093_HB3617

 
                                     LRB093 10142 JAM 10395 b

 1        AN ACT in relation to administrative procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Administrative Procedure Act  is
 5    amended by changing Section 5-145 as follows:

 6        (5 ILCS 100/5-145) (from Ch. 127, par. 1005-145)
 7        Sec. 5-145.  Request for adoption of rules.
 8        (a)  An  agency  shall,  in accordance with Section 5-35,
 9    adopt rules that implement recently  enacted  legislation  of
10    the General Assembly in a timely and expeditious manner.
11        (b)  Any  interested  person  may  request  an  agency to
12    adopt, amend, or repeal a rule. Except as otherwise indicated
13    in this subsection, each agency shall prescribe by  rule  the
14    procedure  for  consideration and disposition of the person's
15    request.  If, within 30 days after submission of  a  request,
16    the  agency  has  not  initiated  rulemaking  proceedings  in
17    accordance  with Section 5-35, the request shall be deemed to
18    have been denied granted. A denial of a request must be  made
19    in  writing  and  must state the reasons for the denial. Upon
20    denial, the person making the request may appeal  the  denial
21    to the Governor. Upon receipt of the appeal, the Governor has
22    30 days answer the appeal by either ordering a hearing by the
23    agency on the request or upholding the denial in writing. Any
24    such  denial  shall  state the reasons for the denial. If the
25    Governor does not answer within 30 days upon receipt  of  the
26    appeal  it  will  be deemed to be an order by the Governor to
27    the agency to hold a hearing on the request. Any order by the
28    Governor to hold a hearing on a request must be complied with
29    by the agency within 30 days of the order.
30    (Source: P.A. 87-823; 88-667, eff. 9-16-94.)