(5 ILCS 100/5‑15) (from Ch. 127, par. 1005‑15)
Sec. 5‑15. Required rules.
(a) Each agency shall maintain as rules the following:
(1) A current description of the agency's |
| organization with necessary charts depicting that organization. | |
(2) The current procedures by which the public can |
| obtain information or make submissions or requests on subjects, programs, and activities of the agency. Requests for copies of agency rules shall not be deemed Freedom of Information Act requests unless so labeled by the requestor. | |
(3) Tables of contents, indices, reference tables, |
| and other materials to aid users in finding and using the agency's collection of rules currently in force. | |
(4) A current description of the agency's rulemaking |
| procedures with necessary flow charts depicting those procedures. | |
(5) Any rules adopted under this Section in |
| accordance with Sections 5‑75 and 10‑20 of this Act. | |
(b) The rules required to be filed by this Section may be adopted, amended, or repealed and filed as provided in this Section instead of any other provisions or requirements of this Act.
The rules required by this Section may be adopted, amended, or repealed by filing a certified copy with the Secretary of State under subsections (a) and (b) of Section 5‑65 and may become effective immediately.
(Source: P.A. 90‑155, eff. 7‑23‑97.) |
(5 ILCS 100/5‑30)
(from Ch. 127, par. 1005‑30)
Sec. 5‑30.
Regulatory flexibility.
When an agency proposes a new rule or an amendment to an existing rule that may have an impact on small businesses, not for profit corporations, or small municipalities, the agency shall do each of the following:
(a) The agency shall consider each of the following methods for reducing the impact of the rulemaking on small businesses, not for profit corporations, or small municipalities. The agency shall reduce the impact by utilizing one or more of the following methods if it finds that the methods are legal and feasible in meeting the statutory objectives that are the basis of the proposed rulemaking.
(1) Establish less stringent compliance or reporting
| requirements in the rule for small businesses, not for profit corporations, or small municipalities. | |
(2) Establish less stringent schedules or deadlines |
| in the rule for compliance or reporting requirements for small businesses, not for profit corporations, or small municipalities. | |
(3) Consolidate or simplify the rule's compliance or |
| reporting requirements for small businesses, not for profit corporations, or small municipalities. | |
(4) Establish performance standards to replace |
| design or operational standards in the rule for small businesses, not for profit corporations, or small municipalities. | |
(5) Exempt small businesses, not for profit |
| corporations, or small municipalities from any or all requirements of the rule. | |
(b) Before or during the notice period required under subsection (b) of Section 5‑40, the agency shall provide an opportunity for small businesses, not for profit corporations, or small municipalities to participate in the rulemaking process. The agency shall utilize one or more of the following techniques. These techniques are in addition to other rulemaking requirements imposed by this Act or by any other Act.
(1) The inclusion in any advance notice of possible |
| rulemaking of a statement that the rule may have an impact on small businesses, not for profit corporations, or small municipalities. | |
(2) The publication of a notice of rulemaking in |
| publications likely to be obtained by small businesses, not for profit corporations, or small municipalities. | |
(3) The direct notification of interested small |
| businesses, not for profit corporations, or small municipalities. | |
(4) The conduct of public hearings concerning the |
| impact of the rule on small businesses, not for profit corporations, or small municipalities. | |
(5) The use of special hearing or comment procedures |
| to reduce the cost or complexity of participation in the rulemaking by small businesses, not for profit corporations, or small municipalities. | |
(c) Before the notice period required under subsection (b) of Section 5‑40, the Secretary of State shall provide to the Business Assistance Office of the Department of Commerce and Economic Opportunity a copy of any proposed rules or amendments accepted for publication. The Business Assistance Office shall prepare an impact analysis of the rule describing the rule's effect on small businesses whenever the Office believes, in its discretion, that an analysis is warranted or whenever requested to do so by 25 interested persons, an association representing at least 100 interested persons, the Governor, a unit of local government, or the Joint Committee on Administrative Rules. The impact analysis shall be completed within the notice period as described in subsection (b) of Section 5‑40. Upon completion of the analysis the Business Assistance Office shall submit this analysis to the Joint Committee on Administrative Rules, any interested person who requested the analysis, and the agency proposing the rule. The impact analysis shall contain the following:
(1) A summary of the projected reporting, |
| recordkeeping, and other compliance requirements of the proposed rule. | |
(2) A description of the types and an estimate of |
| the number of small businesses to which the proposed rule will apply. | |
(3) An estimate of the economic impact that the |
| regulation will have on the various types of small businesses affected by the rulemaking. | |
(4) A description or listing of alternatives to the |
| proposed rule that would minimize the economic impact of the rule. The alternatives must be consistent with the stated objectives of the applicable statutes and regulations. | |
(Source: P.A. 94‑793, eff. 5‑19‑06.) |
(5 ILCS 100/5‑40) (from Ch. 127, par. 1005‑40)
Sec. 5‑40. General rulemaking.
(a) In all rulemaking to which Sections 5‑45 and 5‑50 do not apply, each agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its intended action to the general public. This first notice period shall commence on the first day the notice appears in the Illinois Register. The first notice shall include all the following:
(1) The text of the proposed rule, the old and new |
| materials of a proposed amendment, or the text of the provision to be repealed. | |
(2) The specific statutory citation upon which the |
| proposed rule, the proposed amendment to a rule, or the proposed repeal of a rule is based and by which it is authorized. | |
(3) A complete description of the subjects and |
|
(3.5) A descriptive title or other description of |
| any published study or research report used in developing the rule, the identity of the person who performed such study, and a description of where the public may obtain a copy of any such study or research report. If the study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, the agency shall also make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under the Freedom of Information Act. | |
(4) For all proposed rules and proposed amendments |
| to rules, an initial regulatory flexibility analysis containing a description of the types of small businesses subject to the rule; a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule; and a description of the types of professional skills necessary for compliance. | |
(5) The time, place, and manner in which interested |
| persons may present their views and comments concerning the proposed rulemaking. | |
During the first notice period, the agency shall accept from any interested persons data, views, arguments, or comments. These may, in the discretion of the agency, be submitted either orally or in writing or both. The notice published in the Illinois Register shall indicate the manner selected by the agency for the submissions. The agency shall consider all submissions received.
The agency shall hold a public hearing on the proposed rulemaking during the first notice period if (i) during the first notice period, the agency finds that a public hearing would facilitate the submission of views and comments that might not otherwise be submitted or (ii) the agency receives a request for a public hearing, within the first 14 days after publication of the notice of proposed rulemaking in the Illinois Register, from 25 interested persons, an association representing at least 100 interested persons, the Governor, the Joint Committee on Administrative Rules, or a unit of local government that may be affected. At the public hearing, the agency shall allow interested persons to present views and comments on the proposed rulemaking. A public hearing in response to a request for a hearing may not be held less than 20 days after the publication of the notice of proposed rulemaking in the Illinois Register unless notice of the public hearing is included in the notice of proposed rulemaking. A public hearing on proposed rulemaking may not be held less than 5 days before submission of the notice required under subsection (c) of this Section to the Joint Committee on Administrative Rules. Each agency may prescribe reasonable rules for the conduct of public hearings on proposed rulemaking to prevent undue repetition at the hearings. The hearings must be open to the public and recorded by stenographic or mechanical means. At least one agency representative shall be present during the hearing who is qualified to respond to general questions from the public regarding the agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the proposed rulemaking to the Joint Committee on Administrative Rules. The period commencing on the day written notice is received by the Joint Committee shall be known as the second notice period and shall expire 45 days thereafter unless before that time the agency and the Joint Committee have agreed to extend the second notice period beyond 45 days for a period not to exceed an additional 45 days or unless the agency has received a statement of objection from the Joint Committee or notification from the Joint Committee that no objection will be issued. The written notice to the Joint Committee shall include (i) the text and location of any changes made to the proposed rulemaking during the first notice period in a form prescribed by the Joint Committee; (ii) for all proposed rules and proposed amendments to rules, a final regulatory flexibility analysis containing a summary of issues raised by small businesses during the first notice period and a description of actions taken on any alternatives to the proposed rule suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized; and (iii) if a written request has been made by the Joint Committee within 30 days after initial notice appears in the Illinois Register under subsection (b) of this Section, an analysis of the economic and budgetary effects of the proposed rulemaking. After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Joint Committee. The agency shall also send a copy of the final regulatory flexibility analysis to each small business that has presented views or comments on the proposed rulemaking during the first notice period and to any other interested person who requests a copy. The agency may charge a reasonable fee for providing the copies to cover postage and handling costs.
(d) After the expiration of the second notice period, after notification from the Joint Committee that no objection will be issued, or after a response by the agency to a statement of objections issued by the Joint Committee, whichever is applicable, the agency shall file, under Section 5‑65, a certified copy of each rule, modification, or repeal of any rule adopted by it. The copy shall be published in the Illinois Register. Each rule hereafter adopted under this Section is effective upon filing unless a later effective date is required by statute or is specified in the rulemaking.
(e) No rule or modification or repeal of any rule may be adopted, or filed with the Secretary of State, more than one year after the date the first notice period for the rulemaking under subsection (b) commenced. Any period during which the rulemaking is prohibited from being filed under Section 5‑115 shall not be considered in calculating this one‑year time period.
(Source: P.A. 92‑330, eff. 1‑1‑02.) |