Current through Register Vol. 48, No. 38, September 20, 2024
a)
There are two notice periods required in rulemaking, pursuant to Section 5-40
of the IAPA:
1) The first notice period is at
least 45 days in length from the date the proposed rules appear in the Illinois
Register. During this first notice period, the agency must allow interested
persons who submit a request to comment during the first 14 days of the notice
period reasonable opportunity to comment on the proposed rule. Request to
comment may be submitted either orally or in writing at the agency's
discretion. If a public hearing is to be held on the proposed rule, and notice
of such does not appear on the Notice of Proposed Rules (Amendments, Repealers)
published in the Register, the agency may submit a Notice of Public Hearing on
Proposed Rules for Register publication. (See 100.Appendix A, Illustration E)
This Notice must meet the publication requirements outlined in Section
100.220.
2) The second notice period begins on the day
JCAR receives written notice from the agency and expires 45 days later unless,
prior to that time, the agency and JCAR have agreed to extend the second notice
period beyond 45 days for a period not to exceed an additional 45 days or the
agency receives either a statement of objection from JCAR or notification that
no objection will be raised. (See 1 Ill. Adm. Code 220 for information on
submitting rules to JCAR for the second notice period.)
b) No more than one year may elapse from the
date the proposed rule appeared in the Illinois Register until the date the
rule is adopted or filed with the Index Department. Should more than one year
elapse, such rule shall not be adopted or filed with the Index Department. (See
Section 5-40(e) of the Act) For example, if a proposed rule appears in the
Illinois Register on March 1 of one year, it lapses on February 28 or February
29 of the following year unless February 28 or February 29 falls on a holiday
or a weekend, in which case the lapsed time would be the following
day.
