Ill. Admin. Code tit. 1, § 100.410 - Notice of Proposed Rules
a) Each
proposed rule (amendment, repealer) submitted for publication in the Illinois
Register (see Section
100.220
) must be part of a Notice of Proposed Rules (Amendments, Repealers) at the
beginning of which the information listed in subsections (a)(1) through (12)
below shall appear (see also Appendix A, Illustration A). The next page shall
be the full text of the rules, amendments, or repealer and, if the proposal is
an amendment to or repeal of an existing Part, the text shall appear as it is
on file in the Index Department with all changes indicated by strike-outs
and/or underscoring (however, if an entire Part is being repealed, the text is
printed without strike-outs and if a new Part is being proposed the text
appears without underscoring):
1) The heading
of the Part;
2) The Code citation
(include only the Chapter number, the Code abbreviation, the General Act Number
followed by a colon and the Part number);
3)
Section Numbers | Proposed Action |
(list in numerical order) (include supplementary material) |
(new Section, amendment, repeal, renumber, etc.) |
4) The
specific statutory citation upon which the Part is based and
authorized;
5) A complete
description of the subjects and issues involved;
6) Any published studies or reports, along
with the sources of underlying data, that were used when composing this
rulemaking, in accordance with 1 Ill. Adm. Code
100.355;
7) Whether the proposed rule will replace an
emergency rule currently in effect;
8) Whether the proposed rule contains an
automatic repeal date;
9) Whether
the proposed rule (amendment, repealer) contains incorporations by
reference;
10) Whether there are
any other amendments to this Part, other than those appearing in the same
Register issue, pending. If so, specify the Section numbers, the proposed
action, and a Register citation to the Notice of proposal;
12) The time, place and manner
in which interested persons may present their views concerning the proposed
action, and the name, address and phone number of the individual within the
agency who may be contacted; and
13) Initial Regulatory Flexibility Analysis
(see "Regulatory Flexibility Analysis", Section 100.110):
A) Types of small businesses (see Section
1-75 of the Act), small municipalities (see Section 1-80 of the Act) and not
for profit corporations (see Section 1-85 of the Act) affected
B) Reporting, bookkeeping or other procedures
required for compliance
C) Types of
professional skills necessary for compliance.
14) Whether the rulemaking was summarized in
a previous Regulatory Agenda. The Regulatory Agenda in which the rulemaking was
summarized shall be indicated by the month (January or July) and year it was
published. The agency must provide an explanation in this area if the
rulemaking was not included on either of the two most recent agendas.
b) Under the Section Numbers and
Proposed Action columns at the beginning of the Notice of Proposed Rules as
described above in subsection (a)(3) of this Section shall be listed the
specific Section Numbers in numerical order and the specific action being
taken. If several actions are occurring, each Section affected must be listed
on a separate line with the appropriate action listed on the same line under
the correct column. This enables the Code Division staff to accurately compile
the Sections Affected Index for each week's Register on a quarterly basis.
Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is
occurring must also be listed under these columns.
c) Only one Part shall be listed per Notice.
All new Sections, amendments to existing Sections, and/or repealers of Sections
shall be contained on this Notice. Only one Notice per Part for proposed rules
will be accepted by the Index Department for publication in a single issue of
the Register, unless the agency is repealing a Part in its entirety and
proposing a new Part to replace the repealed Part (same subject matter). In
this instance only, the Index Department will accept two Notices of proposed
rulemaking for one Part number, one for the proposed repealer and one for the
proposed new Part, for publication in the same issue of the Register.
d) If an agency is proposing, amending, or
repealing more than one Section, and the agency wishes to have any of the
Sections considered as separate rulemakings, the agency shall specify the
statutory authority for each separate rulemaking. The agency shall follow the
procedure in Section
100.410(a)(1) through
(a)(14) and, if necessary, specify different
people to be contacted for each separate rulemaking. This procedure permits an
agency to take those portions of the rulemaking into second notice separately
or adopt those portions of the Part at different times.
e) If an agency intends to hold a public
hearing on the proposed rules, the information on the hearing may be included
in the Time, Place, and Manner item on the Notice (subsection (a)(12)) or the
agency may submit a Notice of Public Hearing on Proposed Rules as shown in
Appendix A, Illustration E. Notice for public hearings on proposed rules will
be accepted for Register publication unless a notice for another type of public
hearing is required by State statute to be published in the Register.
Notes
Amended at 29 Ill. Reg. 13224, effective August 12, 2005
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