Current through Register Vol. 48, No. 12, March 22, 2024
a) Regulatory Flexibility
1) During the first notice period specified
in Section
100.400,
and pursuant to Section 5-30(c) of the IAPA, the Secretary of State shall
provide to the Department of Commerce and Community Affairs a copy of any
proposed rules or amendments accepted for publication.
2) Prior to or during the first notice
period, if the agency or the Department of Commerce and Community Affairs
determines that there is an impact on small businesses, not for profit
corporations or small municipalities the agency shall provide additional
notices to the impacted entities by using one or more of the following,
pursuant to Section 5-30(b) of the Act:
A)
The inclusion in any advance notice of possible rulemakingofa statement that
the rule may have an impact on small businesses, not for profit corporations,
or small municipalities.
B) The
publication of a notice of rulemaking in publications likely to be obtained by
small businesses, not for profit corporations, or small
municipalities.
C) The direct
notification of interested small businesses, not for profit corporations, or
small municipalities.
D) The
conduct of public hearings concerning the impact of the rule on small
businesses, not for profit corporations, or small municipalities.
E) 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.
3)
During the first notice period, the Department of Commerce and Community
Affairs, if it determines that the rulemaking will have an impact on small
businesses, may complete a Regulatory Flexibility Notice to be published in the
Illinois Register.
4) Pursuant to
Section 5-30 of the IAPA, the agency shall consider the impact of the
rulemaking on small businesses, not for profit corporations, or small
municipalities, using as guidelines Section 5-30(a)(1) through (5) of the
IAPA.
5) Agencies shall include the
initial regulatory flexibility analysis on the Notice of Proposed Rules
(Amendments, Repealers) for Illinois Register publication and a final
regulatory flexibility analysis when submitting the proposed rule(s) to JCAR
for the second notice period. If an agency determines that its rulemaking does
not affect small businesses, not for profit corporations or small
municipalities, it shall so state on the Notice of Proposed Rules (Amendments,
Repealer). The term "n/a" shall not be accepted.
b) Statement of Statewide Policy Objectives
This statement, pursuant to Section 5 of the State Mandates
Act (Ill. Rev. Stat. 1991, ch. 85, par. 2205) [30 ILCS
805/5 ], shall be included on the Notice of Proposed,
Emergency, or Peremptory Rules for Register publication. This statement must
justify the imposition of the proposed requirements which wouldnecessitatea
local government to establish, expand or modify its activities in such a way as
to necessitate additional expenditures from local revenues,and must explain why
such policy objectives cannot be achieved in the absence of these proposed
requirements.
