Illinois Administrative Code
Title 1 - GENERAL PROVISIONS
Part 250 - FIVE-YEAR EVALUATION OF ALL EXISTING RULES
Section 250.1400 - Criteria for Review
Universal Citation: 1 IL Admin Code ยง 250.1400
Current through Register Vol. 48, No. 38, September 20, 2024
The Committee will consider these criteria in its review of each set of rules:
a) Substantive
1) Is there legal authority for the
rules?
2) Do the rules comply with
the statutory authority and legislative intent on which it is based, or which
it is implementing or interpreting?
3) Do the rules comply with State and federal
constitutions, State and federal law, and case law?
4) Do they include adequate standards for the
exercise of each discretionary power discussed in the rules?
b) Propriety
1) Is there an adequate justification and
rationale for the rules and for any regulation of the public embodied in the
rules?
2) Has the agency reasonably
considered the economic and budgetary effects of the rules as well as less
costly alternatives?
3) Is the
language of the rules simple and clear, so that the rules can be understood by
the persons and groups they will affect?
4) Are the rules free of serious technical
errors, redundancies and grammatical or typographical errors that could affect
the meaning of the rules?
c) Procedural
1) Were the rules adopted in compliance with
the Act?
2) Were the rules adopted
in compliance with the requirements of the Administrative Code Division (see 1
Ill. Adm. Code 100)?
3) Were the
rules adopted in compliance with any additional requirements imposed on the
agency by State or federal law?
4)
Were the rules adopted in compliance with the agency's own rules for its
rulemaking process?
5) Has the
agency been responsive to public comment on the rules and to related requests
for rulemaking?
d) Additional
1) Has the agency shown that the
rules are necessary? Has the agency shown that there is a public need for the
regulation embodied in the rules?
2) Are the rules accurate and current in
relation to agency operations and programs?
3) Are the rules free of overlaps and
conflicts among requirements and among regulatory jurisdictions?
4) Is the agency consistently and uniformly
administering its programs and activities in accordance with its
rules?
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