Section 250.100  Authority

 

The Committee will review all agency rules on a periodic basis by the subject of the rules.  Each set of rules of each agency will be evaluated during the course of this review at least once every five years.  This review is mandated by Section 5-130 of the Act.

 

Section 250.200  Relation to Other Reviews

 

The five-year review of all agency rules discussed in this Part is in addition to the review of proposed rules of State agencies and other reviews of agency rules authorized by other provisions of the Act.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.300  Subject Categories

 

To insure that the Committee reviews similar rules at the same time (Ill. Rev. Stat. 1991, ch. 127, par. 1005-130) [5 ILCS 100/5-130], it will assign each set of rules to one of the categories listed in Sections 250.400 through 250.800.  As new sets of rules are adopted, they will be assigned to these categories and the Committee will maintain a current listing of all of the rules under each category.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.400  Schedule: First Year

 

In the first year of each five-year review cycle the Committee will review all of the rules assigned to the category of Industry and Labor, including:

 

a)         Agricultural Regulation

 

b)         Business Regulation

 

c)         Consumer Protection

 

d)         Labor Laws

 

e)         Regulation of Occupations

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.500  Schedule: Second Year

 

In the second year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:

 

a)         Education and Cultural Resources

 

1)         Special Education

 

2)         Vocational and Professional Education

 

b)         Financial Institutions

 

c)         Government Management

 

1)         State Buildings, Construction and Maintenance

 

2)         State Travel

 

d)         Human Resources

 

1)         Grants for Medical Services

 

2)         Public Health

 

3)         State Adult Institutions

 

e)         Natural Resources

 

1)         Land Pollution Control

 

2)         Wildlife Management

 

f)         Public Utilities

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.600  Schedule: Third Year

 

In the third year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:

 

a)         Education and Cultural Resources

 

1)         Educational Grants and Scholarship Programs

 

2)         Cultural Resources

 

b)         Emergency Services

 

c)         Government Management

 

1)         Elections

 

2)         Records and Information Management

 

3)         State Financial Management

 

d)        Human Resources

 

1)         Food Handling and Services

 

2)         Regulation of Social Services

 

e)         Natural Resources

 

1)         Parks and Recreation Management

 

2)         Public Water Supplies

 

f)         Transportation − Railroad Regulation

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 24, 1994)

 

Section 250.700  Schedule: Fourth Year

 

In the fourth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:

 

a)         Education and Cultural Resources

 

1)         Higher Education

 

2)         Elementary and Secondary Education

 

b)         Government Management

 

1)         Government Purchasing

 

2)         Personnel and Merit Systems

 

3)         Retirement Systems

 

c)         Human Resources

 

1)         Grants for Social Services

 

2)         Regulation of Health Facilities

 

d)        Natural Resources

 

1)         Air Pollution Control

 

2)         Energy

 

e)         Transportation

 

1)         Airplane and Airport Regulation

 

2)         Traffic Safety

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.800  Schedule: Fifth Year

 

In the fifth year of each five-year review cycle, the Committee will review all of the rules assigned to the following categories:

 

a)         Education and Cultural Resources - Educational Facilities and Safety

 

b)         Government Management

 

1)         Organizational and Rulemaking Rules

 

2)         State Revenue

 

c)         Human Resources

 

1)         Regulation of Health Professions

 

2)         Regulation of Medical Services

 

3)         State Juvenile Institutions

 

d)        Law Enforcement

 

e)         Natural Resources - Water Resources and Pollution Control

 

f)         Transportation

 

1)         Highway Planning, Construction and Maintenance

 

2)         Trucking Industry Regulation

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.900  Notice to Agencies

 

At the beginning of each year of the review, the Committee will notify each agency whose rules will be reviewed during that year.  Such notification will include the following information:

 

a)         The specific sets of rules assigned to the categories that will be reviewed.

 

b)         The time period during which the Committee will be reviewing such rules.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1000  Initial Questions

 

The Committee will request the agency to submit the following information on each set of rules being reviewed.  The agency will be allowed at least 60 days to submit this information.

 

a)         A citation to the specific statute that authorizes each set of rules and the specific statute that each set of rules is implementing or interpreting.

 

b)         A list of the programs and organizational units of the agency that are related to each set of rules.

 

c)         An estimate of the cost to the State for operation of the agency programs related to each set of rules and for enforcement or monitoring of compliance with the rules.  An estimate of the effect of each set of rules on State revenue.

 

d)         An estimate of the extent of compliance and non-compliance by the affected public with each set of rules, and the number and extent of variances permitted by the agency to each set of rules.

 

e)         Copies of all agency policy and procedural manuals, guidelines or any non-rule materials followed by the agency in executing its programs or activities.  Copies of any related forms used by the agency.

 

f)         An estimate of the economic effect on the persons and groups regulated by each set of rules.

 

g)         A discussion of the public need for the regulation provided by each set of rules.  This discussion should include evidence of any harm that would result to the public health, welfare or safety if the rules were repealed.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1100  Staff Review

 

The staff of the Committee will review each set of rules.  Such staff review will be based on the criteria in Section 250.1400.  The staff may raise questions or problems as a result of its review and will discuss these questions or problems with the agency.  The agency will be allowed at least 60 days to provide written responses to any questions raised.

 

Section 250.1200  Public Hearings

 

The Committee will hold one or more public hearings during the review of the rules in each subject to gather information and views from interested persons and groups, when it finds that such a hearing is necessary for a complete review of the rules.  The Co-Chairmen of the Committee may designate a subcommittee for the purpose of holding such public hearings.  The agenda of such hearings shall be published in the Illinois Register as provided in Section 5-90(a) of the Act.  Each agency whose rules are the subject of a public hearing will be notified of the hearing.  Testimony presented at such hearings will be considered by the Committee in its review of the rules utilizing the criteria in Section 250.1400.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1300  Grouping of Rules

 

The Committee may further group rules together by agency or category to facilitate the conduct of the review or to report the findings to the Committee.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1400  Criteria for Review

 

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?

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1500  Staff Report; Agency Response

 

The staff will report the results of its review to the Committee.  The staff report may include proposals for any of the types of action listed in Section 250.1700.  Staff proposals shall be only advisory to the Committee and shall not limit the Committee's power to take some other action.  Each agency whose rules are being reviewed shall be given an opportunity to submit its views and comments on the staff report in writing prior to the hearing by the Committee.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1600  Hearing on Staff Report

 

The Joint Committee shall hold a hearing on each staff report.  Such a hearing may be conducted as part of other hearings of the Committee.  The agenda of the hearing will be published in the Register as provided in Section 5-90(a) of the Act.  At the hearing the Committee will consider the rules and the staff report in relation to the criteria in Section 250.1400.  Written or oral testimony by the agencies and testimony received at public hearings held as provided in Section 250.1200 will also be considered.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1700  Actions Resulting from Review

 

In response to problems in the rules discovered as a result of its review, the Committee may take any of these types of actions:

 

a)         Object to specific rules that were reviewed.  Such objections to rules shall be made as discussed in Section 250.1800.

 

b)         Recommend rulemaking or other action by agencies. This action may include recommending changes in the rulemaking process followed by agencies or coordination of rulemaking among agencies.  Recommendations shall be issued as discussed in Section 250.2100.

 

c)         Recommend further study of the problems by a legislative committee, commission or other unit.

 

d)         Draft specific legislation to correct the problems. The proposal for legislation must be approved by a majority vote. It will then be introduced in either house of the General Assembly.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1800   Objections

 

If the Committee finds that a rule or a set of rules does not meet one or more of the criteria in Section 250.1400, it may object to the rule as provided in Section 5-120 of the Act.  In five working days after the day of the hearing, the Committee will certify the objection to the agency.   A statement of specific objections to the rule and the reason for the objection shall be included.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.1900  Agency Response to Objection

 

a)         The agency should respond to an objection issued by the Committee within 90 days after it receives the statement of specific objections. The agency response should address each of the specific objections stated by the Committee.  The agency response should be concise, but complete, and should clearly state the nature of and the rationale for the response.

 

b)         The agency should respond to an objection by the Committee in one of the following ways:

 

1)         Amend the rule to meet the specific objections stated by the Committee.  The agency should take action to begin any rulemaking that is part of the response.

 

2)         Repeal the rule.  The agency should state the specific objections of the Committee or other reasons that are the basis of the repeal. The agency should take action to begin any rulemaking that is part of the response.

 

3)         Refuse to amend or repeal the rule.  The agency should address its reasons for refusing to amend or repeal the rule.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.2000  Failure to Respond

 

a)         Failure of an agency to respond to an objection to a rule within 90 days after the receipt of the objection shall be deemed to be a refusal to amend or repeal the rule.

 

b)         Failure of an agency to complete rulemaking started in response to an objection within 180 days after the notice of the rulemaking shall be deemed to be a refusal to amend or repeal the rule.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.2100  Recommendations

 

If the Committee finds that a set of rules raises problems that require rulemaking or some other type of action by an agency, the Committee will recommend such action to the agency.  In five working days after the day of the hearing, the Committee will certify the fact of such recommendation to the agency.  A statement of the specific recommended actions, the reasons for the recommendation and the date by which the agency should respond shall be included.  The Committee will monitor whether agencies take the actions it recommends as a result of its review.  Agencies should inform the Committee of actions being taken in response to such recommendations.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)

 

Section 250.2200  Legislation

 

If an agency refuses to remedy an objection to a rule or set of rules, or fails to take recommended action, the Committee may draft legislation to address the problems.  The legislation will be approved by a majority vote. It will then be introduced in either house of the General Assembly.

 

(Source:  Amended at 18 Ill. Reg. 4728, effective March 14, 1994)