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5 ILCS 100/5-165 (5 ILCS 100/5-165)
Sec. 5-165. Ex parte communications in rulemaking; special government
agents.
(a) Notwithstanding any law to the contrary,
this
Section applies to ex
parte communications made during the rulemaking process.
(b) "Ex parte communication" means any written or oral communication by any
person during the rulemaking period that imparts or requests
material
information
or makes a material argument regarding
potential action concerning an agency's general, emergency, or peremptory
rulemaking under
this Act and that is communicated to that agency, the head of that agency,
or any other employee of that agency.
For purposes of this Section, the rulemaking period begins upon the
commencement of the first
notice period with respect to general rulemaking under Section 5-40, upon the
filing of a
notice of emergency rulemaking under Section 5-45, or upon the filing of a
notice of rulemaking with respect to peremptory rulemaking under Section 5-50.
"Ex parte
communication" does not include the following: (i) statements by
a person publicly made in a public forum; (ii) statements regarding
matters of procedure and practice, such as the format of public comments, the
number of copies required, the manner of filing such comments, and the status
of a rulemaking proceeding; and (iii) statements made by a
State employee of that agency to the agency head or other employee of that
agency.
(c) An ex parte communication received by any agency, agency head, or
other agency
employee shall immediately be reported to that agency's ethics officer by the
recipient of the communication and by any other employee of that agency who
responds to the communication. The ethics officer shall require that the ex
parte communication promptly be made a
part of the record of the rulemaking proceeding. The ethics officer shall
promptly file the ex parte communication with the
Executive Ethics Commission, including all written
communications, all written responses to the communications, and a memorandum
prepared by the ethics officer stating the nature and substance of all
oral communications, the identity and job title of the person to whom each
communication was made,
all responses made, the identity and job title of the person making each
response,
the identity of each person from whom the written or oral ex parte
communication was received, the individual or entity represented by that
person, any action the person requested or recommended, and any other pertinent
information.
The disclosure shall also contain the date of any
ex parte communication.
(d) Failure to take certain actions under this Section may constitute a
violation as provided in Section 5-50 of the State Officials and Employees
Ethics Act.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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