5 ILCS 80/6

Current through Public Act 103-1052

Section 5 ILCS 80/6 - Factors to be studied

In conducting the study required under Section 5, the Governor's Office of Management and Budget shall consider, but is not limited to consideration of, the following factors in determining whether an agency or program should be recommended for termination, modification, or continuation:

(1) the full range and variety of practices and activities included in the scope of practice covered by the agency or program, including modes of practice or subspecialties that have developed since the last review ;

(2) (blank);

(3) the extent to which the regulatory agency or program has operated in the public interest, and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, and practices of any other department of State government, and any other circumstances, including budgetary, resource, and personnel matters;

(4) the extent to which the agency running the program has recommended statutory changes to the General Assembly that would benefit the public as opposed to the persons it regulates;

(5) the extent to which the agency or program has required the persons it regulates to report to it concerning the impact of rules and decisions of the agency or the impact of the program on the public regarding improved service, economy of service, and availability of service;

(6) the extent to which persons regulated by the agency or under the program have been required to assess problems in their industry that affect the public;

(7) the extent to which the agency or program has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates and the extent to which such rules and decisions are consistent with statutory authority;

(8) the efficiency with which formal public complaints filed with the regulatory agency or under the program concerning persons subject to regulation have been processed to completion, by the executive director of the regulatory agencies or programs, by the Attorney General and by any other applicable department of State government;

(9) the extent to which changes are necessary in the enabling laws of the agency or program to adequately comply with the factors listed in this Section;

(10) the extent to which there is evidence of significant and discernible harm arising from the full range and variety of practices and activities included in the scope of practice;

(11) the substance, content, and relevance of the personal qualifications required for entry into the trade, business, profession, occupation, or industry being regulated, including, but not limited to, as required hours of training, required curricula during the required hours, knowledge areas tested in examinations, and any updates that have been made since the last review to address changes in technology or modes of practice;

(12) the extent to which all the personal qualifications that the agency or program requires for individuals to enter the trade, business, profession, occupation, or industry being regulated are necessary to protect the public from significant and discernible harm, for all activities covered by the scope of practice;

(13) equity concerns arising from the personal qualifications, including:

(A) financial impact on aspiring licensees, including, but not limited to, (i) itemization of average costs of achieving personal qualifications; (ii) an assessment of average incomes of licensees; and (iii) numbers, monetary loss, and demographics of individuals who start but do not achieve personal qualifications or complete the application process;

(B) challenges for individuals from historically disadvantaged backgrounds in acquiring personal qualifications;

(C) barriers for individuals with records of interactions with the criminal justice system;

(D) evidence of challenges for individuals who do not speak English as their primary language; and

(E) geographic distribution of training sites and test sites; and

(14) the extent to which enforcement actions under the agency or program have addressed significant and discernible harms to the public as opposed to technical noncompliance with the requirements of the agency or program.

5 ILCS 80/6

Amended by P.A. 102-0984,§ 5, eff. 1/1/2023.

Amended by P.A. 094-0793, § 5, eff. 5/19/2006.

P.A. 90-580, eff. 5-21-98.