Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 220 - REVIEW OF PROPOSED RULEMAKING
Section 220.900 - Criteria for Review
Universal Citation: 1 IL Admin Code ยง 220.900
Current through Register Vol. 47, No. 52, December 29, 2023
a) The Joint Committee will consider these criteria in its review of proposed rulemakings:
1) Substantive
A) Does the agency have legal authority for
the proposed rulemaking?
B) Does
the proposed rulemaking comply with the statutory authority and legislative
intent on which it is based or that it is implementing or
interpreting?
C) Does the proposed
rulemaking comply with State and federal constitutions, State and federal law,
federal rules and regulations, and case law?
D) Does the proposed rulemaking include
standards for the exercise of discretionary authority?
E) Are the standards defined as clearly as
practicable under the conditions?
F) Does the agency have rulemaking
authority?
2) Propriety
A) Is there an adequate justification and
rationale for the proposed rulemaking and for any regulation of the public
embodied in the rules?
B) Has the
agency considered the economic effects of the rulemaking upon those regulated,
including small businesses, not for profit corporations, units of local
government, school districts and community college districts?
C) Has the agency considered less costly
alternatives to this proposed rulemaking?
D) Has the agency considered the budgetary
effects of the proposed rulemaking upon itself, other State agencies, and State
revenue in general?
E) Is the
language of the rules simple and clear, so that the rules can be understood by
the persons and groups they will affect?
F) Are the rules free of serious technical
errors, redundancies and grammatical or typographical errors that could affect
the meaning of the rules?
3) Procedural
A) Does the proposed rulemaking comply with
Section 5-40 of the Act?
B) Does
the proposed rulemaking comply with the requirements of the Administrative Code
Division (see 1 Ill. Adm. Code 100)?
C) Does the proposed rulemaking comply with
any additional requirements imposed on the agency by State or federal
law?
D) Does the proposed
rulemaking comply with the agency's own rules for the promulgation of
rules?
E) Was the agency responsive
to public comments concerning the rulemaking?
F) Did the agency comply with Section 5-30 of
the Act, if applicable, in connection with the rulemaking?
b) If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 5-110 of the Act and Section 220.1000 of this Part.
Amended at 18 Ill. Reg. 4758, effective March 14, 1994
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