Section 220.900  Criteria for Review

a)         The Joint Committee will consider these criteria in its review of proposed rulemakings:

1)         Substantive

A)        Does the agency have legal authority for the proposed rulemaking?

B)         Does the proposed rulemaking comply with the statutory authority and legislative intent on which it is based or that it is implementing or interpreting?

C)         Does the proposed rulemaking comply with State and federal constitutions, State and federal law, federal rules and regulations, and case law?

D)        Does the proposed rulemaking include standards for the exercise of discretionary authority?

E)         Are the standards defined as clearly as practicable under the conditions?

F)         Does the agency have rulemaking authority?

2)         Propriety

A)        Is there an adequate justification and rationale for the proposed rulemaking and for any regulation of the public embodied in the rules?

B)        Has the agency considered the economic effects of the rulemaking upon those regulated, including small businesses, not for profit corporations, units of local government, school districts and community college districts?

C)        Has the agency considered less costly alternatives to this proposed rulemaking?

D)        Has the agency considered the budgetary effects of the proposed rulemaking upon itself, other State agencies, and State revenue in general?

E)        Is the language of the rules simple and clear, so that the rules can be understood by the persons and groups they will affect?

F)         Are the rules free of serious technical errors, redundancies and grammatical or typographical errors that could affect the meaning of the rules?

3)         Procedural

A)        Does the proposed rulemaking comply with Section 5-40 of the Act?

B)        Does the proposed rulemaking comply with the requirements of the Administrative Code Division (see 1 Ill. Adm. Code 100)?

C)        Does the proposed rulemaking comply with any additional requirements imposed on the agency by State or federal law?

D)        Does the proposed rulemaking comply with the agency's own rules for the promulgation of rules?

E)        Was the agency responsive to public comments concerning the rulemaking?

F)         Did the agency comply with Section 5-30 of the Act, if applicable, in connection with the rulemaking?

b)         If the Joint Committee determines that one or more of the criteria enumerated in subsection (a) of this Section are not met, the Committee shall issue an objection or recommendation pursuant to Section 5-110 of the Act and Section 220.1000 of this Part.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)