Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 220 - REVIEW OF PROPOSED RULEMAKING
Section 220.600 - Required Contents of Second Notice
Universal Citation: 1 IL Admin Code ยง 220.600
Current through Register Vol. 48, No. 38, September 20, 2024
a) Submission of Second Notice
A second notice that contains the information specified in subsections (1) through (14) of this subsection (a) will be accepted by the Joint Committee. A second notice that does not include the information required by this Section will not be accepted and will be returned to the agency within 2 working days after receipt with an explanation of the reason for the return.
1) The name of the
agency.
2) The Title and Illinois
Administrative Code citation of the proposed rulemaking.
3) The date, issue, and page number of the
Illinois Register in which the first notice was published.
4) The full text and specific location of any
changes made in the rule during the first notice period, which shall be
submitted in the form specified in subsection (b) of this Section. In the event
that the Joint Committee cannot produce and provide a copy of the rulemaking to
the agency, pursuant to subsection (b)(1) below, the Joint Committee will so
inform the agency and the agency may submit its Second Notice version of the
rulemaking by one of the following methods:
A)
The original text of the proposed rulemaking showing the specific additions and
deletions which were made during the first notice period; or
B) A complete listing of all of the Sections
of the rulemaking which were changed, showing the exact changes which were made
during the first notice period; or
C) If the only changes which were made in the
rulemaking were those requested by the Administrative Code Division, a copy of
the memorandum issued by the Administrative Code Division to the agency, and a
statement that those changes, and only those changes will be made in the
adopted rule.
5) A
response to any recommendations made by the Administrative Code Division for
changes in the rules to make them comply with the codification scheme and to
correct errors pursuant to Section 5-80(b) of the Act, and the specific reasons
for agency rejection of any recommendations.
6) A statement that the rulemaking does or
does not include an incorporation by reference pursuant to Section 5-75 of the
Act, the location in the rulemaking of the incorporation, and a copy of the
cover page of the incorporated material and the specific material to be
incorporated by reference.
7) A
final regulatory flexibility analysis, which shall include the following:
A) asummary of the issues raised by small
businesses during the first notice period; and
B) adescription of actions taken on any
alternatives to the proposed rulemaking suggested by small businesses during
the first notice period, including reasons for rejecting any alternatives not
utilized (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40(c)) [5 ILCS
100/5-40(c)] .
8) A statement of the methods used by the
agency to comply with Section 5-30 of the Act and Section
220.285
of this Part.
9) An evaluation of
all comments received by the agency concerning the proposed rulemaking during
the first notice period pursuant to Section 5-100(e)(2) of the Act. This
evaluation need not include an evaluation of any questions raised by the Joint
Committee. The failure of an agency to evaluate, pursuant to this Section, the
comments received will be deemed to be an incomplete second notice. The
evaluation must include the following information:
A) a list of all persons or organizations
making comments on the proposed rulemaking;
B) a list of specific criticisms, suggestions
and comments raised by interested persons, and the agency's analysis of each of
these criticisms, suggestions and comments;
C) any changes made to the rules by the
agency as a result of criticisms, suggestions and comments made by interested
persons; and
D) The names of all
the persons or organizations requesting a public hearing and the date of any
public hearings held on the proposed rulemaking.
10) The justification and rationale for the
rulemaking required by Section 5-100(e)(4) of the Act. The justification and
rationale shall include the following:
A)
citations to changes in Illinois laws that require the rulemaking;
B) explanation of changes in agency policies
and procedures that require the rulemaking;
C) citations to federal laws, rules or
regulations, or to funding requirements that require the rulemaking;
D) citations and copies of court orders or
decisions that require the rulemaking; and
E) A complete explanation of any other
reasons for the proposed rulemaking.
11) The name, address and telephone and
telefax numbers of the agency's representative who will respond to the Joint
Committee questions regarding the proposed rulemaking.
12) If requested by the Joint Committee
pursuant to Section
220.275
of this Part, completion of the State Mandates Act Questionnaire (Exhibit
A).
13) If requested by the Joint
Committee as provided in Section
220.300
of this Part and Section 5-100(e) of the Act, a completed analysis of the
economic and budgetary effects of the proposed rulemaking (Ill. Rev. Stat.
1991, ch. 127, par. 1005-40(c)) [5 ILCS
100/5-40(c)] . The analysis shall be
in the form shown in Exhibit B of this Part. If the agency is unable to provide
any information required for the analysis, the specific reasons and
justification for not completing the analysis shall be included.
14) Any new or revised form referenced in a
proposed rulemaking if those forms are not included within that rulemaking
(Ill. Rev. Stat. 1991, ch. 127, par. 1005-110(i)) [5
ILCS 100/5-110(i)] .
b) Text Changes
1) Effective May 1, 1994, during the first
notice period, JCAR will send to the agency a copy of the rulemaking, produced
on the Administrative Code database material on the Legislative Information
System, that includes line numbers. Effective July 1, 1994 when giving second
notice, the agency shall submit, in accordance with subsection (a)(4) of this
Section, a detailed list of changes made in the rule during the first notice
period, in the form shown in Exhibit K, including changes made in response to
the Secretary of State's comments pursuant to Section 5-80 of the Act. The
location of all changes shall be identified by line number (see above). The
language change shall be designated by reference, enclosed within quotation
marks, to the words being changed, added or deleted. Replacement language, also
within quotation marks, shall be shown as underlined (new language) or struck
(language being deleted), only if that language is being added to or deleted
from existing Code text.
2) Only
those changes indicated in the First Notice Changes submission will be
recognized.
3) Effective July 1,
1994, upon acceptance of a second notice, JCAR will produce a line numbered
copy of the rulemaking that integrates the changes indicated on the First
Notice Changes submission. Any changes made in the rulemaking during the second
notice period will be indicated in the same format described in Exhibit K,
except that the document will be entitled Second Notice Changes. At the end of
the second notice period, JCAR will forward a copy of both the First Notice
Changes and the Second Notice Changes, if any, to the Administrative Code
Division.
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