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(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
Sec. 5-120. Responsibilities of the Joint Committee with respect to
emergency, peremptory, and other existing rules.
(a) The Joint Committee may examine any rule to determine whether the rule
is within the statutory authority upon which it is based and whether the rule
is in proper form.
(b) If the Joint Committee objects to a rule, it shall, within 5 days
of the objection, certify the fact to the adopting agency and include within
the certification a statement of its specific objections.
(c) Within 90 days after receiving the certification, the agency shall
do one of the following:
(1) Notify the Joint Committee that it has elected to |
| amend the rule to meet the Joint Committee's objection.
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(2) Notify the Joint Committee that it has elected to
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(3) Notify the Joint Committee that it refuses to
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| amend or repeal the rule.
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(d) If the agency elects to amend a rule to meet the Joint Committee's
objections, it shall notify the Joint Committee in writing and shall initiate
rulemaking procedures for that purpose by giving notice as required by
Section 5-35. The Joint Committee shall give priority to rules
so amended when setting its agenda.
(e) If the agency elects to repeal a rule as a result of the Joint
Committee's objections, it shall notify the Joint Committee in writing of
its election and shall initiate rulemaking procedures for that purpose by
giving notice as required by Section 5-35.
(f) If the agency elects to amend or repeal a rule as a result of the
Joint Committee's objections, it shall complete the process within 180 days
after giving notice in the Illinois Register.
(g) Failure of the agency to respond to the Joint Committee's objections
to a rule within the time prescribed in subsection (c) shall constitute
a refusal to amend or repeal the rule.
(h) If an agency refuses to amend or repeal a rule 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, in response to an agency
refusal, decides to suspend a rule adopted under Section 5-45 or 5-50, then it may do so pursuant to Section 5-125. Any member of the General Assembly may introduce legislation in the General Assembly to implement the recommendations of the Joint Committee concerning emergency, peremptory, and other existing rules.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
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