Section 250.1400  Criteria for Review

The Committee will consider these criteria in its review of each set of rules:

a)         Substantive

1)         Is there legal authority for the rules?

2)         Do the rules comply with the statutory authority and legislative intent on which it is based, or which it is implementing or interpreting?

3)         Do the rules comply with State and federal constitutions, State and federal law, and case law?

4)         Do they include adequate standards for the exercise of each discretionary power discussed in the rules?

b)         Propriety

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

2)         Has the agency reasonably considered the economic and budgetary effects of the rules as well as less costly alternatives?

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

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

c)         Procedural

1)         Were the rules adopted in compliance with the Act?

2)         Were the rules adopted in compliance with the requirements of the Administrative Code Division (see 1 Ill. Adm. Code 100)?

3)         Were the rules adopted in compliance with any additional requirements imposed on the agency by State or federal law?

4)         Were the rules adopted in compliance with the agency's own rules for its rulemaking process?

5)         Has the agency been responsive to public comment on the rules and to related requests for rulemaking?

d)         Additional

1)         Has the agency shown that the rules are necessary?  Has the agency shown that there is a public need for the regulation embodied in the rules?

2)         Are the rules accurate and current in relation to agency operations and programs?

3)         Are the rules free of overlaps and conflicts among requirements and among regulatory jurisdictions?

4)         Is the agency consistently and uniformly administering its programs and activities in accordance with its rules?

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)