Illinois Administrative Code
Title 62 - MINING
Part 1700 - GENERAL
Section 1700.12 - Petitions to Initiate Rulemakings

Universal Citation: 62 IL Admin Code ยง 1700.12

Current through Register Vol. 48, No. 12, March 22, 2024

a) Any person may petition the Department to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720 ] (the State Act). The petition shall be submitted to the Department's Springfield office.

b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a regulation under the State Act and whether the petitioner wants a public hearing.

c) Upon receiving the petition, the Director shall determine if the petition sets forth facts, technical justification, and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. A reasonable basis is not facts, technical justification, or law previously considered in a petition for rulemaking. The Director shall hold a public hearing, if requested, to determine whether the petition shall be granted.

d) Within 90 days after receiving the petition, the Director shall issue a final written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department.

1) If the Director grants the petition, the Director shall, at the time he issues the decision, submit the proposed rule to the Administrative Code Division of the Secretary of State with a notice and text of the proposed rulemaking; or

2) If the Director denies the petition, the Director shall notify the petitioner in writing, stating the reasons for denial.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.