Section 1125.170  Schedule for Rulemaking

a)         Rules implementing new laws will be prepared within a timeframe developed by the Division of Governmental Affairs in consultation with the appropriate Deputy Director(s) or Senior Staff.  This timeframe may vary depending upon the extent of the rules involved as well as statutorily required timeframes.  Rules will generally be prepared for all new programs, regardless of the availability of funds to implement the program.

b)         Regulatory changes proposed by program staff (not in response to new legislation) shall be prepared and submitted to the Division of Governmental Affairs on a quarterly basis.  All proposed amendments to the same Part shall be consolidated by program staff into one rulemaking per quarter unless approved to be severed or severed into two or more rulemakings by the Division.  Proposed amendments received on or before the beginning of a quarter (January 1, April 1, July 1, or October 1) will be prepared by the Division for filing during that quarter.  If the proposed amendment is received after the beginning of a quarter, it will be held until the start of the next quarter.

c)         The provisions of subsection (b) of this Section may be waived by the Chief of the Division of Governmental Affairs if he or she determines that:

1)         a proposed amendment qualifies as an emergency or peremptory rule as those terms are defined in Sections 5-45 and 5-50 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45 and 5-50]; or

2)         a waiver is in the best interest of the Department in promoting more effective program management.

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)