PART 210 GENERAL POLICIES : Sections Listing



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 the Illinois Administrative Code and the Illinois Register and with which rules are filed.


Agency means each type of entity enumerated in Section 1-20 of the Act that is authorized by law to make rules or to determine contested cases.


Co-Chairmen means the members of the Joint Committee elected to those positions pursuant to Section 1-5(c) of the Legislative Commission Reorganization Act of 1984 (Ill. Rev. Stat. 1991, ch. 63, par. 1001-5(c)) [25 ILCS 130/1-5(c)].


Director means the Executive Director of the Joint Committee.


Illinois Administrative Code means the complete text of all rules of all State agencies filed with and published by the Administrative Code Division.


Illinois Register means the weekly publication of the Administrative Code Division authorized by Section 5-70 of the Act.


Joint Committee or Committee means the Joint Committee on Administrative Rules created by Section 5-90(a) of the Act.


Nonsubstantive means procedural or nonprocedural matters that do not have an impact upon the meaning, effect or interpretation of a rule or rulemaking.


Rule means each agency statement of general applicability that implements, applies, interprets or prescribes law or policy, and that affects the private rights of or procedures available to persons or entities outside the agency, but does not include statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, informal advisory rulings issued under Section  5-150 of the Act, intra-agency memoranda or the prescription of standardized forms (Ill. Rev. Stat. 1991, ch. 127, par. 1001-70) [5 ILCS 100/1-70].


Rulemaking means the process by which agencies propose, adopt, amend or repeal rules pursuant to Section 5-35 of the Act.


Substantive means nonprocedural matters that have an impact upon the meaning, effect or interpretation of a rule or rulemaking.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)


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, 1987)


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. 1991, ch. 127, par. 5-100) [5 ILCS 100/5-100]  It will cooperate with agencies and conduct hearings to promote full and open discussion of rules and rulemaking.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)


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 agencies about form, statutory authority, or other matters considered by the Joint Committee in its review of rules and rulemaking.  The Joint Committee and its staff will not issue advisory opinions.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)


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's procedures are coordinated with the Secretary of State's rules entitled "Rulemaking" (1 Ill. Adm. Code 100).


b)        Pursuant to Section 5-65(a) of the Act, whenever a rulemaking is filed with the Secretary of State, the Secretary of State shall send a certified copy of the rulemaking to the Joint Committee within three working days after the filing.


c)         The Administrative Code Division is authorized, pursuant to Section 5-80(b) of the Act, to make changes in the numbering and location of rules in the codification scheme, to recommend changes in the sectioning and headings of rules, and to make suggestions concerning the correction of grammatical and technical errors.  During the first notice period, the Administrative Code Division shall notify the agency and the Joint Committee of the changes, suggestions and recommendations made.   The Administrative Code Division's authority with respect to such suggestions, recommendations and changes is limited to nonsubstantive matters.


d)         Section 5-80(a) of the Act provides that the Administrative Code Division shall not adopt any codification system or schedule without the approval of the Joint Committee. Approval shall be conditioned solely upon establishing that the proposal is compatible with existing electronic data processing equipment and programs maintained by and for the General Assembly.  Prior to the adoption, amendment or repeal of rules relating to the codification system, the Administrative Code Division and the Legislative Information System must certify that the system or schedule meets the requirements of this subsection.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)


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 the date of the hearing at which the Joint Committee intends to consider the proposed rulemaking.  (Ill. Rev. Stat. 1991, ch. 127, par. 5-90) [5 ILCS 100/5-90] The list is intended only to inform the public and shall not preclude the Joint Committee from considering or acting on the rulemaking at a different hearing.  The Joint Committee will attempt to notify an agency of any change in the date of its intended consideration of the agency's rulemaking.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)


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 refuses to provide information requested by the Joint Committee; or


3)         the agency refuses to produce any records or documents requested by the Joint Committee.


b)         Prior to the issuance of a subpoena, the Joint Committee or the Director will:


1)         notify the agency (in writing if sufficient time exists) of the refusal and the fact that the Co-Chairmen or the Director intend to issue a subpoena; and


2)         allow the agency to present its reasons for the refusal.


c)         The Co-Chairmen may issue a subpoena.  In addition, the Director may issue a subpoena when approved by a majority vote of the members of the Joint Committee.


(Source:  Amended at 18 Ill. Reg. 4739, effective March 14, 1994)