(30 ILCS 5/3-7) (from Ch. 15, par. 303-7)
Sec. 3-7.
Regulations - Procedure.
(a) The Auditor General may adopt and repeal regulations or amend
existing regulations as authorized by this Act with the prior approval
of a majority of the members of the Commission in a record vote.
Regulations of the Auditor General shall have the effect of law.
(b) To adopt, amend or repeal a regulation, the Auditor General
shall issue a notice which sets forth a text of the proposed regulation
or the old and new material of the proposed amendment, or the text of
the provisions to be repealed. A copy of this notice shall be sent to
each member of the Commission,
each agency which has requested that it be sent such notices and any
other persons the Auditor General deems advisable.
(c) In any action taken by the Auditor General to adopt, amend or
revoke a regulation or any part thereof, the Auditor General shall
provide a minimum comment period of at least 60 days before he submits
his proposal to the Commission for their approval.
During this comment period, all interested persons may submit written
comments, arguments or other submissions bearing on the Auditor
General's proposed action. The Auditor General shall maintain a system
to receive and evaluate such submissions. All submissions, evaluations
and proposals shall be maintained as public records. The length of the
comment period shall be indicated in the notice required by sub-section
(b) of this Section and during this period, the Auditor General shall
provide reasonable opportunity for consultation with any agency which
requests a consultation at least 15 days before the close of the comment
period.
(d) After the close of the comment period, the Auditor General shall
evaluate all submissions and make any modifications to his proposal
which he deems proper and then submit the proposed regulation, amendment
or repeal, including any modifications, to the Commission with a summary
of his evaluation and any explanation of changes from his original
proposal at any regularly scheduled meeting of the Commission.
(e) Within 90 days after the Auditor General's submission to the
Commission, the Commission shall act on the submission. The Auditor
General shall be available to personally testify on his submission at
any meeting in which the submission is considered. At any meeting where
the submission is considered, the Auditor General, with the approval of
the Commission, may make any modifications to his submission which he
and the Commission deem advisable.
(f) After the Commission has approved the proposed regulation,
amendment or repealer, the Auditor General shall adopt the regulation,
amendment or repealer by filing a signed copy with the Secretary of
State. The regulation, amendment or repealer shall become effective on
the 10th day after being filed with the Secretary of State, unless a later
effective date is specified by the Auditor General.
(g) The Auditor General may file as part of his regulations, upon
his own approval only, the following:
(1) A description of his rule-making procedures
for regulations.
(2) Tables of Contents, Indexes, Reference
Tables and other matters to aid users in finding and using his regulations.
(3) Annotations, comments, historical
perspectives and other materials to assist
users in interpreting and understanding
his regulations, or in identifying
administrative and legal actions effecting his
regulations.
At any meeting of the Commission, the Auditor General may propose
corrections to regulations of a non-substantive technical nature which
shall become effective upon approval by a majority record vote of the
Commission and filing with the Secretary of State.
(Source: P.A. 82-368.)
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