TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER III: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 750 PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SECTION 750.60 RULEMAKING PROCESS


 

Section 750.60  Rulemaking Process

 

The Director or any interested party may propose a rule, amendment to a rule, or the repeal of a rule.  Each proposal shall be treated in the following manner.

 

a)         All rule proposals shall be directed to the Bureau Manager in charge of the appropriate program.  The Bureau Manager will consult with the Director and other Bureau Managers as necessary to avoid duplication of effort and to determine whether there is a need to consider the proposal.

 

b)         If the proposal is to be pursued, the Bureau Manager will consider the purpose and need for the proposal, alternatives, associated costs, effect of the proposal on others and authority to promulgate the proposal as a rule.  In resolving these matters the Bureau Managers shall consult with other Bureau Managers and staff as necessary and shall consult with the Legal Services Unit.

 

c)         The Bureau Manager shall prepare draft language, have it reviewed by Legal Services Unit and submit it to the Director for review and approval with whatever supporting documentation is needed.

 

d)         The Director shall review the report and proposed language, if necessary, and reject the proposal, ask for revisions or cause the proposed rule to be published in the Illinois Register.

 

e)         Preparation of proposed rules for publication in the Illinois Register, submission to the Joint Committee on Administrative Rules and filing of adopted rules with the Secretary of State is the responsibility of the Bureau Manager.  Responding to public comment or JCAR comments and testifying at hearing is the responsibility of the Bureau Manager.

 

f)         Rules promulgated to implement the Personnel Code must be presented at a public hearing and then presented to the Civil Service Commission.  The public hearings shall be scheduled as part of the first notice period of the Illinois Administrative Procedure Act process.  Consideration by the Civil Service Commission shall be after the hearings but before the end of the first notice period.  Any substantive change made as a result of JCAR comment shall be submitted to the Civil Service Commission for consideration.

 

g)         Rules of the Governor's Travel Control Board are promulgated by the Department after board approval.  Changes made to accommodate public or JCAR comments, that are substantive in nature, may be made if approved by the Board.

 

h)         The Bureau Manager shall inform other Bureau Managers of any rules that might affect their operations.

 

i)          Rules in final form shall be provided to the Legal Services Unit which is the Department's official depository for administrative rules.