Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 240 - REVIEW OF PEREMPTORY RULEMAKING
Section 240.700 - Objection; Recommendation; Suspension
Universal Citation: 1 IL Admin Code ยง 240.700
Current through Register Vol. 48, No. 12, March 22, 2024
a) Objection
1) If the Joint Committee finds that the
peremptory rule or rulemaking does not meet one or more of the criteria in
Section
240.500 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 peremptory 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 Part 230 of the Joint Committee's rules (1 Ill. Adm.
Code 230.Exhibit A) within 5 working days after the Joint Committee hearing.
The certification shall include a statement of the specific objections of the
Joint Committee to the peremptory rule or rulemaking.
3) Each statement of specific objections
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
peremptory rule or rulemaking is incomplete or inconsistent, or does not meet
one or more of the criteria in Section
240.500 of
this Part, the Joint Committee shall recommend further action. Recommended
actions include the promulgation of general rules, the promulgation of
additional rules, the clarification of statutory authority to be introduced by
the agency or the Joint Committee or a recommendation to curtail an
unauthorized practice.
2) If the
Joint Committee issues a recommendation to the peremptory 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 peremptory rule or
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
peremptory rule or rulemaking or a portion thereof is objectionable under one
or more of the criteria in Section
240.500 of
this Part, and that the rule meets any of the criteria in Section
240.650 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 peremptory 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 Part 230 of the Joint Committee's rules (1
Ill. Adm. Code 230.Exhibit C) 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 peremptory 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 peremptory ruleor
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
peremptory rule or portion thereof by the Administrative Code Division. A
peremptory rule or portion thereofthatis 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 eitherhouseof 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 peremptory rule or portion
thereof.Therule 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 a peremptory 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 Peremptory
Rules to the agency in the manner shown in Exhibit F of Part 230 (1 Ill. Adm.
Code 230.Exhibit F) and shall certify that action to the Administrative Code
Division within 5 working days after the Joint Committee hearing.
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