(Text of Section before amendment by P.A. 104-354)

1. (a) The Department shall exercise the rights, powers, duties, and functions provided by law, including, but not limited to, the rights, powers, duties, and functions transferred to the Department.

2. (b) The Department may employ personnel (in accordance with the Personnel Code and any applicable collective bargaining agreements), provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.

   The Department may establish such subdivisions of the Department as shall be desirable and assign to the various subdivisions the responsibilities and duties placed upon the Department by the Laws of the State of Illinois.

   The Department shall adopt, as necessary, rules for the execution of its powers. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

3. (c) Procurements necessary for the Department of Early Childhood to implement this Act are subject to the Illinois Procurement Code, except as otherwise provided in paragraph (25) of subsection (b) of Section 1-10 of that Code. The Department of Early Childhood is subject to the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(Source: P.A. 103-594, eff. 6-25-24.)