Illinois Administrative Code
Title 2 - GOVERNMENTAL ORGANIZATION
Part 1225 - PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
Subpart B - RULEMAKING
Section 1225.110 - General
Universal Citation: 2 IL Admin Code ยง 1225.110
Current through Register Vol. 48, No. 38, September 20, 2024
a) Applicability.
1) Except where rulemaking procedures not
inconsistent with the Illinois Administrative Procedure Act are prescribed for
specific cases by law or by other rules of the Department, this Subpart
prescribes general rulemaking procedures that apply to the issuance, amendment,
and repeal of all rules of the Department.
2) For the purpose of this Subpart,
"Secretary" means the Secretary of Transportation, or any representative to
whom the Secretary has delegated authority to conduct rulemaking proceedings,
and "Department" means the Illinois Department of Transportation. Any of the
persons to whom the Secretary has delegated such authority may redelegate that
authority to any person who reports to him.
3) "Person" as used in this Subpart shall
mean a "person" as defined by Section 1-60 of the Illinois Administrative
Procedure Act and an "agency" as defined by Section 1-20 of the Illinois
Administrative Procedure Act, as those Sections are in effect as of the date
paragraph (3) of this Section becomes effective.
b) Information and data.
1) Information, data and records relating to
rulemaking actions, including notices of proposed rulemaking, comments received
in response to notices, petitions for rulemaking, denials of petitions for
rulemaking, and final rules are maintained by the Department.
2) Any person may examine and copy any of the
material described in paragraph (b)(1) of this Section at the Department's
Office of Public Affairs (Illinois Department of Transportation Administration
Building, Room 302, 2300 South Dirksen Parkway, Springfield, Illinois 62764,
(217)782-6953) during the regular business hours, except material which the
Secretary determines should be withheld from public disclosure under applicable
provisions of state or federal statutes, or material which the Secretary
determines to be a trade secret or information the disclosure of which would
give competitors an unfair business advantage.
3)
A) Any
person desiring a copy of any material described in paragraph (b)(1) shall be
provided a copy upon payment by that person of a reasonable fee, as determined
by the Department, not to exceed the cost to the Department of copying or
printing the material and the cost of mailing or shipping the material where
such mailing or shipping is requested.
B) Where it appears to the Department that
the fee to be charged will exceed $25, and the person requesting the copy has
not indicated in advance a willingness to pay fees as high as are anticipated,
the Department will notify the person of the amount of the anticipated fee or
such portion thereof as can readily be estimated and no copy will be provided
until the requestor agrees in writing to bear the actual cost. Where it appears
to the Department that the fee to be charged will not exceed $25, the
Department will provide the copied material together with a statement of the
fee to be paid.
C) No fee shall be
charged when the person requesting a copy makes the copy with that person's own
equipment and at that person's own expense.
D) No fee shall be charged for copies
furnished in response to a request from another agency or office of Illinois
State government, from an Illinois court, or from a member of the Illinois
General Assembly or a committee thereof for their official use.
E) The fee provided for in this paragraph
(b)(3) may be waived by the Department in whole or in part where the Department
determines that such waiver or reduction is in the public interest or where the
person requesting the copy clearly demonstrates an inability to pay the
fee.
F) The fee provided for in
this paragraph (b)(3) shall be paid by check made payable to "Treasurer, State
of Illinois."
G) Where a person
requesting a copy has previously failed to pay the fee provided for in this
paragraph (b)(3), the Department shall require that any check tendered by that
person in payment of a fee hereunder clear the State Treasury before that
person is provided the copies requested.
c) Initiation of rulemaking.
1) The Secretary may initiate rulemaking on
his own motion. However, in doing so, he may, in his discretion, consider the
recommendations of other State agencies and of other interested
persons.
2) Rulemaking initiated by
the Secretary shall be in accordance with Section
1225.130.
d) Participation by interested persons.
1) Any person may participate in
rulemaking proceedings by submitting within 14 days of the publication of the
notice in the Illinois Register either a request to participate or written
information or views. The Secretary may extend this time period in which
interested persons may participate in rulemaking proceedings.
2) Participation will be in the manner
specified in the notice of proposed rulemaking.
3) The Secretary may, in his discretion,
invite any person who the Secretary believes to be an interested person to
participate in the rulemaking proceedings.
4) The Secretary may also allow any person to
participate in additional rulemaking procedures, such as informal appearances
or hearings, held with respect to any rule.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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