AUTHORITY: Implementing Section 4.01 and authorized by Section 7.09 of The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, pars. 1004.01 and 1007.09).

SOURCE: Adopted at 3 Ill. Reg. 34, p. 193, effective August 15, 1979; codified at 8 Ill. Reg. 19451.

SUBPART A: PUBLIC INFORMATION

 

Section 75.10  Agenda

 

The agenda of hearings held by the Joint Committee on Administrative Rules, and all statements of objection to proposed rules and to existing rules issued by the Joint Committee are published in the Illinois Register as provided in Sections 7.02(c), 7.06 and 7.07 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1977, ch. 127, pars. 1007.02(c), 1007.06 and 1007.07) and the Rulemaking Procedures for Codification (1 Ill. Adm. Code 100) as adopted by the Secretary of State.

 

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 220.800 of the rules of the Joint Committee.  Oral testimony at Joint Committee meetings will be received only from appropriate personnel of the proposing agency in relation to proposed rulemaking.

 

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 Street, Room 500, Springfield, Illinois 62701.  Complaints should include the specific information enumerated in 1 Ill. Adm. Code 260.300 of the rules of the Joint Committee.

 

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. 1005(a)2).  In relation to problems with existing rules, the Joint Committee will encourage members of the public to petition directly to the agency involved for appropriate rulemaking action as stated in 1 Ill. Adm. Code 260.500 of the rules of the Joint Committee and as provided in Section 8 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1008).  This policy will not limit the Joint Committee from considering comments or problems not submitted to the agency first.

 

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. 127, par. 1008).  The Joint Committee will consider such petitions and inform the petitioner of the disposition of the petition in writing.  Such petitions must be in writing and must contain the following information:

 

a)         The names and addresses of the persons or groups presenting the petition.

 

b)         The specific rules of the Joint Committee which the petitioner believes should be modified or repealed or the specific language the petitioner believes should be adopted as a rule by the Joint Committee.

 

c)         A description of the effect of the rules or lack of rules on the persons or groups presenting the petition.

 

d)         The specific reasons the petitioner believes that the Joint Committee should take the rulemaking action.

 

e)         Any additional facts or documentation necessary to explain and support the petition.

 

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 500, Springfield, Illinois 62701.

SUBPART B: RULEMAKING

 

Section 75.110  Adoption and Filing

 

The Joint Committee on Administrative Rules will follow the rulemaking procedure established by the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, pars. 1001 et seq.) in the adoption and filing of its rules.

 

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 Illinois Register.  The Joint Committee may make any desired changes in the draft rules, direct the staff to change the draft rules, or postpone the formal proposal of the rules.

 

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 presented to the Joint Committee and will be considered.  The staff of the Joint Committee may recommend changes in the proposed rules based on comments received at such a hearing.

 

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 vote of the Joint Committee.

 

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. 1005 and 1006).

SUBPART C: ORGANIZATION

 

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(a) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1007.02(a)).

 

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 Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1007.02(b)).

 

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 Committee as provided in Section 7.02(d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1007.02(d)).

 

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 basic functions of each unit are presented in the Functional Organization Chart shown in Appendix A.

 

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.APPENDIX A   Functional Organization Chart






Section 75.APPENDIX B   Personnel Organization Chart