Ill. Admin. Code tit. 1, § 100.440 - Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule
a) When an
agency elects to modify or withdraw, or refuses to modify or withdraw a
proposed rule in response to the objections of JCAR, the agency shall submit a
Notice of Modification, Withdrawal, or Refusal to Modify or Withdraw a Rule to
be published in the Register (See 100.Appendix A, Illustration C). An agency
may withdraw a proposed rulemaking (cease rulemaking activity on that proposal)
without having a JCAR objection by publishing a Notice of Withdrawal of
Proposed Rules in the Register. (See 100.Appendix A, Illustration B) Notice of
Withdrawal of Proposed Rules (Amendments, Repealer), whether in response to a
JCAR objection or not, shall be for the entire rulemaking proposed unless,
pursuant to Section
100.410(d),
the agency has divided the proposal into several rulemakings. If JCAR issues an
objection on a proposed rule, amendment or repealer, the agency must respond to
the objection directly to JCAR within 90 days of the receipt of the statement
of objection. Failure to do so shall constitute withdrawal of the proposed
rule, amendment or repealer and JCAR shall submit a notice to that effect in
the next available issue of the Illinois Register. The agency response to
JCAR's objection shall be published in the Register, preferably within the
90-day period as specified above.
b) If an agency response to a JCAR objection
takes more than one type of action (that is, modifies and/or withdraws and/or
refuses to modify or withdraw), the heading on the Notice shall state the
actions taken:
1) If the agency is withdrawing
one or more Sections or portions thereof and modifying one or more Sections or
portions thereof, the action heading shall state "Notice of Withdrawal and
Modification to Meet the Objections of the Joint Committee on Administrative
Rules". It shall be noted, however, that withdrawal of one or more Sections in
one particular rulemaking constitutes withdrawal of all Sections in that
rulemaking. This Notice of Withdrawal and Modification may only be used when
one entire rulemaking on a Part is being withdrawn and another entire
rulemaking is being modified.
2) If
the agency is withdrawing one or more Sections or portions thereof and refusing
to modify or withdraw one or more Sections or portions thereof, the action
heading shall state "Notice of Withdrawal and Refusal to Modify or Withdraw to
Meet the Objections of the Joint Committee on Administrative Rules". (See also
the information concerning withdrawal of rules in subsection (1)
above.)
3) If the agency is
modifying one or more Sections or portions thereof and refusing to modify or
withdraw one or more Sections or portions thereof, the action heading shall
state "Notice of Modification and Refusal to Modify or Withdraw to Meet the
Objections of the Joint Committee on Administrative Rules".
4) If the agency is taking all three actions,
the action heading shall state "Notice of Withdrawal, Modification, and Refusal
to Modify or Withdraw to Meet the Objections of the Joint Committee on
Administrative Rules". (Also refer to the information concerning withdrawal in
subsection (1) above.)
c) On the Notice of Withdrawal (Modification,
Refusal to Modify or Withdraw) to Meet the Objections of the Joint Committee on
Administrative Rules, the agency shall, under "Action," state the specific
action being taken in response to the objection, i.e. withdrawal, modification
or refusal to modify or withdraw. (See 100.Appendix A, Illustration
C.)
d) An agency may withdraw a
proposed rule without a JCAR objection by publishing a Notice of Withdrawal of
Proposed Rules, Amendments or Repealer. (See 100.Appendix A, Illustration
B.)
e) Publication of a Notice of
Withdrawal of Proposed Rules, Amendments, or Repealer constitutes withdrawal of
the entire rulemaking. However, if the agency has split the action on a Part
into several rulemakings pursuant to Section
100.410(d),
the agency may elect to withdraw only one of the rulemakings, but that
rulemaking shall be withdrawn in its entirety. This Notice is to be used only
when withdrawing rulemakings prior to and instead of submitting the rulemaking
to JCAR for second notice.
f) An
agency which decides to withdraw one or more Sections from a proposed
rulemaking due to comments received during the first notice period shall not
publish a Notice of Withdrawal of Proposed Rules, Amendments or Repealer) in
the Illinois Register unless the Sections being withdrawn constitute the entire
rulemaking. Rather, when submitting the proposed rulemaking to JCAR for second
notice, the agency shall specify this withdrawal as a change made to the
proposed rulemaking during the first notice period.
g) If an agency wishes to withdraw one or
more Sections of a proposed rulemaking due to agreements made between the
agency and JCAR during the second notice period, the agency shall not publish a
separate Notice of Withdrawal of Proposed Rules, Amendments or Repealer unless
the withdrawal involves the entire rulemaking. Rather, the Sections being
withdrawn shall be listed on the Notice of Adopted Rules, Amendments or
Repealer as changes between proposal and adoption.
Notes
Amended at 17 Ill. Reg. 10414, effective July 1, 1993
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