Ill. Admin. Code tit. 1, § 100.335 - Automatic Repeal of Rules
a) An
agency may provide for the automatic repeal of a rule by specifying in the text
the date (including month, day and year) of the automatic repeal.
1) Such Automatic repeal shall not be used to
repeal or amend existing Sections on file in the Index Department, but shall be
used only for new Sections or in a new Part.
2) Each Section of a Part which is to be
automatically repealed must specify the repeal date in the text.
b) Pursuant to Section 5-55 of the
IAPA, not less than 30 nor more than 60 days prior to the effective date of the
repeal, the agency shall publish notice of the repeal in the Illinois Register.
Such notice shall meet the requirements for Illinois Register publication
specified in Section
100.220
and 100.Appendix B, Illustration E: and
1) for
rules adopted through the general rulemaking process, as specified in Section
5-40 of the Act, 100.Appendix B, Illustration E; or
2) for rules adopted through the peremptory
rulemaking process as specified in Section 5-50 of the Act, 100.Appendix D,
Illustration D.
c) The
notice specified in subsection (b) above shall contain the full text of the
affected Sections, the complete table of contents for the Part indicating which
Sections are being automatically repealed by adding the word "(Repealed)"
immediately after the affected Section headings, the authority note, and the
main source note for the Part including a citation to the Notice of Automatic
Repeal. Each affected Section must also contain the appropriate Section source
note for the citation to the Notice of Automatic Repeal.
d) At the same time the agency submits the
notice and text required by subsection (b) above, it shall also submit one (1)
original and two (2) copies of the complete table of contents for the Part
including the authority and main source notes and the necessary replacement
pages for the Sections being automatically repealed. The replacement pages
shall include the Code headings at the top of each page, the Section number and
heading followed by the word "(Repealed)" and a Section source note to the
citation for the automatic repeal.
e) Should the agency fail to submit the
notice of the repeal in the time frame specified in subsection (b) and the Act,
the automatic repeal date as specified in the rule(s) is void and the agency
will have to go through the general rulemaking process in order to repeal the
rulemaking. The 30 to 60 day period in which the notice is to be published in
the Illinois Register requires the rule to appear in a published Register
during that time period.
Notes
Amended at 18 Ill. Reg. 13067, effective August 11, 1994
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