Section 230.550  Suspension Criteria

a)         If the Joint Committee finds that the emergency rule does not meet one or more of the criteria in Section 230.400, the Joint Committee will then consider the emergency rule in relation to the following criteria pursuant to Section 5-125 of the Act:

1)         Does the emergency rule represent a serious threat to the public interest?

A)        Does the emergency rule contain policies that have been previously considered and rejected by the General Assembly?

B)        Does the emergency rule unconstitutionally or unlawfully discriminate against any citizen of this State?

C)        Does the emergency rule unconstitutionally or unlawfully inhibit the free exercise of the rights of any citizen of the State?

2)         Does the emergency rule represent a serious threat to the public safety?

A)        Could the emergency rule result in a decrease in the protection provided against threats to the safety of any citizen of the State?

B)        Could the emergency rule result in an increase in the threat of physical harm to any citizen of the State?

3)         Does the emergency rule represent a serious threat to the public welfare?

A)        Does the emergency rule impose unreasonable or unnecessary economic costs on any citizen of the State?

B)        Does the emergency rule adversely affect the health or well-being of any citizen of the State?

C)        Does the emergency rule adversely affect the quality of life of any citizen of the State?

b)           If the Joint Committee determines that one or more of the criteria enumerated in this Section are met, the Joint Committee shall suspend the emergency rule or portion thereof pursuant to Section 230.600(c) of this Part.

(Source:  Amended at 18 Ill. Reg. 1233, effective January 13, 1994)