Section 240.650  Suspension Criteria

a)         If the Joint Committee finds that the peremptory rule does not meet one or more of the criteria in Section 240.500, the Committee will then consider the peremptory rule in relation to the following criteria pursuant to Section 5-125 of the Act:  

1)         Does the peremptory rule represent a serious threat to the public interest?

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

B)        Does the peremptory rule unconstitutionally or unlawfully discriminate against any citizen of the State?

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

2)         Does the peremptory rule represent a serious threat to the public safety?

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

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

3)         Does the peremptory rule represent a serious threat to the public welfare?

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

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

C)        Does the peremptory rule 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 Committee shall suspend the peremptory rule or portion thereof pursuant to Section 240.700(c) of this Part.

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