(430 ILCS 40/5) (from Ch. 111 1/2, par. 295)
Sec. 5.
(a) All special packaging of household substances standards regulations
now or hereafter adopted under authority of the federal Poison Prevention
Packaging Act of 1970 are the special packaging of household substances
standards regulations in this State. However, when in his judgment such
action will promote the aims of this Act, the Director may promulgate
regulations establishing special packaging of household substances
standards, even though the regulation is contrary to the Federal
regulation.
(b) Hearings authorized or required by this Act shall be conducted by
the Director or an officer, agent or employee designated by him.
(c) The authority to promulgate regulations for the efficient
enforcement of this Act is vested in the Director. The Director is
authorized to make the regulations promulgated under this Act conform, in
so far as practicable, with those promulgated under the Federal Poison
Prevention Packaging Act of 1970.
(d) A Federal regulation automatically adopted pursuant to this Act
takes effect in this State on the date it becomes effective as a Federal
regulation. No publication or hearing is required. The Director shall
publish all other proposed regulations in the official State newspaper. A
person who may be adversely affected by a regulation may, within 30 days
after publication of any other regulation, file with the Director, in
writing, objections and a request for a hearing. The timely filing of
substantial objections to a Federal regulation automatically adopted stays
the effect of the regulation.
If no substantial objections are received and no hearing is requested
within 30 days after publication of a proposed regulation it shall take
effect on a date set by the Director. The effective date shall be at least
60 days after the time for filing objections has expired.
If timely substantial objections are made to a Federal regulation within
30 days after it is automatically adopted or to a proposed regulation
within 30 days after it is published, the Director, after notice, shall
conduct a public hearing to receive evidence on the issues raised by the
objections. Any interested person or his representative may be heard. The
Director shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable. The
order shall be based on substantial evidence in the record of the hearing.
If the order concerns a Federal regulation it may reinstate, rescind or
modify it. If the order concerns a proposed regulation it may withdraw it
or set an effective date for the regulation as published or as modified by
the order. The effective date shall be at least 60 days after publication
of the order.
(Source: P.A. 77-2158.)
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