State of Illinois
90th General Assembly
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90_HB1567

      20 ILCS 1705/5            from Ch. 91 1/2, par. 100-5
          Amends the Department of Mental Health and  Developmental
      Disabilities  Act  (short  title changed to Mental Health and
      Developmental Disabilities Administrative Act effective  July
      1,  1997) by adding a caption to the Section concerning rules
      adopted under the Act.
                                                     LRB9004390MWpc
                                               LRB9004390MWpc
 1        AN ACT to amend  the  Department  of  Mental  Health  and
 2    Developmental Disabilities Act (short title changed to Mental
 3    Health  and  Developmental  Disabilities  Administrative  Act
 4    effective July 1, 1997) by changing Section 5.
 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:
 7        Section  5.   The  Department  of   Mental   Health   and
 8    Developmental   Disabilities  Act  (short  title  changed  to
 9    Mental Health and Developmental  Disabilities  Administrative
10    Act  effective July 1, 1997) is amended by changing Section 5
11    as follows:
12        (20 ILCS 1705/5) (from Ch. 91 1/2, par. 100-5)
13        Sec.  5.   Rules;  Administrative  Procedure  Act.    The
14    provisions  of  the Illinois Administrative Procedure Act are
15    hereby   expressly   adopted   and   shall   apply   to   all
16    administrative rules and procedures of the  Department  under
17    this  Act,  except  that  in  case  of  conflict  between the
18    Illinois  Administrative  Procedure  Act  and  this  Act  the
19    provisions of this Act shall control, and except that Section
20    5-35 of the Illinois Administrative Procedure Act relating to
21    procedures for rule-making does not apply to the adoption  of
22    any rule required by federal law in connection with which the
23    Department   is   precluded   by   law  from  exercising  any
24    discretion.
25    (Source: P.A. 88-45.)

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