Illinois Compiled Statutes
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5 ILCS 100/1-5
(5 ILCS 100/1-5)
(from Ch. 127, par. 1001-5)
(a) This Act applies to every agency as defined in this Act.
Beginning January 1, 1978, in case of conflict between the provisions of
this Act and the Act creating or conferring power on an agency, this Act
shall control. If, however, an agency (or its predecessor in the case of
an agency that has been consolidated or reorganized) has existing procedures
on July 1, 1977, specifically for contested cases or licensing, those existing
provisions control, except that this exception respecting contested
cases and licensing does not apply if the Act creating or conferring
power on the agency adopts by express reference the provisions of this
Act. Where the Act creating or conferring power on an agency
establishes administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i) preliminary
hearings, investigations, or practices where no final determinations
affecting State funding are made by the State Board of Education, (ii) legal
opinions issued under Section 2-3.7 of the School Code, (iii) as to State
colleges and universities, their disciplinary and grievance proceedings,
academic irregularity and capricious grading proceedings, and admission
standards and procedures, and (iv) the class specifications for positions
and individual position descriptions prepared and maintained under the
Personnel Code. Those class specifications shall, however, be made
reasonably available to the public for inspection and copying. The
provisions of this Act do not apply to hearings under Section 20 of the
Uniform Disposition of Unclaimed Property Act.
(c) Section 5-35 of this Act relating to procedures for rulemaking
does not apply to the following:
(1) Rules adopted by the Pollution Control Board
that, in accordance with Section 7.2 of the Environmental Protection Act, are identical in substance to federal regulations or amendments to those regulations implementing the following: Sections 3001, 3002, 3003, 3004, 3005, and 9003 of the Solid Waste Disposal Act; Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; Sections 307(b), 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal Water Pollution Control Act; Sections 1412(b), 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking Water Act; and Section 109 of the Clean Air Act.
(2) Rules adopted by the Pollution Control Board that
establish or amend standards for the emission of hydrocarbons and carbon monoxide from gasoline powered motor vehicles subject to inspection under the Vehicle Emissions Inspection Law of 2005 or its predecessor laws.
(3) Procedural rules adopted by the Pollution Control
Board governing requests for exceptions under Section 14.2 of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant to
an adjudicatory determination, of an adjusted standard for persons who can justify an adjustment consistent with subsection (a) of Section 27 of the Environmental Protection Act.
(4.5) The Pollution Control Board's adoption of
time-limited water quality standards under Section 38.5 of the Environmental Protection Act.
(5) Rules adopted by the Pollution Control Board that
are identical in substance to the regulations adopted by the Office of the State Fire Marshal under clause (ii) of paragraph (b) of subsection (3) of Section 2 of the Gasoline Storage Act.
(d) Pay rates established under Section 8a of the Personnel Code
shall be amended or repealed pursuant to the process set forth in Section
5-50 within 30 days after it becomes necessary to do so due to a conflict
between the rates and the terms of a collective bargaining agreement
covering the compensation of an employee subject to that Code.
(e) Section 10-45 of this Act shall not apply to any hearing, proceeding,
or investigation conducted under Section 13-515 of the Public Utilities Act.
(f) Article 10 of this Act does not apply to any hearing, proceeding, or
investigation conducted by the State Council for the State of Illinois created
under Section 3-3-11.05 of the Unified Code of Corrections or by the Interstate
Commission for Adult Offender Supervision created under the
Interstate Compact for Adult Offender Supervision or by the Interstate Commission for Juveniles created under the Interstate Compact for Juveniles.
(g) This Act is subject to the provisions of Article XXI of
the Public Utilities Act. To the extent that any provision of
this Act conflicts with the provisions of that Article XXI, the
provisions of that Article XXI control.
(Source: P.A. 98-463, eff. 8-16-13; 99-937, eff. 2-24-17.)