(20 ILCS 801/80-35)
Sec. 80-35. Savings provisions.
(a) The rights, powers, and duties transferred to or retained in the
Department of Natural Resources, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency by this Act shall be vested in
and shall be exercised by
them subject to the provisions of this Act.
(b) An act done by a successor department or agency, or an officer or
employee thereof, in the exercise of the rights, powers, and duties transferred
by this Act shall have the same legal effect as if done by the former
department or division or the officers or employees thereof.
(c) The transfer of rights, powers, and duties to the Department of Natural
Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not invalidate any previous action
taken by or in respect to any of their predecessor departments or divisions
or their officers or employees.
References to these predecessor departments or divisions or their officers or
employees in any document, contract, agreement, or law shall, in appropriate
contexts, be deemed to refer to the successor department, agency, officer, or
employee.
(d) The transfer of powers and duties to the Department of Natural
Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not affect any person's rights,
obligations, or duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred powers and duties.
(e) Whenever reports or notices are now required to be made or given or
documents furnished or served by any person to or upon the departments or
divisions, officers and employees transferred by this Act, they shall be made,
given, furnished, or served in the same manner to or upon the successor
department or agency, officer or employee.
(f) This Act does not affect any act done, ratified, or cancelled, any right
occurring or established, or any action or proceeding had or commenced in an
administrative, civil, or criminal cause before this Act takes effect. Any
such action or proceeding still pending may be prosecuted and continued by the
Department of Natural Resources, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity), or the Historic Preservation Agency, as the case may be.
(g) This Act does not affect the legality of any rules that are in force on
the effective date of this Act that have been duly adopted by any of the
agencies reorganized under this Act. Those rules shall continue in effect
until amended or repealed, except that references to a predecessor department
shall, in appropriate contexts, be deemed to refer to the successor department
or agency under this Act.
As soon as practicable after the effective date of this Act, the Department
of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the
Historic Preservation Agency shall each propose and adopt under the Illinois
Administrative Procedure Act any rules that may be necessary to consolidate and
clarify the rules of their predecessor departments relating to matters
transferred to them under this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
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