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5 ILCS 100/5-40
(5 ILCS 100/5-40)
(from Ch. 127, par. 1005-40)
(a) In all rulemaking to which Sections 5-45 and 5-50 do not apply, each
agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its intended action
to the general public. This first notice period shall commence on
the first day the notice appears in the Illinois Register. The first
notice shall include all the following:
(1) The text of the proposed rule, the old and new
materials of a proposed amendment, or the text of the provision to be repealed.
(2) The specific statutory citation upon which the
proposed rule, the proposed amendment to a rule, or the proposed repeal of a rule is based and by which it is authorized.
(3) A complete description of the subjects and issues
(3.5) A descriptive title or other description of any
published study or research report used in developing the rule, the identity of the person who performed such study, and a description of where the public may obtain a copy of any such study or research report. If the study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, the agency shall also make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under the Freedom of Information Act.
(4) For all proposed rules and proposed amendments to
rules, an initial regulatory flexibility analysis containing a description of the types of small businesses subject to the rule; a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule; and a description of the types of professional skills necessary for compliance.
(5) The time, place, and manner in which interested
persons may present their views and comments concerning the proposed rulemaking.
During the first notice period, the agency shall accept from any interested
persons data, views, arguments, or comments. These may, in the discretion of
the agency, be submitted either orally or in writing or both. The notice
published in the Illinois Register shall indicate the manner selected by the
agency for the submissions. The agency shall consider all submissions
The agency shall hold a public hearing on the proposed rulemaking during
the first notice period if (i) during the first notice period, the
agency finds that a public hearing
would facilitate the submission of views and comments that might not
otherwise be submitted or (ii) the agency receives a request for a public
hearing, within the first 14 days after publication of the notice of
proposed rulemaking in the Illinois Register, from 25 interested persons,
an association representing at least 100 interested persons, the Governor,
the Joint Committee on Administrative Rules, or a unit of local government
that may be affected. At the public hearing, the agency shall allow
interested persons to present views and comments on the proposed
rulemaking. A public hearing in response to a request for a hearing may
not be held less than 20 days after the publication of the notice of
proposed rulemaking in the Illinois Register unless notice of the public
hearing is included in the notice of proposed rulemaking. A public hearing
on proposed rulemaking may not be held less than 5 days before submission
of the notice required under subsection (c) of this Section to the Joint
Committee on Administrative Rules. Each agency may prescribe reasonable
rules for the conduct of public hearings on proposed rulemaking to prevent
undue repetition at the hearings. The hearings must be open to the public
and recorded by stenographic or mechanical means.
At least one agency representative shall be present during the hearing who
is qualified to respond to general questions from the public regarding the
agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the proposed rulemaking
to the Joint Committee on Administrative Rules. The period commencing on
the day written notice is received by the Joint Committee shall be known as
the second notice period and shall expire 45 days thereafter unless before
that time the agency and the Joint Committee have agreed to extend the
second notice period beyond 45 days for a period not to exceed an
additional 45 days or unless the agency has received a statement of
objection from the Joint Committee or notification from the Joint Committee
that no objection will be issued. The written notice to the Joint
Committee shall include (i) the text and location of any changes made to
the proposed rulemaking during the first notice period in a form prescribed
by the Joint Committee; (ii) for all
proposed rules and proposed amendments to rules, a final regulatory
flexibility analysis containing a summary of issues raised by small
businesses during the first notice period and a description of actions
taken on any alternatives to the proposed rule suggested by small
businesses during the first notice period, including reasons for rejecting
any alternatives not utilized; and (iii) if a written request has been made
by the Joint Committee within 30 days after initial notice appears in the
Illinois Register under subsection (b) of this Section, an analysis of the
economic and budgetary effects of the proposed rulemaking. After
commencement of the second notice period, no substantive change may be made
to a proposed rulemaking unless it is made in response to an objection or
suggestion of the Joint Committee. The agency shall also send a copy of
the final regulatory flexibility analysis to each small business that has
presented views or comments on the proposed rulemaking during the first
notice period and to any other interested person who requests a copy. The
agency may charge a reasonable fee for providing the copies to cover postage
and handling costs.
(d) After the expiration of the second notice period, after notification
from the Joint Committee that no objection will be issued, or after a
response by the agency to a statement of objections issued by the Joint
Committee, whichever is applicable, the agency shall file, under Section
5-65, a certified copy of each rule, modification, or repeal of any rule
adopted by it. The copy shall be published in the Illinois Register. Each
rule hereafter adopted under this Section is effective upon filing unless a
later effective date is required by statute or is specified in the
(e) No rule or modification or repeal of any rule may be adopted, or filed
with the Secretary of State, more than one year after the date the first
notice period for the rulemaking under subsection (b) commenced. Any
period during which the rulemaking is prohibited from being filed under
Section 5-115 shall not be considered in calculating this one-year time period.
(Source: P.A. 92-330, eff. 1-1-02.)