Section 220.500  Second Notice Procedures

a)         Filing of Second Notice

1)         The second notice shall be clearly identified as such, and shall be submitted to the Director at the following address:

Joint Committee on Administrative Rules

700 Stratton Building

Springfield, Illinois  62706

2)         An agency shall file second notice by email at jcar@ilga.gov.  Material submitted electronically shall be in PDF.  Each email submission shall include the second notice for only one rulemaking. The electronic second notice submission will be printed in the JCAR office and reviewed for completeness under Section 220.600.

3)         If an agency is unable to submit a second notice as required by subsection (a), because of such reasons as the bulk of the material to be transmitted or other technical problems, the agency should call JCAR at 217/785-2254 to determine another method of submission.

b)         The second notice period will commence on the day the second notice is received as complete by the Joint Committee. The second notice will be accepted by the Joint Committee when the requirements of Section 220.600 have been met. After acceptance by the Joint Committee of a second notice, the Committee will notify the Administrative Code Division and the issuing agency of the date on which the second notice period commenced.  The second notice period will expire 45 days after acceptance by the Joint Committee of the second notice, unless extended pursuant to mutual agreement of the Joint Committee and the agency. [5 ILCS 100/5-40(c)]

c)         The Joint Committee will notify the Administrative Code Division and the agency, in writing, of the date on which the second notice period started.  Notices that do not contain all of the information required by Section 220.600 of this Part and Section 5-40(c) of the Act will not be accepted by the Joint Committee. An agency that submits such a notice will be informed in writing of the specific reasons the notice was not accepted.

d)         After an agency has initiated second notice and that second notice is received as complete by the Joint Committee, the rulemaking cannot be returned to first notice.

e)         The agency shall have the option of splitting the first notice into more than one second notice when the first notice contains changes that are being made to several Sections.  When submitting the first notice to the Administrative Code Division for publication in the Illinois Register, the agency shall separately provide, for each Section being amended, the following information:

1)         specific Code citation;

2)         specific statutory authority; and

3)         a complete description of the subjects and issues involved.

f)         After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Joint Committee. [5 ILCS 100/5-40(c)]  A suggestion or comment made by a member of the Joint Committee does not authorize a substantive change unless that suggestion or comment is ratified by the Joint Committee through passage of a motion.

(Source:  Amended at 44 Ill. Reg. 17688, effective October 20, 2020)