Section 240.500  Criteria for Review

a)         The Joint Committee will consider these criteria in its review of peremptory rules and rulemakings:  

1)         Peremptory Rulemaking

A)        Were conditions present that precluded the agency from complying with the general rulemaking requirements of Section 5-40 of the Act?

B)        Was the agency required to adopt the rules as a direct result of federal law, federal rules and regulations, court orders, or a collective bargaining agreement?

C)        Is the peremptory rule limited to what is required by the federal law, federal rules or regulations, court order or collective bargaining agreement?

D)        Was the agency precluded from the exercise of discretion concerning the content of the peremptory rule?

E)        Has the agency given an adequate reason for not complying with the notice and hearing requirements of Section 5-40 of the Act?

F)         Did the agency file the notice of peremptory rulemaking with the Administrative Code Division within 30 days after the change in the rules was required or necessary?  Does the notice refer to the federal law, federal rules or regulations, court order, or collective bargaining agreement that required the peremptory rules?

G)        Did the agency submit to the Joint Committee, when or before the notice of peremptory rulemaking was filed with the Administrative Code Division, a copy of the court order or collective bargaining agreement or the specific citation to the federal law or federal rules or regulations that required the peremptory rulemaking?

2)         Substantive

A)        Does the agency have legal authority for each portion of the peremptory rule?

B)        Does each portion of the peremptory rule comply with the statutory authority and legislative intent on which it is based, or which it is implementing or interpreting?

C)        Does each portion of the peremptory rule and rulemaking comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?

D)        Does each portion of the peremptory rule include standards for the exercise of discretionary authority?  Are the standards defined as clearly as practicable under the conditions?

E)        Does the agency have rulemaking authority?

3)         Propriety

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

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

C)        Has the agency considered less costly alternatives to the peremptory rules?

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

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

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

4)         Procedural

A)        Does the peremptory rulemaking comply with the requirements of the Administrative Code Division (1 Ill. Adm. Code 100)?

B)        Does the peremptory rule and rulemaking comply with any additional requirements imposed on the agency by State or federal law?

C)        Does the peremptory rule and rulemaking comply with the agency's own rules for the promulgation of rules?

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 240.700(a) or (b) of this Part.

(Source:  Amended at 18 Ill. Reg. 4745, effective March 14, 1994)