Current through Register Vol. 48, No. 38, September 20, 2024
a) An agency may request the Committee to
issue a Certificate of Correction with respect to an adopted rule filed with
the Secretary of State. The certificate shall authorize changes in rule text to
address:
1) nonsubstantive errors, such as
typographical, clerical, grammatical, printing, copying, or other inadvertent
errors, such as omission of existing or inclusion of previously repealed
Illinois Administrative Code text;
2) any omissions or errors that create
unintentional discrepancies between adopted rule text and text previously
published in the Illinois Register or second notice rule text; or
3) any discrepancies between adopted rule
text and agreements certified by the Committee during the second notice period.
(Section 5-85(b) of the Act)
b) Agency requests for a Certificate of
Correction shall be in writing and shall be clearly identified as a Request for
Correction. Requests shall be submitted to the Executive Director at the
following address:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, Illinois 62706
c) Agency requests for a Certificate of
Correction shall include the following information:
1) the name of the agency;
2) the title and Illinois Administrative Code
citation of the affected rule;
3)
the date, page number and volume number of the Illinois Register in which the
first notice of the rulemaking that gave rise to the agency request for
Certificate of Correction was published and of the Illinois Register in which
the rulemaking was adopted;
4) the
full text of the affected Sections, indicating both the incorrect text and the
agency's proposal for correction, in accordance with 1 Ill. Adm. Code
100.420(c);
5) an explanation of the reasons listed in
subsection (a) that apply;
6) an
explanation of how the public interest will be served and no hardship created
by correction of the error cited by the agency, information verifying that the
public notice considerations of the Act are not unduly circumvented, the
agency's rationale for requesting expedited rulemaking as opposed to adhering
to the time constraints of the regular rulemaking process, and a description of
the measures taken and to be taken by the agency to make the Request for
Correction and Certificate of Correction known to persons affected by the
rule;
7) the name, address and
telephone and telefax number of the agency representative who will respond to
Committee questions regarding the Request for Correction and to whom the public
may comment; and
8) in the event an
effective date of the Correction is sought by the agency that differs from the
effective date of the rulemaking that is being corrected, the proposed
effective date of Correction and the rationale for the different effective
date.
d) If a Request
for Correction does not meet the requirements of subsection (c) above, no
action shall be taken to certify the correction until the agency has, pursuant
to a request from the Committee, provided the additional or clarified
information.
