PART 245 EXPEDITED CORRECTIONS : Sections Listing

TITLE 1: GENERAL PROVISIONS
CHAPTER II: JOINT COMMITTEE ON ADMINISTRATIVE RULES
PART 245 EXPEDITED CORRECTIONS


AUTHORITY: Implementing and authorized by Section 5-85 and Section 5-135 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-85 and 1005-135) [5 ILCS 100/5-85 and 5-135].

SOURCE: Adopted at 16 Ill. Reg. 8509, effective May 26, 1992; amended at 18 Ill. Reg. 4720, effective March 14, 1994; recodified at 18 Ill. Reg. 7496.

 

Section 245.100  Definitions

 

Act means the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100].

 

Administrative Code Division or Code Division means the unit of the Office of the Secretary of State Index Department that publishes the Illinois Administrative Code and the Illinois Register and with which rules are filed.

 

Agency means each type of entity enumerated in Section 1-20 of the Act that is authorized by law to make rules or to determine contested cases.

 

Committee means the Joint Committee on Administrative Rules, created by Section 5-90(a) of the Act.

 

Director means the Executive Director of the Joint Committee.

 

Expedited Correction means a correction of the text of a rule adopted by an agency and filed with the Secretary of State, effectuated pursuant to Section 5-85(b) of the Act and this Part.

 

Illinois Administrative Code means the complete text of all rules adopted by State agencies and filed with the Administrative Code Division.

 

Illinois Register means the weekly publication of the Administrative Code Division authorized by Section 5-70 of the Act.

 

Rule means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy and that affects the private rights of or procedures available to persons or entities outside the agency, but does not include statements concerning only the internal management of an agency and not affecting private rights of or procedures available to persons or entities outside the agency, informal advisory rulings issued under Section 5-150 of the Act, intra-agency memoranda or the prescription of standardized forms (Ill. Rev. Stat. 1991, ch. 127, par. 1001-70) [5 ILCS 100/1-70].

 

Rulemaking means the process by which agencies propose, adopt, amend or repeal rules pursuant to Section 5-35 of the Act.

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)

 

Section 245.110  Expedited Corrections − Submission to Committee

 

a)         An agency may request the Committee to issue a Certificate of Correction with respect to an adopted rule filed with the Secretary of State. The certificate shall authorize changes in rule text to address:

 

1)         nonsubstantive errors, such as typographical, clerical, grammatical, printing, copying, or other inadvertent errors, such as omission of existing or inclusion of previously repealed Illinois Administrative Code text;

 

2)         any omissions or errors that create unintentional discrepancies between adopted rule text and text previously published in the Illinois Register or second notice rule text; or

 

3)         any discrepancies between adopted rule text and agreements certified by the Committee during the second notice period. (Section 5-85(b) of the Act)

 

b)         Agency requests for a Certificate of Correction shall be in writing and shall be clearly identified as a Request for Correction.  Requests shall be submitted to the Executive Director at the following address:

 

Joint Committee on Administrative Rules

700 Stratton Building

Springfield, Illinois 62706

 

c)         Agency requests for a Certificate of Correction shall include the following information:

 

1)         the name of the agency;

 

2)         the title and Illinois Administrative Code citation of the affected rule;

 

3)         the date, page number and volume number of the Illinois Register in which the first notice of the rulemaking that gave rise to the agency request for Certificate of Correction was published and of the Illinois Register in which the rulemaking was adopted;

 

4)         the full text of the affected Sections, indicating both the incorrect text and the agency's proposal for correction, in accordance with 1 Ill. Adm. Code 100.420(c);

 

5)         an explanation of the reasons listed in subsection (a) that apply;

 

6)         an explanation of how the public interest will be served and no hardship created by correction of the error cited by the agency, information verifying that the public notice considerations of the Act are not unduly circumvented, the agency's rationale for requesting expedited rulemaking as opposed to adhering to the time constraints of the regular rulemaking process, and a description of the measures taken and to be taken by the agency to make the Request for Correction and Certificate of Correction known to persons affected by the rule;

 

7)         the name, address and telephone and telefax number of the agency representative who will respond to Committee questions regarding the Request for Correction and to whom the public may comment; and

 

8)         in the event an effective date of the Correction is sought by the agency that differs from the effective date of the rulemaking that is being corrected, the proposed effective date of Correction and the rationale for the different effective date.

 

d)         If a Request for Correction does not meet the requirements of subsection (c) above, no action shall be taken to certify the correction until the agency has, pursuant to a request from the Committee, provided the additional or clarified information.

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)

 

Section 245.120  Committee Review

 

a)         Upon receipt of a Request for Correction that meets the requirements of Section 245.110(c), the Committee shall:

 

1)         notify the agency and Administrative Code Division that the Request for Correction meets the requirements of Section 245.110(c), and provide a copy of the Request for Correction to the Administrative Code Division for publication in the Illinois Register;

 

2)         review the Request;

 

3)         question the agency if necessary; and

 

4)         recommend modifications to the specific corrective language proposed by the agency, if necessary.

 

b)         The Committee shall consider the Request for Correction at its next meeting, unless deferred in accordance with subsection (c) below.

 

c)         The Committee may defer consideration of a Request for Correction on such grounds as:

 

1)         inadequate time for the Committee to assess and evaluate the public interest to be served and whether no hardship is created by remediation of the error or omission through the expedited correction process rather than through regular rulemaking;

 

2)         inadequate time for an evaluation of whether the public notice considerations of the Act are not being unduly circumvented (Section 5-85(b) of the Act);

 

3)         the complexity of the Request for Correction; and

 

4)         available time for consideration by the Committee of other items on its meeting agenda.

 

Section 245.130  Committee Certification

 

a)         Certification of Correction

 

1)         If the Committee finds that a Request for Correction meets the criteria of Section 5-85(b) of the Act and Sections 245.110 and 245.140 of this Part, then the Committee shall issue a Certificate of Correction in the manner shown in Exhibit A of this Part. Such certification shall be mailed to the agency within 5 working days following the Committee meeting.  If the Committee determines the Request for Correction does not meet the criteria of Section 5-85(b) of the Act and this Part, then the Committee shall issue a Certificate of Failure to Meet the Requirements of Section 5-85(b) of the Illinois Administrative Procedure Act in the manner shown in Exhibit B of this Part.  Such certificate shall be mailed to the Administrative Code Division within 5 working days following the Committee meeting.

 

2)         The agency shall file one original and 4 copies of the corrective language, showing the entire text of the affected Sections, for the Illinois Register and one original and 2 copies for inclusion in the Administrative Code. The filing must be accompanied by the Certificate of Correction.

 

3)         Failure of the Committee to issue a Certificate of Correction does not prevent an agency from pursuing the proposed corrections through further rulemaking under the Act.

 

b)         The effective date determined pursuant to Section 5-85(b) of the Act shall be indicated on the Certificate of Correction.

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)

 

Section 245.140  Public Notice

 

Agencies are required by Section 5-85(b) of the Act to take reasonable and appropriate measures to make rule corrections known to parties affected by the corrections. Such measures may include, but are not limited to:

 

a)         issuance of press releases;

 

b)         issuance of bulletins to affected trade organizations, vendors, constituency groups, etc.;

 

c)         announcement at public hearings conducted by the agency;

 

d)         announcement in agency publications, newsletters, etc.; and

 

e)         individual contact with affected parties.

 

The Committee shall also include notice of an expedited correction in any summary of rulemaking activity that it may prepare for the public at large.

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)




Section 245.EXHIBIT A   Certificate of Correction

 

JOINT COMMITTEE ON ADMINISTRATIVE RULES

 

CERTIFICATE OF CORRECTION

TO ADOPTED RULEMAKING

 

This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered the (agency's) request for correction of errors in (Heading of the Part; Code Citation) created by the adoption of rules at (Illinois Register citation).  After consideration, the Joint Committee certifies that the corrective language, effective (agreed effective date), attached to this document meets the requirements and serves the purposes of Section 5-85(b) of the Illinois Administrative Procedure Act.

 

 

 

 

Certified (Date)

 

 

(Typewritten name)

 

Executive Director

 

 

Subscribed and sworn to before me this (Date) day of (Month), (Year).

 

 

 

 

 

 

 

Notary Public

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)


Section 245.EXHIBIT B   Certificate of Failure to Meet the Requirements of Section  5-85(b) of the Illinois Administrative Procedure Act

 

JOINT COMMITTEE ON ADMINISTRATIVE RULES

 

CERTIFICATE OF FAILURE TO MEET THE REQUIREMENTS OF SECTION

5-85(b) OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT

 

This is to certify that the Joint Committee on Administrative Rules, at its (meeting date) meeting, considered the (agency's) request for correction of errors in (Heading of the Part; Code Citation) created by the adoption of rules at (Illinois Register citation).  After consideration, the Joint Committee certifies that the proposed corrective language fails to meet the requirements of Section 5-85(b) of the Illinois Administrative Procedure Act.

 

 

 

Certified (Date)

 

 

(Typewritten name)

 

Executive Director

 

 

Subscribed and sworn to before me this (Date) day of (Month), (Year).

 

 

 

 

 

 

 

Notary Public

 

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)