Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 230 - REVIEW OF EMERGENCY RULEMAKING
Section 230.600 - Objection; Recommendation; Suspension
Universal Citation: 1 IL Admin Code ยง 230.600
Current through Register Vol. 48, No. 52, December 27, 2024
a) Objection
1) If the Joint Committee finds that the
emergency rule or rulemaking does not meet one or more of the criteria in
Section
230.400 of
this Part, the Joint Committee shall object to the rulemaking pursuant to
Section 5-120 of the Act.
2) If the
Joint Committee objects to the emergency rule or rulemaking, it shall certify
that fact to the agency. Such certification will be sent to the agency in the
form shown in Exhibit A of this Part within 5 working days after the Joint
Committee hearing. The certification shall include a statement of the specific
objection of the Joint Committee to the emergency rulemaking.
3) Each statement of specific objection shall
also be submitted to the Administrative Code Division for publication in the
next available issue of the Illinois Register.
b) Recommendation
1) If the Joint Committee finds that the
emergency rule or rulemaking is incomplete or inconsistent, or does not meet
one or more of the criteria in Section
230.400 of
this Part, the Joint Committee shall recommend further action. Recommended
actions include additional rulemaking or the introduction of legislation by the
agency or the Joint Committee.
2)
If the Joint Committee issues a recommendation to the emergency rule or
rulemaking, it shall so notify the agency within 5 working days after the Joint
Committee hearing. The notification shall include a statement of the specific
recommendation of the Joint Committee to the emergency rulemaking.
3) Each statement of specific recommendations
shall also be submitted to the Administrative Code Division for publication in
the next available issue of the Illinois Register.
c) Suspension
1) If the Joint Committee finds that the
emergency rule or rulemaking, or portion thereof, is objectionable under one or
more of the criteria in Section
230.400 of
this Part, and that the rule meets any of the criteria in Section
230.550 of
this Part, the Joint Committee shall suspend the rule or portion thereof
pursuant to Section 5-125 of the Act. Such action can only be taken upon the
affirmative vote of three-fifths of the members appointed to the Joint
Committee.
2) If the Joint
Committee suspends the emergency rule or portion thereof, it shall certify that
fact to the agency and the Administrative Code Division. Such certification
will be sent to the agency and the Administrative Code Division in the form
shown in Exhibit C of this Part within 5 working days after the Joint Committee
hearing. The certification shall include a statement of the reasons for the
Joint Committee's suspension of the emergency rule or portion
thereof.
3) Each statement of
suspension shall also be submitted to the Administrative Code Division for
publication in the next available issue of the Illinois Register.
4) The effectiveness of the emergency rule or
portion thereof shall be suspended immediately for at least 180 days upon
receipt of the certified statement by the Administrative Code Division. The
suspension shall be indicated prominently and clearly on the face of the
emergency rule or portion thereof by the Administrative Code Division. An
emergency rule or portion thereof that is suspended cannot be enforced, or
invoked for any reason, by the Agency. (Ill. Rev. Stat. 1991, ch. 127, par.
1005-125(b)) [5
ILCS 100/5-125(b)]
5) The Joint Committee shall introduce a
joint resolution in either house of the General Assembly to continue the
suspension. Passage of the Joint Resolution by the General Assembly within 180
days after the certification is received by the Administrative Code Division
will have the effect of repealing the emergency rule or portion thereof. The
rule or portion thereof shall be immediately removed from the compilation of
effective rules by the Administrative Code Division. (Ill. Rev. Stat. 1991, ch.
127, par. 1005-125(c)) [5
ILCS 100/5-125(c)]
6) Upon the affirmative vote of the majority
of the members of the Joint Committee voting, a suspension of an emergency rule
may be withdrawn. Withdrawal of a suspension must be done prior to the passage
of the Joint Resolution in either house of the General Assembly. The Joint
Committee shall issue a Certification of Withdrawal of Suspension of Emergency
Rules to the agency in the manner shown in Exhibit F of this Part and shall
certify that action to the Administrative Code Division within 5 working days
after the Joint Committee hearing.
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