TITLE 2: GOVERNMENTAL ORGANIZATION
SUBPART B: PROCEDURES FOR ENACTMENT OF RULES
SUBPART C: ORGANIZATION
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AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and authorized by the Department of Veterans Affairs Act [20 ILCS 2805].
SOURCE: Adopted at 2 Ill. Reg. 30, p. 122, effective July 27, 1978; codified at 8 Ill. Reg. 19685; amended at 8 Ill. Reg. 24296, effective November 29, 1984; amended at 26 Ill. Reg. 11252, effective July 8, 2002; amended at 26 Ill. Reg. 12454, effective July 29, 2002.
SUBPART B: PROCEDURES FOR ENACTMENT OF RULES
Section 1250.110 Initiation
a) Proposal for the adoption or enactment of new rules, the amendment of existing rules, repeal of a rule or the technical alteration of rules may be initiated by any Department employee or member of the general public. All such proposals shall be in writing and shall comply with the procedures of and be in the form of rules proposed and enacted under the Illinois Administrative Procedure Act [5 ILCS 100].
b) All such proposals shall be forwarded directly to the Director, Department of Veterans' Affairs, at the Springfield Office of the Department.
(Source: Amended at 26 Ill. Reg. 12454, effective July 29, 2002)
Section 1250.120 Enactment
a) The Director, Department of Veterans' Affairs, may send, return or remand any proposal to any employee, Division or subdivision of the Department for study, amendment, clarification, advice, counsel or assistance prior to or simultaneous to the review and approval of the proposal.
b) The Director shall have the final authority to review all proposals for the enactment of new rules, the amendment of existing rules, the repeal of a rule or the technical alteration of rules. The Director shall have authority to conduct meetings, hearings, investigations and other actions as are necessary and proper to ascertain if enactment of the proposal is in the best interests of the veterans, their survivors and dependents, the Department, its employees and the public.
c) The Director may approve or reject any proposal in his sole and absolute discretion. Exercise of discretion by the Director is not subject to review. The Director may approve a proposal in the form proposed or may amend, alter, change or revise any proposal prior to or subsequent to approval.
d) If the Director believes a proposal should be enacted as a rule of the Department, he shall cause it to be submitted to the Secretary of State in accordance with the provisions of the Illinois Administrative Procedure Act.
e) Proposals referred to the Director, but not approved by him, enacted within 60 days after receipt by the Director, shall be deemed to have been rejected.
(Source: Amended at 26 Ill. Reg. 12454, effective July 29, 2002)