(5 ILCS 100/5-75)
(from Ch. 127, par. 1005-75)
Incorporation by reference.
(a) An agency may incorporate by reference, in its rules adopted under
Section 5-35, rules, regulations, standards, and guidelines of an agency of
the United States or a nationally or state recognized organization or
association without publishing the incorporated material in full. The
reference in the agency rules must fully identify the incorporated matter
by publisher address and date in order to specify how a copy of the
material may be obtained and must state that the rule, regulation,
standard, or guideline does not include any later amendments or editions.
An agency may incorporate by reference these matters in its rules only if
the agency, organization, or association originally issuing the matter
makes copies readily available to the public. This Section does not apply
to any agency internal manual.
For any law imposing taxes on or measured by income, the Department of
Revenue may promulgate rules that include incorporations by reference of
federal rules or regulations without identifying the incorporated matter by
date and without including a statement that the incorporation does not
include later amendments.
(b) Use of the incorporation by reference procedure under this Section
shall be reviewed by the Joint Committee on Administrative Rules during the
rulemaking process as set forth in this Act.
(c) The agency adopting a rule, regulation, standard, or guideline
under this Section shall maintain a copy of the referenced rule,
regulation, standard, or guideline in at least one of its principal offices
and shall make it available to the public upon request for inspection and
copying at no more than cost. Requests for copies of materials incorporated
by reference shall not be deemed Freedom of Information Act requests unless so
labeled by the requestor. The agency shall designate by rule the
agency location at which incorporated materials are maintained and made
available to the public for inspection and copying. These rules may be
adopted under the procedures in Section 5-15. In addition, the agency may
include the designation of the agency location of incorporated materials in
a rulemaking under Section 5-35, but emergency and peremptory rulemaking
procedures may not be used solely for this purpose.
(Source: P.A. 90-155, eff. 7-23-97.)