Illinois Compiled Statutes 5 General Provisions: Article 5 - Rulemaking Provisions

• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-5
  Applicability. All rules of agencies shall be adopted in accordance with this Article. (Source: P.A. 87-823.)
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-6
  Rulemaking conditions. All rulemaking authority exercised on or after the effective date of this amendatory Act of the 96th General Assembly is conditioned on the...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-10
  Adoption and availability of rules. (a) In addition to other rulemaking requirements imposed by law, each agency shall (i) adopt rules of practice setting...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-15
  Required rules. (a) Each agency shall maintain as rules the following: (1) A current description of the agency's organization with necessary charts depicting that...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-20
  Implementing discretionary powers. Each rule that implements a discretionary power to be exercised by an agency shall include the standards by which the agency...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-25
  Ratemaking. Every agency that is empowered by law to engage in ratemaking activities shall establish by rule, not inconsistent with the provisions of law...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-30
  Regulatory flexibility. When an agency proposes a new rule or an amendment to an existing rule that may have an impact on small businesses, not...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-35
  Procedure for rulemaking. (a) Before the adoption, amendment, or repeal of any rule, each agency shall accomplish the actions required by Section 5-40, 5-45,...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-40
  General rulemaking. (a) In all rulemaking to which Sections 5-45 and 5-50 do not apply, each agency shall comply with this Section. (b) Each...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-45
  Emergency rulemaking. (a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare....
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-46
  (Repealed). (Source: Repealed by P.A. 88-667, eff. 9-16-94.)
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-46.1
  Emergency rulemaking. (a) The General Assembly finds that the State's current financial situation constitutes an emergency for the purposes of this Act. (b) Beginning...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-46.2
  Implementation of changes to State Medicaid plan. In order to provide for the timely and expeditious implementation of the federally approved amendment to the Title...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-47
  (Repealed). (Source: Repealed by P.A. 88-667, eff. 9-16-94.)
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-50
  Peremptory rulemaking. "Peremptory rulemaking" means any rulemaking that is required as a result of federal law, federal rules and regulations, an order of a court,...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-55
  Automatic repeal of rules. A rule may provide for its automatic repeal on a date specified in the rule. The repeal shall be effective...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-60
  Regulatory agenda. An agency shall submit for publication in the Illinois Register by January 1 and July 1 of each year a regulatory agenda...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-65
  Filing of rules. (a) Each agency shall file in the office of the Secretary of State and in the agency's principal office a certified...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-70
  Form and publication of notices. (a) The Secretary of State may prescribe reasonable rules concerning the form of documents to be filed with the Secretary...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-75
  Incorporation by reference. (a) An agency may incorporate by reference, in its rules adopted under Section 5-35, rules, regulations, standards, and guidelines of an...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-80
  Publication of rules. (a) The Secretary of State shall, by rule, prescribe a uniform system for the codification of rules. The Secretary of State...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-85
  Correction of rules filed with the Secretary of State. (a) Corrections to a proposed rulemaking that has been published in the Illinois Register but...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-90
  Joint Committee on Administrative Rules. (a) The Joint Committee on Administrative Rules is established as a legislative support services agency subject to the Legislative...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-95
  Oaths and affirmations. (a) The Executive Director of the Joint Committee or any designated person may administer oaths or affirmations and take affidavits or...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-100
  Powers of the Joint Committee. The Joint Committee shall have the following powers under this Act: (a) The function of the Joint Committee shall...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-105
  Responsibilities of the Joint Committee. The Joint Committee shall have the following responsibilities under this Act: (a) The Joint Committee shall conduct a systematic...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-110
  Responsibilities of the Joint Committee with respect to proposed rules, amendments, or repealers. (a) The Joint Committee shall examine any proposed rule, amendment to...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-115
  Other action by the Joint Committee. (a) If the Joint Committee determines that the adoption and effectiveness of a proposed rule, amendment, or repealer or...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-120
  Responsibilities of the Joint Committee with respect to emergency, peremptory, and other existing rules. (a) The Joint Committee may examine any rule to determine whether...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-125
  Other Joint Committee action with respect to emergency or peremptory rulemaking. (a) If the Joint Committee determines that a rule or portion of a rule...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-130
  Periodic review of existing rules. (a) The Joint Committee shall evaluate the rules of each agency at least once every 5 years. The Joint...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-135
  Administration of Act. The Joint Committee may adopt rules to administer the provisions of this Act relating to the Joint Committee's responsibilities, powers, and...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-140
  Reports to the General Assembly. The Joint Committee shall report its findings, conclusions, and recommendations, including suggested legislation, to the General Assembly by February...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-145
  Request for adoption of rules. (a) An agency shall, in accordance with Section 5-35, adopt rules that implement recently enacted legislation of the General...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-146
  Rule change; intellectual disability. Any State agency with a rule that contains the term "mentally retarded" or "mental retardation" shall amend the text of the...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-147
  Rule change; physical disability. Any State agency with a rule that contains the term "crippled" or "crippling" to refer to a person with a physical...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-150
  Declaratory rulings. (a) Requests for rulings. Each agency may in its discretion provide by rule for the filing and prompt disposition of petitions or...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-155
  References to this Act. After the effective date of this amendatory Act of 1991, when rules contain references to Sections of this Act as...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-160
  Certain provisions of the Illinois Public Aid Code control over provisions of this Act. In the event that any provisions of this Act are...
• Illinois Administrative Procedure Act. - 5 ILCS 100, Section 5-165
  Ex parte communications in rulemaking; special government agents. (a) Notwithstanding any law to the contrary, this Section applies to ex parte communications made during the...

Last modified: February 18, 2015