Section 260.700  Criteria for Review

a)         The Joint Committee will consider the following criteria in its review of a complaint based upon existing rules:

1)         Substantive

A)        Does the agency have legal authority for the rules?

B)        Does the agency have rulemaking authority?

C)        Do the rules comply with the statutory authority and legislative intent on which they are based, or that they are implementing or interpreting?

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

E)        Do the rules include standards for the exercise of discretionary authority?  Are the standards defined as clearly as practicable under the conditions?

2)         Propriety

A)        Is there an adequate justification and rationale for the rules 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, units of local government, school districts, and community college districts?

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

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

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

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

3)         Procedural

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

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

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

D)        Were the rules adopted in compliance with the agency's own rules for the promulgation of rules?

E)        Was the agency responsive to public comments made to the rules and to related requests for rulemaking?

4)         Additional

A)        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?

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

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

b)         The Joint Committee will use the following criteria for its review of agency rules or policy not promulgated pursuant to the Illinois Administrative Procedure Act:

1)         Is the entity enforcing the policy in question an agency as defined in the Act?

2)         Does the agency have statutory authority for the policy?

3)         Does the agency have rulemaking authority?

4)         Does the policy comply with the statutory authority and legislative intent upon which it is based?

5)         Does the policy comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?

6)         Is the policy included in any agency rule?  Is the policy included in an internal agency document?

7)         Does the policy meet the definition of a rule found in the Act?

c)           If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) or (b) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 260.900 of this Part.

(Source:  Amended at 18 Ill. Reg. 4705, effective March 14, 1994)