Ill. Admin. Code tit. 1, § 240.900
Agency Response to Objection
Effective Mar 14, 199418 Ill. Reg. 4745AUTHORITY: Implementing Sections 1-5, 5-50, 5-100, and 5-120 and authorized by Section 5-135 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-5, 1005-50, 1005-100, 1005-120 and 1005-135) [5 ILCS 100/1-5, 5-50, 5-100, 5-120 and 5-135].JOINT COMMITTEE ON ADMINISTRATIVE RULES
- a) The agency shall respond to an objection issued by the Joint Committee within 90 days after receipt of the statement of specific objections pursuant to Section 5-120 of the Act. The response should be made, in the manner shown in Exhibit D of Part 230 of the Joint Committee's rules (1 Ill. Adm. Code 230.Exhibit D) and shall be signed by the agency head.
- b) The agency must respond to each objection of the Joint Committee by one of the methods enumerated as follows:
- 1) Amend the peremptory rule to meet the Joint Committee's objection.
2) Repeal the peremptory rule.
- 3) Refuse to amend or repeal the peremptory rule. A notice of refusal must also be submitted to the Administrative Code Division for publication in the Illinois Register if the agency responds in this manner.
- c) If the agency elects to amend or repeal the peremptory rule in response to an objection, it shall initiate rulemaking pursuant to Section 5-40, 5-45 or 5-50 of the Act. The agency shall complete the rulemaking process within 180 days after the rulemaking is proposed in the Illinois Register.
- d) An amendment to meet the Joint Committee's objection must be limited to the issues raised in the Certification and Statement of Objection. A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless the suggestion or comment is ratified by the Joint Committee through the issuance of a Certification and Statement of Objection to the peremptory rule or rulemaking.
- e) The failure of an agency to respond to an objection of the Joint Committee within 90 days after receipt of the objection shall be deemed to be a refusal to amend or repeal the rule pursuant to Section 5-120(g) of the Act.
(Source: Amended at 18 Ill. Reg. 4745, effective March 14, 1994)