volume 33, issue 28 july 10, 2009 pages 9548-10097...chicago defender charities bud billiken day ......

Volume 33, Issue 28July 10, 2009 Pages 9548-10097

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TABLE OF CONTENTS

July 10, 2009 Volume 33, Issue 28 PROPOSED RULES

CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Placement and Visitation Services

89 Ill. Adm. Code 301................................................................9548 SECRETARY OF STATE

Commercial Driver Training Schools 92 Ill. Adm. Code 1060..............................................................9560

STATE BOARD OF ELECTIONS Campaign Financing

26 Ill. Adm. Code 100................................................................9597 ADOPTED RULES

CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Standard Procurement

44 Ill. Adm. Code 1....................................................................9607 EMPLOYMENT SECURITY, DEPARTMENT OF

General Application 56 Ill. Adm. Code 2712..............................................................9617

Claims, Adjudication, Appeals and Hearings 56 Ill. Adm. Code 2720..............................................................9623

Administrative Hearings and Appeals 56 Ill. Adm. Code 2725..............................................................9641

Employment 56 Ill. Adm. Code 2732..............................................................9646

Notices, Records, Reports 56 Ill. Adm. Code 2760..............................................................9652

Payment of Unemployment Contributions, Interest and Penalties 56 Ill. Adm. Code 2765..............................................................9658

Employee's General Rights and Duties 56 Ill. Adm. Code 2815..............................................................9668

Claimant's Availability for Work, Ability to Work and Active Search for Work

56 Ill. Adm. Code 2865..............................................................9675 NATURAL RESOURCES, DEPARTMENT OF

Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote and Woodchuck (Groundhog) Hunting

17 Ill. Adm. Code 550................................................................9680 Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, Beaver and Woodchuck (Groundhog) Trapping

17 Ill. Adm. Code 570................................................................9691 Dove Hunting

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17 Ill. Adm. Code 730................................................................9702 Crow, Woodcock, Snipe, Rail and Teal Hunting

17 Ill. Adm. Code 740................................................................9719 PUBLIC HEALTH, DEPARTMENT OF

Baccalaureate Assistance for Registered Nurses (Repealer) 77 Ill. Adm. Code 595................................................................9733

ENVIRONMENTAL PROTECTION AGENCY Permit Fees for Installing or Extending Water Main

35 Ill. Adm. Code 690................................................................9735 STUDENT ASSISTANCE COMMISSION, ILLINOIS

General Provisions 23 Ill. Adm. Code 2700..............................................................9742

Federal Family Education Loan Program (FFELP) 23 Ill. Adm. Code 2720..............................................................9758

Nurse Educator Scholar Program 23 Ill. Adm. Code 2759..............................................................9769

State Scholar Program 23 Ill. Adm. Code 2760..............................................................9776

Illinois Future Teacher Corps (IFTC) Program 23 Ill. Adm. Code 2764..............................................................9784

SECRETARY OF STATE Issuance of Licenses

92 Ill. Adm. Code 1030..............................................................9794 Cancellation, Revocation or Suspension of Licenses or Permits

92 Ill. Adm. Code 1040..............................................................9801 EMERGENCY RULES

STATE BOARD OF ELECTIONS Campaign Financing

26 Ill. Adm. Code 100................................................................9809 REGULATORY AGENDA

COMMERCE COMMISSION, ILLINOIS Procedures for Gas, Electric, Water and Sanitary Sewer Utilities Governing Eligibility for Service Deposits, Payment Practices, and Discontinuance of Service

83 Ill. Adm. Code 280................................................................9827 EMERGENCY MANAGEMENT AGENCY, ILLINOIS

Licensing of Radioactive Material 32 Ill. Adm. Code 330...............................................................9833

EMPLOYMENT SECURITY, DEPARTMENT OF Freedom of Information

2 Ill. Adm. Code 1301...............................................................9858 ENVIRONMENTAL PROTECTION AGENCY

Procedures for Informational and Quasi-Legislative Public Hearings 35 Ill. Adm. Code 164...............................................................9861

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

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Emergency Waiver of Interstate Banking Restrictions 38 Ill. Adm. Code 305................................................................9878

GAMING BOARD, ILLINOIS Riverboat Gambling

86 Ill. Adm. Code 3000.............................................................9906 HUMAN RIGHTS, DEPARTMENT OF

Procedures of the Department of Human Rights 56 Ill. Adm. Code 2520..............................................................9911

HUMAN RIGHTS COMMISSION Procedural Rules

56 Ill. Adm. Code 5300..............................................................9914 HUMAN SERVICES, DEPARTMENT OF

Americans With Disabilities Act Grievance Procedure 4 Ill. Adm. Code 300..................................................................9915

INSURANCE, DEPARTMENT OF Filing Policy and Endorsements Form

50 Ill. Adm. Code 753...............................................................9934 NATURAL RESOURCES, DEPARTMENT OF

Outfitter Regulations 17 Ill. Adm. Code 640...............................................................9943

POLLUTION CONTROL BOARD General Rules

35 Ill. Adm. Code 101...............................................................9952 RACING BOARD, ILLINOIS

Advanced Deposit Account Wagering 11 Ill. Adm. Code 325................................................................10021

REVENUE, DEPARTMENT OF Lottery (Hearings)

11 Ill. Adm. Code 1700.............................................................10027 STATE UNIVERSITIES RETIREMENT SYSTEM

Document Retention 80 Ill. Adm. Code 1600.............................................................10060

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER

POLLUTION CONTROL BOARD Notice of Public Information.............................................................10065

NOTICE OF AGENCY REPONSE TO A RECOMMENDATION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES

ENVIRONMENTAL PROTECTION AGENCY Permit Fees for Installing or Extending Water Main

35 Ill. Adm. Code 690...........................................................10071 NOTICE OF CORRECTION TO NOTICE ONLY

NATURAL RESOURCES, DEPARTMENT OF Consignment of Licenses, Stamps and Permits

17 Ill. Adm. Code 2520.........................................................10072

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JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES

July Agenda.......................................................................................10073 SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received..................................................................10080

EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS

Establishment of the Economic Recovery Advisory Commission 2009-13.....................................................................................10083

Establishment of Taxpayer's Sunshine Commission 2009-14.....................................................................................10085

Collective Bargaining By Individual Providers of Home-Based Support Services

2009-15.....................................................................................10087 PROCLAMATIONS

Captain Emilio Carranza Day 2009-210...................................................................................10090

Country Music Day 2009-211...................................................................................10091

Staff Sergeant Joshua A. Melton 2009-212...................................................................................10092

Staff Sergeant Paul G. Smith 2009-213...................................................................................10092

Americans With Disabilities Act Day 2009-214...................................................................................10093

Elder Abuse Awareness Month 2009-215...................................................................................10094

American Pharmacists Month 2009-216...................................................................................10095

Women's Health Foundation Day 2009-217...................................................................................10095

Chicago Defender Charities Bud Billiken Day 2009-218...................................................................................10096

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INTRODUCTION The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category. Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register. The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings. The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2009

Issue # Rules Due Date Date of Issue

1 December 22, 2008 January 2, 2009 2 December 29, 2008 January 9, 2009 3 January 5, 2009 January 16, 2009 4 January 12, 2009 January 23, 2009 5 January 20, 2009 January 30, 2009 6 January 26, 2009 February 6, 2009 7 February 2, 2009 February 13, 2009 8 February 9, 2009 February 20, 2009 9 February 17, 2009 February 27, 2009 10 February 23, 2009 March 6, 2009 11 March 2, 2009 March 13, 2009 12 March 9, 2009 March 20, 2009 13 March 16, 2009 March 27, 2009 14 March 23, 2009 April 3, 2009 15 March 30, 2009 April 10, 2009 16 April 6, 2009 April 17, 2009 17 April 13, 2009 April 24, 2009 18 April 20, 2009 May 1, 2009 19 April 27, 2009 May 8, 2009 20 May 4, 2009 May 15, 2009 21 May 11, 2009 May 22, 2009 22 May 18, 2009 May 29, 2009

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23 May 26, 2009 June 5, 2009 Issue # Rules Due Date Date of Issue

24 June 1, 2009 June 12, 2009 25 June 8, 2009 June 19, 2009 26 June 15, 2009 June 26, 2009 27 June 22, 2009 July 6, 2009 28 June 29, 2009 July 10, 2009 29 July 6, 2009 July 17, 2009 30 July 13, 2009 July 24, 2009 31 July 20, 2009 July 31, 2009 32 July 27, 2009 August 7, 2009 33 August 3, 2009 August 14, 2009 34 August 10, 2009 August 21, 2009 35 August 17, 2009 August 28, 2009 36 August 24, 2009 September 4, 2009 37 August 31, 2009 September 11, 2009 38 September 8, 2009 September 18, 2009 39 September 14, 2009 September 25, 2009 40 September 21, 2009 October 2, 2009 41 September 28, 2009 October 9, 2009 42 October 5, 2009 October 16, 2009 43 October 13, 2009 October 23, 2009 44 October 19, 2009 October 30, 2009 45 October 26, 2009 November 6, 2009 46 November 2, 2009 November 13, 2009 47 November 9, 2009 November 20, 2009 48 November 16, 2009 November 30, 2009 49 November 23, 2009 December 4, 2009 50 November 30, 2009 December 11, 2009 51 December 7, 2009 December 18, 2009 52 December 14, 2009 December 28, 2009

Editor's Note: The Secretary of State Index Department is providing this opportunity to remind you that the next filing period for your Regulatory Agenda will occur from May11 to July 1, 2009.

ILLINOIS REGISTER 9548 09

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Placement and Visitation Services 2) Code Citation: 89 Ill. Adm. Code 301 3) Section Numbers: Proposed Action:

301.40 Amendment 301.90 Amendment 301.120 Amendment

4) Statutory Authority: 25 USC 1901; 20 ILCS 505/5 and 505/5.30 5) A Complete Description of the Subjects and Issues Involved:

Section 301.40: requires that, when placing an Indian child, the Department shall also comply with Rule 307, Indian Child Welfare Services. Section 301.90: for children who have emotional, developmental or medical needs, or a combination of these, the Department shall provide specialized foster care services when such services are required to maintain the child in foster care or a permanency setting. Sets out the process for determining eligibility for specialized foster care services and the specific service interventions needed, and the minimum qualifications of the Department staff making that determination. Requires the Department to assess the foster parents with whom the child is placed or may be placed for the ability, experience and willingness to meet the child's needs, and to monitor the caregiver's compliance with the service plan and the child's wellbeing. Provides that children for whom the Department is legally responsible who are adopted and are eligible for adoption assistance, or for whom guardianship is transferred, may be eligible to receive services that are similar to specialized foster care services. Section 301.120: requires the caseworker to give the caregiver a written summary of available information about the child. In the case of emergency placements, the caseworker shall provide information verbally as it becomes available. Within 10 business days after placement the caseworker shall obtain from the caregiver a signed verification of receipt of the information, and also shall provide a copy of the written information to the child's guardian ad litem. The caregiver may review the supporting documents in the child’s file in the presence of casework staff.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None




7) Will this rulemaking replace an emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a

State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)]. 12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking:

Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 E. Monroe, Station #65-D Springfield, Illinois 62701-1498 Telephone: (217) 524-1983 TTY: (217) 524-3715 E-Mail: [email protected] Facsimile: (217) 557-0692

13) Initial Regulatory Flexibility Analysis: The Department has determined that the

proposed amendment will not have an economic impact on small businesses. 14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the 2 most recent Regulatory Agendas because: the Department did not foresee the need for this rulemaking.

The full text of the Proposed Amendments begins on the next page.




TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER a: SERVICE DELIVERY

PART 301 PLACEMENT AND VISITATION SERVICES

Section 301.1 Purpose (Renumbered) 301.2 Definition (Repealed) 301.3 Foster Care Placement Goal (Renumbered) 301.4 Plans to Achieve This Goal (Renumbered)

SUBPART A: PLACEMENT SERVICES

Section 301.10 Purpose 301.20 Definitions 301.30 Introduction 301.40 Legal Authority to Place 301.50 Emergency Placement 301.60 Placement Selection Criteria 301.70 Sibling Placement 301.80 Relative Home Placement 301.90 Foster Family Home Care 301.100 Residential Care 301.110 Care in a Medical/Psychiatric Facility 301.120 Sharing Appropriate Information with the Caregiver 301.130 Medical Examinations for Children in Placement 301.140 Education of Children While in Placement

SUBPART B: VISITATION SERVICES

Section 301.200 Purpose 301.210 Family-Child Visitation 301.220 Sibling Visitation 301.230 Contact Among Siblings Placed Apart 301.240 Grandparents Visitation




SUBPART C: FOSTER CARE PLACEMENT GOAL

Section 301.310 Purpose 301.320 Foster Care Placement Goal 301.330 Plans to Achieve This Goal

SUBPART D: FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION

Section 301.410 Purpose 301.420 Confidentiality of Foster Parent/Relative Caregiver Identifying Information 301.430 Routine Disclosure of Foster Parent/Relative Caregiver Identifying Information 301.440 Specific Disclosure of Foster Parent/Relative Caregiver Identifying Information 301.450 Specific Notice of Disclosure 301.460 Disclosure Prohibited 301.470 Redisclosure Prohibited 301.APPENDIX A Criminal Convictions which Prevent Placement of Children with

Relatives AUTHORITY: Implementing and authorized by the Children and Family Services Act [20 ILCS 505]; Section 3-6-2(g) of the Unified Code of Corrections [730 ILCS 5/3-6-2(g)]; Section 1-103 of the Illinois Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301]; the Adoption Assistance and Child Welfare Act of 1980 (42 USCA 670 et seq.); 45 CFR 1356.40 and 1356.41; the Juvenile Court Act of 1987 [705 ILCS 405]; and the Adoption Act [750 ILCS 50]. SOURCE: Adopted and codified at 7 Ill. Reg. 881, effective January 12, 1983; amended at 9 Ill. Reg. 9904, effective July 1, 1985; amended at 19 Ill. Reg. 9438, effective July 1, 1995; emergency amendment at 20 Ill. Reg. 3961, effective February 16, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 4602, effective March 15, 1996; amended at 20 Ill. Reg. 9036, effective July 11, 1996; amended at 20 Ill. Reg. 9518, effective July 5, 1996; amended at 21 Ill. Reg. 13580, effective October 1, 1997; amended at 23 Ill. Reg. 13062, effective October 20, 1999; emergency amendment at 24 Ill. Reg. 6427, effective March 27, 2000, for a maximum of 150 days; emergency expired August 23, 2000; amended at 25 Ill. Reg. 841, effective January 5,




2001; amended at 25 Ill. Reg. 11803, effective September 14, 2001; amended at 26 Ill. Reg. 11739, effective August 1, 2002; amended at 33 Ill. Reg. ______, effective ____________.

SUBPART A: PLACEMENT SERVICES Section 301.40 Legal Authority to Place

a) The Department shall not place children until it has the appropriate legal authority to do so. Such legal authority includes:

1a) temporary protective custody in accordance with the Abused and

Neglected Child Reporting Act [325 ILCS 5];

2b) adoptive surrender or consent to adoption by a specified person in accordance with the Adoption Act [750 ILCS 50];

3c) custody or guardianship in accordance with the Juvenile Court Act of

1987 [705 ILCS 405]; or

4d) temporary custody with written consent of the parents or, if the child is not in the custody of either parent, written consent of the guardian or custodian of the child, in accordance with the Children and Family Services Act [20 ILCS 505]. A written consent from a parent, guardian or legal custodian requesting temporary placement services for his or hertheir children is known as a voluntary placement agreement. A voluntary placement agreement may be entered into for a maximum of 60 days when it is in the best interests of the children. A voluntary placement agreement requires prior written approval of the administrator in charge of the Department region or designee. A voluntary placement agreement may be renewed for an additional 60 days only with the prior non-delegable written approval of the administrator in charge of the Department region.

b) When placing an Indian child, the Department shall comply with 89 Ill. Adm.

Code 307 (Indian Child Welfare Services). (Source: Amended at 33 Ill. Reg. ______, effective ____________)

Section 301.90 Foster Family Home Care




a) Foster family home care is provided in licensed foster family homes for children who cannot remain in the home and who can benefit from a family structure of care. The Department shall have legal responsibility for the child before the child is placed in a foster family home. The home shall have received a license or permit under the provisions of 89 Ill. Adm. Code 402, (Licensing Standards for Foster Family Homes), before it receives children for foster care payment.

b) For children who have emotional, behavioral, developmental or medical needs, or

a combination of these, the Department shall provide specialized foster care services when those services are required to maintain the child in foster care or a permanency setting.

1) The determination that a child requires specialized foster care services

shall be based on the following factors, cumulatively:

A) The child's individual functioning in his or her home, school and community;

B) The child's current or recommended involvement in identified

services;

C) The child's degree of need as defined by the recommended intensity and/or frequency of services; and

D) The caregiver's required level of participation in activities and/or

services needed to meet the child's treatment and educational needs.

2) A child's eligibility for specialized foster care services, and the specific

service interventions needed, shall be determined based upon:

A) The recommendation of the Child and Youth Investment Team (CAYIT) developed at a staffing convened specifically to address the emotional, behavioral, developmental or medical needs, or a combination, of these that may jeopardize stability in the child's placement.

i) The CAYIT team shall be comprised of the following

Department staff: a CAYIT Reviewer who is a Licensed




Clinical Social Worker (LCSW), Clinical Professional Counselor (LCPC), or Clinical Psychologist; a CAYIT Facilitator who convenes the CAYIT staffing; a CAYIT Implementation Coordinator who is responsible for monitoring implementation of the recommendation; the child's caseworker; and the casework supervisor.

ii) Other persons who shall be invited to the CAYIT include:

providers who are serving the child (e.g., psychologist, early childhood specialist, educational advisor, nurse), the child's foster parents/relative caregivers, the child's guardian ad litem, and the biological parents (when appropriate).

iii) Children over 12 years of age are expected to participate in

the CAYIT staffing unless deemed clinically inappropriate by the CAYIT Reviewer.

B) A referral from the Division of Child Protection, of a child new to

care, for an assessment by Department Specialized Foster Care Unit staff. Staff conducting the assessment shall possess a Master's in Social Work (MSW) or Psychology, or be a Licensed Clinical Social Worker (LCSW), Professional Counselor (LPC), Clinical Professional Counselor (LCPC), or Clinical Psychologist; or

C) The recommendation of Department clinical staff when a child in

the custody or guardianship of the Department is discharged from a psychiatric hospital. Clinical staff conducting the assessment shall possess a Master's in Social Work (MSW) or Psychology, or be a Licensed Clinical Social Worker (LCSW), Professional Counselor (LPC), Clinical Professional Counselor (LCPC), or Clinical Psychologist. When necessary, additional Department staff (e.g., Registered Nurse, Early Childhood Development Specialist) may be asked to participate in the assessment.

3) Conditions that may warrant consideration for specialized foster care may

include, but are not limited to:




A) The child has a life threatening disease, as documented by a medical professional (e.g., brain tumor, cancer);

B) The child is dependent on life saving equipment (e.g., ventilator

dependent, dialysis equipment);

C) The child has a medical/physical condition or impairment that requires an extraordinary level of daily supervision and/or assistance; or

D) The child has a history of mental health services that requires an

increase in the frequency of case management or therapeutic services, and/or the level of supervision or monitoring in the home for the protection of the child or others.

4) Once a child is determined to be eligible for specialized care, the

Department shall assess the foster parents with whom the child is placed or may be placed for the ability, experience and willingness to meet the child's needs.

A) Caregivers shall be required to complete child-specific training,

when recommended by the Department or the child's medical/treatment provider.

B) Caregivers shall complete 12 hours of training per year that is

tailored specifically to the child's medical and/or mental health needs and functioning. This training shall be separate from the training hours required for licensure or license renewal. The agency providing case management for the child shall provide training or identify training resources to meet this requirement and shall ensure that the caregivers are able to meet the needs of the child. Caregiver training shall be documented in the case record and in the caregivers' licensing record.

C) Other factors that shall be considered in selecting a child's

placement are those specified in this Part and in 89 Ill. Adm. Code 302 (Services Delivered by the Department).

5) Monitoring of Services




A) The child's caseworker shall monitor the caregiver's compliance

with the service plan and the child's wellbeing by:

i) visiting the child in the caregiver's home at least twice monthly;

ii) contacting the child's school by phone on a monthly basis

and in person on a quarterly basis;

iii) contacting the child's support services and mental health or medical treatment providers monthly, and obtaining written client progress reports from each provider on a quarterly basis;

iv) participating in the quarterly Child and Family Team

Meetings; and

v) participating in the semiannual Administrative Case Reviews.

B) If the child's needs cannot be met in his or her current placement

setting, even with additional services or supports, the CAYIT shall develop recommendations regarding services, interventions and placement settings best able to meet the child's or youth's needs.

6) The child's caseworker shall incorporate all recommended services into

the child's portion of the client service plan.

7) The CAYIT Implementation Coordinator and/or Department clinical staff shall monitor implementation of the recommended services until all of the recommendations are implemented.

8) Children for whom the Department is legally responsible who are adopted

and are eligible for adoption assistance as defined in 89 Ill. Adm. Code 302.310 (Adoption Assistance), or for whom guardianship is transferred pursuant to 89 Ill. Adm. Code 302.405 (Subsidized Guardianship Program), may be eligible to receive services that are similar to the specialized foster care services described in this subsection (b).




A) The determination that an adopted child or a child in a Subsidized

Guardianship living arrangement requires services similar to specialized foster care services shall be based on a recommendation by the Department's Post-Adoption Committee.

B) The Post-Adoption Committee shall be comprised solely of

Department staff selected by the Director (or designee) and shall include clinical staff, a Registered Nurse and a post-adoption worker. Clinical staff conducting the assessment shall possess a Master's in Social Work (MSW) or Psychology, or be a Licensed Clinical Social Worker (LCSW), Professional Counselor (LPC), Clinical Professional Counselor (LCPC), or Clinical Psychologist.

i) The Post-Adoption Committee shall identify the services, if

any, needed to maintain the adoption or subsidized guardianship placement. This may include new services for the child or an increase in services that the child is currently receiving under the subsidy.

ii) When the identified services are Medicaid-eligible or can

be obtained through available community services, the child's adoptive parents or guardians shall be required to utilize and exhaust those services before asking the Post-Adoption Committee to increase the amount of the subsidy to pay for the services.

iii) When the services are not Medicaid-eligible or cannot be

obtained through community services, or when the services have been exhausted, the Post-Adoption Committee may amend the amount of the adoption or guardianship subsidy to pay for the services.

cb) Although foster family home care is generally provided to children whose parents

are unable or unwilling to protect or care for them, it is also available for hearing impaired children who require special education not available in their home communities. The Department is not legally responsible for the children receiving this unique placement service. Care is provided in cooperation with the Illinois State Board of Education.




(Source: Amended at 33 Ill. Reg. ______, effective ____________)

Section 301.120 Sharing Appropriate Information with the Caregiver

a) At the time the Department places a child in substitute care (e.g., foster home, relative caregiver, adoptive home, group home or child institution)in foster care or other substitute care setting or prior to the placement of the child, whenever possible, the caseworkerDepartment shall provide the caregiver with a written summary of available information about the child necessary for the proper care of the child to the foster parent or other caregiver.

1) In the case of emergency placements when time does not allow prior

review, preparation, and collection of written information, the caseworker shall provide such information to the caregiver verbally as it becomes available.

2) Within 10 business days after placement the caseworker shall obtain from the caregiver a signed verification of receipt of the information provided.

3) The information provided to the caregiver shall be reviewed and approved

regarding accuracy by the caseworker's supervisor.

b) Within 10 business days after placement, the caseworker shall provide to the child's guardian ad litem a copy of the information provided to the caregiver. [20 ILCS 505/5(u)]

cb) TheThis information to be provided to the caregiver shall incudeincludes:

1) the medical history of the child, including known medical problems or

communicable diseases, information concerning the immunization status of the child, and insurance and medical card information;

2) the educationalschool history of the child, including any special

educational needs and details of the child's individualized educational plan (IEP), Individual Family Service Plan (IFSP) when the child is receiving special education services, or 504 Educational Special Needs Plan, if applicable;




3) a copy of the child's portion of the client service plan, including any visitation arrangements and all amendments or revisions;, case history of the child, including how the child came into care;, the child's legal status;, the permanency goal for the child; and a history of the child's previous placements;, criminal history, if any, and reasons for placement changes, excluding information that identifies or reveals the location of any previous foster or relative home caregiver; and

4) other relevant background information of the child, including any prior

criminal history; information about any behavior problems, including fire setting, perpetration of sexual abuse, destructive behavior and substance abuse habits;, any prior criminal history, habits, likes and, dislikes;, etc.

d) The caregiver may review the supporting documents in the child's file in the

presence of casework staff. [20 ILCS 505/5(u)] ec) Information subject to the Mental Health and Developmental Disabilities

Confidentiality Act shall be shared only in accordance with 89 Ill. Adm. Code 431, Confidentiality of Personal Information of Persons Served by the Department, Section 431.100 (Disclosure of Information of a Mental Health Nature).

fd) Information regarding Acquired Immunodeficiency Syndrome (AIDS), AIDS

Related Complex (ARC) or Human Immunodeficiency Virus (HIV) test results, shall be shared only in accordance with 89 Ill. Adm. Code 431, Confidentiality of Personal Information of Persons Served By the Department, Section 431.110 (Disclosure of Information Regarding Acquired Immunodeficiency Syndrome (AIDS)).

ge) When the information in this Sectionsubsections (b), (c) and (d) is not available at

the time of placement, the caregiver shall be given what information is available and advised that additional information will be provided when it is received.



SECRETARY OF STATE


1) Heading of the Part: Commercial Driver Training Schools 2) Code Citation: 92 Ill. Adm. Code 1060 3) Section Numbers: Proposed Action:

1060.5 Amendment 1060.20 Amendment 1060.60 Amendment 1060.120 Amendment 1060.160 Amendment 1060.180 Amendment 1060.200 Amendment

4) Statutory Authority: 65 ILCS 5/6-419; 625 ILCS 5/2-104 5) A Complete Description of the Subjects and Issues Involved: This rulemaking is to

amend the following: good moral character and motorcycle provisions; record requirements; solicitation restrictions; teenage accredited school requirements, enrollment requirements and CDL accredited school recordkeeping requirements.


rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? Yes 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: The rulemaking will not create or enlarge a

State mandate. 12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking: Text of the prepared amendments is posted on the Secretary of State's website, www.sos.il.us/departments/index/home as part of the Illinois Register. Interested persons may present their comments concerning this proposed rulemaking in writing within 45 days after publication of this Notice to:


SECRETARY OF STATE


Arlene J. Pulley Office of the Secretary of State Driver Services Department 2701 South Dirksen Parkway Springfield, Illinois 62723

217/557-4462 13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: Commercial Driver Training Schools

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Regulatory Agenda on which this rulemaking was summarized: January 2009 The full text of the Proposed Amendments begins on the next page:


SECRETARY OF STATE


TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE

PART 1060

COMMERCIAL DRIVER TRAINING SCHOOLS Section 1060.5 Definitions 1060.10 Unlicensed Person May Not Operate Driver Training School 1060.20 Requirements for School Licenses 1060.30 Driver Training School Names 1060.40 Refund of Application Fees 1060.50 School Locations and Facilities 1060.60 Driver Training School Student Instruction Record 1060.70 Driver Training School Course of Instruction 1060.80 Driver Training School Contracts 1060.90 Inspection of School Facilities 1060.100 Licenses 1060.110 Safety Inspection of Driver Training School Motor Vehicles 1060.120 Requirements to Obtain and Retain a Driver Training Instructor's License 1060.130 Examination for Driver Training Instructor 1060.140 Temporary Permit 1060.150 Driver Training School Responsibility for Employees 1060.160 Solicitation of Students and Pupils for Commercial Driver Training Instruction 1060.170 Hearings 1060.180 Teen Accreditation 1060.190 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training

School's License, Teen Accreditation, CDL Accreditation, and Instructor's License

1060.200 Commercial Driver's License and/or Endorsement and/or Accreditation 1060.210 Driver Training School Responsibility for Employees (Recodified) 1060.220 Solicitation of Students and Pupils for Commercial Driver Training Instruction

(Recodified) 1060.230 Hearings (Recodified) 1060.240 Teen Accreditation (Recodified) 1060.250 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training

School's License and Instructor's License (Recodified) 1060.260 Commercial Driver's License and/or Endorsement and/or Restriction

Accreditation (Recodified)


SECRETARY OF STATE


AUTHORITY: Implementing Article IV of the Illinois Driver Licensing Law of the Illinois Motor Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and authorized by Section 2-104(b) of the Illinois Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)]. SOURCE: Filed March 2, 1972; codified at 6 Ill. Reg. 12697; transferred from 23 Ill. Adm. Code 252.50 (State Board of Education) pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act [5 ILCS 100/5-80(d)] and Section 6-411 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411] at 11 Ill. Reg. 1631, effective December 31, 1986; amended at 11 Ill. Reg. 17244, effective October 13, 1987; amended at 12 Ill. Reg. 13203, effective August 1, 1988; amended at 12 Ill. Reg. 19756, effective November 15, 1988; amended at 14 Ill. Reg. 8658, effective May 18, 1990; recodified at 17 Ill. Reg. 20006, effective November 3, 1993; amended at 18 Ill. Reg. 7788, effective May 9, 1994; amended at 20 Ill. Reg. 3861, effective February 14, 1996; amended at 22 Ill. Reg. 22069, effective December 2, 1998; emergency amendment at 24 Ill. Reg. 8403, effective June 2, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15443, effective October 5, 2000; amended at 25 Ill. Reg. 6409, effective April 26, 2001; amended at 26 Ill. Reg. 15020, effective October 1, 2002; emergency amendment at 28 Ill. Reg. 398, effective December 22, 2003, for a maximum of 150 days; emergency expired May 19, 2004; amended at 28 Ill. Reg. 11925, effective July 26, 2004; amended at 30 Ill. Reg. 11377, effective June 14, 2006; amended at 31 Ill. Reg. 16008, effective November 16, 2007; amended at 33 Ill. Reg. ______, effective ____________. Section 1060.5 Definitions For purposes of this Part, the following definitions shall apply:

"Administrator" − any individual who is employed by or acts on behalf of a high school who administers a Statestate approved high school driver education program. "Branch Office" – an office of a commercial driver training schoolCommercial Driver Training School in a distinct location from the main office, but thatwhich conducts business under the name and as a part of the school as provided in IVC Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6, Art. IV] and thatwhich meets the requirements of Section 1060.50 of this Part.

"Business Day" – any day thaton which the Office of the Secretary of State Commercial Driver School Division is open, i.e.,; Monday through Saturday,


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excluding State holidays.

"Cancellation" – the without prejudice annulment or termination by formal action of the Secretary of a driver training school's license or a driver training school instructor's license because of some error or defect in the license or because the licensee is in some form of violation of any of the requirements in the Illinois Vehicle Code or Illinois Administrative Code. The, which annulment or termination shall not be subject to renewal or restoration, except that an application for a new license shall be presented and acted upon by the Secretary after the licensee demonstrates compliance with the provisions of this Part for which the cancellation was issued.

"CDL Accreditation" – the accreditation of a commercial driver training school by the Department that, which allows the school to offer instruction to students who wish to obtain a CDL and/or endorsement.

"CDL Study Guide" – a study guide, compiled by the Secretary of State from information contained in the Illinois Vehicle Code [625 ILCS 5] and 49 CFR 383, thatwhich is designed to aid drivers in preparing for a CDL examination.

"Commercial Driver's License" or "CDL" − a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383 (2006; this incorporation includes no later amendments or editions), to an individual, which authorizes the individual to operate a certain class of commercial motor vehicle as defined in IVC Section 1-111.6."Commercial Driver's License" or "CDL" − a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383 (2006, no later amendments or editions included), to an individual which authorizes the individual to operate a class of a commercial motor vehicle.

"Commercial Driver Training School" – an entity licensed by the Secretary of State to engage in the business of giving instruction for a fee in the driving of motor vehicles or in the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit.

"Commercial Driver Training Section" – a unit of the Department of Driver Services thatwhich oversees the licensing of commercial driving schools and the instructors in commercial driver training schools.


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"Commercial Motor Vehicle" or "CMV" – a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle –

has a gross combination weight rating of 11,794 kilograms (26,001 pounds) or more inclusive of towed units with a gross vehicle weight rating of more than 4,536 kilograms (10,001 pounds); or

has a gross vehicle weight rating of 11,794 kilograms (26,001 pounds) or more; or

is designed to transport 16 or more passengers, including the driver; or

is of any size and is used in the transportation of hazardous materials as defined in the Federal Motor Carrier Safety Regulations (49 CFR 383.5) and pursuant to IVC Section 6-500(6)"Commercial Motor Vehicle" – a vehicle as defined in Section 6-500 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-500].

"Department" – Department of Driver Services within the Office of the Secretary of State.

"Endorsement" – an indication on the driver's license that the driver has qualified to operate certain types and/or combinations of vehicles, and/or carry specified cargo.

"Enhanced Instruction Report" – a report submitted on a form prescribed by the Department showing the name, address, and number of behind-the-wheel instruction periods taken for every student who has had 25 hours of behind-the-wheel instruction.

"Fraud" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.

"Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the


SECRETARY OF STATE


"Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit. [625 ILCS 5/1-124.5] "Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "Gross Combination Weight Rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.

"Hazardous Materials" – any material that has been designated as hazardous under 49 USC 5103 and is required to be placarded under subpart F of 49 CFR 172 or any quantity of a material listed as a select agent or toxin in 42 CFR 73."Hazardous Materials" – substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce (49 USC 1802). "Illinois Vehicle Code" or "Vehicle Code" or "IVC" − 625 ILCS 5.

"Instruction Record" – records kept by the instructor to reflect the number of hours a pupil in a commercial driver training schoolCommercial Driver Training School attends behind-the-wheel and classroom instruction as provided in IVC Section 6-418 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-418].

"Main Office" – the primary office of the commercial driver training school thatCommercial Driver Training School which is designed solely for conducting the business of the school as provided in Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code.

"Misrepresentation" – a false statement of a substantive fact, or any conduct thatwhich leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

"Physical Facilities" – the building and items thatwhich constitute part of the building, including the telephone and the furniture.


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"Questionnaires" − any and all written examinations and/or forms, including but not limited to the "Illinois Driver's License Written Examination Basic and Classification "D"" and "Identification of Signs, Shapes and Colors" forms.

"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Department to assure safe operation of a motor vehicle."Restriction" – requirement or condition added to a driver's license which must first be met by the license holder before he/she may legally operate a motor vehicle.

"Revocation" – the termination by formal action of the Secretary of a commercial driver training school's license or a commercial driver training school instructor's license. The, which termination shall be subject to renewal or restoration identical to the provisions for revocation of a driver's license as provided in IVC Section 1-176 of the Illinois Vehicle Code [625 ILCS 5/1-176].

"Sex and Drug Related Offenses" – offenses of criminal sexual assault [720 ILCS 5/12-13], aggravated criminal sexual assault [720 ILCS 5/12-14], criminal sexual abuse [720 ILCS 5/12-15], aggravated criminal sexual abuse [720 ILCS 5/12-16], juvenile pimping [720 ILCS 5/11-19.1], soliciting for a juvenile prostitute [720 ILCS 5/11-15.1], unauthorized manufacture or delivery of a controlled substance, includingwhich shall include counterfeit drugs [720 ILCS 570/401], sale, delivery or exchange of instruments used for illegal drug use or abuse [720 ILCS 5/22-51], delivery of a controlled substance, includingwhich includes counterfeit and look alike substances [720 ILCS 570/407], manufacture or delivery of cannabis [720 ILCS 550/5], delivery of cannabis [720 ILCS 550/7], the production of the cannabis plant [720 ILCS 550/8], illegal possession in a motor vehicle of any controlled substance or any cannabis [625 ILCS 5/6-206(a)(28)], the criminal transmission of HIV [720 ILCS 5/12-16.2], exploitation of a child [720 ILCS 5/11-19.2], controlled substance trafficking [720 ILCS 570/401.17], cannabis trafficking [720 ILCS 550/5.1], delivery of cannabis on school grounds [720 ILCS 550/5.2], calculated criminal cannabis conspiracy [720 ILCS 550/9], calculated criminal drug conspiracy [720 ILCS 570/405], and criminal drug conspiracy [720 ILCS 570/405.1].

"Short Review Course" − a course offered by commercial driver training schoolsCommercial Driver Training Schools to pupils who have previously held or currently hold a valid driver's license and thatwhich does not meet the requirement of 6 hours of classroom instruction and 6 hours behind-the-wheel


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instruction.

"Surety Bond" – a written obligation whereby aanother person assumes liability for another person'sanother's debts or defaults of obligation.

"Suspension" – the procedures for temporary withdrawal of a commercial driver training school's license or commercial driver training school instructor's license identical to the provisions for the suspension of a driver's license as provided in IVC Section 1-204 of the Illinois Vehicle Code [625 ILCS 5/1-204].

"Teen Accreditation" – the accreditation of a commercial driver training school Commercial Driver Training School by the Department that, which allows the school to offer instruction to pupils under age 18.


Section 1060.20 Requirements for School Licenses

a) The Secretary of State shall not issue, or shall deny, cancel, suspend or revoke, a driver training school license unless: 1) The applicant has at least one motor vehicle owned or leased in the name

of the driver training school or school owner indicated on the license, and registered by the Secretary of State Vehicle Services Department, that has been safety inspected and insurance certified as required in subsection (e) for use by the school for driver training purposes and driving instruction.

2) The applicant has at least one person who is employed by or associated

with the school, and who is licensed or qualified to be licensed by the Department as a driver training instructor for that school.

3) The physical facilities meet the requirements of this Part. 4) The applicant is of good moral character as required pursuant to IVC

Section 6-402(a) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-402(a)]. In making a determination of good moral character, the Department is not limited to, but mayshall consider, the following:


SECRETARY OF STATE


A) WhetherIf the applicantowner has been convicted of a felony or a misdemeanor. The Department shall consider: i) The relationship of any crime of which the applicantperson

has been convicted to the ability to operate a driver training school; or

ii) The opinions of the community members concerning the

owner; or ii)iii) The length of time that has elapsed since the

applicant'sowner's last criminal conviction;.

iii) Whether the applicant successfully completed any sentence imposed with the convictions;

iv) Whether the applicant has multiple convictions for felony

or misdemeanor offenses. B) If the personowner has been indicted, formally charged or

otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled.:

i) If the personowner whose commercial driver training

school license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on his/her record in accordance with Section 1060.190(b) of this Part shall stand. This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the Illinois Vehicle Code.

ii) If the personowner whose commercial driver training

school license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) of this Part shall be rescinded. This action does not preclude further


SECRETARY OF STATE


suspension and/or revocation of the commercial driver training school license under another Section of this Part or the Illinois Vehicle Code.

iii) If the personowner whose commercial driver training

school license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) of this Part shall be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the Illinois Vehicle Code.

5) An individual whose commercial driver training school license has been

denied, cancelled, suspended or revoked pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.

b) Only one driver training school license shall be issued to any individual, group,

association, partnership or corporation, and the Department shall deny the application of any driver training school if any of the applicants are unqualified or are already licensed or have made application for another driver training school license.

c) The applicant shall not be a current salaried or contractual employee of the

Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State.

d) No accreditation program shall remain in operation if properly qualified personnel

are not available or if other changes occur that would reduce its qualifications. Exception: in the event of fire, flood or other catastrophe, the school may temporarily continue to operate with facilities that are not up to standards only for the duration of the courses that have been started, if the Director of the Department consents for them to do so. A Secretary of State employee shall determine that no health or safety hazard exists in violation of any local ordinance or, State or federal law or regulationordinance before the Director of the Department shall give his/her consent. No new course can be started until


SECRETARY OF STATE


facilities meet the minimum requirements for licensing. e) No driver training school shall operate in the State of Illinois unless it provides

and files with the Department a continuous surety bond in the principal sum of $20,000, underwritten by a company authorized to do business in the State of Illinois, for the protection of the contractual rights of students as provided in IVC Section 6-402(e) of the Illinois Driver Licensing Law of the Illinois Vehicle Code. All bonds filed pursuant to this provision shall be in substantially the following form:

Know All Persons by These Presents, That We, , of ,

hereinafter referred to as Principal and , a corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of Twenty Thousand Dollars ($20,000), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. The condition of this obligation isCondition Of This Obligation Is such that, That whereas, the principal has made application for a license or permit to the State of Illinois for the purpose of exercising the vocation of a driver training schoolDriver Training School. IfNow Therefore, if the said Principal shall faithfully compliescomply with the Illinois Vehicle Code, as amended, and all rules and regulations thatwhich have been or may hereafter be in force concerning the license or permitsaid License or Permit, and shall save and keep harmless the Obligees from all loss or damage thatwhich may be sustained as a result of the issuance of thesaid license or permit to the said Principal, this obligation shall be void; otherwise, this obligation shallto remain in full force and effect. The bond will expireBond Will Expire but may be continued by renewal certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving 30 days written notice to the Commercial Driver Training Section of the Department, 650 Roppolo Drive, Elk Grove Village, Illinois 60007, and the Surety shall not be liable for any default after thatsuch 30 day notice period, except for defaults occurring prior thereto.

Signed, Sealed and Dated this day of , 20__.

Principal


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Surety

By Attorney-in-fact

f) Upon receipt of a properly executed application for a driver training school

license, or driver training instructor's license, the Department shall investigate the qualifications of the applicant, and authorized representatives shall inspect the school property and equipment to determine whether the application should be granted or denied.

g) An owner or manager shall not engage in fraudulent activity as defined in Section

1060.5 of this Part. h) An owner or employee of a commercial driver training school shall not have been

declared to have engaged in fraudulent activity within the 5 years prior to making application.

i) Licenses shall be issued by the Department. j) An owner shall not have possession of questionnaires used by the Driver Services

Department in conjunction with administering driver's license examinations. This includes questionnaires purposely or inadvertently obtained from any Secretary of State employee or any individual acting on behalf of the Secretary of State.

k) An owner shall not knowingly use unlicensed instructors for the purpose of

classroom or behind the wheel instruction.

l) An owner shall not be currently employed as an administrator and/or teacher of a State-approved high school driver education program.

m) An owner of a commercial driver training school that provides motorcycle

instruction shall not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.


Section 1060.60 Driver Training School Student Instruction Record


SECRETARY OF STATE


a) All driver training schools licensed by the Department shall maintain a permanent record of instruction given to each student in accordance with IVC Section 6-408 of the Illinois Driver Licensing Law of the Illinois Vehicle Code. If records of the driver training school are kept on a computer, a hard copy mustMUST be retained for inspection purposes.

b) Each driver training school shall furnish the student a duplicate of his or her

instruction record when the student completes all of the courses contracted for or otherwise ceases taking instruction at or with the school.

c) The branch office must maintain a copy of the student's instruction record and any

other student records required by the Department for a minimum period of six (6) months before transferring the records to the Main Office, where they shall be kept on file in accordance with IVC Section 6-408 of the Illinois Driver Licensing Law of the Illinois Vehicle Code.

d) Road tests at Secretary of State facilities conducted in a driver training school

vehicle are considered a part of instruction, and documentation shall be maintained.

e) Failure to maintain the required student instruction records, and/or the

maintenance of incomplete records, shall be prima facie evidence that the required instruction was not administered.


Section 1060.120 Requirements to Obtain and Retain a Driver Training Instructor's License

a) The Secretary of State shall not issue, or shall deny, cancel, suspend or revoke, a driver training instructor's license: 1) To any person who:

A) has not held a valid driver's license for any 2 year period preceding the date of application for an instructor's license;

B) intends to instruct in L and/or M classification, as defined in 92 Ill.

Adm. Code 1030.30(b); and


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C) has not held the representative classification for 3 consecutive

years immediately prior to the date of application; 2) To any person who has been convicted of 3 or more offenses against

traffic regulations governing the movement of traffic within the 2 year period immediately preceding the date of application for an instructor's license;

3) To any person who has had 2 or more convictions of a violation that

caused an auto accident within the 2 year period immediately preceding the date of application for an instructor's license;

4) To any person who has been convicted of driving under the influence of

alcohol and/or other drugs, pursuant to IVC Section 11-501 of the Illinois Rules of the Road of the Illinois Vehicle Code [625 ILCS 5/11-501], leaving the scene of a fatal accident, pursuant to IVC Section 11-401 of the Illinois Rules of the Road of the Illinois Vehicle Code [625 ILCS 5/11-401], reckless homicide, pursuant to Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3], reckless driving, pursuant to IVC Section 11-503 of the Illinois Rules of the Road of the Illinois Vehicle Code [625 ILCS 5/11-503], or any sex or drug related offense within 10 years prior to the date of application; or to any person with more than one of these convictions;

5) To any person who has failed to pass the written, vision, or road test

required by the Department for applicants for a driver training instructor's license;

6) To any person who is physically unable to safely operate a motor vehicle

or to safely instruct or train others in the operation of a motor vehicle as determined by a licensed physician pursuant to IVC Section 6-411(d) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(d)]. An application/medical examination form provided by the Secretary of State shall be completed by the applicant and physician. The physician's medical examination form shall contain the applicant's ability to safely operate a motor vehicle. The form shall also contain an indication of the person's eyesight, hearing, mental alertness, reflexes, and whether the person has normal use of his/her limbs and feet. The


SECRETARY OF STATE


physician must also provide his/her address and the date and place of the examination. Those persons who are solely classroom instructors shall comply with subsection (d) of this Section;

7) To any person who fails to properly and fully complete an application for

a license or otherwise indicates that he/she is unqualified to receive a driver training instructor's license;

8) To any person who is not employed or associated with a driver training

school licensed by the Department as required pursuant to IVC Section 6-417 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-417];

9) To any person who is currently a salaried or contractual employee of the

Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manualPolicy Manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State;

10) To any person who fails to supply a complete set of fingerprints to the

Department as required pursuant to IVC Section 6-411(b) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(b)];

11) To any person who is not at least 21 years of age and a resident of the

State of Illinois; 12) To any person who has failed to comply with the provisions of this Part

pursuant to IVC Section 6-411(d) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(d)];

13) To any person who is not of good moral character as required pursuant to

IVC Section 6-411(a) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(a)]. In making a determination of good moral character, the Department is not limited to, but mayshall consider the following: A) If the personinstructor has been convicted of a felony or

misdemeanor. The Department shall consider:


SECRETARY OF STATE


i) The relationship of any crime of which the person has been

convicted to the ability to operate a driver training school; or

ii) The opinions of the community members concerning the

owner; or ii)iii) The length of time that has elapsed since the owner's last

criminal conviction;. iii) Whether the applicant successfully completed any sentence

imposed with the convictions; iv) Whether the applicant has multiple convictions for felony

or misdemeanor offenses. B) If the personinstructor has been indicted or, formally charged or

otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled.: i) If the personinstructor whose commercial driver training

school instructor license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on his/her record in accordance with Section 1060.190(b) of this Part shall stand. This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the Illinois Vehicle Code.

ii) If the personinstructor whose commercial driver training

school instructor license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) of this Part shall be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the


SECRETARY OF STATE


Illinois Vehicle Code. iii) If the personinstructor whose commercial driver training

school instructor license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) of this Part shall be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the Illinois Vehicle Code;.

14) To any person whose suspension under IVC Section 11-501.1, 11-501.6 or

11-501.8of the Illinois Rules of the Road of the Illinois Vehicle Code [625 ILCS 5/11-501.1] has terminated within 10 years prior to the date of application; or to any person with more than one of the above suspensions under IVC Section 11-501.1 or 11-501.6;

15) To any person who has not completed a 30-hour course or an equivalent

college or university course approved by the Director of the Department. A) Any person possessing a current and valid commercial driver

training instructor's license, or who is renewing a commercial driver training license issued by the Secretary of State's Office, shall be exempt from this requirement.

B) A driver training school whose instructor provides training to

individuals under the age of 18 years is exempt from this requirement and must complete the mandatory 48 hour course as required in Section 1060.180 of this Part;

16) To any person currently licensed by the Secretary of State as a Third Party

Certification Program Safety Officer;

17) To any person who is currently an administrator and/or teacher of a State-approved high school driver education program.

b) If an applicant indicates that he/she has been convicted of a felony, the applicant


SECRETARY OF STATE


shall submit a signed release allowing the Department to obtain any information regarding the applicant's arrest and conviction, thereby enabling the Department to determine the fitness of an applicant to be licensed as an instructor.

c) No driver training instructor shall provide behind-the-wheel instruction in a

vehicle that is classified higher than the classification of the instructor's driver's license. An instructor may hold two classifications:; one classification from Classes A, B, C and D, and one classification from Classes L and M, as defined in 92 Ill. Adm. Code 1030.30(b). An instructor holding a Class A commercial driver's license may teach students to drive all Class A, B, C, and D vehicles. An instructor holding a Class B commercial driver's license may teach students to drive all Class B, C, and D vehicles. An instructor holding a Class C commercial driver's license may teach students to drive all Class C and D vehicles. However, an instructor holding a non-commercial driver's license may only teach students who do not require a commercial driver's license. An instructor holding a Class M license may teach students to drive all Class L and M vehicles.

d) Any person who is physically unable to safely operate a motor vehicle but meets

all other requirements to be a driver training instructor shall be able to teach only the classroom portion of the driver training course upon receipt of a doctor's statement indicating the person is physically able to teach in the classroom. The person shall also pass the vision test, as provided in 92 Ill. Adm. Code 1030.70, the written test, as provided in 92 Ill. Adm. Code 1030.80, and the highway safety sign test, and shall submit all applicable fees as set out in IVC Section 6-411 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411] before being issued an instructor's license for classroom instruction only.

e) All instructors who have ceased to be employed or associated with the designated

school on their license must submit a new complete instructor's license application and application fee before being licensed to instruct at another school or in the same school after such cessation.

f) If a driver training instructor license is not renewed within one year after the

previous year's expiration date, the applicant shall be required to take examinations pursuant to Section 1060.130 of this Part.

g) An instructor shall not engage in fraudulent activity as defined in Section 1060.5

of this Part.


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h) During the course of instruction in either classroom or behind-the-wheel, an instructor shall not engage in activity unrelated to normal driving instruction that puts the student in danger.

i) An instructor shall not have possession of questionnaires used by the Driver

Services Department in conjunction with administering driver's license examinations. This includes questionnaires purposely or inadvertently obtained from any Secretary of State employee or any individual acting on behalf of the Secretary of State.

j) An individual whose commercial driver training school instructor license has been

cancelled pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.

k) An instructor of a commercial driver training school that provides motorcycle

instruction shall not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.


Section 1060.160 Solicitation of Students and Pupils for Commercial Driver Training Instruction

a) A driver training school owner and/or instructor may not solicit or advertise for business within 1500 feet of any building used as an office by the Secretary of State having to do with the administration of any laws relating to motor vehicles.

b) A driver training school owner and/or instructor may only advertise the use of

training locations that are currently licensed.

(Source: Amended at 33 Ill. Reg. ______, effective ____________) Section 1060.180 Teen Accreditation

a) Accreditation of the School – Each commercial driver training school that desires to offer instruction to those under the age of 18 must be accredited by the Secretary of State through the Department of Driver Services before such instruction can be offered or advertised.


SECRETARY OF STATE


1) Upon receipt of proper application for accreditation, the Secretary of State will investigate the school and verify the application. A Secretary of State employee shall contact the school and make an appointment to visit the school's facilities. At the time of the visit, the Secretary of State employee shall verify that the school meets the standards set forth for commercial driving schools in IVC Section 6-401 of the Illinois Vehicle Code [625 ILCS 5/6-401]. In addition, the school shall meet the standards for commercial driver school teen accreditation that are set forth in subsections Section 1060.180(b) through (f) of this Part. These standards shall be furnished to the school by the Secretary of State before the visit if the school requests them. If all qualifications and standards are met, the school shall be certified to offer instruction to students under the age of 18.

2) The accreditation of each school is renewable upon the expiration date of

the school license, provided all qualifications and standards are met and provided the school has been in compliance with all rules.

3) Only qualified teaching personnel may teach persons under age 18.

Exception: in the event of an emergency situation in whichwherein the only available teacher terminates his or her employment, or must take a leave of absence, while a course remains incomplete, other licensed instructors may take over and complete the course. No new courses may be started before properly qualified teaching personnel are again available. In all such cases, the Department must give prior approval. Approval shall not be given until the Department has checked the roster of instructors at the school and determined that no other teacher licensed by the Secretary of State to teach students under 18 is available at the school.

4) A teen accredited driving school must submit a permit cancellation request

to the Secretary of State for any teenage student with an instruction permit who withdraws from, or fails to complete, the teenage driver education program.

b) Required Facilities – All teen accredited driver training schools must provide all

classroom and vehicle facilities and equipment as prescribed in the driving school laws and regulations as administered by the Secretary of State. Those who desire to provide instruction for persons under the age of 18 must comply with Section 1060.50 of this Part. Schools in operation at the time that this Part becomes


SECRETARY OF STATE


effective may continue to use their present classroom facilities as long as they continue to occupy them. 1) Required Course of Instruction

A) One copy of an outline covering the topics to be taught in the

classroom phase of instruction, and one1 copy of an outline of the behind-the-wheel phase of instruction constructed along the lines of the recommended "Illinois Driver Education Curriculum." shall be maintained. TheSaid outlines must meet the approval of the Director of the Department. i) Accredited teen driver training schools must follow the

approved classroom and behind-the-wheel course outlines that are submitted to the Director of the Department at the time of application for certification. The Department shall determine compliance with this provision by unannounced inspections of teen classes and records. At least one such inspection shall take place every 2 months.

ii) If thesuch classroom or behind-the-wheel outlines are

substantially changed, revised outlines must be submitted in duplicate to the Director of the Department for approval. A letter shall be sent to the driver training school informing it of whether itsthem if their classroom or behind-the-wheel outline has been approved.

B) Instructional materials shall be available and shall include one of

the following: a 16 mm sound projector and screen, video equipment with films processed on video tape, a film strip or slide projector and films thatwhich correspond with the outline described in subsection (b)(2)(A) of this Section.

C) A professional library containing an assortment of reference and

textbooks, pamphlets and other publications shall bewhich is available for the use of students or teachers.

c) Teacher Qualifications


SECRETARY OF STATE


1) Classroom Teacher Qualifications – Each teen accredited driver training school must have at least one classroom instructor employed who meets the standards of IVC Section 6-411 of the Illinois Vehicle Code [625 ILCS 5/6-411], pertaining to classroom instructors who teach approved driver education courses to students under 18 years of age. A) A classroom driver training instructor teaching the teen accredited

program must comply with Sections 1060.120 and 1060.130 of this Part.

B) The instructor must possess good physical and mental health. An

application/physical exam form, will be provided by the Secretary of State, which must be completed by the instructor and a physician.

C) The instructor must qualify under one of the following

requirements: i) Be a certified teacher meeting the requirements of 23 Ill.

Adm. Code 252.40(b)(3). (Minor – 16 semester hours) ii) Hold a baccalaureate degree, have one1 year of teaching

experience in primary, secondary or higher education, and complete a 48 hour course approved by the Director of the Department.

iii) Complete the 48 hour course or an equivalent college or

university course (a course, at least 48 hours in length, designed to provide individuals with the knowledge, methods and procedures specific to conducting driver education instructional courses, that has been approved by the Director of the Department) and provide written documentation verifying he or she hasthey have had 2 months of experience teaching behind-the-wheel to adults.

iv) Hold a valid State teaching certificate and complete a 48

hour behind-the-wheel and classroom course approved by the Director of Driver Services.


SECRETARY OF STATE


2) Behind-the-wheel Teacher Qualifications – Behind-the-wheel teachers of driving shall be those who have passed an objective typewritten examination based upon current textbooks and the Motor Vehicle Code; a practical test regarding their ability to drive and to instruct others; and investigation of their moral character and driving record as required in IVC Section 6-411(a) through (f) of the Illinois Vehicle Code [625 ILCS 5/6-411(a) through (f)] and supplementary regulations. A) A driver training instructor teaching the teen accredited behind-

the-wheel program must comply with Sections 1060.120 and 1060.130 of this Part.

B) The instructor must possess good physical and mental health. An

application/physical exam form, will be provided by the Secretary of State, which must be completed by the instructor and a physician.

C) The instructor must qualify under one of the following

requirements: i) Be a certified teacher meeting the requirements of 23 Ill.

Adm. Code 252.40(b)(3). ii) Hold a baccalaureate degree and have 2 months of

experience in teaching behind-the-wheel to adults. iii) Have 7 years of uninterrupted teaching experience in a

commercial driver training school. iv) Be licensed by the Secretary of State, complete the 48 hour

course (48 Hour Course – a course, at least 48 hours in length, designed to provide individuals with the knowledge, methods and procedures specific to conducting driver education instructional courses that has been approved by the Department Director) or an equivalent college or university course approved by the Director of Driver Services, and provide written documentation verifying he or she hasthey have had 2 months of experience teaching behind-the-wheel to adults.


SECRETARY OF STATE


v) Hold a valid State teaching certificate and complete a 48

hour course approved by the Director of Driver Services. 3) Classroom and/or behind-the-wheel driver education teachers are to be

assigned not more than 12 clock hours of instructional work daily. No teen instruction, classroom or behind-the-wheel, can take place between the hours of 10:00 p.m. and 6:00 a.m.

d) Student Qualifications

1) A driver training school or driver training instructor licensed by the

Secretary of State shall comply with all of the requirements of IVC Section 6-408.5 of the Illinois Vehicle Code [625 ILCS 5/6-408.5] prior to requesting a certificate of completion from the Secretary of State.

2) A superintendent or chief school administrator may waive the

requirements contained within IVC Section 6-408.5 of the Illinois Vehicle Code if he/she deems it to be in the best interests of the student or dropout. The State Board of Education may, at itstheir discretion, by rule or regulation, establish guidelines for the waiver of the requirements of IVC Section 6-408.5 of the Illinois Vehicle Code [625 ILCS 5/6-408.5].

3) Prior to a driver training school or driver training school instructor

requesting a certificate of completion for a student, the driver training school or driver training instructor must verify that the student is enrolled in school and has received a passing grade in at least 8 courses during the 2 semesters. Verification of a student's eligibility to obtain a certificate of completion from the Secretary of State shall be by one of the following methods: A) obtain written documentation on a form prepared or approved by

the Secretary of State stating the student has received a passing grade in at least 8 courses during the previous 2 semesters;

B) obtain written waiver from a superintendent or school

administrator on a form prepared or approved by the Secretary of State;


SECRETARY OF STATE


C) obtain written verification on a form prepared or approved by the Secretary of State stating the student is enrolled in a home school;

D) obtain copies of the student's report card and/or transcript for the

previous 2 semesters indicating a passing grade in at least 8 courses during the previous 2 semesters.

4) Verification of eligibility for any person who has dropped out of school

and has not yet attained the age of 18 years shall be by one of the following methods: A) obtain written documentation verifying the dropout's enrollment in

GED or an alternative education program or obtain a copy of the dropout's GED certificate;

B) obtain written verification that the student prior to dropping out,

had received a passing grade in at least 8 courses during the 2 previous semesters last ending prior to requesting a certificate of completion; or

C) obtain written consent on a form prepared or approved by the

Secretary of State from the dropout's parents or guardian and the regional superintendent.

5) Students enrolled in a driver training school shall be informed in writing

of the eligibility requirements of IVC Section 6-408.5 of the Illinois Vehicle Code at the time of registration thatwhich shall be documented in the student's file.

6) The driver training school and/or driver training school instructor shall

maintain a copy and make available for inspection all written documentation required by this Section.

7) The driver training school may not enroll any students who will not be at

least 15 years of age prior to the end of the classroom portion of the course.

e) Classroom Instruction – For Personsfor persons under Ageage 18 Yearsyears


SECRETARY OF STATE


1) Classroom instruction shall include not less than 30 class hours. Instructional periods are to be no longer than 2 hours daily with meetings distributed regularly throughout the minimum of 4four complete weeks. The maximum number of students cannot exceed 30 per class for classroom instruction, except that, if unless the size of the classroom exceeds 350 square feet, then a maximum of 35 students shall be allowed.

2) Classroom instruction shall include subject matter relating to the rules of

the road, safe driving practices, pedestrian safety, driver responsibility, theory of driving, defensive driving techniques, behavioral characteristics of drivers, auto insurance and financial responsibility, development of perception for driving, emergency situation procedures, the use of automobile safety devices, and the effects of alcohol and/or other drugs on driving.

3) Each classroom course must have a definite starting date and completion

date. No more than one classroom course may be taught during any same time period in the same classroom. Late registrations shall not be accepted beyond the third day of the course, at which time the course must be closed to further enrollments.

4) Late registrants and absentees shall be given make-up instruction and

assignments. No school shall permit the student to be absent from more than 4 class sessions without requiring the student to re-enroll in a later course and to start over.

5) The teaching facilities must provide adequate, comfortable seating for

students. Lighting must be adequate and the maintenance (housekeeping) of the room orderly.

6) A textbook on driver education must be in the possession of each student

for the duration of the course, to be used as a regular part of the course content, and consistent with the recommended course outline.

7) Audio-visual materials shall be used as a supplement to the teacher's

presentation, but not as a replacement. Reference materials are to be available to the students and their use assured by assignments. All assignments are to be made in advance of due dates and should include outside reading as well as preparation for testing.


SECRETARY OF STATE


8) A regular schedule of classroom testing shall be followed. Student

progress in acquaintance with information, data, and knowledge is to be periodically evaluated. Criteria for passing or failing the course must be evident to the students and successful completion clearly defined.

9) Each student shall be informed prior to the time instruction begins of the

character and amount of any and all fees or charges made for enrollments or registration, tuition, use of equipment, text and reference materials, supplies, and any service, equipment, or materials provided by the commercial driving school.

10) Instruction for each student in the class shall begin on the date and

location designated by advertisement and continue throughout the designated period unless the course is cancelled and the student is refunded any fees already paid.

11) A listing of students enrolled in each and everythe classroom course shall

be sent to the Department of Driver Services Blue Slip Unit within 3 days after the third day of classroom instruction on forms provided by the Secretary of State. A certificate will not be issued to anyone whose name has not been submitted on this form, signed by an authorized official of the school.

f) Laboratory Instruction – For Personsfor persons under Ageage 18 Yearsyears

1) Laboratory instruction shall not begin until such time as the student is

enrolled in a classroom program of driver education and possesses the basic information required for safe operation of a vehicle in traffic. At least 4 hours of classroom instruction must be given before behind-the-wheel lessons are started.

2) Each student must have in his or her possession, when engaged in vehicle

operation, a valid instruction permit issued by the Secretary of State. 3) No fewerNot less than 2two nor more than 4four students are to occupy

the car with an instructor when instruction is in progress. Student driving experiences shall be for periods of not more than 90 minutes for each student per daysession. The accumulation of 6 hours of practice driving


SECRETARY OF STATE


shall be distributed regularly throughout a minimum of 2two complete weeks. Although observation time in the car may not be counted as practice driving, a minimum of 6 hours is required. The only exception shall be when a parent requests that observers be excluded because the parent has chosen an alternate formula. The alternate formula may substitute 1 additional hour of behind-the -wheel instruction for 3 hours of observation; or 2 additional hours of behind-the-wheel instruction for 6 hours of observation. If an alternate formula is chosen, the student may drive alone with an instructor. The school must maintain on file a parental signature authorizing the student to take an alternate formula for the behind-the-wheel portion of instruction.

4) Each student shall receive a minimum of 6 full hours of behind-the-wheel

instruction. There can be no allowance for any absences without actual make-up time spent behind-the-wheel. Satisfactory completion denotes that each student has the competencies to be certified by the school for issuance of a certificate.

5) Lesson time or practice driving time may not be used to call for, deliver or

dismiss other students to their homes or pick-up points. 6) Practice driving instruction shall include actual experience in starting,

stopping, shifting, turning, backing, parking, steering, and emergency situation procedure in a vehicle equipped according to IVC Section 6-410 of the Illinois Vehicle Code [625 ILCS 5/6-410].

g) Records

1) Records shall be maintained by schools thatwhich substantiate daily

attendance, lesson time, and periodic evaluation of each student. Also recorded shall be the beginning and ending dates of classroom, as well as laboratory, instruction. Students are to be identified by their social security numbers as well as by name, address and other personal information. TheSuch records are to be on file in the office of the management for a period of 3 years.

2) A Secretary of State form shall be used for submitting the names of those

students who have satisfactorily fulfilled the requirements of the complete course in driver education and who qualify for a certificate. The form


SECRETARY OF STATE


shall be signed by an authorized official of the school.

(Source: Amended at 33 Ill. Reg. ______, effective ____________) Section 1060.200 Commercial Driver's License and/or Endorsement and/or Accreditation

a) Accreditation of the Program – Each commercial driver training school that desires to offer instruction to those individuals who wish to obtain a CDL and/or endorsement and/or restriction must be accredited by the Secretary of State through the Department of Driver Services before such instruction can be offered or advertised. 1) Upon receipt of proper application for accreditation, the Secretary of State

shall investigate the program and verify the information contained in the application. A Secretary of State employee shall contact the applicant and make an appointment to inspect the school's facilities. At the time of inspection, the Secretary of State employee shall verify that the school meets the standards for CDL accreditation set forth in Section 1060.190(b) through (f) in addition to all other applicable Sections within this Part. These standards shall be furnished to the school by the Secretary of State before the visit, if the school requests them. If all qualifications and standards are met, the school shall be accredited to offer instruction on how to operate a vehicle with CDL and/or endorsement and/or restriction classification.

2) The accreditation of each school is renewable upon the expiration date of

the school license, provided all qualifications and standards are met and, provided the school has been in compliance with all rules.

3) Only qualified teaching personnel who already possess a CDL and/or

endorsement and/or restriction classification may teach the drive portion of instruction.

b) Required Facilitiesfacilities – All CDL, and or endorsement and/or restriction

accredited schools must provide all classroom and vehicle facilities and equipment as prescribed in IVC Chapter 6, Article IV of the Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and Section 1060.50 of this Part. Those who desire to provide instruction to persons who wish to obtain a CDL, and/or endorsement and/or restriction classified license must


SECRETARY OF STATE


additionally provide a vehicle training area, owned or leased by the school, with sufficient space to properly accommodate the number of vehicles the school has in operation and appropriate off-street maneuvers. 1) Required Coursecourse of Instructioninstruction:

A) CDL accredited driving schools must administer driving

instruction that corresponds to a curriculum that will be provided to the school by the Secretary of State. Each CDL accredited driving school must provide the minimum of 160 hours of instruction in not less than a 4 week period to each student, as indicated in the curriculum.

B) The following curriculum must be offered to each first time CDL

student in a minimum of 4 weeks. Each student must receive 160 hours of CDL instruction as outlined in this subsection (b)(1)(B). The training schedule outlined must follow the Illinois Occupational Skill Standards, Entry-Level Truck Driver Manual (March 1999) endorsed for Illinois by the Illinois Occupational Skill Standards and Credentialing Counsel. This manualManual is available from the Secretary of State Driver Facility, 650 Roppolo Drive, Elk Grove Village IL 60007. i) Classroom. 40 hours of classroom instruction; this

includes, but is not limited to, preparation for the Secretary of State's written examinations and all chapters of this curriculum.

ii) Range. 16 hours of training yard behind-the-wheel

instruction. This requires one-on-one instruction with a properly licensed CDL instructor and vehicle on an approved training lot.

iii) Over the Road. 16 hours of behind-the-wheel instruction

on public streets and highways. This requires one-on-one instruction with a properly licensed CDL instructor and vehicle.

iv) Observation. 10 hours of observation experience composed


SECRETARY OF STATE


of observation of the practice range and over-the-road training.

v) Remedial Training. 78 hours of additional classroom

training, observation, and practice range/over-the-road training based on each CDL student's specific needs.

C) Instructional materials shall be available and shall include at least

one of the following: a 16 mm sound projector and screen, video equipment with films processed on video tape, a film or films.

D) A professional library containing an assortment of reference and

textbooks, pamphlets, and other publications, including but not limited to the CDL Study Guide, that are available for the use of students and teachers.

E) A brush-up course of instruction may be offered to individuals who

currently hold or have held a CDL issued under the requirements of 49 CFR 383, as incorporated in Section 1060.5 (2006). The school must maintain records that verify students qualify for a brush-up course. This course may be offered on an hourly basis. No brush-up course may be offered to any individual who has never held a CDL or its equivalent.

F) Classroom Instructioninstruction – CDL, and/or endorsement

and/or restriction classification instruction. i) Each classroom course must have a definite starting date

and completion date. A listing of students enrolled in each course shall be sent to the Secretary of State, within 3 days after the third day of classroom instruction, on forms provided by the Secretary of State.

ii) Classroom instruction shall include subject matter relating

to the rules of the road as contained in the CDL Study Guide, safe driving practices, pedestrian safety, defensive driving techniques, behavioral characteristics of drivers, federal regulations relating to the Department of Transportation and CDL standards (49 CFR 383 (2006), as


SECRETARY OF STATE


incorporated in Section 1060.5 (Commercial Driver's License)), vehicle insurance, the use of safety devices, and the effects of alcohol and drugs on driving.

iii) Practice driving instruction must comply with the

curriculum provided by the Office of the Secretary of State. iv) Audio-visual materials shall be used as a supplement to the

teacher's presentation, but not as a replacement. Reference materials are to be available to the students and their use assured by assignments. All assignments are to be made in advance of due dates and shall include outside reading as well as preparation for testing.

v) A regular schedule of classroom testing shall be followed.

Student progress is to be periodically evaluated. Criteria for passing or failing the course shall be evident to the student, and successful completion clearly defined.

vi) Each student shall be informed, prior to the time instruction

begins, of the amount of any and all fees or charges made for enrollment or registration, tuition, use of equipment, or materials provided by the CDL, and/or endorsement and/or restriction accredited driver training program.

vii) Instruction of each student in the class shall begin on the

date and location designated by advertisement and continue throughout the designed period, unless the course is cancelled and the student is refunded any fees already paid.

G) Laboratory Instruction – For persons taking instruction for CDL,

and/or endorsement and/or restriction classification. i) Behind-the-wheel instruction shall not begin until such

time as the student is enrolled in a classroom program of CDL, and/or endorsement and/or restriction classification driver training and obtains the required knowledge for the safe operation of a vehicle in traffic as provided in 49 CFR 383.110-121 (2006).


SECRETARY OF STATE


ii) Each student must have in his/her possession, when

engaged in vehicle operation, a valid and properly classified instruction permit issued by the Secretary of State, unless previously licensed in a classification representative of the vehicle he/she intends to drive.

iii) Practice driving instruction shall include but not be limited

to pre-trip inspection, actual experience in starting, stopping, shifting, turning, backing, docking, parking, steering, and emergency situation procedures.

iv) CDL skills testing for classification A must be given in a

representative power unit with a multi-range transmission with no fewer than 9 forward gears and a representative trailer at least 48 feet long with a tandem axle.

2) Student Ratio Per Courseratio per course

A) The total number of students enrolled in each CDL accredited

course in any 30-day period shall not exceed 5 students per each currently licensed instructor.

B) The total number of students enrolled in each CDL accredited

course in any 30-day period shall not exceed 6 students for each currently registered CDL vehicle.

c) Classroom Teacher Qualificationsteacher qualifications

1) Each CDL, and/or endorsement and/or restriction accredited driver

training school must have at least one classroom instructor employed by the school who meets the standards of IVC Section 6-411 of the Illinois Vehicle Code [625 ILCS 5/6-411].

2) Required Classroom Teacher Qualificationsclassroom teacher

qualifications: A) A driver training instructor teaching the classroom portion of a

CDL, and/or endorsement and/or restriction accredited course must


SECRETARY OF STATE


comply with Sections 1060.120 and 1060.130 of this Part. B) The instructor must possess good physical and mental health, as

determined by a physician. An application/physical examination form, shall be provided by the Secretary of State, which shall be completed by the instructor and a physician.

C) A classroom instructor must pass an objective type instructor

written examination based upon the Illinois Vehicle Code, commercial school rules and regulations, and the Commercial Motor Vehicle Safety Act of 1986 (49 USC 2704). The written examination shall consist of 125 questions (90 multiple choice and 35 true/false) and the instructor must correctly answer 106 questions to pass.

d) CDL, Endorsementand/or endorsement and/or Restriction Behind-the-Wheel

Teacher Qualificationsrestriction behind-the-wheel teacher qualifications 1) Each CDL, and/or endorsement and/or restriction accredited driver

training school must have at least one behind-the-wheel instructor employed by the school who meets the standards of IVC Section 6-411 of the Illinois Vehicle Code [625 ILCS 5/6-411].

2) Required Behind-the-Wheel Teacher Qualificationsbehind-the-wheel

teacher qualifications: A) A driver training instructor teaching the behind-the-wheel portion

of a CDL, and/or endorsement and/or restriction accredited course must comply with the provisions of Sections 1060.120 and 1060.130 of this Part and be licensed in a classification representative of the vehicle in which he or she intendsthey intend to teach for at least 3 consecutive years immediately prior to application (a one1 month lapse in renewal will not negate the 3 consecutive years requirement).

B) The instructor must possess good physical and mental health, as

determined by a physician. An application/physical examination form, provided by the Secretary of State, shall be completed by the instructor and a physician.


SECRETARY OF STATE


C) The instructor shall give instruction only in the classification,

and/or endorsement and/or restriction in which he/she is licensed. D) A behind-the-wheel instructor must pass an objective type

instructor written examination based upon the Illinois Vehicle Code, commercial school rules and regulations, and the Commercial Motor Vehicle Safety Act of 1986 (49 USC 2704), as provided for in subsection (c)(1)(C) of this Section. In addition, a behind-the-wheel instructor must pass a practical test regarding his/her ability to drive a vehicle of CDL, and/or endorsement and/or restriction classification (92 Ill. Adm. Code 1030.85).

e) Student Instruction Records

1) Records shall be maintained by schools that document daily attendance,

lesson time, and periodic evaluation of each student. Also recorded shall be the dates of classroom instruction, behind-the-wheel instruction and observation time. Students are to be identified by their social security numbers as well as by name, address, and other personal information. A driver license number also must be entered on the student record. TheSuch records are to be on file in the office of the management for a period of 3 years.

2) The driver school with a CDL, and/or endorsement and/or restriction

accreditation must meet all requirements of Section 1060.60 of this Part. 3) The school and each student must maintain separate but identical logs of

the student's behind-the-wheel instruction and observation time. The logs must include the dates of instruction, type of instruction, student/instructor signatures and odometer readings of the vehicles used for instruction.

4) A Secretary of State form shall be used for submitting names of those

students who have satisfactorily fulfilled the CDL accreditation course. The form shall be signed by an authorized official of the school.

f) The Secretary of State shall suspend, or revoke, cancel or deny the license and/or

accreditation of any driver training school or driver training instructor if the school or instructor fails to comply with the provisions of this Part or 49 CFR 383


SECRETARY OF STATE


(2006). g) The Secretary of State may reduce the amount of scheduled skills testing for CDL

Accredited schools that have a student failure rate of 45% or greater in the preceding 2 calendar months.



STATE BOARD OF ELECTIONS


1) Heading of the Part: Campaign Financing 2) Code Citation: 26 Ill. Adm. Code 100 3) Section Numbers: Proposed Action:

100.180 New 100.185 New

4) Statutory Authority: Implements 5/9-35 of the Election Code [10 ILCS 5/9-35] and

authorized by Section 9-35(h) of the Election Code [10 ILCS 5/9-35(h)] 5) A Complete Description of the Subjects and Issues Involved: Pursuant to Public Act 95-

971, effective January 1, 2009, the SBEL, through rulemaking process, establishes procedures to be used by business entities whose existing State contracts, or whole bids or proposals on State contracts exceed $50,000, to electronically register with the SBEL. Such entities will receive electronically a certificate of registration. This rulemaking sets forth the situations in which the SBEL must assess civil penalties against such entities (failure to update a registration, failure to submit the certificate of registration with a business' affiliated persons/entities, etc.).


rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This proposed rulemaking does not create or

expand a State mandate on local government. 12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking: Steven S. Sandvoss General Counsel




State Board of Elections 1020 S. Spring St. Springfield IL 62708 217-557-9939 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations

affected: Any business or bid proposal with a contract in excess of $50,000 will have an impact.

B) Reporting, bookkeeping or other procedures required for compliance: Because of

the electronic registration requirement some IT skills will be necessary. C) Types of Professional skills necessary for compliance: See B) above.

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the 2 most recent regulatory agendas because: At the time that the regulatory agenda submission was due, Public Act 95-971 was not in effect.

The full text of the Proposed Amendments begins on the next page:




TITLE 26: ELECTIONS CHAPTER I: STATE BOARD OF ELECTIONS

PART 100

CAMPAIGN FINANCING Section 100.10 Definitions 100.20 Official Forms 100.30 Forwarding of Documents (Repealed) 100.40 Vacancies in Office – Custody of Records 100.50 Multiple Filings by State and Local Committees 100.60 Filing Option for a Federal Political Committee 100.70 Reports of Contributions and Expenditures 100.80 Report Forms 100.90 Provision Circumvention 100.100 Proof of Identification; Application for Inspection and Copying (Repealed) 100.110 Loans by One Political Committee to Another 100.120 Receipt of Campaign Contributions 100.125 Receipt by Mail of Pre-Election and Semiannual Reports of Campaign

Contributions and Expenditures 100.130 Reporting by Certain Nonprofit Organizations 100.140 Prohibited Contributions – State Property 100.150 Electronic Filing of Reports 100.160 Good Faith 100.170 Sponsoring Entity 100.180 Business Entity Registration Procedures 100.185 Assessment of Civil Penalties AUTHORITY: Implementing Article 9 of the Election Code [10 ILCS 5/Art. 9] and authorized by Section 9-15(3) of the Election Code [10 ILCS 5/9-15(3)]. SOURCE: Amended at 5 Ill. Reg. 1337, effective January 30, 1981; amended at 5 Ill. Reg. 12115, effective October 26, 1981; codified at 6 Ill. Reg. 7211; amended at 7 Ill. Reg. 225, effective December 16, 1982; amended at 14 Ill. Reg. 10824, effective June 22, 1990; amended at 16 Ill. Reg. 6982, effective April 21, 1992; amended at 18 Ill. Reg. 14707, effective September 9, 1994; amended at 21 Ill. Reg. 10044, effective July 21, 1997; emergency amendment at 23 Ill. Reg. 719, effective January 4, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 6796, effective May 24, 1999; emergency amendment at 24 Ill. Reg. 13039, effective August 9, 2000,




for a maximum of 150 days; emergency expired January 5, 2001; amended at 24 Ill. Reg. 14214, effective September 11, 2000; amended at 29 Ill. Reg. 18785, effective November 7, 2005; amended at 30 Ill. Reg. 10261, effective June 1, 2006; amended at 30 Ill. Reg. 17496, effective November 3, 2006; amended at 31 Ill. Reg. 7142, effective May 1, 2007; emergency amendment at 33 Ill. Reg. 332, effective January 1, 2009, for a maximum of 150 days; emergency expired May 30, 2009; emergency amendment at 33 Ill. Reg. 9809, effective June 29, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. ______, effective ____________. Section 100.180 Business Entity Registration Procedures

a) This Section and Section 100.185 are adopted to comply with Public Act 95-971. Any business entity whose existing State contracts, whose bids and proposals on State contracts or whose bids and proposals on State contracts combined with the business entity's existing State contracts in aggregate annually total more than $50,000 shall register with SBEL in accordance with Section 9-35 of the Election Code [10 ILCS 5/9-35]. Those business entities that wish to submit a bid or proposal on a State contract must register with SBEL prior to submitting their bid or proposal. SBEL will provide a certificate of registration upon successful completion of the registration process.

b) Definitions

1) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", "affiliated person", and "executive employee" shall have the meanings ascribed to those terms in Section 50-37 of the Illinois Procurement Code [30 ILCS 500/50-37] (Procurement Code).

2) The term "annually", as used in Section 20-160 of the Procurement Code,

when referring to the aggregation of State contracts, shall mean the calendar year in which the contracts are bid on or awarded.

3) Unless otherwise indicated, any time frame involving a certain number of

days shall refer to business days. Business days shall be those days in which the office of SBEL is open to the public for a minimum of 7 hours.

4) The term "political committee" shall mean any political committee

required to file as such under the provisions of Article 9 of the Election Code (campaign disclosure law), regardless of whether the committee has




filed a Statement of Organization pursuant to Section 9-3 of the Election Code.

5) The term "minor children" shall mean any children of an affiliated person

who has not attained the age of 18 years of age as of the time of registration of the business entity with which the person is affiliated. The term shall include adopted children of the affiliated person but shall not include stepchildren.

c) Upon the establishment of a fully functional and statutorily compliant electronic

registration system, business entities will be required to submit their registration forms electronically consistent with Section 9-35 of the Election Code. Within 60 days after the establishment of the electronic system, all business entities that have submitted their registrations via e-mail attachment or on paper shall re-submit their registration electronically. SBEL will send notice to all such entities informing them that the electronic system has been established and setting a date on which the 60 day period is to begin. This re-registration requirement shall also affect any business entity that had previously registered with SBEL, but that is no longer required to be registered. At the time of re-submission, SBEL shall provide to the business entity an electronic certificate of registration.

d) Business entities shall register on a secure website provided by SBEL by first

creating an on-line account. SBEL will verify the authenticity of that account at the time of registration.

e) Registration Procedures

1) The following information must be supplied at the time of registration:

A) The name and address of the business entity. The address shall be the office designated by the entity as its principal office or its headquarters.

B) The name and address of each affiliated entity of the business

entity, including a description of the affiliation. The address shall be that of the principal office or headquarters of the affiliated entity.




C) The name and address of each affiliated person of the business entity, including a description of the affiliation. At least one affiliated person is required to be listed on the registration. The name and address of any minor children who must be disclosed on the business entity's registration by virtue of the fact that those persons fall under the definition of affiliated person shall not be posted on the SBEL website.

D) The Federal Employer Identification Number (FEIN), if the

business has obtained such a number. If the business does not have a FEIN, an Illinois Business Tax Number (IBT) must be provided. If the business has neither of these numbers, it must provide an identifying number unique to that business that is capable of verification by SBEL. A sole proprietorship may use a social security number as a unique identifier if it does not have a FEIN or an IBT.

2) Registration shall be accomplished in one of the two following methods:

A) A web-based program through which information may be entered, saved and transmitted upon completion. Changes may be made by accessing the program, making the changes, and submitting those changes to SBEL via the program contained on SBEL's website.

B) A format, provided by SBEL, designed specifically for large

business entities through which data may be submitted in lieu of completion of the web-based option. Though this method is geared toward larger business entities, any business entity may choose to use this method.

f) The Board shall provide a certificate of registration to the business entity upon

registration and upon any change of information submitted by the entity. The certificate shall be electronic and accessible to the business entity through the SBEL website and shall be password protected.

1) Any business entity required to register under Section 20-160 of the

Procurement Code shall provide a copy of the registration certificate, by first class mail, e-mail or hand delivery within 10 days after registration, to




each affiliated entity and each affiliated person whose identity is required to be disclosed.


Procurement Code shall provide a copy of the registration certificate, by first class mail, e-mail or hand delivery within 10 days after the addition of any affiliated entity or affiliated person whose identity is required to be disclosed, to that affiliated person or entity. The delivery of the registration certificate to a minor child who is an affiliated person shall be accomplished by providing it as described in this Section to either parent (one of whom must be an affiliated person) or the legal guardian of the minor child. The business entity shall document in writing the date of submission of the certificate of registration to the appropriate entities and persons.


Procurement Code shall notify each political committee to which it makes a contribution, in writing at the time of the contribution, that the business entity is registered with SBEL under Section 20-160. The business entity shall document in writing the date of submission of the certificate of registration to the appropriate political committee.

4) Any affiliated entity or affiliated person of a business entity required to

register under Section 20-160 of the Procurement Code shall notify each political committee to which it makes a contribution that it is affiliated with a business entity registered with SBEL under Section 20-160 and the business entity with which it is affiliated. The notification shall be in writing and shall occur at the time the contribution is made to the committee. The affiliated entities or persons shall document in writing the date of submission of the certificate of registration to the appropriate political committee.

5) In the determination of a complaint alleging a failure to comply with any

notification requirement contained in this subsection (f), the failure of a party responsible for providing the required notification to submit written documentation of compliance shall create a rebuttable presumption of noncompliance against that party.




g) Each bid submitted to and every contract executed by the State on or after January 1, 2009 shall contain:

1) A certification by the bidder or contractor that either:

A) the bidder or contractor is not required to register as a business

entity with SBEL pursuant to this Section; or

B) the bidder or contractor has registered as a business entity with SBEL and acknowledges a continuing duty to update the registration; and

2) A statement that the contract is voidable under Section 50-60 of the

Procurement Code as a result of the bidder's or contractor's failure to comply with Section 20-160 of the Procurement Code.

h) A business entity whose aggregate bids and proposals on State contracts annually

total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the contract is awarded. Any change of information, including but not limited to changes in affiliated entities or affiliated persons, must be reported to SBEL within 2 business days following the change (see Section 100.185(a)).

i) A business entity whose contracts with State agencies, in the aggregate, annually

total more than $50,000 has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contract or for a period of 2 years following the expiration or termination of the contract, whichever is longer.

1) Any change in information, including but not limited to changes in

affiliated entities or affiliated persons, shall be reported to SBEL within 10 days following the change (see Section 100.185(a)).

2) If a business entity required to register under Section 20-160(d) of the

Procurement Code has a pending bid or proposal on a State contract, then any change in information shall be reported to SBEL within 2 business days (see Section 100.185(a)).




j) A copy of the business entity's certificate of registration must accompany any bid

or proposal for a contract with a State agency by a business entity required to register. The chief procurement officer of the State agency shall not accept a bid or proposal unless:

1) the certificate of registration is submitted to the agency with the bid or

proposal; or 2) a statement that the bidder or contractor is not required to register as a

business entity with SBEL is submitted to the agency with the bid or proposal.

k) A registration, and any changes to a registration, must include the business

entity's verification of accuracy. l) The requirements of this Section apply regardless of the method of source

selection used in awarding the contract. m) SBEL will keep and maintain the paper registrations filed in accordance with P.A.

95-1038 and the emergency rules enacted by SBEL in its principal office in Springfield for a period of 6 months following the creation of the electronic registration system. The public may view these paper registration submissions of business entities at SBEL's principal office in Springfield during normal business hours. Copies of registrations of business entities submitted to SBEL shall also be available for public inspection at SBEL's principal office in Springfield. The searchable database provided for in Section 9-35 of the Election Code shall be accessible to the public at all times following its creation.

(Source: Added at 33 Ill. Reg. ______, effective ____________)

Section 100.185 Assessment of Civil Penalties

a) The provisions of Sections 9-20 through 9-24 of the Election Code relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with the Board) and Section 9-35(e) (the intentional, willful or material failure to disclose required registration information and failure to update a registration), except that




the complaint shall be directed to the registered agent of the business entity or its chief executive officer. In addition, the provision of Section 9-21 pertaining to the 60 day period prior to an election shall not apply to complaints filed under this Section. Willful or intentional failure to disclose material information on a business entity's registration shall subject that entity to a civil penalty assessed by the Board not to exceed $5,000 per occurrence. If the Board determines that a business entity has intentionally, willfully or materially failed to disclose required information on its registration, it shall refer that determination to the chief procurement officer of the agency or agencies that accepted a bid or entered into a contract with that business. Failure to provide notice under Section 9-35(d) is a business offense, the penalty for which shall not to exceed $1,001.

b) The provisions of 26 Ill. Adm. Code 125, Subparts A, B and C shall apply to

complaints filed against business entities.

c) Failure to update a registration as required by Section 20-160(d) and (e) of the Procurement Code (any change in information must be reported to SBEL within 2 business days), will result in a $1,000 per day penalty for each day the information remains unreported. For purposes of this Section, the information required to be updated is the information required of a business entity under Section 9-35(b) of the Election Code, including name and address of the business entity and any affiliated person or entity.

d) Any penalty assessed against a business entity by SBEL for violation of Section

9-35 of the Election Code shall be paid within 30 days after the assessment of the penalty. The 30 day period shall commence on the date the letter is sent by SBEL to the business entity assessing the penalty. Any assessed penalty that remains unpaid more than 30 days after the issuance of the final order assessing the penalty shall be posted on the SBEL website, indicating the name of the business entity owing the penalty and stating that the penalty remains unpaid.

(Source: Added at 33 Ill. Reg. ______, effective ____________)


DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Standard Procurement 2) Code Citation: 44 Ill. Adm. Code 1 3) Section Number: Adopted Action: 1.5037 New Section

4) Statutory Authority: Implementing Public Act 97-971 and authorized by The Illinois

Procurement Code [30 ILCS 500] 5) Effective Date of Amendment: June 25, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: 33 Ill. Reg. 2874; February 13, 2009

10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version. Many nonsubstantive, technical

revisions were made to include things such as abbreviations and punctuation items that were added and/or changed. In subsection (d)(1)-(d)(3), language that was date-specific and no longer applicable was removed. Subsection (b) (1) was reordered for clarity. Subsection (b)(3) referring to requests for copies of registration records to State Board of Elections was deleted as the stamped Registration Certificate may be available from the procuring agency. Language relating to the applicability of the rule to written two-party contracts was clarified. Language was deleted in subsection (c)(3) to make clear that the registration certificate must be submitted with the bid/proposal and if not, the bid/proposal will be rejected.

12) Have all of the changes agreed upon by the agency and JCAR been made as indicated in

the agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency amendment currently in effect? Yes




14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Amendment: This rulemaking provides supplemental

information regarding registration requirements and requirements regarding the submission of bids/proposals and contracts, including timeframes for submission of registration certificates and the inclusion of contract certifications.

16) Information and questions regarding this adopted amendment shall be directed to: Ben Bagby, Legal Counsel Illinois Department of Central Management Services 720 Stratton Office Building Springfield IL 62706 217/782-9669 The full text of the Adopted Amendment begins on the next page.




TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT

SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 1

STANDARD PROCUREMENT

SUBPART A: GENERAL

Section 1.1 Title 1.5 Policy 1.8 Purpose and Implementation of This Part 1.10 Application 1.15 Definition of Terms Used in This Part 1.25 Property Rights 1.30 Constitutional Officers, and Legislative and Judicial Branches

SUBPART B: PROCUREMENT RULES

Section 1.525 Rules

SUBPART C: PROCUREMENT AUTHORITY

Section 1.1005 Exercise of Procurement Authority 1.1010 Appointment of State Purchasing Officer 1.1030 Associate Procurement Officers 1.1040 Central Procurement Authority of the CPO 1.1050 Procurement Authority of the SPO; Limitations 1.1060 Delegation 1.1070 Toll Highway Authority 1.1075 Department of Natural Resources 1.1080 Illinois Mathematics and Science Academy

SUBPART D: PUBLICIZING PROCUREMENT ACTIONS




Section 1.1510 Illinois Procurement Bulletin 1.1525 Bulletin Content 1.1550 Official State Newspaper 1.1560 Supplemental Notice 1.1570 Error in Notice 1.1580 Direct Solicitation 1.1590 Retention of Bulletin Information

SUBPART E: SOURCE SELECTION AND CONTRACT FORMATION

Section 1.2005 General Provisions 1.2010 Competitive Sealed Bidding 1.2012 Multi-Step Sealed Bidding 1.2015 Competitive Sealed Proposals 1.2020 Small Purchases 1.2025 Sole Economically Feasible Source Procurement 1.2030 Emergency Procurements 1.2035 Competitive Selection Procedures for Professional and Artistic Services 1.2036 Other Methods of Source Selection 1.2037 Tie Bids and Proposals 1.2038 Mistakes 1.2040 Cancellation of Solicitations; Rejection of Bids or Proposals

SUBPART F: SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY

Section 1.2043 Suppliers 1.2044 Vendor List/Required Use 1.2045 Prequalification 1.2046 Responsibility

SUBPART G: BID, PROPOSAL AND PERFORMANCE SECURITY

Section 1.2047 Security Requirements

SUBPART H: SPECIFICATIONS AND SAMPLES




Section 1.2050 Specifications and Samples

SUBPART I: CONTRACT TYPE

Section 1.2055 Types of Contracts

SUBPART J: DURATION OF CONTRACTS

Section 1.2060 Duration of Contracts – General

SUBPART K: CONTRACT MATTERS

Section 1.2560 Prevailing Wage 1.2570 Equal Employment Opportunity; Affirmative Action 1.2575 Subcontractors

SUBPART L: CONTRACT PRICING

Section 1.2800 All Costs Included

SUBPART M: CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES

Section 1.3005 Construction and Construction Related Professional Services

SUBPART N: REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES

Section 1.4005 Real Property Leases and Capital Improvement Leases

SUBPART O: PREFERENCES




Section 1.4505 Procurement Preferences 1.4510 Resident Bidder Preference 1.4530 Correctional Industries 1.4535 Sheltered Workshops for the Disabled 1.4540 Gas Mileage 1.4545 Small Business 1.4570 Contracting with Businesses Owned and Controlled by Minorities, Females and

Persons with Disabilities 1.4575 Domestic Products

SUBPART P: ETHICS

Section 1.5013 Conflicts of Interest 1.5015 Negotiations for Future Employment 1.5020 Exemptions 1.5030 Revolving Door 1.5035 Disclosure of Financial Interests and Potential Conflicts of Interest 1.5037 Vendor Registration, Certification and Prohibition on Political Contributions

SUBPART Q: CONCESSIONS

Section 1.5310 Concessions

SUBPART R: COMPLAINTS, PROTESTS AND REMEDIES

Section 1.5510 Complaints Against Vendors 1.5520 Suspension 1.5530 Resolution of Contract Controversies 1.5540 Violation of Law or Rule 1.5550 Protests

SUBPART S: SUPPLY MANAGEMENT AND DISPOSITIONS

Section 1.6010 Supply Management and Dispositions




SUBPART T: GOVERNMENTAL JOINT PURCHASING

Section 1.6500 General 1.6510 No Agency Relationship 1.6520 Obligations of Participating Governmental Units 1.6530 Centralized Contracts – Estimated Quantities 1.6535 Centralized Contracts – Definite Quantities

SUBPART U: MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY

Section 1.7000 Severability 1.7010 Government Furnished Property 1.7015 Inspections 1.7020 Records and Audits 1.7025 Written Determinations 1.7030 No Waiver of Sovereign Immunity AUTHORITY: The Illinois Procurement Code [30 ILCS 500]. SOURCE: Adopted at 7 Ill. Reg. 100, effective December 17, 1982; amended at 7 Ill. Reg. 13481, effective October 4, 1983; amended at 7 Ill. Reg. 13844, effective October 12, 1983; codified at 8 Ill. Reg. 14941; Sections 1.2210, 1.2220, 1.2230, 1.2240 recodified to Section 1.2210 at 9 Ill. Reg. 6118; amended at 10 Ill. Reg. 923, effective January 2, 1986; amended at 10 Ill. Reg. 18707, effective October 22, 1986; amended at 11 Ill. Reg. 7225, effective April 6, 1987; amended at 11 Ill. Reg. 7595, effective April 14, 1987; amended at 13 Ill. Reg. 17804, effective November 7, 1989; emergency amendment at 16 Ill. Reg. 13118, effective August 7, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 600, effective January 5, 1993; amended at 17 Ill. Reg. 14576, effective August 27, 1993; amended at 20 Ill. Reg. 9015, effective July 1, 1996; old Part repealed by emergency rulemaking at 22 Ill. Reg. 12632, effective July 1, 1998, for a maximum of 150 days, and new Part adopted by emergency rulemaking at 22 Ill. Reg. 12726, effective July 1, 1998, for a maximum of 150 days; old Part repealed and new Part adopted at 22 Ill. Reg. 20875, effective November 25, 1998; emergency amendment at 23 Ill. Reg. 2812, effective February 16, 1999, for a maximum of 150 days; emergency expired on July 15, 1999; emergency amendment at 23 Ill. Reg. 5869, effective April 29, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 7075, effective June 7, 1999; amended at 24 Ill. Reg. 1900, effective January 21, 2000; amended at 26 Ill. Reg. 13189,




effective August 23, 2002; emergency amendment at 29 Ill. Reg. 20540, effective December 2, 2005, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 30 Ill. Reg. 5673, effective March 7, 2006, for the balance of the 150 days; emergency expired August 3, 2006; amended at 30 Ill. Reg. 138, effective December 22, 2005; amended at 30 Ill. Reg. 13378, effective July 25, 2006; amended at 30 Ill. Reg. 17305, effective October 20, 2006; amended at 30 Ill. Reg. 18635, effective November 17, 2006; emergency amendment at 33 Ill. Reg. 3205, effective January 28, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 9607, effective June 25, 2009.

SUBPART P: ETHICS

Section 1.5037 Vendor Registration, Certification and Prohibition on Political Contributions

a) Introduction Illinois law (Public Act 95-971; 10 ILCS 5/9-35; and 30 ILCS 500/20-160 and 50-37) restricts political contributions by vendors and affiliated entities; requires registration with the State Board of Elections (SBEL); requires a copy of the registration certificate stamped by SBEL (Registration Certificate) to be submitted with bids/proposals and contracts; and requires solicitation and contract certifications relative to the requirements of the law. This Section supplements requirements found in the Act and does not excuse compliance with any of those requirements.

b) General Registration Requirements 1) These requirements apply to contracts, bids and proposals that are subject

to the Illinois Procurement Code:

A) Bids/proposals referenced in this Section are those submitted in response to a competitive solicitation that is posted to the Illinois Procurement Bulletin on or after January 1, 2009, regardless of the value assigned to the procurement.

B) Bids and proposals include pending bids and proposals. C) These requirements generally apply to a vendor whose existing

State contracts have an aggregate value in excess of $50,000, or whose aggregate value of bids/proposals for State contracts




exceeds $50,000, or whose aggregate value of State contracts and bids/proposals exceeds $50,000.

D) This value is calculated on a calendar-year basis.

2) On a calendar-year basis, each vendor or potential vendor must keep track of the value of contracts and bids/proposals. Vendors must register with SBEL when the vendor determines that the value of the contracts and bids/proposals meets the threshold for registration.

3) An "executive employee" means:

A) the President, Chairman of the Board, Chief Executive Officer and/or other individuals that fulfill equivalent duties as the President, Chairman of the Board, or Chief Executive Officer; and/or

B) any employee whose compensation is determined directly, in

whole or in part, by the award or payment of contracts by a State agency to the entity employing the employee, irrespective of the employee's title or status in the business entity. For the purposes of this subsection, compensation determined directly by award or payment of contracts means a payment over and above regular salary that would not be made if it were not for the award of the contract.

c) Bids and Proposals

1) A copy of the Registration Certificate must be submitted with bids/proposals.

2) For bids and proposals due January 1, 2009 through February 2, 2009, the

Registration Certificate must be submitted with the bid/proposal or it may be submitted by the earlier of February 2, 2009 or the contract execution.

3) If the Registration Certificate is not timely submitted, the procuring

agency shall reject the bid/proposal.

4) The procuring agency shall not reject a bid/proposal if absence of the




Registration Certificate is the result of delay or error by the State, but shall require the Registration Certificate before making an award.

d) Contracts

A copy of the Registration Certificate must be in the procurement file as set forth in this subsection (d), unless the Vendor certifies it is not required to register. 1) For contract renewals and extensions, if the value of the renewal or

extension by itself, or in combination with the contract being renewed/extended and other contracts and bids/proposals exceeds $50,000, the vendor must provide the Registration Certificate and make the appropriate contract certification, it has not already done so.

2) For indefinite quantity/estimated value contracts, a vendor who is

otherwise not required to register shall register with SBEL when the value of orders placed pursuant to an indefinite/estimated value contract plus all other contracts and bids/proposals exceeds $50,000.

3) For contract amendments, if the value of the amendment, by itself or in

combination with the contract being renewed plus other contracts and bids/proposals exceeds $50,000, the vendor must provide the Registration Certificate and make the appropriate contract certification, if it has not already done so.

4) Any contracts mistakenly executed in violation of this Section must be

amended to include the contract certifications, and the vendor must supply the Registration Certificate. If any violation by the vendor is not cured within 5 business days after receipt of notification of the violation, the contract is voidable by the State without penalty.

5) Contract certification required by Public Act 95-971 shall be included in

or added to each contract that must be filed with the State Comptroller pursuant to Section 20-80 of the Illinois Procurement Code and those written two-party contracts that need not be filed with the Comptroller. Agencies may require written confirmation of the rule-imposed certification at any time.

(Source: Amended at 33 Ill. Reg. 9607, effective June 25, 2009)


DEPARTMENT OF EMPLOYMENT SECURITY

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: General Application 2) Code Citation: 56 Ill. Adm. Code 2712 3) Section Numbers: Adopted Action:

2712.100 Amend 2712.105 Amend 2712.201 Amend 2712.207 Amend

4) Statutory Authority: Implementing and authorized by Sections 802, 1700, 1701 and 1900

of the Unemployment Insurance Act [820 ILCS 405/802, 1700, 1701 and 1900] 5) Effective Date of the Amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain an incorporation by reference? No 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10687 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency amendments currently in effect? No 14) Are there any other amendments pending on this Part? No 15) Summary and purpose of this Rulemaking: These amendments update statutory

references; update the Department's address; update the description of the process for obtaining the UI Handbook, which includes the Digest of Adjudication Precedents;




provide that copies of the Board of Review Reporter will be available on CD-ROM rather than microfilm if so requested by a library; and clarify wording.

16) Information and Questions regarding these adopted amendments shall be directed to: Gregory J. Ramel, Deputy Legal Counsel Illinois Department of Employment Security 33 South State Street – Room 937 Chicago, Illinois 60603 312/793-2333 [email protected] The full text of the Adopted Amendments begin on the next page:




TITLE 56: LABOR AND EMPLOYMENT CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY

SUBCHAPTER a: GENERAL PROVISIONS

PART 2712 GENERAL APPLICATION

SUBPART A: FACSIMILE MACHINES

Section 2712.1 Use Of Facsimile Machines

SUBPART B: DIGESTS AND REPORTERS

Section 2712.100 IDES Board ofOf Review Reporter 2712.105 Digest ofOf Adjudication Precedents

SUBPART C: LEGAL SERVICES PROGRAM

Section 2712.201 Definitions 2712.202 Agreement To Hold the Department Of Employment Security And Its Employees

Harmless 2712.203 Eligibility Requirements For Legal Services For Individuals 2712.205 Eligibility Requirements For Legal Services For Small Employers 2712.207 Attorney Eligibility forFor Reimbursement 2712.210 Maximum Fees Allowed AUTHORITY: Implementing and authorized by Sections 802, 1700, 1701 and 1900 of the Unemployment Insurance Act [820 ILCS 405/802, 1700, 1701, 1900]. SOURCE: Adopted at 10 Ill. Reg. 16679, effective September 23, 1986; amended at 13 Ill. Reg. 795, effective January 4, 1989; amended at 17 Ill. Reg. 3194, effective March 2, 1993; amended at 21 Ill. Reg. 9472, effective July 2, 1997; amended at 33 Ill. Reg. 9617, effective July 1, 2009.

SUBPART B: DIGESTS AND REPORTERS Section 2712.100 IDES Board ofOf Review Reporter




a) The Department of Employment Security (IDES) publishes a compilation of all

Board of Review decisions in a complete reporter as the IDES Board of Review Reporter , hereinafter referred to as "(the Reporter).

b) Microfilm copies of the Reporter and its included cases, or copies on CD-ROM if

so requested by the libraries, shall be available for public review at: 1) The Illinois Document Depository Libraries in: Carbondale;

Champaign/Urbana; Charleston; Chicago; Edwardsville; Normal; Peoria; Rockford; Rock Island; and Springfield.

2) Public Libraries in: Geneva; Galesburg; Joliet; Kankakee; Mt. Vernon;

Ottawa; and Waukegan.

(Source: Amended at 33 Ill. Reg. 9617, effective July 1, 2009) Section 2712.105 Digest ofOf Adjudication Precedents

a) The Department of Employment Security publishes as an abridged reporter a compilation of selected Board of Review decisions, court orders and published appellate court decisions in the Digest of Adjudication Precedents, hereinafter referred to as "(the Digest)". It is available as part of a larger publication known as the UI Handbook.

b) Availability of Handbook

1) Copies of the UI Handbook and its"Digest of Adjudication Precedents" and its semi-annual updates shall be available at a price equal to the Agency's publication cost by writing to:

Illinois Department of Employment Security Office of Legal Counselthe Commissioner 33 South State Street − 9th Floor910 South Michigan Avenue – 15th Floor Chicago, Illinois 6060360605

2) Copies of the UI Handbook shall be available free of charge at the

Department's website, www.ides.state.il.us.




c) Any individual desiring to submit a decision or order for inclusion in the Digest may do so by submitting a copy of such decision or order and his or her rationale for such inclusion to the address provided in subsection (b).

d) To be considered for inclusion in the Digest, a decision must fulfill any one of the

following criteria: 1) The decision resolves an issue not already included in the Digest; 2) The decision modifies, creates an exception to, overrules, reverses,

extends or changes a ruling previously included in the Digest; 3) The decision presents a fact pattern likely to repeat itself in future cases;

or, 4) The decision provides a statement of applicable facts and states a general

principle of law which is readily applicable to the daily work of an Adjudicator, Referee or the Board of Review.

(Source: Amended at 33 Ill. Reg. 9617, effective July 1, 2009)

SUBPART C: LEGAL SERVICES PROGRAM

Section 2712.201 Definitions All other terms used in this Part shall have the meaning set forth in the Unemployment Insurance Act (Ill. Rev. Stat. 1991, ch. 48, par. 300 et seq.) [820 ILCS 405/100 et seq.], hereinafter referred to as the (Act).

"Small employer" is any employing unit, as defined in Section 204 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 314) [820 ILCS 405/204], that which reported wages paid to fewer than 20twenty individuals, whether part time or full time, for each of any two of the four calendar quarters preceding the quarter in which its application for legal assistance is made.

"Tax case" will mean an appeal brought pursuant to 56 Ill. Adm. Code 2725. "Valid claim or defense" is one which, to the best of the provider or attorney's

knowledge, information and belief formed after reasonable inquiry, within the




necessary time constraints, is well grounded in fact and is warranted by existing law, is not interposed for any improper purpose (i.e., for the purpose of harassment or delay) and, if proven by a preponderance of the legally competent evidence of record at a hearing on that issue, would require the proponent of the claim or defense to prevail.


Section 2712.207 Attorney Eligibility forFor Requirements

a) The Director of the Department of Employment Security will contract separately for individuals and small employers with one or more legal service providers who will then be responsible to either hire staff attorneys or for assembling a referral panel of attorneys for providing the legal services pursuant to Section 802 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 472) [820 ILCS 405/802]. Except as provided in subsection (b), the Director shall make no payments for legal services under this Part to anyone other than the legal service providers.

b) If any individual or small employer is denied legal services by a legal service

provider because that individual'sindividual or small employer'semployer has failed to present a valid claim or defense was determined not to be valid and that individual or small employer then hires a private attorney and prevails on thatwho succeeds in having the determination, decision, ruling or order which the legal services provider found not to be a valid claim or defense reversed, the individual or small employer shall be entitled to reimbursement for the services of the private attorney in an amount not to exceed the maximum fee set forth in Section 2712.210.

c) All attorneys participating in this program, whether as staff attorneys or referral

panelists for a legal services provider or a private attorney must be licensed by the State of Illinois and must carry or must be insured for at least $100,000 in malpractice insurance.

d) Any legal service provider under this Section must agree to maintain a toll-free

number so that claimants and small employers can consult a plan attorney to determine their possible eligibility for the program.





1) Heading of the Part: Claims, Adjudication, Appeals and Hearings 2) Code Citation: 56 Ill. Adm. Code 2720 3) Section Numbers: Adopted Action:

2720.100 Amend 2720.107 Amend 2720.112 Amend 2720.115 Amend 2720.207 New 2720.210 Amend 2720.310 Amend 2720.315 Amend

4) Statutory Authority: Implementing and authorized by Sections 239, 409, 500, 604, 700,

701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304 of the Unemployment Insurance Act [820 ILCS 405/239, 409, 500, 604, 700, 701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304]

5) Effective Date of the Amendments: August 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain an incorporation by reference? No 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10693 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency amendments currently in effect? No




14) Are there any other amendments pending on this Part? No 15) Summary and purpose of the Rulemaking: This rulemaking eliminates the provision that

the agency issue ID cards to claimants, as well as the general requirement that individuals who initially file for benefits in person do so at the local office serving the geographic area in which they reside. At the same time, the rules will be generally updated to reflect the ability to file a new claim via the Internet.

The Department eliminates the "Low Earnings Report." A low earnings report is a form obtained from a partially unemployed claimant's employer and is only one of various means of demonstrating the claimant's employment with, and earnings from, that employer.

Since the majority of claimants now certify to their bi-weekly eligibility through the "teleserve" system, the Department no longer maintains copies of every claimant's search for work. The Department is, therefore, amending its rules to make clear that the Department no longer maintains those records. The Department sets forth the circumstances under which it will request the claimant to produce a record of his or her work search.

A new rule allows an appeal to the referee, which appears to be untimely on its face, to be dismissed on the basis of untimeliness without a hearing. A party whose appeal was dismissed as untimely under the new language will be automatically entitled to a hearing on the timeliness issue if he or she appealed the dismissal to the Board of Review.

One Section is updated to reflect the Department's current mailing address.

The Department deletes the now obsolete language that specifies LEP individuals are to provide interpreters at IDES proceedings at their own expense.

The Department revises its rules regarding proceedings before the Board of Review to shorten the time frames for submission of briefs, responses and replies; requests for oral argument or transcripts or to inspect or receive copies of the record; requests to submit additional evidence, and responses and replies with regard to requests to submit additional evidence.

16) Information and Questions regarding these adopted amendments shall be directed to:




Gregory J. Ramel, Deputy Legal Counsel Illinois Department of Employment Security 33 South State Street – Room 937 Chicago, Illinois 60603 312/793-2333 [email protected] The full text of the Adopted Amendments begins on the next page:






PART 2720 CLAIMS, ADJUDICATION, APPEALS AND HEARINGS

SUBPART A: GENERAL PROVISIONS

Section 2720.1 Definitions 2720.3 "Week" In Relation To "Benefit Year" 2720.5 Service Of Notices, Decisions, Orders 2720.7 Application For Electronic Data Transmission 2720.10 Computation Of Time 2720.15 Disqualification Of Adjudicator, Referee, Or Board Of Review 2720.20 Attorney Representation Of Claimants 2720.25 Form Of Papers Filed 2720.30 Correction Of Technical Errors

SUBPART B: APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS

Section 2720.100 Filing aA Claim 2720.101 Filing, Registering And Reporting By Mail Under Special Circumstances 2720.105 Time For Filing An Initial Claim For Benefits 2720.106 Dating Of Claims For Weeks Of Partial Unemployment 2720.107 Employing Unit Reports forFor Partial Unemployment 2720.108 Alternative "Base Period" 2720.110 Required Second Visit To Local Office (Repealed) 2720.112 Telephone Certification 2720.115 Continuing Eligibility Requirements 2720.120 Time For Filing Claim Certification For Continued Benefits 2720.125 Work Search Requirements For Regular Unemployment Insurance Benefits

(Repealed) 2720.126 Availability For Part Time Work Only (Repealed) 2720.127 Director's Approval Of Training (Repealed) 2720.128 Active Search For Work: Attendance At Training Courses (Repealed) 2720.129 Regular Attendance In Approved Training (Repealed)




2720.130 Employing Unit Protest Of Benefit Payment 2720.132 Required Notice By An Employer Of Separation For Alleged Felony Or Theft

Connected With The Work 2720.135 Adjudicator Investigation 2720.140 Adjudicator Determination 2720.145 Payment Of Unemployment Insurance Benefits For Initial Claims 2720.150 Applying For Unemployment Insurance Benefits Under Extension Programs 2720.155 Non-Resident Application For Benefits 2720.160 Reconsidered Findings Or DeterminationDeterminations

SUBPART C: APPEALS TO REFEREE

Section 2720.200 Filing Of Appeal 2720.201 Application For Electronic Data Transmission Of Notice Of Hearing 2720.205 Notice Of Hearing 2720.207 Untimely Appeals 2720.210 Preparation for theFor The Hearing 2720.215 Format Of Hearings 2720.220 Ex Parte (One Party Only) Communications 2720.225 Subpoenas 2720.227 Depositions 2720.230 Consolidation Or Severance Of Proceedings 2720.235 Withdrawal Of Appeal 2720.240 Continuances 2720.245 Conduct Of Hearing 2720.250 Rules Of Evidence 2720.255 Failure Of Party To Appear At The Scheduled Hearing 2720.265 The Record 2720.270 Referee's Decision 2720.275 Labor Dispute Appeals 2720.277 Prehearing Conference In Labor Dispute Appeal

SUBPART D: APPEALS TO THE BOARD OF REVIEW

Section 2720.300 Filing Of Appeal 2720.305 Notice Of Appeal 2720.310 Request forFor Oral Argument




2720.315 Submission of Written Argument orOr Request to Submit Additional Evidence 2720.320 Access To Record 2720.325 Withdrawal Of Appeal 2720.330 Consolidation Or Severance Of Appeals 2720.335 Decision Of The Board Of Review 2720.340 Extensions Of Time In Which To Issue A Board Of Review Decision 2720.345 Issuance Of Notice Of Right To Sue AUTHORITY: Implementing and authorized by Sections 239, 409, 500, 604, 700, 701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304 of the Unemployment Insurance Act [820 ILCS 405/239, 409, 500, 604, 700, 701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304]. SOURCE: Adopted at 8 Ill. Reg. 24957, effective January 1, 1985; amended at 10 Ill. Reg. 12620, effective July 7, 1986; amended at 11 Ill. Reg. 14338, effective August 20, 1987; amended at 11 Ill. Reg. 18671, effective October 29, 1987; amended at 12 Ill. Reg. 14660, effective September 6, 1988; emergency amendments at 13 Ill. Reg. 11890, effective July 1, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 18263, effective November 9, 1989; amended at 14 Ill. Reg. 15334, effective September 10, 1990; amended at 14 Ill. Reg. 18489, effective November 5, 1990; amended at 16 Ill. Reg. 2556, effective January 30, 1992; emergency amendment at 16 Ill. Reg. 7506, effective April 22, 1992, for a maximum of 150 days; emergency expired September 19, 1992; amended at 17 Ill. Reg. 17937, effective October 4, 1993; amended at 18 Ill. Reg. 16340, effective October 24, 1994; amended at 21 Ill. Reg. 9441, effective July 7, 1997; amended at 21 Ill. Reg. 12129, effective August 20, 1997; emergency amendment at 27 Ill. Reg. 4217, effective February 15, 2003, for a maximum of 150 days; emergency expired July 15, 2003; amended at 29 Ill. Reg. 1909, effective January 24, 2005; amended at 33 Ill. Reg. 9623, effective August 1, 2009.

SUBPART B: APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS Section 2720.100 Filing aA Claim

a) Each employer shall deliver the form "What Every Worker Should Know About Unemployment Insurance" to each worker separated from his employment for an expected duration of 7 or more days. The form shall be delivered to the worker at the time of separation or, if delivery is impracticable, it shall be mailed, within 5 days after the date of the separation, to the worker's last known address. The forms shall be supplied by the Agency to each employer without cost. Every




employer subject to the provisions of the Unemployment Insurance Act (including every employing unit which has elected, with the approval of the Director, to become an employer subject to the Act) shall post and maintain such notices as may be furnished by the Director. Such printed notices shall be posted in conspicuous places in all of the establishments of the employer, and shall be easily accessible for examination by the worker. The Director will, upon request, supply a sufficient number of duplicate notices to ensure that such notices are accessible to all workers.

b) Unless a claimant is otherwise instructed by the Agency and except as otherwise

provided in subsection (e), an initial claim for unemployment insurance benefits maymust be filed in person at anythe local office or on the internet at the Agency's website, www.ides.state.il.usserving the geographical area in which the claimant resides. Subject to Section 2720.25, when filing a claim in person, the claimant shall provide the following to the local office: 1) A valid Social Security card or other evidence of his or her Social Security

number, such as a W-2 form; 2) Any other form of positive identification such as a driver's license, state

photo ID card or payroll check stub; 3) For each employing unit for whom the claimant worked during the past

two years: A) The employing unit's name and address; B) Dates of service; and C) Reasons for the claimant's separation:.

i) If thesuch employing unit is the federal government,

Standard Form 8 and Personnel Action Form 50, or any other documents, such as a Form W-2 or check stub, thatwhich show that he or she has worked for the federal government.

ii) If thesuch employing unit is the military, Separation Form

DD-214;.




4) Names and birthdates of each dependent child; 5) Social Security Account number, if any, of the claimant's spouse, and

information about the spouse's employment during the last two years if the claimant is claiming the spouse as a dependent;

6) Information about other income, such as Social Security benefits,

pensions, workers' compensation, severance, vacation or bonus pay or other Unemployment Insurance benefits, thatwhich the claimant has received or will receive after the termination of his or her employment.

c) The Agency will accept and process any claim filed. When the claimant files his

or her claim, the claimantlocal office will be informed of:1)Tell the claimant the requirements for receiving unemployment insurance benefits, including the requirement that the claimant be able to work, available for work and actively seeking work;2)Give the claimant an identification card which must be presented every time he comes to the Agency.

d) Within a reasonable time thereafter (customarily within 7 days), the local office

will provide the claimant will be provided with a Finding showing whether he or she has monetary eligibility and, if so, the amount of benefits.

e) The Department shall require a claimant to file in person at a local office if there

is a significant discrepancy between information that the claimant provides while attempting to file a claim via the internet and information contained in Department records or such other government records as the Department may utilize.

EXAMPLE: An individual named Smith attempts to file an unemployment insurance claim via the internet and, as part of the internet claims process, enters his Social Security number. However, Department records indicate a previous claim was filed by someone other than Smith, using the same Social Security number that Smith has provided. Smith will have to file his claim in person in a local office to clear up the discrepancy.

(Source: Amended at 33 Ill. Reg. 9623, effective August 1, 2009) Section 2720.107 Employing Unit Reports forFor Partial Unemployment




a) Valid evidence as used in this Section and Section 2720.106 means the form titled

"Low Earnings Report" or a pay stub, pay envelope or voucher for the week, showing: 1) The worker's name; 2) His or her Social Security account number; 3) The ending date of the calendar week; 4) The wages earned by the worker during the week; 5) The employing unit's name; 6) A statement that the earnings were for a week of less than full time work,

due to lack of work; 7) The signature (actual or facsimile) of a person authorized by the

employing unit to sign such forms, or other positive identification of the authority supplying the valid evidence; and,

8) The date on which the valid evidence was issued.

b) Requirement to furnish worker with valid evidence:

1) Not later than the payday for the period covered by the valid evidence, if

so requested by the worker, the employing unit shall deliver the valid evidencecompleted form titled, "Low Earnings Report," to a worker for each calendar week during which the worker worked less than full time because of lack of work and earned less than his or her weekly benefit amount as shown on the back of the form "Low Earnings Report.".

2) The employing unit shall deliver to the requesting claimant the "Low

Earnings Report," or other valid evidence, attached to the blank "Low Earnings Report," whether or not the employing unit has received a Notice of Claim.

c) If the employing unit fails to provide the requested information to the individual,




an employing unit shall respond to the Agency's request for valid evidenceform, "Request for Low Earnings Report," for the individual specified in the request, by showing the individual's earnings and whether the individual worked less than full time because of lack of work and earned less than his or her weekly benefit amount in each calendar week covered by the requestreport. The response report shall be mailed to the address specified in the request, within five (5) business days after receipt of the request. Failure of an employing unit to provide valid evidence when requested will result in the payment of benefits based on the individual's explanation of his or her earnings for the weeks in question.

(Source: Amended at 33 Ill. Reg. 9623, effective August 1, 2009)

Section 2720.112 Telephone Certification

a) Except as provided in subsection (c), effective for weeks beginning June 28, 1998, or thereafter, each claimant shall be a telephone filer. Except as provided in subsection (c), selected claimants shall become telephone filers, effective for weeks beginning on or after:

1) August 31, 1997, if the claimant is participating in the TCS Field Test

Program being administered by Local Office 10 (on East 71st Street in Chicago) and Local Office 30 (in Moline);

2) September 28, 1997, if the claimant is filing an initial claim, or is filing

after a break in the claim series, or requests to use TCS, and would otherwise submit a certification form to Local Office 10 (on East 71st Street in Chicago) or Local Office 30 (in Moline);

3) November 2, 1997, if the claimant is filing an initial claim, or is filing

after a break in the claim series, or requests to use TCS.

b) On his "Certification Day," a telephone filer shall call a designated telephone number and enter his PIN as directed and respond to the questions concerning his or her claim for the prior two weeks. If a telephone filer misses his or her regular certification day, he may call on Thursday or Friday of that week, or on his certification day or Thursday or Friday of the next week.

c) A mail filer will be sent a copy of the questions concerning his or her claim for

the prior two weeks and shall respond in accordance with the provisions of




Section 2720.115(a); provided, a claimant cannot file by mail unless he or she requests to do so and furnishes such information as the Claims Adjudicator may require to determine: 1) He or she speaks neither English nor Spanish;, or 2) He or she is hearing impaired;, or 3) He or she has no reasonable access to a touch-tone telephone. In

determining whether a claimant has reasonable access to a touch-tone telephone, consideration shall be given, but not necessarily limited to, the following factors: the claimant's known physical or mental limitations, the claimant's concerns for his or her safety, and the overall level of effort required to access a touch-tone telephone; an occasional inconvenience or mere preference does not mean a claimant has no reasonable access to a touch-tone telephone. A) EXAMPLEExample: A telephone filer, who has no telephone in

his apartment, but has used touch-tone telephones in the lobby of his building and elsewhere in his neighborhood to certify, requests to become a mail filer. His reason is that sometimes he must wait a few minutes for someone to get off the telephone, so he would prefer to be a mail filer. An occasional inconvenience or mere preference does not mean he has no reasonable access to a touch-tone telephone. He cannot be a mail filer.

B) EXAMPLEExample: An individual who has been a telephone

filer fails to certify and more than two weeks have passed since his certification day. This raises a late reporting issue for the weeks under review, to be resolved by applying the provisions of Section 2720.120(b). Irrespective of how that issue is resolved, if it is found that the claimant no longer has reasonable access to a touch-tone telephone, then, for future weeks, the claimant may certify by mail.

d) A mail filer may become a telephone filer upon his or her request. e) A date shown (or absence of a date) on the "Certification Detail Screen" shall be

rebuttable evidence that a telephone filer certified (or failed to certify) on that




date. If a telephone filer attempts to certify more than two weeks after his or her certification day, this will result in a delay in the processing of benefit payments and raise a late reporting issue, to be resolved by the application of Section 2720.120(b).

f) A claimant certifying for benefits under this Section, whether he is a telephone

filer or mail filer, shall maintain a work search record for each week he is claiming benefits. 1)The work search record shall include the names and addresses of the employing units contacted, as well as the names of specific persons contacted, if possible; the dates and methods of the contacts; the type of work sought; and the results of the contacts. 2)The claimant shall provide his work search record to the Agency upon the Agency's written request. 3)A claimant's failure to provide his work search record as requested may result in a determination or decision being issued that the claimant did not conduct an active work search. g)Even if the claimant has been denied benefits, he must continue to certify and maintain his work search record, and meet other eligibility requirements of the Act, for each week for which he expects payment upon reversal of that denial. h)All provisions of this or any other Part, which are not inconsistent with the provisions of this Section, shall remain in effect.


Section 2720.115 Continuing Eligibility Requirements

a) After the claimant has filed his or her initial claim, the claimant must certify as to his or her continuing eligibility. Even if the claimant has been denied benefits, he or she must continue to certify and maintain his or her work search record, and meet other eligibility requirements of the Act, for each week for which he or she expects payment upon reversal of that denial. The claimant shall certify as a telephone filer pursuant to Section 2720.112 unless he or she qualifies as a mail filer pursuant to Section 2720.112(c). If the claimant is a mail filer, the Agency will mail him or her a form called "Claim Certification" (BIS-653) every two weeks or will send him or her a Notice explaining why thesuch Claim Certification was not sent, but only if this is the claimant's first certification following the filing of his or her initial claim or if the claimant had certified for the prior two week period. The claimant must complete the Claim Certification and file it at the local office, either by mail or in person, on the "Date To Mail" indicated on the form (see Section 2720.120). 1)If the claimant is a mail filer and does not receive a Claim Certification within 20 days after filing his or her initial




claim or after he or she received his or her last Claim Certification, he or she must notify the local office and obtain a Claim Certification. 2) Even if the claimant has been denied benefits, he must complete and file

the Claim Certification every two weeks and meet the eligibility requirements of the Act for each week for which he expects payment upon reversal of that denial.

b) If at any time the Agency has reason to investigate the claimant's continuing

eligibility, the Agency will so inform the claimant in writing. The claimant must co-operate with the investigation by appearing at the time and place instructed by the Agency on the "Notice of Claims Adjudicator's Interview," with all information he has regarding any question which has been raised. Failure to co-operate will result in a Finding, Determination or Decision being issued without further information from the claimant.

c) A claimant certifying for benefits under this Section as a telephone filer or mail

filer shall maintain a work search record for each week he or she is claiming benefits.An employing unit or claimant, or the attorney or agent of the employing unit or the claimant, may review the claimant's work search on the Claim Certification forms in the local office where it shall be made available upon reasonable notice.

1) The work search record shall include the names and addresses of the

employing units contacted, as well as the names of specific persons contacted, if possible; the dates and methods of the contacts; the type of work sought, including wages and hours requested or desired; and the results of the contacts.

2) The claimant shall provide his or her work search record to the Agency

upon the Agency's written request. The Agency shall only request the claimant's work search record with regard to a week in which: an employing unit makes a sufficient protest regarding the claimant's work search for the week and requests the opportunity to review the claimant's work search record for that week; an employing unit requests to review the record for a week, on the condition that the request is made during that week; or the Agency otherwise has information that would provide the basis for a review of the work search. When the claimant provides a work search record, an employing unit, or the attorney or agent of the




employing unit or the claimant, may review the record pursuant to subsection (e). When an employing unit requests to review the record for a week, the Agency shall not request the claimant to provide his or her work search record if the primary purpose of the employing unit's request is to harass the claimant.

3) A claimant's failure to provide his or her work search record as requested

may result in a determination or decision being issued that the claimant did not conduct an active work search.

d) Where an employing unit makes a timely and sufficient protest regarding work

search pursuant to Section 2720.130, and benefits are allowed, a copy of the claims adjudicator's investigationboth sides of the Claim Certification form for the period involved will be sent to the protesting employing unit along with the Adjudicator's Determination regarding the adequacy of the work search. (customarilyCustomarily within 20 days afterof receipt of the protest).

e) If thesuch employing unit or claimant, or the attorney or agent of the employing

unit or the claimant, wishes to review or obtain copies of other documents in the file for the purpose of pursuing their rights under the Act, he or she may do so in the local office, where it shall be made available upon reasonable noticeaccordance with subsection (c) of this Section. To review or obtain a copy of a hearing transcript, see Section 2720.320 of this Part.


SUBPART C: APPEALS TO REFEREE

Section 2720.207 Untimely Appeals

a) Whenever it shall appear to the Referee that the appeal was not filed in a timely manner as provided in the Act and no issue relating to timeliness is raised in the letter of appeal, the Referee shall issue his or her decision dismissing the appeal without holding a hearing on the matter. The Referee shall expedite the processing of cases to which this subsection applies.

b) If a timely appeal is filed with the Board of Review of a decision issued pursuant

to subsection (a), the Board of Review shall immediately remand the matter to the Referee for a hearing on the question of the timeliness of the appeal.




(Source: Added at 33 Ill. Reg. 9623, effective August 1, 2009)

Section 2720.210 Preparation for theFor The Hearing

a) Each party shall appear at the hearing before the Referee with witnesses or documents it believes to be necessary to establish or refute allegations set forth in the appeal.

b) The Agency shall provide to aA party requiring a foreign language interpreter

must provide, at the Agency'sits expense, an interpreter able and willing to translate verbatim from the witness's language into English and vice versa. The Referee will administer an interpreter's oath to any interpreter.

c) Upon timely request to the Referee assigned to the case, or his supervisor prior to

the beginning of an in-person hearing, a party may inspect the file during the Agency's regular business hours at the office of the Referee assigned to the case. The date and name of any person inspecting the file will be placed on the file's folder. In the case of a telephone hearing, a file may be inspected at the local office where the claim was filed or at the Agency's main office at 33401 S. State, Chicago, IL, if thesuch request is made at least two working days prior to the hearing; where the request is timely made, the Department shall provide the party making the request with an opportunity to inspect the file at least 24 hours prior to the hearing.


SUBPART D: APPEALS TO THE BOARD OF REVIEW

Section 2720.310 Request forFor Oral Argument The Board of Review shall decide a case on the record as defined in Section 2720.265 of this Part without oral argument or shall grant oral argument where it is necessary or appropriate for a full and fair disposition of the appeal, as follows:

a) Upon filing an appeal to the Board of Review, or, if the requesting party is the appellee, within 710 days after mailing of the Notice of Appeal, a party may request in writing that the Board hear oral argument. The requesting party must certify in writing that he or she has served a copy of his or her request for oral




argument to all other parties. b) Thereafter, the Board will promptly grant or deny the request (customarily within

30 days afterof the request). If the request is denied, the Board will issue its decision based on the record. Its decision will also contain the reasons for the denial of the request. If the request is granted, the Board will inform the parties in writing and will order such hearing as is necessary for a full and fair disposition of the appeal.

c) Request for Oral Argument by an appellee must contain the Board of Review

Docket Number assigned to the matter, as set forth in the Notice of Appeal. (Source: Amended at 33 Ill. Reg. 9623, effective August 1, 2009)

Section 2720.315 Submission of Written Argument orOr Request to Submit Additional Evidence

a) Except as provided for in subsection (a)(1) below, the Board of Review will consider written argument submitted to the Board within 1530 days after the appeal has been filed, or, if the written argument is submitted by the appellee, within 720 days after the date of mailing of the Notice of Appeal. The Board of Review shall make the entire file of the proceedings in question available to the parties to prepare such written argument as they wish to file. 1) In the event that a transcript or copy of the file is sought by the appellant,

the request for a transcript or a copy of the file must be made within 1530 days after the appeal is filed, or, if the request is made by the appellee, within 720 days after the mailing of the Notice of Appeal. In the event only a transcript is initially sought and obtained, a later request for a copy of the file must be made within 7 days after the date the transcript is mailed or made available for inspection. Any written argument shall be filed with the Board no later than 1020 days after the date of notification that thesuch transcript or file is mailed or made available for inspection, whichever is later. The submitting party shall certify that it served a copy of the written argument on the opposing party.

2) If the opposing party wishes to file a response, it must file with the Board

and serve on the submitting party any response within 715 days after the submitting party's written arguments were mailed to the opposing party.




3) If the submitting party wishes to file a reply, it must file with the Board

and serve on the opposing party any reply within 57 days after the opposing party's response was mailed to the submitting party.

b) The Board of Review will consider requests to submit additional evidence if

thesuch requests are submitted by the appellant within 1520 days after the date an appeal is filed or by the appellee within 720 days after the date of mailing of the Notice of Appeal. In the event a transcript or copy of the file is sought, thesuch request to submit additional evidence shall be filed no later than 1020 days after the date theof notification that such transcript or copy of the file is mailed or made available for inspection, whichever is later. The requesting party shall certify that it served a copy of its request on the opposing party. 1) A request to submit additional evidence must include:

A) A summary of the evidence to be introduced; and B) An explanation showing that the requesting party, for reasons not

its fault and outside its control, was unable to introduce the evidence at the hearing before the Referee.

2) If the party thatwho filed a request to submit additional evidence, or its

witness, failed to appear at a scheduled hearing, the party must show that either it did not receive timely notice of the hearing, that its failure to appear at the hearing was due to circumstances beyond its control or that it requested a continuance before the conclusion of the hearing, which was denied.

3) The opposing party may file with the Board and serve on the requesting

party any written response within 715 days after the request to submit additional evidence was mailed to the opposing party.

4) The requesting party may file with the Board and serve on the opposing

party any written reply within 57 days after the opposing party's response was mailed to the requesting party.

5) The Board of Review shall grant or deny the requests in writing with a

finding of facts and reasons for the grant or denial. In the event a request




to submit additional evidence is granted, the Order granting the request shall specify the time, place and manner in which the evidence is to be submitted.

c) At the request of theany party and for good cause shown, the Board will grant a

reasonable extension of time within which to submit a written argument or request to submit additional evidence. No extension shall be for less than 7 days nor more than 30 days.

d) All notices, written arguments, requests to submit additional evidence, responses

and replies must contain the Board of Review Docket number assigned to the matter, as set forth in the Notice of Appeal (see Section 2720.25).





1) Heading of the Part: Administrative Hearings and Appeals 2) Code Citation: 56 Ill. Adm. Code 2725 3) Section Numbers: Adopted Action:

2725.11 New 2725.215 Amend

4) Statutory Authority: Implementing and authorized by Sections 701, 702, 703, 1501,

1501.1, 1502, 1502.1, 1508, 1508.1, 1509, 1510, 1700, 1701, 2200, 2201, 2203, 2300, 2301, 2304 and 2305 of the Unemployment Insurance Act [820 ILCS 405/701, 702, 703, 1501, 1501.1, 1502, 1502.1, 1508, 1508.1, 1509, 1510, 1700, 1701, 2200, 2201, 2203, 2300, 2301, 2304 and 2305]

5) Effective Date of the Amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain an incorporation by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office, and is available for public inspection. 9) Notice of Proposal published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10711 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: Section 2725.11 was amended to read

"IRS Notice 2004-83 (modifying Notice 2002-62), effective January 1, 2005, provides the list of designated delivery services and is subject to further revision by the IRS. Should there be additional or superseding IRS notices, procedures or other documents that are promulgated in the future, this Section will be amended accordingly. Until such time as this Section is amended, only those recognized designated delivery services in IRS Notice 2004-83 (modifying Notice 2002-62), effective January 1, 2005, shall be acceptable.".

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes




13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any other amendments pending on this Part? No 15) Summary and Purpose of the Amendments: These amendments allow certain designated

delivery services to be considered the same as the U.S. Postal Service. Previously, a document delivered by a private messenger was considered filed on the date of receipt by the Department, while a document delivered by the Postal Service was considered filed as of the postmark date. Only those private delivery services meeting the criteria established by the Internal Revenue Service will be regarded as the equivalent of the Postal Service.

16) Information and questions regarding these adopted amendments shall be directed to:

Gregory J. Ramel, Deputy Legal Counsel Illinois Department of Employment Security 33 South State Street – Room 937 Chicago, Illinois 60603 312/793-2333 [email protected]

The full text of the Adopted Amendments begin on the next page:






PART 2725 ADMINISTRATIVE HEARINGS AND APPEALS


Section 2725.1 Definitions 2725.3 Burden Of Proof 2725.5 Designation Of Agents 2725.10 Computation Of Time 2725.11 Use of Private Messenger Services 2725.15 Disqualification Of Agency Employee 2725.20 Request For Clarification 2725.25 Form Of Papers Filed

SUBPART B: FILING OF APPLICATIONS AND CLAIMS FOR RELIEF

Section 2725.100 Application For Revision Of Statement Of Benefit Charges 2725.105 Application For Review Of Rate Determination 2725.110 Protest Of Determination And Assessment 2725.115 Claim For Adjustments (Credits) And Refunds 2725.120 Application For Cancellation Of Benefit Charges Due To Lack Of Notice

SUBPART C: APPEAL TO DIRECTOR'S REPRESENTATIVE

Section 2725.200 Filing Of Appeal 2725.205 Pre-Hearing Conference 2725.210 Notice Of Hearing 2725.215 Preparation for theFor The Hearing 2725.220 Telephone Hearings 2725.225 Ex Parte (One Party Only) Communications 2725.230 Subpoenas 2725.232 Depositions




2725.235 Consolidation Or Severance Of Proceedings 2725.237 Adding Necessary Parties 2725.240 Withdrawal Of Petition For Hearing 2725.245 Continuances 2725.250 Conduct Of Hearing 2725.255 Rules Of Evidence 2725.260 Oral Argument-Memoranda-Post Hearing Documents 2725.265 The Record 2725.270 Recommended Decision 2725.275 Objections To Recommended Decision 2725.280 Decision Of Director AUTHORITY: Implementing and authorized by Sections 701, 702, 703, 706, 1501, 1501.1, 1502, 1502.1, 1508, 1508.1, 1509, 1510, 1700, 1701, 2200, 2201, 2203, 2300, 2301, 2302, 2304 and 2305 of the Unemployment Insurance Act [820 ILCS 405/701, 702, 703, 706, 1501, 1501.1, 1502, 1502.1, 1508, 1508.1, 1509, 1510, 1700, 1701, 2200, 2201, 2203, 2300, 2301, 2302, 2304, and 2305]. SOURCE: Adopted at 11 Ill. Reg. 11065, effective July 1, 1987; amended at 12 Ill. Reg. 14653, effective September 6, 1988; amended at 12 Ill. Reg. 16060, effective September 23, 1988; emergency amendments at 13 Ill. Reg. 11872, effective July 1, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 17383, effective October 30, 1989; amended at 14 Ill. Reg. 5126, effective March 22, 1990; amended at 16 Ill. Reg. 113, effective December 23, 1991; amended at 16 Ill. Reg. 2122, effective January 27, 1992; emergency amendment at 16 Ill. Reg. 7502, effective April 22, 1992, for a maximum of 150 days; emergency expired on September 19, 1992; amended at 20 Ill. Reg. 6378, effective April 29, 1996; amended at 33 Ill. Reg. 9641, effective July 1, 2009.

SUBPART A: GENERAL PROVISIONS Section 2725.11 Use of Private Messenger Services

For purposes of Section 2725.10, any date recorded or marked by a designated delivery service, recognized as such by the Internal Revenue Service (IRS) pursuant to 26 USC 7502(f), shall be treated as the postmark placed on an envelope by the United States Postal Service. IRS Notice 2004-83 (modifying Notice 2002-62), effective January 1, 2005, provides the list of designated delivery services and is subject to further revision by the IRS. Should there be additional or superseding IRS notices, procedures or other documents that are promulgated in the future, this Section will be amended accordingly. Until such time as this Section is amended, only those




recognized designated delivery services in IRS Notice 2004-83 (modifying Notice 2002-62), effective January 1, 2005, shall be acceptable.

EXAMPLE: The employer is required to file its quarterly wage report for the first quarter of 2009 by April 30, 2009. On April 30, 2009, ABC Messenger Service records that it has received the wage report from the employer for delivery to the Agency. On May 1, 2009, ABC Messenger Service delivers the wage report to the Agency. A penalty will be assessed against this employer unless the IRS officially recognizes ABC Messenger Service as a designated delivery service at the time.

(Source: Added at 33 Ill. Reg. 9641, effective July 1, 2009)

SUBPART C: APPEAL TO DIRECTOR'S REPRESENTATIVE

Section 2725.215 Preparation for theFor The Hearing

a) Each party shall appear at the hearing before the Director's Representative with such witnesses and/or documents believed necessary to establish a right to relief as set forth in the Petition.

b) The Agency shall provide to a party requiring a foreign language interpreter, at

the Agency's expenseEach party requiring an interpreter for itself or its witnesses must provide, at not expense to the Agency, an interpreter able to translate verbatim from the witnesses' language to English and vice versa. The Director's Representative will administer an interpreter's oath to any interpreter.

c) Upon request to the Director's Representative assigned to hear the case, a party

may inspect the file at a reasonable time and place. The date and name of any person inspecting the file shall be placed on the file jacket.





1) Heading of the Part: Employment 2) Code Citation: 56 Ill. Adm. Code 2732 3) Section Number: Adopted Action:

2732.306 Amend 4) Statutory Authority: Implementing and authorized by Sections 205, 206, 206.1, 211.5,

212, 212.1, 215, 217, 218, 225, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/205, 206, 206.1, 211.5, 212, 212.1, 215, 217, 218, 225, 1700 and 1701]

5) Effective Date of the Amendment: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain an incorporation by reference? No 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10716 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency rulemakings currently in effect? No 14) Are there any other amendments pending on this Part? No 15) Summary and purpose of the Rulemaking: This rulemaking updates an agency mailing

address. 16) Information and Questions regarding this adopted amendment shall be directed to: Gregory J. Ramel, Deputy Legal Counsel




Illinois Department of Employment Security 33 South State Street – Room 937 Chicago, Illinois 60603 312/793-2333 [email protected] The full text of the Adopted Amendment begins on the next page:





SUBCHAPTER c: RIGHTS AND DUTIES OF EMPLOYERS

PART 2732 EMPLOYMENT

SUBPART A: COVERAGE

Section 2732.125 Requirement That "Four Or More" Employees Of A Nonprofit Organization

Perform Services Within This State

SUBPART B: SERVICES IN EMPLOYMENT

Section 2732.200 Section 212 Of The Act – Services In Employment 2732.203 The Effect Of Regulation By A Governmental Entity On "Direction Or Control"

Under Section 212 Of The Act 2732.205 Owner-Operators Of Motorized Vehicles 2732.210 Mandatory Jury Service 2732.215 Exemption From The Definition Of Employment For Participants In the

Americorps Program 2732.220 Exemption From The Definition Of Employment For Direct Sellers Of Consumer

Goods 2732.225 Exemption From The Definition Of Employment For Freelance Editorial Or

Photographic Work 2732.227 Exemption For The Delivery Or Distribution Of Newspapers Or Shopping News

To The Ultimate Consumer 2732.230 Domestic Service 2732.235 Effect Of Section 218 Of The Act On The Employment Status Of Certain

Relatives

SUBPART C: DETERMINING THE EMPLOYER

Section 2732.305 Employee Leasing Companies (Repealed) 2732.306 Employee Leasing Company – Obligation toTo Report theThe Identities ofOf Its

Clients




AUTHORITY: Implementing and authorized by Sections 205, 206, 206.1, 211.5, 212, 212.1, 215, 217, 218, 225, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/205, 206, 206.1, 211.5, 212, 212.1, 215, 217, 218, 225, 1700 and 1701]. SOURCE: Adopted at 13 Ill. Reg. 8864, effective May 30, 1989; amended at 14 Ill. Reg. 673, effective January 2, 1990; amended at 15 Ill. Reg. 11423, effective July 30, 1991; amended at 16 Ill. Reg. 8173, effective May 18, 1992; amended at 16 Ill. Reg. 12159, effective July 20, 1992; amended at 17 Ill. Reg. 8809, effective June 2, 1993; amended at 17 Ill. Reg. 17947, effective October 4, 1993; amended at 18 Ill. Reg. 16355, effective October 24, 1994; amended at 21 Ill. Reg. 9456, effective July 2, 1997; emergency amendment at 24 Ill. Reg. 14788, effective September 22, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 2003, effective January 18, 2001; amended at 33 Ill. Reg. 9646, effective July 1, 2009.

SUBPART C: DETERMINING THE EMPLOYER Section 2732.306 Employee Leasing Company − Obligation toTo Report theThe Identities ofOf Its Clients

a) A report submitted to the Department in the manner provided for in subsection (e), with the contents required by subsection (b), will satisfy the reporting requirement in paragraph 4 of subsection B of Section 206.1(B)(4) of the Act for each calendar quarter ending on or after the date of the report's submission. The report will also satisfy the reporting requirements for the calendar quarter ending immediately prior to its submission where the employee leasing company's contract with the client took effect in that quarter and either: 1) the report is submitted within 30 days after the effective date of the

contract; or 2) the last day of the quarter is a day on which the Department is closed and

the report is submitted on the first succeeding day on which the Department is open.

EXAMPLEExample: Employee Leasing Company A contracts with Client B to lease employees to Client B, effective July 1, 2001. Client B has a contribution rate of 1.0% for 2001. Employee Leasing Company A has a contribution rate of 4.0% for 2001 and its relationship with Client B meets the conditions set forth in paragraphs 1, 2 and 3 of subsection B of Section




206.1(B)(1), (2) and (3) of the Act. Beginning with the report due for the third quarter of 2001, Employee Leasing Company A reports the leased employees on its wage reports and pays contributions on those wages at its contribution rate. Client B terminates its liability as of July 1, 2001 and stops filing any wage reports. However, the Employee Leasing Company does not report the leasing relationship to the Director until February 1, 2002. As a result, Employee Leasing Company A cannot report the workers in question for the third and fourth quarters of 2001 as its employees. The workers must be reported by Client B. Since timely wage reports were not filed nor were contributions paid by Client B, penalties will be assessed and interest charged. Waiver of such penalty and interest can be granted only for the reasons set forth in 56 Ill. Adm. Code 2765. Employee Leasing Company A may amend its wage reports to remove the workers and then file for a refund or adjustment as provided in Section 2201 of the Act.

b) Contents of Report

1) In order to satisfy the reporting requirement in paragraph 4 of subsection B of Section 206.1(B)(4) of the Act, a report must contain:

A1) the name of the client;

B2) a general description of the client's business and business

locations;

C3) the client's unemployment insurance account number (if any); and

D4) the effective date of the employee leasing company's contract with the client.

2) The report shall be accompanied by either a power of attorney to represent

the client or a certification by an officer or employee of the employee leasing company that the information contained in the report is true and correct to the best of his or her knowledge.

c) Whenever the employee leasing relationship between an employee leasing

company and its client is terminated, the employee leasing company must report the name of the client, the client's unemployment insurance account number (if




any) and the effective date of the termination within 30 days after that date. d) The terms used in this Section shall have the meanings set forth for them in

Section 206.1 of the Act. e) The notices required by this Section shall be mailed or sent by facsimile

transmission to the Illinois Department of Employment Security, Revenue Division, 33401 S. State St., 10th4th Floor North, Chicago IL 6060360605, Attn: Employer Services (FAX No.: 312-793-6296). A facsimile transmission is subject to Section 2712.1 with respect to the risk of nontransmission and the effect of the dates imprinted by the Department's and sender's respective telefax machines.

f) A report submitted to the Department in the manner provided for in subsection

(e), with the contents required by subsection (b), but after the deadline established in subsection (a), will satisfy the reporting requirement in paragraph 4 of subsection B of Section 206.1(B)(4) of the Act for either or both of the third and fourth calendar quarters of 2000 if it is filed on or before April 2, 2001, and the employee leasing company indicates in writing that it intends for the report to do so.





1) Heading of the Part: Notices, Records, Reports 2) Code Citation: 56 Ill. Adm. Code 2760 3) Section Numbers: Adopted Action:

2760.128 New 2760.150 Amend


700, 1400, 1400.2, 1401, 1402, 1404, 1405, 1507, 1700, 1701, 1706, 1800, 1801, 2201 and 2208 of the Unemployment Insurance Act [820 ILCS 405/204, 234, 245, 300, 302, 700, 1400, 1400.2, 1401, 1402, 1404, 1405, 1507, 1700, 1701, 1706, 1800, 1801, 2201 and 2208]

5) Effective Date of Amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of proposal published in the Illinois Register: July 18, 2008; 32 Ill. Reg. 10722 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: In Section 276.150(b), "(name, account

number and telephone number)" was added after "information". 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any other amendments pending on this Part? No 15) Summary and Purpose of the Rulemaking: This rulemaking implements legislation to

extend the due date for employers who solely employ household workers so that they can




file their wage and contribution reports on an annual basis. Another part of the rulemaking updates an agency address.



The full text of the Adopted Amendments begins on the next page:






PART 2760 NOTICES, RECORDS, REPORTS

SUBPART A: GENERAL OBLIGATIONS

Section 2760.1 Posting And Maintaining Notices 2760.5 Identification Of Workers Covered By The Act 2760.10 Filing By Mail

SUBPART B: REPORTS AND RECORDS

Section 2760.100 Reports 2760.105 Reports Of Employing Units As To Their Status 2760.110 Employing Unit Terminating Business 2760.115 Records With Respect To Employment 2760.120 Employer's Contribution Report 2760.125 Employer's Wage Report 2760.128 Wage Report Filing for Employers that Employ Household Workers and Elect to

Report Their Wages on an Annual Basis 2760.130 Reporting "Excess" Wages 2760.135 Remittance Of Contributions Due And Use Of Transmittal Form 2760.140 Use Of Electronic Data Processing Media For Quarterly Reporting 2760.145 Correcting The "Employer's Contribution And Wage Report" 2760.150 Consequences of anOf An Error in theIn The Preparation of theOf The

"Employer's Contribution andAnd Wage Report" AUTHORITY: Implementing and authorized by Sections 204, 234, 245, 300, 302, 700, 1400, 1400.2, 1401, 1402, 1404, 1405, 1507, 1700, 1701, 1706, 1800, 1801, 2201 and 2208 of the Unemployment Insurance Act [820 ILCS 405/204, 234, 245, 300, 302, 700, 1400, 1400.2, 1401, 1402, 1404, 1405, 1507, 1700, 1701, 1706, 1800, 1801, 2201 and 2208]. SOURCE: Department of Labor, Bureau of Employment Security Regulations 4, 7 and 8, filed as amended May 3, 1977, effective May 13, 1977; Regulation 11 filed as amended May 4, 1977,




effective May 14, 1977; Regulations 5 and 32 filed as amended June 23, 1977, effective July 3, 1977; Regulations 6 and 12 filed as amended September 12, 1977, effective September 12, 1977; rules repealed by operation of law on October 1, 1984; new rules adopted at 10 Ill. Reg. 6939, effective April 15, 1986; emergency amendment at 12 Ill. Reg. 222, effective January 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 13604, effective August 4, 1988; amended at 12 Ill. Reg. 16070, effective September 23, 1988; amended at 16 Ill. Reg. 3993, effective February 27, 1992; emergency amendment at 17 Ill. Reg. 13798, effective August 4, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 261, effective December 27, 1993; emergency amendment at 18 Ill. Reg. 2631, effective February 3, 1994, for a maximum of 150 days; emergency amendment modified at 18 Ill. Reg. 7492; emergency expired July 3, 1994; amended at 18 Ill. Reg. 14942, effective September 27, 1994; amended at 29 Ill. Reg. 1917, effective January 24, 2005; emergency amendment at 29 Ill. Reg. 6783, effective April 25, 2005, for a maximum of 150 days; emergency expired September 25, 2005; amended at 33 Ill. Reg. 9652, effective July 1, 2009.

SUBPART B: REPORTS AND RECORDS Section 2760.128 Wage Report Filing for Employers that Employ Household Workers and Elect to Report Their Wages on an Annual Basis

a) This Section only applies to an employer who solely employs household workers with respect to whom the employer files federal unemployment taxes using Schedule H (Form 1040) or could file federal unemployment taxes using Schedule H (Form 1040) if the worker or workers were providing services in employment for purposes of the federal unemployment tax. For purposes of this Section, "household worker" has the meaning ascribed to it for purposes of Schedule H (Form 1040) and includes, but is not limited to, babysitters, cleaning people, housekeepers, nannies and maids.

1) EXAMPLE: Joe Smith employs individuals to provide maid services in

the private homes of his customers. For purposes of Schedule H (Form 1040), an employee is considered a household worker only if his or her services are provided in the employer's private home. This Section does not apply to Joe Smith since he is not eligible to use Schedule H because the services of his employees are not performed in his home.

2) EXAMPLE: Jane Smith is the sole proprietor of a trucking company that

employs numerous drivers and office personnel. She also employs a nanny to care for her child in her home. This Section does not apply to




Ms Smith because, while the nanny is a household worker for purposes of Schedule H (Form 1040), performing her services in Ms Smith's private home, Ms Smith does not solely employ household workers.

3) EXAMPLE: George Smith employs a housekeeper who is considered

self-employed for purposes of the federal unemployment tax, and whose wages, therefore, are not subject to the federal tax. However, the services are employment under Illinois' Unemployment Insurance Act [820 ILCS 405]. Since Mr. Smith could have used Schedule H (Form 1040) to file federal unemployment taxes with regard to the housekeeper's services had she not been considered self-employed for purposes of the federal tax, this Section will apply regarding her services.

b) Notwithstanding any other provisions of this Part to the contrary, if an employer

to whom this Section applies notifies the Director, in writing, that he or she wishes to pay his or her quarterly contributions and submit the quarterly wage and contribution reports on an annual basis, then the due date for filing the reports shall be April 15 of the calendar year immediately following the quarters to which the reports apply. A notice pursuant to this subsection shall apply to all quarters for which a Determination and Assessment of contributions, penalties or interest due has not become final. An employer's failure to provide the notice before the reports and payments become due may result in the Department's issuance of statements of account, indicating the employer is delinquent in the filing of wage reports or the payment of contributions, or both, as well as the issuance of a Determination and Assessment of delinquent contributions, plus penalties and interest. If the employer does not protest a Determination and Assessment on a timely basis, pursuant to Section 2200 of the Act, the delinquency indicated in the Notice of Determination and Assessment will become a legally final debt of the employer's.


Section 2760.150 Consequences of anOf An Error in theIn The Preparation of theOf The "Employer's Contribution andAnd Wage Report"

a) If an error in the preparation of the "Employer's Contribution and Wage Report" results in an underreporting of contributions due, the employer shall be liable for any penalty and the delinquent contributions plus interest, calculated in accordance with Section 1401 of the Act [820 ILCS 405/1401], from the date that




the original report was due. b) Except as provided in subsection (c) below, if an error in the preparation of the

"Employer's Contribution and Wage Report" resulted in an overpayment of contributions, the employer may file a claim for an adjustment or refund. TheSuch claim must be filed within the period provided in Section 2201 of the Act [820 ILCS 405/2201]. TheSuch request shall be filed on a form entitled "Employer's Claim for Adjustment/Refund." TheSuch forms may be obtained by writing to the Department of Employment Security, Revenue Division, 33401 South State Street, Chicago, IL 60603 or on-line from the Agency's website, www.ides.state.il.us60605. On the form the employer must provide certain identifying information (name, account number, address and telephone number), its computation of the amount of its claim and the basis for its claim. This form must be signed by the owner, a partner, an officer of a corporation or its authorized agent who states that the information contained in the form is true and correct to the best knowledge and belief of the signer.

c) In the event that the employer is mailed a Statement of Account thatwhich

indicates that the employer's account has a credit balance and the employer wishes to obtain a cash refund, the employer may file for thesuch refund within the period provided in Section 2201 of the Act, on the form "Employer Request for Refund − Statement of Account." TheSuch form may be obtained and shall be completed in the same manner as provided in subsection (b) above.





1) Heading of the Part: Payment of Unemployment Contributions, Interest and Penalties 2) Code Citation: 56 Ill. Adm. Code 2765 3) Section Numbers: Adopted Action:

2765.11 New 2765.56 New 2765.61 Repeal 2765.75 Amend


603, 612, 701, 1400, 1400.2, 1401, 1402, 1403, 1404, 1405, 1502.1, 1503, 1507, 1508, 1509, 1700, 1701 and 2600 of the Unemployment Insurance Act [820 ILCS 405/212, 302, 500, 601, 602, 603, 612, 701, 1400, 1400.2, 1401, 1402, 1403, 1404, 1405, 1502.1, 1503, 1507, 1508, 1509, 1700, 1701 and 2600]

5) Effective Date of Amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in the Illinois Register: July 18, 2008; 32 Ill. Reg. 10728 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any other amendments pending on this Part? No




15) Summary and Purpose of the Rulemaking: This rulemaking implements legislation to allow the annual payment of unemployment insurance contributions and the annual filing of wage and contribution reports by employers who solely employ household workers. In addition, an address update is made in another Section. This rulemaking also repeals obsolete language regarding penalty waivers.



The full text of the Adopted Amendments begin on the next page:






PART 2765 PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES


Section 2765.1 Unemployment Contributions Not Deductible From Wages 2765.5 Definitions 2765.10 Payment Of Contributions 2765.11 Employers Who Employ Household Workers and Pay Contributions on an

Annual Basis 2765.15 Liability For The Entire Year 2765.18 Liability Of A Third Party Purchaser Or Transferee For The Due And Unpaid

Contributions, Interest And Penalties Of The Seller Or Transferor's Seller or Transferor

2765.20 Contributions Of Employers By Election 2765.25 Payments In Lieu Of Contributions 2765.30 When Payments In Lieu Of Contributions Payable 2765.35 Payments When Reimbursable Employer Becomes Contributory 2765.40 Payments When Contributory Employer Becomes Reimbursable 2765.44 Fee For Not Sufficient Funds (NSF) Checks 2765.45 Application Of Payment 2765.50 Accrual Of Interest 2765.55 Imposition Of Penalty 2765.56 Imposition of Late Reporting Penalty for Employers Who Employ Household

Workers and Elect to File Reports on an Annual Basis 2765.60 Payment Or Filing By Mail 2765.61 Waiver ofOf Interest andAnd Penalty forFor Employers Who Employ Household

Workers andAnd Who File Reports andAnd Pay Contributions on anOn An Annual Basis (Repealed)

2765.63 When Payment Due And Consequences Of Upward Revision In Employer's Contribution Rate

2765.64 Consequences Where An Employee Leasing Company Has Erroneously Reported Wages And Paid Contributions Which Wages Should Have Been Reported And Contributions Paid By Its Client




2765.65 Waiver Of Interest Or Penalty 2765.66 Waiver Of Interest Accruing Because Of Certain Types Of Employees For

Periods Prior To January 1, 1988 2765.67 Partial Waiver Of Interest Where An Employer Has Erroneously Reported Wages

To The Wrong State 2765.68 Waiver Of Penalty For Certain Employers For 1987 And Thereafter Wage

Reports 2765.69 Partial Waiver Of Interest Where An Employer Has Erroneously Paid Its Federal

Unemployment Tax Act (FUTA) Tax In Full But Has Failed To Pay Its Illinois Unemployment Insurance Contributions

2765.70 Waiver Of Interest For Certain Nonprofit Organizations or Local Governmental Entities

2765.71 Waiver of InterestOf interest Accruing Due To A Delay In The Issuance Of A Decision On A Protested Determination And Assessment

2765.73 Waiver Of Interest For Certain Nonprofit Hospitals 2765.74 Time For Paying Or Filing Delayed Payment Or Report 2765.75 Application forFor Waiver 2765.80 Approval Of Application For Waiver 2765.85 Insufficient Or Incomplete Application 2765.90 Disapproval Of Application Conclusive 2765.95 Appeal And Hearing

SUBPART B: EXPERIENCE RATING

Section 2765.200 Effect Of A Successor Employing Unit's Failure To Notify The Director Of Its

Succession 2765.210 Prohibition On Withdrawal Of Joint Application For Partial Transfer Of

Experience Rating Record 2765.220 Determination Of Benefit Wage And Benefit Ratio 2765.225 Requirement For Privity In Order To Have A Predecessor Successor Relationship 2765.228 No Requirement For Continuous Operation In Order For A Predecessor Successor

Relationship To Exist 2765.230 Effect Of A Transfer Of Physical Assets On A Finding That A Predecessor

Successor Relationship Exists

SUBPART C: BENEFIT CHARGES

Section




2765.325 Application Of "30 Day" Requirement For Determining The Chargeable Employer Pursuant To Section 1502.1 Of The Act

2765.326 Requirement For A Separation Or A Reduction In The Work Offered In Determining The Chargeable Employer Pursuant To Section 1502.1 Of The Act

2765.328 What Constitutes A Day For Purposes Of The "30 Day" Requirement In Section 1502.1 Of The Act

2765.329 Application Of "30 Day" Requirement For Determining The Chargeable Employer Pursuant To Section 1502.1 Of The Act For Benefit Years Beginning On Or After January 1, 1993

2765.330 Chargeability Where The Individual Is Discharged As A Result Of His Incarceration

2765.332 Effect Of Ineligibility Under Section 602(B) On Chargeability Under Section 1502.1 Of The Act

2765.333 Effect Of Ineligibility Under Section 612 On Chargeability Under Section 1502.1 Of The Act

2765.334 Effect Of Ineligibility Under Section 614 On Chargeability Under Section 1502.1 Of The Act

2765.335 Procedural Requirements And Right Of Appeal AUTHORITY: Implementing and authorized by Sections 212, 302, 500, 601, 602, 603, 612, 701, 1400, 1401, 1402, 1403, 1404, 1405, 1502.1, 1503, 1507, 1508, 1509, 1700, 1701 and 2600 of the Unemployment Insurance Act [820 ILCS 405/212, 302, 500, 601, 602, 603, 612, 701, 1400, 1401, 1402, 1403, 1404, 1405, 1502.1, 1503, 1507, 1508, 1509, 1700, 1701 and 2600]. SOURCE: Adopted at 6 Ill. Reg. 3863, effective March 31, 1982; amended at 7 Ill. Reg. 13266, effective September 28, 1983; recodified at 8 Ill. Reg. 15027; amended at 11 Ill. Reg. 3972, effective February 23, 1987; amended at 11 Ill. Reg. 11743, effective June 26, 1987; amended at 11 Ill. Reg. 12882, effective July 22, 1987; emergency amendment at 12 Ill. Reg. 225, effective January 1, 1988, for a maximum of 150 days; emergency expired May 30, 1988; amended at 12 Ill. Reg. 11740, effective July 5, 1988; amended at 12 Ill. Reg. 17342, effective October 12, 1988; amended at 12 Ill. Reg. 20484, effective November 28, 1988; emergency amendment at 13 Ill. Reg. 11911, effective July 1, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 17410, effective October 30, 1989; amended at 14 Ill. Reg. 6218, effective April 16, 1990; amended at 14 Ill. Reg. 19886, effective November 29, 1990; amended at 15 Ill. Reg. 185, effective December 28, 1990; amended at 15 Ill. Reg. 11122, effective July 19, 1991; amended at 16 Ill. Reg. 2131, effective January 27, 1992; amended at 16 Ill. Reg. 12165, effective July 20, 1992; amended at 17 Ill. Reg. 308, effective December 28, 1992; amended at 17 Ill. Reg. 614, effective January 4, 1993; amended at 17 Ill. Reg. 10275, effective June 29, 1993; emergency amendment at 17 Ill. Reg. 13801, effective August 20, 1993, for a maximum of 150 days;




emergency expired January 1, 1994; amended at 18 Ill. Reg. 14952, effective September 27, 1994; emergency amendment at 19 Ill. Reg. 16113, effective November 13, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 4307, effective February 29, 1996; amended at 25 Ill. Reg. 2011, effective January 18, 2001; emergency amendment at 29 Ill. Reg. 6788, effective April 25, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 13988, effective September 1, 2005; amended at 33 Ill. Reg. 9658, effective July 1, 2009.

SUBPART A: GENERAL PROVISIONS Section 2765.11 Employers Who Employ Household Workers and Pay Contributions on an Annual Basis Notwithstanding any other provisions of this Part to the contrary, if an employer to whom 56 Ill. Adm. Code 2760.128 applies provides the notice described in subsection (b) of that Section, then the due date for paying contributions shall be April 15 of the calendar year immediately following the quarters for which the contributions are due.


Section 2765.56 Imposition of Late Reporting Penalty for Employers Who Employ Household Workers and Elect to File Reports on an Annual Basis When an employer to whom 56 Ill. Adm. Code 2760.128 applies and who provides the notice described in subsection (b) of that Section does not submit all quarterly reports of wages paid to household workers during the calendar year, along with all quarterly reports of contributions due with respect to those wages, by April 15 of the immediately following calendar year, the Director shall impose the statutory penalty on the employer. The minimum penalty shall be $50, irrespective of the number of quarters for which the employer filed after April 15.

a) EXAMPLE: John Smith has notified the Director that he wishes to file his quarterly wage and contribution reports on an annual basis for 2008. He files his reports for the first, second and third quarters of 2008 on April 15, 2009. However, he does not file his fourth quarter report until April 20, 2009. The minimum penalty to be assessed for the delinquent fourth quarter report is $50.

b) EXAMPLE: John Smith has notified the Director that he wishes to file his

quarterly wage and contribution reports on an annual basis for 2008. He files his reports for the first and second quarters of 2008 on April 15, 2009. However, he does not file his third and fourth quarter reports until April 20, 2009. The




minimum penalty to be assessed for the delinquent third and fourth quarter reports combined is $50.

c) EXAMPLE: Joe Smith has notified the Director that he wishes to submit his

quarterly wage and contribution reports on an annual basis. However, he fails to submit his reports for 2008 by April 15, 2009. He submits his reports for the first, second and third quarters of 2008 on September 15, 2009, but does not submit his report for the fourth quarter of 2008 until October 1, 2009. The minimum penalty to be assessed for the delinquent first, second, third and fourth quarter reports combined is $50.


Section 2765.61 Waiver ofOf Interest andAnd Penalty forFor Employers Who Employ Household Workers andAnd Who File Reports andAnd Pay Contributions on anOn An Annual Basis (Repealed)

a) This Section only applies to an employer who solely employs household workers with respect to whom the employer files federal unemployment taxes using Schedule H (Form 1040) or could file federal unemployment taxes using Schedule H (Form 1040) if the worker or workers were providing services in employment for purposes of the federal unemployment tax. For purposes of this Section, "household worker" has the meaning ascribed to it for purposes of Schedule H (Form 1040) and includes, but is not limited to, baby-sitters, cleaning people, housekeepers, nannies and maids.

1) Example: Joe Smith employs individuals to provide maid services in the

private homes of his customers. For purposes of Schedule H (Form 1040), an employee is considered a household worker only if his or her services are provided in the employer's private home. This Section does not apply to Joe Smith since he is not eligible to use Schedule H because the services of his employees are not performed in his home.

2) Example: Jane Smith is the sole proprietor of a trucking company which

employs numerous drivers and office personnel. She also employs a nannie to care for her child in her home. This Section does not apply to Ms. Smith because, while the nannie is a household worker for purposes of Schedule H (Form 1040), performing her services in Ms. Smith's private home, Ms. Smith does not solely employ household workers.




3) Example: George Smith employs a housekeeper who is considered self-

employed for purposes of the federal unemployment tax, and whose wages, therefore, are not subject to the federal tax. However, the services are employment under Illinois' Unemployment Insurance Act [820 ILCS 405]. Since Mr. Smith could have used Schedule H (Form 1040) to file federal unemployment taxes with regard to the housekeeper's services had she not been considered self-employed for purposes of the federal tax, this Section will apply regarding her services.

b) If an employer to whom this Section applies pays contributions by April 15 of the

calendar year immediately following the quarter for which the contributions are due, the Director shall waive any interest imposed on such employer in accordance with Section 1401 of the Act [820 ILCS 405/1401] for failure to comply with Section 1400 of the Act [820 ILCS 405/1400] with respect to that quarter. However, failure to pay by April 15 will result in the imposition of interest in accordance with Section 1401. It is not necessary for the employer to apply for such waiver as long as he or she pays contributions, as required by this Section, by April 15 of the calendar year immediately following the quarters for which contributions are due.

Example: An individual to whom this Section applies intends to pay his contributions on an annual basis and reports his intent to the Director. However, because he forgets, he does not pay the contributions due until May of the year following the quarters in question. The Director will not waive any interest, and this individual will be liable for interest as of the dates that the payments were due under Section 1400; e.g., with regard to contributions due for the first quarter of a calendar year, April 30 of that year and not April 15 of the immediately following calendar year.

c) When an employer to whom this Section applies submits a report of wages paid to

household workers with respect to a calendar quarter, along with the report of contributions due with respect to those wages, by the April 15 following the close of that quarter, the Director shall find good cause for waiving any penalties that would otherwise be due with regard to those reports. When an employer to whom this Section applies does not submit all quarterly reports of wages paid to household workers during the calendar year, along with all quarterly reports of contributions due with respect to those wages, by April 15 of the immediately following calendar year but does so by September 30 of the following calendar




year, the Director shall find good cause for waiving the penalties with regard to all of those reports except the latest to remain outstanding as of April 16 of the following calendar year. Penalties will be calculated in accordance with Section 1402 of the Act [820 ILCS 405/1402] based on the due dates established pursuant to 56 Ill. Adm. Code 2760.125(a)(2). It is not necessary for the employer to apply for a waiver as long as he or she submits all of the reports, as required by this Section, by September 30 of the calendar year immediately following the quarters for which the reports are due. 1) Example: Joe Smith has properly notified the Director that he wishes to

submit his quarterly wage and contribution reports annually. However, he only submits a wage and contribution report for the fourth quarter of 2005 by April 15, 2006. He submits his reports for the first, second and third quarters of 2005 on May 15, 2006. The Director will waive the late filing penalties for reports regarding the first, second and fourth quarters of 2005, but a penalty will be imposed for filing the report regarding the third quarter of 2005 late, in the amount provided in Section 1402 of the Act.

2) Example: Joe Smith has properly notified the Director that he wishes to

submit his quarterly wage and contribution reports annually. However, he only submits his report for the fourth quarter of 2005 by April 15, 2006. He submits his reports for the first, second and third quarters of 2005 on October 1, 2006. The Director will waive the late filing penalty with regard to the fourth quarter of 2005, but penalties shall be imposed with regard to the reports for the first, second and third quarters of 2005, in the amounts provided in Section 1402 of the Act.

3) Example: Joe Smith has properly notified the Director that he wishes to

submit his quarterly wage and contribution reports annually. However, he fails to submit his reports for 2005 by April 15, 2006. He submits his reports for the first, second and third quarters of 2005 on September 15, 2006 but does not submit his report for the fourth quarter of 2005 until October 1, 2006. Penalties shall be imposed with regard to the reports for all 4 quarters of 2005, in the amounts provided in Section 1402 of the Act.

d) Notwithstanding any other provisions of this Part to the contrary, an employer to

whom this Section applies should notify the Director, in writing, that he or she plans to take advantage of the waivers established under subsections (b) and (c). The notice will apply to all quarters for which a Determination and Assessment of




contributions, penalties or interest due has not become final. An employer's failure to provide the notice may result in the Department's issuance of statements of account, indicating the employer is delinquent in the filing of wage reports or the payment of contributions, or both, as well as a Notice of Determination and Assessment of delinquent contributions, plus penalties and interest. If the employer does not protest a Determination and Assessment on a timely basis, pursuant to Section 2200 of the Act [820 ILCS 405/2200], the delinquency indicated in the notice of Determination and Assessment will become a legally final debt of the employer's.

(Source: Repealed at 33 Ill. Reg. 9658, effective July 1, 2009)

Section 2765.75 Application forFor Waiver The employer must file a sworn written application for waiver of the interest or penalty, or both, with the Revenue Division, 33401 South State Street – 10th4th Floor, Chicago, Illinois 6060360605, within the time limits set forth in Section 2765.74. An application is not complete unless it contains the name and address of the employer, the U.I. account number, the period involved and the good cause applicable. The late payment or missing report, as provided in Section 2765.74, must accompany the application.





1) Heading of the Part: Employee's General Rights and Duties 2) Code Citation: 56 Ill. Adm. Code 2815 3) Section Numbers: Adopted Action:

2815.100 Amend 2815.105 Amend 2815.110 Amend 2815.125 Amend

2815.130 Amend 4) Statutory Authority: Implementing and authorized by Sections 1300, 1700 and 1701 of

the Unemployment Insurance Act [820 ILCS 405/1300, 1700 and 1701] 5) Effective Date of the Amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain an incorporation by reference? No 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the agency's principal office, and is available for public inspection. 9) Notice of Proposal published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10744 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: The word "of" was added to the first line

of Section 2815.115(e). 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency amendments currently in effect? No 14) Are there any other amendments pending on this Part? No




15) Summary and purpose of the Rulemaking: The amendments to Part 2815 update the Department's mailing address, statutory references and the name of the Department responsible for child support withholding and make some minor technical changes.

16) Information and Questions regarding these adopted amendments shall be directed to: Gregory J. Ramel, Deputy Legal Counsel Illinois Department of Employment Security 33 South State Street – Room 937 Chicago, Illinois 60603 312/793-2333 [email protected] The full text of the Adopted Amendments begin on the next page:





SUBCHAPTER e: RIGHTS AND DUTIES OF EMPLOYEES

PART 2815 EMPLOYEES' GENERAL RIGHTS AND DUTIES

SUBPART B: DEDUCTION OR ASSIGNMENT OF BENEFITS

Section 2815.100 Benefit Rights Not Subject toTo Waiver, Transfer, orOr Claims ofOf Creditors 2815.105 Deductions fromFrom Unemployment Benefits for Past DueFor Delinquent Child

Support 2815.110 Deductions fromFrom Benefits to beTo Be Paid to theTo The Illinois Department

ofOf Healthcare and Family ServicesPublic Aid 2815.115 Illinois Department of Healthcare and Family ServicesOf Public Aid Acting for

theFor The Director 2815.120 Order Of Deductions From Benefits 2815.125 Notice ofOf Deduction andAnd Right ofOf Appeal 2815.130 Improper Deductions fromFrom Benefits AUTHORITY: Implementing and authorized by Sections 1300, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/1300, 1700 and 1701]. SOURCE: Adopted at 10 Ill. Reg. 5118, effective March 18, 1986; amended at 11 Ill. Reg. 7270, effective April 3, 1987; emergency amendments at 13 Ill. Reg. 13268, effective July 27, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 19440, effective December 5, 1989; emergency amendment at 14 Ill. Reg. 17389, effective September 28, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 1817, effective January 24, 1991; amended at 33 Ill. Reg. 9668, effective July 1, 2009.

SUBPART B: DEDUCTION OR ASSIGNMENT OF BENEFITS Section 2815.100 Benefit Rights Not Subject toTo Waiver, Transfer, orOr Claims ofOf Creditors The right to receive unemployment benefits cannot be waived, transferred, or released by agreement. Neither can it be the subject of assignment, pledge, encumbrance, or claim of creditors. Any such agreement is against public policy and void. However, where the agreement to deduct from benefits or the assignment of benefits is made under the conditions provided in




Section 2815.105 of this Part, such agreement or assignment may be enforced pursuant to the provisions of Section 1300 of the Unemployment Insurance Act [820 ILCS 405/1300](Ill. Rev. Stat. 1983, ch. 48, par. 540), hereinafter referred to as "the (Act)."

(Source: Amended at 33 Ill. Reg. 9668, effective July 1, 2009) Section 2815.105 Deductions fromFrom Unemployment Benefits for Past DueFor Delinquent Child Support

a) Whenever the Director is served by the Illinois Department of Healthcare and Family ServicesPublic Aid with a copy of a court or administrative order for withholding of income on behalf of the persons specified in subsection (c), the Director shall deduct from an individual's benefits past due child support in the designated amount.

b) Whenever an individual enters into an agreement for the deduction of a specified

sum from his benefits under the Act in order to pay past due child support, this agreement may be enforced by the Illinois Department of Healthcare and Family ServicesPublic Aid by presenting to the Director the original of the agreement and requesting that the support payments sought to be satisfied be deducted out of the benefits payable to an individual required to provide support. The agreement must be signed by the individual and state clearly the amounts to be deducted from his benefits, in whose favor the support payments are payable, during which periods the deductions are to be made, and by what authority the individual is required to make support payments. If the Director is satisfied that the agreement meets the requirements of this subsection (b)herein provided, deductions shall be made in the amounts specified in the agreement.

c) The Illinois Department of Healthcare and Family ServicesPublic Aid may

enforce and collect from the Director any assignment of benefits to, or agreement for deductions for the benefit of, the following persons: 1) Those receiving a grant of financial aid under Article IV of the Illinois

Public Aid Code [305 ILCS 5/Art. 4](Ill. Rev. Stat. 1989, ch. 23, par. 10-10.1 et seq.);

2) Those whose application for support services under Section 10-1 of the

Illinois Public Aid Code [305 ILCS 5/10-1] has been approved; and,




3) Those receiving public aid or support services from other states. d) In every case where there is a court-ordered assignment of wages for past due

child support, this assignment of wages shall also be considered an order for withholding of income which can be enforced for collection under subsection (a).


Section 2815.110 Deductions fromFrom Benefits to beTo Be Paid to theTo The Illinois Department of Healthcare and Family ServicesOf Public Aid All deductions authorized under Section 2815.105 shall be paid to the Illinois Department of Healthcare and Family ServicesPublic Aid. These payments are considered constructively made to the individual and they shall be defense to the Director against claims of the individual whose benefits have been reduced by the deductions taken.

(Source: Amended at 33 Ill. Reg. 9668, effective July 1, 2009) Section 2815.115 Illinois Department of Healthcare and Family ServicesOf Public Aid Acting for theFor The Director In order to insure prompt action on all orders for withholding of income or agreements to deduct referred to in Section 2815.105 and to insure speedy review of the Director's orders granting deductions, the Director appoints the Division of Child Support, Illinois Department of Healthcare and Family ServicesPublic Aid, as the Director's agent to act for and on behalf of the Director in the following cases:

a) To receive service of the court or administrative order for withholding of income or to accept the presentation of an agreement to deduct from the Illinois Department of Healthcare and Family ServicesPublic Aid required in Section 2815.105(a) and (b);

b) To determine the sufficiency of the order or the agreement in accordance with the

requirements provided in Section 2815.105;

c) To design and adopt a compatible program that could be entered in the Agency's computer system and enable the Director:




1) To know if the beneficiary of the order or the party to the agreement is a claimant receiving benefits under the Act;

2) To start or stop the deductions from benefits after the issuance of the

appropriate order by the Director;

d) To receive all filings of appeals connected with the Director's order granting the deduction from benefits and forward them to the Benefit Appeals Sub Division, 33 South State Street, 8th Floor,401 South State Street 2nd Floor Chicago, Illinois 6060360605;

e) To receive and respond to all inquiries relating to the implementation of orders to

stop further deductions, the enforcement and collection of orders for withholding of income or agreements to deduct, and the procedure for making an appeal from an order granting deductions. The inquiries shall be addressed to: Division of Child Support, Illinois Department of Healthcare and Family Services, P.O. Box 19405,Public Aid, Springfield, Illinois, 6279462762.


Section 2815.125 Notice ofOf Deductions andAnd Right ofOf Appeal

a) The Director shall give notice to the individual whose benefits will be affected by the Director's order of deduction at the same time thatas the transmittal of the order for withholding or the agreement to deduct is entered into the Director's computer system byto the Division of Child Support of the Illinois Department of Healthcare and Family ServicesPublic Aid. The notice shall state the amount of deductions, the authority for the deductions, and the claimant's right to appeal the order of deduction in the same manner as appeals under Sections 800 and 803 of the Act [820 ILCS 405/800 and 803](Ill. Rev. Stat. 1985, ch. 48, pars. 470 and 473), and of 56 Ill. Adm. Code 2720. The appeal shall be filed pursuant to Section 2815.115 of this Part. However, deductions shall continue during the pendency of the appeal.

b) At the hearing on appeal, the only issue to be resolved is the validity of the order

or deduction agreement. If there has been a previous proceeding conducted by the Illinois Department of Healthcare and Family ServicesPublic Aid for this purpose, the claimant contesting the validity of the order or the agreement must show why the decision of the Illinois Department of Healthcare and Family ServicesPublic




Aid should not be given full faith and credit. (Source: Amended at 33 Ill. Reg. 9668, effective July 1, 2009)

Section 2815.130 Improper Deductions fromFrom Benefits When in the appeal process or in any proceedings, it is found that deductions from the claimant's benefits pursuant to Section 2815.105 are improper or not in accordance with the law, the Director shall, after due notice to all parties, stop further deductions. Requests for reimbursements of improper deductions must be directed to the Illinois Department of Healthcare and Family ServicesPublic Aid, Division of Child Support, at the address specified in Section 2815.115(e).





1) Heading of the Part: Claimant's Availability for Work, Ability to Work and Active Search for Work

2) Code Citation: 56 Ill. Adm. Code 2865 3) Section Number: Adopted Action:

2865.100 Amend 4) Statutory Authority: Implementing and authorized by Sections 409, 500, 1700 and 1701

of the Unemployment Insurance Act [820 ILCS 405/409, 500, 1700 and 1701] 5) Effective Date of the Amendment: August 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the agency's principal office, and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: July 18, 2008; 32 Ill. Reg. 10768 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any other amendments pending on this Part? No 15) Summary and Purpose of the rulemaking: This amendment clarifies that claimants who

reside in other states, but who work in Illinois as "commuters", must register for work in Illinois since this is their primary labor market.

16) Information and questions regarding this adopted amendment shall be directed to:





The full text of the Adopted Amendment begins on the next page:





SUBCHAPTER f: ELIGIBILITY FOR BENEFITS

PART 2865 CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK

AND ACTIVE SEARCH FOR WORK

SUBPART A: GENERAL PROVISIONS Section 2865.1 Definitions 2865.50 Union Registration In Satisfaction Of Active Search Provisions 2865.55 Requirements For Union Local Certification 2865.60 Procedures For Approval As A Certified Union

SUBPART B: REGULAR BENEFITS Section 2865.100 Work Search Requirements forFor Regular Unemployment Insurance Benefits 2865.105 Able To Work 2865.110 Available For Work 2865.115 Actively Seeking Work 2865.120 Suitability Of Work – Labor Standards 2865.125 Availability For Part-Time Work Only 2865.130 Director's Approval Of Training 2865.135 Availability For Work And Active Search For Work: Attendance At Training

Courses 2865.140 Regular Attendance In Approved Training 2865.145 Ineligibility To Receive Benefits For Failure To Participate In Reemployment

Services 2865.150 Profiling/Referral To Reemployment Services

SUBPART C: EXTENDED BENEFITS Section 2865.205 Applicability Of Rules For Eligibility For Regular Benefits 2865.210 Systematic And Sustained Search For Work 2865.215 When An Individual's Prospects For Finding Work Shall Be Deemed To Be Good AUTHORITY: Implementing and authorized by Sections 409, 500, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/409, 500, 1700 and 1701].




SOURCE: Adopted at 10 Ill. Reg. 11887, effective July 1, 1986; amended at 14 Ill. Reg. 18466, effective November 5, 1990; amended at 17 Ill. Reg. 17917, effective October 4, 1993; amended at 18 Ill. Reg. 4160, effective March 3, 1994; emergency amendment at 18 Ill. Reg. 17764, effective November 28, 1994, for a maximum of 150 days; amended at 19 Ill. Reg. 6555, effective April 28, 1995; amended at 29 Ill. Reg. 1927, effective January 24, 2005; amended at 33 Ill. Reg. 9675, effective August 1, 2009.

SUBPART B: REGULAR BENEFITS

Section 2865.100 Work Search Requirements forFor Regular Unemployment Insurance Benefits a)Unless otherwise instructed, the claimant must establish that he or she is able to work, available for work and actively seeking work during each week for which he or she is claiming benefits. 1)The claimant must register within person at the Illinois Employment Service Office unless otherwise instructed by the local office for one of the following reasons:

aA) The claimant's unemployment is due to a labor dispute at his or her last

employing unit, even if the claimant is not involved in the dispute; bB) The claimant's unemployment is due to a temporary lay-off not exceeding 10ten

weeks in duration; cC) The claimant is a member of a labor union whose placement service has been

certified by the Agency under this Part; dD) The claimant is still attached to a regular job but he or she is only partially

employed due to a temporary reduction in his hours; eE) The claimant is a seasonal worker who is between seasons and has a reasonable

expectation of returning to the same job in the next succeeding season. For example, park, golf course and landscape workers would fall within this subsection (e)(a)(1)(E) during a winter shutdown;

fF) The claimant is an academic worker, such as a teacher or school administrator, or

a non-academic employee, such as a food service worker or school bus driver, who is seeking work at an educational institution or for a company that contracts with an educational institution during a period between academic years or terms;




gG) The claimant is a construction worker seeking construction work, whether or not

the claimanthe belongs to a union that operates a hiring hall defined in Section 2865.50;

hH) The claimant is enrolled and participating in training, whether or not that training

is approved under Section 500(C)(5) of the Act; iI) The claimant is a resident of a state that borders Illinois and has filed a claim in

this State but does not normally work in Illinois; jJ) The Agency determines that, based on local labor market information, registration

with the Illinois Employment Service would not increase the likelihood of the claimant's return to work. 2) The claimant must show that he is conducting a thorough, active and

reasonable search for appropriate work on his own by keeping records of what he is doing to find work, including: A) The names and addresses of the employing units contacted and the

names of the specific persons contacted, if possible; B) The dates, methods and results of the contacts; C) The types of work that the claimant has been seeking, including

wages and hours requested or desired; and D) Any other information regarding his work search efforts.

b) The claimant shall provide the written records required by this Section to the

Agency whenever requested, pursuant to Section 2720.112(f) or 2720.115, or, in the event of a Claims Adjudicator's interview, an appeal or a hearing in which work search is an issue. Even if the claimant has been denied benefits, he must either file by telephone (see Section 2720.112) or complete and file the Claim Certification (BIS-653) every two weeks and meet the eligibility requirements of the Act for each week for which he expects payment upon reversal of that denial.



DEPARTMENT OF NATURAL RESOURCES


1) Heading of the Part: Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote and Woodchuck (Groundhog) Hunting

2) Code Citation: 17 Ill. Adm. Code 550 3) Section Number: Adopted Action:

550.30 Amendment 4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2,

2.6, 2.7, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29]

5) Effective Date of Amendment: June 26, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: 33 Ill. Reg. 4064; March 13, 2009 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part was amended to add a site-specific

regulation regarding coyote season to Big Bend State Fish and Wildlife Area and to reflect that the name of Falling Down Prairie has been changed to Rall Woods State Natural Area.




16) Information and questions regarding this adopted amendment shall be directed to:

Bill Richardson, General Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809





TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 550 RACCOON, OPOSSUM, STRIPED SKUNK, RED FOX, GRAY FOX, COYOTE

AND WOODCHUCK (GROUNDHOG) HUNTING Section 550.10 General Regulations 550.20 Statewide Regulations 550.30 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote and Woodchuck

(Groundhog) Hunting on Department-Owned, -Leased or -Managed Sites AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29]. SOURCE: 5 Ill. Reg. 8833, effective August 25, 1981; codified at 5 Ill. Reg. 10636; emergency amendment at 5 Ill. Reg. 11593, effective October 20, 1981, for a maximum of 150 days; emergency expired March 17, 1982; amended at 6 Ill. Reg. 10714, effective August 20, 1982; amended at 7 Ill. Reg. 10782, effective August 24, 1983; amended at 7 Ill. Reg. 16098, effective November 22, 1983; amended at 8 Ill. Reg. 21593, effective October 23, 1984; amended at 9 Ill. Reg. 16204, effective October 9, 1985; emergency amendment at 9 Ill. Reg. 18151, effective November 12, 1985, for a maximum of 150 days; emergency expired April 11, 1986; amended at 10 Ill. Reg. 16649, effective September 22, 1986; amended at 11 Ill. Reg. 9540, effective May 5, 1987; amended at 12 Ill. Reg. 11730, effective June 30, 1988; amended at 13 Ill. Reg. 10598, effective June 19, 1989; amended at 14 Ill. Reg. 10798, effective June 20, 1990; amended at 15 Ill. Reg. 11598, effective August 2, 1991; amended at 16 Ill. Reg. 11078, effective June 30, 1992; amended at 17 Ill. Reg. 10795, effective July 1, 1993; amended at 18 Ill. Reg. 10090, effective June 21, 1994; amended at 19 Ill. Reg. 11787, effective August 3, 1995; amended at 20 Ill. Reg. 10874, effective August 5, 1996; amended at 21 Ill. Reg. 9077, effective June 26, 1997; amended at 22 Ill. Reg. 14836, effective August 3, 1998; amended at 23 Ill. Reg. 9066, effective July 28, 1999; amended at 24 Ill. Reg. 8938, effective June 19, 2000; amended at 25 Ill. Reg. 9895, effective July 17, 2001; amended at 26 Ill. Reg. 14680, effective September 20, 2002; amended at 28 Ill. Reg. 11873, effective July 27, 2004; amended at 29 Ill. Reg. 12471, effective July 28, 2005; amended at 30 Ill. Reg. 12133, effective June 28, 2006; amended at 31 Ill. Reg. 13106, effective August 30, 2007; amended at 32 Ill. Reg. 10093, effective June 30, 2008; amended at 33 Ill. Reg. 9680, effective June 26, 2009.




Section 550.30 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote and Woodchuck (Groundhog) Hunting on Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) For sites where hunter quotas exist and permits are required a drawing shall be

held prior to the opening of the season. The date of the drawing shall be announced by the Department by public announcement and the drawing shall be held at the site. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20.

c) .22 caliber or smaller rimfire firearms permitted from sunset to sunrise unless

otherwise specified. d) Coyote and striped skunk season shall coincide with the statewide fox season

unless otherwise specified. e) No woodchuck (groundhog) hunting allowed unless otherwise specified. f) Statewide regulations as provided for in this rule apply at the following sites

(exceptions are in parentheses):

Anderson Lake Conservation Area (all hunting to begin after the close of duck season) Apple River Canyon State Park Argyle Lake State Park Banner Marsh State Fish and Wildlife Area (coyote only; coyotes can be taken with archery equipment when the site is open to archery deer hunting during archery shooting hours; coyotes can be taken with shotguns, no deer slugs allowed, on days when the site is open to upland hunting with upland shooting hours) Big Bend State Fish and Wildlife Area (coyote season from August 1 through the following February 28)




Big River State Forest Cache River State Natural Area Campbell Pond Wildlife Management Area Cape Bend State Fish and Wildlife Area Carlyle Lake Lands and Waters – Corps of Engineers Management Lands Carlyle Lake Wildlife Management Area (subimpoundment area closed 7 days prior to and during the southern zone waterfowl season) Cypress Pond State Natural Area Deer Pond State Natural Area Devil's Island State Fish and Wildlife Area Dog Island Wildlife Management Area Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch) Falling Down Prairie Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area Fort de Chartres Historic Site (muzzleloading firearms or bow and arrow only) Hanover Bluff State Natural Area Horseshoe Lake Conservation Area – Alexander County (Public Hunting Area except Controlled Hunting Area) Johnson Sauk Trail State Recreation Area (archery only; coyote and fox only; site coyote season runs concurrently with the site archery deer




season; site fox season begins when the statewide fox season opens, runs concurrently with the site archery deer season, and closes the earlier of either the statewide fox season closing or the site archery deer season closing) Kankakee River State Park (coyote, fox, skunk and opossum may be taken during their respective seasons that fall within the archery deer season by archery only; shotgun only hunting opens the day after the close of the site upland game season or archery deer season, whichever is later, and closes with the close of the statewide fox season; statewide hours; hunters must sign-in/sign-out and report harvest and effort at check station) Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) Kinkaid Lake Fish and Wildlife Area Marseilles State Fish and Wildlife Area (coyote and fox only; fox closes first Thursday after January 10; coyote open to hunting from August 1 until the first Thursday after January 10 and when other hunting seasons are open on the site; not open during spring turkey season; hunting hours are 30 minutes before sunrise until sunset; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) Marshall County Fish and Wildlife Area (raccoon, opossum only; season opens day after duck season) Mazonia State Fish and Wildlife Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours; hunters must sign-in/sign-out and report harvest and effort at the check station) Mermet Lake State Fish and Wildlife Area (hunting limited to upland game area; hunting hours ½ hour before sunrise to ½ hour after sunset) Mississippi River Fish and Waterfowl Management Area (Pools 25 and 26)




Mississippi River Pools 16, 17, 18, 21, 22 and 24 (groundhog hunting allowed) (c) Momence Wetlands State Natural Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours; hunters must sign-in/sign-out and report harvest and effort at check station) Moraine View State Park (archery only; coyote only; season runs concurrently with site archery deer season) Oakford Conservation Area Peabody River King State Fish and Wildlife Area (West subunit only) Rall Woods State Natural Area Randolph County Conservation Area Ray Norbut State Fish and Wildlife Area Rend Lake Project Lands and Waters Sangamon County Conservation Area Shawnee National Forest, Oakwood Bottoms and LaRue Scatters (season closes 7 days before opening of duck season and remains closed through the duck season; at Oakwood Bottoms non-toxic shot only) Sielbeck Forest Natural Area Siloam Springs State Park Skinner Farm State Habitat Area Spoon River State Forest (all hunters must sign-in/sign-out) Tapley Woods State Natural Area (shotguns or muzzleloading rifles only




may be used from sunset-sunrise) Trail of Tears State Forest Turkey Bluffs State Fish and Wildlife Area Walnut Point State Park (sign-in/sign-out required; raccoon hunting only) Washington County Conservation Area Weinberg-King State Park (c) (d) Weinberg-King State Park – Scripps Unit (use of dogs for hunting coyote is not allowed) Weinberg-King State Park − Spunky Bottoms Unit Wildcat Hollow State Forest Witkowsky State Wildlife Area (coyote only; season shall coincide with archery and firearm deer season at this site; archery only during the archery deer season at this site) Woodford County Fish and Wildlife Area (raccoon, opossum only; season opens after duck season)

g) Violation of a site-specific regulation is a Class B misdemeanor. Statewide

regulations apply except that hunters must obtain a permit from the Department; where hunter quotas exist, permits are allocated as described in subsection (b); permits must be in possession while hunting; the permit must be returned by February 15 or hunter will forfeit hunting privileges at that site the following year (exceptions are in parentheses):

Beaver Dam State Park (bow and arrow only) Chauncey Marsh (obtain permit at Red Hills State Park Headquarters) Clinton Lake State Recreation Area




Coffeen Lake State Fish and Wildlife Area (coyote only, shotgun or bow and arrow) Copperhead Hollow State Wildlife Area (raccoon and coyote only) Crawford County Conservation Area Des Plaines State Fish and Wildlife Area (coyote only, no dogs allowed; season opens the day after archery deer season closes and ends February 28; shotgun with shotshells only; site permit required) Eagle Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only) Fox Ridge State Park Green River State Wildlife Area (skunk and coyote close the last day of February; .22 rimfire firearms permitted from 30 minutes after sunset until 30 minutes before sunrise) Hamilton County Conservation Area Harry "Babe" Woodyard State Natural Area Hennepin Canal State Trail (archery only; coyote and raccoon only; season open only when the site archery deer season is open) Hidden Springs State Forest Horseshoe Lake State Park (Madison County) (coyote only, bow and arrow only) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit (shotgun and bow and arrow only) Iroquois County Wildlife Management Area (season opens the day after Permit Pheasant Season) Jim Edgar Panther Creek State Fish and Wildlife Area (statewide seasons




for coyote and striped skunk) Kankakee River State Park (no rifle or handgun hunting allowed; the furbearer hunting season opens the day after the last day of the site's upland hunting seasons through statewide close of respective seasons for furbearers except striped skunk and coyote close with fox season) Kickapoo State Park Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Areas Lincoln Trail State Park (season opens day after first firearm deer season; closes December 20; hunting hours sunset to sunrise only; raccoon only) Matthiessen State Park (season closed during the site firearm or muzzleloader deer seasons; site permit may be obtained at the Starved Rock State Park office; hunting hours are from 30 minutes after sunset until 30 minutes before sunrise; raccoon or opossum only; hunting south of the Vermilion River Area only; no dogs allowed) Mautino State Fish and Wildlife Area (archery only; coyote and raccoon only; season open only when the site archery deer season is open) Meeker State Habitat Area (obtain permit at Sam Parr State Park headquarters) Middle Fork Fish and Wildlife Management Area Moraine View State Park (season opens the second Monday in December; night hunting only; raccoon only) Pyramid State Park – Captain Unit (no hunting on waterfowl refuge) Pyramid State Park – Denmark Unit (no hunting on waterfowl refuge) Pyramid State Park – East Conant Unit Pyramid State Park – Galum Unit




Ramsey Lake State Park Sahara Woods State Fish and Wildlife Area Saline County Fish and Wildlife Area Sam Parr State Park Sand Ridge State Forest (coyote and striped skunk seasons – opening of the statewide raccoon season until the day before opening of the statewide spring turkey season) Sanganois State Fish and Wildlife Area (statewide seasons for coyote and striped skunk) Sangchris Lake State Park (fox, coyote and striped skunk hunting only; statewide seasons for fox, coyote and striped skunk except, during central zone duck and Canada goose season, hunters pursuing waterfowl or upland game may take fox, coyote and striped skunk with shotgun only in accordance with site-specific regulations set forth in 17 Ill. Adm. Code 530 and 590) Stephen A. Forbes State Park Ten Mile Creek State Fish and Wildlife Area (statewide coyote, striped skunk, and groundhog hunting allowed; .22 caliber or smaller rimfire firearms permitted 24 hours a day) Wolf Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only)

h) Violation of a site regulation is a Class B misdemeanor (see 520 ILCS 5/2.30).





1) Heading of the Part: Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, Beaver and Woodchuck (Groundhog) Trapping

2) Code Citation: 17 Ill. Adm. Code 570 3) Section Number: Adopted Action: 570.40 Amendment 4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 2.30, 2.33 and

3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 2.30, 2.33 and 3.5] 5) Effective Date of Amendment: June 26, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted rulemaking, including all material incorporated by reference, is on

file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: 33 Ill. Reg; March 13, 2009 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: None 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements issued by JCAR? No agreements were necessary 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part was amended in anticipation of opening

three new sites to trapping for the 2009 hunting season. 16) Information and questions regarding this adopted amendment shall be directed to:




Bill Richardson, General Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809 The full text of the Adopted Amendment begins on the next page:






PART 570 MUSKRAT, MINK, RACCOON, OPOSSUM, STRIPED SKUNK, WEASEL,

RED FOX, GRAY FOX, COYOTE, BADGER, BEAVER AND WOODCHUCK (GROUNDHOG) TRAPPING

Section 570.10 Statewide Zones 570.20 Statewide Season Dates 570.30 Statewide Hours, Daily Limit and Possession Limit 570.35 Use of .22 Rimfire Rifles by Trappers During Deer Gun Season 570.40 Trapping Regulations on Department-Owned, -Leased or -Managed Sites AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 2.30, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 2.30, 2.33 and 3.5]. SOURCE: Adopted at 5 Ill. Reg. 9767, effective September 17, 1981; codified at 5 Ill. Reg. 10637; amended at 6 Ill. Reg. 10709, effective August 20, 1982; amended at 7 Ill. Reg. 10778, effective August 24, 1983; amended at 8 Ill. Reg. 21589, effective October 23, 1984; amended at 9 Ill. Reg. 15864, effective October 7, 1985; amended at 10 Ill. Reg. 16644, effective September 24, 1986; amended at 12 Ill. Reg. 12034, effective July 7, 1988; emergency amendments at 12 Ill. Reg. 16261, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; amended at 13 Ill. Reg. 10589, effective June 15, 1989; amended at 14 Ill. Reg. 14775, effective September 4, 1990; amended at 14 Ill. Reg. 19854, effective December 3, 1990; amended at 15 Ill. Reg. 11586, effective August 2, 1991; amended at 16 Ill. Reg. 11069, effective June 30, 1992; amended at 17 Ill. Reg. 10785, effective July 1, 1993; amended at 17 Ill. Reg. 18796, effective October 19, 1993; amended at 18 Ill. Reg. 10077, effective June 21, 1994; amended at 19 Ill. Reg. 12640, effective August 29, 1995; amended at 20 Ill. Reg. 12351, effective August 30, 1996; amended at 21 Ill. Reg. 9070, effective June 26, 1997; amended at 22 Ill. Reg. 14809, effective August 3, 1998; amended at 23 Ill. Reg. 9055, effective July 28, 1999; amended at 24 Ill. Reg. 8929, effective June 19, 2000; amended at 25 Ill. Reg. 9887, effective July 17, 2001; amended at 26 Ill. Reg. 13809, effective September 5, 2002; amended at 27 Ill. Reg. 749, effective January 6, 2003; amended at 28 Ill. Reg. 11883, effective July 27, 2004; amended at 29 Ill. Reg. 9643, effective June 27, 2005; amended at 30 Ill. Reg. 12143, effective June 28, 2006; amended at 31 Ill. Reg. 13117, effective August 30, 2007; amended at 32 Ill. Reg. 10104, effective June 30, 2008; amended at 33 Ill. Reg. 9691, effective June 26, 2009.




Section 570.40 Trapping Regulations on Department-Owned, -Leased or -Managed Sites

a) General Regulations 1) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and

Trapping apply in this Section, unless this Section is more restrictive. 2) On areas where special Department tags are required for trappers, traps

without tags attached will be subject to confiscation. 3) Trappers must stay within assigned areas. 4) For sites where permits are required a drawing shall be held prior to the

opening of the season. The date of the drawing shall be announced by the Department by public announcement (publicly announced means that the information referred to will be included on the Department's Internet Home Page at http://dnr.state.il.us, published in Outdoor Illinois, provided to outdoor writers for newspapers, and placed on the Department's Toll Free Hotline) and the drawing shall be held at the site. Persons participating in the drawing must have either a current or previous year trapping license. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20. Permit applicants must submit name and address to the site prior to drawing. Permits must be in possession while trapping on the area.

5) All sites except Blanding Wildlife Area, Kinkaid Lake Fish and Wildlife

Area, Mississippi River Pools 16, 17, 18, 21, 22, 24, and Rend Lake Wildlife Management Area require trappers to submit a harvest report to the site superintendent within 20 days following the close of the trapping season. Failure to report shall result in the trapper being ineligible to trap at that site for the following year.

6) Body-gripping traps with a 10-inch jaw spread or larger must be totally

submerged in water when set. 7) Any person who violates the site specific regulations shall be guilty of a

Class B Misdemeanor.

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8) No trapping is permitted in subimpoundments or designated waterfowl management units during duck season.

9) .22 caliber or smaller rimfire firearms permitted unless otherwise

specified. b) Statewide regulations as provided for in this Part apply at the following sites

(exceptions in parentheses):

Beall Woods State Park (water sets only, site permit required) Blanding Wildlife Area (trapping area includes the islands and associated backwater sloughs immediately upstream from Lock and Dam 12; no trapping on mainland) Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters) Copperhead Hollow State Wildlife Area (site permit required) Frank Holten State Park (water sets only; designated areas only) Kinkaid Lake Fish and Wildlife Area Mississippi River Pools 16, 17, 18, 21, 22, 24 (no trapping on U.S. Fish and Wildlife Service National Wildlife Refuges in Pools 21, 22 and 24) Pyramid State Park (water sets only) Ray Norbut State Fish and Wildlife Area Red Hills State Park (site permit required) Rend Lake Project Lands and Waters (water sets only) Sam Parr State Park (water sets only, site permit required) Sielbeck Forest Natural Area (water sets only)




Siloam Springs State Park Snakeden Hollow State Fish and Wildlife Area Weinberg-King State Park − Scripps Unit (site permit required) Weinberg-King State Park − Spunky Bottoms Unit (site permit required)

c) Statewide regulations as provided for in this Part apply at the following sites; in

addition, a permit is required; only Egg Traps®, D-P (Dog-Proof) Traps®, box traps, cage traps, and traps of similar design may be used for land sets (exceptions in parentheses):

Cache River State Natural Area Cape Bend State Fish and Wildlife Area Carlyle Lake Lands and Waters – Corps of Engineers Managed Lands Carlyle Lake Wildlife Management Area Clinton Lake Recreation Area Cypress Pond State Natural Area Deer Pond State Natural Area Devil's Island State Fish and Wildlife Area Eldon Hazlet State Park – north of Allen Branch and west of Peppenhorst Branch only Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area Fort de Chartres Historic Site Harry "Babe" Woodyard State Natural Area Horseshoe Lake Conservation Area




I & M Canal State Park Kaskaskia River Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) Kickapoo State Recreation Area Kidd Lake State Natural Area Lake Murphysboro State Park Lake Shelbyville − Kaskaskia and West Okaw Management Areas (no more than 50 traps may be used per permit) Lowden State Park − Kilbuck Creek Habitat Area Meeker State Habitat Area (obtain permit at Sam Parr State Park headquarters) Mermet Lake Fish and Wildlife Area Middle Fork State Fish and Wildlife Area Mississippi River Fish and Waterfowl Area (Pools 25, 26) (land sets accessed by land only allowed during duck season; water sets allowed after duck season closes) Moraine Hills State Park (water sets only; only body-gripping traps with a jaw spread of 5 inches or less may be used; no more than two persons may enter drawing on a single card) Moraine View State Park (no more than 2 persons may enter drawing on a single card) Peabody River King Fish and Wildlife Area (east, west, and south subunits only)




Pyramid State Park – East Conant Unit Pyramid State Park – Galum Unit Randolph County Conservation Area Sanganois Fish and Wildlife Area South Shore State Park Ten Mile Creek State Fish and Wildlife Area Turkey Bluffs Fish and Wildlife Area Washington County Conservation Area

d) Statewide regulations as provided for in this Part apply at the following sites

(exceptions in parentheses); in addition, a permit is required; only Egg Traps®, D-P (Dog-Proof) Traps®, box traps, cage traps, and traps of similar design may be used for land sets; only body-gripping traps with a jaw spread of 5 inches or less, foothold traps with a jaw spread of 4½ inches or less and square body-gripping traps with a 10 inch jaw spread may be used for water sets; snares may be used for water sets:

Anderson Lake Conservation Area Argyle Lake State Park Beaver Dam State Park Big Bend Fish and Wildlife Area (after the close of rabbit season foothold traps with a jaw spread of 7½ inches or less may be used for water sets) Coffeen Lake State Fish and Wildlife Area Coleta Ponds Dog Island Wildlife Management Area




Giant City State Park Hanover Bluff State Natural Area (water sets only) Hennepin Canal Parkway including Sinnissippi Lake (trappers must register at park office; no floats may be set more than 14 days prior to the season and must be removed at the conclusion of the season; no land sets) Hidden Springs State Forest Horseshoe Lake State Park – Madison County Horseshoe Lake State Park (Gabaret, Mosenthein and Chouteau Island Units (Madison County)) Jim Edgar Panther Creek State Fish and Wildlife Area (only Egg Traps®, D-P (Dog-Proof) Traps®, box traps, cage traps, traps of similar design, and homemade dog-proof traps; homemade dog-proof traps must be designed with a leg hold trap no larger than a number two size in an enclosed wood, metal or durable plastic container with a single access opening of no larger than 1½ inch diameter, and body-gripping traps must be completely submerged) Johnson-Sauk Trail State Park (no foothold water sets) Jubilee College State Park

Kankakee River State Park (trappers must wear blaze orange while checking traps; no trapping adjacent to bike or horse trails; south of the Kankakee River, only dog proof type traps may be used until the close of the upland hunting season; no trapping on campground areas until closed) Kishwaukee River State Fish and Wildlife Area (site trapping season ends on the last day of archery deer season) Lake Le-Aqua-Na State Park Little Rock Creek State Habitat Area




Mackinaw River State Fish and Wildlife Area (water sets only) Marshall County Fish and Wildlife Area Mautino State Fish and Wildlife Area (trappers must register at the Hennepin Canal office; no floats may be set more than 14 days prior to the season and must be removed at the conclusion of the season; no land sets) Morrison Rockwood State Park Pekin Lake State Fish and Wildlife Area (water sets only) Pyramid State Park – Captain Unit (no trapping on waterfowl refuge during waterfowl season; no foothold traps; body-gripping traps must be submerged) Pyramid State Park – Denmark Unit (no trapping on waterfowl refuge during waterfowl season; no foothold traps; body-gripping traps must be submerged) Ramsey Lake State Park Rock Cut State Park Saline County State Fish and Wildlife Area Sam Dale Lake Conservation Area Sahara Woods State Fish and Wildlife Area Sangchris Lake State Park Shabbona Lake State Park Sparland Fish and Wildlife Area Spoon River State Forest Spring Lake Conservation Area (water sets only)




Starved Rock/Matthiessen State Park Stephen A. Forbes State Park Trail of Tears State Forest Union County Conservation Area Weldon Springs State Park (permit required by site drawing)

e) Trapping is prohibited on all other Department-owned, -leased or -managed sites except by special permit which shall be issued by the Department when it is determined that the harvest of a species would enhance the biological balance of the resource. 1) All regulations shall be according to species regulations as provided for in

this Part. 2) Permit application information and site specific regulations shall be

announced publicly by the Department through the news media by September 1 of each year.

3) Site specific regulations shall be listed on the application and permit and

posted at the site. f) Violation of site specific regulations is a Class B misdemeanor (see 520 ILCS

5/2.30).





1) Heading of the Part: Dove Hunting 2) Code Citation: 17 Ill. Adm. Code 730 3) Section Number: Adopted Action: 730.20 Amendment 4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.9, 2.10 and

2.11 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.9, 2.10 and 2.11] 5) Effective Date of Amendment: June 26, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted rulemaking, including all material incorporated by reference, is on

file in the Department of Natural Resources' principal office and is available for public inspection.


agreements issued by JCAR? No agreements were necessary 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part is being amended to update the list of

sites open for hunting. 16) Information and questions regarding this adopted amendment shall be directed to: Bill Richardson, General Counsel




Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809 The full text of the Adopted Amendment begins on the next page:






PART 730 DOVE HUNTING

Section 730.10 Statewide Regulations 730.20 Regulations at Various Department-Owned or -Managed Sites 730.30 Youth and Youth/Adult Dove Hunts at Various Department-Owned or -Managed

Sites (Repealed) 730.40 Youth Dove Hunting AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.9, 2.10 and 2.11 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.9, 2.10 and 2.11]. SOURCE: Adopted at 5 Ill. Reg. 8792, effective August 25, 1981; codified at 5 Ill. Reg. 10644; amended at 6 Ill. Reg. 9631, effective July 21, 1982; emergency amendment at 6 Ill. Reg. 10040, effective August 2, 1982, for a maximum of 150 days; emergency expired December 30, 1982; amended at 7 Ill. Reg. 10767, effective August 24, 1983; emergency amendment at 7 Ill. Reg. 10999, effective August 24, 1983, for a maximum of 150 days; amended at 8 Ill. Reg. 13680, effective July 25, 1984; amended at 9 Ill. Reg. 11601, effective July 16, 1985; emergency amendment at 9 Ill. Reg. 14025, effective September 4, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 15590, effective September 16, 1986; amended at 11 Ill. Reg. 9526, effective May 5, 1987; amended at 11 Ill. Reg. 11346, effective June 10, 1987; amended at 12 Ill. Reg. 12186, effective July 15, 1988; amended at 13 Ill. Reg. 10513, effective June 15, 1989; amended at 14 Ill. Reg. 11193, effective June 29, 1990; amended at 15 Ill. Reg. 9951, effective June 24, 1991; amended at 16 Ill. Reg. 11041, effective June 30, 1992; amended at 17 Ill. Reg. 10761, effective July 1, 1993; amended at 18 Ill. Reg. 10009, effective June 21, 1994; amended at 19 Ill. Reg. 10588, effective July 1, 1995; amended at 20 Ill. Reg. 10861, effective August 5, 1996; amended at 21 Ill. Reg. 11700, effective August 12, 1997; amended at 22 Ill. Reg. 14792, effective August 3, 1998; amended at 23 Ill. Reg. 9043, effective July 28, 1999; amended at 24 Ill. Reg. 8911, effective June 19, 2000; amended at 25 Ill. Reg. 11373, effective August 14, 2001; amended at 26 Ill. Reg. 13590, effective September 3, 2002; amended at 27 Ill. Reg. 12666, effective July 21, 2003; amended at 28 Ill. Reg. 12865, effective September 1, 2004; amended at 29 Ill. Reg. 9797, effective June 24, 2005; amended at 30 Ill. Reg. 12251, effective June 28, 2006; amended at 31 Ill. Reg. 11738, effective July 27, 2007; amended at 32 Ill. Reg. 14857, effective August 27, 2008; amended at 33 Ill. Reg. 9702, effective June 26, 2009.




Section 730.20 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) General Regulations

1) Hunters shall possess only bismuth or lead shot size #7½, 8, 9 or size #6

steel or smaller for taking of doves, except as noted under subsection (b)(2), and except these restrictions do not apply during the November portion of dove season.

2) Only non-toxic shot (as defined by the U.S. Fish and Wildlife Service in

50 CFR 20), #6 steel shot or #7½ bismuth shot or smaller may be possessed on the following areas:

Anderson Lake Conservation Area Banner Marsh State Fish and Wildlife Area Big Bend State Fish and Wildlife Area (#) Cache River State Natural Area Cape Bend State Fish and Wildlife Area Carlyle Lake Wildlife Management Area (subimpoundments only) Chain O'Lakes State Park Clinton Lake State Recreation Area (dove management fields only) Des Plaines Conservation Area Double T State Fish and Wildlife Area Eldon Hazlet State Park (#)




Green River State Wildlife Area Hennepin Canal Parkway State Park Horseshoe Lake Conservation Area (Alexander County) Horseshoe Lake State Park (Madison County) (#) Horseshoe Lake State Park (Madison County) Gabaret, Mosenthein, Chouteau Island Unit (#) Johnson-Sauk Trail State Park Jubilee College State Park Kankakee River State Park (#) Kaskaskia River State Fish and Wildlife Area (designated areas) Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Areas (waterfowl management units and designated non-toxic shot units only) Mackinaw River State Fish and Wildlife Area Marshall State Fish and Wildlife Area (#) Mautino State Fish and Wildlife Area Mazonia State Fish and Wildlife Area (#) Mississippi River State Fish and Wildlife Area (Pools 25 and 26) Moraine View State Park Mt. Vernon Game Propagation Center (#) Peabody River King State Fish and Wildlife Area




Pyramid State Park – Captain Unit Pyramid State Park – Denmark Unit Pyramid State Park – East Conant Unit Pyramid State Park – Galum Unit Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake Sam Parr State Fish and Wildlife Area (#) Sand Prairie Pheasant Habitat Area Sanganois State Fish and Wildlife Area Sangchris Lake State Park Shabbona Lake State Park Silver Springs State Fish and Wildlife Area Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area Spoon River State Forest Ten Mile Creek State Fish and Wildlife Area (areas posted as rest area on the Eads and Belle Rive Units) Union County Conservation Area

3) On areas where hunters are required to hunt from marked or staked sites, hunters must hunt within 10 feet of the marked site.

4) No hunting is allowed within 100 yards of a designated dove management

field except for hunters who are part of the hunter quota for that field.




5) At sites indicated by (#), hunters are required to check in and/or sign out as provided in 17 Ill. Adm. Code 510.

6) At sites where additional regulations apply, they are noted in parentheses

after the site name. 7) Hunting hours and hunting dates at all sites that are open during the

upland game season shall coincide with hunting hours and hunting dates listed for the respective sites listed in 17 Ill. Adm. Code 530.

c) Statewide season regulations as provided for in this rule shall apply at the

following sites:

Argyle Lake State Park (season opens day after Labor Day) (#) Cache River State Natural Area (#) Campbell Pond Wildlife Management Area (#) Cape Bend State Fish and Wildlife Area (#) Carlyle Lake Lands and Waters – Corps of Engineers managed lands (#) Chauncey Marsh (permit required; may be obtained at Red Hills State Park headquarters; permits must be returned by 15 February) Corps of Engineers managed areas of Rend Lake Cypress Pond State Natural Area (#) Deer Pond State Natural Area Devil's Island State Fish and Wildlife Area Dog Island Wildlife Management Area (#) Ferne Clyffe State Park (#) Ft. de Chartres State Historic Site (muzzleloading shotgun only) (#)




Ft. Massac State Park (#) Freeman Mine (permit required) Marshall State Fish and Wildlife Area (#) Mazonia State Fish and Wildlife Area (season closes September 30) (#) Meeker State Habitat Area (permit required; may be obtained at Sam Parr State Fish and Wildlife Area headquarters; must be returned by February 15) Mermet Lake State Fish and Wildlife Area (#) Mississippi River Pools 16, 17 and 18 Mississippi River Pools 21, 22, 24 Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26) Oakford Conservation Area Ray Norbut State Fish and Wildlife Area (#) Red Hills State Park (#) Sahara Woods State Fish and Wildlife Area (#) Sand Ridge State Forest (permit required; must be returned by February 15) Sangamon County Conservation Area Sielbeck Forest Natural Area (#) Spoon River State Forest (#)




Tapley Woods State Natural Area (#) Trail of Tears State Forest (#) Weinberg-King State Park – Spunky Bottoms Unit (#) Wildcat Hollow State Forest

d) Statewide regulations as provided in this Part shall apply at the following sites

except that hunting hours are 12 noon to 5 p.m. daily September 1-5; season closes September 30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Banner Marsh State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise; black powder firearms only on September 2) (#) Double T State Fish and Wildlife Area (#) Hennepin Canal State Park (#) Iroquois County Wildlife Management Area (#) Jubilee College State Park (hunting allowed only on opening day, Saturdays, Sundays, Wednesdays and holidays) (#) Mautino State Fish and Wildlife Area (#) Morrison Rockwood State Park (#) Sam Dale Lake Conservation Area (#) Sanganois State Fish and Wildlife Area Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

e) Statewide regulations as provided for in this Part shall apply at the following sites,

except that hunting hours are 12 noon to 5 p.m. daily September 1-5. A drawing




will be held at 11 a.m. if more hunters show up than can be accommodated.

Anderson Lake Conservation Area (#) Big Bend State Fish and Wildlife Area Big River State Forest (#) Carlyle Lake Wildlife Management Area (#) Chain O'Lakes State Park (closes September 5) (#) Clinton Lake State Recreation Area (dove management fields only) (#) Eldon Hazlet State Park (closes October 14) (#) Fox Ridge State Park (dove management fields only)

Harry "Babe" Woodyard State Natural Area (permit required) (#) Hidden Springs State Forest (dove management fields only) Horseshoe Lake State Fish and Wildlife Area (Alexander County) (season closes at the end of the first statewide split season) (#) Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closes October 14; the defined Baldwin Lake Waterfowl Rest Area is closed) (#) Kinkaid State Fish and Wildlife Area (#) Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Areas (dove management fields only) Marseilles State Fish and Wildlife Area (after Labor Day, site is closed on Fridays, Saturdays, and Sundays through October; hunters must leave their guns at the stake site when retrieving downed birds; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking




lots) (#) Middle Fork State Fish and Wildlife Area (dove management fields only) (#) Moraine View State Park (dove management fields only; season closes October 14) (#) Newton Lake Fish and Wildlife Area (dove management units) (#) Peabody River King State Fish and Wildlife Area (east subunit closes October 14) (#) Pyramid State Park (no dove hunting is allowed September 1-5 within 200 yards of a designated dove management field, except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (#) Pyramid State Park – Captain Unit (permit required; permit must be returned by February 15; successful lottery participants must report their daily harvest during September 1-5 in harvest boxes on each management unit; unsuccessful lottery participants and other hunters not participating in the lottery drawing may only hunt in designated areas during September 1-5 (i.e., all land west of the Western Haul Road and all land east of the Eastern Haul Road to the shore of Super Lake to South Haul Road); all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) Pyramid State Park – Denmark Unit (permit required; permit must be returned by February 15; successful lottery participants must report their daily harvest during September 1-5 in harvest boxes on each management unit; unsuccessful lottery participants and other hunters not participating in the lottery drawing may only hunt in designated areas during September 1-5 (i.e., all land south of Quonset Hut Road to Tangen Cemetery Road to Brushy Creek Road); all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the




lottery card shall be in the possession of the hunter or group while hunting) Pyramid State Park – East Conant Unit (permit required; permit must be returned by February 15; successful lottery participants must report their daily harvest during September 1-5 in harvest boxes on each management unit; no dove hunting is allowed September 1-5 within 200 yards of a designated dove management field except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) Pyramid State Park – Galum Unit (permit required; permit must be returned by February 15; successful lottery participants must report their daily harvest during September 1-5 in harvest boxes on each management unit; no dove hunting is allowed September 1-5 within 200 yards of a designated dove management field except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) Randolph County State Conservation Area (#) Ray Norbut State Fish and Wildlife Area (#) Siloam Springs State Park (#) Turkey Bluffs State Fish and Wildlife Area (#) Union County State Fish and Wildlife Area (season closes at the end of the first statewide split season) (#) Washington County Conservation Area (closes October 14) (#) Weinberg-King State Park (#)

f) Statewide regulations as provided for in this Part shall apply at the following sites,




except that hunting hours are 12 noon to 5 p.m. daily September 1-30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Crawford County State Fish and Wildlife Area (#) Hamilton County State Fish and Wildlife Area (#) Lake Le Aqua Na State Park (#) Saline County State Fish and Wildlife Area (#) Sam Parr State Fish and Wildlife Area (#) Shabbona Lake State Park (#) Skinner Farm State Habitat Area (#) Stephen A. Forbes State Park (season opens day after Labor Day) (#)

g) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily. Hunting is allowed on opening day, Wednesday, and Saturday only. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Giant City State Park (#) Saline County State Fish and Wildlife Area (#)

h) Statewide regulations apply except that hunting hours are 12 noon to 5 p.m. from September 1-5; hunters must obtain a free permit from the Department; permits must be in possession while hunting on the site. Permit must be returned and harvest reported by February 15 or hunter will forfeit hunting privileges for that site for the following season.

Clinton Lake State Recreation Area (except dove management fields) Fox Ridge State Park (except dove management units; shooting hours after September 5 are 12 noon to sunset)




Hidden Springs State Forest (except dove management fields) Kickapoo State Park Lake Shelbyville – Eagle Creek State Park (season opens day after Labor Day; closes October 14; shooting hours are 12 noon to sunset) Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Areas (except dove management fields; shooting hours after September 5 are 12 noon to sunset) Middle Fork State Fish and Wildlife Area (except dove management units) Moraine View State Park (except dove management fields; season closes October 14) Newton Lake Fish and Wildlife Area (except dove management units)

i) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are sunrise to 11:30 a.m. daily September 1-5; season closes September 30. A drawing will be held one hour before sunrise if more hunters show up than can be accommodated.

Johnson-Sauk Trail State Recreation Area (#)

Mt. Vernon Game Propagation Center (#)

Rend Lake State Fish and Wildlife Area (#) Ten Mile Creek State Fish and Wildlife Area (season closes on statewide

closing date; permit required; must be returned by February 15) j) Permit Areas

1) Permit Season Regulations

A) Permit season dates shall be September 1-5 and hunting hours are

12 noon to 5 p.m. at the sites listed at the end of this subsection.




B) Permit Applications Applicants must contact the Department to obtain a permit

reservation. Starting dates and methods for making reservations will be publicly announced. Applicants making reservations will be sent confirmation. Up to 6 reservations, but only one per applicant, may be made. Multiple reservations for the same person will not be accepted; further, persons attempting to make multiple reservations will forfeit the privilege to obtain a reservation for that season.

C) Each person may apply for only one area and receive one permit

per season. An applicant may reapply only if his previous application was unsuccessful.

D) Hunting at these areas is by special permit only for the first five

days of the season; thereafter, no permits are required for hunting these sites, except at Jim Edgar Panther Creek State Fish and Wildlife Area as indicated in subsection (i)(3). All permits will be issued from Springfield and not from the site, except at Panther Creek State Fish and Wildlife Area as indicated in subsection (i)(3).

E) Check in time for registration shall be between 9 a.m. and 11 a.m.

each day. Openings after 11 a.m. will be filled by drawing for standbys if more hunters register than there are vacancies.

F) All hunters must wear a DNR issued backpatch.

2) Non-Permit Season Regulations

A) Non-permit season shall be September 6-30 except as indicated in

parentheses. B) Non-permit hunting hours shall be 12 noon to sunset except as

indicated in parentheses. C) No permits are required except as indicated in parentheses. D) Check in and check out is required except as indicated in




parentheses. E) Hunter quotas will be filled on a first come-first served basis.

3) Sites

Coffeen Lake State Fish and Wildlife Area (non-permit hunting hours are 12 noon to 5:00 p.m.)

Des Plaines Conservation Area (non-permit hunting hours are 12 noon to 5 p.m.) Edward R. Madigan State Park Green River State Wildlife Area/Sand Prairie Habitat Area (non-permit hunting hours are sunrise to sunset) Horseshoe Lake State Park (Madison County) (non-permit hunting hours are 12 noon to 5 p.m.) Horseshoe Lake State Park (Madison County) Gabaret, Mosenthein, Chouteau Island Unit (non-permit hunting hours are 12 noon to 5:00 p.m. September 6 through October 14) Jim Edgar Panther Creek State Fish and Wildlife Area (for days 6 through 10 of the season, hunting hours are noon to 6:00 p.m. and hunters must check in and out at the site office; permit required as indicated in subsection (i) for days 11 through the end of the statewide dove season; hunting hours for days 11 through the end of the statewide dove season are sunrise to sunset; on the Controlled Unit only those hunters engaged in the controlled pheasant hunting program may take doves during the November portion of the dove season; on the Quail Management Unit only those hunters with Quail Management Unit Permits may take doves during the November portion of the dove season) Kankakee River State Park Mackinaw River State Fish and Wildlife Area (non-permit hunting hours sunrise to sunset; each permit authorizes the holder to bring one hunting




partner) Matthiessen State Park (non-permit hunting hours are sunrise to sunset) Ramsey Lake State Park (non-permit hunting hours are 12 noon to 5 p.m.) Sangchris Lake State Park (closed after Sunday of the third weekend in September; designated fields will be open from sunrise to 12 noon starting the 6th day of the dove season) Silver Springs State Park (closed during National Hunting and Fishing Day Weekend)

k) Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.20). (Source: Amended at 33 Ill. Reg. 9702, effective June 26, 2009)




1) Heading of the Part: Crow, Woodcock, Snipe, Rail and Teal Hunting 2) Code Citation: 17 Ill. Adm. Code 740 3) Section Number: Adopted Action:

740.20 Amendment 4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2,

2.18, 2.26, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5] and Migratory Bird Hunting (50 CFR 20, August 25, 1987)

5) Effective Date of Amendment: June 26, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendment, including any material incorporated by reference, is

on file in the Department of Natural Resources' principal office and is available for public inspection.


agreements issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part was amended to update open sites and

site-specific regulations for the 2009 hunting season. 16) Information and questions regarding this adopted amendment shall be directed to:




Bill Richardson, General Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809







PART 740 CROW, WOODCOCK, SNIPE, RAIL AND TEAL HUNTING

Section 740.10 Statewide Regulations 740.20 Regulations at Various Department-Owned or -Managed Sites AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5] and Migratory Bird Hunting (50 CFR 20, August 25, 1987). SOURCE: Adopted at 5 Ill. Reg. 8896, effective August 25, 1981; codified at 5 Ill. Reg. 10645; amended at 6 Ill. Reg. 357, effective December 23, 1981; amended at 6 Ill. Reg. 9648, effective July 21, 1982; amended at 7 Ill. Reg. 8815, effective July 15, 1983; amended at 8 Ill. Reg. 16796, effective August 30, 1984; amended at 9 Ill. Reg. 11620, effective July 16, 1985; peremptory amendments at 9 Ill. Reg. 14383, effective September 5, 1985; amended at 10 Ill. Reg. 15607, effective September 16, 1986; amended at 11 Ill. Reg. 9575, effective May 5, 1987; emergency amendments at 11 Ill. Reg. 15253, effective August 28, 1987, for a maximum of 150 days; emergency expired January 25, 1988; amended at 12 Ill. Reg. 12261, effective July 15, 1988; amended at 13 Ill. Reg. 12869, effective July 21, 1989; amended at 14 Ill. Reg. 11207, effective June 29, 1990; amended at 15 Ill. Reg. 10057, effective June 24, 1991; amended at 16 Ill. Reg. 11162, effective June 30, 1992; amended at 17 Ill. Reg. 10877, effective July 1, 1993; amended at 18 Ill. Reg. 9998, effective June 21, 1994; amended at 19 Ill. Reg. 10577, effective July 1, 1995; amended at 20 Ill. Reg. 10851, effective August 5, 1996; amended at 21 Ill. Reg. 9061, effective June 26, 1997; amended at 22 Ill. Reg. 14782, effective August 3, 1998; amended at 23 Ill. Reg. 9033, effective July 28, 1999; amended at 24 Ill. Reg. 8901, effective June 19, 2000; amended at 25 Ill. Reg. 11364, effective August 14, 2001; amended at 26 Ill. Reg. 13605, effective September 3, 2002; amended at 28 Ill. Reg. 12882, effective September 1, 2004; amended at 29 Ill. Reg. 9814, effective June 27, 2005; amended at 30 Ill. Reg. 12267, effective June 28, 2006; amended at 31 Ill. Reg. 9199, effective June 18, 2007; amended at 32 Ill. Reg. 10125, effective June 30, 2008; amended at 33 Ill. Reg. 9719, effective June 26, 2009. Section 740.20 Regulations at Various Department-Owned or -Managed Sites

a) All the rules in 17 Ill. Adm. Code 510 apply in this Section, unless this Section is




more restrictive. Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.20).

b) Woodcock, snipe and rail hunting; statewide regulations as provided for in this

Part shall apply at the following areas (exceptions are in parentheses):

Anderson Lake Conservation Area (closed 7 days before duck season) Big Bend State Fish and Wildlife Area Big River State Forest Cache River State Natural Area Campbell Pond Wildlife Management Area Cape Bend State Fish and Wildlife Area Carlyle Lake Lands and Waters – Corps of Engineers managed lands Carlyle Lake Wildlife Management Area (sub-impoundment area closes 7 days prior to the southern zone waterfowl season) Crawford County Conservation Area Cypress Pond State Natural Area Deer Pond State Natural Area Devil's Island Dog Island Wildlife Management Area Eldon Hazlet State Park (North of Allen Branch and west of Peppenhorst Branch only) Ferne Clyffe State Park Ft. de Chartres Historic Site (hunting with muzzleloading shotgun only)




Ft. Massac State Park Giant City State Park Hamilton County Conservation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) Horseshoe Lake Conservation Area (public hunting area except controlled goose hunting area) Iroquois County Wildlife Management Area (season closes the day before permit pheasant season; 4:00 p.m. daily closing; sign in/out required; closed to snipe hunting) Jubilee College State Park (season coincides with Jubilee Upland season, 17 Ill. Adm. Code 530.110) Kankakee River State Park (woodcock only; during the controlled pheasant hunting season, hunters must abide by those portions of 17 Ill. Adm. Code 530.105 and 530.110 which pertain to Kankakee River State Park) Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to waterfowl season; the defined Baldwin Lake Waterfowl Rest Area is closed) Kinkaid Lake Fish and Wildlife Area Marseilles State Fish and Wildlife Area (woodcock only; Monday-Thursday only through October; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) Mermet Lake Fish and Wildlife Area Mississippi River Fish and Waterfowl Management Area (Pools 25 and 26)




Mississippi River Pools 16, 17, and 18 Mississippi River Pools 21, 22 and 24 Oakford Conservation Area Peabody River King State Fish and Wildlife Area (West subunit only; woodcock only) Pyramid State Park Ramsey Lake State Park (statewide hours until rabbit season begins; then 8:00 a.m. to 4:00 p.m.) Randolph County Conservation Area (woodcock only) Ray Norbut State Fish and Wildlife Area Red Hills State Park Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake Rice Lake Wildlife Area (season open during teal season only; sunrise until 1:00 p.m.) Sahara Woods State Fish and Wildlife Area Saline County Fish and Wildlife Area Sam Dale Lake Conservation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) Sam Parr State Park (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) Sand Ridge State Forest (During the controlled pheasant hunting season, hunters must abide by those portions of 17 Ill. Adm. Code 530.105 and 530.110 which pertain to Sand Ridge State Forest)




Sielbeck Forest Natural Area Skinner Farm State Habitat Area Snake Den Hollow Fish and Wildlife Area/Victoria Pheasant Habitat Area (closes September 30) Stephen A. Forbes State Park (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) Tapley Woods State Natural Area (closed during firearm deer season) Trail of Tears State Forest Turkey Bluffs Fish and Wildlife Area Union County Conservation Area (Firing Line Management Area only) Washington County Conservation Area (woodcock only) Weinberg-King State Park Weinberg-King State Park – Spunky Bottoms Unit (check-in/check-out required) Wildcat Hollow State Forest

c) Woodcock, snipe and rail hunting permitted, exceptions as noted in parentheses.

Hunters must obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by February 15 will result in loss of hunting privileges at that site for the following year.

Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters) Clinton Lake State Recreation Area (4:00 p.m. daily closing) Fox Ridge State Park (woodcock only; 4:00 p.m. daily closing)




Harry "Babe" Woodyard State Natural Area (woodcock only; closes October 31) Hidden Springs State Forest (4:00 p.m. daily closing) Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required) Jim Edgar Panther Creek State Fish and Wildlife Area (hunters are restricted to the Open Units portion of the site during the controlled pheasant season, except those hunters who possess a valid Quality Unit or Controlled Unit permit) Kickapoo State Park (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) Lake Shelbyville – Eagle Creek State Park (woodcock only; 4:00 p.m. daily closing; closes opening day of site's pheasant season) Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Area (4:00 p.m. daily closing) Meeker State Habitat Area (obtain permit at Sam Parr State Park headquarters) Middle Fork Fish and Wildlife Area (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) Moraine View State Park (woodcock only; 4:00 p.m. daily closing; season closes the day before site's controlled pheasant season) Newton Lake State Fish and Wildlife Area (woodcock only; closed during firearm deer season) Pyramid State Park − Captain Unit (open to hunters with a quality upland permit, daily draw waterfowl permit and site permit) Pyramid State Park − Denmark Unit (open to hunters with a quality




upland permit, daily draw waterfowl permit and site permit) Pyramid State Park − East Conant Unit (open to hunters with a quality upland permit, daily draw waterfowl permit and site permit) Pyramid State Park − Galum Unit (permit required; must be returned by February 15) Sanganois State Fish and Wildlife Area Ten Mile Creek Fish and Wildlife Area (non-toxic shot only for woodcock hunting in waterfowl rest areas)

d) Teal hunting; statewide regulations as provided for in this Part shall apply on the

following sites, except no permanent blinds allowed except as authorized in 17 Ill. Adm. Code 590.15, 590.20, 590.40 and 590.50 (exceptions are in parentheses):

Anderson Lake Conservation Area Blanding Wildlife Area Cache River State Natural Area Campbell Pond Wildlife Management Area Cape Bend State Fish and Wildlife Area Carlyle Lake Lands and Waters – Corps of Engineers managed lands (waters of Peppenhorst Branch and Allen Branch north of the buoys only) Carlyle Lake Wildlife Management Area (teal hunting prohibited east of Kaskaskia River from the Cox's Bridge Access north to DNR property boundary) Chain O'Lakes State Park (hunting is allowed only from numbered blind sites; the blinds need not be completed) Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters)




Clinton Lake State Recreation Area (hunting in waterfowl areas East of Parnell Bridge and North of Route 54 only) Coffeen Lake State Fish and Wildlife Area (hunters must sign in prior to hunting and sign out reporting harvest at the end of each day; hunting from staked sites only; no permanent blinds; hunting by boat access only; no cutting vegetation on site; hunting north of North 6th AvenueCounty Road N6th only; four hunters per blind site; no fishing north of North 6th AvenueCounty Road N6th during this season) Cypress Pond State Natural Area Deer Pond State Natural Area Des Plaines Conservation Area (hunting is allowed only from numbered blind sites; the blinds need not be completed) Devil's Island Dog Island Wildlife Management Area Eldon Hazlet State Park – North Allen Branch Waterfowl Management Area Ft. de Chartres Historic Site (hunting is allowed from anchored, portable boat blinds only) Horseshoe Lake Conservation Area – Public Hunting Area (Alexander County) Horseshoe Lake State Park (Madison County) (hunting is allowed only from numbered blind sites; blind builders must claim their blinds ½ hour before shooting time each day or blind is open to the public; blinds need not be completed) Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required)




Kaskaskia River State Fish and Wildlife Area (the defined Baldwin Lake Waterfowl Rest Area is closed) Kidd Lake State Natural Area (hunters must check in and out and report harvest each day; hunter quota filled on a first come-first served basis; cutting of vegetation is prohibited) Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Areas (site permit described in subsection (c) applies) Lake Shelbyville – Corps of Engineers Managed Lands and Waters Lake Sinnissippi Fish and Wildlife Area (hunting is allowed only from numbered blind sites; blind builders must claim their blinds ½ hour before shooting time each day or blind is open to the public; blinds need not be completed) Marshall State Fish and Wildlife Area – all management units (check-in and check-out required) Meredosia Lake Mississippi River Fish and Waterfowl Management Area (Mississippi River Pools 25 and 26) (blind builders must claim their blinds ½ hour before shooting time or the blind is open for that day's hunt; no hunting allowed in the designated Batchtown waterfowl rest area, Crull Hollow waterfowl rest area and Godar waterfowl rest area) Mississippi River Pools 16, 17 and 18 Mississippi River Pools 21, 22 and 24 Oakford Conservation Area Pyramid State Park − Captain Unit (permit required; must be returned by February 15; hunting not allowed in Captain Unit waterfowl rest area) Pyramid State Park − Denmark Unit (permit required; must be returned by February 15; hunting not allowed in Denmark Unit waterfowl rest area)




Pyramid State Park − Galum Unit (permit required; must be returned by February 15) Ray Norbut Fish and Wildlife Area Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake Rice Lake Fish and Wildlife Area (check in and check out required; sunrise until 1:00 p.m.) Saline County Fish and Wildlife Area Sanganois State Fish and Wildlife Area (permit required) Snake Den Hollow Fish and Wildlife Area/Victoria Pheasant Habitat Area Stephen A. Forbes State Park (walk-in hunting in the subimpoundment only) Ten Mile Creek State Fish and Wildlife Area (permit required) Turkey Bluffs State Fish and Wildlife Area Union County Conservation Area (public hunting area and firing line unit only) Weinberg-King State Park – Spunky Bottoms Unit (check-in/check-out required) Woodford Fish and Wildlife Area

e) Crow Hunting

1) Statewide regulations as provided for in this Part shall apply at the

following sites (season dates in parentheses):

Anderson Lake Conservation Area




Big Bend State Fish and Wildlife Area Big River State Forest Green River State Wildlife Area (January 1 through statewide closing) Hamilton County State Fish and Wildlife Area Jim Edgar Panther Creek State Fish and Wildlife Area (East and West Open Units) Mississippi River Pools 16, 17, 18 Mississippi River State Fish and Wildlife Area (Pools 25 and 26) Pyramid State Park – Captain Unit (no hunting in waterfowl rest area; permit required, must be returned by February 15) Pyramid State Park – Denmark Unit (no hunting in waterfowl rest area; permit required, must be returned by February 15) Pyramid State Park – East Conant Unit (permit required, must be returned by February 15) Pyramid State Park – Galum Unit (permit required, must be returned by February 15) Ray Norbut Fish and Wildlife Area Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake Sanganois State Fish and Wildlife Area (day after Canada goose season closes through statewide closing; nontoxic shot only; permit required) Spoon River State Forest (all hunters must sign in/sign out)




Stephen A. Forbes State Park Weinberg-King State Park – Spunky Bottoms Unit (check-in/check-out required)

2) Crow hunting permitted, exceptions as noted in parentheses. Hunters must

obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by March 15 will result in loss of hunting privileges at that site for the following year:

Horseshoe Lake State Park (Madison County) (begins the day after controlled pheasant hunting closes through the end of February) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit Sand Ridge State Forest Ten Mile Creek Fish and Wildlife Area (non-toxic shot only for crow hunting in waterfowl rest areas)

3) All hunters must make a reasonable effort to retrieve downed birds. All

crows must be removed from the site by the hunter. (Source: Amended at 33 Ill. Reg. 9719, effective June 26, 2009)


DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED REPEALER

1) Heading of the Part: Baccalaureate Assistance for Registered Nurses 2) Code Citation: 77 Ill. Adm. Code 595 3) Section Numbers: Adopted Action: 595.10 Repealed 595.100 Repealed 595.110 Repealed 595.200 Repealed 595.210 Repealed 595.300 Repealed 595.310 Repealed 595.320 Repealed 4) Statutory Authority: Implemented and authorized by the Baccalaureate Assistance Law

for Registered Nurses [110 ILCS 915] 5) Effective Date of Repealer: June 29, 2009 6) Does this repealer contain an automatic repeal date? No 7) Does this repealer contain incorporations by reference? No 8) A copy of the adopted repealer is on file in the agency's principal office and is available

for public inspection. 9) Notice of Proposed Repealer Published in Illinois Register: December 19, 2008; 32 Ill.

Reg. 19449 10) Has JCAR issued a Statement of Objection to this repealer? No 11) Differences between proposal and final version: No public comments were received

during the first notice period. Thus, no changes were made to the proposal. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements issued by JCAR? No changes were requested. 13) Will this repealer replace any emergency rulemaking currently in effect? No


DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED REPEALER

14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Repealer: These rules implemented the Baccalaureate

Assistance Law for Registered Nurses, which was repealed. The Nursing Education Scholarship Law [110 ILCS 975] has been enacted to replace the repealed law, and new rules (Nursing Education Scholarships – 77 Ill. Adm. Code 597) have been adopted.

16) Information and questions regarding this adopted repealer shall be directed to:

Susan Meister Division of Legal Services Department of Public Health 535 West Jefferson, 5th Floor Springfield, Illinois 62761 217/782-2043 E-mail: [email protected]


ENVIRONMENTAL PROTECTION AGENCY


1) Heading of the Part: Permit Fees for Installing or Extending Water Main 2) Code Citation: 35 Ill. Adm. Code 690 3) Section Numbers: Adopted Action:

690.102 Amendment 690.103 Amendment 690.201 Amendment 690.203 Amendment 690.301 Amendment 4) Statutory Authority: Implementing and authorized by Section 16.1 of the Environmental

Protection Act [415 ILCS 5/16.1] 5) Effective Date of Rulemaking: June 25, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted rulemaking, including any materials incorporated by reference, is

on file in the Illinois Environmental Protection Agency's principal office and is available for public inspection.

9) Notice of Proposal Published in the Illinois Register: December 26, 2008; 32 Ill. Reg.

19849 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: Section 690.102(b)(3)(B) − Restored

"Section 16.1(f) of the Act)". 12) Have all the changes agreed upon by the agency and JCAR been made as indicated the

agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency rule currently in effect? No 14) Are there any amendments pending on this Part? No




15) Summary and Purpose of Rulemaking: This rulemaking establishes the procedures for the collection of fees for construction permits, emergency construction permits, or as-built plans to install or extend water mains. The amendments were needed to formally incorporate the new fee adopted in June 2003 and make updates to the rule language since no amendments had been done to Part 690 since 1990.

16) Information and questions regarding this adopted rulemaking shall be directed:

Stefanie Diers, Assistant Counsel Illinois Environmental Protection Agency

1021 North Grand Avenue East P.O. Box 19726 Springfield, Illinois 62794-9276

217/782-5544

The full text of the Adopted Amendments begins on the next page:




TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 690 PERMIT FEES FOR INSTALLING OR EXTENDING WATER MAIN

SUBPART A: GENERAL

Section 690.101 Purpose 690.102 Applicability 690.103 Definitions 690.104 Relation to Other Fee Systems 690.105 Severability

SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES

Section 690.201 Amount of the Fee 690.202 Permit Application Modifications 690.203 Manner of Payment 690.204 Prohibition Against Refund 690.205 Audit and Access to Records

SUBPART C: PROCEDURES FOR PROCESSING PERMIT APPLICATIONS FOR WHICH FEES APPLY

Section 690.301 Permit Applications Containing the Entire Fee 690.302 Permit Applications Not Containing the Entire Fee AUTHORITY: Implementing and authorized by Section 16.1 of the Environmental Protection Act [415 ILCS 5/16.1, as added by P.A. 93-32, effective July 1, 2003]. SOURCE: Adopted at 14 Ill. Reg. 2070, effective January 18, 1990; amended at 33 Ill. Reg. 9735, effective June 25, 2009.

SUBPART A: GENERAL




Section 690.102 Applicability

a) Except as provided otherwise in subsection (b), this Part applies to each applicant: 1) For a construction permit under Title IV of the Act, or 35 Ill. Adm. Code:

Subtitle F, to install or extend water main; 2) Who submits as-built plans under Title IV of the Act, or 35 Ill. Adm.

Code: Subtitle F, to install or extend water main; or 3) For an emergency construction permit under Title IV of the Act, or 35 Ill.

Adm. Code: Subtitle F, to install or extend water main. b) No fee shall be due under this Section from:This part does not apply to

1) The installation or extension of water main that is not more than 200 feet

in length.2)Any departmentAny Department, agency or unit of Statestate government for installing or extending a water main;

23) AnyAny unit of local government with which the Agency has entered into

a written delegation agreement under Section 4 of the Act which allows such unit to issue construction permits under Title IVTitle IV of the Act, or regulations adopted under Title IVthereunder, for installing or extending a water main; or

34) AnyAny unit of local government for installing or extending a water main

where bothall of the following conditions are met: A) TheThe cost of the installation or extension is paid wholly from

monies of the unit of local government or school district, Statestate grants or loans, federal grants or loans, or any combination thereof; and

B) TheThe unit of local government or school district is not given

monies, reimbursed or paid, either in whole or in part, by another person (except for Statestate grants or loans or federal grants or loans), for the installation or extension. (Section 16.1(f) of the Act); and




C) The applicant certifies in the construction permit application that

subsections (b)(3)(A) and (b)(3)(B) have been met.

(Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009) Section 690.103 Definitions

a) Unless specified otherwise, all terms shall have the meaning set forth in the Act. b) For purposes of this Part, the following definitions apply:

"Act" means the Environmental Protection Act [415 ILCS 5](Ill. Rev. Stat. 1987, ch. 111½, pars. 1001 et seq.).

"Agency" means the Illinois Environmental Protection Agency.

"Applicant" means a person who applies for a construction permit or emergency construction permit to install or extend water main, or who submits as-built plans to install or extend water main, pursuant to Title IV of the Act or 35 Ill. Adm. Code: Subtitle F.

"Fee" means the fee prescribed by Section 16.1 of the Act.

"Water Main" means any pipe that is to be used for the purpose of distributing potable water which serves or is accessible to more than one property, dwelling, or rental unit, and that is exterior to buildings. (Section 16.1(h) of the Act)


SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES Section 690.201 Amount of the Fee

a) Each applicant subject to this Part pursuant to Section 690.102 shall pay a fee along with the permit application or as-built plan.

b) The amount of the fee is as follows:




1) $240120 if the construction permit application or as-built plan is to install or extend water main that is more than 200 feet, but not more than 1000 feet in length;

2) $720360 if the construction permit application or as-built plan is to install

or extend water main that is more than 1000 feet but not more than 5000 feet in length;

3) $1200600 if the construction permit application or as-built plan is to

install or extend water main that is more than 5000 feet in length. (Section 16.1(d) of the Act)


Section 690.203 Manner of Payment

a) Except as provided otherwise in subsection (b), payment of the fee must be by check or money order payable to "Treasurer, State of Illinois" and shall be submitted along with the permit application or as-built plans to: Illinois Environmental Protection Agency Division of Public Water Supplies 1021 North Grand Avenue East2200 Churchill Road P.O. Box 19276 Springfield, Illinois 62794-9276

b) Each applicant for an emergency construction permit under Title IV of the Act,

or regulations adopted thereunder, to install or extend a water main shall submit the appropriate fee due under Section 690.201 to the Agency within 10 calendar days from the date of issuance of the emergency construction permit. (Section 16.1(c) of the Act)

c) Payment shall not include any fees due to the Agency for any purpose other than

the fee due under Section 690.201. (Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009)

SUBPART C: PROCEDURES FOR PROCESSING PERMIT APPLICATIONS




Section 690.301 Permit Applications Containing the Entire Fee

a) Applications received by the Agency will be logged in and assigned a receipt date and number if the following conditions are met: 1) The application is complete in accordance with Title IV of the Act and

regulations adopted thereunder; and 2) The entire fee due under Section 690.201 is included with the application.

b) TheThe Agency shall, not later than 45 days following the receipt of both an

application for a water main extension construction permit and the fee required by this Part, either approve that application and issue a permit or tender to the applicant a written statement setting forth with specificity the reasons for the disapproval of the application and denial of a permit in accordance with Section 39(a) of the Act. If there is no final action by the Agency within 45 days after the filing of the application for a permit, the applicant may deem the permit issued. (Section 16.1(i) of the Act)

c) If modifications to the permit application are received by the Agency from the

applicant within 90 days of the date of permit denial in accordance with subsection (b), and if such modifications would allow approval of the application, a permit will be issued without additional fees becoming due under this Part, unless the modifications cause the length of water main to increase beyond the length specified in the permit application before the modifications. If the modifications cause such an increase and the increase results in additional fees being due under Section 690.201, the applicant shall submit the additional fee to the Agency with the modifications.

d) Except in those cases where permit denial has been appealed to the Illinois

Pollution Control Board in accordance with Section 40 of the Act, modifications received by the Agency more than 90 days after the date of permit denial in accordance with subsection (b) shall be considered new applications subject to the fees specified in Section 690.201.



ILLINOIS STUDENT ASSISTANCE COMMISSION NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: General Provisions 2) Code Citation: 23 Ill. Adm. Code 2700 3) Section Numbers: Adopted Action: 2700.20 Amendment

2700.70 Amendment 4) Statutory Authority: Implementing the Higher Education Student Assistance Act [110

ILCS 947]; Title IV of the Higher Education Act of 1965, as amended (20 USC 1070 et seq., as amended by P.L. 105-244); and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/20(f)]

5) Effective date of amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of these adopted amendments, including any material incorporated by reference,

is on file in the agency's principal office and is available for public inspection. 9) Notice of proposal published in Illinois Register: February 6, 2009; 33 Ill. Reg. 2073 10) Has JCAR issued a Statement of Objection to this rulemaking? No

Differences between proposed and final version: No changes were made to the proposed rulemaking after initial publication.

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? No agreements were necessary. 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and purpose of Rulemaking: In Section 2700.20, the definition of Golden

Apple Scholars of Illinois has been added as a result of Public Act 95-939, which stipulates that, in each year, a minimum of 200 Illinois Future Teacher Corps (IFTC)



Program awards shall be allocated to participants in the Golden Apple Scholars of Illinois program. In Section 2700.70, a correction was made to a subsection referenced in (c).

16) Information and questions regarding these adopted amendments shall be directed to: Lynn Hynes Agency Rules Coordinator Illinois Student Assistance Commission 1755 Lake Cook Road Deerfield, IL 60015 PH: 847/948-8500 ext. 2216 FAX: 847/831-8327 email: [email protected] The full text of the Adopted Amendments begins on the following page:



TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION

CHAPTER XIX: ILLINOIS STUDENT ASSISTANCE COMMISSION

PART 2700 GENERAL PROVISIONS

Section 2700.10 Summary and Purpose 2700.15 Incorporations by Reference 2700.20 Definitions 2700.30 General Institutional Eligibility Requirements 2700.40 General Applicant Eligibility Requirements 2700.50 Determining Applicant Eligibility 2700.55 Use, Security and Confidentiality of Data 2700.60 Audits and Investigations 2700.70 Appeal Procedures 2700.80 Contractual Agreement Requirements AUTHORITY: Implementing the Higher Education Student Assistance Act [110 ILCS 947]; Title IV of the Higher Education Act of 1965, as amended (20 USC 1070 et seq., as amended by P.L. 105-244); and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/20(f)]. SOURCE: Adopted at 9 Ill. Reg. 20783, effective January 1, 1986; amended at 11 Ill. Reg. 3167, effective January 29, 1987; amended at 11 Ill. Reg. 14099, effective August 10, 1987; amended at 12 Ill. Reg. 11510, effective July 1, 1988; amended at 13 Ill. Reg. 8626, effective July 1, 1989; transferred from Chapter IX, 23 Ill. Adm. Code 1700 (State Scholarship Commission) to Chapter XIX, 23 Ill. Adm. Code 2700 (Illinois Student Assistance Commission) pursuant to P.A. 86-168, effective July 1, 1989, at 13 Ill. Reg. 17854; amended at 14 Ill. Reg. 10538, effective July 1, 1990; amended at 16 Ill. Reg. 11206, effective July 1, 1992; amended at 17 Ill. Reg. 10541, effective July 1, 1993; amended at 18 Ill. Reg. 10282, effective July 1, 1994; amended at 19 Ill. Reg. 8343, effective July 1, 1995; amended at 20 Ill. Reg. 9170, effective July 1, 1996; amended at 21 Ill. Reg. 11066, effective July 18, 1997; amended at 22 Ill. Reg. 11072, effective July 1, 1998; amended at 23 Ill. Reg. 7550, effective July 1, 1999; amended at 24 Ill. Reg. 9121, effective July 1, 2000; amended at 25 Ill. Reg. 8383, effective July 1, 2001; amended at 26 Ill. Reg. 9980, effective July 1, 2002; amended at 27 Ill. Reg. 10320, effective July 1, 2003; amended at 29 Ill. Reg. 9884, effective July 1, 2005; amended at 30 Ill. Reg. 11600, effective July 1, 2006; amended at 31 Ill. Reg. 9478, effective July 1, 2007; amended at 32 Ill. Reg. 10269, effective July 1, 2008; amended at 33 Ill. Reg. 9742, effective July 1, 2009.



Section 2700.20 Definitions

"Academic Level" – The classification of a student as a freshman, sophomore, junior, senior, or graduate student.

"Academic Year" – In relation to scholarship and grant programs, a twelve month period of time, normally from August or September of any year through August or September of the ensuing year. In relation to the Federal Family Education Loan Program, academic year is defined at Section 481(d)(2) of the Higher Education Act of 1965, as amended (HEA), and at 34 CFR 668.3.

"Alternative Loan" – Any educational loan made or purchased by ISAC other than a loan made pursuant to Title IV of the Higher Education Act of 1965, as amended (20 USC 1071 et seq.), or any other federal statute providing for federal insurance of education loans to borrowers.

"Applicant" – Any individual who requests ISAC consideration for a scholarship, grant, tuition waiver, or guaranteed or alternative loan.

"Approved High School" – Any public high school located in this State; and any high school, located in this State or elsewhere (whether designated as a high school, secondary school, academy, preparatory school, or otherwise) which in the judgment of the State Superintendent of Education provides a course of instruction at the secondary level and maintains standards of instruction substantially the equivalent of those public high schools located in this State. (Section 10 of the Higher Education Student Assistance Act [110 ILCS 947/10])

"Armed Forces" – The United States Army, Air Force, Navy, Marines and Coast Guard.

"Blanket Certificate of Loan Guaranty" – A process that permits an eligible lender to make loans without receiving prior approval from ISAC for individual loans to eligible borrowers enrolled in eligible programs at eligible institutions, as authorized by Section 428(n) of the HEA.

"Chargeback" – Payment of tuition by the community college district of a student's residence to the community college district of a student's attendance. (See 110 ILCS 805/6-2.)



"Citizen" – One who, under the Constitution and laws of the United States, is a native-born or naturalized citizen of the United States of America.

"College Savings Bond" – A State of Illinois general obligation, zero coupon bond, issued pursuant to the Baccalaureate Savings Act as a long-term education savings instrument.

"Co-maker" – One of the two individuals who are joint borrowers either on a Federal PLUS Loan that was certified prior to January 1, 1995 or on any Federal Consolidation loan and who are equally liable for repayment of the loan. (See 34 CFR 682.200.)

"Commission" – The ten member Illinois Student Assistance Commission created by Section 15 of the Higher Education Student Assistance Act [110 ILCS 947/15].

"Compound Accreted Value" – An amount equal to the original amount plus an investment return accrued to the date of determination at a semiannual compounding rate that is necessary to produce the yield at maturity indicated on the Official Statement that was issued when the college savings bonds were sold. The "Compound Accreted Value at Maturity" will be equal to $5000 or an integral multiple thereof.

"Concurrent Registration" – The simultaneous enrollment at two or more institutions.

"Consolidation" – A federal program under which a borrower may receive a single new loan that refinances one or more outstanding qualified education loans under new terms and conditions, as authorized by Section 428C of the HEA.

"Contractual Agreement" – The written agreement between an eligible institution and a school or organization that is not eligible for participation in ISAC-administered programs whereby the non-eligible institution provides part of the education program of students enrolled at the eligible institution, as codified in Section 2700.80. A contractual agreement differs from a consortium agreement, which is an agreement among two or more eligible institutions only.

"Correctional Officer" – An employee of the Illinois Department of Corrections (DOC) who is assigned to a security position with the Department, and who has responsibility for inmates of any correctional institution under the jurisdiction of



the Department.

"Correspondence Course" – A home study course provided by an institution under which the institution provides instructional materials, including examinations on the materials, to students who are not physically attending classes at the institution, as defined at 34 CFR 600.2.

"Co-signer" – A person who is secondarily liable for the repayment of an Alternative Loan.

"Cost of Attendance" – For the purposes of ISAC's rules, this term is defined at Section 472 of the Higher Education Act of 1965, as amended (20 USC 108711).

"Cumulative Grade Point Average" – The average grade earned throughout a student's applicable secondary or postsecondary educational program. The calculation shall be consistent with the institution's established policy or practice and shall be the same as that completed for admission, placement or other similar purposes.

"Default Status" – The failure of a borrower to make an installment payment when due or to meet other terms of the promissory note as defined at 34 CFR 682.200.

"Delinquency" – For the purposes of ISAC's rules, this term is defined at 34 CFR 682.411(b).

"Dependent Student" – A scholarship, loan, tuition waiver or grant applicant or recipient who is not classified as an independent student.

"Disbursement" – In relation to scholarship and grant programs, a disbursement occurs on the payment voucher date. In relation to the Federal Family Education Loan Program, disbursement is the process of transferring loan proceeds as defined at 34 CFR 682.200.

"Distance Education" – A learning and teaching mode characterized by the separation of place or time between instructor and student, which includes programs and courses offered by correspondence and telecommunications.

"ED" – The acronym for the United States Department of Education.



"Educational Institution" – Unless otherwise qualified, any secondary or postsecondary educational organization that enrolls students who participate in ISAC programs.

"Educational Lender" – An institution that meets the lender eligibility criteria outlined in 23 Ill. Adm. Code 2720.25 for FFELP Loans and 2721.40 for alternative loans.

"EFT" – The acronym for electronic funds transfer.

"Eligible Noncitizen" – A noncitizen who is eligible for federal student assistance pursuant to Section 484 of the Higher Education Act of 1965, as amended. (See 20 USC 1091.)

"Endorser" – A person who is secondarily liable for the repayment of a Federal PLUS Loan obligation.

"Enrolled" – The status of a student who has completed the institution's registration requirements and is attending classes.

"Executive Director" – The chief executive officer of ISAC.

"Expected Family Contribution" – The amount the student and the student's family may be reasonably expected to contribute toward the student's postsecondary education. Expected Family Contribution is defined at Section 474 of the Higher Education Act (HEA) of 1965, as amended. (See 20 USC 1087nn.)

"FAFSA" – The acronym for the Free Application for Federal Student Aid.

"FAFSA Receipt Date" – The date reported by ED's processor as the date upon which it receives an applicant's initial FAFSA for an academic year. For paper FAFSA's sent through the U.S. Postal Service, this is the date of physical receipt at the processor, not the postmark date.

"Federal Regulations" – Refers to regulations promulgated by ED and codified at 34 CFR 600 et seq.

"FFELP" – The acronym for the Federal Family Education Loan Program, as authorized by Section 421 of the Higher Education Act, as amended, including subsidized and unsubsidized Federal Stafford Loans, Federal PLUS Loans,



Federal SLS Loans and Federal Consolidation Loans.

"Fire Officer" – For the purposes of ISAC's rules, this term means a firefighter who is employed by, or in the voluntary service of, this State or any public entity in this State.

"Foreign Missionary" – An individual who is assigned duty outside of the United States by an organization that engages in educational, philanthropic, humanitarian or altruistic works. The missionary organization must be exempt from the payment of federal taxes and must have been engaged in placing foreign missionaries for at least five years. Examples of such missionary organizations include, but are not limited to, the following: Peace Corps, Evangelical Alliance Mission, etc.

"Full-time Student" – In relation to scholarship and grant programs, an individual enrolled for twelve or more credit hours, for either a semester or quarter term. In relation to the Federal Family Educational Loan Program, full-time student is defined at 34 CFR 668.2.

"Gift Assistance" – Student assistance funds in the form of a scholarship, grant or tuition waiver, including, but not limited to, federal, State, institutional and private aid.

"Golden Apple Scholars of Illinois" – A private, not-for-profit program under the auspices of the Golden Apple Foundation that recruits, prepares and provides financial assistance to high school graduates to pursue postsecondary education for careers as teachers for particular Illinois schools. "Good Moral Character" – An applicant is of good moral character if the applicant will benefit from postsecondary instruction and is allowed to enroll at an approved postsecondary institution.

"Graduating Class" – The students who will complete the high school's program of instruction and graduate within an academic year.

"Guaranteed Loan" – Loan assistance through the Federal Family Education Loan Program (FFELP) that includes the subsidized and unsubsidized Federal Stafford Loan, the Federal PLUS Loan, the Federal Supplemental Loans for Students (SLS), and the Federal Consolidation Loan programs.



"HEA" – The acronym for the Higher Education Act of 1965, as amended, and codified at 20 USC 1070 et seq.

"Half-time Student" – In relation to scholarship and grant programs, an individual enrolled for six or more credit hours (but fewer than twelve credit hours) for either a semester or quarter term. In relation to the Federal Family Education Loan Program, half-time student is defined at 34 CFR 668.2.

"Holder" – An organization authorized by ED and ISAC to purchase or retain possession of guaranteed loans. These organizations operate as commercial and educational lenders or secondary markets and may purchase ISAC-guaranteed loans from approved lenders.

"IBHE" – The acronym for the Illinois Board of Higher Education, the administrative agency created by the Board of Higher Education Act [110 ILCS 947/205].

"IDAPP" – The acronym for ISAC's Illinois Designated Account Purchase Program as authorized by the Education Loan Purchase Program Law [110 ILCS 947/125 through 170].

"Independent Student" – For the purposes of ISAC's rules, an independent student is defined by Section 480 of the Higher Education Act of 1965, as amended by P.L. 110-84. (See 20 USC 1087vv.)

"Institution" – Unless otherwise qualified, any secondary or postsecondary educational organization that enrolls students who participate in ISAC programs.

"Institution of Higher Learning" – An educational organization whose main campus is physically located in Illinois that:

provides at least a two-year program of collegiate study in liberal arts or sciences, or associate degree or both, directly applicable toward the attainment of a baccalaureate degree, or, a program in health education directly applicable toward the attainment of a certificate, diploma, or an associate degree; and

is operated:

by the State, or



publicly or privately, not for profit, or

for profit, provided it:

offers degree programs that have been approved by the IBHE for a minimum of three years under the Academic Degree Act, and

enrolls a majority of its students in these degree programs, and

maintains accredited status with the Higher Learning Commission of the North Central Association of Colleges and Schools.

For otherwise eligible educational organizations that provide academic programs for incarcerated students, the term "institution of higher learning" shall specifically exclude academic programs for incarcerated students (Section 10 of the Higher Education Student Assistance Act). For eligible institutions with campuses in multiple states, the term "institution of higher learning" shall include only those campuses located in Illinois.

"Institution of Record" – The postsecondary institution at which a student is enrolled and seeking a degree or certificate. This institution assumes primary responsibility for certification of eligibility for ISAC-administered programs and for requesting payment from ISAC.

"ISAC" – The acronym for the Illinois Student Assistance Commission, the administrative agency created by Section 15 of the Higher Education Student Assistance Act [110 ILCS 947/15] to administer student assistance programs.

"ISBE" – The acronym for the Illinois State Board of Education, the administrative agency created by the School Code [105 ILCS 5].

"Lender" – An organization authorized by ISAC to make educational loans to students.

"Mandatory Fees" – The charges assessed by an institution to each and every full-time student for each term. Application, graduation, laboratory, breakage,



add/drop fees, and program administrative fees for out-of-state or foreign study are specifically excluded. For the purposes of ISAC's rules, tuition is not a mandatory fee.

"MAP" – The acronym for the Monetary Award Program administered by ISAC, as authorized by 110 ILCS 947/35 and codified at 23 Ill. Adm. Code 2735.

"Master Check" – A single check representing the loan proceeds for more than one borrower.

"Minority Student" – A student who is either Black (a person having origins in any of the black racial groups in Africa); Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); Asian American (a person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, including Pakistan, and the Pacific Islands, including, among others, Hawaii, Melanesia, Micronesia and Polynesia); or Native American (a person who is a member of a federally or state recognized Indian tribe, or whose parents or grandparents have such membership) and to include the native people of Alaska (Section 50(a) of the Higher Education Student Assistance Act).

"Parent" – For the purposes of ISAC's rules, this term is defined at 34 CFR 668.2. "Pell Grant" – A federal gift assistance program administered by ED in accordance with Section 411 of the Higher Education Act of 1965, as amended. (See 20 USC 1070a et seq.)

"PLUS" – The federal program that provides loans to graduate students or parents of certain undergraduate students, as authorized by Section 428B of the Higher Education Act of 1965, as amended (20 USC 1078-2) and Sections 80 through 175 of the Higher Education Student Assistance Act [110 ILCS 947/80 through 175].

"Police Officer" – For the purposes of ISAC's rules, this term means a law enforcement officer who is employed by, or in the voluntary service of, this State or any public entity in this State.

"Qualified Applicant" – An individual who meets the eligibility requirements of the gift assistance program for which she/he is applying.



"Regular School Year" – An eight to nine month period of time that includes two semester terms or three quarter terms. The regular school year excludes summer terms. Terms that begin after April 15 and end before September 16 are considered summer terms.

"Remedial Courses" – The course work that prepares a student for study at the postsecondary level and is necessary for the student to pursue the eligible postsecondary program.

"Resident of Illinois" –

A dependent student is a resident of Illinois if the parent of the dependent-applicant, who is required by the instructions to complete the Free Application for Federal Student Aid (FAFSA), physically resides within the State of Illinois and Illinois is his or her true, fixed and permanent home.

An independent student is a resident of Illinois if the applicant physically resides within the State of Illinois (at the time of application), and has so resided for a period of 12 continuous, full months immediately prior to the start of the academic year for which assistance is requested and Illinois is his or her true, fixed and permanent home.

When an applicant does not qualify as a resident of Illinois under the preceding two paragraphs and the applicant is a member of the U.S. Armed Forces or a foreign missionary, or is the dependent or the spouse of an individual who is a member of the U.S. Armed Forces or a foreign missionary, then the applicant's residency shall be determined in accordance with the following four paragraphs.

An applicant who is a member of the U.S. Armed Forces will be a resident of Illinois if the applicant physically resided in Illinois immediately prior to entering the U.S. Armed Forces, returned (or plans to return) to Illinois within six months after and including the date of separation and can demonstrate (pursuant to Section 2700.50(f) and (g)) that his/her domicile was the State of Illinois throughout such enlistment.

An applicant who is a foreign missionary will be a resident of Illinois if the applicant physically resided in Illinois for six continuous months immediately prior to entering missionary service, returned (or plans to



return) to Illinois within six months after the conclusion of missionary service, and can demonstrate (pursuant to Section 2700.50(f) and (g)) that his/her domicile was the State of Illinois throughout such missionary service.

The dependent-applicant shall be a resident of Illinois notwithstanding the parents' temporary physical absence from Illinois provided the parents would be a resident of Illinois under the preceding two paragraphs.

The spouse-applicant shall be a resident of Illinois immediately upon physically occupying a dwelling within the State of Illinois provided the applicant can demonstrate that his/her absence from the State was the result of residing with the spouse during enlistment or missionary service outside of Illinois and that the spouse-applicant's domicile continues to be the State of Illinois.

"Rules" – The rules of ISAC codified at 23 Ill. Adm. Code: Subtitle A, Chapter XIX.

"Satisfactory Academic Progress" – An institutional policy that establishes minimum standards of academic performance. For purposes of ISAC-administered programs, the standards must be at least as stringent as those required by ED pursuant to Section 484 of the Higher Education Act of 1965, as amended. (See 20 USC 1091.)

"Service Academy" – The U.S. Air Force Academy, the U.S. Coast Guard Academy, the U.S. Military Academy or the U.S. Naval Academy (Section 30(a) of the Higher Education Student Assistance Act).

"SLS" – The acronym for the federal Supplemental Loans for Students Program, as authorized by Section 428A of the Higher Education Act, as amended (20 USC 1078-1). No SLS loans have been made for periods of enrollment beginning on or after July 1, 1994.

"Special Education" – A postsecondary educational program designed to teach persons how to meet the needs of all children designated as physically disabled, with specific learning disabilities, or requiring extraordinary special education services and facilities. (See 105 ILCS 5/14-1.02 and 7.20a.) These programs prepare persons for meeting the needs of children who exhibit disabilities or exceptional characteristics ranging from very mild to very severe. (See 23 Ill.



Adm. Code 226, Special Education.) Such a program prepares a student to teach physically disabled children or children with learning disabilities. (See 105 ILCS 5/14-1.02 and 1.03a.)

"Stafford" – The federal subsidized and unsubsidized loan programs as authorized by Sections 427, 428 and 428H of the Higher Education Act, as amended (20 USC 1078).

"Student Beneficiary" – An individual designated as the recipient of a College Savings Bond Bonus Incentive Grant.

"Teacher Education Program" – An undergraduate postsecondary course of study that, upon completion, qualifies a student to be certified as a pre-school, elementary or secondary teacher by a state board of education or its equivalent (including the Illinois State Board of Education). For a student who has completed less than four semesters/six quarters of postsecondary study, this includes a postsecondary course of study that leads to a teacher education program.

"Teacher Shortage Discipline" – An academic discipline in which a shortage of teachers exists in Illinois, as designated by the Illinois State Board of Education.

"Telecommunications Course" – A course offered principally through the use of television, audio, or computer transmission, including open broadcast, closed circuit, cable microwave, satellite, audio conferencing, computer conferencing, and video cassettes or disks, as defined at 34 CFR 600.2.

"Term" – A unit of time for student attendance, including, but not limited to, a quarter or semester.

"Tuition" – The charge for instruction assessed by an institution.

"Verification" – Procedures implemented by postsecondary institutions to verify the eligibility of applicants. The procedures are established by 34 CFR 668 et seq. and by ISAC's rules.


Section 2700.70 Appeal Procedures



a) Complainants (including applicants, institutions and lenders) may appeal an ISAC administrative decision in accordance with this Section. Complainants must submit their appeal within 60 days after and including the date of an administrative decision by ISAC. If a complainant fails to pursue an appeal within 60 days after and including the date of an administrative decision, including administrative decisions rendered under subsections (d) and (e) of this Section, the complainant forfeits all appeal rights.

b) All appeals shall be submitted in writing, must specifically invoke the use of

ISAC's appeal process and must indicate the specific issues to be reviewed. Each complainant shall be sent a written response within 15 working days after and including the date of receipt of their appeal. 1) A complainant may submit any evidence which the complainant believes

relevant to the issue appealed. If ISAC is not able to make a determination based on the information provided, the complainant may be requested to supply additional written materials related to the issue (e.g., income tax returns, ISAC correspondence).

2) The standard of review is whether, based on the manifest weight of the

evidence, the administrative decision being appealed is consistent with statutes, rules and regulations relevant to the issue appealed.

c) At the complainant's discretion, a complainant may be represented by legal

counsel. Except for appeals pursuant to Section 2700.50(g)(4) (Illinois residence) and 23 Ill. Adm. Code 2760.302760.40(a) (State Scholar designations), applicant appeals shall not be written or submitted by a lender or an institution. A lender or an institution may advise an applicant on appeal issues and opportunities.

d) The complainant shall submit an appeal directly to the appropriate ISAC manager.

An appeal may be pursued through the appropriate sequence of ISAC's administrative levels culminating with an appeal to the Executive Director. (See 2 Ill. Adm. Code 5375.Appendix A, Organization Chart.)

e) Adjudicatory hearings are available for complainants who have first used the

procedures of subsection (d) of this Section. A hearing shall be requested, in writing, within 60 days after the date of the Executive Director's appeal decision. 1) Within 30 days after the receipt of a hearing request, the Executive

Director shall schedule a hearing. The hearing shall be conducted in



accordance with 23 Ill. Adm. Code 2790.140, Hearings. 2) The independent hearing officer shall issue a decision based upon what

transpired at the hearing, in accordance with and subject to 23 Ill. Adm. Code 2790.70, Decisions.

f) The hearing officer's disposition, as provided for by 23 Ill. Adm. Code

2790.70(c), is considered the final administrative decision as defined by the Administrative Review Law [735 ILCS 5/Art. III]. The complainant shall be sent written notice of the final administrative decision within ten working days after the disposition of the appeal.



ILLINOIS STUDENT ASSISTANCE COMMISSION


1) Heading of the Part: Federal Family Education Loan Program (FFELP) 2) Code Citation: 23 Ill. Adm. Code 2720 3) Section Numbers: Adopted Action:

2720.20 Amendment 2720.40 Amendment 2720.50 Amendment

4) Statutory Authority: Implementing Sections 80 through 175 of the Higher Education

Student Assistance Act [110 ILCS 947/80 through 175]; Title IV, Part B, of the Higher Education Act of 1965, as amended (20 USC 1071 et seq.); and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/20(f)]

5) Effective Date of Rulemaking: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: February 6, 2009; 33 Ill. Reg. 2089 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposed and final version: The changes made were nonsubstantive

in nature. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: Section 2720.40(c) has been amended to reflect

changes in the requirements for participation in the Lender-of-Last-Resort Program. In




Section 2720.50(g), the number of days a lender or holder can send a repayment schedule to a FFELP borrower has been changed to no more than 150 days to reflect a change arising from the Higher Education Opportunity Act.


Lynn Hynes Agency Rules Coordinator Illinois Student Assistance Commission 1755 Lake Cook Road Deerfield, IL 60015 PH: 847/948-8500 ext. 2216 FAX: 847/831-8327 email: [email protected]

The full text of the Adopted Amendments begins on the following page:






PART 2720 FEDERAL FAMILY EDUCATION LOAN PROGRAM (FFELP)

SUBPART A: FEDERAL LOAN PROGRAMS: THE FEDERAL STAFFORD LOAN

PROGRAM, FEDERAL PLUS PROGRAM, FEDERAL SUPPLEMENTAL LOANS FOR STUDENTS (SLS) PROGRAM, AND FEDERAL CONSOLIDATION LOAN PROGRAM

Section 2720.5 Summary and Purpose 2720.6 Definitions (Repealed) 2720.10 Eligibility for ISAC Loan Guarantees 2720.20 Lender Eligibility 2720.25 Educational Lender Eligibility 2720.30 Institutional Eligibility 2720.35 Holder Eligibility 2720.40 Procedures for Obtaining a Guaranteed Loan 2720.41 One-Lender Requirement 2720.42 One-Holder Requirement 2720.50 Procedures for Disbursement, Delivery and Repayment 2720.55 Federal Consolidation Loan Program 2720.60 Default Aversion Assistance 2720.70 Reimbursement Procedures 2720.80 Federal Default Fee 2720.90 Guarantee Transfers

SUBPART B: ILLINOIS DESIGNATED ACCOUNT PURCHASE PROGRAM (IDAPP)

Section 2720.105 Summary and Purpose 2720.120 IDAPP Eligible Loans 2720.130 IDAPP Eligible Lenders

SUBPART C: ISAC ORIGINATED LOANS

Section




2720.200 ISAC Originated Consolidation Loans 2720.210 Illinois Opportunity Loan Program (IOP) 2720.220 Federal Family Education Loan Program (FFELP) Loans 2720.APPENDIX A Required Activities of Educational Lenders (Repealed) AUTHORITY: Implementing Sections 80 through 175 of the Higher Education Student Assistance Act [110 ILCS 947/80 through 175]; Title IV, Part B, of the Higher Education Act of 1965, as amended (20 USC 1071 et seq.); and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/20(f)]. SOURCE: Adopted at 3 Ill. Reg. 4, p. 38, effective January 26, 1979; amended at 5 Ill. Reg. 8698, effective August 17, 1981; emergency rule and emergency repealer at 6 Ill. Reg. 7558, 7573, effective June 9, 1982, for a maximum of 150 days; new rules adopted at 6 Ill. Reg. 13799, effective October 25, 1982; old rules repealed at 6 Ill. Reg. 15254, effective December 3, 1982; emergency amendment at 7 Ill. Reg. 9942, effective August 8, 1983, for a maximum of 150 days; codified at 7 Ill. Reg. 13309; amended at 8 Ill. Reg. 876, effective January 9, 1984; amended at 8 Ill. Reg. 7286, effective May 18, 1984; amended at 8 Ill. Reg. 17006, effective September 5, 1984; amended at 9 Ill. Reg. 20796, effective January 1, 1986; amended at 11 Ill. Reg. 3181, effective January 29, 1987; emergency amendment at 11 Ill. Reg. 13669, effective August 5, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 14103, effective August 10, 1987; emergency amendment at 11 Ill. Reg. 18370, effective October 23, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20989, effective January 1, 1988; amended at 12 Ill. Reg. 6971, effective April 1, 1988; amended at 12 Ill. Reg. 11520, effective July 1, 1988; emergency amendment at 12 Ill. Reg. 15221, effective September 15, 1988, for a maximum of 150 days; emergency expired February 12, 1989; amended at 13 Ill. Reg. 2872, effective February 16, 1989; amended at 13 Ill. Reg. 8630, effective July 1, 1989; transferred from Chapter IX, 23 Ill. Adm. Code 1720 (State Scholarship Commission) to Chapter XIX, 23 Ill. Adm. Code 2720 (Illinois Student Assistance Commission) pursuant to P.A. 86-168, effective July 1, 1989, at 13 Ill. Reg. 17855; emergency amendment at 14 Ill. Reg. 4266, effective March 1, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 10553, effective July 1, 1990; amended at 14 Ill. Reg. 10941, effective July 1, 1990; emergency amendments at 15 Ill. Reg. 18769, effective January 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 4060, effective February 28, 1992; amended at 16 Ill. Reg. 11224, effective July 1, 1992; emergency amendment at 17 Ill. Reg. 2055, effective February 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 10506, effective July 1, 1993; amended at 18 Ill. Reg. 10254, effective July 1, 1994; emergency amendment at 18 Ill. Reg. 15636, effective October 15, 1994, for a maximum of 150 days; emergency expired March 13, 1995; amended at 19 Ill. Reg. 6215, effective April 15, 1995; amended at 19 Ill. Reg. 8320, effective July 1, 1995; amended at 20 Ill. Reg. 9147, effective July




1, 1996; amended at 21 Ill. Reg. 11038, effective July 18, 1997; amended at 22 Ill. Reg. 11051, effective July 1, 1998; amended at 23 Ill. Reg. 7537, effective July 1, 1999; amended at 24 Ill. Reg. 9101, effective July 1, 2000; amended at 25 Ill. Reg. 8369, effective July 1, 2001; amended at 26 Ill. Reg. 9998, effective July 1, 2002; amended at 27 Ill. Reg. 10326, effective July 1, 2003; amended at 28 Ill. Reg. 9135, effective July 1, 2004; amended at 29 Ill. Reg. 9897, effective July 1, 2005; amended at 31 Ill. Reg. 9496, effective July 1, 2007; amended at 32 Ill. Reg. 10290, effective July 1, 2008; amended at 33 Ill. Reg. 9758, effective July 1, 2009.

SUBPART A: FEDERAL LOAN PROGRAMS:

THE FEDERAL STAFFORD LOAN PROGRAM, FEDERAL PLUS PROGRAM, FEDERAL SUPPLEMENTAL LOANS FOR STUDENTS (SLS) PROGRAM,

AND FEDERAL CONSOLIDATION LOAN PROGRAM Section 2720.20 Lender Eligibility

a) Lender Agreement 1) All approved lenders must execute an ISAC Lender Agreement prior to

participating in the Federal Family Education Loan Program through ISAC. Lenders wishing to serve as lenders-of-last-resort are required to sign an Addendum that additional Agreement which includes the provisions of sectionSection 428(j) of the Higher Education Act of 1965, as amended (20 USC 1078-10).

2) Lenders must have received ED approval prior to executing a Lender

Agreement. 3) The Lender Agreement shall include provisions requiring lenders to:

A) comply with statutes, federal regulations and State rules; and B) provide such information as ISAC may request relating to

borrower demographics, collection records and other documents ISAC may need to comply with federal regulations. (See Sections 2720.60(a) and 2720.70(c).)

4) Lenders and ISAC shall electronically transmit and receive loan guarantee

data. ISAC shall provide the lender with program documentation and reasonable technical assistance related to electronic data exchanges. ISAC




and the lender shall agree that the information and data shall be confidential and shall not be used, disclosed, sold or shared for any purpose other than that which is directly related to the administration of ISAC's guaranteed loan programs.

5) Termination of the Lender Agreement may be made by either the lender or

ISAC with 30 days' written notice. Termination shall not affect any obligations incurred prior to the time such termination becomes effective.

b) Eligible lenders shall employ an adequate number of qualified persons to

administer their responsibilities under ISAC's rules. In determining whether a lender employs an adequate number of qualified persons, ISAC considers the number of students aided, the number of applications evaluated and the amount of funds administered.

c) In addition to the provision of subsection (a), the Lender Agreement for insurance

companies approved as lenders shall require: 1) advertising and promotional materials consistent with Section 149 of the

Illinois Insurance Code [215 ILCS 5/149] and 50 Ill. Adm. Code 909; and 2) compliance with Sections 421 through 434 of the Illinois Insurance Code

[215 ILCS 5/421 through 434], which prohibit unfair methods of competition and unfair and deceptive acts and practices.

d) A loan guarantee shall be cancelled if the lender fails to comply with federal

regulations, statutes, ISAC rules or procedures, provided such failure impairs ISAC's ability to recover the expense of reimbursing the lender for the defaulted loan.

e) ISAC conducts compliance reviews to determine if approved lenders are

complying with federal regulations, statutes and rules. f) Lenders wishing to participate in ISAC-guaranteed loan programs shall submit an

application which shall include, but not be limited to: servicing/secondary market agreements; previous compliance and audit reviews conducted by other guarantors and the Department of Education; documentation relating to the percentage of student loans as compared to other installment loan portfolios; and other information relating to student loans requested by ISAC to show the lender's




qualifications for participation. Program participation will be determined by an examination of those materials and compliance with federal laws and regulations and State rules and statutes.

g) Lenders wishing to participate in a blanket guaranty program for ISAC-

guaranteed loans must execute a Blanket Certificate of Loan Guaranty agreement. (Source: Amended at 33 Ill. Reg. 9758, effective July 1, 2009)

Section 2720.40 Procedures for Obtaining a Guaranteed Loan

a) Borrowers who are eligible for a loan guarantee in accordance with Section 2720.10 are issued a notice of guarantee/disclosure statement. All promissory notes must be in a form approved by ED. No alteration or substitution may be used.

b) All loans are made at the lender's discretion. When a lender rejects a borrower's

request for a FFELP loan, the lender shall issue a notice of non-acceptance to the borrower.

c) Lender-of-last-resort requirements:

1) An applicant who is eligible for a federalFederal subsidized or

unsubsidized Stafford Loan or Federal PLUS Loanloan guarantee pursuant to Section 2720.10 of this Part and who has been unable to obtain loans from another ISAC-approved lender for the same period of enrollment can request participation in ISAC's Lender-of-Last-Resort Program.received two denials from can request that ISAC make a referral to a lender-of-last-resort provided the applicant: A) submits a written request for a lender-of-last-resort loan referral to

ISAC, which is accompanied by two denials from ISAC-approved lenders;

B) receives loan counseling information specifically designed to

benefit an applicant seeking a lender-of-last-resort loan; and C) attends an ISAC-approved institution or, for a PLUS loan, is the

parent of a student attending an ISAC-approved institution.




2) The applicant must be a resident of Illinois or must attend an eligible

institution in Illinois or, for a Parent PLUS Loan, be the parent of a student attending an eligible institution and a resident of Illinois. ISAC, within 60 days, will refer applicants to lenders-of-last-resort or will advise them that they do not meet the eligibility requirements of Section 2720.10 of this Part.

3) ISAC, within 60 days, will issue a guarantee for a loan under the Lender-

of-Last-Resort Program or will advise applicants that they do not meet the eligibility requirements of Section 2720.10.

4) ISAC will act as the lender-of-last-resort if it cannot arrange a loan for the

applicant with a lender participating in ISAC's Lender-of-Last-Resort Program.ISAC will act as a lender-of-last-resort or will refer the applicant to the Student Loan Marketing Association if it cannot refer the applicant to a lender-of-last-resort willing to make a subsidized or unsubsidized Stafford Loan within 60 days.

d) The availability of an ISAC-guaranteed loan shall not be conditioned upon the

purchase of credit life, life, accident, health or other forms of insurance. e) The promissory note must be signed in ink, or must bear a valid electronic

signature, in accordance with federal law (see 15 USCUSCA 7001 et seq.). Signature stamps shall not be used by the borrower.

f) At the lender's discretion and in accordance with federal regulations, endorsers

may be used for Federal PLUS Loans. g) Lenders shall obtain the names and addresses of at least two references from each

loan applicant. Lenders shall submit the reference data to ISAC when requesting ISAC reimbursement pursuant to Section 2720.70.

h) When certifying a borrower eligible for a loan guarantee, the institution shall

provide a loan disbursement schedule consistent with sectionSection 428G of the Higher Education Act of 1965, as amended (20 USCUSCA 1078-7). Should the institution or its agent fail to provide a disbursement schedule that is consistent with federal law, ISAC shall assign the loan a disbursement schedule that is consistent with sectionSection 428G of the Higher Education Act of 1965, as




amended (20 USC 1078-7). (Source: Amended at 33 Ill. Reg. 9758, effective July 1, 2009)

Section 2720.50 Procedures for Disbursement, Delivery and Repayment

a) Disbursement, delivery and repayment procedures are specified in federal regulations. (See 34 CFR 682.206, 34 CFR 682.207, 34 CFR 682.209, and 34 CFR 682.604.)

b) Prior to disbursement, the borrower shall execute a common ED-approved

promissory note for the principal and interest on the loan. The lender shall retain an original or true and exact copy of the promissory note. (See 34 CFR 682.414.)

c) The lender shall transmit to ED any and all statements and reports necessary to

obtain federal interest payments on the borrower's behalf. The lender shall not collect or attempt to collect from the borrower or ISAC any portion of the interest on the loan that is payable by ED.

d) Except for loans pursuant to Section 2720.55, or loans made under a Blanket

Certificate of Loan Guaranty agreement, the lender shall not disburse the proceeds of any loan on the borrower's behalf unless and until the lender shall have received from ISAC evidence of a guarantee. The lender shall inform ISAC of all disbursement dates.

e) Federal Stafford and Federal PLUS Loan proceeds shall be transmitted directly to

the institution. 1) Federal Stafford Loan checks shall be payable to the student borrower

unless the institution requires all Stafford loan checks to be co-payable to the borrower and the institution. Federal PLUS Loan checks shall be co-payable to the institution and the borrower. Federal Stafford or Federal PLUS Loan funds disbursed either via EFT or by Master Check to the institution shall include information identifying the names, Social Security Numbers and the loan amounts of the borrowers who are receiving a portion of the disbursement, and, in the case of a Parent PLUS Loan, the names and the Social Security Numbers of the students on whose behalf the parents are borrowing.




2) Loan proceeds must be disbursed to the institution and delivered to the borrower no later than 180 days after the end of the loan period or 180 days after the date on which the student ceased to be enrolled at least half-time, whichever is earlier. If the loan proceeds are not delivered pursuant to this subsection (e)(2), the school must request that the loan be canceled and must return any loan proceeds. (See 34 CFR 668.164(g).)

3) If the student has withdrawn from enrollment and federal regulations

require the institution to submit a refund to the lender, either electronically or in the form of a check payable to the lender on behalf of the borrower, the institution shall provide simultaneous written notice to the borrower of the refund. A) If the institution fails to issue a timely refund, as defined by federal

regulations (see 34 CFR 682.607(c) and 668.22(j)), the institution shall pay penalty interest.

B) The penalty interest shall equal the total amount of interest and

special allowance generated by the principal value of the refund amount. The penalty interest shall be computed from the date the refund was due until the date the refund was issued.

C) The penalty interest shall be paid to the lender or subsequent

holder. f) The borrower shall have the right to prepay without penalty the whole or any part

of a loan guaranteed under this Parthereunder. g) The lender or holder shall notify the borrower of the repayment options available,

as specified in 34 CFR 682.209. The lender or holder shall send a repayment schedule to a FFELP borrower no less than 30 days nor more than 150240 days before the first payment on the loan is due from the borrower.

h) The lender or holder shall notify ISAC of payment in full or prepayment in full by

the borrower. i) In accordance with federal regulations, the lender or holder may extend the

maturity date of any note.




j) Lenders or holders may exercise administrative forbearances, which do not require the agreement of the borrower, as authorized by sectionSection 428(c)(3)(C) of the Higher Education Act of 1965, as amended (20 USC 1078(c)(3)(C)), and by federal regulations. (See 34 CFR 682.211.)

k) Borrowers are entitled to deferments, which extend the maturity date of any note,

under conditions established by federal regulations. (See 34 CFR 682.210.) l) ISAC provides lenders or holders with the ED-approved common forms necessary

for servicing their guaranteed loan portfolio (e.g., deferment forms, mandatory forbearance forms).

m) No note shall be sold or transferred by the lender except to an ISAC-approved

lender, an ISAC-approved holder, or ISAC. (Source: Amended at 33 Ill. Reg. 9758, effective July 1, 2009)


ILLINOIS STUDENT ASSISTANCE COMMISSION NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Nurse Educator Scholarship Program 2) Code Citation: 23 Ill. Adm. Code 2759 3) Section Number: Adopted Action:

2759.30 Amendment 4) Statutory Authority: Implementing and authorized by Sections 5 and 15 of the Nurse

Educator Assistance Act [110 ILCS 967/5 and 15] 5) Effective date of amendment: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of this adopted amendment, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of proposal published in Illinois Register: February 6, 2009; 33 Ill. Reg. 2100 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposed and final version: The changes made were nonsubstantive


agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and purpose of rulemaking: This Part is amended in order to correct a

subsection number referenced in the text. 16) Information and questions regarding this adopted amendment shall be directed to:

Lynn Hynes Agency Rules Coordinator



Illinois Student Assistance Commission 1755 Lake Cook Road Deerfield, IL 60015 PH: 847/948-8500, ext. 2216 FAX: 847/831-8327 email: [email protected]






PART 2759 NURSE EDUCATOR SCHOLARSHIP PROGRAM

Section 2759.10 Summary and Purpose 2759.20 Applicant Eligibility 2759.30 Program Procedures 2759.40 Institutional Procedures AUTHORITY: Implementing and authorized by Sections 5 and 15 of the Nurse Educator Assistance Act [110 ILCS 967/5 and 15]. SOURCE: Adopted at 30 Ill. Reg. 18771, effective December 1, 2006; amended at 33 Ill. Reg. 9769, effective July 1, 2009. Section 2759.30 Program Procedures

a) All applicants must complete and file the form the U.S. Department of Education (ED) designates as an application/promissory note for federal student financial aid for the purpose of determining the Expected Family Contribution (EFC), which is used as a selection criterion for this award. (See sectionSection 483 of the Higher Education Act of 1965, as amended (20 USC 1070a).)

b) A completed ISAC application for the Nurse Educator Scholarship Program must

be postmarked on or before March 1 immediately preceding the academic year for which the scholarship is being requested, in order to receive priority consideration for an award.

1) Applications are available at qualified institutions of higher learning,

ISAC's web site, and ISAC's Springfield, Deerfield and Chicago offices.

2) ISAC will make renewal applications available to all qualified students who were awarded assistance under this Part during the preceding year.

3) If the application is incomplete, ISAC will notify the appropriate party.

The applicant will then have an opportunity to furnish the missing



information. However, the application will only be considered for processing as of the date when the application is complete and received at ISAC's Deerfield office.

c) No recipient may receive scholarship assistance under this program for more than

the equivalent of 8 semesters/16 quarters of full-time enrollment.

d) ISAC shall select the recipients from among qualified applicants who filed timely applications based on a combination of the following criteria:

1) Cumulative grade point averages will be prioritized from highest to

lowest. All grade point averages will be converted to a four-point scale; and

2) Expected Family Contribution (EFC), from the lowest to the highest.

e) Recipients of assistance under this Part during the previous academic year shall

receive first priority consideration provided the student:

1) Maintains his or her status as a qualified applicant, as outlined in Section 2759.20(a).2766.20(a) of this Part, Applicant Eligibility.

2) Maintains satisfactory academic progress as determined by the institution. 3) Has submitted an application on a timely basis.

f) If all other criteria are equal, priority consideration will be given to the qualified

applicant who submitted his or her completed application to ISAC on the earliest date.

g) Prior to receiving scholarship assistance under this Part, the qualified applicant

must sign a Teaching Agreement/Promissory Note that is submitted to ISAC. The Teaching Agreement/Promissory Note shall include the following stipulations:

1) the recipient pledges to work as an educator in an approved program of

professional nursing education in Illinois or an approved program of practical nursing education in Illinois, as certified by an authorized individual at the approved Illinois institution, for a period of not less than five years;



2) the recipient shall begin teaching as a nurse educator within one year following the termination of the program for which the recipient received assistance under this Part, and shall teach on a continuous basis for the required five year period of time;

3) the teaching requirement will be fulfilled in an approved program of

professional nursing education in Illinois or an approved program of practical nursing education at an approved institution in Illinois that prepares students for careers as practical or professional nurses;

4) if the teaching requirement is not fulfilled, the proceeds received convert

to a loan and the recipient must repay the entire amount prorated according to the fraction of the teaching obligation not completed, plus interest at a rate equal to five percent and, if applicable, reasonable collection fees;

5) the recipient agrees to provide ISAC with evidence of compliance with

program requirements (e.g., responses to annual follow-up questionnaires, etc.); and

6) the recipient promises to use all proceeds received for educational

expenses.

h) A recipient of funds awarded under this Part shall not be in violation of the agreement entered into pursuant to subsection (g) during periods in which the recipient:

1) serves, for not more than three years, as a member of the United States

Armed Forces;

2) is temporarily totally disabled, for not more than three years, as established by the sworn affidavit of a licensed physician;

3) is actively seeking but unable to find employment as a nurse educator at

an approved Illinois institution for one continuous period not to exceed two years and is able to provide evidence of that fact; or

4) is taking additional courses, on at least a half-time basis, needed to obtain

certification in a nursing educator program in Illinois.



i) If a recipient is required to repay any portion of the proceeds received, the repayment period shall be completed within ten years after the scholarship converts to a loan. This ten-year period may be extended if the recipient:

1) serves, for not more than three years, as a member of the United States

Armed Forces;

2) is temporarily totally disabled, for not more than three years, as established by the sworn affidavit of a licensed physician;

3) is seeking and unable to find full-time employment, for one continuous

period not to exceed two years, and is able to provide evidence of that fact;

4) withdraws from a course of study leading to certification as a nursing

educator, but is enrolled full-time in another academic discipline not to exceed three years; or

5) is pursuing a graduate course of study and is enrolled on a full-time basis

for one continuous period of time not to exceed three years.

j) During the time a recipient qualifies for any of the extensions listed in subsection (i), he or she shall not be required to make payments and interest shall not accrue.

k) A recipient shall enter repayment status on the earliest of the following dates:

1) the first day of the first calendar month after the recipient has ceased to

pursue a course of study leading to certification as a nursing educator, but not before six months have elapsed after the cessation of at least half-time enrollment in such a course of study;

2) the date the recipient informs ISAC that he or she does not plan to fulfill

the teaching obligation; or

3) the day after the latest date upon which the recipient must have begun teaching after completing the nurse educator program for which the funds were awarded.

l) A recipient shall not be required to repay the amount of the proceeds received if

he or she becomes permanently totally disabled as established by the sworn



affidavit of a qualified physician (see, e.g., 34 CFR 653.42(k)(1)), or if his or her representative provides ISAC with a certified death certificate.





1) Heading of the Part: State Scholar Program 2) Code Citation: 23 Ill. Adm. Code 2760 3) Section Numbers: Adopted Action: 2760.10 Amendment

2760.30 Amendment 2760.40 New Section

4) Statutory Authority: Implementing Section 25 and authorized by Section 20(f) of the

Higher Education Student Assistance Act [110 ILCS 947/25 and 20(f)] 5) Effective date of amendments: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of proposal published in Illinois Register: February 6, 2009; 33 Ill. Reg. 2107 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposed and final version: The changes made were nonsubstantive


agreement letter issued by JCAR? Yes 13) Will these amendments replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and purpose of rulemaking: This Part is being amended to accommodate

Public Act 95-715, which provides, subject to appropriation, that each Illinois State Scholar who enrolls or is enrolled in an Illinois institution of higher learning shall receive a one-time grant of $1,000 to be applied to tuition and mandatory fees and paid directly




to the institution of higher learning. Section 2760.40, Institutional Procedures, has been added to this Part for fund disbursement. In addition, the reference to the Illinois Standard Test Score Table in Section 2760.30 has been changed to the official table on the ACT Web site.


Lynn Hynes Agency Rules Coordinator Illinois Student Assistance Commission 1755 Lake Cook Road Deerfield, IL 60015 847/948-8500, ext. 2216 FAX: 847/831-8327 email: [email protected]







PART 2760 STATE SCHOLAR PROGRAM

Section 2760.10 Summary and Purpose 2760.20 State Scholar Eligibility 2760.30 Program Procedures 2760.40 Institutional Procedures AUTHORITY: Implementing Section 25 and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/25 and 20(f)]. SOURCE: Adopted at 3 Ill. Reg. 4, p. 38, effective January 26, 1979; amended at 4 Ill. Reg. 16, p. 118, effective April 7, 1980; rules repealed, new rules adopted at 5 Ill. Reg. 7251, effective June 26, 1981; amended at 6 Ill. Reg. 8413, effective June 30, 1982; codified at 7 Ill. Reg. 10878; amended at 9 Ill. Reg. 20877, effective January 1, 1986; amended at 11 Ill. Reg. 3242, effective January 29, 1987; amended at 11 Ill. Reg. 14137, effective August 10, 1987; amended at 13 Ill. Reg. 8654, effective July 1, 1989; transferred from Chapter IX, 23 Ill. Adm. Code 1760 (State Scholarship Commission) to Chapter XIX, 23 Ill. Adm. Code 2760 (Illinois Student Assistance Commission) pursuant to P.A. 86-168, effective July 1, 1989, at 13 Ill. Reg. 17868; amended at 14 Ill. Reg. 10589, effective July 1, 1990; amended at 16 Ill. Reg. 11321, effective July 1, 1992; amended at 17 Ill. Reg. 10624, effective July 1, 1993; amended at 18 Ill. Reg. 10346, effective July 1, 1994; amended at 19 Ill. Reg. 8395, effective July 1, 1995; amended at 20 Ill. Reg. 9251, effective July 1, 1996; Old Part repealed and New Part adopted at 21 Ill. Reg. 11222, effective July 18, 1997; amended at 22 Ill. Reg. 11170, effective July 1, 1998; amended at 24 Ill. Reg. 9201, effective July 1, 2000; amended at 29 Ill. Reg. 9928, effective July 1, 2005; amended at 31 Ill. Reg. 9516, effective July 1, 2007; amended at 32 Ill. Reg. 10325, effective July 1, 2008; amended at 33 Ill. Reg. 9776, effective July 1, 2009. Section 2760.10 Summary and Purpose

a) The State Scholar Program publicly and personally identifies graduating high school seniors who possess superior academic potential. Each student designated as a State Scholar receives a Certificate of Achievement and statewide recognition in the news media. The Illinois Student Assistance Commission (ISAC) provides




the names of State Scholars to Illinois colleges and universities which actively seek State Scholars for admission. No financial assistance is awarded by ISAC through this program.

b) This Part establishes rules which govern the State Scholar Program. Additional

rules and definitions are contained in General Provisions, 23 Ill. Adm. Code 2700. (Source: Amended at 33 Ill. Reg. 9776, effective July 1, 2009)

Section 2760.30 Program Procedures

a) In order for its students to be considered for the State Scholar Program, a high school is to submit, in a format approved by ISAC, class ranks as of the third semester prior to graduation for students who desire to be considered for the Program. For high schools that cannot provide class ranks, non-weighted grade point averages as of the third semester prior to graduation must be provided. 1) Class ranks are calculated so that the class rank for the lowest grade point

average (GPA) equals the total number of students being ranked.

Example: Class Rank GPA 1 99.3 2 98.9 2 98.9 4 98.1 5 97.9 5 97.9 7 97.4

2) The equivalent term rank shall be provided for students planning to

graduate in other than the traditional four years (see Section 2760.20(b)). b) Test scores submitted in accordance with this Part shall be converted to an Illinois

Standard Test Score as follows: 1) The ACT or the PSAE composite score shall be the Illinois Standard Test

Score. 2) SAT critical reading and math scores shall be added, and then converted to




the Illinois Standard Test Score using the official ACT-SAT Concordance (SAT Critical Reading + Math (Score Range)) table available at www.act.org/aap/concordancetable below.

Illinois Standard Test Score Table

Illinois Standard Test Score

SAT Critical Reading +

Math

36 1590 to 1600 36 35 1570 to 1580 35 34 1540 to 1560 34 33 1510 to 1530 33 32 1480 to1500 32 31 1450 to 1470 31 30 1420 to 1440 30 29 1380 to 1410 29 28 1340 to 1370 28 27 1310 to 1330 27 26 1270 to 1300 26 25 1240 to 1260 25 24 1200 to 1230 24 23 1160 to 1190 23 22 1120 to 1150 22 21 1090 to1110 21 20 1060 to 1080 20 19 1020 to 1050 19 18 980 to 1010 18 17 940 to 970 17 16 900 to 930 16 15 850 to 890 15 14 800 to 840 14 13 750 to 790 13 12 660 to 740 12 11 580 to 650 11 10 520 to 570 10 9 460 to 510 9 8 400 to 450 8




c) High school class ranks submitted in accordance with this Part shall be converted

to an Illinois Standard Rank Score as follows: 1) First, determine the percentile of the class rank for each student in

accordance with the following formula: Percentile = [Size of Class MINUS (Rank in Class minus .5)] divided by

Size of Class 2) Then, use the table below to convert a percentile class rank to the Illinois

Standard Rank Score.

Percentile Illinois Standard Rank Score

99.75 - 99.99 30 99.54 - 99.74 29 99.19 - 99.53 28 98.62 - 99.18 27 97.73 - 98.61 26 96.42 - 97.72 25 94.53 - 96.41 24 91.93 - 94.52 23 88.50 - 91.92 22 84.14 - 88.49 21 78.82 - 84.13 20 72.58 - 78.81 19 65.55 - 72.57 18 57.94 - 65.54 17 50.00 - 57.93 16

d) An Illinois Weighted Selection Score for each student shall be computed by

adding the Illinois Standard Test Score to the Illinois Standard Rank Score. e) In any academic year, the number of State Scholars is approximately equal to ten

percent of the estimated total number of Illinois high school graduates. ISAC annually establishes a minimum Weighted Selection Score to yield this result.

f) Notwithstanding the previous provisions in this Section, any student nominated

by his or her school shall be designated a State Scholar if that student achieves a




score at or above the 95th percentile on the ACT, or the equivalent on a comparable examination, regardless of that student's class rank.

g) A Certificate of Achievement and congratulatory letter are issued for each State

Scholar. Subject to appropriation, each State Scholar who enrolls or is enrolled at least half-time in his or her first year at an Illinois institution of higher learning shall also receive a one-time grant of $1,000 to be applied to tuition and mandatory fees. A student who has been awarded a Merit Recognition Scholarship may not be awarded a grant under this Part.

h) A listing of State Scholars shall be available upon request to colleges, members of

the General Assembly and to the media. i) Mailing labels of State Scholars' names shall be available, at cost, to Illinois

colleges, universities and associations of Illinois colleges. Payment must be received by ISAC at the time the mailing labels are ordered. Requestors of labels shall provide written assurance to ISAC that the labels will not be resold or released to others in any manner.

j) High school officials or student candidates shall have a period of 60 days

following the announcement of the State Scholars to appeal a student's status. (See 23 Ill. Adm. Code 2700.70, Appeal Procedures.)

k) If an appeal concerning an applicant's eligibility is received, ISAC shall request

the high school verify the reported data. If the conflict remains, ISAC shall conduct an audit of the high school's records in accordance with 23 Ill. Adm. Code 2700.60.


Section 2760.40 Institutional Procedures

a) Funds shall be remitted to institutions on behalf of recipients. If funds are insufficient to provide grants to all qualified students, ISAC shall allocate the appropriation according to proration.

b) Scholarship funds may be used to finance tuition and mandatory fee expenses for

any term, including a summer term.




c) The institution submits a request for payment to ISAC. The request must be received within one year after and including the date of the student's high school graduation.

d) Upon receipt of scholarship funds, the institution shall verify the recipient's

enrollment status. If the recipient is enrolled at least half time in his or her first year of college, the institution may credit the funds to the recipient's account.

e) To provide sufficient time for processing and vouchering through the State

Comptroller's Office in Springfield, all payment requests, except for summer term, must be received by ISAC no later than July 1. Summer term payment requests must be received no later than July 31.





1) Heading of the Part: Illinois Future Teacher Corps (IFTC) Program 2) Code Citation: 23 Ill. Adm. Code 2764 3) Section Numbers: Adopted Action:

2764.20 Amendment 2764.30 Amendment

4) Statutory Authority: Implementing Section 52 of the Higher Education Student

Assistance Act [110 ILCS 947/52] and authorized by Sections 20(f) and 52(h) of the Higher Education Student Assistance Act [110 ILCS 947/20(f) and 52(h)]

5) Effective Date of Rulemaking: July 1, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: February 6, 2009; 33 Ill. Reg. 2115 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposed and final version: The changes made were nonsubstantive


agreement letter issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Rulemaking: This Part is amended to accommodate Public Act

95-939, which requires the allocation of 200 awards annually to participants in the Golden Apple Scholars of Illinois program.





Lynn Hynes Agency Rules Coordinator Illinois Student Assistance Commission 1755 Lake Cook Road Deerfield, IL 60015 847/948-8500 ext. 2216 FAX: 847/831-8327 email: [email protected]







PART 2764 ILLINOIS FUTURE TEACHER CORPS (IFTC) PROGRAM

Section 2764.10 Summary and Purpose 2764.20 Applicant Eligibility 2764.30 Program Procedures 2764.40 Institutional Procedures AUTHORITY: Implementing Section 52 of the Higher Education Student Assistance Act [110 ILCS 947/52] and authorized by Sections 20(f) and 52(h) of the Higher Education Student Assistance Act [110 ILCS 947/20(f) and 52(h)]. SOURCE: Emergency rules adopted at 19 Ill. Reg. 976, effective February 1, 1995, for a maximum of 150 days; emergency expired on June 30, 1995; adopted at 19 Ill. Reg. 11367, effective August 1, 1995; amended at 20 Ill. Reg. 9141, effective July 1, 1996; old Part repealed at 21 Ill. Reg. 11027 and new Part adopted at 21 Ill. Reg. 11029, effective July 18, 1997; amended at 22 Ill. Reg. 11043, effective July 1, 1998; amended at 24 Ill. Reg. 9095, effective July 1, 2000; amended at 27 Ill. Reg. 10395, effective July 1, 2003; emergency amendment at 27 Ill. Reg. 14860, effective September 10, 2003, for a maximum of 150 days; amended at 28 Ill. Reg. 1749, effective January 25, 2004; amended at 28 Ill. Reg. 9162, effective July 1, 2004; amended at 30 Ill. Reg. 11687, effective July 1, 2006; amended at 32 Ill. Reg. 10333, effective July 1, 2008; amended at 33 Ill. Reg. 9784, effective July 1, 2009. Section 2764.20 Applicant Eligibility

a) A qualified applicant shall be:

1) shall be:

A) a United States citizen or eligible noncitizen;

B2) a resident of Illinois;

C3) a high school graduate or a person who has received a General




Educational Development (GED) Certificate;

D4) enrolled, or accepted for enrollment, at or above the junior level, on at least a half-time basis at an Illinois institution of higher learning; and

E5) pursuing a postsecondary course of study leading to initial teacher

certification or taking additional courses needed to gain Illinois State Board of Education (ISBE) approval to teach, including alternative teacher certification [110 ILCS 947/52]; or.

2) shall be a Golden Apple Scholar enrolled, or accepted for enrollment, at or

above the junior level, on at least a half-time basis at an Illinois institution of higher learning.

b) In any academic year in which the qualified applicant accepts or receives financial

assistance through the Paul Douglas Teacher Scholarship Program (23 Ill. Adm. Code 2762), the Minority Teachers of Illinois Scholarship Program (23 Ill. Adm. Code 2763), the Special Education Teacher Tuition Waiver Program (23 Ill. Adm. Code 2765), or the Teach Illinois Scholarship (23 Ill. Adm. Code 2768), or from the Golden Apple Foundation, the qualified applicant shall not be eligible for scholarship assistance under this Part.


Section 2764.30 Program Procedures

a) Golden Apple Scholars shall be designated by the Golden Apple Foundation. All other applicants must complete and file the form which the U.S. Department of Education (ED) designates as an application for federal student financial aid for the purpose of determining the Expected Family Contribution (EFC) thatwhich is used as a selection criterion for this award. (See sectionSection 483 of the Higher Education Act of 1965, as amended (20 USC 1070a).)

b) A completed ISAC application for the IFTC Program must be postmarked on or

before March 1 immediately preceding the academic year for which the scholarship is being requested, in order to receive priority consideration for an award.




1) Applications are available at qualified institutions of higher learning, ISAC's Web site, and ISAC's Springfield, Deerfield and Chicago offices.

2) ISAC will make renewal applications available to all qualified students

who were awarded assistance under this Part during the preceding academic year.

3) If the student section of an ISAC application is incomplete, ISAC will

notify the applicant. The applicant will then have an opportunity to furnish the missing information; however, the application will be considered for processing as of the date when the application is complete and received at ISAC's Deerfield office.

c) Selection of Recipients

1) In each year, a minimum of 200 awards shall be allocated to participants

in the Golden Apple Scholars of Illinois program [110 ILCS 947/52].

21) After satisfying the minimum number of awards to participants in the Golden Apple Scholars of Illinois program, ISAC shall give first preference in the selection process to the previous academic year's recipients of assistance under this Part who are not Golden Apple Scholars, provided he or she meets the following qualifications:

A) continues to maintain a cumulative grade point average (GPA) of

no less than 2.5 on a 4.0 scale; B) maintains his or her status as a qualified applicant, as outlined in

Section 2764.20(a); C) maintains satisfactory academic progress as determined by the

institution; and D) has submitted an application on a timely basis.

32) For all other qualified applicants who are not Golden Apple Scholars, priority, in combination with the following criteria, is given to those who filed timely applications and are enrolled in a teacher shortage discipline (including early childhood education), pledged on the Teaching




Agreement/Promissory Note to teach in a hard-to-staff school, or enrolled in a teacher shortage discipline and pledged to teach in a hard-to-staff school. Point values are assigned to the criteria and awards are made according to the highest point totals.

A) Cumulative grade point averages: 0-40 points, reflecting the GPA

from highest to the lowest. All grade point averages will be converted to a four-point scale;

B) Expected Family Contribution (EFC): 0-30 points, from the lowest

to the highest; C) Minority students: 15 points.

43) If all other criteria are equal, priority consideration will be given to the

qualified applicant who submitted his or her completed application to ISAC on the earliest date.

d) A recipient may receive up to 4 semesters/6 quarters of scholarship assistance

under this program. e) Scholarship funds are applicable toward two semesters/three quarters of half-time

and full-time study within an academic year. f) The total number of scholarships awarded in a given fiscal year is contingent

upon available funding. g) To the extent necessary to administer this program within the limits of the State

appropriation, the Commission may adjust the priority consideration factors and scholarship amounts established by this Section.

h) ISAC shall publish guidelines for the awarding of IFTC scholarships. i) Notice of eligibility shall be sent by ISAC to each qualified applicant who is

selected to receive an IFTC scholarship. A notice will be sent by ISAC to each qualified applicant who is not selected to receive an IFTC scholarship.

j) Scholarship Stipulations




1) For Golden Apple Scholars to receive scholarship assistance for any academic year, the qualified applicant must have signed the Golden Apple Scholars of Illinois Agreement and Statement of Eligibility and Compliance that are on file at the Golden Apple Foundation.

2j) For all others, priorPrior to receiving scholarship assistance for any

academic year, the qualified applicant must sign an IFTCa Teaching Agreement/Promissory Note that is submitted to ISAC. The IFTC Teaching Agreement/Promissory Note shall include the following stipulations:

A1) the recipient pledges to teach, on a full-time basis, for a period of

not less than five years and in accordance with any additional commitment to teach in a teacher shortage discipline (which shall include early childhood education) or at a hard-to-staff school, or both;

B2) the recipient shall begin teaching within one year following

completion of the postsecondary education degree or certificate program for which the scholarship was awarded, and shall teach on a continuous basis for the required period of time;

C3) the teaching requirement will be fulfilled at a nonprofit Illinois

public, private or parochial preschool, or an Illinois public elementary or secondary school and if the award made under this Part was for teaching at a hard-to-staff school, the school must qualify for teacher loan cancellation under sectionSection 465(a)(2)(A) of the HEA (see 20 USC 1087ee);

D4) if the teaching requirement is not fulfilled, the scholarship converts

to a loan and the recipient must repay the entire amount of the scholarships prorated according to the fraction of the teaching obligation not completed, plus interest at a rate equal to five percent and, if applicable, reasonable collection fees;

E5) the recipient agrees to provide ISAC with evidence of compliance

with program requirements (e.g., responses to annual follow-up questionnaires, etc.); and




F6) the recipient promises to use the proceeds of the scholarship for educational expenses.

k) Except for Golden Apple Scholars, aA recipient of a scholarship awarded under

this Part shall not be in violation of the agreement entered into pursuant to subsection (j)(2) during the period in which the recipient: 1) serves, for not more than three years, as a member of the United States

Armed Forces; or 2) is enrolled full-time in a graduate course of study related to the field of

teaching at an institution of higher learning; or 3) is temporarily totally disabled, for not more than three years, as

established by the sworn affidavit of a qualified physician; or 4) is actively seeking but unable to find full-time employment as a teacher at

a school that satisfies the criteria set forth in subsection (j)(2)(C)(j)(3) for one continuous period not to exceed two years, and is able to provide evidence of that fact; or

5) is taking additional courses, on at least a half-time basis, needed to obtain

certification as a teacher in Illinois; or

6) is fulfilling teaching requirements associated with other programs administered by ISAC if he or she cannot concurrently fulfill them in a period of time equal to the length of the teaching commitment.

l) Except for Golden Apple Scholars, ifIf a recipient is required to repay any portion

of the scholarship, the repayment period shall be completed within ten years after the scholarship converts to a loan. This ten-year period may be extended if the recipient: 1) serves, for not more than three years, as a member of the United States

Armed Forces; or 2) is temporarily disabled, for not more than three years, as established by the

sworn affidavit of a licensed physician; or




3) is pursuing a graduate course of study and is enrolled on a full-time basis for one continuous period of time not to exceed three years; or

4) is seeking and unable to find full-time employment for one continuous

period not to exceed two years and is able to provide evidence of that fact; or

5) withdraws from a course of study leading to certification/approval in a

teacher shortage discipline, but is enrolled at least half-time as an undergraduate for one continuous period of time not to exceed three years.

m) During the time a recipient qualifies for any of the extensions listed in subsection

(l), he or she shall not be required to make payments and interest shall not accrue. n) Except for Golden Apple Scholars, aA recipient shall enter repayment status on

the earliest of the following dates: 1) the first day of the first calendar month after the recipient has ceased to

pursue a course of study leading to certification as a teacher, but not until six months have elapsed after the cessation of at least half-time enrollment in such a course of study;

2) the date the recipient informs ISAC that he or she does not plan to fulfill

the teaching obligation; or 3) the day after the latest date upon which the recipient must have begun

teaching after completing the postsecondary education for which the scholarship was awarded.

o) Except for Golden Apple Scholars, aA recipient shall not be required to repay the

amount of the scholarships received if he or she becomes permanently totally disabled, as established by the sworn affidavit of a licensed physician (see, e.g., 34 CFR 653.42(k)(1)), or if his or her representative provides ISAC with a death certificate or other evidence that the recipient has died.

p) Renewal recipients may receive a subsequent award even if their discipline is no

longer on the approved list of teacher shortage disciplines. q) Golden Apple Scholars must comply with the stipulations as stated in the Golden




Apple Scholars of Illinois Agreement and Statement of Eligibility and Compliance.



SECRETARY OF STATE


1) Heading of the Part: Issuance of Licenses 2) Code Citation: 92 Ill. Adm. Code 1030 3) Section Number: Adopted Action:

1030.97 Amendment

4) Statutory Authority: 625 ILCS 5/2-104; 625 ILCS 5/6-206 5) Effective Date of Amendment: June 29, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this amendment contain incorporations by reference? Yes 8) A copy of the adopted rulemaking, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: 33 Ill. Reg. 4559; March 27, 2009 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Differences between proposal and final version: Technical, non-substantive changes

were made as suggested by JCAR. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in

the agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? Yes Section Numbers: Proposed Action: Illinois Register Citation:

1030.14 New Section 33 Ill. Reg. 6243; May 1, 2009 1030.92 Amendment 33 Ill. Reg. 8890; June 26, 2009

15) Summary and Purpose of Amendment: This rulemaking has been amended to reflect the

correct authority section for suspension of a driver under the age of 18 in conjunction with Public Act 95-894.


SECRETARY OF STATE


16) Information and questions regarding this adopted amendment shall be directed to: Arlene J. Pulley Office of the Secretary of State Driver Services Department 2701 South Dirksen Parkway Springfield, Illinois 62723 217-557-4462 The full text of the Adopted Amendment begins on the next page:


SECRETARY OF STATE



PART 1030

ISSUANCE OF LICENSES Section 1030.1 Definitions 1030.10 What Persons Shall Not be Licensed or Granted Permits 1030.11 Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License 1030.13 Denial of License or Permit 1030.15 Cite for Re-testing 1030.16 Physical and Mental Evaluation 1030.17 Errors in Issuance of Driver's License/Cancellation 1030.18 Medical Criteria Affecting Driver Performance 1030.20 Classification of Drivers – References (Repealed) 1030.30 Classification Standards 1030.40 Fifth Wheel Equipped Trucks 1030.50 Bus Driver's Authority, Religious Organization and Senior Citizen Transportation 1030.55 Commuter Van Driver Operating a For-Profit Ridesharing Arrangement 1030.60 Third-Party Certification Program 1030.63 Religious Exemption for Social Security Numbers 1030.65 Instruction Permits 1030.70 Driver's License Testing/Vision Screening 1030.75 Driver's License Testing/Vision Screening With Vision Aid Arrangements Other

Than Standard Eye Glasses or Contact Lenses 1030.80 Driver's License Testing/Written Test 1030.81 Endorsements 1030.82 Charter Bus Driver Endorsement Requirements 1030.83 Hazardous Material Endorsement 1030.84 Vehicle Inspection 1030.85 Driver's License Testing/Road Test 1030.86 Multiple Attempts − Written and/or Road Tests 1030.88 Exemption of Facility Administered Road Test 1030.89 Temporary Driver's Licenses and Temporary Instruction Permits 1030.90 Requirement for Photograph and Signature of Licensee on Driver's License 1030.91 Disabled Person Identification Card 1030.92 Restrictions 1030.93 Restricted Local Licenses


SECRETARY OF STATE


1030.94 Duplicate or Corrected Driver's License or Instruction Permit 1030.95 Consular Licenses (Repealed) 1030.96 Seasonal Restricted Commercial Driver's License 1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege 1030.98 School Bus Commercial Driver's License or Instruction Permit 1030.100 Anatomical Gift Donor (Repealed) 1030.110 Emergency Medical Information Card 1030.115 Change-of-Address 1030.120 Issuance of a Probationary License 1030.130 Grounds for Cancellation of a Probationary License 1030.140 Use of Captured Images 1030.APPENDIX A Questions Asked of a Driver's License Applicant 1030.APPENDIX B Acceptable Identification Documents AUTHORITY: Implementing Article I of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/Ch. 6, Art. I] and authorized by Section 2-104(b) of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)]. SOURCE: Filed March 30, 1971; amended at 3 Ill. Reg. 7, p. 13, effective April 2, 1979; amended at 4 Ill. Reg. 27, p. 422, effective June 23, 1980; amended at 6 Ill. Reg. 2400, effective February 10, 1982; codified at 6 Ill. Reg. 12674; amended at 9 Ill. Reg. 2716, effective February 20, 1985; amended at 10 Ill. Reg. 303, effective December 24, 1985; amended at 10 Ill. Reg. 18182, effective October 14, 1986; amended at 11 Ill. Reg. 9331, effective April 28, 1987; amended at 11 Ill. Reg. 18292, effective October 23, 1987; amended at 12 Ill. Reg. 3027, effective January 14, 1988; amended at 12 Ill. Reg. 13221, effective August 1, 1988; amended at 12 Ill. Reg. 16915, effective October 1, 1988; amended at 12 Ill. Reg. 19777, effective November 15, 1988; amended at 13 Ill. Reg. 5192, effective April 1, 1989; amended at 13 Ill. Reg. 7808, effective June 1, 1989; amended at 13 Ill. Reg. 12880, effective July 19, 1989; amended at 13 Ill. Reg. 12978, effective July 19, 1989; amended at 13 Ill. Reg. 13898, effective August 22, 1989; amended at 13 Ill. Reg. 15112, effective September 8, 1989; amended at 13 Ill. Reg. 17095, effective October 18, 1989; amended at 14 Ill. Reg. 4570, effective March 8, 1990; amended at 14 Ill. Reg. 4908, effective March 9, 1990; amended at 14 Ill. Reg. 5183, effective March 21, 1990; amended at 14 Ill. Reg. 8707, effective May 16, 1990; amended at 14 Ill. Reg. 9246, effective May 16, 1990; amended at 14 Ill. Reg. 9498, effective May 17, 1990; amended at 14 Ill. Reg. 10111, effective June 11, 1990; amended at 14 Ill. Reg. 10510, effective June 18, 1990; amended at 14 Ill. Reg. 12077, effective July 5, 1990; amended at 14 Ill. Reg. 15487, effective September 10, 1990; amended at 15 Ill. Reg. 15783, effective October 18, 1991; amended at 16 Ill. Reg. 2182, effective January 24, 1992; emergency amendment at 16 Ill. Reg. 12228, effective July 16, 1992, for a maximum of 150 days; emergency expired on December


SECRETARY OF STATE


13, 1992; amended at 16 Ill. Reg. 18087, effective November 17, 1992; emergency amendment at 17 Ill. Reg. 1219, effective January 13, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 2025, effective February 1, 1993; amended at 17 Ill. Reg. 7065, effective May 3, 1993; amended at 17 Ill. Reg. 8275, effective May 24, 1993; amended at 17 Ill. Reg. 8522, effective May 27, 1993; amended at 17 Ill. Reg. 19315, effective October 22, 1993; amended at 18 Ill. Reg. 1591, effective January 14, 1994; amended at 18 Ill. Reg. 7478, effective May 2, 1994; amended at 18 Ill. Reg. 16457, effective October 24, 1994; amended at 19 Ill. Reg. 10159, effective June 29, 1995; amended at 20 Ill. Reg. 3891, effective February 14, 1996; emergency amendment at 20 Ill. Reg. 8358, effective June 4, 1996, for a maximum of 150 days; emergency amendment repealed in response to an objection of the Joint Committee on Administrative Rules at 20 Ill. Reg. 14279; amended at 21 Ill. Reg. 6588, effective May 19, 1997; amended at 21 Ill. Reg. 10992, effective July 29, 1997; amended at 22 Ill. Reg. 1466, effective January 1, 1998; emergency amendment at 23 Ill. Reg. 9552, effective August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13947, effective November 8, 1999; amended at 24 Ill. Reg. 1259, effective January 7, 2000; emergency amendment at 24 Ill. Reg. 1686, effective January 13, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 6955, effective April 24, 2000; emergency amendment at 24 Ill. Reg. 13044, effective August 10, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18400, effective December 4, 2000; amended at 25 Ill. Reg. 959, effective January 5, 2001; amended at 25 Ill. Reg. 7742, effective June 5, 2001; amended at 25 Ill. Reg. 12646, effective September 24, 2001; emergency amendment at 25 Ill. Reg. 12658, effective September 24, 2001, for a maximum of 150 days; emergency expired February 20, 2002; amended at 26 Ill. Reg. 9961, effective June 24, 2002; amended at 27 Ill. Reg. 855, effective January 3, 2003; emergency amendment at 27 Ill. Reg. 7340, effective April 14, 2003, for a maximum of 150 days; emergency expired September 10, 2003; emergency amendment at 27 Ill. Reg. 16968, effective October 17, 2003, for a maximum of 150 days; emergency expired March 14, 2004; emergency amendment at 28 Ill. Reg. 384, effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004; amended at 28 Ill. Reg. 8895, effective June 14, 2004; amended at 28 Ill. Reg. 10776, effective July 13, 2004; amended at 29 Ill. Reg. 920, effective January 1, 2005; emergency amendment at 29 Ill. Reg. 2469, effective January 31, 2005, for a maximum of 150 days; emergency expired June 29, 2005; amended at 29 Ill. Reg. 9488, effective June 17, 2005; amended at 29 Ill. Reg. 12519, effective July 28, 2005; amended at 29 Ill. Reg. 13237, effective August 11, 2005; amended at 29 Ill. Reg. 13580, effective August 16, 2005; amended at 30 Ill. Reg. 910, effective January 6, 2006; amended at 30 Ill. Reg. 5621, effective March 7, 2006; amended at 30 Ill. Reg. 11365, effective June 15, 2006; emergency amendment at 30 Ill. Reg. 11409, effective June 19, 2006, for a maximum of 150 days; emergency expired November 15, 2006; amended at 31 Ill. Reg. 4782, effective March 12, 2007; amended at 31 Ill. Reg. 5096, effective March 15, 2007; amended at 31 Ill. Reg. 5864, effective March 29, 2007; amended at 31 Ill. Reg. 6370, effective April 12, 2007; amended at 31 Ill. Reg. 7643, effective May 16, 2007; amended at 31 Ill. Reg. 11342, effective July 18, 2007;


SECRETARY OF STATE


amended at 31 Ill. Reg. 14547, effective October 9, 2007; amended at 31 Ill. Reg. 14849, effective October 22, 2007; amended at 31 Ill. Reg. 16543, effective November 27, 2007; amended at 31 Ill. Reg. 16843, effective January 1, 2008; emergency amendment at 32 Ill. Reg. 208, effective January 2, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 6544, effective April 4, 2008; amended at 33 Ill. Reg. 2391, effective January 21, 2009; amended at 33 Ill. Reg. 8489, effective June 5, 2009; amended at 33 Ill. Reg. 9794, effective June 29, 2009. Section 1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege

a) The Department shall invalidate a driver's license, permit and/or driving

privileges: 1) When the holder voluntarily surrenders the license or permit and declares

the intention to do so in writing to the Department; 2) When the Department receives a certified court order indicating the holder

is to refrain from driving; 3) Upon the death of the holder; or 4) Upon the entry of a suspension of a driver under the age of 18 pursuant to

IVC Section 6-206(a)(4), (11), (16), (21), (31), (33), (34, prior to 7/30/98), (36), or (43, prior to 1/1/09) or (44) and/or IVC Section 11-501.8.

b) A driver's license or permit invalidated based upon a voluntary surrender under

this Section may be reinstated in the same manner as prescribed by IVC Sections 6-114 and 6-115.

c) A driver's license or permit invalidated under this Section shall nullify the holder's

driving privileges. d) A license or permit invalidated upon the death of the holder may be released to a

relative of the decedent, provided the actual license or permit bears a readily identifiable designation evidencing invalidation. To invalidate a license or permit, a hole shall be punched through the issuance date and the expiration date of the license or permit by an employee of the Secretary of State or a law enforcement official.

e) The Secretary of State employee or a law enforcement official who invalidates a


SECRETARY OF STATE


license or permit upon the death of the holder shall make a report of the matter to the Secretary of State on a form provided or approved by the Secretary of State.

f) Driving privileges invalidated based upon a court order may be reinstated upon

receipt of a court order granting reinstatement or an order from the court terminating probation, conditional discharge or court supervision.

g) A driver whose driving privileges are invalidated pursuant to subsection (a)(b)(4),

and whose driving privileges are suspended for six months or longer, may be reinstated upon successful completion of a driver remedial education course, the payment of all reinstatement fees and re-testing under IVC Section 6-109.

h) A driver whose driving privileges are invalidated pursuant to subsection (a)(4),

and whose driving privileges are suspended for less than six months, may be reinstated upon successful completion of a driver remedial education course and the payment of all reinstatement fees.



SECETARY OF STATE


1) Heading of the Part: Cancellation, Revocation or Suspension of Licenses or Permits 2) Code Citation: 92 Ill. Adm. Code 1040 3) Section Numbers: Adopted Action:

1040.28 Amendment 1040.107 Amendment

4) Statutory Authority: 625 ILCS 5/2-104, 625 ILCS 5/6-206 and 625 ILCS 5/11-107 5) Effective Date of Amendments: June 25, 2009 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the adopted amendments, including any material incorporated by reference, is

on file in the agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: 33 Ill. Reg. 4283; March 20, 2009 10) Has JCAR issued a Statement of Objection to this rulemaking? No 11) Difference between proposal and final version: Technical, non-substantive changes were

made as suggested by JCAR. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements issued by JCAR? Yes 13) Will this rulemaking replace any emergency rulemaking currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Amendments: Section 1040.28 is in reference to a

suspension/revocation for a traffic offense committed by a person under the age of 21 after having a prior suspension for 6-206a36. The rule is amended to reflect the authority section as 60206a43 prior to January 1, 2009 and the authority section as 6-206a44 as of January 1, 2009 and thereafter. Section 1040.107 is amended due to passage of Senate Bill 2713, Public Act 95-894, that became effective January 1, 2009. Language is added


SECETARY OF STATE


to take sanctions for violations of Section 11-907, subsection c, of the Illinois Vehicle Code, only if the violation results in property damage, death or personal injury to another.


Arlene J. Pulley Office of the Secretary of State Driver Services Department 2701 South Dirksen Parkway Springfield, Illinois 62723

217/782-3385 The full text of the Adopted Amendments begins on the next page:


SECETARY OF STATE



PART 1040

CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS

Section 1040.1 Definitions 1040.10 Court to Forward Licenses and Reports of Convictions 1040.20 Illinois Offense Table 1040.25 Suspension or Revocation for Driving Without a Valid Driver's License 1040.28 Suspension or Revocation for Traffic Offense Committed by a Person Under the

Age of 21 Years After a Prior Suspension Under Part 1040.29 1040.29 Suspension or Revocation for Two or More Traffic Offenses Committed Within

24 Months by a Person Under the Age of 21 1040.30 Suspension or Revocation for Three or More Traffic Offenses Committed Within

12 Months 1040.31 Operating a Motor Vehicle During a Period of Suspension or Revocation 1040.32 Suspension or Revocation of Driver's Licenses, Permits or Identification Cards

Used Fraudulently 1040.33 Suspension or Revocation of Driver's Licenses/Permits for Fictitious or

Unlawfully Altered Disability License Plate or Parking Decal or Device or Fraudulent Disability License Plate or Parking Decal or Device

1040.34 Suspension or Revocation for Conviction for Possession/Consumption of Alcohol for Persons Under Age 21

1040.35 Administrative Revocation for Commission of an Offense Requiring Mandatory Revocation Upon Conviction, and Suspension or Revocation Based Upon a Local Ordinance Conviction

1040.36 Suspension for Violation of Restrictions on Driver's License 1040.37 Suspension for Violation of Restrictions on Instruction Permit 1040.38 Commission of a Traffic Offense in Another State 1040.40 Suspension or Revocation for Repeated Convictions or Collisions 1040.41 Suspension of Licenses for Curfew or Night Time Driving Restriction Violations 1040.42 Suspension or Revocation for Fleeing and Eluding 1040.43 Suspension or Revocation for Illegal Transportation 1040.46 Suspension or Revocation for Fatal Accident and Personal Injury Suspensions or

Revocations 1040.48 Vehicle Emission Suspensions (Repealed)


SECETARY OF STATE


1040.50 Occupational Driving Permit 1040.52 Driver Remedial Education Course 1040.55 Suspension or Revocation for Driver's License Classification Violations 1040.60 Release of Information Regarding a Disposition of Court Supervision 1040.65 Offenses Occurring on Military Bases 1040.66 Invalidation of a Restricted Driving Permit 1040.70 Problem Driver Pointer System 1040.80 Cancellation of Driver's License Upon Issuance of a Disabled Person

Identification Card 1040.100 Rescissions 1040.101 Reinstatement Fees 1040.102 Bankruptcy Rule for Suspensions, Cancellations, Failure to Pay and Returned

Checks Actions 1040.105 Suspension for Five or More Tollway Violations and/or Evasions 1040.107 Suspension for Violation of Improperly Approaching a Stationary Emergency Vehicle 1040.108 Suspension for Failure to Make Report of Vehicle Accident Violations 1040.109 Suspension for Two or More Convictions for Railroad Crossing Violations 1040.110 Bribery 1040.111 Suspension for Failure to Yield upon Entering a Construction or Maintenance

Zone when Workers Are Present 1040.115 Suspension for Theft of Motor Fuel 1040.116 Discretionary Suspension/Revocation; Committing Perjury; Submitting

False/Fraudulent Documents; Notification by Department of Administrative Hearings

AUTHORITY: Implementing Articles II and VII of the Illinois Vehicle Code [625 ILCS 5/Ch. 6, Arts. II and VII] and authorized by Section 2-104(b) of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)]. SOURCE: Filed September 22, 1972; amended at 3 Ill. Reg. 26, p. 282, effective June 30, 1979; amended at 5 Ill. Reg. 3533, effective April 1, 1981; amended at 6 Ill. Reg. 4239, effective April 2, 1982; codified at 6 Ill. Reg. 12674; amended at 8 Ill. Reg. 2200, effective February 1, 1984; amended at 8 Ill. Reg. 3783, effective March 13, 1984; amended at 8 Ill. Reg. 18925, effective September 25, 1984; amended at 8 Ill. Reg. 23385, effective November 21, 1984; amended at 10 Ill. Reg. 15265, effective September 4, 1986; amended at 11 Ill. Reg. 16977, effective October 1, 1987; amended at 11 Ill. Reg. 20659, effective December 8, 1987; amended at 12 Ill. Reg. 2148, effective January 11, 1988; amended at 12 Ill. Reg. 14351, effective September 1, 1988; amended at 12 Ill. Reg. 15625, effective September 15, 1988; amended at 12 Ill. Reg. 16153,


SECETARY OF STATE


effective September 15, 1988; amended at 12 Ill. Reg. 16906, effective October 1, 1988; amended at 12 Ill. Reg. 17120, effective October 1, 1988; amended at 13 Ill. Reg. 1593, effective January 23, 1989; amended at 13 Ill. Reg. 5162, effective April 1, 1989; amended at 13 Ill. Reg. 7802, effective May 15, 1989; amended at 13 Ill. Reg. 8659, effective June 2, 1989; amended at 13 Ill. Reg. 17087, effective October 16, 1989; amended at 13 Ill. Reg. 20127, effective December 8, 1989; amended at 14 Ill. Reg. 2944, effective February 7, 1990; amended at 14 Ill. Reg. 3664, effective February 7, 1990; amended at 14 Ill. Reg. 5178, effective April 1, 1990; amended at 14 Ill. Reg. 5560, effective March 22, 1990; amended at 14 Ill. Reg. 14177, effective August 21, 1990; amended at 14 Ill. Reg. 18088, effective October 22, 1990; amended at 15 Ill. Reg. 14258, effective September 24, 1991; amended at 17 Ill. Reg. 8512, effective May 27, 1993; amended at 17 Ill. Reg. 9028, effective June 2, 1993; amended at 17 Ill. Reg. 12782, effective July 21, 1993; amended at 18 Ill. Reg. 7447, effective May 3, 1994; amended at 18 Ill. Reg. 10853, effective June 27, 1994; amended at 18 Ill. Reg. 11644, effective July 7, 1994; amended at 18 Ill. Reg. 16443, effective October 24, 1994; amended at 20 Ill. Reg. 2558, effective January 26, 1996; amended at 21 Ill. Reg. 8398, effective June 30, 1997; amended at 21 Ill. Reg. 10985, effective July 29, 1997; amended at 21 Ill. Reg. 12249, effective August 26, 1997; amended at 21 Ill. Reg. 12609, effective August 29, 1997; amended at 22 Ill. Reg. 1438, effective January 1, 1998; amended at 22 Ill. Reg. 5083, effective February 26, 1998; amended at 22 Ill. Reg. 13834, effective July 10, 1998; amended at 24 Ill. Reg. 1655, effective January 11, 2000; emergency amendment at 24 Ill. Reg. 8398, effective June 2, 2000, for a maximum of 150 days; emergency expired October 29, 2000; emergency amendment at 24 Ill. Reg. 16096, effective October 12, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 16689, effective October 30, 2000; amended at 25 Ill. Reg. 2723, effective January 31, 2001; amended at 25 Ill. Reg. 6402, effective April 26, 2001; emergency amendment at 26 Ill. Reg. 2044, effective February 1, 2002, for a maximum of 150 days; emergency expired June 30, 2002; emergency amendment at 26 Ill. Reg. 3753, effective February 21, 2002, for a maximum of 150 days; emergency expired July 20, 2002; amended at 26 Ill. Reg. 12373, effective July 25, 2002; amended at 26 Ill. Reg. 13684, effective August 28, 2002; amended at 29 Ill. Reg. 2441, effective January 25, 2005; amended at 29 Ill. Reg. 13892, effective September 1, 2005; amended at 29 Ill. Reg. 15968, effective October 7, 2005; amended at 30 Ill. Reg. 1896, effective January 26, 2006; amended at 30 Ill. Reg. 2557, effective February 10, 2006; amended at 30 Ill. Reg. 11299, effective June 12, 2006; amended at 31 Ill. Reg. 4792, effective March 12, 2007; amended at 31 Ill. Reg. 5647, effective March 20, 2007; amended at 31 Ill. Reg. 7296, effective May 3, 2007; amended at 31 Ill. Reg. 7656, effective May 21, 2007; amended at 31 Ill. Reg. 11356, effective July 19, 2007; amended at 31 Ill. Reg. 14559, effective October 9, 2007; amended at 31 Ill. Reg. 16880, effective January 1, 2008; amended at 33 Ill. Reg. 2603, effective January 22, 2009; amended at 33 Ill. Reg. 9801, effective June 25, 2009.


SECETARY OF STATE


Section 1040.28 Suspension or Revocation for Traffic Offense Committed by a Person Under the Age of 21 Years After a Prior Suspension Under Part 1040.29 When a person has been convicted of a point assigned traffic violation and the arrest date was prior to the age of 21, the Department shall take the following action:

a) If a person's driving record indicates one or more terminated suspensions in

accordance with IVC Section 6-206(a)(36) and an additional conviction is received, a six-month suspension shall be entered to the driving record in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.

b) If a person's driving record indicates one open, pending or terminated suspension

in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a 12-month suspension shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.

c) If a person's driving record indicates two open, pending or terminated suspensions

in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a revocation shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.

d) If a person's driving record indicates one or more, pending or terminated

revocations in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a revocation shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.

e) If a person's driving record indicates one or more terminated revocations in

accordance with IVC Section 6-206(a)(36) and an additional conviction is received, a revocation shall be entered to the driving record in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.


SECETARY OF STATE


(Source: Amended at 33 Ill. Reg. 9801, effective June 25, 2009) Section 1040.107 Suspension for Violation of Improperly Approaching a Stationary Emergency Vehicle

a) If the Department receives a conviction for IVC Section 11-907(c), the Department shall take the following action:

ACTION TABLE

Convictions Action Conviction with an arrest date prior to 1/1/09

3-month suspension

Conviction with an arrest date of 1/1/09 or thereafter 1st or subsequent conviction that results in property damage to another

3-month suspension

1st or subsequent conviction that results in injury to another person

6-month Suspension

1st or subsequent conviction that results in death of another person

24-month Suspension

b) If a person has one or more open or pending suspensions and a conviction for

violation of IVC Section 11-907(c) is received, a suspension shall be entered in accordance with subsection (a) and will become effective upon the latest provisional or projected termination date of the suspension on record.

c) If the Department receives a conviction and the record reflects an open suspension with a provisional termination date in the past, a suspension will be entered in accordance with subsection (a).

d) If a person has one or more open or pending revocations and a conviction for

violation of IVC Section 11-907(c) is received, a suspension shall be entered in accordance with subsection (a).

e) If a record of judgment is received from the court, the Department shall enter a


SECETARY OF STATE


suspension for the period specified by the court or extend the period of an existing suspension for the period specified by the court.

a) If a person has no prior, open or pending suspensions or revocations and a

conviction for IVC Section 11-907(c) is received, the Department shall enter a 3-month suspension for a first or subsequent conviction, or, if a record of judgment is received, the length of the suspension shall be entered for the period specified by the court.

b) If a person has one or more open or pending revocations and a conviction for IVC

Section 11-907(c)is received, the Department shall enter a 3-month suspension for a first or subsequent conviction, or, if a record of judgment is received, the length of the suspension shall be entered for the period specified by the court.

c) If a person has one or more open or pending suspensions (excluding

miscellaneous suspensions) and a conviction for IVC Section 11-907(c) is received, the Department shall enter a 3-month suspension, or, if a record of judgment is received, the length of the suspension shall be entered for the period specified by the court for which the suspension would become effective upon the latest provisional or projected termination date of the suspension on record.

d) If a person has one or more open or pending suspensions (excluding

miscellaneous suspensions) and an open or pending revocation and a conviction for IVC Section 11-907(c)is received, the Department shall enter a 3-month suspension for the first or subsequent conviction, or, if a record of judgment is received, the length of the suspension shall be entered for the period specified by the court for which the suspension would become effective upon the latest provisional or projected termination date of the suspension on record.

e) If the provisional termination date of an open suspension is in the past, the

Department shall enter a 3-month suspension for the first or subsequent conviction, or, if a record of judgment is received, the length of the suspension shall be entered for the period specified by the court.




NOTICE OF EMERGENCY AMENDMENTS

1) Heading of the Part: Campaign Financing 2) Code Citation: 26 Ill. Adm. Code 100 3) Section Numbers: Emergency Action: 100.179 New Section 100.180 New Section 100.185 New Section 100.EXHIBIT A New Section 4) Statutory Authority: Implements 5/9-35 of the Election Code [10 ILCS 5/9-35] and

authorized by Section 9-35(h) of the Election Code [10 ILCS 5/9-35(h)]. 5) Effective Date of Amendments: June 29, 2009 6) If this emergency rulemaking is to expire before the end of the 150-day period, please

specify the date on which it is to expire: This emergency rulemaking will expire at the end of the 150-day period or upon adoption of permanent rules, whichever comes first.

7) Date filed with the Index Department: June 29, 2009 8) A copy of the emergency amendments, including any material incorporated by reference,

is on file in the agency's principal office and is available for public inspection. 9) Reason for Emergency: The effective date of PA 95-971 was January 1, 2009; however,

P.A. 95-1038 was enacted that authorized the SBEL to accept business entity registrations via paper or email attachment until August 1st. This emergency rulemaking replaces the previous emergency rulemaking that expired on May 31, 2009 and is needed to bridge the gap between the expiration of the previous emergency rulemaking and the date when the electronic registration system will be operational.

10) A Complete Description of the Subjects and Issues Involved: Sections 100.179 and 100.

Exhibit A of this rulemaking establishes a registration mechanism for business entities whose existing State contracts, or whose bids or proposals on State contracts exceed $50,000, to submit their registration forms via postal mail or e-mail using a PDF file attachment. The Board will time stamp the registration form, scan it, and e-mail or mail the form (which is deemed to be the certificate of registration) to the business entity for submission to the chief procurement officer (CPO) of the agency at which the contract is being sought. Businesses with existing bids or contracts must submit the certificate to the




CPO within 30 days after the effective date of the Act. The registration forms sent via email will be stored in an e-mail repository and be available for public viewing and downloading of hard copy forms. Registration forms that are submitted on paper will be stored in the principal office of the State Board of Elections. This Section will apply to affected business entities until such time that the electronic registration system is operational, which is expected to occur in mid July of 2009, but is required by P.A. 95-1038 to occur on or before August 1, 2009.

Section 100.180 of this rulemaking establishes procedures to be used by business entities

whose existing State contracts, or whose bids or proposals on State contracts exceed $50,000, to electronically register with the SBEL. Such entities will receive electronically a certificate of registration.

This Section 100.185 of this rulemaking sets forth the situations in which the SBEL must assess civil penalties against such entities (failure to update a registration, failure to submit the certificate of registration with a business’ affiliated persons/entities, etc.). This Section is applicable once the electronic registration system referred to above, is operational.

11) Are there any proposed amendments to this Part pending? No 12) Statement of Statewide Policy Objectives: This emergency rulemaking does not create or

expand a State mandate on local government. 13) Information and questions regarding this emergency rulemaking shall be directed to:

Steven S. Sandvoss General Counsel State Board of Elections 1020 S. Spring St. Springfield IL 62708 217-557-9939 [email protected]

The full text of the Emergency Amendments begins on the next page:




TITLE 26: ELECTIONS CHAPTER I: STATE BOARD OF ELECTIONS

PART 100

CAMPAIGN FINANCING Section 100.10 Definitions 100.20 Official Forms 100.30 Forwarding of Documents (Repealed) 100.40 Vacancies in Office – Custody of Records 100.50 Multiple Filings by State and Local Committees 100.60 Filing Option for a Federal Political Committee 100.70 Reports of Contributions and Expenditures 100.80 Report Forms 100.90 Provision Circumvention 100.100 Proof of Identification; Application for Inspection and Copying (Repealed) 100.110 Loans by One Political Committee to Another 100.120 Receipt of Campaign Contributions 100.125 Receipt by Mail of Pre-Election and Semiannual Reports of Campaign

Contributions and Expenditures 100.130 Reporting by Certain Nonprofit Organizations 100.140 Prohibited Contributions – State Property 100.150 Electronic Filing of Reports 100.160 Good Faith 100.170 Sponsoring Entity 100.175 Temporary Business Entity Registration Procedures EMERGENCY 100.180 Business Entity Registration Procedures EMERGENCY 100.185 Assessment of Civil Penalties EMERGENCY 100.EXHIBIT A Temporary Business Entity Registration Form EMERGENCY AUTHORITY: Implementing Article 9 of the Election Code [10 ILCS 5/Art. 9] and authorized by Section 9-15(3) of the Election Code [10 ILCS 5/9-15(3)].




SOURCE: Amended at 5 Ill. Reg. 1337, effective January 30, 1981; amended at 5 Ill. Reg. 12115, effective October 26, 1981; codified at 6 Ill. Reg. 7211; amended at 7 Ill. Reg. 225, effective December 16, 1982; amended at 14 Ill. Reg. 10824, effective June 22, 1990; amended at 16 Ill. Reg. 6982, effective April 21, 1992; amended at 18 Ill. Reg. 14707, effective September 9, 1994; amended at 21 Ill. Reg. 10044, effective July 21, 1997; emergency amendment at 23 Ill. Reg. 719, effective January 4, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 6796, effective May 24, 1999; emergency amendment at 24 Ill. Reg. 13039, effective August 9, 2000, for a maximum of 150 days; emergency expired January 5, 2001; amended at 24 Ill. Reg. 14214, effective September 11, 2000; amended at 29 Ill. Reg. 18785, effective November 7, 2005; amended at 30 Ill. Reg. 10261, effective June 1, 2006; amended at 30 Ill. Reg. 17496, effective November 3, 2006; amended at 31 Ill. Reg. 7142, effective May 1, 2007; emergency amendment at 33 Ill. Reg. 332, effective January 1, 2009, for a maximum of 150 days; emergency expired May 30, 2009; emergency amendment at 33 Ill. Reg. 9809, effective June 29, 2009, for a maximum of 150 days. Section 100.175 Temporary Business Entity Registration Procedures EMERGENCY

a) This Section is effective through August 1, 2009.

b) This Section complies with Public Acts 95-971 and 95-1038. Those Acts require any business entity whose existing State contracts or whose bids and proposals on State contracts combined with the business entity's existing State contracts in aggregate annually total more than $50,000 shall register with the State Board of Elections (SBEL) in accordance with Section 9-35 of the Election Code [10 ILCS 5/9-35] and authorize SBEL to implement a temporary filing system to be used until August 1, 2009. This Section is implementing that temporary filing system by which business entities must file the required registration forms provided by SBEL (see Exhibit A) via e-mail attachment in a PDF file or other type of mail service and receive registration certificates via e-mail or on paper from SBEL.

c) Upon completion of the electronic registration system required by Section 9-35 of

the Election Code, the Board will accept registrations in accordance with Section 100.180.

d) For purposes of this Section, the terms "business entity", "State contract",

"affiliated entity" and "affiliated person" have the meanings ascribed to those terms in Section 50-37 of the Illinois Procurement Code [30 ILCS 500/50-37] (Procurement Code).




e) Any business entity whose existing State contracts have an aggregate value in

excess of $50,000, or whose aggregate bids and proposals on State contracts, either separately or combined with existing State contracts, exceed $50,000 in value, shall register with SBEL by transmitting a registration form provided by SBEL (see Exhibit A) in an e-mail attachment using a PDF file. The transmission shall be sent to a dedicated e-mail address to be provided by SBEL. The registration form shall then be stored electronically and may be viewed by interested persons pursuant to subsection (q) or downloaded and printed as a paper copy if requested by the viewer. The transmitted form must contain a scanned original signature of the authorized business entity representative. In the alternative, the business entity may file the form in one of the two following ways:

1) On a paper form provided by SBEL (see Exhibit A). 2) Using a form contained on the SBEL website (www.elections.il.gov) that

the registrant can fill out while accessing the website, printing out the completed form.

f) The provisions of subsection (e) shall also apply to those business entities who

intend to submit bids or proposals on State contracts valued in the aggregate in excess of $50,000. Registration with SBEL must occur prior to submission of the bid or proposal. The business entities shall include with the bid or proposal the certificate of registration issued by SBEL.

g) Upon receipt of the registration form, SBEL will provide a stamped copy of the

form to the business entity, either by e-mail or first class mail. The stamped copy is deemed to be the certificate of registration that is to be submitted to the applicable chief procurement officer as provided in Section 20-160(c) of the Procurement Code. The stamped copy of the form will be transmitted or sent to the business entity within 2 business days after receipt of the registration form by SBEL.

h) A copy of the form shall be provided by the business entity to any affiliated

person or affiliated entity of the business entity by e-mail, first class mail or hand delivery within 10 days following the registration. The failure to timely provide this notice is a business offense and shall subject the business entity to a civil

http://www.elections.il.gov/�




penalty not to exceed $1,001. Complaints for violations of this subsection (h) shall be resolved in the same manner as those referred to in subsection (m).

i) Business entities that are required to register with SBEL pursuant to Section 20-

160 of the Procurement Code shall notify any political committee to which it makes a contribution that it is registered with SBEL. Any affiliated person or affiliated entity of the business entity that makes a contribution to any political committee shall also notify that committee of its affiliation with the business entity.

j) A business entity whose aggregate bids and proposals on State contracts exceed

$50,000 has a continuing duty to update the information provided on its registration form, and the update must be submitted to SBEL by e-mail or in paper form within 2 business days following the change in information.

k) Registration Form

1) The registration form must contain the following information:

A) The name and address of the business entity. B) The name and address of any affiliated entity of the business

entity, including a description of the affiliation.

C) The name and address of any affiliated person of the business entity, including a description of the affiliation.

D) The original signature or original scanned signature of the agent or

business entity representative, who shall be a person who has authority to act on behalf of the business entity.

E) The Federal Employer Identification Number assigned to the

business entity by the Internal Revenue Service. 2) Items in subsection (k)(1)(B) and (C) may be submitted on a CD Rom,

along with a duplicate copy. The information shall be in Microsoft Word compatible format and must not be password protected.




l) The provisions of Article 9 of the Election Code relating to complaints for violations of that Article shall apply to complaints for violations of Section 9-35 of the Election Code, including, but not limited to, Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with SBEL) and Section 9-35(e) (failure to update a registration and intentional, willful or material failure to disclose information required for registration). In addition to third parties, SBEL is authorized to initiate a complaint pursuant to this subsection (l).

m) Failure to update a registration pursuant to Section 20-160(d) and (e) of the

Procurement Code, which requires that any change in information be reported to SBEL within 2 business days after the change, will result in a $1,000 per day penalty for each day the information remains unreported. Recognizing that this 2-day reporting period is premised upon an electronic system rather than this temporary e-mail, hand delivery or mail system, in the event of a complaint for failing to timely report an update, SBEL will take into consideration the method of reporting the change when determining whether a violation has occurred.

n) Willful or intentional failure by a business entity to disclose material information

on its registration form shall subject the entity to a civil penalty assessed by SBEL not to exceed $5,000.

o) Upon the establishment of a fully functional and statutorily compliant electronic

registration system, business entities will be required to submit their registrations electronically, consistent with Section 9-35 of the Election Code. Within 60 days after establishment of the electronic system, all business entities that have submitted registration forms pursuant to this Section shall re-submit their registration form electronically. At the time of re-submission, SBEL will provide an electronic certificate of registration to the business entity.

p) SBEL will retain the stored registrations submitted by business entities for a

period of at least 6 months following establishment of the electronic registration system.

q) The public may view the registration submissions of business entities at SBEL's

principal office in Springfield during normal business hours. Copies of registrations of business entities shall also be available for public inspection at the SBEL principal office in Springfield.




(Source: Added by emergency rulemaking at 33 Ill. Reg. 9809, effective June 29, 2009, for a maximum of 150 days)

Section 100.180 Business Entity Registration Procedures EMERGENCY

a) This Section and Section 100.185 are adopted to comply with Public Act 95-971. Any business entity whose existing State contracts, whose bids and proposals on State contracts or whose bids and proposals on State contracts combined with the business entity's existing State contracts in aggregate annually total more than $50,000 shall register with SBEL in accordance with Section 9-35 of the Election Code [10 ILCS 5/9-35]. Those business entities that wish to submit a bid or proposal on a State contract must register with SBEL prior to submitting their bid or proposal. SBEL will provide a certificate of registration upon successful completion of the registration process.

b) Definitions

1) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", "affiliated person", and "executive employee" shall have the meanings ascribed to those terms in Section 50-37 of the Illinois Procurement Code [30 ILCS 500/50-37] (Procurement Code).

2) The term "annually", as used in Section 20-160 of the Procurement Code,

when referring to the aggregation of State contracts, shall mean the calendar year in which the contracts are bid on or awarded.

3) Unless otherwise indicated, any time frame involving a certain number of

days shall refer to business days. Business days shall be those days in which the office of SBEL is open to the public for a minimum of 7 hours.

4) The term "political committee" shall mean any political committee

required to file as such under the provisions of Article 9 of the Election Code (campaign disclosure law), regardless of whether the committee has filed a Statement of Organization pursuant to Section 9-3 of the Election Code.




5) The term "minor children" shall mean any children of an affiliated person who has not attained the age of 18 years of age as of the time of registration of the business entity with which the person is affiliated. The term shall include adopted children of the affiliated person but shall not include stepchildren.

c) Upon the establishment of a fully functional and statutorily compliant electronic

registration system, business entities will be required to submit their registration forms electronically consistent with Section 9-35 of the Election Code. Within 60 days after the establishment of the electronic system, all business entities that have submitted their registrations via e-mail attachment or on paper shall re-submit their registration electronically. SBEL will send notice to all such entities informing them that the electronic system has been established and setting a date on which the 60 day period is to begin. This re-registration requirement shall also affect any business entity that had previously registered with SBEL, but that is no longer required to be registered. At the time of re-submission, SBEL shall provide to the business entity an electronic certificate of registration.

d) Business entities shall register on a secure website provided by SBEL by first

creating an on-line account. SBEL will verify the authenticity of that account at the time of registration.

e) Registration Procedures

1) The following information must be supplied at the time of registration:

A) The name and address of the business entity. The address shall be the office designated by the entity as its principal office or its headquarters.

B) The name and address of each affiliated entity of the business

entity, including a description of the affiliation. The address shall be that of the principal office or headquarters of the affiliated entity.

C) The name and address of each affiliated person of the business

entity, including a description of the affiliation. At least one affiliated person is required to be listed on the registration. The name and address of any minor children who must be disclosed on




the business entity's registration by virtue of the fact that those persons fall under the definition of affiliated person, shall not be posted on the SBEL website.

D) The Federal Employer Identification Number (FEIN), if the

business has obtained such a number. If the business does not have a FEIN, an Illinois Business Tax Number (IBT) must be provided. If the business has neither of these numbers, it must provide an identifying number unique to that business that is capable of verification by SBEL. A sole proprietorship may use a social security number as a unique identifier if it does not have a FEIN or an IBT.

2) Registration shall be accomplished in one of the two following methods:

A) A web-based program through which information may be entered, saved and transmitted upon completion. Changes may be made by accessing the program, making the changes, and submitting those changes to SBEL via the program contained on SBEL's website.

B) A format, provided by SBEL, designed specifically for large

business entities through which data may be submitted in lieu of completion of the web-based option. Though this method is geared toward larger business entities, any business entity may choose to use this method.

f) The Board shall provide a certificate of registration to the business entity upon

registration and upon any change of information submitted by the entity. The certificate shall be electronic and accessible to the business entity through the SBEL website and shall be password protected.


Procurement Code shall provide a copy of the registration certificate, by first class mail, e-mail or hand delivery within 10 days after registration, to each affiliated entity and each affiliated person whose identify is required to be disclosed.


Procurement Code shall provide a copy of the registration certificate, by




first class mail, e-mail or hand delivery within 10 days after the addition of any affiliated entity or affiliated person whose identity is required to be disclosed, to that affiliated person or entity. The delivery of the registration certificate to a minor child who is an affiliated person shall be accomplished by providing it as described in this Section to either parent (one of whom must be an affiliated person) or the legal guardian of the minor child. The business entity shall document in writing the date of submission of the certificate of registration to the appropriate entities and persons.


Procurement Code shall notify each political committee to which it makes a contribution, in writing at the time of the contribution, that the business entity is registered with SBEL under Section 20-160. The business entity shall document in writing the date of submission of the certificate of registration to the appropriate political committee.

4) Any affiliated entity or affiliated person of a business entity required to

register under Section 20-160 of the Procurement Code shall notify each political committee to which it makes a contribution that it is affiliated with a business entity registered with SBEL under Section 20-160 and the business entity with which it is affiliated. The notification shall be in writing and shall occur at the time the contribution is made to the committee. The affiliated entities or persons shall document in writing the date of submission of the certificate of registration to the appropriate political committee.

5) In the determination of a complaint alleging a failure to comply with any

notification requirement contained in this subsection (f), the failure of a party responsible for providing the required notification to submit written documentation of compliance shall create a rebuttable presumption of noncompliance against that party.

g) Each bid submitted to and every contract executed by the State on or after January

1, 2009 shall contain:

1) A certification by the bidder or contractor that either:




A) the bidder or contractor is not required to register as a business entity with SBEL pursuant to this Section; or

B) the bidder or contractor has registered as a business entity with

SBEL and acknowledges a continuing duty to update the registration; and

2) A statement that the contract is voidable under Section 50-60 of the

Procurement Code as a result of the bidder's or contractor's failure to comply with Section 20-160 of the Procurement Code.

h) A business entity whose aggregate bids and proposals on State contracts annually

total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the contract is awarded. Any change of information, including but not limited to changes in affiliated entities or affiliated persons, must be reported to SBEL within 2 business days following the change (see Section 100.185(a)).

i) A business entity whose contracts with State agencies, in the aggregate, annually

total more than $50,000 has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contract or for a period of 2 years following the expiration or termination of the contract, whichever is longer.

1) Any change in information, including but not limited to changes in

affiliated entities or affiliated persons, shall be reported to SBEL within 10 days following the change (see Section 100.185(a)).

2) If a business entity required to register under Section 20-160(d) of the

Procurement Code has a pending bid or proposal on a State contract, then any change in information shall be reported to SBEL within 2 business days (see Section 100.185(a)).

j) A copy of the business entity's certificate of registration must accompany any bid

or proposal for a contract with a State agency by a business entity required to register. The chief procurement officer of the State agency shall not accept a bid or proposal unless:




1) the certificate of registration is submitted to the agency with the bid or

proposal; or 2) a statement that the bidder or contractor is not required to register as a

business entity with SBEL is submitted to the agency with the bid or proposal.

k) A registration, and any changes to a registration, must include the business

entity's verification of accuracy. l) The requirement of this Section apply regardless of the method of source selection

used in awarding the contract. m) SBEL will keep and maintain the paper registrations filed in accordance with P.A.

95-1038 and the emergency rules enacted by SBEL in its principal office in Springfield for a period of 6 months following the creation of the electronic registration system. The public may view these paper registration submissions of business entities at SBEL's principal office in Springfield during normal business hours. Copies of registrations of business entities submitted to SBEL shall also be available for public inspection at SBEL's principal office in Springfield. The searchable database provided for in Section 9-35 of the Election Code shall be accessible to the public at all times following its creation.


Section 100.185 Assessment of Civil Penalties EMERGENCY

a) The provisions of Sections 9-20 through 9-24 of the Election Code relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with the Board) and Section 9-35(e) (the intentional, willful or material failure to disclose required registration information and failure to update a registration), except that the complaint shall be directed to the registered agent of the business entity or its chief executive officer. In addition, the provision of Section 9-21 pertaining to the 60 day period prior to an election shall not apply to complaints filed under this




Section. Willful or intentional failure to disclose material information on a business entity's registration shall subject that entity to a civil penalty assessed by the Board not to exceed $5,000 per occurrence. If the Board determines that a business entity has intentionally, willfully or materially failed to disclose required information on its registration, it shall refer that determination to the chief procurement officer of the agency or agencies that accepted a bid or entered into a contract with that business. Failure to provide notice under Section 9-35(d) is a business offense, the penalty for which shall not to exceed $1,001.

b) The provisions of 26 Ill. Adm. Code 125, Subparts A, B and C shall apply to

complaints filed against business entities.

c) Failure to update a registration as required by Section 20-160(d) and (e) of the Procurement Code (any change in information must be reported to SBEL within 2 business days), will result in a $1,000 per day penalty for each day the information remains unreported. For purposes of this Section, the information required to be updated is the information required of a business entity under Section 9-35(b) of the Election Code, including name and address of the business entity and any affiliated person or entity.

d) Any penalty assessed against a business entity by SBEL for violation of Section

9-35 of the Election Code shall be paid within 30 days after the assessment of the penalty. The 30 day period shall commence on the date the letter is sent by SBEL to the business entity assessing the penalty. Any assessed penalty that remains unpaid more than 30 days after the issuance of the final order assessing the penalty shall be posted on the SBEL website, indicating the name of the business entity owing the penalty and stating that the penalty remains unpaid.





Section 100.EXHIBIT A TEMPORARY BUSINESS ENTITY REGISTRATION FORM EMERGENCY

Business Entity Registration

PLEASE TYPE OR PRINT IN BLACK INK

FOR OFFICE USE ONLY

Full name and complete mailing address of Business Entity:

E-MAIL ADDRESS:

CHECK HERE IF NAME OR ADDRESS CHANGE

FEDERAL TAX IDENTIFICATION NUMBER

SEE 10 ILCS 5/9-35 FOR GUIDANCE. NEW REGISTRATION AMENDED REGISTRATION

1.

AFFILIATED ENTITY: [List all affiliated entities as defined in 30 ILCS 50-37(a) of the Illinois Procurement Code.] NAME:

ADDRESS:

CITY:

STATE:

ZIP CODE:

NATURE OF AFFILIATION:

NAME:

ADDRESS:




CITY:

STATE:

ZIP CODE:


NAME:

ADDRESS:

CITY:

STATE:

ZIP CODE:


*IF MORE SPACE FOR INFORMATION IS REQUIRED, PLEASE ATTACH ADDITIONAL SHEETS.

THIS FORM MAY BE REPRODUCED NOVEMBER 2008




NAME OF BUSINESS ENTITY

FEDERAL TAX IDENTIFICATION NUMBER:

2.

AFFILIATED PERSON: [List all affiliated persons as defined in 30 ILCS 50-37(a) of the Illinois Procurement Code.] NAME:

IS THE AFFILIATED PERSON UNDER 18 YEARS OF AGE? YES NO

ADDRESS:

CITY:

STATE:

ZIP CODE:


NAME:


ADDRESS:

CITY:

STATE:

ZIP CODE:


NAME:


ADDRESS:

CITY:

STATE:

ZIP CODE:


*IF MORE SPACE FOR INFORMATION IS REQUIRED, PLEASE ATTACH ADDITIONAL SHEETS.

VERIFICATION OF ACCURACY I DECLARE THAT THIS CERTIFICATE OF REGISTRATION (INCLUDING ALL AFFILIATED BUSINESSES AND AFFILIATED PERSONS) HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE, CORRECT AND




COMPLETE CERTIFICATE OF REGISTRATION AS REQUIRED BY ARTICLE 9-35 OF THE ELECTION CODE. I UNDERSTAND THAT A COPY OF THIS CERTIFICATE WILL BE PROVIDED TO EACH AFFILIATED ENTITY AND EACH AFFILIATED PERSON WITHIN 10 BUSINESS DAYS OF REGISTRATION. VIOLATION OF THIS REQUIREMENT IS SUBJECT TO A FINE NOT TO EXCEED $1001. I UNDERSTAND ANY CHANGE IN THE INFORMATION PROVIDED IN THIS REGISTRATION SHALL BE REPORTED TO THE ILLINOIS STATE BOARD OF ELECTIONS WITHIN 2 BUSINESS DAYS (10 BUSINESS DAYS FOR BUSINESSES WITH EXISTING STATE CONTRACTS). FAILURE TO DO SO IS SUBJECT TO A CONTINUING PENALTY OF $1000 PER DAY.

PRINTED NAME AND SIGNATURE OF BUSINESS ENTITY AGENT DATE THE ILLINOIS STATE BOARD OF ELECTIONS REQUIRES A CERTIFICATE OF REGISTRATION IF YOU QUALIFY AS A BUSINESS ENTITY, AFFILIATE OF A BUSNESS ENTITY, OR AN AFFILIATED PERSON OF A BUSINESS ENTITY AS OUTLINED UNDER PUBLIC ACT 95-0971. WILLFUL FAILURE TO FILE OR WILLFUL FILING OF FALSE OR INCOMPLETE INFORMATION REQUIRED BY THIS ARTICLE SHALL CONSTITUTE A BUSINESS OFFENSE SUBJECT TO A FINE OF UP TO $5000 PER VIOLATION. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT. THIS FORM IS AUTHORIZED BY PUBLIC ACT 95-0971 AND IS REQUIRED FOR BUSINESS ENTITIES COVERED BY THE ACT. FAILURE TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF THE ACT MAY RESULT IN ANY CONTRACT BETWEEN THE STATE AND SUCH BUSINESS ENTITY BEING VOIDED, OR ANY BID OR PROPOSAL BEING REJECTED.

BUSINESS ENTITIES FILE THIS FORM AT: STATE BOARD OF ELECTIONS 1020 S SPRING ST SPRINGFIELD, IL 62704-2924



ILLINOIS COMMERCE COMMISSION

JULY 2009 REGULATORY AGENDA

a) Part(s) (Heading and Code Citation): "Procedures for Gas, Electric, Water and Sanitary Sewer Utilities Governing Eligibility for Service Deposits, Payment Practices, and Discontinuance of Service" 83 Ill. Adm. Code 280

1) Rulemaking:

A) Description: There had been four open dockets in which there had been

proposed or in which the Commission had been considering amendments to Part 280 (Dockets 05-0237, 06-0112, 06-0202, and 06-0379). The Commission is of the opinion that administrative economy dictates that one coordinated proceeding be initiated to revise Part 280 instead of the potential piecemeal amendment of Part 280 occurring in four open dockets. It is the Commission's intention that it produce an internally consistent set of rules that will balance the interests of the public utilities regulated by the rules and the customers of those utilities.

B) Statutory Authority: Implementing the Small Business Utility Deposit

Relief Act [220 ILCS 35] and Sections 8-101, 8-206, and 8-207 of the Public Utilities Act [220 ILCS 5/8-101, 8-206, and 8-207], and authorized by Section 8 of the Small Business Utility Deposit Relief Act [220 ILCS 35/8] and Sections 8-101, 8-207, and 10-101 of the Public Utilities Act [220 ILCS 5/8-101, 8-207, and 10-101]

C) Schedule meeting/hearing date: Persons interested in participating in the

proceeding should file a petition to intervene in Docket 06-0703.

D) Date agency anticipates First Notice: Undetermined

E) Effect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject public utilities and any customers that are also small businesses.

F) Agency contact person for information:

Elizabeth Rolando Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, IL 62701




217-782-7434

G) Related rulemakings and other pertinent information: None b) Part(s) (Heading and Code Citation): None at this time.

1) Rulemaking:

A) Description: On December 19, 2007 the Energy Independence and Security Act of 2007 ("EISA 2007")( P.L. 110-140) was signed into law. Certain provisions of EISA 2007 amend the Public Utility Regulatory Policies Act of 1978 ("PURPA") to mandate certain considerations by state regulatory agencies. Section 532(b) of EISA 2007 amends Section 303(b) of PURPA (16 U.S.C. 3203(b)) by adding the following language:

(5) ENERGY EFFICIENCY.—Each natural gas utility shall—

(A) integrate energy efficiency resources into the plans and planning processes of the natural gas utility; and

(B) adopt policies that establish energy efficiency as a priority resource in the plans and planning processes of the natural gas utility.

Federal law requires the States to complete a determination whether it will impose such standard by December 19, 2009.

B) Statutory Authority: Implementing 16 U.S.C. 3203(b)




E) Effect on small businesses, small municipalities or not for profit corporations: This rulemaking will not affect any small public utilities.


Elizabeth Rolando Chief Clerk




Illinois Commerce Commission 527 East Capitol Avenue Springfield, IL 62701 217/782-7434

G) Related rulemakings and other pertinent information: None

c) Part(s) (Heading and Code Citation): None at this time.

1) Rulemaking:

A) Description: On December 19, 2007, the Energy Independence and Security Act of 2007 ("EISA 2007")( P.L. 110-140) was signed into law. Certain provisions of EISA 2007 amend the Public Utility Regulatory Policies Act of 1978 ("PURPA") to mandate certain considerations by state regulatory agencies. Section 532(b) of EISA 2007 amends Section 303(b) of PURPA (16 U.S.C. 3203(b)) by adding the following language:

(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY

EFFICIENCY INVESTMENTS.— (A) IN GENERAL.—The rates allowed to be charged by a

natural gas utility shall align utility incentives with the deployment of cost-effective energy efficiency.

(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each non-regulated utility shall consider— (i) separating fixed-cost revenue recovery from the

volume of transportation or sales service provided to the customer;

(ii) providing to utilities incentives for the successful management of energy efficiency programs, such as allowing utilities to retain a portion of the cost reducing benefits accruing from the programs;

(iii) promoting the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives; and

(iv) adopting rate designs that encourage energy efficiency for each customer class.





B) Statutory Authority: Implementing 16 U.S.C. 3203(b)




E) Effect on small businesses, small municipalities or not for profit corporations: This rulemaking will not affect any small public utilities.


Elizabeth Rolando Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, IL 62701 217/782-7434


d) Part(s) (Heading and Code Citation): None at this time

1) Rulemaking:

A) Description: On December 19, 2007, the Energy Independence and Security Act of 2007 ("EISA 2007")( P.L. 110-140) was signed into law. Certain provisions of EISA 2007 amend the Public Utility Regulatory Policies Act of 1978 ("PURPA") to mandate certain considerations by state regulatory agencies. Section 532(a) of EISA 2007 amends Section 111(d) of PURPA (16 U.S.C. 2621(d)) by adding the following language:

(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY

EFFICIENCY INVESTMENTS.—




(A) IN GENERAL.—The rates allowed to be charged by any electric utility shall— (i) align utility incentives with the delivery of cost-

effective energy efficiency; and (ii) promote energy efficiency investments.

(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each non-regulated utility shall consider— (i) removing the throughput incentive and other

regulatory and management disincentives to energy efficiency;

(ii) providing utility incentives for the successful management of energy efficiency programs;

(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives;

(iv) adopting rate designs that encourage energy efficiency for each customer class;

(v) allowing timely recovery of energy efficiency related costs; and

(vi) offering home energy audits, offering demand response programs, publicizing the financial and environmental benefits associated with making home energy efficiency improvements, and educating homeowners about all existing Federal and State incentives, including the availability of low-cost loans, that make energy efficiency improvements more affordable.


B) Statutory Authority: Implementing 16 U.S.C. 2621(d)







E) Effect on small businesses, small municipalities or not for profit

corporations: This rulemaking will not affect any small public utilities.


Elizabeth Rolando Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, IL 62701 217/782-7434



ILLINOIS EMERGENCY MANAGEMENT AGENCY


a) Part (Heading and Code Citation): Licensing of Radioactive Material, 32 Ill. Adm. Code 330

1) Rulemaking: Proposed Amendment

A) Description: This proposed amendment to 32 Ill. Adm. 330.40(d) will

establish conditions, criteria and procedures for water treatment residuals and sewage treatment sludges containing naturally occurring radium.

B) Statutory Authority: Implementing and authorized by Section 10 of the

Radiation Protection Act of 1990 [420 ILCS 40/10]

C) Scheduled meeting/hearing dates: None scheduled.

D) Date agency anticipates First Notice: Summer 2009

E) Effect on small businesses, small municipalities or not for profit corporations: Small municipalities may be affected if they produce or possess residuals or sludge resulting from the treatment of water and sewage which contain naturally occurring radium from groundwater.


Kevin T. McClain, Chief Legal Counsel Illinois Emergency Management Agency 1035 Outer Park Drive, Springfield, IL 62704 217/524-0770


b) Part (Heading and Code Citation): Public Information, Rulemaking and Organization, 2

Ill. Adm. Code 1800


A) Description: The Agency is proposing this rulemaking to update this Part to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety.




B) Statutory Authority: Implementing Section 4.01 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1004.01) and authorized by Section 6(c)(1) of the Illinois Emergency Management Act (Ill. Rev. Stat. 1991, ch. 127, par. 1056 (c)(1), effective date January 1, 1992)


D) Date agency anticipates First Notice: Fall 2009


corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities, and not for profit corporations.


Kevin T. McClain, Chief Legal Counsel Illinois Emergency Management Agency 1035 Outer Park Drive Springfield, IL 62704 217/524-0770


c) Part (Heading and Code Citation): Public Information, Rulemaking and Organization, 2

Ill. Adm. Code 1075



B) Statutory Authority: Implementing Section 5-15 of The Illinois

Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) and authorized by Section 71 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1981, ch. 127, par. 63b17)











d) Part (Heading and Code Citation): Freedom of Information Procedures, 2 Ill. Adm. Code

1076



B) Statutory Authority: Implementing and authorized by the Freedom of

Information Act [5 ILCS 140] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15]











e) Part (Heading and Code Citation): Training and Education Program, 29 Ill. Adm. Code

110


A) Description: The Agency is proposing this rulemaking to update this Part to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. All references to predecessor agencies will be changed to the "Illinois Emergency Management Agency".

B) Statutory Authority: Implementing the Illinois Emergency Management

Agency Act [20 ILCS 3305]


D) Date Agency anticipates First Notice: December 2009

E) Effect on small businesses, small municipalities or not for profit corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities, and not for profit corporations.






G) Related rulemakings and other pertinent information: None f) Part (Heading and Code Citation): Political Subdivision Emergency Services and

Disaster Agencies, 29 Ill. Adm. Code 301


A) Description: This proposed rulemaking will include requirements for including provisions in emergency operations plans for special needs populations and an amendment to satisfy P.A. 94-0733. In addition, language will be amended to reflect compliance with the National Incident Management System.

B) Statutory Authority: Implements the Illinois Emergency Management

Agency Act [20 ILCS 3305] and authorized by Sections 5(f)(4), (5), (5.5) and (5.10) and 10(i) of the Illinois Emergency Management Agency Act [20 ILCS 3305/5(f)(4), (5), (5.5) and (5.10) and 10(i)]

C) Scheduled meeting/hearing dates: None scheduled

D) Date Agency anticipates First Notice: Fall 2009






g) Part (Heading and Code Citation): Radiological Protection, 29 Ill. Adm. Code 320

1) Rulemaking: Proposed Repealer




A) Description: The Agency is proposing this rulemaking to reflect the

merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. This Part is outdated and is no longer needed as its requirements are covered by other Agency regulations.

B) Statutory Authority: Implementing the Illinois Emergency Management

Agency Act [20 ILCS 3305]


D) Date Agency anticipates First Notice: Summer 2009

D) Effect on small businesses, small municipalities or not for profit corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities, and not for profit corporations.

E) Agency contact person for information:



h) Part (Heading and Code Citation): Individual and Family Grant Program, 29 Ill. Adm.

Code 410


A) Description: The Agency is proposing this rulemaking to update thisPart to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety.

B) Statutory Authority: Implementing and authorized by Federal Emergency

Management Agency Regulations (44 CFR 205.54, Fall 12, 1982) and the lllinois Emergency Management Agency Act [20 ILCS 3305]











i) Part (Heading and Code Citation): Public Disaster Assistance Program, 29 Ill. Adm.

Code 420



B) Statutory Authority: Implementing the Disaster Relief Act of 1974, (42

U.S.C.A. 5121 et seq. (1983) and the Illinois Emergency Management Agency Act [20 ILCS 3305]











j) Part (Heading and Code Citation): Emergency and Written Notification of An Incident

or Accident Involving a Reportable Hazardous Substance, 29 Ill. Adm. Code 430



B) Statutory Authority: Implementing "AN ACT to require labeling of

equipment and facilities for the use, transportation, storage and manufacture of hazardous materials and to provide for a uniform response system to hazardous materials emergencies" (Ill. Rev. Stat. 1987, ch. 127, pars. 1251 et seq.) and Section 304 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11004) and authorized by the Illinois Emergency Management Agency Act [20 ILCS 3305]











k) Part (Heading and Code Citation): Development, Annual Review, Coordination of

Chemical Safety Contingency Plans, 29 Ill. Adm. Code 610



B) Statutory Authority: Implementing the Illinois Chemical Safety Act (ILL.

Rev. Stat. 1985, ch. 111½, pars. 951 et. seq.) and the Illinois Emergency Management Agency Act [20 ILCS 3305]











l) Part (Heading and Code Citation): Emergency Planning and Community Right-to-Know, 29 Ill. Adm. Code 620


A) Description: The Agency is proposing this rulemaking to update this Part

to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety.

B) Statutory Authority: Implementing Title III of the Superfund

Amendments and Reauthorization Act of 1986 (P.L. 99-499) and the Illinois Emergency Planning and Community Right To Know Act [430 ILCS 100] and authorized by Section 5(c) of the Illinois Emergency Management Agency Act [20 ILCS 3305/5c]








m) Part (Heading and Code Citation): Standards For Protection Against Laser Radiation, 32

Ill. Adm. Code 315





A) Description: The Agency is proposing this rulemaking to update this Part to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. All references to the "Department" will be changed to "Agency".

B) Statutory Authority: Implementing and authorized by the Laser System

Act of 1997 [420 ILCS 56]







n) Part (Heading and Code Citation): Registration and Operator Requirements for Radiation

Installations, 32 Ill. Adm. Code 320



B) Statutory Authority: Implementing and authorized by Sections 24.7, 25

and 25.1 of the Radiation Protection Act of 1990 [420 ILCS 40/24.7, 25 and 25.1]











o) Part (Heading and Code Citation): Fees For Calibration Services, 32 Ill. Adm. Code 333


A) Description: The Agency is proposing this rulemaking to update this Part to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. All references to the "Department" will be changed to "Agency". In addition, this proposed amendment will include a provision for the calibration of personal radiation detectors.

B) Statutory Authority: Implementing and authorized by Section 25(g) of the

Radiation Protection Act of 1990 (Ill. Rev. Stat. 1991, ch. 111½, par. 210-25(g)) [420 ILCS 40/25(g)]


D) Date Agency anticipates First Notice: Summer 2009








p) Part (Heading and Code Citation): Fees For By-Product Material, 32 Ill. Adm. Code 334



B) Statutory Authority: Implementing and authorized by the Uranium and

Thorium Mill Tailings Control Act (see P.A. 88-638, effective September 9, 1994 [420 ILCS 42])






Kevin T. McClain, Chief Legal Counsel Illinois Emergency Management Agency




1035 Outer Park Drive Springfield, IL 62704 217/524-0770


q) Part (Heading and Code Citation): Certification and Operation of Radiochemistry

Laboratories, 32 Ill. Adm. Code 406



B) Statutory Authority: Implementing the Civil Administrative Code of

Illinois [20 ILCS 5] and authorized by Sections 55.10 through 55.12 and Section 71 of the Civil Administrative Code of Illinois [20 ILCS 2310/55.10 through 55.12, and 20 ILCS 2005/71(D)]


D) Date Agency anticipates First Notice: Spring 2009









r) Part (Heading and Code Citation): Licensing Requirements for Land Disposal of Radioactive Waste, 32 Ill. Adm. Code 601


A) Description: The Agency is proposing this rulemaking to update this Part

to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. All references to the "Department" will be changed to "Agency". In addition, this rulemaking replaces the requirements previously found in Parts 601 and 606 of Title 32 of the Illinois Administrative Code. This rulemaking will establish the requirements for siting, designing, licensing, constructing, operating and closing a low-level radioactive waste disposal facility in Illinois.

B) Statutory Authority: Implementing and authorized by Section 8(a)(8) of

the Illinois Nuclear Safety Preparedness Act [420 ILCS 5/8(a)(8)], Sections 2a and 2b of the Boiler and Pressure Vessel Safety Act [430 ILCS 75/2a and 2b], and Section 2005-35 of the Civil Administrative Code of Illinois [20 ILCS 2005/2005-35]


D) Date Agency anticipates First Notice: July 2009


corporations: Given the magnitude of the effort to develop a low-level radioactive waste disposal facility, it is unlikely that a small business, small municipality or a not for profit corporation would undertake the activities regulated by this rulemaking. However, the public health and safety concerns are the same regardless of who develops a disposal facility and therefore, the requirements are the same.







s) Part (Heading and Code Citation): Standards For Selection of Contractors, 32 Ill. Adm.

Code 605




Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/5]







t) Part (Heading and Code Citation): Requirements For the Disposal of Low-Level

Radioactive Waste Away From the Point Of Generation, 32 Ill. Adm. Code 606





A) Description: The Agency is proposing to repeal this Part as the requirements are being incorporated into a new 32 Ill. Adm. Code 601.









u) Part (Heading and Code Citation): Licensing Requirements For Land Disposal of

Radioactive Waste, 32 Ill. Adm. Code 601


A) Description: The Agency is proposing to repeal this Part as the requirements are being incorporated into a new 32 Ill. Adm. Code 601.












v) Part (Heading and Code Citation): Access to Facilities For Treatment, Storage, or

Disposal of Low-Level Radioactive Waste, 32 Ill. Adm. Code 609


A) Description: The Agency is proposing this rulemaking to update this Part to reflect the merger of the Illinois Emergency Management Agency and the Illinois Department of Nuclear Safety. All references to the"Department" will be changed to "Agency".

B) Statutory Authority: Implementing and authorized by Sections 8 and 9 of

the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/8 and 9], the Radioactive Waste Tracking and Permitting Act [420 ILCS 37], the Central Midwest Low-Level Radioactive Waste Compact Act [45 ILCS 140], the Radioactive Waste Compact Enforcement Act [45 ILCS 141] and the federal Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L. 99-240)











w) Part (Heading and Code Citation): Registration of Low-Level Radioactive Waste

Generators, 32 Ill. Adm. Code 620



B) Statutory Authority: Implementing and authorized by Sections 3 and 4 of

the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/3 and 20/4]






Kevin T. McClain, Chief Legal Counsel Illinois Emergency Management Agency 1035 Outer Park Drive Springfield, IL 62704




217/524-0770

G) Related rulemakings and other pertinent information: None x) Part (Heading and Code Citation): General Provisions For Radiation Protection, 32 Ill.

Adm. Code 310


A) Description: This proposed rulemaking will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 20, 30, 32, and 35 regulations currently in place for use of radioactive materials. Agreement States such as Illinois are required to have these changes in place by December 17, 2010. NRC has assigned this rulemaking a compatibility category of A, which means that the Illiniois rule must have language essentially identical to NRC's. This rulemaking will clarify standards for regulation of discrete sources of radium-226, accelerator-produced radioactive material, and discrete sources of naturally occurring radioactive material as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of Byproduct material to include any discrete source of radium-226, any material made radioactive by use of a particle accelerator, or any discrete source of naturally occurring radioactive material other than source material.

B) Statutory Authority: Implementing and authorized by the Radiation

Protection Act of 1990 [420 ILCS 40]


D) Date agency anticipates First Notice: October 2009

E) Effect on small businesses, small municipalities or not for profit corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities or not for profit corporations.


Kevin T. McClain, Chief Legal Counsel




Illinois Emergency Management Agency 1035 Outer Park Drive Springfield, IL 62704 217/524-0770

G) Related rulemakings and other pertinent information: 32 Ill. Adm. Code

330, 335, and 340. y) Part (Heading and Code Citation): Licensing of Radioactive Material, 32 Ill. Adm. Code

330


A) Description: This rulemaking will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 30, 32, and 35 regulations currently in place for use of radioactive materials. Agreement States such as Illinois are required to have these changes in place by October 29, 2010. NRC has assigned this rulemaking a compatibility category of B. This means that the Illiniois rule must have language essentially identical to NRC's because of transboundary considerations. This rulemaking will clarify the documentation required by the Agency for approval of an authorized nuclear pharmacist. It will also update and clarify general licenses and license exemptions and requirements for manufacture and distribution of radioactive material. This rulemaking will clarify standards for regulation of discrete sources of radium-226, accelerator-produced radioactive material, and discrete sources of naturally occurring radioactive material as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of Byproduct material to include any discrete source of radium-226, any material made radioactive by use of a particle accelerator, or any discrete source of naturally occurring radioactive material other than source material.









corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities or not for profit corporations.




310 and 335. z) Part (Heading and Code Citation): Medical Use of Radioactive Material, 32 Ill. Adm.

Code 335


A) Description: This rulemaking will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 35 regulations currently in place for medical use of radioactive materials. Agreement States such as Illinois are required to have these changes in place by October 29, 2010. NRC has assigned this rulemaking a compatibility category of B. This means that the Illinois rule must have language essentially identical to NRC's because of transboundary considerations. This rulemaking will clarify physician qualifications for human use of radioactive materials and make reference to NRC guidance for assessment of radiation dose. It also revises certain quality control tests and clarifies requirements for medical use of accelerator-produced radioactive material.









corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities or not for profit corporations.




310 and 330. aa) Part (Heading and Code Citation): Standards For Protection Against Radiation, 32 Ill.

Adm. Code 340


A) Description: This rulemaking will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 20 regulations currently in place for use of radioactive materials. Agreement States such as Illinois are required to have these changes in place by November 30, 2010. NRC has assigned this rulemaking a compatibility category of A, which means that the Illinois rule must have language essentially identical to NRC's. This rulemaking will update dose measurement procedures and limits, clarify waste management procedures, and provide for disposal of certain radioactive materials.








E) Effect on small businesses, small municipalities or not for profit corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities or not for profit corporations.




bb) Part (Heading and Code Citation): Notices, Instructions and Reports to Workers;

Inspections, 32 Ill. Adm. Code 400


A) Description: This rulemaking will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 19 regulations currently in place for use of radioactive materials. Agreement States such as Illinois are required to have these changes in place by February 15, 2011. NRC has assigned this rulemaking a compatibility category of C, which means that the Illinois rule must meet the intent and produce the same end result as NRC's regulations. This rulemaking will clarify the circumstances that require a radioactive material licensee to provide an employee with information about radiation dose received.

B) Statutory Authority: Implementing and authorized by Sections 16 and 29

of the Radiation Protection Act of 1990 [420 ILCS 40/16 and 29].



E) Effect on small businesses, small municipalities or not for profit corporations: The Agency believes this rulemaking will not affect small businesses, small municipalities, or not for profit corporations.




a) Part(s) (Heading and Code Citation): Freedom Of Information 2 Ill. Adm. Code 1301

1) Rulemaking:

A) Description: The Department is planning to amend this Part to specify its charges for copies of requested records, to make changes regarding methods for submitting requests under the Freedom of Information Act and responses to those requests and to update the Department's mailing address.

B) Statutory Authority: Implementing and authorized by Section 1700 and

1701 of the Unemployment Insurance Act [820 ILCS 405/1700, 1701]; the Freedom of Information Act [5 ILCS 140/1 et seq.]; and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

C) Scheduled meeting/hearing dates: None

D) Date agency anticipates First Notice: September, 2009


corporations: The proposal has the same potential effect on all businesses.


Gregory J. Ramel, Deputy Legal Counsel Illinois Department of Employment Security 33 South State Street − 9th Floor Chicago, IL 60603 312-793-4240

G) Related rulemaking and other pertinent information: None

b) Part(s) (Heading and Code Citation): Claims, Adjudication, Appeals And Hearings 56 Ill.

Adm. Code 2720

1) Rulemaking:

A) Description: The Department is considering an amendment to Part 2720 to set forth circumstances under which hearings referees may reconsider




decisions that have not yet become final or been appealed to the Board of Review.

B) Statutory Authority: Implementing and authorized by Sections 239, 409,

500, 604, 700, 701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304 of the Unemployment Insurance Act [820 ILCS 405/239, 409, 500, 604, 700, 701, 702, 703, 705, 706, 800, 801, 803, 804, 805, 1000, 1001, 1002, 1004, 1200, 1700, 1701, 2300, 2301, 2302 and 2304].




corporations: The proposal has the same potential effect on all businesses.




c) Part(s) (Heading and Code Citation): Claimant's Availability For Work, Ability To Work

56 Ill. Adm. Code 2865

1) Rulemaking:

A) Description: The Department is considering amending Part 2865 to update the conditions under which registration with an "approved" union placement service will meet the active search for work requirements of the Act. The rulemaking would also address the requirements for "approval" of a union placement service.




B) Statutory Authority: Implementing and authorized by Sections 409, 500, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/409, 500, 1700 and 1701].




corporations: The proposal has no direct effect on any business.







a) Parts (Headings and Code Citations): Procedures for Informational and Quasi-Legislative Public Hearings, 35 Ill. Adm. Code Part 164

1) Rulemaking:

A) Description: The proposed rule will set forth the procedures for hearings

held pursuant to submittals required under the federal Clean Air Act. 42 USC 7401 et seq. These procedures pertain to, but are not limited to, submittals for attainment demonstrations, maintenance plans, demonstrations of progress requirements, transportation budgets and other air quality planning documents.

B) Statutory Authority: Authorized by Section 4 of the Environmental

Protection Act [415 ILCS 5/4] and Section 5-10(a) of the Illinois Administrative Procedure Act

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled

meetings or hearings on this proposal.

D) Date agency anticipates First Notice: Fall or Winter 2009

E) Effect on small business, small municipalities, or not-for-profit corporations: The procedures should not negatively affect small business, small municipality, or not-for-profits, as they merely clarify and update the existing procedures by which the Agency has held and will hold public hearings.

F) Agency contact person for information: Address written comments

concerning the substance of the rulemaking as follows:

Rachel L. Doctors Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544





b) Part (Headings and Code Citations): Procedures And Criteria For Reviewing

Applications For Provisional Variances; 35 Ill. Adm. Code 180

1) Rulemaking:

A) Description: The proposal will amend 35 Ill. Adm. Code 180 to reflect the amendments to Sections 35(b), 36, and 37 of the Environmental Protection Act. Amendments to Sections 35(b), 36, and 37 of the Act give authority to the Agency to grant provisional variances rather than the Pollution Control Board. The proposed amendments may also update the Part and correct typographical errors.

B) Statutory Authority: Implementing and authorized by Sections 35(b) of

the Environmental Protection Act [415 ILCS 5/35(b)]

C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.


E) Effect on small business, small municipalities, or not-for-profit

corporations: Any small businesses, small municipalities, or not-for-profit corporations that file a petition for a provisional variance pursuant to Section 35(b) of the Act will be affected by the proposed amendments.



Dana Vetterhoffer Division of Legal Counsel Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544





c) Part (Heading and Code Citation): Environmental Laboratory Certification Fee Rules; 35 Ill. Adm. Code 185

1) Rulemaking:

A) Description: This rulemaking will set forth the procedures the Agency

will use to determine environmental laboratory assessments under Section 17.8 of the Environmental Protection Act.

B) Statutory Authority: Implementing and authorized by Section 17.8 of the

Environmental Protection Act [415 ILCS 5/17.8]



E) Effect on small business, small municipalities or not-for-profit

corporations: Any small business, small municipality, or not-for-profit corporation that requests certification for its laboratories.



Stefanie Diers Division of Legal Counsel Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544


d) Part (Heading and Code Citation): Construction Permit Application Fees For Air

Pollution Sources; 35 Ill. Adm. Code 250

1) Rulemaking:




A) Description: The proposed new rule will set forth the procedures the Agency will use to collect construction permit application fees for air pollution sources under Section 9.12 of the Environmental Protection Act.

B) Statutory Authority: Authorized by Section 9.12 of the Environmental

Protection Act [415 ILCS 5/9.12]




corporations: Any small businesses, small municipalities, or not-for-profit corporations that submit construction permit applications that trigger the fee provisions would be subject to the procedures set forth in this new rule.



Annet Godiksen Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544


e) Part (Heading and Code Citation): Procedures For Collection Of Air Pollution Site Fees;

35 Ill. Adm. Code 251

1) Rulemaking:

A) Description: The proposed rule will modify the current rule to address recent amendments made to Section 9.6 of the Environmental Protection Act. In addition, the proposed rule will make miscellaneous changes.






C) Scheduled meeting/hearings dates: The Agency has not yet scheduled meetings or hearings on this proposal.



corporations: Any small businesses, small municipalities, or not-for-profit corporations that must pay site fees would be subject to the modified applicability provisions.





f) Part (Heading and Code Citation): Procedures For Collection Of Asbestos Fees; 35 Ill.

Adm. Code 269

1) Rulemaking:

A) Description: The proposed new rule will set forth the procedures the Agency will use to collect asbestos fees under Section 9.13 of the Environmental Protection Act.









corporations: Any small businesses, small municipalities, or not-for-profit corporations that must file an original 10-day notice of intent to renovate or demolish pursuant to 40 CFR 61.145(b) (part of the federal asbestos National Emission Standard for Hazardous Air Pollutants or NESHAP), would be subject to the procedures to set forth in this new rule.





g) Part (Heading and Code Citation): Clean Air Act Permit Program Procedures; 35 Ill.

Adm. Code 270

1) Rulemaking:

A) Description: The proposed rule will modify the current rule to address recent amendments to the Clean Air Act Permit Program (CAAPP) fee schedule. In addition, the proposed rule will make miscellaneous changes.









corporations: Any small businesses, small municipalities, or not-for-profit corporations that are subject to CAAPP fees would be subject to the proposed rule.





h) Part (Heading and Code Citation): Alternate Fuels Program; 35 Ill. Adm. Code 275

1) Rulemaking:

A) Description: The proposed amendments will expand the renewable fuels grants and rebate program to allow for a rebate for use of B20 (20% biodiesel). The proposed amendments will also update and clarify provisions in the rule.

B) Statutory Authority: Authorized by Sections 15 and 30 of the Alternate

Fuels Act [415 ILCS 120/15 and 120/30]






E) Effect on small business, small municipalities or not-for-profit corporations: Any small businesses, small municipalities, or not-for-profit corporations that use or may potentially use B20 as fuel.



Kent Mohr Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544


i) Part (Headings and Code Citations): Procedures to be Followed in the Performance of

Annual Inspections of Motor Vehicle Exhaust Emissions; 35 Ill. Adm. Code 276

1) Rulemaking:

A) Description: The regulations will be revised to reflect changes in relevant law and operational aspects of the underlying vehicle inspection and maintenance testing program.

B) Statutory Authority: Implementing and authorized by the Vehicle

Emissions Inspection Law [625 ILCS 5/ch. 13B] and Section 27 of the Environmental Protection Act [415 ILCS 5/27]




E) Effect on small business, small municipalities, or not-for-profit corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that owns or operates a motor vehicle that is subject to enhanced I/M testing regulations.





Kent Mohr Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East Springfield, IL 62794-9276 217/782-5544


j) Part (Heading and Code Citation): Permit Fees for National Pollutant Discharge

Elimination System Permits and Domestic Sewage Sludge Generator or User Permits; 35 Ill. Adm. Code 325

1) Rulemaking:

A) Description: This rulemaking will set forth the procedures the Agency

will use to collect fees under Section 12.5 of the Environmental Protection Act [415 ILCS 5/12.5].


Environmental Protection Act [415 ILCS 5/12.5]




corporations: Any small business, small municipality, or not-for-profit corporation that is required to obtain a National Pollutant Discharge Elimination System [NPDES] permit or sludge generator or user permit from the Agency may be impacted by this rulemaking.






Deborah J. Williams Division of Legal Counsel Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544


k) Part (Heading and Code Citation): Amendment to Procedure for the Certification of

Operators of Wastewater Treatment Works; 35 Ill. Adm. Code 380

1) Rulemaking:

A) Description: Proposed amendments will modify the groupings of industrial wastewater treatment works and qualifications needed by Wastewater Operators.

B) Statutory Authority: Implementing and authorized by Section 11 and 27

of the Environmental Protection Act [415 ILCS 5/11 and 5/27]




corporations: Any small businesses, small municipalities, or not-for-profit corporations operating wastewater treatment works may be affected by the proposed amendments.



Stefanie Diers Division of Legal Counsel Environmental Protection Agency 1021 North Grand Avenue East




P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544


l) Parts (Headings and Code Citations): Illinois Environmental Protection Agency Public

Water Supplies, Technical Policy Statements; 35 Ill. Adm. Code 651 through 654

1) Rulemaking:

A) Description: The amendments to these Agency rules will update definitions and explanations of administrative procedures and provide current information to owners, operators, and official custodians of public water supplies. More recent design and operational criteria will be incorporated to provide information necessary for the design, operation, and maintenance of public water supplies and to facilitate the permitting process. In addition, the amendments will exempt from restricted status certain public water supplies that exceed the combined radium standard, provided the supplies meet certain conditions.

The amendments to these Agency rules will also incorporate technical, financial, and managerial requirements for new public water supplies. The proposed amendments are required by the 1996 amendments to the federal Safe Drinking Water Act (SDWA). On May 22, 1998, the Illinois General Assembly passed SB 545 which, inter alia, amends Sections 15 and 18 of the Environmental Protection Act to require that new public water supplies have the technical, financial, and managerial capacity to meet federal and State drinking water regulations. The Governor signed this bill into law on August 14, 1998, as P.A. 90-0773.

B) Statutory Authority: Implementing and authorized by Sections 14 through

19 of the Illinois Environmental Protection Act [415 ILCS 5/14 through 5/19]








corporations: These amendments will generally benefit small businesses, small municipalities, and not-for-profit entities by clarifying the requirements for operations and permits. There may be some additional reporting requirements. These amendments may also affect new small businesses, new small municipalities, and not-for-profit corporations in Illinois to the extent the affected entities own or operate a "public water supply" as defined by Section 3.28 of the Act, i.e., it has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or it is assisting a public water supply to demonstrate compliance.



Stefanie Diers Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544

G) Related rulemakings and other pertinent information : The Agency is

preparing a rulemaking proposal to establish the requirements that must be met by public water supplies that exceed the combined radium standard or the gross alpha particle activity standard, to avoid being placed on restrictive status.

m) Parts (Headings and Code Citations): Procedures For Issuing Loans From The Public

Water Supply Loan Program; Procedures And Requirements For Determining Loan Priorities Of Projects In The Public Water Supply Loan Program; 35 Ill. Adm. Code 662 and 663

1) Rulemaking:

A) Description: The Agency has issued tax-exempt bonds to increase funding

for the Public Water Supply Loan Program. The Agency will review Parts




662 and 663 to determine how these parts may be amended to accommodate future leveraging of the program.

B) Statutory Authority: Implementing and authorized by Sections 14 through

19 of the Illinois Environmental Protection Act [415 ILCS 5/14 through 5/19].




E) Effect on small business, small municipalities or not-for-profit corporations: These rules apply only to public entities, such as municipalities, sanitary districts, etc. The amendments will clarify the requirements of the Public Water Supply Loan Program that relate to the issuance of tax-exempt bonds.



Stefanie Diers Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544


n) Part (Heading and Code Citation): Procedures For Issuing Loans From The Water

Pollution Control Program for Non-Point Pollution Control Projects; New Part

1) Rulemaking:

A) Description: This rulemaking will create procedures for eligible local government units, other governmental entities, non-governmental entities or any combination thereof, to obtain loans from the Water Pollution




Control Loan Program for projects to control non-point sources of pollution.

B) Statutory Authority: The proposed rules implement Title IV-A: Water

Pollution Control of the Illinois Environmental Protection Act [415 ILCS 5/19.1 through 5/19.8]

C) Scheduled meeting/hearing date: The Agency has not yet scheduled



E) Effect on small businesses, small municipalities or not-for-profit corporations: These rules will benefit these entities by creating procedures to enable these and other entities to obtain loans from the Water Pollution Control Loan Program for projects to control non-point sources of pollution.



Stefanie Diers Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544


o) Part (Heading and Code Citation): Procedures for the Agency’s expedited review of

RCRA corrective action plans and reports; New Part

1) Rulemaking:

A) Description: The proposed new rule will set forth the procedures the Agency will use to perform an expedited review of RCRA corrective action plans and reports.




B) Statutory Authority: Authorized by Section 22.3a of the Environmental

Protection Act [415 ILCS 5/22.3a]

C) Scheduled meeting/hearings dates: The Agency has not yet scheduled meetings or hearings on this proposal.



corporations: None known

F) Agency contact person for information: Address written comments concerning the substance of the rulemaking as follows:

Kim Geving Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544


p) Part (Heading and Code Citation): Access to Public Records of the Illinois

Environmental Protection Agency; 2 Ill. Adm. Code 1828

1) Rulemaking:

A) Description: The Agency is preparing a rulemaking to amend its access to public records regulations to reflect changes made to the Freedom of Information Act [5 ILCS 140] and to update Illinois EPA procedures in receiving and processing Freedom of Information Act requests.

B) Statutory Authority: Authorized by Section 3(g) of the Freedom of

Information Act [5 ILCS 140/3(g)]







corporation: There may be an effect on any small business, small municipality, or not-for-profit corporation that engages in making a Freedom of Information Act request.





q) Part (Heading and Code Citation): Procurement; 44 Ill. Adm. Code 550

1) Rulemaking:

A) Description: Proposed repeal of 44 Ill. Adm. Code 550. The procurement procedures set forth in 44 Ill. Adm. Code 550 are obsolete and no longer used. The procurement procedures were adopted by the Illinois EPA in 1983 in fulfillment of the requirements of the Illinois Purchasing Act (30 Ill. Adm. Code 505). The Illinois Purchasing Act was repealed in 1998 by P. A. 90-572. The Illinois Procurement Code at 30 Ill. Adm. Code 500 is the authority currently used by the Illinois EPA regarding procurement. The Procurement Code has no requirement that individual state agencies adopt regulations concerning procurement and therefore the procurement procedures of 44 Ill. Adm. Code 550 are being repealed.

B) Statutory Authority: 30 ILCS 500/1





meeting or hearing dates on this proposal.

D) Date Agency anticipates First Notice: Fall or Winter 2009.

E) Effect on small businesses, small municipalities or not-for-profit corporations: Small businesses, small municipalities and not-for-profit corporations will not be affected by the proposal.



Stephanie Flowers Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 217/782-5544

G) Related Rulemaking and other pertinent information: None


DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION


I. DIVISION OF BANKING a) Part(s) (Heading and Code Citation): Emergency Waiver of Interstate Banking

Restrictions (New Part)

1) Rulemaking:

A) Description: Although there are certain restrictions in the Illinois Banking Act that prohibit banks of some states from opening branches in Illinois, the Banking Emergencies Act provides that if the Division of Banking issues a proclamation that an emergency exists, a bank from another state may open and operate a branch in Illinois during the time of the emergency. This rule will provide the information the out of state bank will need to submit to the Division in order to open the branch, such as the name of the bank, the locations of the bank that are closed due to the emergency, and the location of the emergency branch.

B) Statutory Authority: [205 ILCS 610/2(b) and 205 ILCS 3205/6(h)]

Section 2(b) of the Banking Emergencies Act [205 ILCS 610/2(b)] requires the Department to adopt rules to implement the provisions regarding the emergency branch. There are currently no procedures in place to implement the statute and no directions to the out of state bank of what information might be required.

C) Scheduled meeting/hearing date: No meetings or hearings have been

scheduled.

D) Date agency anticipates First Notice: Unknown

E) Effect on small businesses, small municipalities or not for profit corporations: None


Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/557-4451





b) Part(s) (Heading and Code Citation): Rules Governing the Approval of Senior Executive

Officers and Directors (New Part)

1) Rulemaking:

A) Description: Prescribes guidelines for the approval of individuals seeking to serve as a senior executive officer or director of a bank. The rule will prescribe that the Department review the general character, experience and qualifications of the individuals, whether their prior involvement with any financial institution was conducted in a safe and sound manner, etc.

B) Statutory Authority: The factors listed above are found in the Illinois

Banking Act (205 ILCS 5/). The Department is seeking to clarify, perhaps offer examples of possible factors it may use in reviewing an application for a director or senior executive officer.


scheduled.






c) Part(s) (Heading and Code Citation): Bank Branches (38 Ill. Adm. Code 305)




1) Rulemaking:

A) Description: Eliminates the filing of a notice of establishment of a domestic bank branch for "eligible banks". Defines "eligible bank" as one that is well capitalized, received a composite CAMELS rating of 1 or 2 at its most recent exam, is under no regulatory enforcement action imposed by the Department or federal banking regulator.

The Department does not have the authority to approve branches, only the authority to acknowledge them. We have concluded that due to the fact that a bank's primary federal regulator approves the establishment of a new branch, for a well rated bank the acknowledgement is an added regulatory burden to the bank. The Department is seeking such information on poorly rated institutions so we can review their capital expenditures and overall expenses to make sure the establishment of the branch is safe and sound considering the bank’s current condition.

B) Statutory Authority: [205 ILCS 5]


scheduled.






d) Part(s) (Heading and Code Citation): Minimum Organizational Capital Requirements for

Banks and Trust Companies (38 Ill. Adm. Code 310)




1) Rulemaking:

A) Description: Increases the minimum amount required to form a bank in

different areas of the State. For banks located in the Chicago business district, increases the amount from $6,000,000 to $8,000,000. For banks located in the Chicago, Illinois metropolitan area, increases the amount from $4,000,000 to $6,000,000. For banks located outside of the Chicago business district or Chicago metropolitan area, increases the amount from $3,000,000 to $5,000,000. For bankers' banks, increases the amount from $3,500,000 to $5,000,000. The current amounts do not reflect the realistic requirements to charter a bank today based on the marketplace.



scheduled.






e) Part(s) (Heading and Code Citation): Licensing and Regulation of Pawnbrokers (38 Ill.

Adm. Code 360)

1) Rulemaking:




A) Description: Amends the definition of principal party of a pawnbroker to include any person who serves as the manager of a pawnshop or who otherwise influences control over the operations of a pawnshop. This provides the Department the ability to review the background and approve or deny persons who seek to control the operations of a pawnshop that have not previously been reviewed because the ownership of the stock was titled in another persons name.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Minimal effect on small businesses.




f) Part(s) (Heading and Code Citation): Eligible State Bank (38 Ill. Adm. Code 380)

1) Rulemaking:

A) Description: Removes "A state bank whose management or Board of Directors has requested an Examination by the Commissioner" from the definition of Eligible State Bank. Also clarifies that a request for an additional examination by a banks management or board of directors does not change the examination frequency of the bank.






scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Minimal effect on small businesses.




g) Part(s) (Heading and Code Citation): Illinois Savings and Loan Act of 1985 (38 Ill.

Adm. Code 1000)

1) Rulemaking:

A) Description: Consideration will be given to whether rules should be added to this part for the purpose of elaborating on several provisions of the Illinois Savings and Loan Act of 1985 including those related to fiduciary duties of association directors and officers, transactions between an association and its directors, officers and principal shareholders, permissible investments, lending limits, books and records, bonds, and audits; and subpart A related to fees will be amended as required or otherwise warranted in response to any Acts from the current session of the Illinois General Assembly dealing with fees (see, Senate Bill 2513).

B) Statutory Authority: [205 ILCS 105/7-3(b)(2)]


scheduled.




D) Date agency anticipates First Notice: Unknown.

E) Effect on small businesses, small municipalities or not for profit corporations: Will affect Illinois state-chartered associations




h) Part(s) (Heading and Code Citation): Residential Mortgage License Act of 1987 (38 Ill.

Adm. Code 1050)

1) Rulemaking:

A) Description: Revisions to the rules are needed to provide for the licensing of mortgage loan originators through the Nationwide Mortgage Licensing System & Registry (NMLS & R) in order to comply with The Safe and Fair Enforcement Mortgage Licensing Act (S.A.F.E. Act) of the federal Housing and Economic Recovery Act of 2008 (Public Law 110-289) and to implement and supplement HB 4011 which has passed both houses and is awaiting the Governor's signature. The Division of Banking currently has a loan originator registration system in place, but revisions will further provide for the transition to the mortgage loan originator licensing program to comply with the S.A.F.E. Act, including increasing mortgage company surety bond minimum amounts to cover mortgage loan originators and providing for a graduated scale (the minimum surety bond amount required for an Illinois residential mortgage licensee to maintain) based upon the number of mortgage loan originators or loan volume. Additional transition changes will be provided in the proposed rules to coordinate evaluation, continuing education, and other provisions for mortgage loan originators with provisions contained within HB 4011. The Department will also propose some revisions to clarify, coordinate, or




enhance certain licensing, operations and supervision, and practices provisions for Illinois residential mortgage licensees.

B) Statutory Authority: [205 ILCS 635/4-1(g), 7-1]


scheduled.

D) Date agency anticipates First Notice: July 2009

E) Effect on small businesses, small municipalities or not for profit corporations: Small businesses and not-for-profit corporations that are Illinois residential mortgage licensees will have limited increased costs due to federal requirements to comply with the S.A.F.E. Act and to implement HB 4011 such as for additional surety bond coverage.




i) Part(s) (Heading and Code Citation): Savings Bank Act (38 Ill. Adm. Code 1075)

1) Rulemaking:

A) Description: If SB 1422 (96th General Assembly) which would amend Section 8015 (change in control) of the Savings Bank Act is enacted, Section 1075.1700 of the Rules will be amended to reflect changes in Section 8015. Key provisions of the Savings Bank Act including those related to fiduciary duties of savings bank directors and officers, transactions between a savings bank and its directors, officers and principal shareholders, permissible investments, lending limits, books and records, bonds, and audits, will be reviewed. Subpart A related to fees will be amended as required or otherwise warranted in response to any Acts




from the current session of the Illinois General Assembly dealing with fees (see, Senate Bill 2513). Section 1075.310 will be considered for repeal. Section1075.430 (f) will be revised to correct the reference to Subsection (g) which should refer to Subsection (e) and Sections 1075.505, 1075.540, and 1075.555 will be reviewed to consider changes to authority granted therein.

B) Statutory Authority: [205 ILCS 205/2001.35, 6002, 6003, 8015 and 9002]


scheduled.

D) Date agency anticipates First Notice: Depends on whether and when SB 1422 is enacted.


corporations: Rulemaking will affect Illinois State-chartered savings banks.




II. DIVISION OF PROFESSIONAL REGULATION

a) Part(s) (Heading and Code Citation): Barber, Cosmetology, Esthetics and Nail

Technology Act (68 Ill. Adm. Code 1160)

1) Rulemaking:

A) Description: Technical clean-up changes based on continuing consultation with professional boards.





C) Scheduled meeting/hearing date: No hearings or meetings have been scheduled.



corporations: Licensed cosmetologists, estheticians, nail technicians and barbers may be affected.




b) Part(s) (Heading and Code Citation): Professional Boxing Act (68 Ill Adm. Code 1371)

1) Rulemaking:

A) Description: HB 786 makes changes in the Act designed to clarify differences between various types of martial arts, concentrating on "full-contact" as those needing the most oversight, and makes additional clarifications regarding amateur and professional matches; if signed into law, this bill will necessitate changes to this Part.



scheduled.

D) Date agency anticipates First Notice:




E) Effect on small businesses, small municipalities or not for profit corporations: Individuals and/or entities licensed by the Division under the provisions of the Professional Boxing Act




c) Part(s) (Heading and Code Citation): Collection Agency Act (68 Ill. Adm. Code 1210)

1) Rulemaking:

A) Description: Various sections may be amended to address inconsistencies and technical problems and other changes as a result of the sunset reauthorization of the Act.


C) Scheduled meeting/hearing date: No hearings or meetings have been

scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed collection agencies and other legal entities that offer services to collect an alleged delinquent debt may be affected.


Division of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 3rd Floor Springfield, IL 62786




217/785-0813 Fax: 217/557-4451

G) Related rulemakings and other pertinent information: None d) Part(s) (Heading and Code Citation): Illinois Dental Practice Act (68 Ill Adm. Code

1220).

1) Rulemaking:

A) Description: PA 95-399 requires the Department to promulgate rules relating to the administration and monitoring of anesthesia and the requisite training of dental personnel.



scheduled.

D) Date agency anticipates First Notice: September 2009

E) Effect on small businesses, small municipalities or not for profit corporations: Licensed dentists, dental hygienists and dental assistants may be affected.




e) Part(s) (Heading and Code Citation): Private Detective, Private Alarm, Private Security,

and Locksmith Act of 1993 (68 Ill. Adm. Code 1240)

1) Rulemaking:




A) Description: PA 95-613 extensively amends the Act to provide for the licensure of fingerprint vendors and canine trainers and handlers; rules will be written to implement these requirements.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed private detectives, security contractors, alarm contractors and locksmiths, their agencies and their employees and applicants for licensure under this Act may be affected.




f) Part(s) (Heading and Code Citation): Funeral Directors and Embalmers Licensing Code

(68 Ill. Adm. Code 1250)

1) Rulemaking:

A) Description: Section 1250.165 would be amended to include a fee structure for application and renewal for a Continuing Education sponsor.



scheduled.





E) Effect on small businesses, small municipalities or not for profit corporations: Licensed funeral directors and embalmers may be affected.




g) Part(s) (Heading and Code Citation): Genetic Counselor Licensing Act (68 Ill. Adm.

Code 1251)

1) Rulemaking:

A) Description: Technical clean-up changes may be necessary.





corporations: Licensed genetic counselors may be affected.







h) Part(s) (Heading and Code Citation): Home Inspector License Act (68 Ill. Adm. Code

1410)

1) Rulemaking:

A) Description: Technical clean up will include changes reflecting the consolidation of the Department of Financial and Professional Regulation.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed home inspectors may be affected.




i) Part(s) (Heading and Code Citation): Home Medical Equipment and Services Provider

License Act (68 Ill. Adm. Code 1253)

1) Rulemaking:









corporations: Licensed home medical equipment providers may be affected.




j) Part(s) (Heading and Code Citation): Illinois Landscape Architecture Act of 1989 (68 Ill.

Adm. Code 1275)

1) Rulemaking:




scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed landscape architects may be affected.







k) Part(s) (Heading and Code Citation): Marriage and Family Therapy Licensing Act

1) Rulemaking:

A) Description: Various sections will be amended to address inconsistencies and technical problems and other changes as a result of the sunset reauthorization of the Act.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed marriage and family therapists may be affected.




l) Part(s) (Heading and Code Citation): Massage Licensing Act (68 Ill Adm. Code 1284)




1) Rulemaking:

A) Description: Technical clean-up changes will be made including the

elimination of the work history requirement in Section 1284.40 since it is no longer required.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed massage therapists may be affected.




m) Part(s) (Heading and Code Citation): Nursing and Advanced Practice Nursing Act (68 Ill

Adm. Code 1300 and 1305)

1) Rulemaking:

A) Description: As a result of the sunset review process, PA 95-639 completely rewrote the Act, including changing the name to the Nurse Practice Act; as a result of the extensive changes this entails, the current Parts 1300 and 1305 will be replaced with a new Part.






D) Date agency anticipates First Notice: August 2009


corporations: Individuals applying for licensure or licensed under this Act may be affected.




n) Part(s) (Heading and Code Citation): Nursing Home Administrators Licensing and

Disciplinary Act (68 Ill. Adm. Code 1310)

1) Rulemaking:

A) Description: Various sections will be amended to address inconsistencies and technical problems and other changes as a result of the sunset reauthorization of the Act and the consolidation of the Department of Financial and Professional Regulation.



scheduled.









o) Part(s) (Heading and Code Citation): Illinois Orthotics, Prosthetics and Pedorthics

Practice Act (68 Ill. Adm. Code 1325)

1) Rulemaking:




scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed orthotists, prosthetists, and pedorthists may be affected.







p) Part(s) (Heading and Code Citation): Pharmacy Practice Act of 1987 (68 Ill. Adm. Code 1330)

1) Rulemaking:

A) Description: As a result of the sunset review process, PA 95-689 made

extensive changes to the Act, including abbreviating the name to the Pharmacy Practice Act; as a result of these changes, the current Part 1330 will be replaced with a new Part.


C) Scheduled meeting/hearing date: No hearings have been scheduled.



corporations: Licensed pharmacists, pharmacy technicians, and pharmacies will be affected.




q) Part(s) (Heading and Code Citation): Physician Assistant Practice Act of 1987 (68 Ill.

Adm. Code 1350)

1) Rulemaking:

A) Description: Various sections will be amended to address inconsistencies and technical problems and other changes as a result of PA 95-703, the sunset reauthorization of the Act, and the consolidation of the Department of Financial and Professional Regulation.








corporations: Licensed physician assistants may be affected.




r) Part(s) (Heading and Code Citation): Podiatric Medical Practice Act of 1987(68 Ill.

Adm. Code 1360)

1) Rulemaking:

A) Description: Various sections may be amended to address inconsistencies and technical problems and other changes as a result of PA 95-235, the sunset reauthorization of the Act.





corporations: Licensed podiatrists may be affected.







s) Part(s) (Heading and Code Citation): Clinical Psychologist Licensing Act (68 Ill. Adm.

Code 1400)

1) Rulemaking:






corporations: Licensed clinical psychologists may be affected.




t) Part(s) (Heading and Code Citation): Public Accounting Act (68 Ill. Adm. Code 1420

and 1430)




1) Rulemaking:

A) Description: Section 1420.10 would be amended to include consideration of self-employment as experience for potential applicants.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed and registered certified public accountants may be affected.




u) Part(s) (Heading and Code Citation): Illinois Roofing Industry Licensing Act (68 Ill.

Adm. Code 1460)

1) Rulemaking:

A) Description: Section 1460.40 would be amended to change the renewal date to 12/31 of odd numbered years to allow for renewals to take place in the off-season for roofers. Section 1460.50 would the current restoration language to clarify that if a qualifying party's license has lapsed less than 180 days from the present reading of 90 days, an exam does not need to be taken.






scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed roofing contractors and applicants for licensure may be affected.




v) Part(s) (Heading and Code Citation): Clinical Social Work and Social Work Practice Act


1) Rulemaking:

A) Description: Various sections may be amended to address inconsistencies and technical problems and other changes as a result of PA 95-687, the sunset reauthorization of the Act.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed social workers and clinical social workers may be affected.







w) Part(s) (Heading and Code Citation): Illinois Certified Shorthand Reporters Act of 1984


1) Rulemaking:




scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed certified shorthand reporters may be affected.







x) Part(s) (Heading and Code Citation): Illinois Speech-Language Pathology and Audiology Practice Act (68 Ill. Adm. Code 1465)

1) Rulemaking:

A) Description: Various sections may be amended to address inconsistencies

and technical problems and other changes as a result of PA 95-465, the sunset reauthorization of the Act.



scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: Licensed speech-language pathologists, assistants, and audiologists may be affected.




y) Part(s) (Heading and Code Citation): Wholesale Drug Distribution Licensing Act (68 Ill.

Adm. Code 1510)

1) Rulemaking:

A) Description: Various sections may be amended to address inconsistencies and technical problems between the Act and this Part as a result of the extensive changes contained in PA 95-689.








corporations: Licensed wholesale drug distributors and applicants for licensure may be affected.





ILLINOIS GAMING BOARD


a) Part (Heading and Code Citation): Riverboat Gambling, 86 Ill. Adm. Code 3000 1) Rulemaking:

A) The purpose of the proposed rulemaking will be to amend Section 3000.615, Payout Percentage for Electronic Gaming Devices, to provide that the sign currently posted on all Electronic Gaming Devices shall indicate the actual payout percentage over a moving period of time, rather than the theoretical aggregate payout percentage, and provides standards for signage related to the payout percentage.

B) Statutory Authority: Section 5 (c) (2), (3), and (7) of the Riverboat

Gambling Act [230 ILCS 10/5 (c) (2), (3), and (7) (West 2006)].

C) Scheduled meeting/hearing dates: None.

D) Date agency anticipates First Notice: Within 6 months.

E) Effect on small business, small municipalities or not-for-profit corporations: None.


Michael Fries Illinois Gaming Board 160 North LaSalle, Suite S-300 Chicago, Illinois 60601-3274 312/814-4700

G) Related rulemaking and other pertinent information: None.

b) Part (Heading and Code Citation): Riverboat Gambling, 86 Ill. Adm. Code 3000 1) Rulemaking:

A) The purpose of the proposed rulemaking will be to amend Section 3000.220, Applications, by providing that an application for approval as a Key Person under Section 3000.222, Identification and Requirements of Key Persons, may be withdrawn without leave of the Illinois Gaming




Board, if written notification of withdrawal is received prior to Board action on the application, and unless the intended withdrawal is objected to by the Administrator, in which case leave of the Board is required.

B) Statutory Authority: Section 5 (c) (2) (3), and (6) of the Riverboat




E) Effect on small business, small municipalities or not-for-profit corporations: None.




c) Part (Heading and Code Citation): Riverboat Gambling, 86 Ill. Adm. Code 3000

1) Rulemaking:

A) The purpose of the proposed rulemaking will be to amend Section 3000.660, Minimum Standards for Gaming Devices, by providing that an Electronic Gaming Device (EGD) is acceptable for use in a tournament only if a tournament EPROM has been installed which is in tournament mode. Section 3000.660 c) 4) currently requires EGDs used in tournament play to have tournament EPROMs installed, but it does not require these EPROMs to be in tournament mode. The current language is inadequate with respect to today’s EPROM technology, which allows an EPROM’s tournament mode to be switched on and off after the EPROM has been installed.




B) Statutory Authority: Section 5 (c) (2), (3), and (7) of the Riverboat Gambling Act [230 ILCS 10/5 (c) (2), (3), and (7) (West 2006)].




corporations: None.

F) Agency contact person for information: Michael Fries Illinois Gaming Board 160 North LaSalle, Suite S-300 Chicago, Illinois 60601-3274 312/814-4700


d) Part (Heading and Code Citation): Riverboat Gambling, 86 Ill. Adm. Code 3000 1) Rulemaking:

A) The purpose of the proposed rulemaking will be to amend Section 3000.221, Other Required Forms, by requiring various categories of persons licensed or approved by the Illinois Gaming Board to submit Trust Registration and Disclosure Forms. Persons covered under the proposed rulemaking are key persons (as defined in Section 3000.100), as well as occupational level one, supplier, and owner licensees and applicants. These persons must submit a Trust Registration and Disclosure Form for any trust in which they are a grantee, trustee, or beneficiary, if: 1) the trust holds a direct or indirect interest in any gaming entity subject to regulation by a gaming jurisdiction, or 2) the Board makes a request for form submission.. The Trust Registration and Disclosure Forms will be subject to the provisions of Section 3000.140, requiring prompt disclosure to the Board whenever there is a material change in information previously furnished to the Board.




B) Statutory Authority: Section 5 (c) (1), (2), (3), and (6) of the Riverboat Gambling Act [230 ILCS 10/5 (c) (1), (2), (3), and (6) (West 2008)].




corporations: None.




e) Part (Heading and Code Citation): Riverboat Gambling, 86 Ill. Adm. Code 3000 1) Rulemaking:

A) The purpose of the proposed rulemaking will be to amend paragraph y) of Section 3000.665, Integrity of Electronic Gaming Devices, by revising the procedures applicable when an electronic gaming device (EGD) loses operational capability. Currently, the procedures set forth in paragraph y) restrict the issuance of more than one voucher after a loss of communication with the voucher system. As amended by the proposed rule, the EGD will be able to issue a preset, approved number of vouchers after a loss of communication with the voucher system.

B) Statutory Authority: Section 5 (c) (2), (3), and (7) of the Riverboat








corporations: None.

F) Agency contact person for information: Michael Fries Illinois Gaming Board 160 North LaSalle, Suite S-300 Chicago, Illinois 60601-3274 312/814-4700



DEPARTMENT OF HUMAN RIGHTS


a) Part(s) (Heading and Code Citation): Procedures of the Department of Human Rights (56 Ill. Adm. Code 2520).

1) Rulemaking:

A) Description: The Department intends to clarify that pursuant to Section 8-

103(D) of the Illinois Human Rights Act, when a Respondent does not file a request for review of a the Department's finding of default , the statutory time period pursuant to Section 7A-102(G) of the Act shall toll.

B) Statutory Authority: Implementing Articles 1 through 7B of the Illinois

Human Rights Act [775 ILCS 5/Arts. 1 through 7B] and the Intergovernmental Cooperation Act [5 ILCS 220], and authorized by Sections 7-101(A) and 7-105(A) of the Illinois Human Rights Act [775 ILCS 5/7-101(A) and 7-105(A)]

C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled

or anticipated at this time.

D) Date agency anticipates First Notice: November 1, 2009

E) Effect on small business, small municipalities or not for profit corporations: None


David T. Rothal Staff Attorney Illinois Department of Human Rights – Legal Division 100 W. Randolph St., Ste. 10-100 Chicago, IL 60601 312/814-6257 or 217/785-5125 (TTY)


b) Part(s) (Heading and Code Citation): Access to Information (2 Ill. Adm. Code 926).

1) Rulemaking:




A) Description: The Department's proposed rule would change the Department's procedures to require some entities seeking training from the Department to pay for such training. Payment would be required only from non-governmental entities with more than fifty employees who seek training outside the premises of State government. The amendment would also establish procedures for such payments.

B) Statutory Authority: Implementing Articles 1 through 7B of the Illinois

Human Rights Act [775 ILCS 5/Arts. 1 through 7B] and the Intergovernmental Cooperation Act [5 ILCS 220], and authorized by Sections 7-101(A) and 7-105(A) of the Illinois Human Rights Act [775 ILCS 5/7-101(A) and 7-105(A)]








c) Part(s) (Heading and Code Citation): Procedures Applicable to All Agencies (44 Ill.

Adm. Code 750).

1) Rulemaking:




A) Description: The proposed amendment would create procedures for eligible bidders to provide the Department with a registration fee of $75.00 for filing an Employer Report Form.

B) Statutory Authority: Implementing Sections 2-105(A), 7-101(A), and 7-

105(A) of the Illinois Human Rights Act and authorized by Sections 7-101(A) and 7-105(A) of the Illinois Human Rights Act [775 ILCS 5/2-105(A), 7-101(A) and 7-105]









HUMAN RIGHTS COMMISSION


a) Part(s) (Heading and Code Citation): Procedural Rules (56 Ill. Adm. Code 5300)

1) Rulemaking:

A) Description: Amendments to the Procedural Rules of the Human Rights Commission are anticipated throughout 56 Ill. Adm. Code 5300 to correct outdated citations. Amendments are also anticipated to clarify discovery procedures in 56 Ill. Adm. Code 5300.720 and 5300.730. An amendment is also expected to identify a "Vice Chair" who may act in a Chairperson's absence.

B) Statutory Authority: Authorized by Section 5/8-102(E) and Section 5/8-

101(C)(3) of the Illinois Human Rights Act [775 ILCS 5/8-102(E) and 775 ILCS 5/8-101(C)(3)]



D) Date agency anticipates First Notice: September 15, 2009

E) Effect on small business, small municipalities, or not for profit corporations: None


Harriet Parker, General Counsel Human Rights Commission 100 W. Randolph Street, Suite 5-100 Chicago, Illinois 60601 312/814-6269 or 312/814-4760 (TTY)



DEPARTMENT OF HUMAN SERVICES


a) Part(s) (Heading and Code Citation): Americans with Disabilities Act Grievance Procedure, 4 Ill. Adm. Code 300

1) Rulemaking:

A) Description: This rulemaking changes the address of the ADA Coordinator, renames a section, adds a grievance form number, and modifies the definition of disability.


Rehabilitation Act [29 U.S.C. § 794]; Americans with Disabilities Act [42 U.S.C. §12101].

C) Schedule Meeting/Hearing Date: The public will have an opportunity to

comment on these rules during the First Notice Period. Hearings will be held if necessary as required by the Illinois Administrative Procedure Act [5 ILCS 100].

D) Date agency anticipates First Notice: 07/30/09

E) Effect on small business, small municipalities or not for profit corporations: No, this rulemaking will not affect small business or not for profit corporations.

F) Agency contact person for information: Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 217/785-9772

G) Related rulemakings and other pertinent information: None b) Part(s) (Heading and Code Citation): Office of Inspector General Investigations of

Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies, 59 Ill. Adm. Code 50




1) Rulemaking:

A) Description: This rulemaking is necessary to revise the registry appeal section, the definitions section and any other applicable sections pending the passage of HB 3844.

B) Statutory Authority: Implementing and authorized by Section 1-17 of the

Department of Human Services Act [20 ILCS 1305].

C) Schedule Meeting/Hearing Date: The public will have an opportunity to comment on these rules during the First Notice Period. Hearings will be held if necessary as required by the Illinois Administrative Procedure Act [5 ILCS 100].



F) Agency on contact person for information: Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772

G) Related rulemakings and other pertinent information: None c) Part(s) (Heading and Code Citation): Standards and Licensure Requirements for

Community-Integrated Living Arrangements, 59 Ill. Adm. Code 115 1) Rulemaking:

A) Description: This rulemaking will enhance the licensure survey protocol.

B) Statutory Authority: Implementing the Community-Integrated Living Arrangements Licensure and Certification Act [210 ILCS 135] and the




Health Care Worker Background Check Act [225 ILCS 46], and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104] and Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5].


comment on these rules during the First Notice Period. Hearings will be held if necessary as required by the Illinois Administrative Procedures Act [5 ILCS 100].


E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small businesses that provide developmental disabilities services.

F) Agency contact person for information: Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772

G) Related rulemakings and other pertinent information: None d) Part(s) (Heading and Code Citation): Minimum Standards for Certification of

Developmental Training Programs, 59 Ill. Adm. Code 119 1) Rulemaking:

A) Description: This rulemaking will enhance the licensure survey protocol.

B) Statutory Authority: Implementing Section 15.2 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/15.2] and the Health Care Worker Background Check Act [225 ILCS 46] and authorized by Section 15.2 of the Mental Health and Developmental Disabilities Administrative Act.








G) Related rulemakings and other pertinent information: None e) Part(s) (Heading and Code Citation): Medicaid Home and Community-Based Waiver

Program for Individuals with Developmental Disabilities, 59 Ill. Adm. Code 120 1) Rulemaking:

A) Description: This rulemaking will amend the appeal process for denial or termination of Medicaid waiver services for persons with developmental disabilities, add language regarding behavior plans for waiver participants, and update existing language to reflect current policies and practices.

B) Statutory Authority: Implementing Section 3 of the Community Services

Act [405 ILCS 30/3] and Sections 5-1 through 5-11 of the Public Aid Code [305 ILCS 5/5-1 through 5-11] and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104] and Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5].








G) Related rulemakings and other pertinent information: None f) Part(s) (Heading and Code Citation): Medicaid Community Mental Health Services

Program, 59 Ill. Adm. Code 132 1) Rulemaking:

A) Description: This rulemaking is necessary to clarify administrative functions: client rights, mental health assessment activities, the treatment plan process and the provision of mental health services.

B) Statutory Authority: Implementing and authorized by the Community

Services Act [405 ILCS 30] and Section 15.3 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/15.3].







E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small businesses that provide mental health services.



g) Part(s) (Heading and Code Citation): Individual Care Grants for Mentally Ill Children, 59 Ill. Adm. Code 135

1) Rulemaking:

A) Description: This rulemaking is necessary to clarify provisions governing certain services.

B) Statutory Authority:




E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small businesses that provide mental health services.

F) Agency contact person for information: Tracie Drew, Bureau Chief




Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772

G) Related rulemakings and other pertinent information: None h) Part(s) (Heading and Code Citation): Award and Monitoring of Funds, 77 Ill. Adm.

Code 2030 1) Rulemaking:

A) Description: This rulemaking will repeal outdated portions of the rule. The remaining pertinent sections will be amended into Part 2060 as a new funding section.

B) Statutory Authority: Authorized by the Illinois Alcoholism and Other

Drug Abuse and Dependency Act [20 ILCS 301].

C) Schedule Meeting/Hearing Date: The public will have an opportunity to comment on these rules during the First Notice Period. Hearings will be held if necessary as required by the Illinois Administrative Procedures Act [5 ILCS 100].


E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect addiction intervention and treatment providers.





G) Related rulemakings and other pertinent information: 77 Ill. Adm. Code 2060 will be amended to include the remaining parts of this rule.

i) Part(s) (Heading and Code Citation): Compulsive Gambling, 77 Ill. Adm. Code 2059 1) Rulemaking:

A) Description: This rulemaking will repeal Part 2059. The content of this rulemaking will be put into Part 2060.


Illinois Lottery Law [20 ILCS 1605/10.7], Section 4.3 of the Illinois Bingo License and Tax Act [230 ILCS 25/4.3], Section 8.1 of the Illinois Gaming Act [230 ILCS 30/8.1], Section 34.1 of the Illinois Horse Racing Act [230 ILCS 5/34.1] and Section 13.1 of the Riverboat Gambling Act [230 ILCS 10/13.1].






G) Related rulemakings and other pertinent information: 77 Ill. Adm. Code 2060 will be amended to incorporate this rule.




j) Part(s) (Heading and Code Citation): Alcoholism & Substance Abuse Treatment & Intervention Licenses, 77 Ill. Adm. Code 2060

1) Rulemaking:

A) Description: This rule will be amended to update clinical and licensure standards and new subsections will be added relative to funding, Medicaid standards and compulsive gambling treatment.

B) Statutory Authority: Implementing and authorized by the Illinois Vehicle

Code [625 ILCS 5] and the Alcoholism and Other Drug Dependency Act [20 ILCS 301].






G) Related rulemakings and other pertinent information: 77 Ill. Adm. Code 2030, 2059 and 2090 will be amended into this rulemaking.

k) Part(s) (Heading and Code Citation): Subacute Alcoholism & Substance Abuse

Treatment Services, 77 Ill. Adm. Code 2090 1) Rulemaking:




A) Description: This rulemaking will repeal Part 2090. The content of this

rulemaking will be put into Part 2060.

B) Statutory Authority: Implementing and authorized by Section 5-10 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/5-10].






G) Related rulemakings and other pertinent information: 77 Ill. Adm. Code 2060 will be amended to incorporate this rule.

l) Part(s) (Heading and Code Citation): New Rule for Developmental Disabilities

Eligibility Determinations 1) Rulemaking:

A) Description: This rulemaking will govern the completion of eligibility determinations for developmental disabilities service.




B) Statutory Authority: Authorized by Section the Mental Health and Developmental Disabilities Code [405 ILCS 5].






G) Related rulemakings and other pertinent information: None m) Part(s) (Heading and Code Citation): General Administrative Provisions, 89 Ill. Adm.


D) Description: Amendments are anticipated based on recommendations pertaining to the TANF Emergency Fund established by the American Recovery and Reinvestment Act of 2009 (ARRA), but the specific changes are unknown until the recommendations are approved. Sections affected by the recommendations that have been made include: 10.420 – Time Limitations on the Disposition of an Application and 10.430 – Approval of an Application and Initial Authorization of Financial Assistance.




E) Statutory Authority: The American Recovery and Reinvestment Act of 2009 (ARRA).

F) Schedule Meeting/Hearing Date: The public will have an opportunity to




F) Agency contact person for information: Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772 G) Related rulemakings and other pertinent information: None

n) Part(s) (Heading and Code Citation): Child Care, 89 Ill. Adm. Code 50 1) Rulemaking:

A) Description: This rulemaking will increase the period allowed to secure and maintain a child care arrangement from one month to 90 days if subsequent employment or activity is scheduled to begin or resume within that period.

B) Statutory Authority: Implementing Articles I through IXA and authorized

by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IXA and 12-13].


comment on these rules during the First Notice Period. Hearings will be




held if necessary as required by the Illinois Administrative Procedure Act [5 ILCS 100].


E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small businesses that provide child care services.


G) Related rulemakings and other pertinent information: This initiative is being funded with stimulus funds.

o) Part(s) (Heading and Code Citation): Child Care, 89 Ill. Adm. Code 50 1) Rulemaking: A) Description: This rulemaking will reduce parent co-payment amounts.

B) Statutory Authority: Implementing Articles I through IXA and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IXA and 12-13].







E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small business that provide child care services.



p) Part(s) (Heading and Code Citation): Child Care, 89 Ill. Adm. Code 50 1) Rulemaking:

A) Description: This rulemaking will change the provisions of a part-time co-payment when the care provided is less than 5 hours per day. The co-payment will be based on income and family size.

B) Statutory Authority: Implementing Articles I through IXA and authorized

by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IXA and 12-13].




E) Effect on small business, small municipalities or not for profit corporations: Yes, this rulemaking will affect small businesses that provide child care services.





Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772


q) Part(s) (Heading and Code Citation): Temporary Assistance for Needy Families, 89 Ill.

Adm. Code 112 1) Rulemaking:

A) Description: Amendments are anticipated based on recommendations pertaining to the TANF Emergency Fund established by the American Recovery and Reinvestment Act of 2009 (ARRA), but the specific changes are unknown until the recommendations are approved. Sections affected by the recommendations that have been made include: 112.141 – Earned Income Exemption; 112.252 – Payment Levels in Group I Counties; 112.253 – Payment Levels in Group II Counties; and 112.253 – Payment Levels in Group III Counties.

B) Statutory Authority: The American Recovery and Reinvestment Act of

2009 (ARRA).








Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue, East Springfield, Illinois 62762 (217) 785-9772 G) Related rulemakings and other pertinent information: None

r) Part(s) (Heading and Code Citation): Aid to the Aged, Blind or Disabled, 89 Ill. Adm.


A) Description: This rulemaking will remove the July 1, 2009, sunset date in Section 113.264 for Refugees Ineligible for SSI.

B) Statutory Authority: Pending House Bill 399 and Senate Bill 1283.









s) Part(s) (Heading and Code Citation): Food Stamps, 89 Ill. Adm. Code 121 1) Rulemaking:

A) Description: This rulemaking will increase the maximum food stamp benefit amounts and the maximum income eligibility standards as allowed by federal law.

B) Statutory Authority: Federal Regulations at 7 CFR 273.9 require an

annual increase each October.





t) Part(s) (Heading and Code Citation): Food Stamps, 89 Ill. Adm. Code 121 1) Rulemaking:

A) Description: This rulemaking will increase the Utility Standards – Air Conditioning/Heating Standard, the Limited Utility Standard, the Single




Utility Standard and the Telephone Standard if the annual review determines that an increase is needed.

B) Statutory Authority: Federal regulations at 7 CFR 273.9 require an annual

review of the Utility Standards to determine if an increase is needed. C) Schedule Meeting/Hearing Date: The public will have an opportunity to






u) Part(s) (Heading and Code Citation): LEKOTEKS, 89 Ill. Adm. Code 899 1) Rulemaking:

A) Description: This rulemaking is necessary to streamline and update

language.

B) Statutory Authority: Implementing and authorized by Sections 3(k) and 3c of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3(k) and 3c].


comment on these rules during the First Notice Period. Hearings will be




held if necessary as required by the Illinois Administrative Procedure Act [5 ILCS 100].






DEPARTMENT OF INSURANCE


a) Part(s) (Heading and Code Citation):

1) Rulemaking: Filing Policy and Endorsements Form (50 Ill. Adm. Code 753)

A) Description: The Division needs to address the requirements for submitting form filings to increase uniformity and efficiency. In addition, with the technological advancements and changes in how documents are processed and reproduced, the current rule provisions need to be clarified and refined.

B) Statutory Authority: Implementing Section 5/143(2) and authorized by

Section 5/401 of the Insurance Code [215 ILCS 5/143(2) and 5/401].

C) Scheduled meeting/hearing dates: None have been scheduled.


E) Effect on small businesses, small municipalities or not for profit corporations: This proposal will not affect small businesses, small municipalities or not for profit organizations.


John Gatlin Illinois Department of Insurance 320 West Washington Springfield, Illinois 62767-0001

217/782-1786

G) Related rulemakings and other pertinent information: Part 754 will need to be rewritten to insure it is consistent with the revisions herein.

b) Part(s) (Heading and Code Citation):

1) Rulemaking: Rule and Rate Filings (50 Ill. Adm. Code 754)

A) Description: The Division needs to address the requirements for submitting rate and rule filings to increase uniformity and efficiency. In addition, with the technological advancements and changes in how




documents are processed and reproduced, the current rule provisions need to be clarified and refined.

B) Statutory Authority: Implementing Section 5/143(2) and authorized by

Section 5/401 of the Insurance Code [215 ILCS 5/143(2) and 5/401].





John Gatlin Illinois Department of Insurance 320 West Washington Springfield, Illinois 62767-0001

217/782-1786

G) Related rulemakings and other pertinent information: Part 753 will need to be rewritten to insure it is consistent with the revisions herein. (50 Ill. Adm. Code 753)

c) Part(s) (Heading and Code Citation):

1) Rulemaking: Actuarial Opinion and Memorandum (50 Ill. Adm. Code 1408)

A) Description: The proposed changes to Part 1408 provides guidance on what documentation should be included in the RAAIS, including the impact of changes from the use of the X Factor. An X Factor is an experience factor that allows companies to reflect the actual anticipated mortality experience in developing the anticipated valuation premiums while still maintaining regulatory conservatism. Currently, X Factors are restricted to be no less than 20% and non-decreasing.

B) Statutory Authority: Implementing and authorized by Sections 5/223 and

5/401. [215 ILCS 5/223 and 5/401].






E) Affect on small businesses, small municipalities or not for profit

corporations: This proposal will not affect small businesses, small municipalities or not for profit organizations.


Susan Christy, Life Actuarial Assistant Department of Insurance 320 West Washington, 3rd Floor Springfield, Illinois 62767-0001 217/782-1759

G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code 1409.

d) Part(s) (Heading and Code Citation):

1) Rulemaking: Valuation of Life Insurance Policies Including the Use of Select Mortality Factors (50 Ill. Adm. Code 1409)

A) Description: The proposed changes to Part 1409 would eliminate X

Factor restrictions and add requirements for additional documentation in the Regulatory Asset Adequacy Issues Summary (RAAIS). An X Factor is an experience factor that allows companies to reflect the actual anticipated mortality experience in developing the anticipated valuation premiums while still maintaining regulatory conservatism. Currently, X Factors are restricted to be no less than 20% and non-decreasing.


5/401. [215 ILCS 5/223 and 5/401].










G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code 1408

e) Part(s) (Heading and Code Citation):

1) Rulemaking: Modified Guaranteed Annuity (MGA) Contracts (50 Ill. Adm. Code 1410).

A) Description: These amendments involve the nonforfeiture language. The

conflicting interpretations of this language by industry have led to varying incorrect actions. Therefore, it is clear that the language must be clarified in order to meet the underlying intent.

B) Statutory Authority: Implementing Article XIV and authorized by Section

401 of the Illinois Insurance Code [215 ILCS 5/Art. XIV and 401].



E) Affect on small businesses, small municipalities or not for profit corporations: This proposal will not affect small businesses, small municipalities or not for profit organizations.






G) Related rulemakings and other pertinent information: None.

f) Part(s) (Heading and Code Citation):

1) Rulemaking: Recognition of 2001 CSO Preferred Class Structure Mortality Tables for Use in Determining Minimum Reserve Liabilities (50 Ill. Adm. Code 1413)

A) Description: The proposed changes to Part 1413 will allow the 2001 SCO

Preferred Class Structure Table to replace the 2001 CSO Smoker or Nonsmoker Table on policies issued on or after July 1, 1004 and prior to January 1, 2007. The conditions for using the Preferred Table have been expanded to add guidance on the treatment of reserve credits for reinsured policies.


5/401. [215 ILCS 5/223 and 5/401].





Susan Christy, Life Actuarial Assistant Department of Insurance

320 West Washington, 3rd Floor Springfield, Illinois 62767-0001

217/782-1759





g) Part(s) (Heading and Code Citation):

1) Rulemaking: Variable Contracts (50 Ill. Adm. Code 1451)

A) Description: The rulemaking focuses on the definition of variable contacts and the treatment of market value adjusted annuities. Clarification regarding the intent of how these items are to be treated is needed.

B) Statutory Authority: Implementing Article XIV ½ of the Illinois Insurance

Code and authorized by Sections 5/401 and 5/245.24 of the Illinois Insurance Code. [215 ILCS 5/Art. XIV ½ and 5/245.24 and 5/401].






Susan Christy, Life Actuarial Assistant Department of Insurance 320 West Washington, 3rd Floor

Springfield, Illinois 62767-0001 217/782-1759


h) Part(s) (Heading and Code Citation):

1) Rulemaking: Insurance Data Reporting Requirements (50 Ill. Adm. Code 4203)




A) Description: Under the authority of the Director, various types of data are collected by the Department of Insurance. This rulemaking will outline the format for the data collected, as well as specifying the type of data.

B) Statutory Authority: Implementing Art. XLII and authorized by Sections

5/401 and 5/1204 [215 ILCS 5/Art. XLII and 5/401 and 5/1204].





Robert P. Rapp Department of Insurance 320 West Washington, 3rd Floor Springfield, Illinois 62767-0001 217/785-1680

G) Related rulemakings and other pertinent information: None. i) Part(s) (Heading and Code Citation):

1) Rulemaking: Assigned Risk Procedures (50 Ill. Adm. Code new)

A) Description: The Rule will focus on establishing and describing in detail the process for applying to the Workers’ Compensation Assigned Risk Plan. In addition, this Rule will include processes for payment plans as well as termination of a policy.

B) Statutory Authority: Implementing Sections 5/454 and 5/458, authorized

by 5/401 and 5/466 of the Insurance Code. [215 ILCS 5/454, 5/458, 5/401 and 5/466].









John Gatlin Department of Insurance 320 West Washington, 3rd Floor Springfield, Illinois 62767-0001 217/782-1786


j) Part(s) (Heading and Code Citation):

1) Rulemaking: Application of the Standard Nonforfeiture Law for Life Insurance to Certain Policies having Intermediate Benefits. (50 Ill. Adm. Code new)

A) Description: The intent of the Standard Nonforfeiture Law is to ensure that

life insurance policies provide reasonable nonforfeiture benefits in the event the consumer decides to terminate the policy. A new category of life insurance has emerged, which offers an endowment benefit or a return of premium benefit prior to the coverage expiry date of the policy. The rule will insure that the application of the nonforfeiture law will result in reasonable nonforfeiture benefits.

B) Statutory Authority: Implementing and authorized by Sections 5/229.2 and

5/401. [215 ILCS 5/229.2 and 5/401].






a) Part(s) (Heading and Code Citation): Outfitter Regulations – 17 Ill. Adm. Code 640

1) Rulemaking:

A) Description: Amendments are planned to incorporate permit changes and clarify Outfitter's and Guide's responsibilities.

B) Statutory Authority: Implementing and authorized by Sections 2.9, 2.10,

2.11, 2.24, 2.25, 2.26 and 3.1-3 of the Wildlife Code [520 ILCS 5/2.9, 2.10, 2.11, 2.24, 2.25, 2.26 and 3.1-3]




corporations: Will affect persons who apply for/are issued permits by the Department to provide Outfitting/Guide services


Bill Richardson, General Counsel One Natural Resources Way Springfield IL 62702-1271 217/782-1809


b) Part(s) (Heading and Code Citation): The Taking of Wild Turkeys – Spring Season – 17

Ill. Adm. Code 710

1) Rulemaking:

A) Description: This Part will be amended to update language for the 2010 hunting season, including updating hunting season dates, hunting regulations, sites open for hunting and site specific information.




B) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.20, 2.9, 2.10 and 2.11 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.20, 2.9, 2.10 and 2.11]

C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: October 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: None F) Agency contact person for information:



c) Part(s) (Heading and Code Citation): Disabled Hunting Method Authorizations – 17 Ill.

Adm. Code 760

1) Rulemaking:

A) Description: The Department plans to amend this Part to update application procedures, requirements and renewal procedures.

B) Statutory Authority: Implementing and authorized by Sections 2.25, 2.26

and 2.33 of the Wildlife Code [520 ILCS 5/2.25, 2.26 and 2.33]










d) Part(s) (Heading and Code Citation): Sport Fishing Regulations for the Waters of Illinois

– 17 Ill. Adm. Code 810

1) Rulemaking:

A) Description: This Part is amended on an annual basis to update site-specific fishing regulations, individual site specific fishing regulations by water area and Free Fishing Days.

B) Statutory Authority: Implementing and authorized by Sections 1-120, 1-

125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5]

C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: November 2009 E) Effect on small businesses, small municipalities or not for profit







e) Part(s) (Heading and Code Citation): Commercial Fishing and Musseling in Certain

Waters of the State – 17 Ill. Adm. Code 830

1) Rulemaking: A) Description: The Department plans to amend this rulemaking to

incorporate regulations to be consistent with our reciprocal fishing agreements between the states of Missouri, Iowa, Wisconsin, Kentucky and Indiana.

B) Statutory Authority: Implementing and authorized by Sections 1-60, 1-65,

1-120, 10-120, 15-35, 15-40, 20-35, and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-60, 1-65, 1-120, 10-120, 15-35, 15-40, 20-35, and 25-5]

C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: August 2009 E) Effect on small businesses, small municipalities or not for profit




f) Part(s) (Heading and Code Citation): Incidental Taking of Endangered or Threatened

Species – 17 Ill. Adm. Code 1080

1) Rulemaking: A) Description: The Department plans to propose amendments to incorporate

new regulations regarding submission of conservation plans to the




Department pertaining to incidental taking of endangered or threatened species.


Illinois Endangered Species Protection Act [520 ILCS 10/5.5] C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: September 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: Incidental taking of endangered and threatened species shall be authorized by the Department of Natural Resources (Department) only if the applicant submits to the Department a conservation plan that satisfies all criteria established in this Part.


Stanley Yonkauski, Legal Counsel One Natural Resources Way Springfield IL 62702-1271 217/782-1809


g) Part(s) (Heading and Code Citation): Forestry Development Cost-Share Program – 17

Ill. Adm. Code 1536

1) Rulemaking: A) Description: The Department plans to file amendments to this Part to

update regulations, add documentation requirements and provide for additional cost-sharing opportunities to address control of invasive and exotic species, forestry best management practices and increased costs of existing practices.

B) Statutory Authority: Implementing and authorized by the Illinois Forestry

Development Act [525 ILCS 15]




C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: September 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: This program assists forest landowners by reimbursing the costs incurred when they enroll in the Forestry Development Act Program.




1537 – Forest Management Plan h) Part(s) (Heading and Code Citation): Forest Management Plan – 17 Ill. Adm. Code 1537

1) Rulemaking:

A) Description: The Department plans to amend this Part to update requirements, incorporate documentation requirements, add provisions for additional emphasis to be placed on soils, wetlands, threatened and endangered species and to add criteria for plan review and decertification.

B) Statutory Authority: Implementing and authorized by the Illinois Forestry

Development Act [525 ILCS 15] C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: September 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: Landowners or their representatives may develop a plan for review and approval by the Department.






G) Related rulemakings and other pertinent information: Forestry

Development Cost-Share Program – 17 Ill. Adm. Code 1536 i) Part(s) (Heading and Code Citation): Revocation Procedures for Conservation Offenses

– 17 Ill. Adm. Code 2530

1) Rulemaking: A) Description: The Department plans to amend this Part to update the types

of offenses which accumulate points and to add the statutory citations for those offenses

B) Statutory Authority: Implementing and authorized by Sections 1-125 and

20-105 of the Fish and Aquatic Life Code of 1971 [515 ILCS 5/1-125 and 20-105], Sections 1.4 and 3.36 of the Wildlife Code [520 ILCS 5/1.4 and 3.36], Sections 4 and 5 of the Illinois Endangered Species Protection Act [520 ILCS 10/4 and 5], Section 3B-8 of the Boat Registration and Safety Act [625 ILCS 45/3B-8], Sections 10 and 13 of the Timber Buyers Licensing Act [225 ILCS 735/10 and 13], Section 6 of the Ginseng Harvesting Act [525 ILCS 20/6] and the Illinois Administrative Procedure Act [5 ILCS 100] and authorized by Sections 5-625 and 805-545 of the Civil Administrative Code of Illinois [20 ILCS 5/5-625 and 805/805-545]

C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: September 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: Any person who, within an 18 month period, accumulates 13 or more points in a single group shall have all commercial/business licenses, permits and stamps relevant to that group revoked.







j) Part(s) (Heading and Code Citation): Allocation of Water From Lake Michigan - 17 Ill.

Adm. Code 3730

1) Rulemaking: A) Description: Amendments to this Part are planned to update conservation

measures. B) Statutory Authority: Implementing and authorized by the Level of Lake

Michigan Act [615 ILCS 50] C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: October 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: any regional organization, municipality, political subdivision, agency, instrumentality, organization, association, or individual that has an allocation permit for water from the Lake Michigan diversion is affected by this rulemaking.


Bob Mool, Legal Counsel One Natural Resources Way Springfield, IL 62702-1271 217/782-1809





k) Part(s) (Heading and Code Citation): The Illinois Oil and Gas Act - 62 Ill. Adm. Code 240

1) Rulemaking:

A) Description: These amendments are being proposed to increase the

amount for civil penalties for non-compliance with the rules, clarify who is required to be notified of administrative hearings by the Division of Oil and Gas, require the GPS locations for new wells, and clarify existing language in the rules.

B) Statutory Authority: Implementing and authorized by Sections 6 and 8a of

"The Illinois Oil and Gas Act" [225 ILCS 725/6 and 8a] C) Scheduled meeting/hearing dates: None D) Date agency anticipates First Notice: October 2009 E) Effect on small businesses, small municipalities or not for profit

corporations: This rulemaking regulates oil and gas operators. F) Agency contact person for information:

Bob Mool, Legal Counsel One Natural Resources Way Springfield, IL 62702-1271 217/782-1809



POLLUTION CONTROL BOARD


a) Parts (Headings and Code Citations): General Rules (35 Ill. Adm. Code 101) Regulatory and Informational Hearings and Proceedings (35 Ill. Adm. Code 102) Enforcement (35 Ill. Adm. Code 103) Regulatory Relief Mechanisms (35 Ill. Adm. Code 104) Appeals of Final Decisions of State Agencies (35 Ill. Adm. Code 105) Proceedings Pursuant to Specific Rules or Statutory Provisions (35 Ill. Adm. Code 106) Petition to Review Pollution Control Facility Siting Decisions (35 Ill. Adm. Code 107) Administrative Citations (35 Ill. Adm. Code 108) Tax Certifications (35 Ill. Adm. Code 125) Identification and Protection of Trade Secrets and Other Non-disclosable Information (35 Ill. Adm. Code 130)

1) Rulemaking: Docket Number R04-8

A) Description: The Board is preparing a rulemaking to amend its procedural

rules to allow for electronic filings in all Board proceedings through the Board's "Clerk's Office On-Line" (COOL). The rules will address electronic filings and payment of filing fees.

B) Statutory authority: Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31,

32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].

C) Scheduled meeting/hearing dates: None scheduled at this time. Section

28 of the Act [415 ILCS 5/28] does not require public hearings concerning procedural rules. The Board therefore does not currently plan to schedule hearings in this rulemaking. The Board would conduct hearings, however, if the level of public interest indicates that they are desirable.

D) Date agency anticipates First Notice: The Board anticipates that it may

propose amendments for first notice publication in the Illinois Register in the Spring or Summer of 2009.


corporation: There may be an effect on any small business, small municipality, or not-for-profit corporation that appears before the Board in any type of proceeding. Proceedings before the Board include




enforcement complaint actions, administrative citation actions, rulemaking proceedings, variance proceedings, adjusted standard proceedings, site-specific rulemaking proceedings, permit appeals, property tax certifications, underground storage tank appeals, pollution control facility siting appeals, and any other actions provided by law.


Address written comments concerning the substance of the rulemaking as follows:

John Therriault, Acting Clerk Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601

Address questions concerning this regulatory agenda as follows:

Richard McGill Pollution Control Board

100 W. Randolph, Suite 11-500 Chicago, Illinois 60601 312-814-6983 [email protected]

G) Related rulemakings and other pertinent information: No other presently

anticipated proceedings would affect the text of Parts 101 through 130. b) Parts (Headings and Code Citations): Permits and General Provisions (35 Ill. Adm. Code 201) Definitions and General Provisions (35 Ill. Adm. Code 211) Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)

Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm. Code 218) Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill. Adm. Code 219)




1) Rulemaking: No docket presently reserved.

A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking proposal to file with the Board setting forth regulations that will incorporate the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) for certain area sources, including but not limited to gasoline dispensing facilities.

B) Statutory authority: Implemented by Section 10 of the Environmental

Protection Act [415 ILCS 5/10] and authorized by the Section 27 of the Environmental Protection Act [415 ILCS 5/27].

C) Scheduled meeting/hearing dates: The Agency has stated that it

anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Section 27 of the Act [415 ILCS 5/27].

D) Date agency anticipates First Notice: An Agency submittal of a proposal

to the Board would commence this proceeding, and the Agency has stated that it expects to file a proposal in the Spring or Summer of 2009. After the filing of a proposal by the Agency, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register.


corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that would fall under the classification of a gasoline dispensing facility.


Address comments concerning the substance of the rulemaking to:





Address questions concerning this regulatory agenda to: Carol Webb Pollution Control Board 1021 North Grand Ave. East P.O. Box 19274 Springfield, Illinois 62794 217-524-8509 [email protected]

G) Related rulemakings and other pertinent information: For information

regarding the Agency's development of this proposal, please contact the following Agency attorney:

Kent Mohr Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794 c) Parts (Headings and Code Citations): Permits and General Provisions (35 Ill. Adm. Code

201) Definitions (35 Ill. Adm. Code 211)


A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking streamlining the Board's regulations that affect the permitting of synthetic minor sources and non-major sources. The proposal would address extending the duration of federally enforceable state operating permits (FESOPs) from 5 to 10 years and to also establish a permit-by-rule in order to provide a simple, streamlined means to ensure that small sources are excluded from the Clean Air Act Permit Program (CAAPP).

B) Statutory authority: Implementing Sections 9 and 10 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/9, 10 and 27].




C) Scheduled meeting/hearing dates: The Agency has stated that it anticipates filing a rulemaking proposal with the Board in the Fall of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Section 27 of the Act [415 ILCS 5/27].


to the Board would commence this proceeding, and the Agency has stated that it expects to file a proposal in the Fall of 2009. After the filing of a proposal by the Agency, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register.


corporation: This rule change may affect any small business, small municipality, or not-for-profit corporation subject to the Board's permit rules.


Address comments concerning the substance of the rulemaking:

John Therriault, Acting Clerk Pollution Control Board

100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601

Address questions concerning this regulatory agenda,:

Carol Webb 1021 North Grand Avenue East

P.O. Box 19274 Springfield, Illinois 62794-9274

217-524-8509 [email protected]

G) Related rulemakings and other pertinent information: For information regarding the Agency's development of this proposal, please contact the following Agency attorney:




Rachel L. Doctors Illinois Environmental Protection Agency

Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276

d) Parts (Headings and Code Citations): Major Stationary Sources Construction and

Modification (35 Ill. Adm. Code 203)


A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking to add relevant applicability provisions to explicitly address PM2.5 and related precursor compounds.

B) Statutory authority: Implementing Sections 9.1 and 10 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/9.1, 10 and 27].


anticipates filing a rulemaking proposal with the Board in the Fall of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Section 27 of the Act [415 ILCS 5/27].


to the Board would commence this proceeding, and the Agency has stated that it expects to file a proposal in the Fall of 2009. After the filing of a proposal by the Agency, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register.


corporation: This rule change may affect any small business, small municipality, or not-for-profit corporation subject to provisions set forth in 35 Ill. Adm. Code Part 203.





Address comments concerning the substance of the rulemaking: John Therriault, Acting Clerk Pollution Control Board


Address questions concerning this regulatory agenda:





Kent Mohr Illinois Environmental Protection Agency


e) Part (Heading and Code Citation): Definitions and General Provisions (35 Ill. Adm.

Code 211)


A) Description: Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)] mandates that the Board update the Illinois definition of volatile organic material (VOM) to reflect the additions made by the United States Environmental Protection Agency (USEPA) to the list of compounds exempt from regulation as ozone precursors. Those compounds are determined by USEPA to be exempt from regulation under the state implementation plan (SIP) for ozone in the federal




"Recommended Policy on the Control of Volatile Organic Compounds" (Recommended Policy) due to their negligible photochemical reactivity. On February 3, 1992 (57 Fed. Reg. 3945), USEPA codified its definition of VOM at 40 CFR 51.100(s), which now embodies the former Recommended Policy. This codified definition now includes all the compounds and classes of compounds previously exempted in the former Recommended Policy. The Illinois definition of VOM is presently codified at 35 Ill. Adm. Code 211.7150.

The Board has reserved docket number R10-7 to accommodate any federal amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may make in the period January 1, 2009 through June 30, 2009. At this time, the Board is aware of one set of amendments to the federal definition of VOM that occurred during this update period. That action is described as follows:

January 21, 2009 (74 Fed. Reg. 3437)

USEPA adopted two new exemptions from the definition of VOM:

Propylene carbonate(PC) (IUPAC name 4-methyl-1,3-dioxolan-2-one; also called cyclic propylene carbonate, carbonic acid propylene ester, cyclic 1,2-propylene carbonate, propylene glycol cyclic carbonate, 1,2-propanediol carbonate, and 4-methyl-2-oxo-1,3-dioxolane; CAS no. 108-32-7); and

Dimethyl carbonate (DMC) (IUPAC name; also called methyl carbonate, and carbonic acid dimethyl ester; CAS no. 616-38-6.

PC is used as a high-permitivity component in lithium batteries (not lithium-ion batteries); as a solvent in adhesives, paint strippers, synthetic fibers and polymers, and cosmetics; and as a plasticizer.

DMC is used as a solvent in paints and coatings, as a chemical reagent for methylation and carbonylation reactions, and as a fuel additive.




The Board will verify the existence of any other federal actions that may affect the text of the federal primary drinking water standards, and the Board action required in response to each by about mid-August 2009. The Board will then either propose corresponding amendments to the Illinois definition of VOM using the identical-in-substance procedure or dismiss docket R10-7, as necessary and appropriate.

Section 9.1(e) mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. In docket R10-7, the earliest federal amendments in the applicable period appear to have occurred on January 21, 2009. Based on that date, the due date for Board adoption of amendments in docket R10-7 would be January 21, 2010.

B) Statutory authority: Implementing and authorized by Sections 7.2, 9.1(e),

and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 9.1(e) & 27].

C) Scheduled meeting/hearing dates: None scheduled at this time. The Board will vote to propose any amendments at an open meeting in accordance with requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. The Board will then schedule and conduct at least one public hearing, as required by Section 118 of the federal Clean Air Act (42 USC § 7418) for amendment of the Illinois ozone SIP.

D) Date agency anticipates First Notice: The Board cannot project an exact

date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will either dismiss this docket or propose any amendments to the Illinois definition of VOM that are necessary in response to the federal amendments that have occurred. If the due date for Board adoption of amendments in this docket were assumed to be January 21, 2010, for the purposes of illustration, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by late October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois definition is needed, the Board will promptly dismiss this reserved docket.





corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that engages in the emission of a chemical compound that is the subject of a proposed exemption or proposed deletion from the USEPA list of exempted compounds.


Address written comments concerning the substance of the rulemaking, noting docket number R10-7, as follows:

John T. Therriault, Assistant Clerk Pollution Control Board


Address questions concerning this regulatory agenda, noting docket number R10-7, as follows:

Michael J. McCambridge, Attorney Pollution Control Board



G) Related rulemakings and other pertinent information: Two other presently known proceedings could affect the general provisions of Part 211. Both pertain to nitrogen oxides emissions control. The Board adopted a Second Notice opinion and order in docket R07-19 on May 21, 2009. The Board adopted a proposal for First Notice in docket R08-19 on May 7, 2009.

Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)] provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed




Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

f) Parts (Headings and Code Citations): Sulfur Limitations (35 Ill. Adm. Code 214)


A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking proposal to file with the Board setting forth regulations that will regulate the emissions of SO2 from several source categories within the nonattainment areas.








corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporations that owns or operates an affected emission unit.



John Therriault, Acting Clerk




Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601

Address questions concerning this regulatory agenda to:





Gina Roccaforte Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East

P.O. Box 19276 Springfield, IL 62794 g) Parts (Headings and Code Citations): Definitions and General Provisions (35 Ill. Adm.

Code 211) Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm. Code 218) Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill. Adm. Code 219)


A) Description: The Illinois Environmental Protection Agency (Agency) is

currently developing amendments for proposal to the Board. The proposal will set forth state-wide regulations pertaining to volatile organic compounds (VOC) from several categories of products, including but not limited to the following: flexible packaging printing materials, lithographic printing materials, letterpress printing materials, industrial




cleaning solvents, and flat wood paneling coatings. The proposal will establish VOC content limits for the various product categories as set forth in USEPA's Control Technique Guidelines.

B) Statutory authority: Implementing Section 10 of the Act [415 ILCS 5/10]

and authorized by Sections 27 of the Act [415 ILCS 5/27].

C) Scheduled meeting/hearing dates: The Agency has stated that it anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Section 27 of the Act [415 ILCS 5/27].


to the Board would commence this proceeding, and the Agency has stated that it expects to file a proposal in the Spring or Summer of 2009. After the filing of a proposal by the Agency, the Board will cause publication of a Notice of Proposed Amendments in the Illinois Register.


corporation: This proposal may affect any small business, small municipality or not-for-profit corporation that produces the various categories of products.







P.O. Box 19274




Springfield, Illinois 62794-9274 217-524-8509 [email protected]


Dana Vetterhoffer Illinois Environmental Protection Agency


h) Parts (Headings and Code Citations): Nitrogen Oxides Emissions (35 Ill. Adm. Code

217)


A) Description: On January 19, 2006, the Board received a rulemaking proposal submitted by the Illinois Environmental Protection Agency (Agency) pursuant to Section 27 and 28 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/27 and 28 (2004)). Included in this proposal are amendments to the regulations governing Nitrogen Oxide (NOx) emissions found at 35 Ill. Adm. Code Part 217, Subparts A, T, U, and W.

The amendments propose to update Part 217 to reflect recent amendments made by the United States Environmental Protection Agency (USEPA) to the Code of Federal Regulations concerning several test methods and procedures, and by the Illinois General Assembly to Section 9.9 of the Act concerning the sale of NOx allowances and the repeal of the stay provisions. The Agency proposes amendments intended to ensure that the NOx budgets for the non-EGUs are not reduced by low-emitters in a way that was not anticipated at the time the rules were originally adopted by the Board. Finally, the Agency proposes clarifications to the dates and timing of allocations designed to simplify the administration of the NOx




Trading Program. The Agency asserts that this proposal does not change the emission limits or require new control devices on affected sources.



C) Scheduled meeting/hearing dates: In its most recent status report filed

with the Board on March 9, 2009, the Agency stated that the U.S. Court of Appeals had remanded the Clean Air Interstate Rule to USEPA without vacating it. See North Carolina v. EPA, 550 F.3d 1176 (C.A.D.C. 2008). The Agency further stated that, in light of that decision and the obligation to achieve interstate NOx reductions for industrial boilers, a new rulemaking integrating non-EGUs into the CAIR rules and to withdraw R06-22 may be proposed at that time.

D) Date agency anticipates First Notice: Because the Agency intends to

withdraw this rulemaking upon filing a new rulemaking in Spring 2009, the Board does not anticipate adopting a first notice opinion and order in this rulemaking.


corporation: This rule change may affect any small business, small municipality, or not-for-profit corporation subject to the Board's nitrogen oxide (NOx) emission rules.


Address comments concerning the substance of the rulemaking, noting docket number R06-22 to:



Address questions concerning this regulatory agenda, noting docket number R06-22 to:




Tim Fox 100 W. Randolph, Suite 11-500

Chicago, Illinois 60601 312-814-6085 [email protected]




i) Parts (Headings and Code Citations): Nitrogen Oxides Emissions (35 Ill. Adm. Code

217)


A) Description: On April 21, 2009, the Board received a rulemaking proposal submitted by the Illinois Environmental Protection Agency (IEPA or Agency) pursuant to Section 27 and 28 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/27 and 28 (2004)). The proposal would add a single new section, 35 Ill. Adm. Code 217.751 to 35 Ill. Adm. Code 217.Subpart W. Beginning with any control period in 2009, the new section would "sunset", or render inapplicable, the provisions of the Nitrogen Oxides Trading Program for electrical generating units (EGUs) found at 35 Ill. Adm. Code 217.Subpart W.

In its statement of reasons, the IEPA correctly states that Illinois adopted both the NOx Trading Program rules at 35 Ill. Adm. Code Part 217 and the Clean Air Interstate Rule (CAIR) at 35 Ill. Adm. Code Part 225 after adoption of similar rules by the United States Environmental Protection Agency (USEPA). USEPA has approved both sets of rules for inclusion in the State Implementation Plan (SIP) for ozone attainment. As do the USEPA rules, the Illinois CAIR provisions as set forth in 35 Ill. Code Part




225.Subpart E include a trading program for control of NOx emissions during the ozone season that replaces the provisions in Part 217.Subpart W for EGUs beginning with the 2009 control period (May 1 through September 30) and thereafter. But, due to a federal court ruling concerning the federal CAIR rules in North Carolina v. USEPA, 531 F.3d 896 (C.A.D.C. Cir. 2008), USEPA must take additional action concerning its rules. To solve the problem of applicability of two sets of rules, in 40 CFR 51.123(bb)(1)(i), USEPA has provided that states such as Illinois with approved CAIR programs may revise their applicable SIP so that the provisions of the NO, SIP Call Trading Program do not apply to affected EGUs.

IEPA's proposal requesting the Board to amend the Illinois rules is the first step to revision of the SIP. IEPA correctly states that EGUs must comply with two sets of duplicative administrative requirements for the 2009 ozone season and beyond: the Illinois CAIR requirements at Part 225 and the Illinois NOx Trading Program at Part 217. To address and remove the duplication, the IEPA proposes to sunset the provisions of the NOx Trading Program, by adding a new Part 217.751 to sunset the rules beginning with the 2009 ozone control season.



C) Scheduled meeting/hearing dates:

The Board will accept testimony at hearings scheduled for:

June 18, 2009 1:00 p.m. James R. Thompson Center, 100 W. Randlolph, Room 11-512, Chicago,: and

July 23, 2009 1:00 p.m. IEPA Office Building, Room 1244N, First Floor, 1021 West North Grand Avenue East, North Entrance, Springfield.

D) Date agency anticipates First Notice: In response to an IEPA motion to

expedite the ruling, the Board authorized first notice publication of the proposal without comment on the substantive merits in its May 7, 2009




opinion and order accepting the proposal for hearing. First notice publication is imminent.


corporation: This rule change may affect any small business, small municipality, or not-for-profit corporation that is the owners or operator of electric generating units subject to the requirements of 35 Ill. Adm. Code 217.Subpart W.


Address comments concerning the substance of the rulemaking, noting docket number R09-20 to:



Address questions concerning this regulatory agenda, noting docket number R09-20 to:

Kathleen M. Crowley 100 W. Randolph, Suite 11-500

Chicago, Illinois 60601 312-814-6929 [email protected]

G) Related rulemakings and other pertinent information: There are no other open rulemaking dockets that would amend 35 Ill. Adm. Code 217.Subpart W.

For information regarding the Agency's development of this proposal, please contact the following Agency attorney:


Division of Legal Counsel 1021 North Grand Avenue East





j) Parts (Headings and Code Citations): Nitrogen Oxides Emissions (35 Ill. Adm. Code

217)


A) Description: The rulemaking would amend Subpart U to provide consistency with recently adopted provisions of 35 Ill. Adm. Code 225.

B) Statutory authority: Implementing Section 9.9 and authorized by Sections

10 and 27 of the Environmental Protection Act [415 ILCS 5/9.9, 10 and 27].


anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].




corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that meets the applicability requirements set forth in 35 Ill. Adm. Code Section 217.454.










P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509

[email protected]


Rachel Doctors Illinois Environmental Protection Agency Division of Legal Counsel

1021 North Grand Avenue East P.O. Box 19276

Springfield, IL 62794 k) Parts (Headings and Code Citations): Definitions and General Provisions (35 Ill. Adm.



A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking proposal to file with the Board dealing with the Board's regulations for organic material emission standards and limitations for the Metro East and Chicago areas. More specifically, the Agency will be setting forth a proposal that amends Gasoline Volatility Standards. The rulemaking will also contain




amendments to provide consistency between Illinois' regulations and the Federal rules.








corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that is currently regulated by 35 Ill. Adm. Code 219.585.







P.O. Box 19274






Kent Mohr Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794 l) Parts (Headings and Code Citations): Mobile Sources (35 Ill. Adm. Code 240)


A) Description: The Illinois Environmental Protection Agency (Agency) is in the process of developing a rulemaking proposal to file with the Board dealing with the Board's regulations for the vehicle inspection and maintenance testing program. The regulations will be revised to reflect changes in relevant law and operational aspects of the underlying vehicle inspection and maintenance testing program.

B) Statutory authority: Implementing and authorized by the Vehicle

Emissions Inspection Law [625 ILCS 5/ch. 13B] and Section 27 of the Environmental Protection Act [415 ILCS 5/27].




to the Board would commence this proceeding, and the Agency has stated




that it expects to file a proposal in the Spring or Summer of 2009. After the filing of a proposal by the Agency, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register.


corporation: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that owns or operates a motor vehicle that is subject to enhanced I/M testing regulations.

F) Agency contact person for information: Address comments concerning

the substance of the rulemaking to: John Therriault, Acting Clerk Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601


Carol Webb 1021 North Grand Avenue East P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509 [email protected]


Kent Mohr Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794 (217) 782-5544 m) Parts (Headings and Code Citations): Air Quality Standards (35 Ill. Adm. Code 243)





A) Description: On December 1, 2008, the Board received a rulemaking proposal from the Illinois Environmental Protection Agency (Agency) pursuant to Sections 27 and 28 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/27, 28 (2006)). The Agency proposes to amend Part 243 to reflect new National Ambient Air Quality Standards (NAAQS) adopted by the United States Environmental Protection Agency (USEPA). Specifically, the Agency proposes to repeal the one-hour ozone standard and replace it with the eight-hour ozone standard. The Agency also proposes to incorporate the new particulate matter (PM2.5) standard.

B) Statutory Authority: Implementing Section 10 of the Act (415 ILCS 5/10

(2006)) and authorized by Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)).

C) Scheduled meeting/hearing dates: The Board has held two hearings in this

rulemaking, as required by Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). The first hearing took place in Edwardsville on February 3, 2009, and the second hearing took place in Chicago on March 10, 2009.

D) Date agency anticipates First Notice: The Board anticipates First Notice

publication of the proposed rules in the Illinois Register in the Spring or Summer of 2009.


corporations: Any small business, small municipality, or not-for-profit corporation that emits the contaminants regulated by Part 243 could be affected by the proposed amendments.

Agency contact person for information:


John Therriault, Assistant Clerk Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, IL 60601




Address questions concerning this regulatory agenda to: Carol Webb 1021 North Grand Avenue East P.O. Box 19274 Springfield, IL 62794-9274 217-524-8509 [email protected]


Charles Matoesian Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 n) Part (Heading and Code Citation): Water Use Designations and Site Specific Water Quality Standards (35 Ill. Adm. Code 303)


A) Description: On November 1, 2007, the Board accepted a proposal for hearing in Water Quality Standards and Effluent Limitations for the Chicago Area Waterway System and the Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304 (R08-9). The proposal filed by the Illinois Environmental Protection Agency (Agency) on October 26, 2007, seeks to amend the Board's water quality standards for the "Chicago Area Water Way System" (CAWS) and the Lower Des Plaines River. On November 15, 2007, after the response time to the motion had run out, the Board granted the Agency's request to hold the hearings in this rulemaking in Chicago and Joliet.

In this rulemaking, the Agency proposes amendments to update the designated uses and criteria necessary to protect the uses for the waters




currently designated for Secondary Contact and Indigenous Aquatic Life Uses. These specific designations were for those waters not suited for General Use activities. All waters in Illinois that carry these designations are water bodies that were a part of the engineering effort that reversed the flow of the Chicago River and are known as the CAWS and the Lower Des Plaines River. In 2000 and 2002, the Agency began pilot programs for the Lower Des Plaines River and CAWS to develop use attainability analysis (UAA) for these waters. These proposed rule changes incorporate the findings of the pilot programs.

B) Statutory authority: Implementing and authorized by Sections 11, 13, and

27 of the Environmental Protection Act [415 ILCS 5/11, 13 & 27].

C) Scheduled meeting /hearing date: The Board has scheduled and held multiple days of hearings in this rulemaking as required by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. Hearings have been held during calendar years 2008 and 2009 in Chicago, Joliet, and Des Plains. The Board has held over 28 days of hearing, and additional hearings will be scheduled in 2009.

D) Date agency anticipates First Notice: The Board will consider this

rulemaking for first notice publication in the Illinois Register in the Winter of 2009-2010.

E) Effect on small businesses, small municipalities or not-for-profit

corporations: This rule may affect any small business, small municipality, or not-for-profit corporation that discharges into the lower Des Plaines River.


Address written comments concerning the substance of the rulemaking to:






Marie Tipsord Pollution Control Board 100 W. Randolph, Suite 11-500 Chicago, Illinois 60601 312-814-4925 [email protected]

G) Related rulemaking and other pertinent information:

For information regarding the Agency's development of this proposal, please contact:

Deborah J. Williams Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Ave. East P.O. Box 19276 Springfield, Il. 62794-9276

o) Parts (Headings and Code Citations): Water Use Designations and Site Specific Water

Quality Standards (35 Ill. Adm. Code 303)


A) Description: On May 30, 2007, the City of Joliet (Joliet) filed a proposal for a site-specific rulemaking with the Board. Joliet's proposal seeks site-specific relief from the Board's general use water quality standards for copper and fluoride (35 Ill. Adm. Code 302.208(e) and (g)) and provisions for determining water quality based effluent limitations (35 Ill. Adm. Code 304.105). Joliet states that under its proposal, the general use water quality standards for copper and fluoride and the provisions for determining water quality based effluent limitations would not apply to that portion of Hickory Creek downstream from the Joliet Street Bridge in Joliet to the juncture with the Des Plaines River that receives the discharge from the Joliet East Side waste water treatment plant (WWTP). Instead, Joliet proposes that its East Side WWTP discharge would have to comply with limits of 0.15 milligrams per liter (mg/L) for copper and 3.5 mg/L for fluoride as monthly average values.




Joliet explains that its petition is a follow-up to a March 30, 2007 Consent Order entered in a Will County Circuit Court case between Joliet, the Illinois Environmental Protection Agency, and the Attorney General's Office. According to Joliet, the Consent Order set interim daily maximum limits for copper limit (0.1156 mg/L) and fluoride (3.5 mg/L).

B) Statutory authority: Implementing and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/27]

C) Scheduled meeting/hearing dates: The assigned Board hearing officer is awaiting word from Joliet on Joliet's readiness to proceed with a hearing in this site-specific rulemaking.


propose a site-specific rule for first- notice publication in the Illinois Register in the Spring or Summer of 2009.


corporations: This rule may affect any small business, small municipality, or not-for-profit corporation that discharges downstream of Joliet's discharge into the Des Plaines River, as outlined above.





Kathleen Crowley Pollution Control Board 100 W. Randolph, Suite 11-500 Chicago, Illinois 60601 312-814-6929




[email protected]

G) Related rulemakings and other pertinent information: None p) Parts (Heading and Code Citation): Water Quality Standards (35 Ill. Adm. Code 302)


A) Description: Pursuant to the requirements of the Clean Water Act to conduct triennial reviews of water quality standards, the Illinois Environmental Protection Agency is preparing a rulemaking proposal for filing before the Board [ 33 U.S.C. §1313(c)(1)]. The proposal is expected to update the Public and Food Processing Water Supply and General Use water quality standards in 35 Ill. Adm. Code Part 302 for boron, manganese and fluoride based on the most up to date scientific information available.

B) Statutory Authority: Implementing and authorized by Sections 11, 13, and


C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct hearings as required by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28].

D) Date agency anticipates First Notice: An Agency submittal of the

rulemaking proposal is anticipated by Fall or Winter of 2009. The Board will conduct proceedings pursuant to Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28] upon receipt of the proposal and would cause a Notice of Proposed Amendments to appear in the Illinois Register when it decides to propose amendments for First Notice.


corporations: This rule may affect any small business, small municipality or not-for-profit corporation that discharges boron, manganese or fluoride into waters of the State designated as General Use waters or Public and Food Processing Water Supply waters.








Carol Webb Pollution Control Board 1021 North Grand Avenue East P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509 [email protected]

G) Related Rulemaking and other pertinent information: Interested persons

may contact the Agency about its prospective rulemaking proposal as follows:

Deborah J. Williams Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East Post Office Box 19276 Springfield, Illinois 62794-9276 217-782-5544

q) Parts (Headings and Code Citations): Sewer Discharge Criteria (35 Ill. Adm. Code 307)

Pretreatment Programs (35 Ill. Adm. Code 310)


A) Description: Section 13.3 of the Environmental Protection Act [415 ILCS 5/13.3] mandates that the Board update the Illinois wastewater pretreatment regulations to reflect revisions made to the federal




wastewater pretreatment rules made by the United States Environmental Protection Agency (USEPA).

The Board has reserved docket number R10-6 to accommodate any amendments to the federal wastewater pretreatment rules, 40 CFR 400 through 499, that USEPA may have made in the period January 1, 2009 through June 30, 2009. At this time, the Board is not aware of any amendments to the federal wastewater pretreatment regulations that occurred during this update period.

The Board will verify the existence of any federal actions that may affect the text of the federal wastewater pretreatment regulations and the Board action required in response to each set of federal amendments in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois wastewater pretreatment regulations using the identical-in-substance procedure under docket R10-6, as necessary and appropriate.

Section 13.3 of the Act mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. In docket R10-6, if the earliest federal amendments in the applicable period occurred on January 1, 2009, the due date for Board adoption would be January 1, 2010.

B) Statutory authority: Implementing and authorized by Sections 7.2, 13,

13.3, and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3 & 27].

C) Scheduled meeting/hearing dates: None scheduled at this time. The

Board will vote to propose any amendments at an open meeting in accordance with requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No hearing is required in identical-in-substance proceedings.


date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois wastewater treatment rules that are necessary in response to the federal amendments that have occurred. If the due date for




Board adoption of amendments in this docket is assumed to be January 1, 2010, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by mid-October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois wastewater pretreatment rules is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that pretreatment engages in the discharge of pollutants into the collection system of a publicly-owned treatment works that is the subject of any federal amendments.


concerning the substance of the rulemaking, noting docket number R10-6, as follows:

John T. Therriault, Assistant Clerk Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601


Michael J. McCambridge, Attorney Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601 312-814-6924 [email protected]

G) Related rulemakings and other pertinent information: No other presently-

known proceeding would affect provisions of Parts 307 and 310.

Section 13.3 of the Environmental Protection Act provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) [5




ILCS 100/5-35, 5-40] shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

r) Part (Heading and Code Citation): Standards for Sludge Management (35 Ill. Adm. Code

313)


A) Description: The Illinois Environmental Protection Agency (Agency) is currently preparing a rulemaking proposal for filing before the Board relating to land application of sewage sludge. The rules would establish pollutant limits, pathogen reduction requirements, and vector control measures applicable to sludge applied to land.

B) Statutory authority: Implementing and authorized by Sections 11 and 27

of the Environmental Protection Act [415 ILCS 5/11 & 27]

C) Schedule meeting/hearing date: No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct hearings as required by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28].


to the Board would commence this proceeding, and the Agency has stated that it expects to file a proposal during the Spring or Summer of 2009. After the filing of a proposal by the Agency, the Board will cause a Notice of Proposed Rules to appear in the Illinois Register.


corporations: This rule may affect any small business, small municipality, or not-for-profit corporation that generates or uses sewage sludge.









G) Related rulemakings and other pertinent information: The Agency has

stated that it anticipates proposing amendments to its rules entitled "Design Criteria for Sludge Application on Land," 35 Ill. Adm. Code 391, which involve a related subject matter.

For information regarding the Agency's development of this proposal, please contact the following Agency attorney:

Stefanie Diers Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276

Interested persons may also contact the following Agency representative about its prospective rulemaking proposal:

Alan Keller, P.E. Manager, Northern Municipal Unit Illinois Environmental Protection Agency Division of Water Pollution Control Bureau of Water 1021 North Grand Avenue East




P.O. Box 19276 Springfield, Illinois 62794-9276 217-782-0810

s) Parts (Heading and Code Citation): Agriculture Related Water Pollution (35 Ill. Adm.

Code Subtitle E)


A) Description: The Illinois Environmental Protection Agency (Agency) will prepare a rulemaking proposal for filing before the Board relating to the United States Environmental Protection Agency's Environmental Protection Concentrated Animal Feeding Operation National Pollutant Discharge Elimination System (NPDES) regulations that were adopted on December 22, 2008.

B) Statutory Authority: Implementing and authorized by Sections 11, 13, and



D) Date agency anticipates First Notice: An Agency submittal of the

rulemaking proposal is anticipated by Spring or Summer of 2009. The Board will conduct proceedings pursuant to Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28] upon receipt of the proposal and would cause a Notice of Proposed Amendments to appear in the Illinois Register when it decides to propose amendments for First Notice.


corporations: This rule could affect any agri-business that meets the definition of a Concentrated Animal Feeding Operation and discharges or proposes to discharge to waters of the State.









G) Related Rulemaking and other pertinent information: Interested persons

may contact the Agency about its prospective rulemaking proposal as follows:

Deborah J. Williams Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East Post Office Box 1927 Springfield, Illinois 62794-9276 217-782-5544

t) Part (Heading and Code Citation): Primary Drinking Water Standards (35 Ill. Adm.

Code 611)


A) Description: Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5] mandates that the Board update the Illinois SDWA regulations to reflect the USEPA amendments to the federal Safe Drinking Water Act (SDWA) primary drinking water regulations.




The Board has reserved docket number R10-1 to accommodate any amendments to the SDWA national primary drinking water standards, 40 CFR 141 through 143, that the United States Environmental Protection Agency (USEPA) may make in the period January 1, 2009 through June 30, 2009. At this time, the Board is not aware any federal amendments to the SDWA primary drinking water regulations that occurred during this update period.

The Board will verify the existence of any other federal actions that may affect the text of the federal primary drinking water standards and the Board action required in response to each in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois SDWA primary drinking water regulations using the identical-in-substance procedure or dismiss docket R10-1, as necessary and appropriate.

Section 17.5 mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. In docket R10-1, if the earliest federal amendments in the applicable period occurred on January 1, 2009, the due date for Board adoption would be January 1, 2010.

B) Statutory authority: Implementing and authorized by Sections 17, 17.5,

and 27 of the Environmental Protection Act [415 ILCS 5/17, 17.5 & 27].

C) Scheduled meeting/hearing dates: None scheduled at this time. The Board will vote to propose any amendments at an open meeting in accordance with requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No hearing is required in identical-in-substance proceedings.


date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois SDWA drinking water rules that are necessary in response to the federal amendments that have occurred. If the due date for Board adoption of amendments in this docket were assumed to be July 1, 2010, for the purposes of illustration, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the




Illinois Register by early October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois definition is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation in Illinois that owns or operates a "public water supply," as defined by Section 3.28 of the Act, i.e., it has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or it is assisting a public water supply to demonstrate compliance.



John T. Therriault, Assistant Clerk Pollution Control Board 100 West Randolph Street Suite 11-500 Chicago, Illinois 60601


Michael J. McCambridge, Attorney Pollution Control Board 100 West Randolph Street Suite 11-500 Chicago, Illinois 60601 312-814-6924 [email protected]


known proceeding would affect provisions of Part 611.

Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5] provides that Title VII of the Act and Section 5 of the Administrative




Procedure Act (APA) shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

u) Part (Headings and Code Citations): Laboratory Accreditation Rules (35 Ill. Adm. Code

611)


A) Description: The Illinois Environmental Protection Agency (Agency) is currently developing a proposal for filing with the Board. The proposal will seek to amend the public water supplies rules found in 35 Ill. Adm. Code 611 to cross reference the Agency's own laboratory accreditation rules found at 35 Ill. Adm. Code 186. These prospective amendments to Sections 611.359, 611.611, 611.646, and 611.648 would cross-reference the laboratory accreditation rules at 35 Ill. Adm. Code 186. Currently, the existing text of Part 611 references 35 Ill. Adm. Code 183, which are joint rules of the Agency, the Illinois Department of Public Health, and the Illinois Department of Nuclear Safety. A repeal of Part 183 has been completed.

B) Statutory Authority: Sections 27 and 28 of the Illinois Environmental

Protection Act [415 ILCS 5/27 & 28].


D) Date Agency Anticipates First Notice: An Agency submittal of the

rulemaking proposal is anticipated by Spring or Summer of 2009. The Board will conduct proceedings pursuant to Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28] upon receipt of the proposal and would cause a Notice of Proposed Amendments to appear in the Illinois Register when it decides to propose amendments for First Notice.




E) Effect on small business, small municipalities or not-for-profit corporations: These amendments may affect small business, small municipalities, and not-for-profit corporations that own or operate a "public water supply", as defined by Section 3.28 of the Act, i.e., it has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or it is assisting a public water supply to demonstrate compliance with the federally-derived National Primary Drinking Water Standards of 35 Ill. Adm. Code 611. However, it is anticipated that the proceeding will not likely have a quantifiable affect on these entities because the program for national laboratory certification is voluntary. The burden of compliance with the requirements, such as filing documentation, reporting or completion of the necessary forms, likely will not increase.






Other pertinent information concerning these amendments:

Interested persons may contact the Agency about its prospective rulemaking proposal as follows:

Jim Shaw




Division of Laboratories Illinois Environmental Protection Agency 1021 North Grand Avenue East P. O. Box 19276 Springfield, IL 62794-9276

v) Part (Heading and Code Citation): Groundwater Quality (35 Ill. Adm. Code 620) 1) Rulemaking: Docket Number R08-18

A) Description: On February 19, 2008, the Board received a rulemaking proposal from the Illinois Environmental Protection Agency (Agency) to amend the Board's groundwater quality rules (35 Ill. Adm. Code 620). On March 20, 2008, the Board accepted the Agency's proposal for hearing in Proposed Amendments to Groundwater Quality Standards, 35 Ill. Adm. Code 620, docket R08-18. In its proposal, the Agency notes that it is periodically necessary to amend the groundwater quality standards to account for new scientific data, federal updates, updated technical references, and the discovery of additional groundwater parameters. To that end, the proposed amendments, according to the Agency are intended to ensure that as the science and technical data behind the standards evolve, the groundwater regulations stay current.

The Agency states that in developing the proposal, the Agency evaluated the electronically-reported groundwater data for Illinois Resource Conservation and Recovery Act (RCRA) and solid waste facilities under its purview. A data query was conducted for some 300 groundwater parameters not included in 35 Ill. Adm. Code 620.Subpart C. The Agency explains that it also evaluated confirmed groundwater contaminants at various cleanup sites. The Agency now proposes, for example, updates to make Part 620 consistent with groundwater remediation objectives listed in the Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742) for several chemicals detected in groundwater but not currently included in Part 620. The Agency also proposes a groundwater standard for perchlorate based on the new reference dose published by the United States Environmental Protection Agency (USEPA) and recommended by the National Academy of Science (NAS). Additionally, the Agency is proposing an amendment to the existing groundwater standard of 0.050 milligrams per liter (mg/L) for arsenic based on the




amendment of the federal drinking water standard or maximum contaminant level (MCL) for arsenic to 0.010 mg/L. The Agency further proposes amendments to the provisions on incorporations by reference, including the addition of "Guidance Document for Groundwater Protection Needs Assessments (January 1995)," prepared by the Agency, the Illinois State Water Survey, and the Illinois State Geologic Survey.

B) Statutory authority: Implementing and authorized by Section 8 of the

Illinois Groundwater Protection Act (IGPA) [415 ILCS 55/8] and Section 27 of the Environmental Protection Act [415 ILCS 5/27].

C) Scheduled meeting /hearing date: The Board held two hearings in this

rulemaking as required by Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27, 28]. The first hearing took place in Chicago on June 18, 2008, and the second hearing took place in Springfield on July 16, 2008.


propose amendments for first-notice publication in the Illinois Register in the Summer or Fall of 2009.


corporations: The Agency does not anticipate that the proposed amendments would have a significant impact on any small business, small municipality, or not-for-profit corporation. Sources and facilities that may be impacted would include those that cause, threaten, or allow the contamination of groundwater. According to the Agency, however, the proposed groundwater quality standards do not establish new corrective action or monitoring programs, and new constituent standards would be phased into existing programs, as appropriate, over time. The Agency explains that any economic impact resulting from applying the new standards therefore would be incremental and occur on a site-by-site basis over time. Considering the resource and its end users, the Agency indicates that economic benefits may result from adopting these standards, including reduced health risks, reduced expenses for treating water at wellheads, and reduced expenses for obtaining water supplies.





Address written comments concerning the substance of the rulemaking to: John Therriault, Acting Clerk Pollution Control Board 100 West Randolph Street, Suite 11-500 Chicago, Illinois 60601


Richard McGill Pollution Control Board 100 W. Randolph, Suite 11-500 Chicago, Illinois 60601 312-814-6983 [email protected]

Related rulemaking and other pertinent information:

A related rulemaking is pending in Board docket R09-9, captionedProposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742)

For information regarding the Agency's development of this proposal, please contact:

Richard Cobb Illinois Environmental Protection Agency 1021 North Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276

w) Parts (Headings and Code Citations): RCRA and UIC Permit Programs (35 Ill. Adm.

Code 702) UIC Permit Program (35 Ill. Adm. Code 704) Procedures For Permit Issuance (35 Ill. Adm. Code 705) Hazardous Waste Management System: General (35 Ill. Adm. Code 720) Underground Injection Control Operating Requirements (35 Ill. Adm. Code 730)





A) Description: Section 13(c) of the Environmental Protection Act [415

ILCS 5/13(c)] mandates that the Board update the Illinois underground injection control (UIC) regulations to reflect amendments to the United States Environmental Protection Agency (USEPA) UIC regulations.

The Board has reserved docket number R10-2 to accommodate any amendments to the federal UIC regulations, 40 CFR 144 through 148, during the period January 1, 2009 through June 30, 2009. At this time, the Board is not aware of any federal amendments to the federal UIC rules that occurred during this update period.

The Board will verify the existence of any federal actions that affect the UIC regulations and the Board action required in response to each in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois UIC regulations using the identical-in-substance procedure or dismiss docket R10-2, as necessary and appropriate.

Section 13(c) mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. In docket R10-2, if the earliest federal amendments in the applicable period were assumed to have occurred on the first day of the update period, January 1, 2009, the due date for Board adoption would be January 1, 2010.

B) Statutory authority: Implementing and authorized by Sections 7.2, 13(c)

and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 13(c) & 27].

C) Scheduled meeting/hearing dates: None scheduled at this time. The Board will vote to propose any amendments at an open meeting in accordance with requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No hearing is required in identical-in-substance proceedings.


date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois UIC rules that are necessary in response to the




federal amendments that have occurred. If the due date for Board adoption of amendments in this docket were assumed to be January 1, 2010, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by mid-October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois definition is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation in Illinois to the extent the affected entity engages in the underground injection of waste.






G) Related rulemakings and other pertinent information: The reserved RCRA

Subtitle C update docket R10-4, and other, as yet unknown, unrelated Board proceedings may affect the text of Parts 702, 705, and 720. No other presently known proceeding would affect Part 730.




Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)] provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

x) Parts (Headings and Code Citations): RCRA AND UIC Permit Programs (35 Ill. Adm.

Code 702) RCRA Permit Program (35 Ill. Adm. Code 703) Procedures for Permit Issuance (35 Ill. Adm. Code 705) Hazardous Waste Management System: General (35 Ill. Adm. Code 720) Identification and Listing of Hazardous Waste (35 Ill. Adm. Code 721) Standards Applicable to Generators of Hazardous Waste (35 Ill. Adm. Code 722) Standards Applicable to Transporters of Hazardous Waste (35 Ill. Adm. Code 723) Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (35 Ill. Adm. Code 724) Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (35 Ill. Adm. Code 725) Standards for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities (35 Ill. Adm. Code 726) Land Disposal Restrictions (35 Ill. Adm. Code 728) Standards for Universal Waste Management (35 Ill. Adm. Code 733) Hazardous Waste Injection Restrictions (35 Ill. Adm. Code 738) Standards for the Management of Used Oil (35 Ill. Adm. Code 739)


A) Description: Section 22.4(a) of the Environmental Protection Act [415

ILCS 5/22.4(a)] mandates that the Board update the Illinois rules implementing Subtitle C of the federal Resource Conservation and Recovery Act (RCRA) to reflect the United States Environmental Protection Agency (USEPA) amendments to the federal RCRA Subtitle C regulations.




The Board has reserved docket number R10-4 to accommodate any amendments to the federal RCRA Subtitle C program, 40 CFR 260 through 270, 273, and 279, that USEPA made in the period January 1, 2009 through June 30, 2009. At this time, the Board is not aware of any amendments to the federal RCRA Subtitle C hazardous waste regulations that occurred during this update period. The Board will verify the existence of any other federal actions that affect the RCRA Subtitle C regulations and the Board action required in response to each in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois UIC regulations using the identical-in-substance procedure or dismiss docket R10-4, as necessary and appropriate. Section 22.4(a) mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. In docket R10-4, if the earliest federal amendments in the applicable period occurred on January 1, 2009, the due date for Board adoption would be January 1, 2010.

B) Statutory authority: Implementing and authorized by Sections 7.2,

22.4(a), and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].




date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois RCRA Subtitle C hazardous waste rules that are necessary in response to the federal amendments that have occurred. If the due date for Board adoption of amendments in this docket is assumed to be January 1, 2009, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by mid-September, 2009. This would be sufficiently in




advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois definition is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that engages in the generation, transportation, treatment, storage, or disposal of hazardous waste.






G) Related rulemakings and other pertinent information: The reserved UIC

update docket R10-3, and other, as yet unknown, unrelated Board proceedings may affect the text of Parts 702, 705, and 720. No other presently-known proceeding would affect Parts 703, 721, 722, 723, 724, 725, 726, 728, 733, 738, and 739.

Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)] provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) shall not apply. Because this rulemaking is not




subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

y) Part (Heading and Code Citation): Underground Storage Tanks (35 Ill. Adm. Code 731)


A) Description: Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)] mandates that the Board update the Illinois underground storage tank (UST) regulations to reflect amendments to the United States Environmental Protection Agency (USEPA) UST regulations. The mandate specifically excludes federal amendments relating to the design, construction, installation, general operation, release detection, release reporting, release investigation, release confirmation, out-of-service systems, and closure or financial responsibilities for USTs. The Board has reserved docket number R10-5 to accommodate any amendments to 40 CFR 281 through 283 that USEPA may make in the period January 1, 2009 through June 30, 2009. At this time, the Board is not aware of any federal amendments that occurred during this update period. The Board will verify the existence of any federal actions and the Board action required in response to each in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois UST regulations using the identical-in-substance procedure or dismiss docket R10-5, as necessary and appropriate. Section 22.4(d) mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. Assuming for the purposes of illustration that USEPA adopted an amendment that will require Board action on the first day of the update period, January 1, 2009, the due date for Board adoption of amendments in docket R10-5 would be January 1, 2010.




B) Statutory authority: Implementing and authorized by Sections 7.2, 22.4(d), and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4(d) & 27].




date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois UST regulations that are necessary in response to the federal amendments that have occurred. If the due date for Board adoption of amendments in this docket were assumed to be January 1, 2010, for the purposes of illustration, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by mid-October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments. Alternatively, if no amendment to the Illinois regulations is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit corporation that owns or operations USTs.










known proceeding would impact the text of Part 731.

Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)] provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

z) Part (Heading and Code Citation): Site Remediation Program (35 Ill. Adm. Code 740) 1) Rulemaking: No docket presently reserved.

A) Description: The Illinois Environmental Protection Agency ("Agency") is currently developing a proposal, for filing with the Board, to amend the Board rules for the Site Remediation Program ("SRP") (35 Ill. Adm. Code 740). Amendments will be proposed to account for implementation of the new indoor inhalation exposure route (currently proposed in 35 Ill. Adm. Code 742), as well as to make necessary updates to the SRP that have arisen since the rules were last amended in 2004.

B) Statutory authority: These amendments will be proposed pursuant to

Sections 27, 58.5, and 58.11 of the Environmental Protection Act [415 ILCS 5/27, 5/58.5, and 5/58.11].




C) Scheduled meeting /hearing date: None scheduled at this time. Once the proposal is filed, the Board will conduct hearings as required by Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 and 5/28].

D) Date agency anticipates First Notice: The Agency proposal may be filed

with the Board as soon as Fall or Winter of 2009, after which the Board will cause publication of a Notice of Proposed Amendments in the Illinois Register.


corporations: The amendments may affect any small business, small municipality, or not-for-profit corporation that participates in the SRP.





Carol Webb Pollution Control Board 1021 N. Grand Ave. East P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509 [email protected]

G) Related rulemaking and other pertinent information: For information

regarding the Agency's development of this proposal, please contact: Kimberly A. Geving Illinois Environmental Protection Agency 1021 North Grand Ave. East P.O. Box 19276




Springfield, IL 62794-9276 aa) Part (Headings and Code Citation): Tiered Approach to Corrective Action Objectives (35

Ill. Adm. Code 742)


A) Description: On September 3, 2008, the Illinois Environmental Protection Agency (Agency) filed a proposal with the Board to amend the Board rules for Tiered Approach to Corrective Action Objectives (TACO)(35 Ill. Adm. Code 742). On September 16, 2008, the Board accepted the Agency's proposal for hearing in Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742), docket R09-9. According to the Agency, the proposed amendments seek to add the indoor inhalation exposure route to the existing risk-based methodology and update remediation objectives for all of the exposure routes under TACO.

B) Statutory Authority: These amendments were proposed pursuant to

Section 27 of the Environmental Protection Act [415 ILCS 5/27].

C) Scheduled Meeting/Hearing Dates: The Board held two hearings in this rulemaking as required by Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27, 28]. The first hearing took place in Springfield on January 27, 2009, and the second hearing took place in Chicago on March 17, 2009.

D) Date Agency Anticipates First Notice: The Board anticipates that it may

propose amendments for first-notice publication in the Illinois Register in the Summer or Fall of 2009.

E) Effect on Small Business, Small Municipalities, or Not-for-Profit

Corporations: The amendments may affect any small business, small municipality or not-for-profit corporation performing environmental remediation under a program subject to the Board's TACO rules, such as the Site Remediation Program (SRP), the Leaking Underground Storage Tank (LUST) Program, or a Resource Conservation and Recovery Act (RCRA) Part B permit. According to the Agency, the use of TACO has put many sites back into safe, productive use while significantly




decreasing remediation expenses statewide. The Agency contends that its proposed amendments are economically reasonable and that the public policy reasons for adding the indoor inhalation exposure route to the TACO rules far outweigh any extra costs that may be incurred due to the addition of the new exposure route.

F) Agency Contact Person for Information:




Richard McGill Pollution Control Board 1021 North Grand Avenue East P.O. Box 19274 Springfield, Illinois 62794-9274 312-814-6983 [email protected]

G) Related Rulemaking and other pertinent information: A related

rulemaking is pending in Board docket R08-18, captioned Proposed Amendments to Groundwater Quality Standards, 35 Ill. Adm. Code 620.

For information regarding the development of these amendments please contact:

Kimberly A. Geving 1021 N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276

bb) Part (Headings and Code Citation): Solid Waste and Special Waste Hauling (35 Ill.

Adm. Code Part 807 and 811)






planning to propose amendments to Part 807 Subpart F and Part 811 Subpart G relating to Financial Assurance. Among other things, the proposal will include adding "evergreen" renewal language to several financial assurance mechanisms.

B) Statutory Authority: These amendments will be proposed pursuant to

Sections 21.1, 22 and 27 of the Environmental Protection Act [415 ILCS 5/21.1, 22 and 27]

C) Scheduled Meeting/Hearing Dates: No meetings or hearings are

scheduled at this time. Once the proposal is filed, the Board will conduct hearings as required by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28].

D) Date Agency Anticipates First Notice: The Agency anticipates submitting

its proposal in Spring or Summer of 2009, after which the Board will cause publication of a Notice of Proposed Amendments in the Illinois Register.

E) Effect on Small Business, Small Municipalities, or Not-for-Profit

Corporations: The amendments may affect any small business, small municipality or not-for-profit corporation providing or requesting financial assurance for the closure and post closure care of waste disposal sites.

F) Agency Contact Person for Information:








G) Related Rulemaking and other pertinent information: For information

regarding the development of these amendments please contact: Stephanie Flowers Assistant Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276

[email protected] cc) Parts (Headings and Code Citations): Solid Waste (35 Ill. Adm. Code 807)

Solid Waste Disposal: General Provisions (35 Ill. Adm. Code 810) Standards for New Solid Waste Landfills (35 Ill. Adm. Code 811) Information to Be Submitted in a Permit Application (35 Ill. Adm. Code 812) Procedural Requirements for Permitted Landfills (35 Ill. Adm. Code 813) Interim Standards for Existing Landfills and Units (35 Ill. Adm. Code 814) Procedural Requirements for All Landfills Exempt from Permits (35 Ill. Adm. Code 815)


A) Description: Section 22.40(a) of the Environmental Protection Act [415

ILCS 5/22.40(a)] mandates that the Board update the Illinois Resource Conservation and Recovery Act (RCRA) Subtitle D municipal solid waste landfill (MSWLF) regulations to reflect the United States Environmental Protection Agency (USEPA) amendments to the federal RCRA Subtitle D MSWLF rules. The Board has reserved docket number R10-3 to accommodate any amendments to the RCRA Subtitle D regulations, 40 CFR 258, that USEPA may make in the period January 1, 2009 through June 30, 2009.




At this time, the Board is not aware of any federal amendments to the federal MSWLF rules that occurred during this update period. The Board will verify the existence of any additional federal actions that may affect the text of the federal primary drinking water standards and the Board action required in response to each in coming weeks, by about mid-August 2009. The Board will then propose corresponding amendments to the Illinois RCRA Subtitle D MSWLF regulations using the identical-in-substance procedure or dismiss docket R10-3, as necessary and appropriate. Section 22.40(a) mandates that the Board complete amendments within one year of the date on which USEPA adopted the earliest action upon which the amendments are based. Assuming for the purposes of illustration that USEPA adopted an amendment that will require Board action on the first day of the update period, January 1, 2009, the due date for adoption of amendments in docket R10-3 would be January 1, 2010.

B) Statutory authority: Implementing and authorized by Sections 7.2,

22.40(a) and 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.40(a) & 27].




date for publication at this time. The Board expects to verify any federal actions by mid-August 2009, after which time the Board will propose any amendments to the Illinois RCRA Subtitle D MSWLF rules that are necessary in response to the federal amendments that have occurred. If the due date for Board adoption of amendments in this docket were assumed to be January 1, 2009, the Board would vote to propose amendments and cause a Notice of Proposed Amendments to appear in the Illinois Register by mid-October 2009. This would be sufficiently in advance of the due date to allow the Board to accept public comments on the proposal for 45 days before acting to adopt any amendments.




Alternatively, if no amendment to the Illinois definition is needed, the Board will promptly dismiss this reserved docket.


corporations: This rulemaking may affect any small business, small municipality, or not-for-profit that engages in the land disposal of municipal solid waste.






G) Related rulemakings and other pertinent information: No other presently

known proceedings would affect the text of Parts 807, 810, 811, 812, 813, 814, or 815. Section 22.40(a) of the Environmental Protection Act [415 ILCS 5/22.40(a)] provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) shall not apply. Because this rulemaking is not subject to Section 5 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules. Rather, the Board will cause a Notice of Proposed




Amendments to appear in the Illinois Register, and it will accept public comments on the proposal for 45 days after the date of publication.

dd) Parts (Headings and Code Citations): Proposed Site-Specific Closures of Surface

Impoundments (35 Ill. Adm. Code 840)


A) Description: On May 19, 2009, Ameren Energy Generating Company (Ameren) filed a proposal for site-specific rulemaking. Ameren proposes a new subchapter in the Board's waste disposal regulations to address the closure of surface impoundments. Specifically, Ameren seeks the adoption of regulations through which it can close Ash Pond D at its Hutsonville Power Station (Station) near Hutsonville, Crawford County.

Ameren argues that the Board's water pollution regulations apply during the operation of surface impoundments such as Pond D. Ameren further argues that, when closed, those surface impoundments are not defined as landfills and do not fit within the scope of the Board's waste disposal rules or other regulations. Ameren claims that these circumstances warrant adoption of a site-specific rule. Specifically, Ameren proposes a new subchapter addressing surface impoundments under the existing Subtitle G regulations governing waste disposal.

B) Statutory authority: Implementing and authorized by Sections 27 and 28

of the Environmental Protection Act [415 ILCS 5/27, 28].

C) Scheduled meeting /hearing date: The Board has not yet accepted the petition for hearing. Once the Board does so, it will hold at least one hearing in Crawford County

D) Date agency anticipates First Notice: The Board may propose a site-

specific rule for first notice publication in the Illinois Register in the Fall of 2009.


corporations: This proposal may affect a small business, small municipality or not-for-profit corporation operating and wishing to close a surface impoundment.





Address written comments concerning the substance of the R09-21 rulemaking to:


Address concerning this regulatory agenda to:

Carol Webb 1021 North Grand Avenue East P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509 [email protected]

G) Related rulemaking and other pertinent information: No other presently

anticipated proceedings would affect the text of the proposed Part 840. ee) Part (Headings and Code Citations): Management of Used and Waste Tires (35 Ill. Adm. Code 848) 1) Rulemaking: No docket presently reserved.

A) Description: The Illinois Environmental Protection Agency (Agency) is planning to propose amendments to the Board's regulations that will allow better implementation of the used and waste tire management program. The proposal will include, among others, changes necessary to make the Board's rules consistent with legislative amendments to Title XIV of the Environmental Protection Act [415 ILCS 5/53 et seq.] resulting from Public Act 92-0024.

B) Statutory authority: Sections 27 and 55.2 of the Environmental Protection

Act [415 ILCS 5/27 and 55.2].





D) Date Agency anticipates First Notice: The Agency may submit a proposal

to the Board as soon as the Spring or Summer of 2009, after which the Board will cause publication of a Notice of Proposed Rules in the Illinois Register.


corporations: This rulemaking may affect any small business, small municipality or not-for-profit corporation that manages used or waste tires.





G) Related rulemakings and other pertinent information: For information

regarding the development of these rules please contact: Stephanie Flowers Assistant Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East




P.O. Box 19276 Springfield, IL 62794-9276 217-782-5544 [email protected]

ff) Parts (Headings and Code Citations): Procedures for Permit Issuance (35 Ill. Adm. Code 705)


A) Description: 35 Ill. Adm. Code 705 contains procedural requirements the Illinois Environmental Protection Agency (Agency) must follow for the issuance of RCRA (Resource Conservation and Recovery Act) and UIC (Underground Injection Control) permits. The Agency is considering a proposal that would amend 35 Ill. Adm. Code 705.165 to make it consistent with the requirements in the corresponding provision in the U.S. Environmental Protection Agency's RCRA and UIC rules, 40 C.F.R. 124.10(e) (2008).

B) Statutory authority: These rules will be proposed pursuant to Sections

4(i), 22.4(b), 27 and 28 of the Environmental Protection Act [415 ILCS 5/4(i), 22.4(b), 27, 28].


at this time. Once the proposal is filed, the Board will conduct hearings in accordance with Sections 27 and 28 of the Act [415 ILCS 5/27, 28].

D) Date Agency anticipates First Notice: The Agency may submit a proposal

to the Board as soon as the Spring or Summer of 2009, after which the Board will cause publication of a Notice of Proposed Rules in the Illinois Register.


corporations: Generally, small businesses, small municipalities and not-for-profit corporations will not be affected by the proposal unless they wish to participate in public comment or public hearing proceedings for RCRA or UIC permit applications. If so, they may be required to request the specified documents from the Agency rather than receiving them




unsolicited along with the public notice of a tentative permit denial, comment period or hearing.



Address questions concerning this regulatory agenda to: Carol Webb Pollution Control Board 1021 North Grand Avenue East P.O. Box 19274 Springfield, Illinois 62794-9274 217-524-8509 [email protected]

G) Related rulemakings and other pertinent information: For information regarding the development of these rules please contact:

Mark Wight Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217-782-5544 [email protected]

gg) Parts (Headings and Code Citations): Definitions and General Provisions (35 Ill. Adm.







currently developing amendments for proposal to the Board. The proposal will set forth state-wide regulations pertaining to volatile organic compounds (VOC) from several categories of products, including but not limited to the following: metal furniture coatings, large appliance coatings, and paper, film and foil coatings. The proposal will establish VOC content limits for the various product categories as set forth in USEPA's Control Technique Guidelines.


and authorized by Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].

C) Scheduled meeting/hearing dates: The Agency has stated that it anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].



















hh) Parts (Headings and Code Citations): Definitions and General Provisions (35 Ill. Adm.




currently developing amendments for proposal to the Board. The proposal will set forth state-wide regulations pertaining to volatile organic compounds (VOC) from several categories of products, including but not limited to the following: miscellaneous metal products coatings, plastic parts coatings, auto and light-duty truck assembly coatings, fiberglass boat




manufacturing materials, and miscellaneous industrial adhesives. The proposal will establish VOC content limits for the various product categories as set forth in USEPA's Control Technique Guidelines.


and authorized by Section 27 of the Act [415 ILCS 5/27].

C) Scheduled meeting/hearing dates: The Agency has stated that it anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Sections 27 of the Act [415 ILCS 5/27].











P.O. Box 19274








ii) Parts (Headings and Code Citations): Definitions and General Provisions (35 Ill. Adm.




currently developing amendments for proposal to the Board. The proposal will modify the definitions of "miscellaneous metal parts and products coating" and "coil coating" for Parts 218 and 219 to clarify that lubricating oils are not considered "coatings" for purposes of Subpart F, Coating Operations, but rather protective oils applied to metal for the purpose of providing lubrication, similar to the treatment of such oils under the Federal National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products, 40 CFR Part 63, Subpart MMMM.


and authorized by Section 27 of the Act [415 ILCS 5/27].




C) Scheduled meeting/hearing dates: The Agency has stated that it anticipates filing a rulemaking proposal with the Board in the Spring or Summer of 2009. No meetings or hearings are scheduled at this time. Once the proposal is filed, the Board will conduct public hearings in accordance with the requirements established by Section 27 of the Act [415 ILCS 5/27].




corporation: This proposal may affect any small business, small municipality or not-for-profit corporation that uses lubricating oil that is applied to metal for purposes of lubrication in a metal fabrication process.








217-524-8509 [email protected] G) Related rulemakings and other pertinent information: For information regarding the

Agency's development of this proposal, please contact the following Agency attorney:




Gina Roccaforte Illinois Environmental Protection Agency



ILLINOIS RACING BOARD


a) Part(s) (Heading and Code Citation): Advanced Deposit Account Wagering, 11 Ill. Adm. Code 325

1) Rulemaking:

A) Description: ADW is a method of pari-mutuel wagering in which an

individual may establish an account, deposit money into the account, and use the account balance to pay for wagering authorized under the Act. Rules will be promulgated to implement SB1298 when and if it becomes law. Organization licensees (racetracks) will be permitted to maintain a system whereby advance deposit account wagering (ADW) may take place or to contract with another entity to carry out a system of advance deposit wagering. Statutory amendments include the placing of account deposit wagering terminals at wagering facilities as a convenience to customers.

B) Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975

[230 ILCS 5/9(b)]

C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled at this time.



corporations: None


Mickey Ezzo Illinois Racing Board 100 W. Randolph Street Suite 7-701 Chicago, IL 60601 312/814-5017 FAX: 312/814-5062





b) Part(s) (Heading and Code Citation): Racetrack Improvements, 11 Ill. Adm. Code 452

1) Rulemaking:

A) Description: Amendments will be proposed to satisfy requirements pursuant to Section 54.5 of the Illinois Horse Racing Act of 1975 (Casino Impact Fee), identifying criteria for spending money distributed to the track owners from the Horse Racing Equity Fund.


[230 ILCS 5/9(b)]




corporations: None




c) Part(s) (Heading and Code Citation): Racing Rules, 11 Ill. Adm. Code 1318

1) Rulemaking:

A) Description: Amends Section 1318.90 by adding language restricting the use of the standardbred whip and repeals Section 1318.100.




B) Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)]

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled at this time.






d) Part(s) (Heading and Code Citation): Voluntary Self-Exclusion Program, 11 Ill. Adm.

Code 453

1) Rulemaking:

A) Description: The Board will promulgate rules authorizing problem gamblers to voluntarily request that their names be placed on a list of self-excluded persons to be maintained by the Illinois Racing Board. As a result of the entry of a person's name on such list, that person would be prohibited from wagering on horse races and entering racetracks and off-track wagering facilities licensed by the Illinois Racing Board. The proposed rulemaking establishes procedures for an individual's inclusion on, and removal from, the list of self-excluded persons. Racetracks and off-track wagering facilities are required to remove persons on the self-excluded list mailings or other forms of advertising or promotions.




B) Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)]

C) Scheduled meeting/hearing dates: No hearings or meetings have been

scheduled at this time.






e) Part(s) (Heading and Code Citation): Uniform System of Accounts, 11 Ill. Adm. Code

412

1) Rulemaking:

A) Description: Every section of Part 412 will be amended to provide a streamlined and updated approach to racetracks maintaining their financial records and repeal outdated language.


[230 ILCS 5/9(b)]







corporations: None




f) Part(s) (Heading and Code Citation): Hearings and Enforcement Proceedings, 11 Ill.

Adm. Code 204

1) Rulemaking:

A) Description: Amends Section 204.20, Requests for Hearing, to overhaul and streamline the Board's hearing procedures, providing for a tiered appeal process in which civil penalties of $500 or less are treated at staff level instead of full Board evidentiary hearings.


[230 ILCS 5/9(b)]




corporations: None







g) Part(s) (Heading and Code Citation): Medication, 11 Ill. Adm. Code 603

1) Rulemaking:

A) Description: Amendments will be proposed as necessary to update regulations pertaining to anabolic steroid testing.


[230 ILCS 5/9(b)]




corporations: None





DEPARTMENT OF REVENUE


a) Part(s) (Heading and Code Citation): Lottery (Hearings) 11 Ill. Adm. Code 1700 1) Rulemaking:

A) Description: Amendment to Title 11, Part 1700 in order to bring the Illinois Lottery’s hearing rules more in line with the rules followed for Illinois Department of Revenue administrative hearings, with respect to both terminology and procedure.

B) Authority: 20 ILCS 1605/7.1 and 7.2

C) Scheduled meeting/hearing dates: No schedule has been established at

this time.

D) Date agency anticipates First Notice: We anticipate that modifications to the Lottery’s hearing rules will be published by June 2009.

E) Effect on small business, small municipalities or not for profit

corporations: We expect that these modifications to the hearing rules will have no significant impact on small businesses, municipalities or not for profit organizations that may avail themselves of the Lottery’s administrative hearing process.

F) Agency contact person for information: Lisa Crites Illinois Department of Revenue Illinois Lottery Division 101 W. Jefferson, MC5-950 Springfield, IL 62702 Telephone: 217/524-5253 Fax: 217/558-2168 e-mail: [email protected]

G) Related rulemakings and other pertinent information: There are no related rulemakings.

b) Part(s) (Heading and Code Citation): Lottery (General), 11 Ill. Adm. Code 1770




1) Rulemaking:

A) Description:

1) Amendment to Section 1770.80 to redefine what constitutes a change of ownership for purposes of an Illinois Lottery license.

2) Amendment to Section 1770.90 to allow slightly more time for

retailers to deliver late payments to regional offices before lottery terminal functions are suppressed.

3) Amendment to Section 1770.130 to replace a reference to “The

Big Game” with a reference to the “Mega Millions” game.

B) Statutory Authority: 20 ILCS 1605/7.1 and 7.2

C) Scheduled meeting/hearing dates: No schedule has been established at this time.

D) Date agency anticipates First Notice: We anticipate that any modifications

to the Lottery’s general rules will be published by May 2009.

E) Effect on small business, small municipalities or not for profit corporations: The amendments to Sections 1770.80 and 1770.90 will have a positive effect on small businesses, small municipalities and not-for-profit organizations by allowing slightly more time for payment of delinquent accounts before lottery ticket sales at the location are halted, and by eliminating the need for the assignment of new retailer numbers and payment of additional fees in certain situations that are currently classified as changes of ownership (such as a transfer of a family-owned business from parent to adult child).

F) Agency contact person for information: Lisa Crites Illinois Department of Revenue Illinois Lottery Division 101 W. Jefferson, MC5-950 Springfield, IL 62702




Telephone: 217/524-5253 Fax: 217/558-2168 e-mail: [email protected]


c) Part(s) (Heading and Code Citation): Income Tax, 86 Ill. Adm. Code 100 1) Rulemaking:

A) Description: New rules will be added to Part 100 concerning the tax credit for Tech Prep Youth Vocational Programs (IITA Section 209); the reallocation of items under IITA Section 404; pass-through of investment credits from partnerships and Subchapter S corporations to their partners and shareholders; filing of refund claims and other collection matters, statutes of limitations, and interest computations.

Part 100 will be amended by adding rules and amending existing rules governing the computation of base income under Article 2 of the IITA and the allocation and apportionment of base income under Article 3 of the IITA.

Part 100 will be amended to update the provisions defining unitary business groups and computing the combined tax liability of unitary business groups.

Part 100 will be amended by adding rules providing guidance on the addition and subtraction modifications allowed in IITA Section 203, on the credit for residential property taxes paid in IITA Section 208, on the acceptance of substitute W-2s, rounding amounts on returns to the nearest dollar and on the issue of when a taxpayer is subject to tax in another state under IITA Section 303(f).

Part 100 will be amended to provide guidance for payment of estimated taxes during short taxable years, during years in which marital status changes, and for computation of penalties for late payment of estimated taxes.




Part 100 will be amended to clarify definitions of terms in IITA Section 1501(a).

Part 100 will be amended to implement legislation enacted in 2004, 2005, 2006, 2007, 2008 and 2009, including credits for hiring veterans and ex-felons, bonus depreciation adjustments, withholding by employers, partnerships, Subchapter S corporations and trusts, changes to apportionment formulas and taxation of real estate investment trusts and their investors.

Part 100 will be amended to provide additional guidance on nexus and on the Illinois income tax consequences of changes in federal income tax laws.

Finally, the Department will continue the updating and correction of Part 100.

Proposed rules that have been submitted to first notice and that should be adopted in the near future include:

Section 100.7300 (amended) – requires electronic filing by employers of withholding tax returns whenever the equivalent federal return must be filed electronically. First notice was published 33 Ill. Reg. 7570 (June 12, 2009).

B) Statutory Authority: 35 ILCS 5/101 and 35 ILCS 5/1401


this time.

D) Date agency anticipates First Notice: As noted above, there will be a number of rulemakings proposed with respect to Part 100 over the next six months. We anticipate filing rulemakings amending Part 100 on a regular basis during the next six months of this year.


corporations: These rulemakings will affect any business that incurs an income tax filing obligation.




F) Agency contact person for information: Paul Caselton Deputy General Counsel, Income Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 524-3951

G) Related rulemakings and other pertinent information: None. d) Part(s) (Heading and Code Citation): Property Tax Code, 86 Ill. Adm. Code 110 1) Rulemaking:

A) Description: Part 110 will be amended concerning 110.140 for Board of Review Procedures and Records. The language in the section, which deals with counties of less than 3,000,000, needs to be updated in order to correspond to the latest Illinois Department of Revenue forms and statutory changes.

Part 110 will be amended to implement the new Disabled Persons’ Homestead Exemption under 35 ILCS 200/15-168.

Part 110 will be amended to adopt new rules to implement changes made to the Senior Citizens Assessment Freeze Homestead Exemption under 35 ILCS 200/15-172. Part 110 will be amended concerning 110.160 for Multi-Township Assessment Districts. Two newly created multi-township assessment districts needed to be added to the list contained within the rules. Part 110 will be amended with respect to 110.162 for Township and Multi-Township Assessor Qualifications. The amendment deals with the approved designation list from the Department of Revenue. Part 110 will be amended by the creation of section 110.116 in the property tax regulations in order to clarify the requirements for charitable property tax exemptions for low income housing projects.




B) Statutory Authority: Implementing the Property Tax Code [35 ILCS 200]

and authorized by Section 2505-625 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505-625]; 35 ILCS 200/15-168; 35 ILCS 200/15-65; and 35 ILCS 200/15-172

C) Scheduled meeting/hearing dates: No schedule has been established.

D) Date agency anticipates First Notice: We anticipate filing rulemakings

amending Part 110 during the first six months of this year.

E) Effect on small business, small municipalities or not for profit corporations: May impact some not for profit corporations that are seeking preferential property tax assessments. With respect to the creation of Section 110.116, there will be no impact on small business-none. Small municipalities; however, may be impacted in a very limited manner as these projects are primarily located in larger urban areas. Not-for-profit corporations will be assisted by clarifying the rules for obtaining property tax exemptions because some not-for-profit charitable organizations operate low income housing facilities.


Robin W. Gill Associate Counsel, Property Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 524-4886

G) Related rulemakings and other pertinent information: None e) Part(s) (Heading and Code Citation): Rental Housing Support Program, 86 Ill. Adm.


A) Description: New rules will be created under Part 121 to implement the new Rental Housing Support Program.




B) Statutory Authority: 55 ILCS 5/3-5018


this time.

D) Date agency anticipates First Notice: We anticipate filing rulemakings creating Part 121 during the first six months of this year.


corporations: De minimus. Small business and not for profit organizations are subject to the $10 recording fee for real estate related documents. Units of local government are exempt under the statute.

F) Agency contact person for information: Robin W. Gill Associate Counsel, Property Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 524-4886

G) Related rulemakings and other pertinent information: None. f) Part(s) (Heading and Code Citation): Retailers' Occupation Tax, 86 Ill. Adm. Code 130

1) Rulemaking:

A) Description: Amendments will be made to update the Retailers’ Occupation Tax regulations to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings. Some of the highlights of these changes include:

1. Amendment of Section 130.415 (transportation and delivery

charges) to add examples and to clarify the requirement of a separate agreement between seller and purchaser, particularly in




the case of Internet, mail order, telephone and television orders, and what tax rate applies to taxable handling charges for an order that contains both high tax rate and low tax rate items.

2. Amendment of Section 130.310 governing taxation of food, drugs

and medical appliances to clarify the manner in which the tax rate on food is determined and to clarify the manner in which the exemption for drugs and medical appliances is administered.

3. Amendment of Section 130.2005 regarding nonprofit service

enterprises to clarify how tax-exempt organizations handle fundraising events, including occasional dinners and bake sales and similar events.

4. Amendment of Section 130.2013 regarding the lessor’s credit to

describe the requirements necessary for claiming the credit on sales to customers who are purchasing items that they had previously leased from those lessors.

5. Amendment of Section 130.455 regarding motor vehicle trade-ins

to clarify issues regarding trade-ins including how advance trade-ins apply in auction situations.

6. The Department anticipates creating a new section regarding the

exemption for building materials incorporated into qualifying Rivers Edge Redevelopment Zones created by P.A. 94-1021.

7. Amendment of 130.2080 to update the regulation governing sales

to governmental bodies, foreign diplomats and consular personnel.

8. Amendment of Section 130 ILLUSTRATION A – to update examples of tax exemption cards.

9. Amendment of Section 130.2050 – Sales and Gifts By Employers

to Employees – to update the presumptive Use Tax base on meals provided to employees.


exemption created by Public Act 95-0672 for tangible personal




property sold to public-facilities corporations for purposes of constructing or furnishing a municipal convention hall.


exemption created by Public Act 95-0538 for tangible personal property used in the construction or maintenance of a community water supply that is operated by certain not-for-profit corporations.

12. Amendment of Section 130.2007 to explain the proper use by an

exempt organization of its exemption identification number issued by the Department and consequences of an organization’s failure to use ordinary care to ensure that the exemption identification number is properly utilized. Consequences include revocation of the exemption identification number.

13. Amendment of Section 130.502 to clarify the requirements for

quarterly filing.

14. Amendment of Section 130.510 to clarify the requirements for annual filing.


C) Scheduled meetings/hearing dates: No schedule has been established at this time.

D) Date agency anticipates First Notice: As noted above, there will be a

number of rulemakings proposed with respect to Part 130 over the next six months. We anticipate filing rulemakings amending Part 130 on a regular basis during the next six months of this year.


corporations: Small businesses that sell tangible personal property at retail will be affected by these regulations. Restaurants, grocers and other establishments selling food products will be affected by changes to Section 130.310, as will persons selling drugs and medical appliances. Businesses selling aircraft, and property used in the construction or maintenance of a community water supply or certain municipal convention halls, will be affected by the changes proposed to Section




130.120. Hotels will be affected by the changes proposed to Section 130.2145. Tax exempt organizations will be affected by the changes proposed to Section 130.2005 and 130.2007.

F) Agency contact person for information: Jerilynn Gorden Deputy General Counsel, Sales & Excise Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 782-2844

G) Related rulemakings and other pertinent information: None. g) Part(s) (Heading and Code Citation): Service Occupation Tax, 86 Ill. Adm. Code 140 1) Rulemaking:

A) Description: Amendments will be made as part of a general update to clarify application of the Service Occupation Tax and to reflect recent decisional law, statutory changes and Department policy. Some of the highlights of these changes are revisions to Section 140.108 to add an example of a company that provides water service as a de minimis serviceman; and the addition of language to reinforce that de minimis servicemen cannot provide certificates of resale if those de minimis servicemen are registered with the Department only for the limited purpose of self-assessing and remitting their own use tax liability.



D) Date agency anticipates First Notice: As noted above, there will be a

number of rulemakings proposed with respect to Part 140 over the next six months. We anticipate filing rulemakings amending Part 140 on a regular basis during the next six months of this year.




E) Effect on small business, small municipalities or not-for-profit corporations: Servicemen transferring tangible personal property incident to service will be affected by these rules.

F) Agency contact person for information: Jerilynn Gorden Deputy General Counsel, Sales and Excise Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 782-2844

G) Related rulemakings and other pertinent information: None. h) Part(s) (Heading and Code Citation): Use Tax, 86 Ill. Adm. Code 150 1) Rulemaking:

A) Description: Amendments will be made to update the Use Tax regulations to reflect new statutory developments, decisional law and Department policies. For example, amendments to Section 150.201 that set forth the Department’s policies regarding the types of activities and relationships that establish nexus for Use Tax collection (definition of “retailer maintaining a place of business in this State”).


C) Scheduled meetings/hearing dates: No schedule has been established at

this time.

D) Date agency anticipates First Notice: We anticipate filing rulemakings amending Part 150 during the next six months of this year.


corporations: These amendments will affect persons subject to the Use Tax.





Jerilynn Gorden Deputy General Counsel, Sales and Excise Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 782-2844

G) Related rulemakings and other pertinent information: None. i) Part(s) (Heading and Code Citation): Service Use Tax, 86 Ill. Adm. Code 160 1) Rulemaking:

A) Description: Amendments will be made to update the Service Use Tax regulations to reflect new statutory developments, decisional law and Department policies.




amending Part 160 during the next six months of this year.

E) Effect on small business, small municipalities or not for profit corporations: These amendments will affect persons subject to the Service Use Tax, including persons required to collect Service Use Tax from Illinois purchasers.







j) Part(s) (Heading and Code Citation): Home Rule Municipal Retailers’ Occupation Tax,

86 Ill. Adm. Code 270 1) Rulemaking:

A) Description: The Department anticipates amending Section 270.115 – Jurisdictional Questions – to clarify factors used to determine where selling – and as a result, situs of local taxes – occurs. This rulemaking would be used as a prototype to amend similar sections in other Parts governing local taxes administered by the Department.

B) Statutory Authority: 35 ILCS 120/12 (incorporated by reference at 65

ILCS 5/8-11-1)



during the next six months of this year.

E) Effect on small business, small municipalities or not for profit corporations: Businesses that make sales in municipalities imposing taxes collected by the Department will be affected.


G) Related rulemakings and other pertinent information: Similar changes will be made to other Parts governing the Department’s administration of locally imposed taxes.




k) Part(s) (Heading and Code Citation): Regional Transportation Authority Retailers'

Occupation Tax, 86 Ill. Adm. Code 320 1) Rulemaking:

A) Description: Regulations will be updated to reflect the tax increase for the RTA Retailers' Occupation Tax (Public Act 95-708)

B) Statutory Authority: 70 ILCS 3615/4.03(e).


this time.

D) Date agency anticipates First Notice: We anticipate filing rulemakings during the next six months of this year.


corporations: Businesses that sell tangible personal property in the metropolitan area will be minimally affected.


G) Related rulemakings and other pertinent information: Related rulemakings include amendments to Parts 330 and 340 (see subsections (o) and (p)).

l) Part(s) (Heading and Code Citation): Regional Transportation Authority Service





A) Description: Regulations will be updated to reflect the tax increase for the RTA Service Occupation Tax (Public Act 95-708)

B) Statutory Authority: 70 ILCS 3615/4.03(f).


this time.



corporations: Businesses in the metropolitan region that make sales of service involving the transfer of tangible personal property would be minimally affected.


G) Related rulemakings and other pertinent information: Related rulemakings include amendments to Parts 320 and 340 (see subsections (n) and (p)).

m) Part(s) (Heading and Code Citation): Regional Transportation Authority Use Tax, 86 Ill.


A) Description: Regulations will be updated to reflect the tax increase for the RTA Use Tax (Public Act 95-708)

B) Statutory Authority: 70 ILCS 3615/4.03(g).







E) Effect on small business, small municipalities or not for profit corporations: Persons making purchases outside the metropolitan region of items that are titled or registered to an address in the metropolitan region will be minimally affected.


G) Related rulemakings and other pertinent information: Related rulemakings include amendments to Parts 320 and 330 (see subsections (n) and (o)).

n) Part(s) (Heading and Code Citation): Metro East Mass Transit District Retailers'


A) Description: Regulations will be updated to reflect past statutory changes including the provisions of Public Act 94-776 regarding the taxation of titled or registered tangible personal property.

B) Statutory Authority: 70 ILCS 3610/5.01


this time.






corporations: Businesses that sell tangible personal property, especially titled or registered tangible personal property, in a Metro East Mass Transit District would be minimally impacted.


G) Related rulemakings and other pertinent information: Similar changes will be made to Parts 380 and 390 regarding the taxes imposed in Metro East Mass Transit Districts.

o) Part(s) (Heading and Code Citation): Metro East Mass Transit District Service





this time.



corporations: Businesses that make sales of service involving the transfer




of tangible personal property in a Metro East Mass Transit District would be minimally impacted.



p) Part(s) (Heading and Code Citation): Metro East Mass Transit District Use Tax, 86 Ill.





this time.



corporations: Businesses that sell tangible personal property, especially titled or registered tangible personal property, in a Metro East Mass Transit District would be minimally impacted.







q) Part(s) (Heading and Code Citation): Bingo License and Tax Act, 86 Ill. Adm. Code

430 1) Rulemaking:

A) Description: Regulations will be updated to reflect the provisions of Public Act 93-742, which authorizes the Department to issue 3-year bingo licenses, including regular licenses, limited licenses or senior citizen restricted licenses, and the amendments in Public Act 95-228, dealing with licensing. The regulations will also be amended to clarify record keeping requirements and the documentation required for a license application.



this time.



corporations: Entities eligible for bingo licenses will be affected by this rulemaking.

F) Agency contact person for information: Paul Caselton




Deputy General Counsel, Income Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 524-3951


r) Part(s) (Heading and Code Citation): Pull Tabs and Jar Games, 86 Ill. Adm. Code 432 1) Rulemaking:

A) Description: Regulations will be amended to implement the amendments in Public Act 95-228 dealing with licensing and to clarify record keeping requirements and the documentation required for a license application.



this time.



corporations: Entities eligible for pull tabs and jar games licenses will be affected by this rulemaking.







s) Part(s) (Heading and Code Citation): Charitable Games, 86 Ill. Adm. Code 435 1) Rulemaking:

A) Description: Regulations will be amended to implement the amendments in Public Act 95-228 dealing with licensing and to clarify record keeping requirements and the documentation required for a license application.



this time.



corporations: Entities eligible for a charitable games license will be affected by this rulemaking.




t) Part(s) (Heading and Code Citation): Telecommunications Excise Tax, 86 Ill. Adm.





A) Description: Regulations will be updated to reflect new statutory

provisions, decisional law and Department policy. Examples include:

1. Regulations that explain the manner in which DSL services are taxed.

2. Regulations that explain the taxation of telecommunications that

are provided by cable and satellite television companies as part of internet access services and the taxation of Voice Over Internet Protocol (VOIP).

3. Regulations which reflect the provisions of the Simplified

Telecommunications Tax Act (92-526, 92-878, 92-602, 93-286, and 94-793) and the Mobile Telecommunications Sourcing Conformity Act. (92-474).

4. Regulations that explain the telecommunications tax liabilities

involved when multiple parties are joined together in different conference calling arrangements.

B) Statutory Authority: 35 ILCS 630; Public Acts 92-526; 92-0602; 92-878,

93-286, and 94-793.


D) Date agency anticipates First Notice: We anticipate filing rulemakings to

Part 495 during the next six months of this year.

E) Effect on small business, small municipalities or not for profit corporations: Retailers of telecommunications and their telecommunications customers will be affected by these regulations.

F) Agency contact person for information: Jerilynn Gorden

Deputy General Counsel, Sales and Excise Tax Illinois Department of Revenue




101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 782-2844


u) Part(s) (Heading and Code Citation): Motor Fuel Tax, 86 Ill. Adm. Code 500 1) Rulemaking:

A) Description: Regulations will be updated to reflect new statutory provisions, new provisions and procedures under the International Fuel Tax Agreement, and changes in Department procedures.



this time.

D) Date agency anticipates First Notice: We anticipate filing rulemakings to Part 500 during the next six months of this year.


corporations: Motor fuel distributors, suppliers and receivers, as well as persons licensed under the International Fuel Tax Agreement, will be affected by these regulations.


Deputy General Counsel, Sales and Excise Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 782-2844





v) Part(s) (Heading and Code Citation): Uniform Penalty and Interest Act, 86 Ill. Adm.

Code 700

1) Rulemaking:

A) Description: The Department will amend the regulations in Part 700 to reflect recent amendments to the Uniform Penalty and Interest Act.

B) Statutory Authority: 20 ILCS 2505/2505-795.


this time.

D) Date agency anticipates First Notice: We anticipate filings during the next six months of this year.

E) Effect on small business, small municipalities and not for profit

corporations: These rulemakings will provide guidance for any business or not for profit corporation that incurs tax liabilities potentially subject to penalty or interest obligations under the Uniform Penalty and Interest Act.


Paul Caselton Deputy General Counsel, Income Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794 Telephone: (217) 524-3951


w) Part(s) (Heading and Code Citation): New Part governing County School Facility

Retailers' Occupation Tax 1) Rulemaking:




A) Description: New regulations will be promulgated to implement the provisions of PA 95-675 imposing a County School Facility Retailers' Occupation Tax.

B) Statutory Authority: 55 ILCS 5/5-1006.7(a).


this time.



corporations: Counties imposing this tax and retailers located in such jurisdictions will be affected by this rulemaking.


G) Related rulemakings and other pertinent information: A new Part implementing a County School Facility Service Occupation Tax is related.

x) Part(s) (Heading and Code Citation): New Part governing County School Facility Service

Occupation Tax 1) Rulemaking:

A) Description: New regulations will be promulgated to implement the provisions of PA 95-675 imposing a County School Facility Retailers' Occupation Tax.

B) Statutory Authority: 55 ILCS 5/5-1006.7(b).







E) Effect on small business, small municipalities or not for profit corporations: Businesses making sales of service in counties imposing the tax will be minimally affected.


G) Related rulemakings and other pertinent information: A new Part governing a County School Facility Retailers’ Occupation Tax is related.

y) Part(s) (Heading and Code Citation): New Part Governing Electronic Filing of Corporate

Income Tax Returns

1) Rulemaking:

A) Description: The Department will promulgate regulations providing the procedures for corporations, partnerships and tax exempt organizations to file their Illinois income tax returns electronically.



this time.

D) Date agency anticipates First Notice: We anticipate filings during the next six months of this year.




E) Effect on small business, small municipalities and not for profit corporations: This rulemaking will provide guidance for corporations who will file their Illinois income tax returns electronically.


Rickey A. Walton Special Assistant Attorney General Illinois Department of Revenue 100 W. Randolph St., 7-900 Chicago, IL 60601 Telephone: (312) 814-3185


z) Part(s) (Heading and Code Citation): New Part Governing Internet Filing of Sales and

Use Tax Returns

1) Rulemaking:

A) Description: Regulations will be promulgated to provide the specific procedures and requirements for persons using an Internet-based system to file sales and use tax returns.

B) Statutory Authority: 20 ILCS 2505/2505-210.


this time.



corporations: Persons using the Internet to file sales and use tax returns will be affected by these rules.






G) Related rulemakings and other pertinent information: None. aa) Part(s) (Heading and Code Citation): New Part Governing Business District Taxes

1) Rulemaking:

A) Description: Regulations will be promulgated to set out specific procedures and requirements for the business district taxes authorized by P.A 93-1053.

B) Statutory Authority: 65 ILCS 5/11-74.3-6.


this time.



corporations: Municipalities are authorized to impose these taxes within business districts established by those municipalities. All businesses that are engaged in making sales of tangible personal property at retail and sales of service when tangible personal property is transferred incident to those sales of service within a business district where those taxes are imposed will be subject to those taxes.


Deputy General Counsel, Sales and Excise Tax Illinois Department of Revenue 101 W. Jefferson, 5-500 Springfield, IL 62794




Telephone: (217) 782-2844

G) Related rulemakings and other pertinent information: None. bb) Part(s) (Heading and Code Citation): Cigarette Tax Act, 86 Ill. Adm. Code 440

1) Rulemaking:

A) Description: Amendments will be made to update the Cigarette Tax Act regulations to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings.



this time.



corporations: Minimal, depending upon what legislation may be enacted. F) Agency contact person for information: Jerilynn Gorden


G) Related rulemakings and other pertinent information: None. cc) Part(s) (Heading and Code Citation): Cigarette Use Tax Act, 86 Ill. Adm. Code 450

1) Rulemaking:




A) Description: Amendments will be made to update the Cigarette Use Tax

Act regulations to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings.



this time.



corporations: Minimal, depending upon what legislation may be enacted. F) Agency contact person for information: Jerilynn Gorden


G) Related rulemakings and other pertinent information: None. dd) Part(s) (Heading and Code Citation): New Part governing Flood Prevention District Act

1) Rulemaking:

A) Description: Draft regulations relating to the Flood Prevention District Act to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings.

B) Statutory Authority: 70 ILCS 750/ 1 et seq.





this time.



corporations: Retailers located in flood prevention district may have the tax imposed upon them and will be required to remit the tax and keep books and records and file returns with the Department.



G) Related rulemakings and other pertinent information: None. ee) Part(s) (Heading and Code Citation): Special County Retailers' Occupation Tax for

Public Safety, 86 Ill. Adm. Code 670

1) Rulemaking:

A) Description: Amendments will be made to update the Special County Retailers’ Occupation Tax for Public Safety regulations to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings.

B) Statutory Authority: Implementing Section 5-1006.5 of the Special

County Occupation Tax For Public Safety Law of the Counties Code [55 ILCS 5/5-1006.5] and authorized by Section 2505-95 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505-95].







E) Effect on small business, small municipalities or not for profit corporations: Small municipalities may impose this tax for purposes of building or improving public facilities.



G) Related rulemakings and other pertinent information: None. ff) Part(s) (Heading and Code Citation): Special County Service Occupation Tax for Public

Safety, 86 Ill. Adm. Code 680

1) Rulemaking:

A) Description: Amendments will be made to update the Special County Service Occupation Tax for Public Safety regulations to reflect new statutory developments, decisional law and Department policies. Rulemakings are also promulgated as part of the Department’s continuing effort to codify policies contained in various letter rulings.

B) Statutory Authority: Implementing Section 5-1006.5 of the Special

County Occupation Tax For Public Safety Law of the Counties Code [55 ILCS 5/5-1006.5] and authorized by Section 2505-95 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505-95].


this time.






E) Effect on small business, small municipalities or not for profit corporations: Small municipalities may impose this tax for purposes of building or improving public facilities.





STATE UNIVERSITIES RETIREMENT SYSTEM


a) Part(s) (Heading and Code Citation): Document Retention (80 Ill. Adm. Code 1600. 140)

1) Rulemaking: No docket number presently assigned.

A) Description: A Section to set forth retention periods for the various categories of documents used by the System in business operations.

B) Statutory Authority: Article 15 of the Illinois Pension Code, 40 ILCS

5/15-177.

C) Scheduled meeting/hearing dates: Written comments may be submitted during the 45-day public comment period following publication of the proposed rule in the Illinois Register. No public hearing is anticipated.


E) Effect on small businesses, small municipalities or not for profit corporations: None.

F) Agency contact person for information: Kelly A. Jenkins, General Counsel

State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 217/378-8825 G) Related rulemakings and other pertinent information: b) Part(s) (Heading and Code Citation): Participation Requirements (80 Ill. Adm. Code

1600.200)


A) Description: A Section clarifying the definition of "employee" under Section 15-107 of the Illinois Pension Code, 40 ILCS 5/15-107.


5/15-177.




C) Scheduled meeting/hearing dates: Written comments may be submitted

during the 45-day public comment period following publication of the proposed rule in the Illinois Register. No public hearing is anticipated.



F) Agency contact person for information: Kelly A. Jenkins, General Counsel State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 217/378-8825 G) Related rulemakings and other pertinent information: c) Part(s) (Heading and Code Citation): Disabled Child Survivors Insurance Beneficiaries

(80 Ill. Adm. Code 1600.306)


A) Description: A Section regarding the timing and criteria used in making determinations of disability status for purposes of survivors insurance under Section 15-145(c) of the Illinois Pension Code, 40 ILCS 5/15-145(c).


5/15-177.







F) Agency contact person for information: Kelly A. Jenkins, General Counsel

State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 217/378-8825 G) Related rulemakings and other pertinent information: d) Part(s) (Heading and Code Citation): Procedures to Be Followed in Medical Evaluation

of Disability Claims (80 Ill. Adm. Code 1600.320)


A) Description: An amendment revising the disability claims review process by clarifying the necessary criteria for the award of disability benefits, establishing the role of the medical claims processor, and establishing procedures for the ongoing investigation of disability claims.


5/15-150, 15-177.




F) Agency contact person for information: Kelly A. Jenkins, General Counsel State Universities Retirement System




1901 Fox Drive Champaign, IL 61820 217/378-8825

G) Related rulemakings and other pertinent information: e) Part(s) (Heading and Code Citation): Commencement of Disability Benefits (80 Ill.

Adm. Code 1600.325)


A) Description: A Section clarifying the System’s interpretation of Section 15-151 of the Illinois Pension Code, 40 ILCS 5/15-151, as it relates to the “termination of payment of salary or sick leave.”

B) Statutory Authority: Article 15 of the Illinois Pension Code, 40 ILCS 15-

177.




F) Agency contact person for information: Kelly A. Jenkins, General Counsel State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 217/378-8825

G) Related rulemakings and other pertinent information: f) Part(s) (Heading and Code Citation): Making Preliminary Estimated Payments (80 Ill.

1600.420)





A) Description: Revise the current rule on Making Preliminary Estimated

Payments to include procedures for holding payments when the member has not responded to informational requests, and to terminate the benefit after a period of non-compliance with the request.


5/15-177.




F) Agency contact person for information: Kelly A. Jenkins, General Counsel State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 217/378-8825 G) Related rulemakings and other pertinent information:



NOTICE OF PUBLIC INFORMATION PURSUANT TO 415 ILCS 5/28.1(d)(3)

LISTINGS OF ADJUSTED STANDARDS AND COMBINED SEWER OVERFLOW EXCEPTIONS GRANTED BY THE BOARD DURING FISCAL YEAR 2009

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3)

(2006)) requires the Board to annually publish in the Illinois Register and Environmental Register a listing of all determinations made pursuant to Section 28.1 at the end of each fiscal year. This notice sets forth all adjusted standard and combine sewer overflow exception determinations made by the Board during the fiscal year 2009 (July 1, 2008, through June 30, 2009). Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During

Fiscal Year 2009 (July 1, 2008 through June 30, 2009)

Docket/Docket Title Final Determination

In the Matter of: Petition of Stericycle, Inc. for an Adjusted Standard from 35 Ill. Adm. Code 1422.111(b)(1), 1450.105(a, b), 1450.200(e) AS 08-02, (August 21, 2008)

The Board granted an adjusted standard from 35 Ill. Adm. Code 1422.111(b)(1) which requires each load of Potentially Infectious Medical Waste (PIMW) to be manually weighed and recorded. The adjusted standard allows Stericycle to use weight measurement and recording data generated at its PIMW treatment facilities in Clinton, Illinois and Sturtevant, Wisconsin for the calculation of PIMW transporter fees and other regulatory purposes. The adjusted standard is subject to conditions pertaining to proper weighing procedures. The Board denied Stericycle's request for an adjusted standard from PIMW transporter fee regulations adopted by the Agency in 35 Ill. Adm. Code 1450.105(a),(b), and 1450.200(e). The Board found that it lacks authority under Section 28.1 of the Environmental Protection Act to allow an adjusted standard from these provisions.

In the Matter of: Petition of Big River Zinc Corporation for an Adjusted Standard from 35 Ill. Adm. Code 720.131(c) AS 08-09 (September 4, 2008)

The Board modified an existing adjusted standard (AS 99-3) issued to Big River Zinc (BRZ) for its electrolytic refinery in Sauget, St. Clair County. Pursuant to 35 Ill. Adm. Code 720.131, the Board may determine that




certain materials are not solid wastes if they meet certain criteria. The adjusted standard exempts zinc oxide recovered from electric arc furnace (EAF) dust from the definition of "solid waste" and "hazardous waste" under the Resource Conservation and Recovery Act (RCRA). Thus, after washing the EAF zinc oxide, BRZ will be able to sell the washed material to third parties or to return the washed material to suppliers. Without the modification, the washed material would be required to undergo further electrolytic zinc refining. This modification enabled BRZ to re-open its Sauget facility which had ceased process operations in June 2006.

In the Matter of: Petition for Adusted Standard from 35 Ill. Adm. Code 620.420 for Nobel Risley's Landfill No. 2 AS 08-03 (November 5, 2008)

The Board granted an adjusted standard to Nobel Risley Landfill No. 2 for relief from groundwater quality standards for chloride and sulfate for its closed landfill in Benton, Franklin County. The adjusted standard increases the allowable chloride levels from 200 mg/L to 600 mg/L, and increases the allowable sulfate limit from 400 mg/L to 2,381 mg/L in order to allow the Illinois Environmental Protection Agency to issue a closure certificate. The Board agreed with petitioner that the cost for compliance with existing standards is economically unreasonable. However, the landfill remains subject to all other requirements of the general groundwater quality standards as well as post-closure care requirements.




In the Matter of: Petition of BFI Waste Systems of North America, Inc. for Waste Delisting AS 08-05 (December 4, 2008)

The Board granted an adjusted standard to BFI to delist the leachate generated at the closed Phase I unit of BFI's Davis Junction Landfill in Ogle County from the RCRA list of hazardous wastes. The Board found that the leachate from the closed Phase I unit did not pose a substantial present or potential threat to human health or the environment. This delisting is site-specific, waste stream-specific, and conditional. Only if the conditions of the adjusted standard are met can BFI dispose of the leachate as non-hazardous special waste. To qualify, the Phase I unit leachate must not exhibit any hazardous waste characteristic and must not exceed any of the delisting level concentrations for the 43 chemicals set forth in the order. BFI must perform required testing, and non-compliance means the leachate cannot be transported or disposed of except as hazardous waste until testing demonstrates a return to compliance. The leachate will not be considered delisted unless disposed of in a waste water treatment facility in Illinois with a pretreatment program approved by USEPA.

In the Matter of: Petition of Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. for an Adjusted Standard from Ammonia Nitrogen Discharge Levels at 35 Ill. Adm. Code 304.122 AS 08-08, (December 18, 2008)

The Board granted petitioners an adjusted standard from the Board's water pollution regulations at 35 Ill. Adm. Code 304.122(b) regarding the discharge of ammonia nitrogen. Petitioners operate a petroleum refinery in Lemont, Will County. When a source whose untreated waste load cannot be computed on a population equivalent basis comparable to that used for municipal waste treatment plants discharges ammonia nitrogen in amounts exceeding 100 pounds per day, Section 304.122(b) limits the total ammonia nitrogen concentration of the source's effluent to




3.0mg/L. Petitioners were granted an adjusted standard stating that the refinery must meet a monthly average limitation for ammonia nitrogen of 6.93 mg/L whenever the monthly average discharge exceeds 100 pounds per day, and a daily limit of 10.61mg/L whenever the daily discharge exceeds 200 pounds of ammonia. The adjusted standard is subject to numerous conditions, such as monitoring, reporting, and working with the Agency on language for the NPDES permit; adding wastewater storage capacity; and continuing participation with the Petroleum Environmental Research forum. The adjusted standard will expire on December 31, 2013 unless petitioners request the Board to terminate the adjusted standard at an earlier date.

In the Matter of: RCRA Delisting Adjusted Standard Petition of Peoria Disposal Company AS 08-10, (January 8, 2009)

The Board granted an adjusted standard to delist from hazardous waste regulation the residue generated by petitioner's treatment of K061 electric arc furnace (EAF) dust at the company's waste stabilization facility (WSF) in Peoria, Peoria County. EAF dust, produced during steel production in electric furnaces, is a hazardous waste under RCRA. Peoria Disposal Company (PDC) sought the delisting based on new proprietary stabilization technology. The residue resulting from the new treatment process is referred to as EAF dust stabilization residue (EAFDSR). The Board found that PDC met the legal tests for delisting, and the scientific evidence presented show that the treatment residue does not pose a substantial present or potential threat to human health or the environment. The delisting is conditional, including detailed requirements for testing, disposal, and limits on PDC's ability to alter




its stabilization process without amending the delisting. No batch of EAFDSR may leave PDC's facility for non-hazardous waste disposal without proof that the batch does not contain chemical concentrations in excess of those found to be safe. More than 100 people attended the public hearing, and the Board received more than 300 public comments.

In the Matter of: Petition of Ameren Energy Generating Company for Adjusted Standards from 35 Ill. Adm. Code Parts 811, 814, 815 AS 09-1 (March 5, 2009)

The Board dismissed this petition on the grounds that a site-specific rulemaking would be the appropriate source of regulatory relief. Petitioner sought regulatory relief to close an unlined ash impoundment pond at its power station in Hutsonville, Crawford County. (Ameren has since filed a rule proposal pending in R09-21.)

In the Matter of: Petition of Illinois Department of Transportation District 8, Bowman Avenue Pump Station and Deep Well System, for an Adjusted Standard from 35 Ill. Adm. Code 302.208(g) (NPDES Permit No. IL0090955, AS 08-1 (April 16, 2009)

The Board granted petitioner's motion to voluntarily dismiss this adjusted standard request. The Illinois Department of Transportation (IDOT) had sought relief from the Board's water quality standards for sulfate and total dissolved solids. In its request to withdraw its petition, IDOT stated that USEPA had issued a letter to the Illinois Environmental Protection Agency approving the revised standards.

In the Matter of: Petition of Maximum Investments, LLC for an Adjusted Standard from 35 Ill. Adm. Code 740.210(a)(3) for Stoney Creek Landfill in Palos Hills, Illinois, AS 09-2 (June 18, 2009)

The Board dismissed this adjusted standard petition on procedural grounds. Petitioner sought an adjusted standard from the Board's rules on the site remediation program so that ultimately petitioner could receive a release from liability as a prospective purchaser under Section 22.2b of the Environmental Protection Act (Act). However, Section 58.2 of the Act requires an applicant to be an owner or operator, or to have consent to act on behalf of the owner or operator. The Board found that petitioner had neither authority, nor consent. Because this




requirement is statutory, the Board found that it did not have the authority to grant the adjusted standard.

Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception

Proceedings During Fiscal Year 2009 (July 1, 2008 through June 30, 2009)

The Board took no action in combined sewer overflow exception proceedings during fiscal year 2009, as none were filed with the Board or pending during fiscal year 2009.

Request copies, noting the appropriate docket number, to:

Name: John Therriault, Assistant Clerk Address: Pollution Control Board


Telephone: 312-814-3629

Address questions concerning this notice, noting the appropriate docket number, to:

Name: Carol Webb Address: Pollution Control Board

1021 North Grand Avenue East Springfield, Illinois 62794-9274

Telephone: 217-524-8509 email: [email protected]



NOTICE OF AGENCY RESPONSE TO A RECOMMENDATION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES

1) Heading of the Part: Permit Fees for Installing or Extending Water Main 2) Code Citation: 35 Ill. Adm. Code 690 3) Section Numbers: 690.102, 690.103, 690.201, 690.203, 690.301 4) Date Notice of Proposed Amendments published in the Register: December 26, 2008; 32

Ill. Reg. 19849 5) Date JCAR Statement of Recommendation Published in the Register: May 8, 2009; 33

Ill. Reg. 6545 6) Summary of Action Taken by the Agency: The Joint Committee recommended that the

Environmental Protection Agency be more timely in updating its rules to reflect statutory changes.

The Agency agrees with the Recommendation.



NOTICE OF CORRECTION TO NOTICE ONLY

1) Heading of the Part: Consignment of Licenses, Stamps and Permits 2) Code Citation: 17 Ill. Adm. Code 2520 3) The Notice of Proposed Amendments being corrected appeared at: 33 Ill. Reg. 7541;

June 12, 2009 4) The information being corrected is as follows: Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: agents designated to sell licenses, stamps and permits on behalf of the Department; county, city, village, township and incorporated town clerks, or their subagents, granted agent contracts; and a vendor, selected pursuant to a competitive bidding process, who enters into a contract with the Department to issue licenses, stamps or permits by electronic transmission (such as the Internet).

B) Reporting, bookkeeping or other procedures required for compliance:

Agents must complete reports and submit remittances to the Department on a monthly basis. Vendors must submit monthly reports and a weekly Automated Clearing House report.

C) Types of professional skills necessary for compliance: None


JOINT COMMITTEE ON ADMINISTRATIVE RULES JULY AGENDA

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SCHEDULED MEETING:

STRATTON OFFICE BUILDING ROOM C-1

SPRINGFIELD, ILLINOIS 11:00 A.M.

JULY 14, 2009

NOTICES: The scheduled date and time for the JCAR meeting are subject to change. Due to Register submittal deadlines, the Agenda below may be incomplete. Other items not contained in this published Agenda are likely to be considered by the Committee at the meeting and items from the list can be postponed to future meetings. If members of the public wish to express their views with respect to a rulemaking, they should submit written comments to the Office of the Joint Committee on Administrative Rules at the following address: Joint Committee on Administrative Rules 700 Stratton Office Building Springfield, Illinois 62706

Email: [email protected] Phone: 217/785-2254

RULEMAKINGS CURRENTLY BEFORE JCAR PROPOSED RULEMAKINGS Central Management Services 1. State of Illinois Medical Care Assistance Plan (80 Ill. Adm. Code 2120) -First Notice Published: 33 Ill. Reg. 5988 – 4/24/09 -Expiration of Second Notice: 8/2/09 Education 2. Payments to Certain Facilities Under Section 14-7.05 of the School Code (23 Ill. Adm.

Code 405) -First Notice Published: 33 Ill. Reg. 3987 – 3/6/09



-Expiration of Second Notice: 8/5/09 3. School Technology Program (23 Ill. Adm. Code 575) -First Notice Published: 33 Ill. Reg. 4825 – 4/3/09 -Expiration of Second Notice: 8/5/98 Financial and Professional Regulation 4. Illinois Architecture Practice Act of 1989 (68 Ill. Adm. Code 1150) -First Notice Published: 33 Ill. Reg. 5081 – 4/10/09 -Expiration of Second Notice: 7/17/09 Healthcare and Family Services 5. Specialized Health Care Delivery Systems (89 Ill. Adm. Code 146) -First Notice Published: 33 Ill. Reg. 3822 – 3/6/09 -Expiration of Second Notice: 8/25/09 Human Rights 6. Procedures of the Department of Human Rights (56 Ill. Adm. Code 2520) -First Notice Published: 33 Ill. Reg. 6236 – 5/1/09 -Expiration of Second Notice: 8/5/09 Human Services 7. General Administrative Provisions (89 Ill. Adm. Code 10) -First Notice Published: 33 Ill. Reg. 4500 – 3/27/09 -Expiration of Second Notice: 8/2/09 8. Temporary Assistance for Needy Families (89 Ill. Adm. Code 112) -First Notice Published: 33 Ill. Reg. 4803 – 4/3/09 -Expiration of Second Notice: 8/9/09 9. Temporary Assistance for Needy Families (89 Ill. Adm. Code 112) -First Notice Published: 33 Ill. Reg. 4505 – 3/27/09 -Expiration of Second Notice: 8/9/09 10. Aid to the Aged, Blind or Disabled (89 Ill. Adm. Code 113) -First Notice Published: 33 Ill. Reg. 4517 – 3/27/09



-Expiration of Second Notice: 8/9/09 11. Aid to the Aged, Blind or Disabled (89 Ill. Adm. Code 113) -First Notice Published: 33 Ill. Reg. 4805 – 4/3/09 -Expiration of Second Notice: 8/9/09 12. General Assistance (89 Ill. Adm. Code 114) -First Notice Published: 33 Ill. Reg. 4527 – 3/27/09 -Expiration of Second Notice: 8/9/09 13. General Assistance (89 Ill. Adm. Code 114) -First Notice Published: 33 Ill. Reg. 4807 – 4/3/09 -Expiration of Second Notice: 8/9/09 14. Refugee/Repatriate Program (89 Ill. Adm. Code 115) -First Notice Published: 33 Ill. Reg. 4809 – 4/3/09 -Expiration of Second Notice: 8/9/09 15. Food Stamps (89 Ill. Adm. Code 121) -First Notice Published: 33 Ill. Reg. 4537 – 3/27/09 -Expiration of Second Notice: 8/2/09 16. Food Stamps (89 Ill. Adm. Code 121) -First Notice Published: 33 Ill. Reg. 4811 – 4/3/09 -Expiration of Second Notice: 8/5/09 17. Food Stamps (89 Ill. Adm. Code 121) -First Notice Published: 33 Ill. Reg. 4062 – 3/13/09 -Expiration of Second Notice: 8/9/09 Natural Resources 18. White-Tailed Deer Hunting by Use of Firearms (17 Ill. Adm. Code 650) -First Notice Published: 33 Ill. Reg. 6409 – 5/8/09 -Expiration of Second Notice: 8/9/09 19. White-Tailed Deer Hunting by Use of Muzzleloading Rifles (17 Ill. Adm. Code 660) -First Notice Published: 33 Ill. Reg. 6430 – 5/8/09 -Expiration of Second Notice: 8/9/09



20. White-Tailed Deer Hunting by Use of Bow and Arrow (17 Ill. Adm. Code 670) -First Notice Published: 33 Ill. Reg. 6446 – 5/8/09 -Expiration of Second Notice: 8/9/09 21. Special White-Tailed Deer Season for Disease Control (17 Ill. Adm. Code 675) -First Notice Published: 33 Ill. Reg. 6468 – 5/8/09 -Expiration of Second Notice: 8/9/09 22. Late-Winter Deer Hunting Season (17 Ill. Adm. Code 680) -First Notice Published: 33 Ill. Reg. 6476 – 5/8/09 -Expiration of Second Notice: 8/9/09 23. Youth Hunting Seasons (17 Ill. Adm. Code 685) -First Notice Published: 33 Ill. Reg. 6484 – 5/8/09 -Expiration of Second Notice: 8/9/09 24. Dam Safety Requirements (17 Ill. Adm. Code 3703) -First Notice Published: 33 Ill. Reg. 14445 – 9/5/08 -Expiration of Second Notice: 8/16/09 Pollution Control Board 25. Permits and General Provisions (35 Ill. Adm. Code 201) -First Notice Published: 32 Ill. Reg. 17035 – 10/31/08 -Expiration of Second Notice: 8/6/09 26. Definitions and General Provisions (35 Ill. Adm. Code 211) -First Notice Published: 32 Ill. Reg. 17055 – 10/31/08 -Expiration of Second Notice: 8/6/09 27. Nitrogen Oxides Emission (35 Ill. Adm. Code 217) -First Notice Published: 32 Ill. Reg. 17075 – 10/31/08 -Expiration of Second Notice: 8/6/09 28. Water Use Designations and Site-Specific Water Quality Standards (35 Ill. Adm. Code

303) -First Notice Published: 33 Ill. Reg. 3898 – 3/6/09 -Expiration of Second Notice: 8/9/09 Racing Board



29. Security Areas (11 Ill. Adm. Code 436) -First Notice Published: 33 Ill. Reg. 6021 – 4/24/09 -Expiration of Second Notice: 7/25/09 30. Horseman's Bookkeeping System Licensees (11 Ill. Adm. Code 450) -First Notice Published: 33 Ill. Reg. 6025 – 4/24/09 -Expiration of Second Notice: 7/25/09 31. Claiming Races (11 Ill. Adm. Code 510) -First Notice Published: 33 Ill. Reg. 6031 – 4/24/09 -Expiration of Second Notice: 7/25/09 32. General Licensee Rules (11 Ill. Adm. Code 1313) -First Notice Published: 33 Ill. Reg. 6035 – 4/24/09 -Expiration of Second Notice: 7/25/09 33. Racing Rules (11 Ill. Adm. Code 1318) -First Notice Published: 33 Ill. Reg. 6040 – 4/24/09 -Expiration of Second Notice: 7/25/09 Secretary of State 34. Regulations Under the Illinois Securities Law of 1953 (14 Ill. Adm. Code 130) -First Notice Published: 33 Ill. Reg. 1451 – 1/23/09 -Expiration of Second Notice: 7/23/09 35. Regulations Under the Business Opportunity Sales Law of 1995 (14 Ill. Adm. Code 135) -First Notice Published: 33 Ill. Reg. 1468 – 1/23/09 -Expiration of Second Notice: 7/23/09 36. Regulations Under the Illinois Business Brokers Act of 1995 (14 Ill. Adm. Code 140) -First Notice Published: 33 Ill. Reg. 1473 – 1/23/09 -Expiration of Second Notice: 7/23/09 37. Regulations Under the Illinois Loan Brokers Act of 1995 (14 Ill. Adm. Code 145) -First Notice Published: 33 Ill. Reg. 1479 – 1/23/09 -Expiration of Second Notice: 7/23/09 38. Issuance of Licenses (92 Ill. Adm. Code 1030)



-First Notice Published: 33 Ill. Reg. 6243 – 5/1/09 -Expiration of Second Notice: 7/31/09 State Universities Civil Service System 39. State Universities Civil Service System (80 Ill. Adm. Code 250) -First Notice Published: 33 Ill. Reg. 3258 – 2/20/09 -Expiration of Second Notice: 7/18/09 EMERGENCY RULEMAKINGS Central Management Services 40. Pay Plan (80 Ill. Adm. Code 310)

-Notice Published: 33 Ill. Reg. 9432 – 7/6/09 Environmental Protection Agency 41. Procedures for Issuing Loans from the Water Pollution Control Loan Program (35 Ill.

Adm. Code 365) -Notice Published: 33 Ill. Reg. 8546 – 6/19/09

42. Procedures for Providing Financial Assistance from the Water Pollution Control Loan

Program Under the American Recovery and Reinvestment Act of 2009 (35 Ill. Adm. Code 369)

-Notice Published: 33 Ill. Reg. 8589 – 6/19/09 43. Procedures for Issuing Loans From the Public Water Supply Loan Program (35 Ill. Adm.

Code 662) -Notice Published: 33 Ill. Reg. 8674 – 6/19/09

44. Procedures for Providing Financial Assistance from the Public Water Supply Loan

Program Under the American Recovery and Reinvestment Act of 2009 (35 Ill. Adm. Code 664)

-Notice Published: 33 Ill. Reg. 8722 – 6/19/09 State Employees' Retirement System 45. The Administration and Operation of the State Employees' Retirement System of Illinois




-Notice Published: 33 Ill. Reg. 9449 – 7/6/09 PEREMPTORY RULEMAKING Central Management Services 46. Pay Plan (80 Ill. Adm. Code 310)

-Notice Published: 33 Ill. Reg. 9138 – 6/26/09 AGENCY RESPONSES Environmental Protection Agency 47. Permit Fees for Installing or Extending Water Main (35 Ill. Adm. Code 690; 32 Ill. Reg.

19849) Healthcare and Family Services 48. Medical Payment (89 Ill. Adm. Code 140; 32 Ill. Reg. 14003)


JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

The following second notices were received by the Joint Committee on Administrative Rules during the period of June 22, 2009 through June 29, 2009 and have been scheduled for review by the Committee at its July 14, 2009 meeting. Other items not contained in this published list may also be considered. Members of the public wishing to express their views with respect to a rulemaking should submit written comments to the Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL 62706. Second Notice Expires

Agency and Rule

Start Of First Notice

JCAR Meeting

8/5/09 State Board of Education, Payments to Certain

Facilities Under Section 14-7.05 of the School Code (23 Ill. Adm. Code 405)

3/6/09 33 Ill. Reg. 3987

7/14/09

8/5/09 State Board of Education, School Technology

Program (23 Ill. Adm. Code 575) 4/3/09

33 Ill. Reg. 4825

7/14/09

8/6/09 Pollution Control Board, Nitrogen Oxides

Emission (35 Ill. Adm. Code 217) 10/31/08

32 Ill. Reg. 17075

7/14/09

8/6/09 Pollution Control Board, Definitions and

General Provisions (35 Ill. Adm. Code 211) 10/31/08

32 Ill. Reg. 17055

7/14/09

8/6/09 Pollution Control Board, Permits and General

Provisions (35 Ill. Adm. Code 201) 10/31/08

32 Ill. Reg. 17035

7/14/09

8/9/09 Pollution Control Board, Water Use

Designations and Site-Specific Water Quality Standards (35 Ill. Adm. Code 303)

3/6/09 33 Ill. Reg. 3898

7/14/09

8/9/09 Department of Human Services, Temporary

Assistance for Needy Families (89 Ill. Adm. Code 112)

4/3/09 33 Ill. Reg. 4803

7/14/09




8/9/09 Department of Human Services, Temporary

Assistance for Needy Families (89 Ill. Adm. Code 112)

3/27/09 33 Ill. Reg. 4505

7/14/09

8/9/09 Department of Human Services, Aid to the

Aged, Blind or Disabled (89 Ill. Adm. Code 113)

3/27/09 33 Ill. Reg. 4517

7/14/09

8/9/09 Department of Human Services, General

Assistance (89 Ill. Adm. Code 114) 3/27/09

33 Ill. Reg. 4527

7/14/09

8/9/09 Department of Human Services, General

Assistance (89 Ill. Adm. Code 114) 4/3/09

33 Ill. Reg. 4807

7/14/09

8/9/09 Department of Human Services, Refugee/

Repatriate Program (89 Ill. Adm. Code 115) 4/3/09

33 Ill. Reg. 4809

7/14/09

8/9/09 Department of Human Services, Food Stamps

(89 Ill. Adm. Code 121) 3/13/09

33 Ill. Reg. 4062

7/14/09

8/9/09 Department of Natural Resources, White-Tailed

Deer Hunting by Use of Firearms (17 Ill. Adm. Code 650)

5/8/09 33 Ill. Reg. 6409

7/14/09


Deer Hunting by Use of Muzzleloading Rifles (17 Ill. Adm. Code 660)

5/8/09 33 Ill. Reg. 6430

7/14/09


Deer Hunting by Use of Bow and Arrow (17 Ill. Adm. Code 670)

5/8/09 33 Ill. Reg. 6446

7/14/09

8/9/09 Department of Natural Resources, Special 5/8/09 7/14/09




White-Tailed Deer Season for Disease Control (17 Ill. Adm. Code 675)

33 Ill. Reg. 6468

8/9/09 Department of Natural Resources, Late-Winter

Deer Hunting Season (17 Ill. Adm. Code 680) 5/8/09

33 Ill. Reg. 6476

7/14/09

8/9/09 Department of Natural Resources, Youth

Hunting Seasons (17 Ill. Adm. Code 685) 5/8/09

33 Ill. Reg. 6484

7/14/09

8/12/09 Department of Human Services, Aid to the

Aged, Blind or Disabled (89 Ill. Adm. Code 113)

4/3/09 33 Ill. Reg. 4805

7/14/09


EXECUTIVE ORDER

2009-13 ESTABLISHMENT OF THE

ECONOMIC RECOVERY ADVISORY COMMISSION

WHEREAS, as Governor of the State of Illinois, it is my duty to enhance Illinois' competitiveness in the global economy and to take any and all reasonable steps to ensure a vibrant and growing economy; and

WHEREAS, the severe downturn in our national economic climate has adversely impacted

Illinois families, businesses, and jobs; and WHEREAS, the unemployment rate is currently at 9.4% and will continue to rise without

immediate measures; and WHEREAS, the general decline in the economy has resulted in a concomitant decline in the

State's revenue, causing unprecedented imbalance in the State's budget; THEREFORE, I, Patrick J. Quinn, Governor of Illinois, pursuant to the authority vested in me by Article V of the Illinois State Constitution of 1970, hereby order as follows:

I. CREATION

There is hereby created the Economic Recovery Advisory Commission (hereinafter "Commission") as an independent advisory body having the duties set forth in this document, with respect to the Office of the Governor.

II. PURPOSE

In pursuit of the goals of incenting economic growth, decreasing unemployment, attracting new business enterprises, strengthening existing business enterprises, and ensuring long-term economic stability, the Commission shall:

a. Conduct a wide-ranging study of policies enacted elsewhere in the United

States and the rest of the world on implementing policies which will allow for rapid economic recovery;

b. Analyze Illinois' existing tax and regulatory structure with the aim of

identifying opportunities to enhance the economic climate for business and job creation.

c. Provide independent, nonpartisan information, analysis, and advice to the


EXECUTIVE ORDER

Governor as he formulates and implements his plans for economic recovery; and

d. Submit to the Governor and to the People of Illinois, not later than

September 1, 2009, a report outlining its findings and recommendations of policies to promote the growth of Illinois' economy and ensure competitiveness in a 21st century economy;

e. Ensure, with the logistical assistance of the Office of the Governor, that

the report and recommendations of the Commission are available to the public; and

III. MEMBERSHIP

The Commission shall be composed of a Chairperson and at least 12 Commission Members. The Chairperson and the Commission members shall be appointed by the Governor. Members of the Commission shall serve without compensation.

VI. TRANSPARENCY

In addition to whatever policies or procedures it may adopt, all operations of the Commission will be subject to the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) and the Illinois Open Meetings Act (5 ILCS 120/1 et seq.). This section shall not be construed so as to preclude other statutes from applying to the Commission and its activities.

V. EFFECTIVE DATE

This Order shall take effect immediately upon its execution.

Issued by Governor: June 26, 2009 Filed with Secretary of State: June 26, 2009


EXECUTIVE ORDER

2009-14 ESTABLISHMENT OF TAXPAYER'S SUNSHINE COMMISSION

WHEREAS, as Governor of the State of Illinois, it is my duty to ensure accountability,

transparency and efficiency in the State's operations; and WHEREAS, streamlining, restructuring and economization are essential to any effort to solve

our budgetary problems; and WHEREAS, innovative solutions resulting from the input of a diverse group of individuals

with expertise in both private and public sectors will enhance the executive's and legislature's efficiencies in government; and

WHEREAS, the Taxpayer Action Board's report on efficiencies in government is a prototype

for future public/private colloquies on challenging questions of policy; and WHEREAS, a Commission is needed to continue to explore these recommendations on a long-

term basis drawing up the expertise of citizen-leaders from outside government; and

THEREFORE, I, Pat Quinn, Governor of Illinois, pursuant to the authority vested in me by Article V of the Illinois State Constitution of 1970, hereby order as follows:

I. CREATION

There is hereby created the Illinois Taxpayer's Sunshine Commission (hereinafter "Commission") as an independent advisory body having the duties set forth in this document, with respect to the Office of the Governor.

II. PURPOSE

The purpose of the Commission is to conduct a thorough and ongoing review of all the State's operations to identify responsible manner. The Commission shall:

a. Conduct a thorough review of state executive branch programs with

respect to the relevance, efficiency, and effectiveness in obtaining the results required by, or achieving the goals expressed in each program's enacting legislation; and

b. Propose, as it deems appropriate, amendments to existing law or new

legislation, as well as other policy or operational reforms, which will


EXECUTIVE ORDER

improve the State's operations; and

c. Submit, not later than November 1, 2009, a written report outlining its review and recommendations to the People of Illinois and to the Governor, including

I. Elimination of obsolete or ineffective programs;

II. Consolidation of duplicative programs;

III. Steps to improve a program's efficiency or effectiveness.

III. MEMBERSHIP

The Commission shall be composed of a Chairperson and at least 12 Commissioners. The Chairperson and the Commission members shall be appointed by the Governor. The chairperson and members of the Commission shall serve without compensation.

IV. TRANSPARENCY

In addition to whatever policies or procedures it may adopt, all operations of the Commission will be subject to the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) and the Illinois Open Meetings Act (5 ILCS 120/1 et seq.). This section shall not be construed so as to preclude other statutes from applying to the Commission and its activities.

V. EFFECTIVE DATE

This Order shall take effect immediately upon its execution.

Issued by Governor: June 26, 2009 Filed with Secretary of State: June 26, 2009


EXECUTIVE ORDER

2009-15 COLLECTIVE BARGAINING BY INDIVIDUAL PROVIDERS

OF HOME-BASED SUPPORT SERVICES

WHEREAS, individual providers of home-based support services ("individual providers") provide services to persons with disabilities ("consumers") in their own homes as part of the Home-Based Support Services Program under 405 ILCS 80/2-1 et seq., and 59 Ill.Admin.Code part 117; and

WHEREAS, individual providers are employees of the consumers whom they serve or the

consumer's parents or guardian, but are not employees of the State or any other person or entity; and

WHEREAS, it is important to preserve the relationship between consumers' control over the

hiring, in-home supervision, and termination of individual providers and, simultaneously, preserve the State's ability to ensure efficient and effective delivery of services and control the economic terms of compensation provided under the Home-Based Support Services Program; and

WHEREAS, each consumer employs only one or two individual providers and does not control

the economic terms of their employment under the Home-Based Support Services Program and therefore cannot effectively address concerns commons to all individual providers; and

WHEREAS, the individual providers work in the homes of consumers throughout Illinois and

therefore cannot effectively voice their concerns about the organization of the Home-Based Support Services Program, their role in the Program, or the terms and conditions of their provision of services under the Program without representation; and

WHEREAS, it is essential for the State to receive feedback from the individual providers in

order to effectively and efficiently deliver home-based support services; and WHEREAS, individual providers are not State employees, and are not eligible to receive

statutory benefits, including but not limited to those provided under Illinois Pension Code, State Employee Group Insurance Act and Illinois Workers' Compensation Act, as the State does not hire, supervise, or terminate individual providers; and

WHEREAS, the State has productively dealt for many years with a representative of personal

assistants in the Home Services Program, who are similarly situated as individual


EXECUTIVE ORDER

providers as they provide services to vulnerable persons in their homes, are employees of those consumers, but the State controls the economic terms of their provision of services.

THEREFORE, I hereby order the following:

I. The State shall recognize a representative designated by a majority of the individual providers in the Home-Based Support Services Program as the exclusive representative of all such individual providers; accord said representative all the rights and duties granted to such representatives by the Illinois Public Labor Relations Act, 5 ILCS 315/1 et seq.; and engage in collective bargaining with said representative concerning all terms and conditions of the provision of services under the Home-Based Support Services Program that are within the State's control, including the setting of minimum rates of payment to individual providers.

II. A representative may be designated either by submission of authorization cards

from a majority of individual providers or by a majority of individual providers voting in a mail ballot election. Any organization that can show that at least 30% of individual providers wish to be represented by it may participate in any election held under this order. In order to facilitate this process, the Department of Human Services shall provide to an organization interested in representing individual providers access to the names and addresses of current individual providers. The expenses of all proceedings should be borne by any participating organization(s).

III. This Executive Order is not intended to and will not in any way alter 1) the fact

that individual providers are not state employees, 2) the employment arrangement of individual providers and consumers, or 3) the consumers' control over the hiring, in-home supervision, and termination of individual providers within the limits established by the Home-Based Support Services Program.

VI. In according individual providers and their selected representative these rights,

the State intends that the "State action exemption" to application of the federal antitrust laws be fully available to the State, individual providers, and their selected representative to the extent that their activities are authorized pursuant to this Executive Order.

This Executive Order 2009-15 shall take effect upon filing with the Secretary of State. Issued by Governor: June 29, 2009


EXECUTIVE ORDER

Filed with Secretary of State: June 26, 2009


PROCLAMATIONS

2009-210 Captain Emilio Carranza Day

WHEREAS, Captain Emilio Carranza of Mexico was a Goodwill Ambassador to the United

States and flew the first non-stop flight from the Capital of Mexico, Mexico City, to the Capital of the United States, Washington D.C., in 1928; and

WHEREAS, Captain Emilio Carranza also made a historic flight from Mexico to Chicago,

Illinois in 1926 to purchase the biplane "Lincoln Standard," which was known to be the best of that era; and

WHEREAS, in May of 1928, Captain Emilio Carranza made the third longest non-stop flight at

the time from San Diego, California to Mexico City, Mexico with his new plane "Excelsior," an identical twin of Lindbergh's "Spirit of St. Louis"; and

WHEREAS, Captain Emilio Carranza became great friends with Charles Lindbergh and is

known as the "Charles Lindbergh of Mexico"; and WHEREAS, in the summer of 1928, Captain Emilio Carranza was selected to undertake a

goodwill flight from Mexico City to New York City in response to the previous year's flight from New York City to Mexico City undertaken by Charles Lindbergh; and

WHEREAS, Captain Emilio Carranza landed safely at Roosevelt Field on Long Island, and

was honored in New York City by Secretary of Commerce Herbert Hoover and New York City Mayor Jimmy Walker; and

WHEREAS, while returning home to Mexico from his historic flight, Captain Emilio Carranza

encountered a thunderstorm and died at the age of 22 on July 12, 1928, as a result of a crash in bad weather over the Pine Barrens near Mount Holly, New Jersey; and

WHEREAS, Captain Emilio Carranza became a national hero and was mourned by tens of

thousands in Mexico at his funeral; and WHEREAS, Captain Emilio Carranza's mission of good will and peace is still celebrated today

by members of the American Legion Post 11 of Mount Holly, New Jersey, whose brethren found Captain Carranza's body in the woods of the Pine Barrens in 1928; and


PROCLAMATIONS

WHEREAS, every year since that tragedy, on the second Saturday in July – the Saturday nearest the anniversary of the crash – the members of the American Legion Post 11 of Mount Holly have kept the promise their preceding comrades made and celebrated Captain Emilio Carranza without fail; and

WHEREAS, the 81st Captain Emilio Carranza Memorial Service will be held on July 11 this

year: THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim July 11, 2009 as CAPTAIN EMILIO CARRANZA DAY in Illinois, in recognition of this pioneering aviation hero. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

2009-211

Country Music Day

WHEREAS, the Illinois Country Music Association exists to promote Country, Gospel, Bluegrass and Western music in Illinois; and

WHEREAS, the Illinois Country Music Association promotes shows and benefits for various

causes, and works in cooperation with the Illinois Country Music Museum and Hall of Fame; and

WHEREAS, the Illinois Country Music Association recognizes the musical achievements of

country artists, in addition to encouraging new and established artists in their profession; and

WHEREAS, on June 28, the Illinois Country Music Association will hold the 20th Anniversary

People's Choice Awards Show in Stanford, Illinois, at which time the winners of 42 awards, including the Illinois Country Music Entertainer of the Year, will be announced:

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim June 28, 2009 as COUNTRY MUSIC DAY in Illinois, in recognition of the artistic talents and cultural contributions of Illinois' country music artists. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009


PROCLAMATIONS

2009-212 Staff Sergeant Joshua A. Melton

WHEREAS, on Friday, June 19, Staff Sergeant Joshua A. Melton, from Carlyle, died at age 26

of injuries sustained when an improvised explosive device detonated near his vehicle in Kandahar, Afghanistan, where Staff Sergeant Melton was serving in support of Operation Enduring Freedom; and

WHEREAS, Staff Sergeant Melton was assigned to Headquarters and Headquarters Company,

2nd Battalion, 130th Infantry Regiment, Army National Guard, based in Marion; and

WHEREAS, this was Staff Sergeant Melton's second deployment after serving with Operation

Iraqi Freedom from 2004 to 2006; and WHEREAS, a funeral will be held on Saturday, June 27 for Staff Sergeant Melton, who is

survived by his wife and a daughter: THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby order all State facilities to fly their flags at half-staff from sunrise on June 25, 2009 until sunset on June 27, 2009 in honor and remembrance of Staff Sergeant Melton, whose selfless service and sacrifice is an inspiration. Issued by the Governor June 24, 2009 Filed by the Secretary of State June 26, 2009

2009-213

Staff Sergeant Paul G. Smith

WHEREAS, on Friday, June 19, Staff Sergeant Paul G. Smith, from East Peoria, died at age 43 of injuries sustained when an improvised explosive device detonated near his vehicle in Kandahar, Afghanistan, where Staff Sergeant Smith was serving in support of Operation Enduring Freedom; and

WHEREAS, Staff Sergeant Smith was assigned to C Troop, 2nd Squadron, 106th Cavalry

Regiment, Army National Guard, based in Aurora; and WHEREAS, this was Staff Sergeant Smith's third deployment, after serving with Operation

Iraqi Freedom from 2003 to 2004 and from 2005 to 2006; and


PROCLAMATIONS

WHEREAS, a funeral will be held on Saturday, June 27 for Staff Sergeant Smith, who is survived by his wife and two children:

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby order all State facilities to fly their flags at half-staff from sunrise on June 25, 2009 until sunset on June 27, 2009 in honor and remembrance of Staff Sergeant Smith, whose selfless service and sacrifice is an inspiration. Issued by the Governor June 24, 2009 Filed by the Secretary of State June 26, 2009

2009-214

Americans With Disabilities Act Day

WHEREAS, the Americans with Disabilities Act (ADA) passed by Congress in 1990, established a clear and comprehensive prohibition of discrimination on the basis of disability, with disability defined as a physical or mental impairment that substantially limits one or more of the major life activities of an individual; and

WHEREAS, the passage of the ADA represents a major step toward protecting civil rights and

improving the quality of life for persons with disabilities, persons who were often subject to discrimination and lacked federal protection; and

WHEREAS the Americans with Disabilities Act Amendments Act of 2008 emphasizes that

the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

WHEREAS, the year 2009 marks the 19th anniversary of the ADA's civil rights guarantee for

individuals with disabilities; and WHEREAS, Illinois has a long-standing history of protecting the rights of persons with

disabilities, going back 27 years to the passage of the Illinois Human Rights Act on December 6, 1979, which made discrimination against any person with a physical or mental disability illegal; and

WHEREAS, in the United States, 15 percent of the population aged five and older have some

level of disability, representing 41.2 million people in the nation, with over two million of those citizens residing in Illinois, comprising 13 percent of the state's population; and


PROCLAMATIONS

WHEREAS, the State of Illinois and its agencies are committed to continuing efforts to ensure that people with disabilities are able to fully participate in employment, transportation, education, communication, and community opportunities; and

WHEREAS, during the month of July 2009, the Illinois Department of Human Services, in

cooperation with a coalition of other state agencies, councils, and consumers, will celebrate the anniversary of the ADA with special events in Springfield and Chicago:

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim July 15, 2009 as AMERICANS WITH DISABILITIES ACT DAY in Illinois, and encourage all citizens to recognize the historical significance of the ADA, and in turn, do their part to ensure that people with disabilities are included in the mainstream of community life. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

2009-215

Elder Abuse Awareness Month

WHEREAS, according to the Illinois Department on Aging, between four and five percent of persons in the United States, aged sixty and older are subject to some form of mistreatment or abuse, including physical, emotional, and sexual abuse, as well as financial exploitation and neglect of basic care needs; and

WHEREAS, Illinois has approximately two million citizens over the age of sixty, meaning that

as many as 80,000 Illinois seniors could currently be suffering from some form of abuse; and

WHEREAS, it is the mission of the Illinois Department on Aging and its network of service

providers to increase public awareness of this plight against our most vulnerable elderly; and to promote increased reporting of elder abuse; and

WHEREAS, it is essential that the citizens of Illinois recognize the signs of abuse, neglect and

exploitation and report suspicions of abuse; and WHEREAS, it is imperative that each community in Illinois refuses to tolerate this offense

against our older citizens by creating greater awareness of the prevalence and severity of elder abuse in hopes of eradicating it from society:


PROCLAMATIONS

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim July 2009 as ELDER ABUSE AWARENESS MONTH in Illinois, and encourage all citizens to recognize this crisis and join in working toward its prevention. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

2009-216

American Pharmacists Month

WHEREAS, pharmacy is one of the oldest of the health professions concerned with the health and well-being of all people; and

WHEREAS, today, there are over 254,000 pharmacists practicing in the United States,

providing services to assure the rational and safe use of all medications; and WHEREAS, the use of medication, as a cost-effective alternative to more expensive medical

procedures, is becoming a major force in moderating overall health care costs; and

WHEREAS, today's powerful medications require greater attention to the manner in which

they are used by different patient population groups—both clinically and demographically; and

WHEREAS, it is important that all users of prescription and nonprescription medications, or

their caregivers, be knowledgeable about and share responsibility for their own drug therapy; and

WHEREAS, the American Pharmacists Association has declared October as American

Pharmacists Month, with the theme "Know Your Medicines — Know Your Pharmacist," to ensure drug therapy is as safe and effective as possible:

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim October 2009 as AMERICAN PHARMACISTS MONTH in Illinois, in recognition of vital contributions made by pharmacists to health care in our state. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

2009-217

Women's Health Foundation Day


PROCLAMATIONS

WHEREAS, the Women's Health Foundation touches the lives of thousands of women through

cutting-edge research initiatives, serves as a national resource on pelvic wellness issues, develops and offers education and fitness programs, fosters conversation and creates communities for women and ensures life enhancing strategies to achieve pelvic health and wellness; and

WHEREAS, on June 27, 2009, elected officials, corporate leaders, representatives from the

women's health community and citizens from throughout Chicago will celebrate the Women's Health Foundation Below the Belt Benefit; and

WHEREAS, the 2009 Annual Benefit aims to involve Chicago's corporate community to

empower and help women, promote public understanding of women's health issues often ignored by traditional women's and medical organizations, and dispel negative stereotypes about issues such as incontinence, prolapse, and fibroids:

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim June 27, 2009 as WOMEN'S HEALTH FOUNDATION DAY in Illinois, in recognition of their important work to improve women's health in the Land of Lincoln. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

2009-218

Chicago Defender Charities Bud Billiken Day

WHEREAS, Chicago Defender Charities has a long tradition of helping Illinoisans in need through charitable aid, such as financial assistance and scholarships to students and gift baskets to public housing residents during the holiday season; and

WHEREAS, Chicago Defender Charities also sponsors the annual Bud Billiken Parade, to be

held this year on August 8; and WHEREAS, this year, the Bud Billiken Parade will celebrate 80 years as one of Chicago's most

celebrated rites of summer for thousands of children returning to school, and a wholesome, fun event for the entire family; and

WHEREAS, a series of special events have been planned to mark the 80th birthday of Bud

Billiken, including a scholarship awards gala on July 30 and a community birthday party on Saturday, August 1; and


PROCLAMATIONS

WHEREAS, Chicago Defender Charities, producers of the back-to-school parade, have always been committed to the support, encouragement and education of our youth; and

WHEREAS, this year's parade theme is "Education: Yes We Can. Bud Billiken Goes Green. A

Salute to President Barack Obama," to highlight the importance of educating our children, emphasize the need to pursue environmentally friendly practices, and to celebrate the election of the nation's first African American President; and

WHEREAS, Bud Billiken has grown into more than an annual parade. This year the Charities

will also launch a green initiative - the Green Team Conservation & Recycling Program to train, employ and prepare young people for the new green economy; and

WHEREAS, organizations and events such as Chicago Defender Charities and the Bud

Billiken Parade promote community service and unity, which are vital to the strength and success of Illinois communities:

THEREFORE, I Pat Quinn, Governor of the State of Illinois, do hereby proclaim August 8, 2009, as CHICAGO DEFENDER CHARITIES BUD BILLIKEN DAY in Illinois, and urge all citizens to join in the festivities in celebration of Bud's 80th Birthday. Issued by the Governor June 23, 2009 Filed by the Secretary of State June 26, 2009

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates

Rules acted upon in Volume 33, Issue 28 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.

PROPOSED RULES 89 - 301 ....................... 9548 92 - 1060 ....................... 9560 26 - 100 ....................... 9597 ADOPTED RULES 44 - 1 6/25/2009 ....................... 9607 56 - 2712 7/1/2009 ....................... 9617 56 - 2720 8/1/2009 ....................... 9623 56 - 2725 7/1/2009 ....................... 9641 56 - 2732 7/1/2009 ....................... 9646 56 - 2760 7/1/2009 ....................... 9652 56 - 2765 7/1/2009 ....................... 9658 56 - 2815 7/1/2009 ....................... 9668 56 - 2865 8/1/2009 ....................... 9675 17 - 550 6/26/2009 ....................... 9680 17 - 570 6/26/2009 ....................... 9691 17 - 730 6/26/2009 ....................... 9702 17 - 740 6/26/2009 ....................... 9719 77 - 595 6/29/2009 ....................... 9733 35 - 690 6/25/2009 ....................... 9735 23 - 2700 7/1/2009 ....................... 9742 23 - 2720 7/1/2009 ....................... 9758 23 - 2759 7/1/2009 ....................... 9769 23 - 2760 7/1/2009 ....................... 9776 23 - 2764 7/1/2009 ....................... 9784 92 - 1030 6/29/2009 ....................... 9794 92 - 1040 6/25/2009 ....................... 9801 EMERGENCY RULES 26 - 100 6/29/2009 ....................... 9809 EXECUTIVE ORDERS AND PROCLAMATIONS 09 - 13 6/26/2009 ..................... 10083 09 - 14 6/26/2009 ..................... 10085 09 - 15 6/26/2009 ..................... 10087 09 - 210 6/23/2009 ..................... 10090 09 - 211 6/23/2009 ..................... 10091 09 - 212 6/24/2009 ..................... 10092 09 - 213 6/24/2009 ..................... 10092 09 - 214 6/23/2009 ..................... 10093

09 - 215 6/23/2009 ..................... 10094 09 - 216 6/23/2009 ..................... 10095 09 - 217 6/23/2009 ..................... 10095 09 - 218 6/23/2009 ..................... 10096

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