Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 240 - REVIEW OF PEREMPTORY RULEMAKING
Section 240.500 - Criteria for Review
Universal Citation: 1 IL Admin Code ยง 240.500
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Joint Committee will consider these criteria in its review of peremptory rules and rulemakings:
1) Peremptory Rulemaking
A) Were conditions present that precluded the
agency from complying with the general rulemaking requirements of Section 5-40
of the Act?
B) Was the agency
required to adopt the rules as a direct result of federal law, federal rules
and regulations, court orders, or a collective bargaining agreement?
C) Is the peremptory rule limited to what is
required by the federal law, federal rules or regulations, court order or
collective bargaining agreement?
D)
Was the agency precluded from the exercise of discretion concerning the content
of the peremptory rule?
E) Has the
agency given an adequate reason for not complying with the notice and hearing
requirements of Section 5-40 of the Act?
F) Did the agency file the notice of
peremptory rulemaking with the Administrative Code Division within 30 days
after the change in the rules was required or necessary? Does the notice refer
to the federal law, federal rules or regulations, court order, or collective
bargaining agreement that required the peremptory rules?
G) Did the agency submit to the Joint
Committee, when or before the notice of peremptory rulemaking was filed with
the Administrative Code Division, a copy of the court order or collective
bargaining agreement or the specific citation to the federal law or federal
rules or regulations that required the peremptory rulemaking?
2) Substantive
A) Does the agency have legal authority for
each portion of the peremptory rule?
B) Does each portion of the peremptory rule
comply with the statutory authority and legislative intent on which it is
based, or which it is implementing or interpreting?
C) Does each portion of the peremptory rule
and rulemaking comply with State and federal constitutions, State and federal
law, federal rules and regulations, and case law?
D) Does each portion of the peremptory rule
include standards for the exercise of discretionary authority? Are the
standards defined as clearly as practicable under the conditions?
E) Does the agency have rulemaking
authority?
3) Propriety
A) Is there an adequate justification and
rationale for the peremptory rules and rulemaking and for any regulation of the
public embodied in the rules?
B)
Has the agency considered the economic effects of the rules upon those
regulated, including small businesses, not for profit corporations and units of
local government, school districts, and community college districts?
C) Has the agency considered less costly
alternatives to the peremptory rules?
D) Has the agency considered the budgetary
effects of the peremptory rules upon itself, other State agencies, and State
revenue in general?
E) Is the
language of the peremptory rules simple and clear, so that the rules can be
understood by the persons and groups they will affect?
F) Are the peremptory rules free of serious
technical errors, redundancies and grammatical or typographical errors that
could affect the meaning of the rules?
4) Procedural
A) Does the peremptory rulemaking comply with
the requirements of the Administrative Code Division (1 Ill. Adm. Code
100)?
B) Does the peremptory rule
and rulemaking comply with any additional requirements imposed on the agency by
State or federal law?
C) Does the
peremptory rule and rulemaking comply with the agency's own rules for the
promulgation of rules?
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 240.700(a) or (b) of this Part.
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