Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/28.6

(415 ILCS 5/28.6)

Sec. 28.6.

Rulemaking to update incorporation by reference.

(a) Any person may file a proposal with the Board to update an incorporation
by reference included in a Board rule.  The Board or the Agency may also make
such a proposal on its own initiative.

(b) A rulemaking to update an incorporation by reference under this Section
shall be for the sole purpose of replacing a reference to an older or obsolete
version of a document with a reference to the current version of that document
or its successor document.

(c) A rulemaking to update an incorporation by reference under this Section
shall comply with Sections 5-40 and 5-75 of the Illinois Administrative
Procedure Act. Sections 27 and 28 of this Act do not apply to rulemaking
under this Section.

(d) If an objection to the proposed amendment is filed during the public
comment period required under Section 5-40 of the Illinois Administrative
Procedure Act, then the proposed amendment shall not be adopted pursuant to
this Section.  Nothing in this Section precludes the adoption of a change to
an incorporation by reference through other lawful rulemaking procedures.

(e) The Board may adopt procedural rules to implement this Section.

(Source: P.A. 93-152, eff. 7-10-03.)