(430 ILCS 30/9) (from Ch. 95 1/2, par. 700-9)
Sec. 9.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with law
necessary to carry out the provisions of this Act.
(b) Prior to the adoption, amendment or repeal of any rule, the
Department shall:
(1) Give at least 30 days' notice of its intended action. The
notice shall include a statement of either the terms or substance of the
intended action or a description of the subjects and issues involved and
the time, place and manner in which interested persons may present their
views concerning the intended action. The notice shall be mailed to
each person who has made timely request of the Department for advance
notice of its rulemaking proceedings. In addition, the Department shall
file such notice with the Secretary of State.
(2) Afford all affected parties reasonable opportunity to submit
data, views or arguments which may in the discretion of the Department
be submitted either orally or in writing or both. The Department shall
consider fully all submissions respecting the proposed rule.
(3) If the Department finds that an emergency reasonably
constituting a threat to the public interest, safety or welfare requires
adoption of a rule upon fewer than 30 days' notice and states in writing
its reasons for that finding, it may proceed without prior notice or
hearing or upon any abbreviated notice and hearing that it finds
practicable to adopt an emergency rule. The rule may be effective for a
period not to exceed 120 days but the Department's authority to adopt an
identical rule under paragraphs (1) and (2) of this subsection is not
precluded.
(c) No action by the Department to adopt, amend or repeal a rule
under this Act shall be valid unless taken in substantial compliance
with this Section. A proceedings to contest any rule on the ground of
noncompliance with the procedural requirements of this Section must be
commenced within one year from the effective date of the rule.
(d) The Department shall file in the Office of the Secretary of
State and in the Department's principal office a certified copy of each
rule adopted by it.
(e) Each rule hereafter adopted is effective 10 days after filing,
except that:
(1) If the rule specified a later date as the effective date.
(2) Subject to applicable constitutional provisions, an emergency
rule becomes effective immediately upon filing with the Secretary of
State and in the Department's principal office or at a stated date less
than 10 days after filing if the Department finds that this effective
date is necessary because of emergency. The Department's finding and a
brief statement of the reasons for such findings shall be filed with the
rule. The Department shall take reasonable and appropriate measures to
make emergency rules known to possible affected parties.
(Source: P.A. 80-351.)
|