Section 961.10  Purpose

The purpose of this Part is to set forth a procedure that will allow any interested or affected party to petition the Director of the Illinois Department of Insurance to initiate regulatory action.

(Source:  Amended at 38 Ill. Reg. 19934, effective September 30, 2014)

Section 961.20  Definitions

"Department" means the Illinois Department of Insurance.

"Director" means the Director of the Illinois Department of Insurance.

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

"Petitioner" means an individual, organization or other entity who petitions the Director to initiate regulatory action.

"Regulatory action" means the adoption, amendment or repeal of an administrative regulation.

(Source:  Amended at 38 Ill. Reg. 19934, effective September 30, 2014)

Section 961.30  Petitions Requesting Regulatory Action

Any interested or affected party may petition the Illinois Department of Insurance to promulgate, amend or repeal an administrative regulation pursuant to the provisions of this Part. The petition shall be submitted in writing to the Illinois Department of Insurance, Rules Coordinator, 320 West Washington Street, Springfield, IL  62767-0001.  This petition shall contain:

a)         The name, company and position title or designation of the petitioner along with a mailing address and telephone number for the petitioner;

b)         Identification of the regulatory action being sought (i.e. adoption, amendment, or repeal);

c)         A brief statement as to the purpose for the requested regulatory proposal including any arguments supporting the purpose;

d)         A brief statement of the conditions or circumstances indicating a need for regulation; and

e)         Proposed text for the rule or amendment suggested.

(Source:  Amended at 38 Ill. Reg. 19934, effective September 30, 2014)

Section 961.40  Petition Consideration

a)         In making a determination regarding the petition, the Department will take into consideration such factors as the proposal's compliance with the statutory authority and legislative intent upon which it is based, whether the proposal meets the definition of a rule pursuant to Section 1-70 of the IAPA, and if the proposal is enforceable.

b)         If after careful consideration, the Department elects to initiate rulemaking proceedings in accordance with Section  5-35 of the IAPA, the Department shall notify the petitioner in writing of its intentions.

(Source:  Amended at 38 Ill. Reg. 19934, effective September 30, 2014)

Section 961.50  Petition Disposition

A petition is considered denied when the Department either notifies the petitioner of its denial or does not initiate rulemaking proceedings on the subject of the petition within 30 calendar days after the receipt of the request.  However, the Department is not then precluded from later initiating rulemaking proceedings which are in accordance with the petition, in which case the Department may notify the petitioner for informational purposes that action will be taken.

(Source:  Amended at 38 Ill. Reg. 19934, effective September 30, 2014)