(5 ILCS 100/5-110) (from Ch. 127, par. 1005-110)
Sec. 5-110.
Responsibilities of the Joint Committee with respect to proposed
rules, amendments, or repealers.
(a) The Joint Committee shall examine any proposed rule, amendment to a
rule, and repeal of a rule to determine whether the proposed rule, amendment to
a rule, or repeal of a rule is within the statutory authority upon which it is
based; whether the rule, amendment to a rule, or repeal of a rule is in proper
form; and whether the notice was given before its adoption, amendment, or
repeal and was sufficient to give adequate notice of the purpose and effect of
the rule, amendment, or repeal. In addition, the Joint Committee may consider
whether the agency has considered alternatives to the rule that are consistent
with the stated objectives of both the applicable statutes and regulations and
whether the rule is designed to minimize economic impact on small businesses.
(b) If the Joint Committee objects to a proposed rule, amendment to
a rule, or repeal of a rule, it shall certify the fact to the issuing
agency and include with the certification a statement of its specific
objections.
(c) If within the second notice period the Joint Committee certifies its
objections to the issuing agency, then that agency shall do one of the
following within 90 days after receiving the statement of objection:
(1) Modify the proposed rule, amendment, or repealer |
(d) If an agency elects to modify a proposed rule, amendment, or
repealer to meet the Joint Committee's objections, it shall make
those modifications that are necessary to meet the
objections and shall resubmit the rule, amendment, or repealer to the Joint
Committee. In addition, the agency shall submit a notice of its election to
modify the proposed rule, amendment, or repealer to meet the Joint
Committee's objections to the Secretary of State, and the notice shall be
published in the first available issue of the Illinois Register, but the
agency shall not be required to conduct a public hearing. If the Joint
Committee determines that the modifications do not remedy the Joint
Committee's objections, it shall so notify the agency in writing and shall
submit a copy of that notification to the Secretary of State for
publication in the next available issue of the Illinois Register. In
addition, the Joint Committee may recommend legislative action as provided
in subsection (g) for agency refusals.
(e) If an agency elects to withdraw a proposed rule,
amendment, or repealer as a result of the Joint Committee's objections,
it shall notify the Joint Committee in writing of its election and
shall submit a notice of the withdrawal to the Secretary of State. The
notice shall be published in the next available issue of the Illinois Register.
(f) Failure of an agency to respond to the Joint Committee's objections
to a proposed rule, amendment, or repealer within the time prescribed in
subsection (c) shall constitute withdrawal of the proposed rule, amendment,
or repealer in its entirety. The Joint Committee shall submit a notice
to that effect to the Secretary of State, and the notice shall be published
in the next available issue of the Illinois Register. The Secretary of
State shall refuse to accept for filing a certified copy of the proposed
rule, amendment, or repealer under the provisions of Section 5-65.
(g) If an agency refuses to modify or withdraw the proposed rule, amendment,
or repealer to remedy an objection stated by the Joint Committee,
it shall notify the Joint Committee in writing of its refusal and shall
submit a notice of refusal to the Secretary of State. The notice shall be
published in the next available issue of the Illinois Register. If the
Joint Committee decides to recommend legislative action in response to an
agency refusal, then the Joint Committee shall have drafted and introduced
into either house of the General Assembly appropriate legislation to
implement the recommendations of the Joint Committee.
(h) No rule, amendment, or repeal of a rule shall be accepted by the
Secretary of State for filing under Section 5-65, if the rulemaking is subject
to this Section, until after the agency has responded to the objections
of the Joint Committee as provided in this Section.
(Source: P.A. 90-372, eff. 7-1-98.)
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