TITLE 1: GENERAL PROVISIONS
CHAPTER II: JOINT COMMITTEE ON ADMINISTRATIVE RULES
PART 230 REVIEW OF EMERGENCY RULEMAKING
SECTION 230.600 OBJECTION; RECOMMENDATION; SUSPENSION

 

Section 230.600  Objection; Recommendation; Suspension

 

a)         Objection

 

1)         If the Joint Committee finds that the emergency rule or rulemaking does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall object to the rulemaking pursuant to Section 5-120 of the Act.

 

2)         If the Joint Committee objects to the emergency 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 A of this Part within 5 working days after the Joint Committee hearing. The certification shall include a statement of the specific objection of the Joint Committee to the emergency rulemaking.

 

3)         Each statement of specific objection shall 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 finds that the emergency rule or rulemaking is incomplete or inconsistent, or does not meet one or more of the criteria in Section 230.400 of this Part, the Joint Committee shall recommend further action. Recommended actions include additional rulemaking or the introduction of legislation by the agency or the Joint Committee.

 

2)         If the Joint Committee issues a recommendation to the emergency rule or rulemaking, it shall so notify the agency within 5 working days after the Joint Committee hearing. The notification shall include a statement of the specific recommendation of the Joint Committee to the emergency rulemaking.

 

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

 

c)         Suspension

 

1)         If the Joint Committee finds that the emergency rule or rulemaking, or portion thereof, is objectionable under one or more of the criteria in Section 230.400 of this Part, and that the rule meets any of the criteria in Section 230.550 of this Part, the Joint Committee shall suspend the rule or portion thereof pursuant to Section 5-125 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 suspends the emergency rule or portion thereof, it 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 C 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 suspension of the emergency rule or portion thereof.

 

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

 

4)         The effectiveness of the emergency rule or portion thereof shall be suspended immediately for at least 180 days upon receipt of the certified statement by the Administrative Code Division. The suspension shall be indicated prominently and clearly on the face of the emergency rule or portion thereof by the Administrative Code Division. An emergency rule or portion thereof that is suspended cannot be enforced, or invoked for any reason, by the Agency. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(b)) [5 ILCS 100/5-125(b)]

 

5)         The Joint Committee shall introduce a joint resolution in either house of the General Assembly to continue the suspension. Passage of the Joint Resolution by the General Assembly within 180 days after the certification is received by the Administrative Code Division will have the effect of repealing the emergency rule or portion thereof.  The rule or portion thereof shall be immediately removed from the compilation of effective rules by the Administrative Code Division. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-125(c)) [5 ILCS 100/5-125(c)]

 

6)         Upon the affirmative vote of the majority of the members of the Joint Committee voting, a suspension of an emergency rule may be withdrawn. Withdrawal of a suspension must be done prior to the passage of the Joint Resolution in either house of the General Assembly. The Joint Committee shall issue a Certification of Withdrawal of Suspension of Emergency Rules to the agency in the manner shown in Exhibit F of this Part and shall certify that action to the Administrative Code Division within 5 working days after the Joint Committee hearing.

 

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)