Section 102.500  Agency Certification

a)         When the Agency proposes a rule which it believes to be a required rule, as defined by Section 28.2(a) of the Act the Agency shall so certify in its proposal, identifying the federal law to which the proposed rule will respond and the rationale upon which the certification is based  [415 ILCS 5/28.2(b)].  The certification must include a citation to the specific section of the specific federal law to which the proposed rule will respond.

b)         The Board shall either accept or reject the certification within 45 days and shall reference the certification in the first notice of the proposal published in the Illinois Register as provided by the Illinois Administrative Procedure Act  [415 ILCS 5/28.2(b)].