Section 220.1  Definitions (Renumbered)

(Source:  Section 220.1 renumbered to Section 220.100 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.2  Preliminary Review (Renumbered)

(Source:  Section 220.2 renumbered to Section 220.200 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.3  Request for Economic Analysis (Renumbered)

(Source:  Section 220.3 renumbered to Section 220.300 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.4  Format of Economic Analysis (Renumbered)

(Source:  Section 220.4 renumbered to Section 220.400 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.5  Second Notice:  Required Information (Renumbered)

(Source:  Section 220.5 renumbered to Section 220.500 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.6  Second Notice:  Additional Information (Renumbered)

(Source:  Section 220.6 renumbered to Section 220.600 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.7  Staff Review (Renumbered)

(Source:  Section 220.7 renumbered to Section 220.700 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.8  Committee Hearing (Renumbered)

(Source:  Section 220.8 renumbered to Section 220.800 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.9  Criteria for Review (Renumbered)

(Source:  Section 220.9 renumbered to Section 220.900 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 220.11  Certification of Objection; Statement of Specific Objections (Renumbered)  

(Source:  Section 220.11 renumbered to Section 220.1100 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.12  Response to Objection:  Deadline, Format (Renumbered)

(Source:  Section 220.12 renumbered to Section 220.1200 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.13  Response to Objection:  Manner (Renumbered)

(Source:  Section 220.13 renumbered to Section 220.1300 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.14  Review of Response to Objection (Renumbered)

(Source:  Section 220.14 renumbered to Section 220.1400 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.15  Failure to Respond (Renumbered)

(Source:  Section 220.15 renumbered to Section 220.1500 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.16  Limit of Substantive Changes (Renumbered)

(Source:  Section 220.16 renumbered to Section 220.1600 at 5 Ill. Reg. 5164, effective May 15, 1981)

Section 220.17  Recommend Legislation (Renumbered)

(Source:  Section 220.17 renumbered to Section 220.1700 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) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)] as part of the second notice, which includes a summary of issues raised by small businesses during the first notice period and a description of actions taken on any alternatives to the proposed rulemaking suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized.

First Notice means the notice of proposed rulemaking published in the Illinois Register pursuant to Section 5-40(b) of the Act.

First Notice Period means the period of time allowed for public notice and comment pursuant to Section 5-40(b) of the Act.  The period commences on the date the first notice is published in the Illinois Register and must be at least 45 days in length.

Initial Regulatory Flexibility Analysis means the statement prepared by the agency pursuant to Section 5-40(b) of the Act as part of the first notice which includes a brief description of the types of small businesses, not for profit corporations or small municipalities subject to the proposed rulemaking, a description of the proposed reporting, bookkeeping, and other procedures required for compliance with the proposed rulemaking; a description of the types of professional skills necessary for compliance; and the time, place, and manner in which interested persons may present their views and comments concerning the proposed rulemaking.

Not For Profit Corporation means a corporation organized under the General Not For Profit Corporation Act of 1986 (Ill. Rev. Stat. 1991, ch. 32, par. 101.01 et seq.) [805 ILCS 105] that is not dominant in its field and employs fewer than 50 full-time employees or has gross annual sales of less than $4,000,000.  For purposes of a specific rule, an agency may define a not for profit corporation to include employment of 50 or more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of not for profit corporations. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-85) [5 ILCS 100/1-85]

Second Notice means written notification to the Joint Committee that the agency wishes the Committee to begin its review process pursuant to Section 5-40(c) of the Act.  Receipt by the Joint Committee of a complete second notice (see Section 220.600) will commence the Committee's review. Incomplete second notices will be returned to the agency. Each week, the Joint Committee will submit a list of second notices that have been received and accepted to the Administrative Code Division for publication in the Illinois Register.

Second Notice Period means the period of time provided for Joint Committee review of the proposed rulemaking pursuant to Section 5-40(c) of the Act.  The second notice period shall expire 45 days from the date of receipt of a complete second notice (see Section 220.600) by the Joint Committee unless prior to that time the agency is in receipt of a certification and statement of objection or a certification of no objection from the Committee or unless the agency and the Joint Committee have agreed to extend the second notice period.

Small Business means a concern, including its affiliates, that is independently owned and operated, is not dominant in its field, and employs fewer than 50 full-time employees or which has gross annual sales of less than $4,000,000.  An agency may define small business to include employment of 50 or more persons if it finds that such a definition is necessary to adapt a rule to the needs and problems of small businesses and organizations. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-75) [5 ILCS 100/1-75]

Small municipality means any municipality of 5,000 or fewer inhabitants and any municipality of more of 5,000 inhabitants that employs fewer than 50 persons full-time.  For purposes of a specific rule, an agency may define small municipality to include employment of more than 50 persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small municipalities. (Ill. Rev. Stat. 1991, ch. 127, par. 1001-80) [5 ILCS 100/1-80]

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.150  Effect of Publication in the Illinois Register

Every proposed rulemaking, modification or repeal published in the Illinois Register shall be subject to review by the Joint Committee pursuant to Section 5-40 of the Act regardless of any assertion by the agency to the contrary.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.200  Preliminary Review

a)         Prior to or during the first 5 days after the publication of the first notice in the Illinois Register, the agency may submit to the Joint Committee a written request for a preliminary review of the proposed rulemaking.

b)         The written request for a preliminary review shall substantiate the reasons why the agency believes such a review is necessary, including the reasons why the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part is not sufficient.

c)         In determining whether to grant a preliminary review, the Executive Director of the Joint Committee will consider whether the Joint Committee's workload permits such a review and whether the review is necessary.

1)         Circumstances under which the Director may consider a preliminary review to be necessary include the following: agency internal rulemaking procedures that necessitate the review, including the use of an advisory committee that must review and approve the proposed rulemaking; the agency or its representative is unfamiliar with the rulemaking process; or the rules are completely new or the rulemaking represents an extensive revision to existing rules.

2)         The Director will notify the agency in writing of the grant or denial of a preliminary review.

d)         The preliminary review will consider both the notice and text of the proposed rulemaking.  The criteria found in Sections 220.900 and 220.950 of this Part will be applied to the preliminary review.

e)         The preliminary review is in addition to the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part. Issues raised or not raised during the course of the preliminary review do not preclude objections on those issues or upon other bases during the review pursuant to Section 5-40(c) of the Act and Section 220.700 of this Part.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.250  Joint Committee Request for Agency Hearing

a)         Within the first 14 days after the publication of the first notice in the Illinois Register, the Co-Chairmen or the Director may request, in writing, the agency proposing the rulemaking to hold a public hearing pursuant to Section 5-40(b) of the Act.

b)         Circumstances under which the Co-Chairmen or Director may make such a request include the following:

1)         the hearing will facilitate the submission of public comment by making it easier for certain members of the public to submit views and comments regarding the rulemaking that might not otherwise be submitted;

2)         the Joint Committee has received public comment concerning the rulemaking indicating the need for such a hearing; or

3)         the rulemaking concerns an area of regulation of such importance as to warrant a hearing.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.275  State Mandates Act Requirements

a)         Rulemaking that creates or expands a State mandate on units of local government, school districts or community college districts is subject to the State Mandates Act (Ill. Rev. Stat. 1991, ch. 85, par. 2201 et seq.) [30 ILCS 805] and a Statement of Statewide Policy Objectives shall be prepared by the agency and published at the same time the first notice is published. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-10(d)) [5 ILCS 100/5-10(d)]

b)         If the Joint Committee believes a proposed rule may create or expand a State mandate on units of local government, school districts or community college districts, the Joint Committee, within the first 30 days after the publication of the first notice, may request that the agency proposing the rule complete the form shown in Exhibit A of this Part.  This form shall be submitted to the Joint Committee as part of the agency's second notice.

c)         Additionally, the Joint Committee may request that the Department of Commerce and Community Affairs complete and submit to the Joint Committee and the agency an analysis of the following, pursuant to Section 4(b) of the State Mandates Act:

1)         the type of local government and local government agency or official to whom the mandate is directed;

2)         whether an identifiable local direct cost is necessitated by the mandate and the estimated annual amount;

3)         the extent of State financial participation in meeting such identifiable costs; and

4)         whether the rule or rulemaking creates a new mandate or expands an existing mandate.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.285  Small Business, Not For Profit Corporation and Small Municipality Flexibility Requirements

a)         When an agency proposes a new rule, or an amendment to an existing rule that may have an impact on small businesses, not for profit corporations or small municipalities, the agency shall consider each of the following as they affect those entities:

1)         Establishing less stringent compliance or reporting requirements in the rule.

2)         Establishing less stringent schedules or deadlines in the rule for compliance or reporting requirements.

3)         Consolidating or simplifying the rule's compliance or reporting requirements.

4)         Establishing performance standards to replace design or operational standards in the rule.

5)         Exempting small businesses, not for profit corporations and small municipalities from any or all requirements of the rule. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30) [5 ILCS 100/5-30]

b)        The agency shall also provide, during the first notice period, an opportunity for small businesses, not for profit corporations and small municipalities to participate in the rulemaking process by utilizing one or more of the following techniques:

1)         Inclusion in any advance notice of possible rulemaking a statement that the rule may have an impact on small businesses, not for profit corporations or small municipalities.

2)         Publication of a notice of rulemaking in publications likely to be obtained by small businesses, not for profit corporations or small municipalities.

3)         Direct notification of interested small businesses, not for profit corporations or small municipalities.

4)         Public hearings concerning the impact of the rule on small businesses, not for profit corporations or small municipalities.

5)         Special hearing or comment procedures to reduce the cost or complexity of participation in the rulemaking by small businesses, not for profit corporations or small municipalities. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30) [5 ILCS 100/5-30]

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.300  Economic and Budgetary Effects Analysis

a)         Within the first 30 days after the publication of the first notice, the Joint Committee may request from the agency an analysis of the economic and budgetary effects of the proposed rulemaking pursuant to Section 5-40(c) of the Act if the economic and budgetary impact of the proposed rule is clear on its face, or if it is alleged to have an impact in information received by the Joint Committee from the Bureau of the Budget, the Department of Commerce and Community Affairs, the Auditor General, another State agency, or an organization, association or individual.  This request will be made in writing by the Director. The Joint Committee will consider the information in the first notice and any other available information in deciding whether to make the request.

b)         The analysis shall be in the form shown in Exhibit B of this Part and shall be submitted to the Joint Committee in writing before or as part of the agency's second notice.  The analysis shall include:

1)         a summary of any direct economic effect on the persons who will be regulated by the rule;

2)         a description of the anticipated cost of the regulation as reflected in the agency's budget;

3)         a description of or a listing of the anticipated cost of the regulation to other State agencies; and

4)         the anticipated cost of the total program of regulation on State revenue.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.400  Format of Economic Analysis (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.450  Small Business Impact Analysis

a)         Within the first notice period, the Department of Commerce and Community Affairs (DCCA) shall prepare and submit to the Joint Committee an impact analysis of the proposed rule describing its effect on small businesses, whenever DCCA believes that an analysis is warranted or whenever requested to do so by 25 interested persons, an association representing at least 100 interested persons, the Governor, a unit of local government, or the Joint Committee.  The second notice period cannot be commenced and the second notice will not be accepted by the Joint Committee until such analysis is submitted to the Joint Committee.

b)         The impact analysis shall contain a discussion of the following factors:

1)         Projected reporting, recordkeeping and compliance requirements of the proposed rule;

2)         Types of, and estimated number of, small businesses that will be affected by the proposed rule;

3)         An estimate of the economic impact the regulation will have upon small businesses; and

4)         Alternatives to the proposed rule that would minimize the economic impact of the rule upon small businesses. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30(c)) [5 ILCS 100/5-30(c)]

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.500  Second Notice Procedures

a)         Filing of Second Notice

1)         The second notice shall be clearly identified as such, and shall be submitted to the Director at the following address:

Joint Committee on Administrative Rules

700 Stratton Building

Springfield, Illinois  62706

2)         An agency shall file second notice by email at jcar@ilga.gov.  Material submitted electronically shall be in PDF.  Each email submission shall include the second notice for only one rulemaking. The electronic second notice submission will be printed in the JCAR office and reviewed for completeness under Section 220.600.

3)         If an agency is unable to submit a second notice as required by subsection (a), because of such reasons as the bulk of the material to be transmitted or other technical problems, the agency should call JCAR at 217/785-2254 to determine another method of submission.

b)         The second notice period will commence on the day the second notice is received as complete by the Joint Committee. The second notice will be accepted by the Joint Committee when the requirements of Section 220.600 have been met. After acceptance by the Joint Committee of a second notice, the Committee will notify the Administrative Code Division and the issuing agency of the date on which the second notice period commenced.  The second notice period will expire 45 days after acceptance by the Joint Committee of the second notice, unless extended pursuant to mutual agreement of the Joint Committee and the agency. [5 ILCS 100/5-40(c)]

c)         The Joint Committee will notify the Administrative Code Division and the agency, in writing, of the date on which the second notice period started.  Notices that do not contain all of the information required by Section 220.600 of this Part and Section 5-40(c) of the Act will not be accepted by the Joint Committee. An agency that submits such a notice will be informed in writing of the specific reasons the notice was not accepted.

d)         After an agency has initiated second notice and that second notice is received as complete by the Joint Committee, the rulemaking cannot be returned to first notice.

e)         The agency shall have the option of splitting the first notice into more than one second notice when the first notice contains changes that are being made to several Sections.  When submitting the first notice to the Administrative Code Division for publication in the Illinois Register, the agency shall separately provide, for each Section being amended, the following information:

1)         specific Code citation;

2)         specific statutory authority; and

3)         a complete description of the subjects and issues involved.

f)         After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Joint Committee. [5 ILCS 100/5-40(c)]  A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless that suggestion or comment is ratified by the Joint Committee through passage of a motion.

(Source:  Amended at 44 Ill. Reg. 17688, effective October 20, 2020)

Section 220.600  Required Contents of Second Notice

a)         Submission of Second Notice

A second notice that contains the information specified in subsections (1) through (14) of this subsection (a) will be accepted by the Joint Committee. A second notice that does not include the information required by this Section will not be accepted and will be returned to the agency within 2 working days after receipt with an explanation of the reason for the return.

1)         The name of the agency.

2)         The Title and Illinois Administrative Code citation of the proposed rulemaking.

3)         The date, issue, and page number of the Illinois Register in which the first notice was published.

4)         The full text and specific location of any changes made in the rule during the first notice period, which shall be submitted in the form specified in subsection (b) of this Section. In the event that the Joint Committee cannot produce and provide a copy of the rulemaking to the agency, pursuant to subsection (b)(1) below, the Joint Committee will so inform the agency and the agency may submit its Second Notice version of the rulemaking by one of the following methods:

A)        The original text of the proposed rulemaking showing the specific additions and deletions which were made during the first notice period; or

B)        A complete listing of all of the Sections of the rulemaking which were changed, showing the exact changes which were made during the first notice period; or

C)        If the only changes which were made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division to the agency, and a statement that those changes, and only those changes will be made in the adopted rule.

5)         A response to any recommendations made by the Administrative Code Division for changes in the rules to make them comply with the codification scheme and to correct errors pursuant to Section 5-80(b) of the Act, and the specific reasons for agency rejection of any recommendations.

6)         A statement that the rulemaking does or does not include an incorporation by reference pursuant to Section 5-75 of the Act, the location in the rulemaking of the incorporation, and a copy of the cover page of the incorporated material and the specific material to be incorporated by reference.

7)         A final regulatory flexibility analysis, which shall include the following:

A)        a summary of the issues raised by small businesses during the first notice period; and

B)         a description of actions taken on any alternatives to the proposed rulemaking suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)].

8)         A statement of the methods used by the agency to comply with Section 5-30 of the Act and Section 220.285 of this Part.

9)         An evaluation of all comments received by the agency concerning the proposed rulemaking during the first notice period pursuant to Section 5-100(e)(2) of the Act.  This evaluation need not include an evaluation of any questions raised by the Joint Committee.  The failure of an agency to evaluate, pursuant to this Section, the comments received will be deemed to be an incomplete second notice.  The evaluation  must include the following information:

A)        a list of all persons or organizations making comments on the proposed rulemaking;

B)        a list of specific criticisms, suggestions and comments raised by interested persons, and the agency's analysis of each of these criticisms, suggestions and comments;

C)        any changes made to the rules by the agency as a result of criticisms, suggestions and comments made by interested persons; and

D)        The names of all the persons or organizations requesting a public hearing and the date of any public hearings held on the proposed rulemaking.

10)        The justification and rationale for the rulemaking required by Section 5-100(e)(4) of the Act. The justification and rationale shall include the following:

A)        citations to changes in Illinois laws that require the rulemaking;

B)        explanation of changes in agency policies and procedures that require the rulemaking;

C)        citations to federal laws, rules or regulations, or to funding requirements that require the rulemaking;

D)        citations and copies of court orders or decisions that require the rulemaking; and

E)        A complete explanation of any other reasons for the proposed rulemaking.

11)        The name, address and telephone and telefax numbers of the agency's representative who will respond to the Joint Committee questions regarding the proposed rulemaking.

12)        If requested by the Joint Committee pursuant to Section 220.275 of this Part, completion of the State Mandates Act Questionnaire (Exhibit A).

13)        If requested by the Joint Committee as provided in Section 220.300 of this Part and Section 5-100(e) of the Act, a completed analysis of the economic and budgetary effects of the proposed rulemaking  (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS 100/5-40(c)].  The analysis shall be in the form shown in Exhibit B of this Part.  If the agency is unable to provide any information required for the analysis, the specific reasons and justification for not completing the analysis shall be included.

14)       Any new or revised form referenced in a proposed rulemaking if those forms are not included within that rulemaking  (Ill. Rev. Stat. 1991, ch. 127, par. 1005-110(i)) [5 ILCS 100/5-110(i)].

b)         Text Changes

1)         Effective May 1, 1994, during the first notice period, JCAR will send to the agency a copy of the rulemaking, produced on the Administrative Code database material on the Legislative Information System, that includes line numbers.  Effective July 1, 1994 when giving second notice, the agency shall submit, in accordance with subsection (a)(4) of this Section, a detailed list of changes made in the rule during the first notice period, in the form shown in Exhibit K, including changes made in response to the Secretary of State's comments pursuant to Section 5-80 of the Act.  The location of all changes shall be identified by line number (see above).  The language change shall be designated by reference, enclosed within quotation marks, to the words being changed, added or deleted.  Replacement language, also within quotation marks, shall be shown as underlined (new language) or struck (language being deleted), only if that language is being added to or deleted from existing Code text.

2)         Only those changes indicated in the First Notice Changes submission will be recognized.

3)         Effective July 1, 1994, upon acceptance of a second notice, JCAR will produce a line numbered copy of the rulemaking that integrates the changes indicated on the First Notice Changes submission.  Any changes made in the rulemaking during the second notice period will be indicated in the same format described in Exhibit K, except that the document will be entitled Second Notice Changes. At the end of the second notice period, JCAR will forward a copy of both the First Notice Changes and the Second Notice Changes, if any, to the Administrative Code Division.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.700  Staff Review

a)         Subsequent to the acceptance of a second notice pursuant to Section 220.500 and 220.600 of this Part, the Joint Committee staff will review the proposed rulemaking, including the notice and the text, pursuant to the criteria in Section 220.900 and Section 220.950 of this Part. If requested by the Joint Committee in order to do a thorough review of the rules, the agency shall be required to submit any manuals, brochures, handbooks or other printed materials, or amendments to those materials, used by the agency to implement the rules.

b)         The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency.

c)         The staff will report the results of its review to the Joint Committee and may develop proposals for Joint Committee action for consideration by the Joint Committee. The staff may propose that the Joint Committee issue an objection or recommendation, prohibit filing of or suspend the rulemaking, develop legislation, take some other action, or take no action.  Staff proposals are advisory only and shall not limit the Joint Committee's power to take some other action.  The staff will attempt to inform the agency of the substance of any staff proposals or potential concerns of any Joint Committee member prior to the Joint Committee's consideration of the proposed rulemaking at a public hearing.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.760  Incorporation by Reference Pursuant to Section 5-75 of the Act

a)         An agency may incorporate by reference rules, regulations, standards or guidelines of an agency of the United States or a nationally or state recognized organization or association without publishing the incorporated material in full, provided the material is made readily available for public inspection by the agency, organization or association originally issuing such material (Ill. Rev. Stat. 1991, ch. 127, par. 1005-75) [5 ILCS 100/5-75].

b)         The following requirements must be met in order to incorporate material by reference pursuant to this Section:

1)         the incorporated material must be fully identified in the rule by publisher address and date in order to specify how a copy of the material may be obtained;

2)         the rule must state that the incorporation does not include any subsequent amendments or editions;

3)         the agency must maintain a copy of the incorporated material and make such material available in at least one of its principal offices for public inspection or copying upon request at no more than cost (Ill. Rev. Stat. 1991, ch. 127, par. 1005-75) [5 ILCS 100/5-75].

c)         The Joint Committee will review material incorporated by reference pursuant to Section 5-75 of the Act for compliance with Section 5-75 of the Act, Section 220.600(a)(6) of this Part and this Section.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.780  Incorporation by Reference Pursuant to Section 6.02(b) of the Act (Repealed)

(Source:  Repealed at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.800  Joint Committee Hearing

a)         The Joint Committee will hold full and open hearings on proposed 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:

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 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.

c)         Representatives of those agencies that have a rulemaking on the meeting agenda are encouraged to attend in the event a member of the Joint Committee has concerns or questions regarding a rulemaking.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.900  Criteria for Review

a)         The Joint Committee will consider these criteria in its review of proposed rulemakings:

1)         Substantive

A)        Does the agency have legal authority for the proposed rulemaking?

B)         Does the proposed rulemaking comply with the statutory authority and legislative intent on which it is based or that it is implementing or interpreting?

C)         Does the proposed rulemaking comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?

D)        Does the proposed rulemaking include standards for the exercise of discretionary authority?

E)         Are the standards defined as clearly as practicable under the conditions?

F)         Does the agency have rulemaking authority?

2)         Propriety

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

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

C)        Has the agency considered less costly alternatives to this proposed rulemaking?

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

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

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

3)         Procedural

A)        Does the proposed rulemaking comply with Section 5-40 of the Act?

B)        Does the proposed rulemaking comply with the requirements of the Administrative Code Division (see 1 Ill. Adm. Code 100)?

C)        Does the proposed rulemaking comply with any additional requirements imposed on the agency by State or federal law?

D)        Does the proposed rulemaking comply with the agency's own rules for the promulgation of rules?

E)        Was the agency responsive to public comments concerning the rulemaking?

F)         Did the agency comply with Section 5-30 of the Act, if applicable, in connection with the rulemaking?

b)         If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 5-110 of the Act and Section 220.1000 of this Part.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.950  Filing Prohibition Criteria

a)         If the Joint Committee finds that the proposed rulemaking does not meet one or more of the criteria in Section 220.900, the Joint Committee will then consider the proposed rulemaking in relation to the following criteria pursuant to Section 5-115(a) of the Act:

1)         Does the proposed rulemaking constitute a serious threat to the public interest?

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

B)        Does the proposed rulemaking unconstitutionally or unlawfully discriminate against any citizen of the State?

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

2)         Does the proposed rulemaking constitute a serious threat to the public safety?

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

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

3)         Does the proposed rulemaking constitute a serious threat to the public welfare?

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

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

C)        Does the rulemaking 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 prohibit the filing of the rulemaking pursuant to Section 5-115 of the Act and Section 220.1000(c) of this Part.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1000  Joint Committee Action

a)         Objection

1)         If the Joint Committee finds that the proposed rule or rulemaking does not meet one or more of the criteria in Section 220.900 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-110 of the Act.

2)         If the Joint Committee objects to the proposed 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 E of this Part within 5 working days after the Joint Committee hearing.  The certification shall include a statement of the specific objections of the Joint Committee to the proposed rule or rulemaking.  The Joint Committee will also send to the agency a list of the agreements reached between the agency and the Joint Committee staff concerning changes to the proposed rule.

3)         Each statement of specific objection will 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 determines that the proposed rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 220.900 of this Part, the Joint Committee shall recommend further action.  Recommended actions include the promulgation of additional rules, the clarification of statutory authority through legislation to be introduced by the agency or the Joint Committee, a request of federal or State agencies in clarifying and assisting in the promulgation of accurate rules and a recommendation to curtail an unauthorized practice.

2)         If the Joint Committee issues a recommendation to the proposed rule or rulemaking, it will send a copy of the recommendation to the agency within 5 working days after the Committee hearing.  The Joint Committee will also send to the agency a list of the agreements reached between the agency and the Joint Committee staff concerning changes to the proposed rule.

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

c)         Prohibition Against Filing

1)         If the Joint Committee finds that the proposed rule or rulemaking,  or a portion thereof, is objectionable under one or more of the criteria in Section 220.900 of this Part, and that the rulemaking meets any of the criteria in Section 220.950 of this Part, the Joint Committee shall prohibit filing of the rulemaking or portion thereof pursuant to Section 5-115 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 prohibits the filing of the proposed rule or portion thereof, the Joint Committee 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 F 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 prohibition against filing of a proposed rule or portion thereof.

3)         Each certification of prohibition against filing of a proposed rule shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

4)         The proposed rule or portion thereof shall not be accepted for filing by the Administrative Code Unit and shall not take effect for at least 180 days after receipt of the certification of prohibition by the Administrative Code Unit.  A proposed rule or portion thereof that is prohibited from being filed cannot be enforced or invoked for any reason by the agency.  (Ill. Rev. Stat. 1991, ch. 127, par. 5-115(b)) [5 ILCS 100/5-115(b)]

5)         The Joint Committee shall introduce a Joint Resolution in either house of the General Assembly to continue the prohibition against the proposed rulemaking.  If the Joint Resolution is passed by the General Assembly within 180 days after receipt of certification by the Administrative Code Division, the proposed rule or portion thereof shall not take effect.  Such rule or portion thereof shall not be accepted for filing by the Administrative Code Division.  If a Joint Resolution is not passed within 180 days after receipt of certification of prohibition by the Administrative Code Division, the agency may file the proposed rulemaking or portion thereof as adopted and it shall take effect.  (Ill. Rev. Stat. 1991, ch. 127, par. 1005-115(c)) [5 ILCS 100/5-115(c)]

6)         Upon the affirmative vote of the majority of the members of the Joint Committee voting, a prohibition against the filing of a rule may be withdrawn.  Withdrawal of a prohibition against filing must be done prior to the passage of the Joint Resolution by the General Assembly.  The Joint Committee shall issue a Certification of Withdrawal of Filing Prohibition of Proposed Rulemaking to the agency in the manner shown in Exhibit G of this Part and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.

d)         Ratification of Agreements and Certification of No Objection

1)         If the Joint Committee finds that the proposed rule or rulemaking is not objectionable, the Committee shall issue a Certification of No Objection to the rule or rulemaking in the manner shown in Exhibit H of this Part.  Such Certification shall be mailed to the agency within 5 working days following the Joint Committee hearing.

2)         A Certification of No Objection shall not be issued if the Joint Committee finds at its hearing that additional information is necessary in order to complete the review of the proposed rule or rulemaking.

3)         The Joint Committee will consider all staff level agreements regarding the proposed rules when it takes its official action with respect to that rulemaking.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1100  Adoption of Rules

a)         The agency may adopt a proposed rulemaking pursuant to Section 5-65 of the Act in the following circumstances:

1)         The 45 day or agreed upon notice period subsequent to the filing of second notice has expired;

2)         The agency has received a Certification of No Objection; or

3)         The agency has responded to a statement of objection issued by the Joint Committee as required by Section 220.1200 of this Part.

b)         The agency must file a certified copy of the rulemaking with the Administrative Code Division in the form prescribed in, and the accompanying documentation required by, the Code Division's rules. (1 Ill. Adm. Code 100)

c)         All proposed rulemakings must be adopted within one year of the first notice published pursuant to Section 5-40(e) of the Act. No rulemaking may be adopted or filed with the Administrative Code Division after the expiration of this period.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1150  Failure to Object or Issue a Recommendation

The failure of the Joint Committee to issue an objection or recommendation to a proposed rulemaking shall not be construed to imply approval of the proposed 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. 4758, effective March 14, 1994)

Section 220.1200  Agency Response to Objection

a)         The agency shall respond to an objection which is issued by the Joint Committee within 90 days after receipt of the statement of objection.  The response shall be made in writing, in the manner shown in Exhibit I of this Part, and shall be signed by the agency head.

b)         The agency shall respond to each objection of the Joint Committee by the methods enumerated in this subsection, as required by Section 5-110 of the Act.

1)         Modify the proposed rulemaking to meet the Joint Committee's objection;

2)         Withdraw the proposed rulemaking in its entirety; or

3)         Refuse to modify or withdraw the proposed rulemaking.

c)         Responses must be submitted directly to the Joint Committee, which shall in turn notify the Administrative Code Division, in writing, within two working days, that such response has been received. The Administrative Code Division is prohibited from accepting for filing and adoption any rulemaking to which the Joint Committee has objected without first receiving a notification of agency response from the Committee.

d)         Responses which do not meet the requirements of this Section will be rejected.  Rejected responses will be returned to the agency within two working days after receipt by the Joint Committee with a written explanation for the rejection, and the Administrative Code Division will be notified not to accept the rule for filing and adoption.  The agency can resubmit the response to the Joint Committee within the 90 day response period.  The 90 day response period will continue to run when a response is rejected.

e)         The agency shall submit a notice of the response to the Administrative Code Division for publication in the next available issue of the Illinois Register.

f)         A modification 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 proposed rulemaking.

g)         The failure of an agency to respond to an objection of the Joint Committee within 90 days after the receipt of the objection shall be deemed to be a withdrawal of the proposed rule in its entirety (or the portions thereof for which a second notice was submitted if the procedures outlined in Section 220.500(e) of this Part were met), pursuant to Section 5-110(f) of the Act.  A response is required when the second notice period has been extended beyond the 45 day period by mutual agreement of the agency and the Joint Committee.  If the Joint Committee issues an objection beyond the 45 day second notice period, and no mutual agreement to extend the period was made, response by the agency is optional.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1250  Agency Response to Recommendation

a)         The agency should respond to a recommendation that is 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 (agreement to modify, agreement to withdraw, refusal to modify or withdraw) and rationale for the response.  The response should be made in the manner shown in Exhibit J 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 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.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1300  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 an objection within 90 days after receipt of the objection shall constitute withdrawal (5-110(f)).

b)         Failure of the agency to respond to a Joint Committee recommendation shall be deemed to be a refusal to pursue the recommended action. If the agency fails to remedy 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. 1005-110) [5 ILCS 100/5-110]

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.1350  Certification of Filing Prohibition; Statement of Specific Objections  (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.1400  Review of Response to Objection (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.1500  Failure to Respond (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.1600  Limit of Substantive Changes (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.1700  Recommend Legislation (Repealed)

(Source:  Repealed at 10 Ill. Reg. 21769, effective May 1, 1987)

Section 220.EXHIBIT A   State Mandates Act Questionnaire

State Mandates Act Questionnaire

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT B   Agency Analysis of Economic and Budgetary Effects of Proposed Rulemaking

AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY EFFECTS

OF PROPOSED RULEMAKING

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT C   Department of Commerce and Community Affairs' Impact Analysis (Repealed)

(Source:  Repealed at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT D   Certification of Approval of Incorporation by Reference (Repealed)

(Source:  Repealed at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT E   Certification of Objection to Proposed Rulemaking

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF OBJECTION

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) rulemaking 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.

Failure to respond within 90 days after receipt of this Certification of Objection will constitute withdrawal of the proposed rulemaking in its entirety.  The agency's response will be placed on the Committee's agenda for further consideration.

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

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT F   Certification of Filing Prohibition of Proposed Rulemaking

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF FILING PROHIBITION OF PROPOSED RULEMAKING

The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), prohibited the filing of (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 the filing prohibition accompanies this certification.

The agency is prohibited from filing the rulemaking with the Secretary of State and from enforcing or invoking, for any reason, the rulemaking for at least 180 days from the date this certification and statement are received by the Secretary of State.

Certified (date).

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

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT G   Certification of Withdrawal of Filing Prohibition of Proposed Rulemaking

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF WITHDRAWAL OF

FILING PROHIBITION OF PROPOSED RULEMAKING

The Joint Committee on Administrative Rules hereby certifies that, pursuant to Section 5-115 of the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules, at its meeting on (meeting date), has withdrawn the prohibition against the filing of rules entitled (Heading of the Part, Code Citation) proposed by the (agency name). The Joint Committee originally issued this prohibition at its (meeting date) meeting.

The agency is no longer prohibited from filing the rulemaking, as modified in accordance with agreements between the agency and the Joint Committee on Administrative Rules, with the Secretary of State and from enforcing or invoking the rulemaking.

Certified (date)

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

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT H   Certification of No Objection to Proposed Rulemaking

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered (Heading of the Part, Code Citation), proposed by the (agency name) and published in the (publication date) issue of the Illinois Register.  After consideration, and based upon the agreements, if any, for modification of the rulemaking made by the agency and attached to this document, the Committee determined that no Objection will be issued to the above-mentioned rulemaking.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT I   Agency Response to Joint Committee Objection to Proposed Rulemaking

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT J   Agency Response to Joint Committee Recommendation to Proposed Rulemaking

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)

Section 220.EXHIBIT K   First and Second Notice Changes

The following is an example of the form in which first and second notice changes shall be indicated:

FIRST [SECOND] NOTICE CHANGES

Agency:       Joint Committee on Administrative Rules

Rulemaking:         1 Ill. Adm. Code 220 (17 Ill. Reg. 111111)

Changes:   

1.         In line 74, change "and page number" to "and page number or chapter reference".

2.         In lines 76-82, change "If the only changes made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division" to "If the only changes made in the rulemaking were those requested by the Administrative Code Division, a copy of the memorandum issued by the Administrative Code Division".

3.         In line 84, add "," after "criticisms" and strike the comma after "suggestions".

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)