Section 5375.100  Rulemaking Procedures

a)         ISAC shall follow the rulemaking procedures established by the Illinois Administrative Procedure Act [5 ILCS 100].

b)         Rules, repeals or amendments to rules are developed by ISAC and submitted for public comment through publication in the Illinois Register, hereinafter "the first notice period." Any such rules, repeals or amendments, along with any public comments are thereafter presented to the Commission for consideration.

c)         The Commission may accept, modify or reject a proposed rule prior to adoption, amendment or repeal of the rule.

d)         The Commission shall thereafter direct the Executive Director or their designee to submit a proposed rule or modification for review by the Joint Committee on Administrative Rules (JCAR), hereinafter "the second notice period," or withdraw the proposed rule in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

e)         At the end of the second notice period, if no objections are received from JCAR, ISAC shall thereafter adopt the rule or any modification by causing the Executive Director to file a certified copy of the rule with the Secretary of State. If ISAC receives an objection from JCAR during the second notice period, the Executive Director will present the objection to the Commission at its next meeting for consideration.

f)         The Executive Director may promulgate Emergency and Peremptory Rules in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

g)         Rules and amendments relating to exempt matters, as defined in the Illinois Administrative Procedure Act [5 ILCS 100/5-35(c), may be adopted, amended or repealed by action of the Commission and shall be effective immediately upon adoption. A certified copy of rules and amendments relating to exempt matters will be filed with the Secretary of State.

(Source:  Amended at 36 Ill. Reg. 5840, effective April 1, 2012)