rule means a rule adopted pursuant to the rulemaking process provided in Section 5-45 of the Act.

 

c)         Emergency rulemaking means the process of adopting a rule as provided in Section 5-45 of the Act.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.250  State Mandates Act Requirements

 

The provisions of 1 Ill. Adm. Code 220.275 are applicable to emergency rules adopted pursuant to this Part.

 

(Source:  Added at 10 Ill. Reg. 21717, effective May 1, 1987)

 

Section 230.300  Staff Review

 

The Joint Committee staff will review each emergency rule and rulemaking, including both the notice and the text of the rule and rulemaking. This review will be based on the criteria in Sections 230.400 and 230.550 of this Part. The Joint Committee staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.350  Staff Report

 

The staff will report the results of its review of emergency rules and rulemakings to the Joint Committee at the next monthly Joint Committee meeting, provided there are at least 20 days between the publication of the emergency rule and the meeting. If there are fewer than 20 days, the rulemaking may be scheduled for the following meeting. Staff may develop proposals for consideration by the Joint Committee. Staff proposals are advisory only and do not limit the Joint Committee's power to take some other action. The staff will attempt to inform the agency of the substance of the proposals prior to the Joint Committee's consideration of the emergency rule or rulemaking at a public hearing.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.375  Joint Committee Hearing

 

a)         The Joint Committee will hold full and open hearings on emergency rules and 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 also be considered by the Joint Committee. Joint Committee staff and agency representatives will be allowed to testify at such hearings. Written comments from members of the public will be considered in lieu of oral testimony. Written comments should be submitted to the attention of the Executive Director of the Joint Committee at the following address:

 

Joint Committee on Administrative Rules

700 Stratton Building

Springfield, Illinois 62706

 

b)         Comments should be received at least 10 working days prior to the hearing in order to insure their consideration. If requested by the agency, the Joint Committee will provide a copy of such comments to the agency, unless the person or group requests that a copy of the comments not be provided, or unless the comments were provided as part of the complaint review process (1 Ill. Adm. Code 260) and disclosure was not authorized by the complainant.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.400  Criteria for Review

 

a)         The Joint Committee will consider the following criteria in its review of emergency rules and rulemakings:

 

1)         Emergency

 

A)        Does a situation exist that reasonably constitutes a threat to the public interest, safety or welfare and that requires adoption of the rule upon fewer days' notice than is required by Section 5-40 of the Act?

 

B)        Has the agency stated clearly and completely, in writing, its reasons for finding that such a situation exists?

 

C)        Has the emergency situation arisen through no fault of the agency?

 

D)        Is the emergency rule limited to those matters that are required to meet the emergency situation?

 

E)        Has the agency taken steps to make the emergency rule known to those persons who may be affected by it? Has the agency stated those steps in writing?

 

F)         Has the agency not adopted the same emergency rule, or an emergency rule having substantially the same purpose and effect, in the past 24 months? (This provision does not apply to additions to or deletions from the Department of Public Aid's Drug Manual, which are exempt from this limitation pursuant to Section 5-45 of the Act.)

 

G)        Does the agency have legal authority for each portion of the emergency rule?

 

H)        Does each portion of the emergency rule comply with the statutory authority and legislative intent upon which it is based, or which it is implementing or interpreting?

 

I)         Does the agency have rulemaking authority?

 

2)         Substantive

 

A)        Does each portion of the emergency rule comply with State and federal constitutions, State and federal law, and case law?

 

B)        Does each portion of the emergency rule include standards for the exercise of discretionary authority? Are the standards defined as clearly as practicable under the conditions?

 

3)         Propriety

 

A)        Is there an adequate justification and rationale for the emergency rules and rulemaking and for any regulation of the public embodied in the rules?

 

B)        Has the agency considered the economic effects of the rules upon those regulated, including small businesses, not for profit corporations and units of local government, school districts, and community college districts?

 

C)        Has the agency considered less costly alternatives to these emergency rules?

 

D)        Has the agency considered the budgetary effects of the emergency rules upon itself, other State agencies, and State revenue in general?

 

E)        Is the language of the emergency rules simple and clear, so that the rules can be understood by the persons and groups they will affect?

 

F)         Are the emergency rules free of serious technical errors, redundancies and grammatical or typographical errors that would affect the meaning of the rules?

 

4)         Procedural

 

A)        Does the emergency rulemaking comply with the requirements of the Administrative Code Division (1 Ill. Adm. Code 100)?

 

B)        Do the emergency rules and rulemaking comply with any additional requirements imposed on the agency by State or federal law?

 

C)        Do the emergency rules and rulemaking comply with the agency's own rules for the promulgation of rules?

 

b)         If the Joint Committee determines that one or more of the criteria enumerated in this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 230.600(a) or (b) of this Part.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.500  Secondary Criteria for Review (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 21717, effective May 1, 1987)

 

Section 230.550  Suspension Criteria

 

a)         If the Joint Committee finds that the emergency rule does not meet one or more of the criteria in Section 230.400, the Joint Committee will then consider the emergency rule in relation to the following criteria pursuant to Section 5-125 of the Act:

 

1)         Does the emergency rule represent a serious threat to the public interest?

 

A)        Does the emergency rule contain policies that have been previously considered and rejected by the General Assembly?

 

B)        Does the emergency rule unconstitutionally or unlawfully discriminate against any citizen of this State?

 

C)        Does the emergency rule unconstitutionally or unlawfully inhibit the free exercise of the rights of any citizen of the State?

 

2)         Does the emergency rule represent a serious threat to the public safety?

 

A)        Could the emergency rule result in a decrease in the protection provided against threats to the safety of any citizen of the State?

 

B)        Could the emergency rule result in an increase in the threat of physical harm to any citizen of the State?

 

3)         Does the emergency rule represent a serious threat to the public welfare?

 

A)        Does the emergency rule impose unreasonable or unnecessary economic costs on any citizen of the State?

 

B)        Does the emergency rule adversely affect the health or well-being of any citizen of the State?

 

C)        Does the emergency rule adversely affect the quality of life of any citizen of the State?

 

b)           If the Joint Committee determines that one or more of the criteria enumerated in this Section are met, the Joint Committee shall suspend the emergency rule or portion thereof pursuant to Section 230.600(c) of this Part.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.600  Objection; Recommendation; Suspension

 

a)         Objection

 

1)         If the Joint Committee finds that the emergency rule or rulemaking does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-120 of the Act.

 

2)         If the Joint Committee objects to the emergency rule or rulemaking, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit A of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the specific objection of the Joint Committee to the emergency rulemaking.

 

3)         Each statement of specific objection shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

 

b)         Recommendation

 

1)         If the Joint Committee finds that the emergency rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall recommend further action. Recommended actions include additional rulemaking or the introduction of legislation by the agency or the Joint Committee.

 

2)         If the Joint Committee issues a recommendation to the emergency rule or rulemaking, it shall so notify the agency within 5 working days after the Joint Committee hearing. The notification shall include a statement of the specific recommendation of the Joint Committee to the emergency rulemaking.

 

3)         Each statement of specific recommendations shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

 

c)         Suspension

 

1)         If the Joint Committee finds that the emergency rule or rulemaking, or portion thereof, is objectionable under one or more of the criteria in Section 230.400 of this Part, and that the rule meets any of the criteria in Section 230.550 of this Part, the Joint Committee shall suspend the rule or portion thereof pursuant to Section 5-125 of the Act. Such action can only be taken upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.

 

2)         If the Joint Committee suspends the emergency rule or portion thereof, it shall certify that fact to the agency and the Administrative Code Division. Such certification will be sent to the agency and the Administrative Code Division in the form shown in Exhibit C of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the reasons for the Joint Committee's suspension of the emergency rule or portion thereof.

 

3)         Each statement of suspension shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

 

4)         The effectiveness of the emergency rule or portion thereof shall be suspended immediately for at least 180 days upon receipt of the certified statement by the Administrative Code Division. The suspension shall be indicated prominently and clearly on the face of the emergency rule or portion thereof by the Administrative Code Division. An emergency rule or portion thereof that is suspended cannot be enforced, or invoked for any reason, by the Agency. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(b)) [5 ILCS 100/5-125(b)]

 

5)         The Joint Committee shall introduce a joint resolution in either house of the General Assembly to continue the suspension. Passage of the Joint Resolution by the General Assembly within 180 days after the certification is received by the Administrative Code Division will have the effect of repealing the emergency rule or portion thereof.  The rule or portion thereof shall be immediately removed from the compilation of effective rules by the Administrative Code Division. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(c)) [5 ILCS 100/5-125(c)]

 

6)         Upon the affirmative vote of the majority of the members of the Joint Committee voting, a suspension of an emergency rule may be withdrawn. Withdrawal of a suspension must be done prior to the passage of the Joint Resolution in either house of the General Assembly. The Joint Committee shall issue a Certification of Withdrawal of Suspension of Emergency Rules to the agency in the manner shown in Exhibit F of this Part and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.700  Failure to Object or Issue Recommendation

 

The failure of the Joint Committee to issue an objection or recommendation to an emergency rule or rulemaking shall not be construed to imply approval of the rule or rulemaking by the Joint Committee or the General Assembly.  (Ill. Rev. Stat. 1991, ch. 127, par. 1005-100) [5 ILCS 100/5-100]

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.800  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 pursuant to Section 5-120 of the Act. The response should be made, in writing, in the manner shown in Exhibit D of this Part, and shall be signed by the agency head.

 

b)         The agency shall respond to each objection of the Joint Committee by one of the methods enumerated in this subsection, as required by Section 5-120 of the Act.

 

1)         Amend the emergency rule to meet the Joint Committee's objection.

 

2)         Repeal the emergency rule.

 

3)         Refuse to amend or repeal the emergency rule. A notice of refusal must also be submitted to the Administrative Code Division for publication in the Illinois Register if the agency responds in this manner.

 

c)         If the agency elects to amend or repeal the emergency rule in response to an objection, it may repeal the emergency rule in its entirety or file a notice of modification of emergency rule in response to an objection of the Joint Committee with the Administrative Code Division. Modification of an emergency rule in response to Joint Committee objection shall not be deemed to violate the provisions of Section 5-45 of the Act, nor will it extend the expiration date of the rule.

 

d)         An amendment to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the emergency rule or rulemaking.

 

e)         The failure of an agency to respond to an objection of the Joint Committee within 90 days after receipt of the objection shall be deemed to be a refusal to amend or repeal the rule pursuant to Section 5-120(g) of the Act.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.900  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 stated by the Joint Committee and should clearly state the nature of (agreement to amend, agreement to repeal, refusal to amend or repeal) and rationale for the response. The response should be made in the manner shown in Exhibit E of this Part.

 

b)         The agency should respond to each Joint Committee recommendation for action in one of the following ways:

 

1)         Agree to pursue the action recommended by the Joint Committee.

 

2)         Refuse to pursue the action recommended by the Joint Committee.

 

c)         Responses should be submitted to the Joint Committee, in writing, and shall be signed by the agency head.

 

d)         The failure of an agency to respond to a recommendation of the Joint Committee within 90 days after receipt of the recommendation shall be deemed to be a refusal.

 

e)         The failure of an agency to complete rulemaking proposed in response to a recommendation within 180 days after the rulemaking commenced shall be deemed to be a refusal to amend or repeal the rule.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.1000  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 publication in the Illinois Register. The notice will include a specific statement of the reasons the Joint Committee has determined that the response to the objection or recommendation is not adequate. Failure of the agency to respond to a Joint Committee objection or recommendation shall be deemed to be a refusal.

 

b)         If the agency fails to adequately respond to an objection or recommendation, the Joint Committee may draft legislation to address the problems. Such legislation must be approved by a majority vote and may be introduced in either house of the General Assembly. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-120) [5 ILCS 100/5-120]

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

 

Section 230.1100  Certification of Suspension; Statement of Specific Objections (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 21717, effective May 1, 1987)

Section 230.EXHIBIT A   Certification of Objection to Emergency or Peremptory Rules

 

JOINT COMMITTEE ON ADMINISTRATIVE RULES

 

CERTIFICATION OF OBJECTION

TO [EMERGENCY OR PEREMPTORY] RULES

 

 

I, (Director's name), Executive Director of the Joint Committee on Administrative Rules, being first duly sworn on oath, depose and state that, pursuant to Sections 5-110 and 5-120 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), voted an Objection to the (agency name) (emergency or peremptory) rules entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.

 

A statement of the Joint Committee's specific Objections accompanies this certification.

 

Section 5-120 of the Illinois Administrative Procedure Act requires the agency to respond to the Joint Committee's Objection to this rule within 90 days after receipt of this Certification of Objection.  The agency's response will be placed on the Committee's agenda for further consideration.  Failure to respond shall constitute a refusal to amend or repeal the rule.

 

 

 

(Typewritten name)

Executive Director

 

 

 

Subscribed and sworn to before me this (Date) day of (Month), (Year).

 

 

Notary Public

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

Section 230.EXHIBIT B   Certification of Recommendation to Emergency or Peremptory Rules (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 1233, effective January 13, 1994)

Section 230.EXHIBIT C   Certification of Suspension of Emergency or Peremptory Rules

 

JOINT COMMITTEE ON ADMINISTRATIVE RULES

 

CERTIFICATION OF SUSPENSION

OF [EMERGENCY OR PEREMPTORY] RULES

 

 

The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), suspended the (agency name) rules entitled (Heading of the Part, Code Citation), published in the (publication date) Illinois Register.

 

A statement of the Joint Committee's specific reasons for suspension accompanies this certification.

 

The agency is prohibited from enforcing, or invoking for any reason, these rules which have been suspended and from filing with the Secretary of State any rule having substantially the same purpose and effect as these suspended rules for at least 180 days from the date this certification and statement are received by the Secretary of State.

 

Certified (Date)

 

 

(Typewritten name) Executive Director

 

 

 

Subscribed and sworn to before me this (Date) day of (Month), (Year).

 

 

 

 

Notary Public

 

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

Section 230.EXHIBIT D   Agency Response to Joint Committee Objection to Emergency or Peremptory Rules

 

 

 

						Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
If rulemaking will be initiated, date notice of rulemaking was, or is expected to be,
published in the Illinois Register:
Agency Response to Specific Joint Committee Objections:
(Respond to each specific Objection raised by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response.  Use additional pages as necessary.)

 

 

 

 

Signature of Agency Head

 

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

Section 230.EXHIBIT E   Agency Response to Joint Committee Recommendation to Emergency or Peremptory Rules

 

						Date:
Agency:
Heading of the Part:
Code Citation:
Register Citation:
If rulemaking will be initiated, date notice of rulemaking was, or is expected to be,
published in the Illinois Register:

 

Agency Response to Specific Joint Committee Recommendations:

 

(Respond to each specific Recommendation issued by the Joint Committee, indicating clearly the intended action of the agency in response to each Objection and the rationale for such response.  Use additional pages as necessary.)

 

 

 

 

Signature of Agency Head

 

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)

Section 230.EXHIBIT F   Certification of Withdrawal of Suspension of Emergency or Peremptory Rules

 

JOINT COMMITTEE ON ADMINISTRATIVE RULES

 

CERTIFICATION OF WITHDRAWAL OF SUSPENSION OF

[EMERGENCY OR PEREMPTORY] RULES

 

 

The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-125 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), has withdrawn the suspension of rules entitled (Heading of the Part, Code Citation), proposed by the (agency name).  The Joint Committee originally issued this suspension at its (meeting date) meeting.

 

The rule is no longer suspended and the agency is no longer prohibited from enforcing or envoking the rule.

 

Certified (date)

 

 

 

(Typewritten name) Executive Director

 

 

Subscribed and sworn to before me this (date) day of (month), (year).

 

 

 

Notary Public

 

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)