Ill. Admin. Code tit. 1 § 260.900

Current through Register Vol. 48, No. 45, November 8, 2024

Section 260.900 - Objection; Recommendation

a) Objection or Recommendation to Existing Rule

1) Objection

A) If the Joint Committee finds that the rule does not meet one or more of the criteria in Section 260.700(a) of this Part, the Joint Committee may object to the rule pursuant to Section 5-120 of the Act.

B) If the Joint Committee objects to the rule, it shall certify that fact to the agency. Such certification will be sent to the agency in the form shown in Exhibit A of this Part within 5 working days after the objection is issued. The certification shall include a statement of the specific objection of the Joint Committee to the rules.

C) Each statement of specific objections shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

2) Recommendation

A) If the Joint Committee determines that the rule is incomplete or inconsistent or does not meet one or more of the criteria in Section 260.700(a) of this Part, the Joint Committee shall recommend further action. Recommended actions include the promulgation of additional rules, the clarification of statutory authority through legislation to be introduced by the agency or the Joint Committee, and a recommendation to curtail an unauthorized practice.

B) If the Joint Committee issues a recommendation concerning the rule, it shall so notify the agency within 5 working days after the recommendation is issued. The notification shall include a statement of the specific recommendation of the Joint Committee to the rule.

C) Each statement of specific recommendation shall also be submitted to the Administrative Code Division for publication in the next available issue of the Illinois Register.

b) Objection or Recommendation to Agency Rule or Policy Not Promulgated Pursuant to the Illinois Administrative Procedure Act

The Joint Committee shall issue an objection or recommendation to an agency rule or policy not promulgated pursuant to the Illinois Administrative Procedure Act if the rule or policy does not meet one or more of the criteria in Section 260.700(b) of this Part. Such objections or recommendations will be issued on the same bases as objections or recommendations issued to rules pursuant to subsection (a) of this Section. The same procedures will be applied to such actions.

Ill. Admin. Code tit. 1, § 260.900

Amended at 18 Ill. Reg. 4705, effective March 14, 1994