TITLE 1: GENERAL PROVISIONS
CHAPTER I: SECRETARY OF STATE
PART 100 RULEMAKING IN ILLINOIS
SECTION 100.130 ILLINOIS ADMINISTRATIVE CODE ORGANIZATION


 

Section 100.130  Illinois Administrative Code Organization

 

a)         The Illinois Administrative Code is arranged by five major divisions:  Chapter, General Act, Part, Subpart, and Section. (See Section 100.110 for definitions of these divisions.)  There are 67 Chapters within the Code, each covering a broad subject area. These Chapters are listed in Section 100.140.

 

b)         Transition to ILAC Codification Scheme

 

1)         For purposes of accomplishing the codification change from the Ill. Adm. Code format to the ILAC format established in subsection (a) of this Section, the Index Department will consult with the affected agency, JCAR and LIS in determining the new codification scheme for that agency's rules and preparing file copies of the rules utilizing the new codification system.  The new ILAC designation will be published in the Illinois Register as a codification change under Section 100.150.  When the Notice of Codification Change has been published, the ILAC labeling system will become effective for the rules listed in that Notice.  Until the Notices of Codification Change are published, all rules shall continue to be cited using the Ill. Adm. Code format.

 

2)         Changes in rule language during the ILAC codification change will be nonsubstantive only, but may include updating Illinois statutory citations and Illinois Administrative Code cross-references.

 

3)         Statutory Authority Notes may be updated, reorganized or revised to indicate most accurately the precise statutory authority for the Part.

 

4)         When a Part is repealed, the Index Department will enter that Part into a Table of Repealed Parts that will be published along with other supplementary materials to the Code (indexes, etc.).  For two years after the date of a Part's repeal, the headings and Main Source Note will be maintained at that Part's location within the body of the Code.  After two years, the headings and Main Source Note will be removed from the body of the Code.

 

5)         As part of the ILAC codification change, the Table of Repealed Parts will be created and the headings and Main Source Notes of all Parts that have been repealed for more than 2 years will be removed from the body of the Code.

 

6)         If, during the transition to ILAC, the Index Department, in consultation with the affected agency and JCAR, determines that a single existing Part is based equally on more than one statute, ILAC numbers may be assigned reflecting each of the authorizing Acts.  The text of the rule shall not be repeated at multiple locations; rather, all but one ILAC location shall contain an agency note cross-referencing the location of the actual rule text.

 

7)         The Index Department will establish a standard policy for assigning ILAC designations to any Part that is authorized by federal statute with no corresponding Illinois statutory authority.

 

8)         Updating of incorporations by reference is not a nonsubstantive change and shall not be accomplished within the ILAC codification change.

 

(Source:  Amended at 22 Ill. Reg. 11532, effective July 1, 1998)