2011
ILLINOIS
REGISTER
RULES
OF GOVERNMENTAL
AGENCIES
Volume 35, Issue 30
July 22, 2011
Pages 12187-12591
Index Department
Administrative Code Division
111 E. Monroe St.
Springfield, IL 62756
217-782-7017
www.cyberdriveillinois.com
Printed on recycled paper
Printed by authority of the State of Illinois. July 2011— 90
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
TABLE OF CONTENTS
July 22, 2011 Volume 35, Issue 30
PROPOSED RULES
HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF
Illinois Cares Rx Program
89 Ill. Adm. Code 119................................................................12187
Medical Payment
89 Ill. Adm. Code 140................................................................12202
SECRETARY OF STATE
Departmental Duties
2 Ill. Adm. Code 552..................................................................12267
TRANSPORTATION, DEPARTMENT OF
Business Logo Signing Program
92 Ill. Adm. Code 542................................................................12273
Tourism Attraction Signing Program
92 Ill. Adm. Code 543................................................................12301
ADOPTED RULES
EDUCATION, STATE BOARD OF
Public Schools Evaluation, Recognition and Supervision
23 Ill. Adm. Code 1....................................................................12328
Secular Textbook Loan
23 Ill. Adm. Code 350................................................................12350
FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF
Title Insurance Act
50 Ill. Adm. Code 8100..............................................................12354
SECRETARY OF STATE
Public Information, Rulemaking and Organization
2 Ill. Adm. Code 550..................................................................12367
STUDENT ASSISTANCE COMMISSION, ILLINOIS
Grant Program for Dependents of Correctional Officers
23 Ill. Adm. Code 2731..............................................................12374
Grant Program for Dependents of Police or Fire Officers
23 Ill. Adm. Code 2732..............................................................12378
Community College Transfer Grant (CCTG) Program
23 Ill. Adm. Code 2740..............................................................12382
Illinois Special Education Teacher Tuition Waiver Program
(SETTW)
23 Ill. Adm. Code 2765..............................................................12388
SECOND NOTICES RECEIVED
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Second Notices Received...................................................................12397
REGULATORY AGENDA
CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF
i
Merit and Fitness
80 Ill. Adm. Code 302................................................................12398
Pay Plan
80 Ill. Adm. Code 310................................................................12405
CRIMINAL JUSTICE INFORMATION AUTHORITY, ILLINOIS
Public Information, Rulemaking and Organization
2 Ill. Adm. Code 1720................................................................12408
EMPLOYMENT SECURITY, DEPARTMENT OF
Notices, Records, Reports
56 Ill. Adm. Code 2760..............................................................12413
FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF
Residential Mortgage License Act of 1987
38 Ill. Adm. Code 1050..............................................................12414
GAMING BOARD, ILLINOIS
Video Gaming Act
11 Ill. Adm. Code 1800..............................................................12441
HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF
Support Responsibility of Relatives
89 Ill. Adm. Code 103................................................................12446
HOUSING DEVELOPMENT AUTHORITY, ILLINOIS
Foreclosure Prevention Program
47 Ill. Adm. Code 385................................................................12473
HUMAN RIGHTS, DEPARTMENT OF
Procedures of the Department of Human Rights
56 Ill. Adm. Code 2520..............................................................12476
HUMAN SERVICES, DEPARTMENT OF
Americans with Disabilities Act Grievance Procedure
4 Ill. Adm. Code 300..................................................................12478
OFFICE OF THE ATTORNEY GENERAL
Married Families Domestic Violence Grants
89 Ill. Adm. Code 1110..............................................................12521
OFFICE OF THE STATE FIRE MARSHAL
Policy and Procedures Manual for Fire Protection Personnel
41 Ill. Adm. Code 141................................................................12522
RACING BOARD, ILLINOIS
Voluntary Self-Exclusion Program
11 Ill. Adm. Code 453................................................................12539
REVENUE, DEPARTMENT OF
Lottery (Hearings)
11 Ill. Adm. Code 1700..............................................................12544
SECRETARY OF STATE
Illinois State Library, Library Services Division
23 Ill. Adm. Code 3010..............................................................12577
STATE BOARD OF INVESTMENT, ILLINOIS
State (of Illinois) Employees' Deferred Compensation Plan
ii
80 Ill. Adm. Code 2700..............................................................12587
OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN
THE ILLINOIS REGISTER
REVENUE, DEPARTMENT OF
2010 Second Quarter Income Tax Sunshine Index............................12589
iii
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 2011
Issue #
1
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4
5
6
7
8
9
10
11
12
13
14
15
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18
19
20
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23
Rules Due Date
December 20, 2010
December 27, 2010
January 3, 2011
January 10, 2011
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January 24, 2011
January 31, 2011
February 7, 2011
February 15, 2011
February 22, 2011
February 28, 2011
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iv
Date of Issue
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v
June 10, 2011
June 17, 2011
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July 1, 2011
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July 29, 2011
August 5, 2011
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September 2, 2011
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September 30, 2011
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October 21, 2011
October 28, 2011
November 4, 2011
November 14, 2011
November 18, 2011
November 28, 2011
December 2, 2011
December 9, 2011
December 16, 2011
December 27, 2011
December 30, 2011
ILLINOIS REGISTER
12187
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part: Illinois Cares Rx Program
2)
Code Citation: 89 Ill. Adm. Code 119
3)
Section Numbers:
119.20
119.30
119.50
119.60
119.90
4)
Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]
5)
Complete Description of the Subjects and Issues Involved: The proposed rulemaking
implements changes to the Illinois Cares Rx (ICRx) program that reduce program
liability. The income limit of approximately 250% of Federal Poverty Level (FPL) has
been changed to an income limit of 200% of FPL. Further, eliminates the ICRx Rebate
program that provides a $25 monthly rebate to participants who have private coverage,
coverage through the VA, or a non-coordinating Part D plan. These amendments also
allow for changes to cost-sharing.
6)
Published studies or reports, and sources of underlying data, used to compose this
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 rulemaking does not affect units of local
government.
12)
Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: Any interested parties may submit comments, data, views, or arguments
concerning this proposed rulemaking. All comments must be in writing and should be
addressed to:
Proposed Action:
Amendment
Amendment
Amendment
Amendment
Amendment
ILLINOIS REGISTER
12188
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Jeannette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, 3rd Floor
Springfield IL 62763-0002
217/782-1233
The Department requests the submission of written comments within 45 days after the
publication of this Notice. The Department will consider all written comments it receives
during the first notice period as required by Section 5-40 of the Illinois Administrative
Procedure Act [5 ILCS 100/5-40].
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
anticipated by the Department when the most recent regulatory agendas were published.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER
12189
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
TITLE 89: SOCIAL SERVICES
CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 119
ILLINOIS CARES RX PROGRAM
Section
119.10
119.20
119.30
119.40
119.50
119.60
119.70
119.80
119.90
119.100
119.110
119.120
119.130
119.140
Definitions
Eligibility
Low Income Subsidy
Automatic Enrollment of Program Beneficiaries
Assignment and Coordination of Benefits
Covered Services
Prior Authorization and Preferred Drug List (PDL)
Illinois Cares Rx Basic Covered Prescription Drugs
Co-Payments and Cost Sharing
Pharmacy Payment
Inspection and Disclosure of Records
Establishment of Liens
Penalties
Penalties (Repealed)
AUTHORITY: Implementing the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act [320 ILCS 25] and implementing and authorized by Section 1213 of the Illinois Public Aid Code [305 ILCS 5/12-13] and Executive Order 2004-3.
SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 13816, effective October 1, 2004,
for a maximum of 150 days; adopted at 29 Ill. Reg. 4069, effective February 25, 2005;
emergency amendment at 30 Ill. Reg. 482, effective January 1, 2006, for a maximum of 150
days; emergency amendment modified in response to the Joint Committee on Administrative
Rules' Objection at 30 Ill. Reg. 5436, effective February 28, 2006, for the remainder of the
maximum 150 days; amended at 30 Ill. Reg. 10274, effective May 26, 2006; amended at 31 Ill.
Reg. 5537, effective March 26, 2007; emergency amendment at 32 Ill. Reg. 373, effective
January 1, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 7717, effective May 5,
2008; emergency amendment at 33 Ill. Reg. 1220, effective January 1, 2009, for a maximum of
150 days; amended at 33 Ill. Reg. 5765, effective May 1, 2009; amended at 34 Ill. Reg. 6788,
effective May 1, 2010; amended at 35 Ill. Reg. ______, effective ____________.
ILLINOIS REGISTER
12190
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Section 119.20 Eligibility
a)
Illinois Cares Rx Eligibility Qualifications
To be eligible for Illinois Cares Rx pharmaceutical benefits, an individual must
meet all of the following requirements:
1)
Be:
A)
65 years of age or older; or
B)
a disabled person.
2)
Be domiciled in Illinois at the time of filing an application, and during the
coverage period.
3)
BeExcept for individuals choosing Illinois Cares Rx Rebate, be enrolled in
a Coordinating Medicare Part D PDP if eligible for Medicare Part D.
4)
ApplyExcept for individuals choosing Illinois Cares Rx Rebate, apply for
all available subsidies under Medicare Part D. The Department may deem
individuals to be compliant with this requirement in cases where the
Department's data clearly indicates the individual would not be eligible for
any low income subsidy.
5)
Have a maximum household income at or below 200% of the Federal
Poverty Level (FPL).For 2006 and 2007 applications postmarked on or
before December 31, 2008, have a maximum household income as
described in subsection (a)(5)(A), (B) or (C). If any income eligibility
limit set forth in subsection (a)(5)(A), (B) or (C) is less than 200 percent
of the Federal Poverty Level (FPL) for any year, the income eligibility
limit for that year for households of that size shall be income equal to or
less than 200 percent of FPL.
A)
less than $21,218 for a household containing one person;
B)
less than $28,480 for a household containing two persons; or
C)
less than $35,740 for a household containing three or more
persons.
ILLINOIS REGISTER
12191
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
6)
7)
8)
b)
For 2008 applications postmarked on or before December 31, 2009, have a
maximum household income as described in subsection (a)(6)(A), (B) or
(C). If any income eligibility limit set forth in subsection (a)(6)(A), (B) or
(C) is less than 200 percent of the Federal Poverty Level (FPL) for any
year, the income eligibility limit for that year for households of that size
shall be income equal to or less than 200 percent of FPL.
A)
less than $22,218 for a household containing one person;
B)
less than $29,480 for a household containing two persons; or
C)
less than $36,740 for a household containing three or more
persons.
For 2009 applications submitted during calendar year 2010, and for
applications submitted during subsequent years, have a maximum
household income as described in subsection (a)(7)(A), (B) or (C). If any
income eligibility limit set forth in subsection (a)(7)(A), (B) or (C) is less
than 200 percent of the Federal Poverty Level (FPL) for any year, the
income eligibility limit for that year for households of that size shall be
income equal to or less than 200 percent of FPL.
A)
less than $27,610 for a household containing one person;
B)
less than $36,635 for a household containing two persons; or
C)
less than $45,657 for a household containing three or more
persons.
Individuals eligible for SeniorCare on December 31, 2005 will be
automatically determined eligible for and enrolled in Illinois Cares Rx
Plus for coverage year 2006; individuals eligible for Circuit Breaker
Pharmaceutical Assistance on December 31, 2005 will be automatically
determined eligible for and enrolled in Illinois Cares Rx Basic for
coverage year 2006.
Illinois Cares Rx Plus Eligibility Qualifications
ILLINOIS REGISTER
12192
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
To be eligible for Illinois Cares Rx Plus pharmaceutical benefits as described in
Section 119.60(a), an individual must meet all of the eligibility requirements
described in subsection (a) and meet the following requirements:
c)
1)
Be Medicare-eligible; or
2)
Meet the following requirements:
A)
Be a U.S. citizen or qualify as an eligible non-citizen pursuant to
89 Ill. Adm. Code 120.310; and
B)
Be 65 years of age or older.; and
C)
Have a maximum household income at or below 200 percent of
FPL guidelines published annually by the U.S. Department of
Health and Human Services. For applications received after
January 1, 2010, this amount shall be adjusted upward to disregard
19.53 percent of household income, an amount equivalent to the
2005 through 2009 Social Security and Supplemental Security
Income Cost of Living Adjustments.
Proof of Eligibility Qualifications
An applicant must submit proof of his or her eligibility qualifications as described
in subsections (a) and (b).
1)
Examples of proof of date of birth include:
A)
a baptismal record; or
B)
a birth certificate; or
C)
a driver's license; or
D)
an identification card from the Secretary of State's office; or
E)
an insurance policy; or
F)
naturalization papers.
ILLINOIS REGISTER
12193
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
2)
3)
d)
Examples of proof of disability include:
A)
proof that an applicant is eligible to receive disability benefits
under the federal Social Security Act of 1935 (see 42 USC 423); or
B)
issuance of an Illinois Disabled Person Identification Card stating
that an applicant is under a Class 2 disability, as defined in Section
4A of the Illinois Identification Card Act [15 ILCS 335/4A]; or
C)
status of an applicant as a disabled person determined by a
physician designated by the Department on Aging using the same
standards as used by the Social Security Administration with the
costs of any required examination paid by the applicant (see 42
USC 423); or
D)
receipt by an applicant of Railroad (see 45 USC 231), Civil
Service, or Veterans' total disability benefits (see 38 USC 101).
(See 320 ILCS 25/3.14.)
Applicants age 64 and older who are ineligible for Medicare must submit
proof of citizenship as set forth in section 6036 of the federal Deficit
Reduction Act of 2005. This requirement becomes inapplicable if federal
funding for these individuals becomes unavailable.
Income
Income shall be based on income for the full calendar year prior to the year the
applicant filed an application for pharmaceutical benefits, unless the applicant
requests consideration of projected income as described in subsections (d)(1)(A),
(B), (C), (D) and (E).
1)
Projected Income
A)
An applicant may request that projected income for the coverage
year be used as current income in determining eligibility at the
time an application is filed if projected income for the coverage
year will be lower than current income for the coverage year. The
application must include an itemized listing of current income for
the coverage year and projected income for the coverage year,
together with documentation for the lost sources of income used in
ILLINOIS REGISTER
12194
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
calculating projected income. The Department on Aging will
allow such a request and use projected income as current income in
processing the application if its use will enable an applicant to
qualify for this program.
B)
An applicant whose application has been denied for exceeding
maximum household income eligibility qualifications may file a
Schedule P requesting use of projected income for the coverage
year as current income for the coverage year in re-determining
eligibility if projected income for the coverage year will be lower
than current income for the coverage year. The Schedule must
include an itemized listing of current income for the coverage year
and projected income for the coverage year, together with
documentation for the lost sources of income used in calculating
projected income. The Department on Aging will allow such a
request and use projected income as current income in processing
the application if its use will enable an applicant to qualify for this
program.
C)
A beneficiary whose application has been approved for Illinois
Cares Rx Basic may file a Schedule P requesting use of projected
income for the coverage year as current income for the coverage
year in redetermining the eligibility for Illinois Cares Rx Plus if
projected income for the coverage year will be lower than current
income for the coverage year. The Schedule must include an
itemized listing of current income for the coverage year and
projected income for the coverage year, together with
documentation for the lost sources of income used in calculating
projected income. The Department on Aging will allow such a
request and use projected income as current income in processing
the application if its use will enable a beneficiary to qualify for
Illinois Cares Rx Plus.
D)
Amended applications for pharmaceutical assistance benefits must
be filed on the appropriate paper forms approved by the
Department on Aging prior to the expiration of the coverage year
for the coverage year at issue.
ILLINOIS REGISTER
12195
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
E)
A beneficiary may not use projected income for two consecutive
years, except in the case of hardship such as death, change in
marital status or retirement.
2)
Countable Income
The earned and unearned income of the applicant and his or her spouse (if
the spouse resides with the applicant) shall be counted when determining
eligibility.
3)
Assets shall not be considered.
4)
For applications processed after January 1, 2007, but received on or before
December 31, 2007, 6.91 percent of the household income is exempt from
consideration in determining eligibility. For 2007 applications,
postmarked on or before December 31, 2008, 10.44 percent of the
household income is exempt from consideration in determining eligibility.
For 2008 applications postmarked on or before December 31, 2009, 12.98
percent of the household income is exempt from consideration in
determining eligibility.
45)
Illinois Cares Rx Plus participants shall be exempt from the requirements
of 89 Ill. Adm. Code 102.210, Estate Claims, with regard to expenditures
made for Illinois Cares Rx benefits.
e)
An individual who is eligible for medical assistance with a spenddown may
participate in Illinois Cares Rx, if that individual meets all of the eligibility
requirements for participation in the program.
f)
An individual who receives benefits from any of the Medicare Savings programs,
the Qualified Medicare Beneficiary (QMB) program, the Specified Low Income
Medicare Beneficiary (SLIB) program, or the Qualified Individual (QI) program
may participate in Illinois Cares Rx, if that individual meets all of the eligibility
requirements for participation in the program.
g)
Application Process
1)
An application for pharmaceutical assistance benefits under the Act must
be filed on the appropriate paper or electronic forms approved by the
Department on Aging.
ILLINOIS REGISTER
12196
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
h)
2)
Individuals shall apply by completing and submitting an application as
specified by the Illinois Department on Aging.
3)
Spouses who live together in the same residence may apply on the same
application as long as the application contains both signatures.
4)
After eligibility is determined by the Illinois Department on Aging, notice
of the outcome shall be sent to the applicant.
5)
An individual enrolled in Illinois Cares Rx shall receive coverage under
his or her own name and unique Recipient Identification Number.
Enrollment Periods
1)
Enrollment shall be effective the first of the month no later than the
second month after the date when the applicant was determined to be
eligible for the program.
2)
The initial coverage period shall continue from the effective date of the
enrollment through the end of the calendar year following the year in
which the beneficiary filed the application for Illinois Cares Rx benefits.
3)
Individuals must reapply annually.
4)
Subsequent uninterrupted periods of enrollment shall be for 12 months and
shall be coincident with the calendar year.
i)
Authorization of Illinois Cares Rx
Once an individual has been determined eligible for Illinois Cares Rx, an Illinois
Cares Rx identification card shall be sent to the individual, unless the individual
elects to participate in the Illinois Cares Rx Rebate Program.
j)
Illinois Cares Rx coverage shall terminate:
1)
at the end of a participant's coverage period unless the participant
reapplies timely and is found to continue to be eligible;
2)
when a participant no longer resides in Illinois;
ILLINOIS REGISTER
12197
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
k)
3)
when a participant becomes an inmate of a public institution;
4)
upon a participant's death;
5)
upon discovery that the initial determination of the participant's eligibility
was incorrect; or
6)
when a participant not enrolled in Illinois Cares Rx Rebate fails to apply
for any low income subsidy available under Medicare Part D, except in
cases where the Department has deemed the individual to be compliant
based on the Department's data.
Appeal Rights
Any applicant or beneficiary aggrieved by action of the Department on Aging
under the Act, whether in the denial of an application or amended application may
request in writing that the Department on Aging reconsider its action, setting out
the facts on which the request is based. The Department on Aging will consider
the request and either affirm or modify its action.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 119.30 Low Income Subsidy
a)
To be eligible for Illinois Cares Rx, except for Illinois Cares Rx Rebate,
Medicare-eligible enrollees must apply for all available subsidies under Medicare
Part D. The Department may deem individuals to be compliant with this
requirement in cases where the Department's data clearly indicate the individual
would not be eligible for any low-income subsidy (LIS) as described in 89 Ill.
Adm. Code 127.
b)
Eligibility of individuals who do not apply for LIS, except in cases where
Department data clearly indicate the individual would not be eligible for any LIS,
may be terminated at the end of the month following the month in which written
notice of termination was given to the individual.
c)
If the beneficiary provides proof of application for LIS prior to the scheduled
termination date, eligibility will not be terminated.
ILLINOIS REGISTER
12198
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 119.50 Assignment and Coordination of Benefits
a)
Acceptance of benefits under Illinois Cares Rx, except for the Illinois Cares Rx
Rebate, constitutes assignment of benefits from any private plan of assistance,
including any insurance plan, public assistance program, or third party for
covered prescription drugs under this program.
b)
The Department shall charge or collect payments from any private plan of
assistance, including any insurance plan, public assistance program, or third party
for any claims assigned by a beneficiary.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 119.60 Covered Services
a)
Illinois Cares Rx Plus
1)
2)
For an individual enrolled in a Coordinating Medicare Part D Plan, except
for an individual who elects to participate in the Illinois Cares Rx Rebate
Program, coverage under the Illinois Cares Rx Plus Program shall consist
of:
A)
Payment to the individual's Coordinating Medicare Part D PDP for
premium and deductible and cost sharing expenses, except for
applicable cost sharing and co-payments set forth in Section
119.90 for pharmaceutical products covered by the individual's
Medicare Part D PDP.
B)
Payment to a pharmacy for pharmaceutical products excluded by
Medicare Part D but covered by the Medical Assistance Program
operated pursuant to Article V of the Public Aid Code, subject to
applicable cost sharing and co-payments set forth in Section
119.90.
For an individual not eligible for Medicare Part D, except for an individual
who elects to participate in the Illinois Cares Rx Rebate Program, covered
services under the Illinois Cares Rx Plus Program shall consist of payment
ILLINOIS REGISTER
12199
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
to a pharmacy for pharmaceutical products that are covered by the
Medical Assistance Program operated pursuant to Article V of the Public
Aid Code, subject to applicable cost sharing and co-payments set forth in
Section 119.90.
3)
For a Medicare-eligible individual who is enrolled in a non-coordinating
Medicare Part D PDP and not enrolled in the Illinois Cares Rx Rebate
Program, payment of the monthly Part D premium for basic coverage.
b)
Illinois Cares Rx Basic
ExceptExcept for an individual who elects to participate in the Illinois Cares Rx
Rebate Program, and except for those products prescribed as described in Section
119.80(k), covered services under the Illinois Cares Rx Basic Program shall
consist of payment to a pharmacy for pharmaceutical products that are prescribed
as described in Section 119.80, subject to applicable cost sharing and copayments set forth in Section 119.90.
c)
If a coordinating Medicare Part D PDP has an approved actuarially equivalent
benefit design pursuant to section 1860D-2(a)(3)(B) of the Social Security Act,
the Department may adjust the threshold at which a beneficiary begins paying 20
percent cost sharing if necessary for the PDP to coordinate administration of the
Illinois Cares Rx benefit with the Medicare Part D benefit. The threshold may not
be lower than $1,750.
d)
An individual determined eligible for Illinois Cares Rx who is enrolled in a thirdparty plan that provides a pharmacy benefit or a Medicare Part D PDP that is not a
Coordinating Medicare Part D PDP may choose the Illinois Cares Rx Rebate
option in lieu of receiving the covered services set forth in subsection (a), (b) or
(c) of this Section. An individual enrolled in Illinois Cares Rx Rebate receives his
or her benefit in the form of a monetary payment (a monthly payment of $25)
made to the individual. An individual who is enrolled in Medicare Part D and has
been determined eligible for the full low income subsidy (LIS) may not choose
the Illinois Cares Rx Rebate.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 119.90 Co-Payments and Cost Sharing
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Unless a federal low-income subsidy results in lesser co-payments and cost sharing, a beneficiary
enrolled in Illinois Cares Rx shall be responsible for payment of co-payments and cost sharing as
follows:
a)
Except for the cost-sharing described in subsection (c) of this Section, Medicareeligible beneficiaries shall pay a co-payment equal to the greater of the copayments required under Medicare Part D for "other low-income subsidy eligible
individuals" pursuant to 42 CFR 423.782(b), or $5 for each prescription of a Tier
1 drug, $20 for each prescription of a Tier 3 drug, and $15 for each prescription of
a Tier 2 or 4 drug on the Medicare Part D plan's formulary. Beneficiaries shall
pay $5 for each prescription of a generic drug and $15 for each prescription of a
brand name drug when the drug is a Medicare Part D-excluded drug covered by
the Department. Beneficiaries not eligible for Medicare shall pay a co-payment
of $5 for each prescription of a generic drug and $15 for each prescription of a
brand name drug when the drug is covered by the Department.The applicable copayment shall be equal to that required by Medicare Part D for "other low income
subsidy eligibles" pursuant to 42 CFR 423.782(b) (in 2006, those co-payments are
$2 for each dispensing of a generic prescription and $5 for each dispensing of a
brand name prescription). For individuals enrolled in Medicare Part D, copayments are $15 for each dispensing of a non-preferred drug.
b)
Except for cost sharing described in subsection (c), 2520 percent of the
reimbursable amount of the prescription plus the applicable co-payment for each
prescription dispensed after the Illinois Cares Rx benefit amount has reached
$1,750 for the calendar year or the beneficiary has reached the Medicare Part D
Coverage Gap phase.
c)
Effective January 1, 2007, for individuals enrolled in Medicare Part D who have
been identified to the Department as having a diagnosis of HIV or AIDS, the
applicable co-payment for drugs that are listed on the ADAP formulary shall be
equal to that required by Medicare Part D for "other low income subsidy
eligibles" pursuant to 42 CFR 423.782(b). The co-payments described in this
subsection paragraph are applicable throughout the Plan Year.
d)
For those enrolled in Medicare Part D, the Illinois Cares Rx benefit amount is the
total payments made by the PDP to pharmacies on behalf of the beneficiary,
whether paid as a part of the Medicare benefit or the Illinois Cares Rx benefit.
For those not eligible for Medicare Part D, the Illinois Cares Rx benefit amount is
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
the total payments made by the Department to pharmacies on behalf of the
beneficiary.
e)
A beneficiary also must pay to an authorized pharmacy an ancillary charge for
any covered prescription drug that is a brand name product if the pharmacy is
reimbursed at the generic price as provided in Section 119.100(b)(2) and (3).
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER
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1)
Heading of the Part: Medical Payment
2)
Code Citation: 89 Ill. Adm. Code 140
3)
Section Numbers:
140.80
140.82
140.84
4)
Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13],
730 ILCS 125/17
5)
Complete Description of the Subjects and Issues Involved: As a result of Public Act 961530, these proposed amendments extend the hospital assessment by one year, through
state fiscal year 2014, initiate a nursing home occupied bed tax of $6.07, and clarify that
delay of payment requests need to be received prior to assessment due dates for all
provider funds.
Proposed Action:
Amendment
Amendment
Amendment
The nursing home occupied bed tax increases annual revenue by approximately $145
million. As a result of negotiations between the long term care provider industry, the
Department and members of the Nursing Home Safety Task Force, $20 million of the
nursing facility tax collected will be used for the purposes of enforcement of nursing
home standards, support of the ombudsman program, and efforts to expand home and
community-based services. Additionally, the remaining revenue will be applied towards
enhanced nursing home payments recently proposed in rulemaking under 89 Ill. Adm.
Code 147.150 in the amount of $225 million.
6)
Published studies or reports, and sources of underlying data, used to compose this
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? No
10)
Are there any other proposed rulemakings pending on this Part? Yes
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Section Numbers:
140.462
140.438
Proposed Action:
Amendment
Amendment
Illinois Register Citation:
35 Ill. Reg. 11126; July 15, 2011
34 Ill. Reg. 10967; August 6, 2010
11)
Statement of Statewide Policy Objectives: This rulemaking does not affect units of local
government.
12)
Time, Place, and Manner in Which Interested Persons May Comment on this Proposed
Rulemaking: Any interested parties may submit comments, data, views, or arguments
concerning this proposed rulemaking. All comments must be in writing and should be
addressed to:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue E., 3rd Floor
Springfield IL 62763-0002
217/782-1233
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: Long-term facilities and providers.
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this Rulemaking was Summarized: July 2011
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
TITLE 89: SOCIAL SERVICES
CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
SUBCHAPTER d: MEDICAL PROGRAMS
PART 140
MEDICAL PAYMENT
SUBPART A: GENERAL PROVISIONS
Section
140.1
140.2
140.3
140.4
140.5
140.6
140.7
140.8
140.9
140.10
Incorporation By Reference
Medical Assistance Programs
Covered Services Under Medical Assistance Programs
Covered Medical Services Under AFDC-MANG for non-pregnant persons who
are 18 years of age or older (Repealed)
Covered Medical Services Under General Assistance
Medical Services Not Covered
Medical Assistance Provided to Individuals Under the Age of Eighteen Who Do
Not Qualify for AFDC and Children Under Age Eight
Medical Assistance For Qualified Severely Impaired Individuals
Medical Assistance for a Pregnant Woman Who Would Not Be Categorically
Eligible for AFDC/AFDC-MANG if the Child Were Already Born Or Who Do
Not Qualify As Mandatory Categorically Needy
Medical Assistance Provided to Incarcerated Persons
SUBPART B: MEDICAL PROVIDER PARTICIPATION
Section
140.11
140.12
140.13
140.14
140.15
140.16
140.17
140.18
140.19
Enrollment Conditions for Medical Providers
Participation Requirements for Medical Providers
Definitions
Denial of Application to Participate in the Medical Assistance Program
Recovery of Money
Termination or Suspension of a Vendor's Eligibility to Participate in the Medical
Assistance Program
Suspension of a Vendor's Eligibility to Participate in the Medical Assistance
Program
Effect of Termination or Revocation on Persons Associated with Vendor
Application to Participate or for Reinstatement Subsequent to Termination,
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.20
140.21
140.22
140.23
140.24
140.25
140.26
140.27
140.28
140.30
140.31
140.32
140.33
140.35
140.40
140.41
140.42
140.43
140.44
140.55
140.71
140.72
140.73
Suspension or Barring
Submittal of Claims
Reimbursement for QMB Eligible Medical Assistance Recipients and QMB
Eligible Only Recipients and Individuals Who Are Entitled to Medicare Part A or
Part B and Are Eligible for Some Form of Medicaid Benefits
Magnetic Tape Billings (Repealed)
Payment of Claims
Payment Procedures
Overpayment or Underpayment of Claims
Payment to Factors Prohibited
Assignment of Vendor Payments
Record Requirements for Medical Providers
Audits
Emergency Services Audits
Prohibition on Participation, and Special Permission for Participation
Publication of List of Sanctioned Entities
False Reporting and Other Fraudulent Activities
Prior Approval for Medical Services or Items
Prior Approval in Cases of Emergency
Limitation on Prior Approval
Post Approval for Items or Services When Prior Approval Cannot Be Obtained
Withholding of Payments Due to Fraud or Misrepresentation
Recipient Eligibility Verification (REV) System
Reimbursement for Medical Services Through the Use of a C-13 Invoice Voucher
Advance Payment and Expedited Payments
Drug Manual (Recodified)
Drug Manual Updates (Recodified)
SUBPART C: PROVIDER ASSESSMENTS
Section
140.80
140.82
140.84
140.94
140.95
140.96
140.97
Hospital Provider Fund
Developmentally Disabled Care Provider Fund
Long Term Care Provider Fund
Medicaid Developmentally Disabled Provider Participation Fee Trust
Fund/Medicaid Long Term Care Provider Participation Fee Trust Fund
Hospital Services Trust Fund
General Requirements (Recodified)
Special Requirements (Recodified)
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.98
140.99
140.100
140.101
140.102
140.103
140.104
140.110
140.116
140.117
140.200
140.201
140.202
140.203
140.300
140.350
140.360
140.361
140.362
140.363
140.364
140.365
140.366
140.367
140.368
140.369
140.370
140.371
140.372
140.373
140.374
140.375
140.376
140.390
140.391
140.392
140.394
140.396
Covered Hospital Services (Recodified)
Hospital Services Not Covered (Recodified)
Limitation On Hospital Services (Recodified)
Transplants (Recodified)
Heart Transplants (Recodified)
Liver Transplants (Recodified)
Bone Marrow Transplants (Recodified)
Disproportionate Share Hospital Adjustments (Recodified)
Payment for Inpatient Services for GA (Recodified)
Hospital Outpatient and Clinic Services (Recodified)
Payment for Hospital Services During Fiscal Year 1982 (Recodified)
Payment for Hospital Services After June 30, 1982 (Repealed)
Payment for Hospital Services During Fiscal Year 1983 (Recodified)
Limits on Length of Stay by Diagnosis (Recodified)
Payment for Pre-operative Days and Services Which Can Be Performed in an
Outpatient Setting (Recodified)
Copayments (Recodified)
Payment Methodology (Recodified)
Non-Participating Hospitals (Recodified)
Pre July 1, 1989 Services (Recodified)
Post June 30, 1989 Services (Recodified)
Prepayment Review (Recodified)
Base Year Costs (Recodified)
Restructuring Adjustment (Recodified)
Inflation Adjustment (Recodified)
Volume Adjustment (Repealed)
Groupings (Recodified)
Rate Calculation (Recodified)
Payment (Recodified)
Review Procedure (Recodified)
Utilization (Repealed)
Alternatives (Recodified)
Exemptions (Recodified)
Utilization, Case-Mix and Discretionary Funds (Repealed)
Subacute Alcoholism and Substance Abuse Services (Recodified)
Definitions (Recodified)
Types of Subacute Alcoholism and Substance Abuse Services (Recodified)
Payment for Subacute Alcoholism and Substance Abuse Services (Recodified)
Rate Appeals for Subacute Alcoholism and Substance Abuse Services
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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140.398
(Recodified)
Hearings (Recodified)
SUBPART D: PAYMENT FOR NON-INSTITUTIONAL SERVICES
Section
140.400
140.402
140.403
140.405
140.410
140.411
140.412
140.413
140.414
140.416
140.417
140.418
140.420
140.421
140.422
140.425
140.426
140.427
140.428
140.429
140.430
140.431
140.432
140.433
140.434
140.435
140.436
140.438
140.440
140.441
140.442
Payment to Practitioners
Copayments for Noninstitutional Medical Services
Telehealth Services
SeniorCare Pharmaceutical Benefit (Repealed)
Physicians' Services
Covered Services By Physicians
Services Not Covered By Physicians
Limitation on Physician Services
Requirements for Prescriptions and Dispensing of Pharmacy Items – Prescribers
Optometric Services and Materials
Limitations on Optometric Services
Department of Corrections Laboratory
Dental Services
Limitations on Dental Services
Requirements for Prescriptions and Dispensing Items of Pharmacy Items –
Dentists (Repealed)
Podiatry Services
Limitations on Podiatry Services
Requirement for Prescriptions and Dispensing of Pharmacy Items – Podiatry
(Repealed)
Chiropractic Services
Limitations on Chiropractic Services (Repealed)
Independent Clinical Laboratory Services
Services Not Covered by Independent Clinical Laboratories
Limitations on Independent Clinical Laboratory Services
Payment for Clinical Laboratory Services
Record Requirements for Independent Clinical Laboratories
Advanced Practice Nurse Services
Limitations on Advanced Practice Nurse Services
Imaging Centers
Pharmacy Services
Pharmacy Services Not Covered
Prior Approval of Prescriptions
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.443
140.444
140.445
140.446
140.447
140.448
140.449
140.450
140.451
140.452
140.453
140.454
140.455
140.456
140.457
140.458
140.459
140.460
140.461
140.462
140.463
140.464
140.465
140.466
140.467
140.469
140.470
140.471
140.472
140.473
140.474
140.475
140.476
140.477
140.478
140.479
140.480
Filling of Prescriptions
Compounded Prescriptions
Legend Prescription Items (Not Compounded)
Over-the-Counter Items
Reimbursement
Returned Pharmacy Items
Payment of Pharmacy Items
Record Requirements for Pharmacies
Prospective Drug Review and Patient Counseling
Mental Health Services
Definitions
Types of Mental Health Services
Payment for Mental Health Services
Hearings
Therapy Services
Prior Approval for Therapy Services
Payment for Therapy Services
Clinic Services
Clinic Participation, Data and Certification Requirements
Covered Services in Clinics
Clinic Service Payment
Hospital-Based and Encounter Rate Clinic Payments
Speech and Hearing Clinics (Repealed)
Rural Health Clinics (Repealed)
Independent Clinics
Hospice
Eligible Home Health Providers
Description of Home Health Services
Types of Home Health Services
Prior Approval for Home Health Services
Payment for Home Health Services
Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices
Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices for Which
Payment Will Not Be Made
Limitations on Equipment, Prosthetic Devices and Orthotic Devices
Prior Approval for Medical Equipment, Supplies, Prosthetic Devices and Orthotic
Devices
Limitations, Medical Supplies
Equipment Rental Limitations
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.481
140.482
140.483
140.484
140.485
140.486
140.487
140.488
140.490
140.491
140.492
140.493
140.494
140.495
140.496
140.497
140.498
Payment for Medical Equipment, Supplies, Prosthetic Devices and Hearing Aids
Family Planning Services
Limitations on Family Planning Services
Payment for Family Planning Services
Healthy Kids Program
Illinois Healthy Women
Healthy Kids Program Timeliness Standards
Periodicity Schedules, Immunizations and Diagnostic Laboratory Procedures
Medical Transportation
Limitations on Medical Transportation
Payment for Medical Transportation
Payment for Helicopter Transportation
Record Requirements for Medical Transportation Services
Psychological Services
Payment for Psychological Services
Hearing Aids
Fingerprint-Based Criminal Background Checks
SUBPART E: GROUP CARE
Section
140.500
140.502
140.503
140.504
140.505
140.506
140.507
140.510
140.511
140.512
140.513
140.514
140.515
140.516
140.517
140.518
140.519
140.520
Long Term Care Services
Cessation of Payment at Federal Direction
Cessation of Payment for Improper Level of Care
Cessation of Payment Because of Termination of Facility
Informal Hearing Process for Denial of Payment for New ICF/MR
Provider Voluntary Withdrawal
Continuation of Provider Agreement
Determination of Need for Group Care
Long Term Care Services Covered By Department Payment
Utilization Control
Notification of Change in Resident Status
Certifications and Recertifications of Care (Repealed)
Management of Recipient Funds – Personal Allowance Funds
Recipient Management of Funds
Correspondent Management of Funds
Facility Management of Funds
Use or Accumulation of Funds
Management of Recipient Funds – Local Office Responsibility
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.521
140.522
140.523
140.524
140.525
140.526
140.527
140.528
140.529
140.530
140.531
140.532
140.533
140.534
140.535
140.536
140.537
140.538
140.539
140.540
140.541
140.542
140.543
140.544
140.545
140.550
140.551
140.552
140.553
140.554
140.555
140.560
140.561
140.562
140.563
140.565
Room and Board Accounts
Reconciliation of Recipient Funds
Bed Reserves
Cessation of Payment Due to Loss of License
Quality Incentive Program (QUIP) Payment Levels
County Contribution to Medicaid Reimbursement (Repealed)
Quality Incentive Survey (Repealed)
Payment of Quality Incentive (Repealed)
Reviews (Repealed)
Basis of Payment for Long Term Care Services
General Service Costs
Health Care Costs
General Administration Costs
Ownership Costs
Costs for Interest, Taxes and Rent
Organization and Pre-Operating Costs
Payments to Related Organizations
Special Costs
Reimbursement for Basic Nursing Assistant, Developmental Disabilities Aide,
Basic Child Care Aide and Habilitation Aide Training and Nursing Assistant
Competency Evaluation
Costs Associated With Nursing Home Care Reform Act and Implementing
Regulations
Salaries Paid to Owners or Related Parties
Cost Reports – Filing Requirements
Time Standards for Filing Cost Reports
Access to Cost Reports (Repealed)
Penalty for Failure to File Cost Reports
Update of Operating Costs
General Service Costs Updates
Nursing and Program Costs
General Administrative Costs Updates
Component Inflation Index (Repealed)
Minimum Wage
Components of the Base Rate Determination
Support Costs Components
Nursing Costs
Capital Costs
Kosher Kitchen Reimbursement
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.566
140.567
140.568
140.569
140.570
140.571
140.572
140.573
140.574
140.575
140.576
140.577
140.578
140.579
140.580
140.581
140.582
140.583
140.584
140.590
140.642
140.643
140.645
140.646
140.647
140.648
140.649
140.650
140.651
140.652
140.680
140.700
140.830
140.835
Out-of-State Placement
Level II Incentive Payments (Repealed)
Duration of Incentive Payments (Repealed)
Clients With Exceptional Care Needs
Capital Rate Component Determination
Capital Rate Calculation
Total Capital Rate
Other Capital Provisions
Capital Rates for Rented Facilities
Newly Constructed Facilities (Repealed)
Renovations (Repealed)
Capital Costs for Rented Facilities (Renumbered)
Property Taxes
Specialized Living Centers
Mandated Capital Improvements (Repealed)
Qualifying as Mandated Capital Improvement (Repealed)
Cost Adjustments
Campus Facilities
Illinois Municipal Retirement Fund (IMRF)
Audit and Record Requirements
Screening Assessment for Nursing Facility and Alternative Residential Settings
and Services
In-Home Care Program
Home and Community Based Services Waivers for Medically Fragile,
Technology Dependent, Disabled Persons Under Age 21 (Repealed)
Reimbursement for Developmental Training (DT) Services for Individuals With
Developmental Disabilities Who Reside in Long Term Care (ICF and SNF) and
Residential (ICF/MR) Facilities
Description of Developmental Training (DT) Services
Determination of the Amount of Reimbursement for Developmental Training
(DT) Programs
Effective Dates of Reimbursement for Developmental Training (DT) Programs
Certification of Developmental Training (DT) Programs
Decertification of Day Programs
Terms of Assurances and Contracts
Effective Date Of Payment Rate
Discharge of Long Term Care Residents
Appeals of Rate Determinations
Determination of Cap on Payments for Long Term Care (Repealed)
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
SUBPART F: FEDERAL CLAIMING FOR STATE AND
LOCAL GOVERNMENTAL ENTITIES
Section
140.850
140.855
140.860
140.865
140.870
140.875
140.880
140.885
140.890
140.895
140.896
140.900
140.901
140.902
140.903
140.904
140.905
140.906
140.907
140.908
140.909
140.910
140.911
140.912
Reimbursement of Administrative Expenditures
Administrative Claim Review and Reconsideration Procedure
County Owned or Operated Nursing Facilities
Sponsor Qualifications (Repealed)
Sponsor Responsibilities (Repealed)
Department Responsibilities (Repealed)
Provider Qualifications (Repealed)
Provider Responsibilities (Repealed)
Payment Methodology (Repealed)
Contract Monitoring (Repealed)
Reimbursement For Program Costs (Active Treatment) For Clients in Long Term
Care Facilities For the Developmentally Disabled (Recodified)
Reimbursement For Nursing Costs For Geriatric Residents in Group Care
Facilities (Recodified)
Functional Areas of Needs (Recodified)
Service Needs (Recodified)
Definitions (Recodified)
Times and Staff Levels (Repealed)
Statewide Rates (Repealed)
Reconsiderations (Recodified)
Midnight Census Report (Recodified)
Times and Staff Levels (Recodified)
Statewide Rates (Recodified)
Referrals (Recodified)
Basic Rehabilitation Aide Training Program (Recodified)
Interim Nursing Rates (Recodified)
SUBPART G: MATERNAL AND CHILD HEALTH PROGRAM
Section
140.920
140.922
140.924
140.926
General Description
Covered Services
Maternal and Child Health Provider Participation Requirements
Client Eligibility (Repealed)
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.928
140.930
140.932
Client Enrollment and Program Components (Repealed)
Reimbursement
Payment Authorization for Referrals (Repealed)
SUBPART H: ILLINOIS COMPETITIVE ACCESS AND
REIMBURSEMENT EQUITY (ICARE) PROGRAM
Section
140.940
140.942
140.944
140.946
140.948
140.950
140.952
140.954
140.956
140.958
140.960
140.962
140.964
140.966
140.968
140.970
140.972
140.980
140.982
Illinois Competitive Access and Reimbursement Equity (ICARE) Program
(Recodified)
Definition of Terms (Recodified)
Notification of Negotiations (Recodified)
Hospital Participation in ICARE Program Negotiations (Recodified)
Negotiation Procedures (Recodified)
Factors Considered in Awarding ICARE Contracts (Recodified)
Closing an ICARE Area (Recodified)
Administrative Review (Recodified)
Payments to Contracting Hospitals (Recodified)
Admitting and Clinical Privileges (Recodified)
Inpatient Hospital Care or Services by Non-Contracting Hospitals Eligible for
Payment (Recodified)
Payment to Hospitals for Inpatient Services or Care not Provided under the
ICARE Program (Recodified)
Contract Monitoring (Recodified)
Transfer of Recipients (Recodified)
Validity of Contracts (Recodified)
Termination of ICARE Contracts (Recodified)
Hospital Services Procurement Advisory Board (Recodified)
Elimination Of Aid To The Medically Indigent (AMI) Program (Emergency
Expired)
Elimination Of Hospital Services For Persons Age Eighteen (18) And Older And
Persons Married And Living With Spouse, Regardless Of Age (Emergency
Expired)
SUBPART I: PRIMARY CARE CASE MANAGEMENT PROGRAM
Section
140.990
140.991
Primary Care Case Management Program
Primary Care Provider Participation Requirements
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
140.992
140.993
140.994
140.995
140.996
140.997
Populations Eligible to Participate in the Primary Care Case Management
Program
Care Management Fees
Panel Size and Affiliated Providers
Mandatory Enrollment
Access to Health Care Services
Payment for Services
SUBPART J: ALTERNATE PAYEE PARTICIPATION
Section
140.1001
140.1002
140.1003
140.1004
140.1005
Registration Conditions for Alternate Payees
Participation Requirements for Alternate Payees
Recovery of Money for Alternate Payees
Conditional Registration for Alternate Payees
Revocation of an Alternate Payee
SUBPART K: MANDATORY MCO ENROLLMENT
140.1010
Mandatory Enrollment in MCOs
140.TABLE A
140.TABLE B
140.TABLE C
140.TABLE D
140.TABLE E
140.TABLE F
140.TABLE G
140.TABLE H
140.TABLE I
140.TABLE J
140.TABLE K
140.TABLE L
140.TABLE M
Medichek Recommended Screening Procedures (Repealed)
Geographic Areas
Capital Cost Areas
Schedule of Dental Procedures
Time Limits for Processing of Prior Approval Requests
Podiatry Service Schedule
Travel Distance Standards
Areas of Major Life Activity
Staff Time and Allocation for Training Programs (Recodified)
HSA Grouping (Repealed)
Services Qualifying for 10% Add-On (Repealed)
Services Qualifying for 10% Add-On to Surgical Incentive Add-On
(Repealed)
Enhanced Rates for Maternal and Child Health Provider Services
AUTHORITY: Implementing and authorized by Articles III, IV, V, VI and Section 12-13 of the
Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI and 12-13].
ILLINOIS REGISTER
12215
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
SOURCE: Adopted at 3 Ill. Reg. 24, p. 166, effective June 10, 1979; rule repealed and new rule
adopted at 6 Ill. Reg. 8374, effective July 6, 1982; emergency amendment at 6 Ill. Reg. 8508,
effective July 6, 1982, for a maximum of 150 days; amended at 7 Ill. Reg. 681, effective
December 30, 1982; amended at 7 Ill. Reg. 7956, effective July 1, 1983; amended at 7 Ill. Reg.
8308, effective July 1, 1983; amended at 7 Ill. Reg. 8271, effective July 5, 1983; emergency
amendment at 7 Ill. Reg. 8354, effective July 5, 1983, for a maximum of 150 days; amended at 7
Ill. Reg. 8540, effective July 15, 1983; amended at 7 Ill. Reg. 9382, effective July 22, 1983;
amended at 7 Ill. Reg. 12868, effective September 20, 1983; peremptory amendment at 7 Ill.
Reg. 15047, effective October 31, 1983; amended at 7 Ill. Reg. 17358, effective December 21,
1983; amended at 8 Ill. Reg. 254, effective December 21, 1983; emergency amendment at 8 Ill.
Reg. 580, effective January 1, 1984, for a maximum of 150 days; codified at 8 Ill. Reg. 2483;
amended at 8 Ill. Reg. 3012, effective February 22, 1984; amended at 8 Ill. Reg. 5262, effective
April 9, 1984; amended at 8 Ill. Reg. 6785, effective April 27, 1984; amended at 8 Ill. Reg. 6983,
effective May 9, 1984; amended at 8 Ill. Reg. 7258, effective May 16, 1984; emergency
amendment at 8 Ill. Reg. 7910, effective May 22, 1984, for a maximum of 150 days; amended at
8 Ill. Reg. 7910, effective June 1, 1984; amended at 8 Ill. Reg. 10032, effective June 18, 1984;
emergency amendment at 8 Ill. Reg. 10062, effective June 20, 1984, for a maximum of 150 days;
amended at 8 Ill. Reg. 13343, effective July 17, 1984; amended at 8 Ill. Reg. 13779, effective
July 24, 1984; Sections 140.72 and 140.73 recodified to 89 Ill. Adm. Code 141 at 8 Ill. Reg.
16354; amended (by adding sections being codified with no substantive change) at 8 Ill. Reg.
17899; peremptory amendment at 8 Ill. Reg. 18151, effective September 18, 1984; amended at 8
Ill. Reg. 21629, effective October 19, 1984; peremptory amendment at 8 Ill. Reg. 21677,
effective October 24, 1984; amended at 8 Ill. Reg. 22097, effective October 24, 1984;
peremptory amendment at 8 Ill. Reg. 22155, effective October 29, 1984; amended at 8 Ill. Reg.
23218, effective November 20, 1984; emergency amendment at 8 Ill. Reg. 23721, effective
November 21, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 25067, effective
December 19, 1984; emergency amendment at 9 Ill. Reg. 407, effective January 1, 1985, for a
maximum of 150 days; amended at 9 Ill. Reg. 2697, effective February 22, 1985; amended at 9
Ill. Reg. 6235, effective April 19, 1985; amended at 9 Ill. Reg. 8677, effective May 28, 1985;
amended at 9 Ill. Reg. 9564, effective June 5, 1985; amended at 9 Ill. Reg. 10025, effective June
26, 1985; emergency amendment at 9 Ill. Reg. 11403, effective June 27, 1985, for a maximum of
150 days; amended at 9 Ill. Reg. 11357, effective June 28, 1985; amended at 9 Ill. Reg. 12000,
effective July 24, 1985; amended at 9 Ill. Reg. 12306, effective August 5, 1985; amended at 9 Ill.
Reg. 13998, effective September 3, 1985; amended at 9 Ill. Reg. 14684, effective September 13,
1985; amended at 9 Ill. Reg. 15503, effective October 4, 1985; amended at 9 Ill. Reg. 16312,
effective October 11, 1985; amended at 9 Ill. Reg. 19138, effective December 2, 1985; amended
at 9 Ill. Reg. 19737, effective December 9, 1985; amended at 10 Ill. Reg. 238, effective
December 27, 1985; emergency amendment at 10 Ill. Reg. 798, effective January 1, 1986, for a
maximum of 150 days; amended at 10 Ill. Reg. 672, effective January 6, 1986; amended at 10 Ill.
ILLINOIS REGISTER
12216
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Reg. 1206, effective January 13, 1986; amended at 10 Ill. Reg. 3041, effective January 24, 1986;
amended at 10 Ill. Reg. 6981, effective April 16, 1986; amended at 10 Ill. Reg. 7825, effective
April 30, 1986; amended at 10 Ill. Reg. 8128, effective May 7, 1986; emergency amendment at
10 Ill. Reg. 8912, effective May 13, 1986, for a maximum of 150 days; amended at 10 Ill. Reg.
11440, effective June 20, 1986; amended at 10 Ill. Reg. 14714, effective August 27, 1986;
amended at 10 Ill. Reg. 15211, effective September 12, 1986; emergency amendment at 10 Ill.
Reg. 16729, effective September 18, 1986, for a maximum of 150 days; amended at 10 Ill. Reg.
18808, effective October 24, 1986; amended at 10 Ill. Reg. 19742, effective November 12, 1986;
amended at 10 Ill. Reg. 21784, effective December 15, 1986; amended at 11 Ill. Reg. 698,
effective December 19, 1986; amended at 11 Ill. Reg. 1418, effective December 31, 1986;
amended at 11 Ill. Reg. 2323, effective January 16, 1987; amended at 11 Ill. Reg. 4002, effective
February 25, 1987; Section 140.71 recodified to 89 Ill. Adm. Code 141 at 11 Ill. Reg. 4302;
amended at 11 Ill. Reg. 4303, effective March 6, 1987; amended at 11 Ill. Reg.7664, effective
April 15, 1987; emergency amendment at 11 Ill. Reg. 9342, effective April 20, 1987, for a
maximum of 150 days; amended at 11 Ill. Reg. 9169, effective April 28, 1987; amended at 11 Ill.
Reg. 10903, effective June 1, 1987; amended at 11 Ill. Reg. 11528, effective June 22, 1987;
amended at 11 Ill. Reg. 12011, effective June 30, 1987; amended at 11 Ill. Reg. 12290, effective
July 6, 1987; amended at 11 Ill. Reg. 14048, effective August 14, 1987; amended at 11 Ill. Reg.
14771, effective August 25, 1987; amended at 11 Ill. Reg. 16758, effective September 28, 1987;
amended at 11 Ill. Reg. 17295, effective September 30, 1987; amended at 11 Ill. Reg. 18696,
effective October 27, 1987; amended at 11 Ill. Reg. 20909, effective December 14, 1987;
amended at 12 Ill. Reg. 916, effective January 1, 1988; emergency amendment at 12 Ill. Reg.
1960, effective January 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 5427,
effective March 15, 1988; amended at 12 Ill. Reg. 6246, effective March 16, 1988; amended at
12 Ill. Reg. 6728, effective March 22, 1988; Sections 140.900 thru 140.912 and 140.Table H and
140.Table I recodified to 89 Ill. Adm. Code 147.5 thru 147.205 and 147.Table A and 147.Table
B at 12 Ill. Reg. 6956; amended at 12 Ill. Reg. 6927, effective April 5, 1988; Sections 140.940
thru 140.972 recodified to 89 Ill. Adm. Code 149.5 thru 149.325 at 12 Ill. Reg. 7401; amended at
12 Ill. Reg. 7695, effective April 21, 1988; amended at 12 Ill. Reg. 10497, effective June 3,
1988; amended at 12 Ill. Reg. 10717, effective June 14, 1988; emergency amendment at 12 Ill.
Reg. 11868, effective July 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 12509,
effective July 15, 1988; amended at 12 Ill. Reg. 14271, effective August 29, 1988; emergency
amendment at 12 Ill. Reg. 16921, effective September 28, 1988, for a maximum of 150 days;
amended at 12 Ill. Reg. 16738, effective October 5, 1988; amended at 12 Ill. Reg. 17879,
effective October 24, 1988; amended at 12 Ill. Reg. 18198, effective November 4, 1988;
amended at 12 Ill. Reg. 19396, effective November 6, 1988; amended at 12 Ill. Reg. 19734,
effective November 15, 1988; amended at 13 Ill. Reg. 125, effective January 1, 1989; amended
at 13 Ill. Reg. 2475, effective February 14, 1989; amended at 13 Ill. Reg. 3069, effective
February 28, 1989; amended at 13 Ill. Reg. 3351, effective March 6, 1989; amended at 13 Ill.
ILLINOIS REGISTER
12217
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
Reg. 3917, effective March 17, 1989; amended at 13 Ill. Reg. 5115, effective April 3, 1989;
amended at 13 Ill. Reg. 5718, effective April 10, 1989; amended at 13 Ill. Reg. 7025, effective
April 24, 1989; Sections 140.850 thru 140.896 recodified to 89 Ill. Adm. Code 146.5 thru
146.225 at 13 Ill. Reg. 7040; amended at 13 Ill. Reg. 7786, effective May 20, 1989; Sections
140.94 thru 140.398 recodified to 89 Ill. Adm. Code 148.10 thru 148.390 at 13 Ill. Reg. 9572;
emergency amendment at 13 Ill. Reg. 10977, effective July 1, 1989, for a maximum of 150 days;
emergency expired November 28, 1989; amended at 13 Ill. Reg. 11516, effective July 3, 1989;
amended at 13 Ill. Reg. 12119, effective July 7, 1989; Section 140.110 recodified to 89 Ill. Adm.
Code 148.120 at 13 Ill. Reg. 12118; amended at 13 Ill. Reg. 12562, effective July 17, 1989;
amended at 13 Ill. Reg. 14391, effective August 31, 1989; emergency amendment at 13 Ill. Reg.
15473, effective September 12, 1989, for a maximum of 150 days; amended at 13 Ill. Reg.
16992, effective October 16, 1989; amended at 14 Ill. Reg. 190, effective December 21, 1989;
amended at 14 Ill. Reg. 2564, effective February 9, 1990; emergency amendment at 14 Ill. Reg.
3241, effective February 14, 1990, for a maximum of 150 days; emergency expired July 14,
1990; amended at 14 Ill. Reg. 4543, effective March 12, 1990; emergency amendment at 14 Ill.
Reg. 4577, effective March 6, 1990, for a maximum of 150 days; emergency expired August 3,
1990; emergency amendment at 14 Ill. Reg. 5575, effective April 1, 1990, for a maximum of 150
days; emergency expired August 29, 1990; emergency amendment at 14 Ill. Reg. 5865, effective
April 3, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 7141, effective April 27,
1990; emergency amendment at 14 Ill. Reg. 7249, effective April 27, 1990, for a maximum of
150 days; amended at 14 Ill. Reg. 10062, effective June 12, 1990; amended at 14 Ill. Reg. 10409,
effective June 19, 1990; emergency amendment at 14 Ill. Reg. 12082, effective July 5, 1990, for
a maximum of 150 days; amended at 14 Ill. Reg. 13262, effective August 6, 1990; emergency
amendment at 14 Ill. Reg. 14184, effective August 16, 1990, for a maximum of 150 days;
emergency amendment at 14 Ill. Reg. 14570, effective August 22, 1990, for a maximum of 150
days; amended at 14 Ill. Reg. 14826, effective August 31, 1990; amended at 14 Ill. Reg. 15366,
effective September 12, 1990; amended at 14 Ill. Reg. 15981, effective September 21, 1990;
amended at 14 Ill. Reg. 17279, effective October 12, 1990; amended at 14 Ill. Reg. 18057,
effective October 22, 1990; amended at 14 Ill. Reg. 18508, effective October 30, 1990; amended
at 14 Ill. Reg. 18813, effective November 6, 1990; Notice of Corrections to Adopted
Amendment at 15 Ill. Reg. 1174; amended at 14 Ill. Reg. 20478, effective December 7, 1990;
amended at 14 Ill. Reg. 20729, effective December 12, 1990; amended at 15 Ill. Reg. 298,
effective December 28, 1990; emergency amendment at 15 Ill. Reg. 592, effective January 1,
1991, for a maximum of 150 days; amended at 15 Ill. Reg. 1051, effective January 18, 1991;
amended at 15 Ill. Reg. 6220, effective April 18, 1991; amended at 15 Ill. Reg. 6534, effective
April 30, 1991; amended at 15 Ill. Reg. 8264, effective May 23, 1991; amended at 15 Ill. Reg.
8972, effective June 17, 1991; amended at 15 Ill. Reg. 10114, effective June 21, 1991; amended
at 15 Ill. Reg. 10468, effective July 1, 1991; amended at 15 Ill. Reg. 11176, effective August 1,
1991; emergency amendment at 15 Ill. Reg. 11515, effective July 25, 1991, for a maximum of
ILLINOIS REGISTER
12218
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
150 days; emergency expired December 22, 1991; emergency amendment at 15 Ill. Reg. 12919,
effective August 15, 1991, for a maximum of 150 days; emergency expired January 12, 1992;
emergency amendment at 15 Ill. Reg. 16366, effective October 22, 1991, for a maximum of 150
days; amended at 15 Ill. Reg. 17318, effective November 18, 1991; amended at 15 Ill. Reg.
17733, effective November 22, 1991; emergency amendment at 16 Ill. Reg. 300, effective
December 20, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 174, effective
December 24, 1991; amended at 16 Ill. Reg. 1877, effective January 24, 1992; amended at 16 Ill.
Reg. 3552, effective February 28, 1992; amended at 16 Ill. Reg. 4006, effective March 6, 1992;
amended at 16 Ill. Reg. 6408, effective March 20, 1992; expedited correction at 16 Ill. Reg.
11348, effective March 20, 1992; amended at 16 Ill. Reg. 6849, effective April 7, 1992; amended
at 16 Ill. Reg. 7017, effective April 17, 1992; amended at 16 Ill. Reg. 10050, effective June 5,
1992; amended at 16 Ill. Reg. 11174, effective June 26, 1992; emergency amendment at 16 Ill.
Reg. 11947, effective July 10, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 12186,
effective July 24, 1992; emergency amendment at 16 Ill. Reg. 13337, effective August 14, 1992,
for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 15109, effective September
21, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 15561, effective September 30,
1992; amended at 16 Ill. Reg. 17302, effective November 2, 1992; emergency amendment at 16
Ill. Reg. 18097, effective November 17, 1992, for a maximum of 150 days; amended at 16 Ill.
Reg. 19146, effective December 1, 1992; expedited correction at 17 Ill. Reg. 7078, effective
December 1, 1992; amended at 16 Ill. Reg. 19879, effective December 7, 1992; amended at 17
Ill. Reg. 837, effective January 11, 1993; amended at 17 Ill. Reg. 1112, effective January 15,
1993; amended at 17 Ill. Reg. 2290, effective February 15, 1993; amended at 17 Ill. Reg. 2951,
effective February 17, 1993; amended at 17 Ill. Reg. 3421, effective February 19, 1993; amended
at 17 Ill. Reg. 6196, effective April 5, 1993; amended at 17 Ill. Reg. 6839, effective April 21,
1993; amended at 17 Ill. Reg. 7004, effective May 17, 1993; emergency amendment at 17 Ill.
Reg. 11201, effective July 1, 1993, for a maximum of 150 days; emergency amendment at 17 Ill.
Reg. 15162, effective September 2, 1993, for a maximum of 150 days; emergency amendment
suspended at 17 Ill. Reg. 18902, effective October 12, 1993; emergency amendment at 17 Ill.
Reg. 18152, effective October 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg.
18571, effective October 8, 1993; emergency amendment at 17 Ill. Reg. 18611, effective October
1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 20999, effective November 24,
1993; emergency amendment repealed at 17 Ill. Reg. 22583, effective December 20, 1993;
amended at 18 Ill. Reg. 3620, effective February 28, 1994; amended at 18 Ill. Reg. 4250,
effective March 4, 1994; amended at 18 Ill. Reg. 5951, effective April 1, 1994; emergency
amendment at 18 Ill. Reg. 10922, effective July 1, 1994, for a maximum of 150 days; emergency
amendment suspended at 18 Ill. Reg. 17286, effective November 15, 1994; emergency
amendment repealed at 19 Ill. Reg. 5839, effective April 4, 1995; amended at 18 Ill. Reg. 11244,
effective July 1, 1994; amended at 18 Ill. Reg. 14126, effective August 29, 1994; amended at 18
Ill. Reg. 16675, effective November 1, 1994; amended at 18 Ill. Reg. 18059, effective December
ILLINOIS REGISTER
12219
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
19, 1994; amended at 19 Ill. Reg. 1082, effective January 20, 1995; amended at 19 Ill. Reg.
2933, effective March 1, 1995; emergency amendment at 19 Ill. Reg. 3529, effective March 1,
1995, for a maximum of 150 days; amended at 19 Ill. Reg. 5663, effective April 1, 1995;
amended at 19 Ill. Reg. 7919, effective June 5, 1995; emergency amendment at 19 Ill. Reg. 8455,
effective June 9, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 9297,
effective July 1, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 10252,
effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 13019, effective
September 5, 1995; amended at 19 Ill. Reg. 14440, effective September 29, 1995; emergency
amendment at 19 Ill. Reg. 14833, effective October 6, 1995, for a maximum of 150 days;
amended at 19 Ill. Reg. 15441, effective October 26, 1995; amended at 19 Ill. Reg. 15692,
effective November 6, 1995; amended at 19 Ill. Reg. 16677, effective November 28, 1995;
amended at 20 Ill. Reg. 1210, effective December 29, 1995; amended at 20 Ill. Reg. 4345,
effective March 4, 1996; amended at 20 Ill. Reg. 5858, effective April 5, 1996; amended at 20
Ill. Reg. 6929, effective May 6, 1996; amended at 20 Ill. Reg. 7922, effective May 31, 1996;
amended at 20 Ill. Reg. 9081, effective June 28, 1996; emergency amendment at 20 Ill. Reg.
9312, effective July 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 11332,
effective August 1, 1996; amended at 20 Ill. Reg. 14845, effective October 31, 1996; emergency
amendment at 21 Ill. Reg. 705, effective December 31, 1996, for a maximum of 150 days;
emergency amendment at 21 Ill. Reg. 3734, effective March 5, 1997, for a maximum of 150
days; amended at 21 Ill. Reg. 4777, effective April 2, 1997; amended at 21 Ill. Reg. 6899,
effective May 23, 1997; amended at 21 Ill. Reg. 9763, effective July 15, 1997; amended at 21 Ill.
Reg. 11569, effective August 1, 1997; emergency amendment at 21 Ill. Reg. 13857, effective
October 1, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 1416, effective December
29, 1997; amended at 22 Ill. Reg. 4412, effective February 27, 1998; amended at 22 Ill. Reg.
7024, effective April 1, 1998; amended at 22 Ill. Reg. 10606, effective June 1, 1998; emergency
amendment at 22 Ill. Reg. 13117, effective July 1, 1998, for a maximum of 150 days; amended at
22 Ill. Reg. 16302, effective August 28, 1998; amended at 22 Ill. Reg. 18979, effective
September 30, 1998; amended at 22 Ill. Reg. 19898, effective October 30, 1998; emergency
amendment at 22 Ill. Reg. 22108, effective December 1, 1998, for a maximum of 150 days;
emergency expired April 29, 1999; amended at 23 Ill. Reg. 5796, effective April 30, 1999;
amended at 23 Ill. Reg. 7122, effective June 1, 1999; emergency amendment at 23 Ill. Reg. 8236,
effective July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 9874, effective
August 3, 1999; amended at 23 Ill. Reg. 12697, effective October 1, 1999; amended at 23 Ill.
Reg. 13646, effective November 1, 1999; amended at 23 Ill. Reg. 14567, effective December 1,
1999; amended at 24 Ill. Reg. 661, effective January 3, 2000; amended at 24 Ill. Reg. 10277,
effective July 1, 2000; emergency amendment at 24 Ill. Reg. 10436, effective July 1, 2000, for a
maximum of 150 days; amended at 24 Ill. Reg. 15086, effective October 1, 2000; amended at 24
Ill. Reg. 18320, effective December 1, 2000; emergency amendment at 24 Ill. Reg. 19344,
effective December 15, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 3897,
ILLINOIS REGISTER
12220
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
effective March 1, 2001; amended at 25 Ill. Reg. 6665, effective May 11, 2001; amended at 25
Ill. Reg. 8793, effective July 1, 2001; emergency amendment at 25 Ill. Reg. 8850, effective July
1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11880, effective September 1,
2001; amended at 25 Ill. Reg. 12820, effective October 8, 2001; amended at 25 Ill. Reg. 14957,
effective November 1, 2001; emergency amendment at 25 Ill. Reg. 16127, effective November
28, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 16292, effective
December 3, 2001, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 514,
effective January 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 663, effective
January 7, 2002; amended at 26 Ill. Reg. 4781, effective March 15, 2002; emergency amendment
at 26 Ill. Reg. 5984, effective April 15, 2002, for a maximum of 150 days; amended at 26 Ill.
Reg. 7285, effective April 29, 2002; emergency amendment at 26 Ill. Reg. 8594, effective June
1, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 11259, effective July
1, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 12461, effective July
29, 2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 16593,
effective October 22, 2002; emergency amendment at 26 Ill. Reg. 12772, effective August 12,
2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13641, effective September 3, 2002;
amended at 26 Ill. Reg. 14789, effective September 26, 2002; emergency amendment at 26 Ill.
Reg. 15076, effective October 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg.
16303, effective October 25, 2002; amended at 26 Ill. Reg. 17751, effective November 27, 2002;
amended at 27 Ill. Reg. 768, effective January 3, 2003; amended at 27 Ill. Reg. 3041, effective
February 10, 2003; amended at 27 Ill. Reg. 4364, effective February 24, 2003; amended at 27 Ill.
Reg. 7823, effective May 1, 2003; amended at 27 Ill. Reg. 9157, effective June 2, 2003;
emergency amendment at 27 Ill. Reg. 10813, effective July 1, 2003, for a maximum of 150 days;
amended at 27 Ill. Reg. 13784, effective August 1, 2003; amended at 27 Ill. Reg. 14799,
effective September 5, 2003; emergency amendment at 27 Ill. Reg. 15584, effective September
20, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 16161, effective
October 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18629, effective
November 26, 2003; amended at 28 Ill. Reg. 2744, effective February 1, 2004; amended at 28 Ill.
Reg. 4958, effective March 3, 2004; emergency amendment at 28 Ill. Reg. 6622, effective April
19, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7081, effective May 3, 2004;
emergency amendment at 28 Ill. Reg. 8108, effective June 1, 2004, for a maximum of 150 days;
amended at 28 Ill. Reg. 9640, effective July 1, 2004; emergency amendment at 28 Ill. Reg.
10135, effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 11161,
effective August 1, 2004; emergency amendment at 28 Ill. Reg. 12198, effective August 11,
2004, for a maximum of 150 days; amended at 28 Ill. Reg. 13775, effective October 1, 2004;
amended at 28 Ill. Reg. 14804, effective October 27, 2004; amended at 28 Ill. Reg. 15513,
effective November 24, 2004; amended at 29 Ill. Reg. 831, effective January 1, 2005; amended
at 29 Ill. Reg. 6945, effective May 1, 2005; emergency amendment at 29 Ill. Reg. 8509, effective
June 1, 2005, for a maximum of 150 days; emergency amendment at 29 Ill. Reg. 12534, effective
ILLINOIS REGISTER
12221
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
August 1, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 14957, effective September
30, 2005; emergency amendment at 29 Ill. Reg. 15064, effective October 1, 2005, for a
maximum of 150 days; emergency amendment repealed by emergency rulemaking at 29 Ill. Reg.
15985, effective October 5, 2005, for the remainder of the maximum 150 days; emergency
amendment at 29 Ill. Reg. 15610, effective October 1, 2005, for a maximum of 150 days;
emergency amendment at 29 Ill. Reg. 16515, effective October 5, 2005, for a maximum of 150
days; amended at 30 Ill. Reg. 349, effective December 28, 2005; emergency amendment at 30 Ill.
Reg. 573, effective January 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 796,
effective January 1, 2006; amended at 30 Ill. Reg. 2802, effective February 24, 2006; amended at
30 Ill. Reg. 10370, effective May 26, 2006; emergency amendment at 30 Ill. Reg. 12376,
effective July 1, 2006, for a maximum of 150 days; emergency amendment at 30 Ill. Reg. 13909,
effective August 2, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 14280, effective
August 18, 2006; expedited correction at 31 Ill. Reg. 1745, effective August 18, 2006;
emergency amendment at 30 Ill. Reg. 17970, effective November 1, 2006, for a maximum of 150
days; amended at 30 Ill. Reg. 18648, effective November 27, 2006; emergency amendment at 30
Ill. Reg. 19400, effective December 1, 2006, for a maximum of 150 days; amended at 31 Ill.
Reg. 388, effective December 29, 2006; emergency amendment at 31 Ill. Reg. 1580, effective
January 1, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 2413, effective January 19,
2007; amended at 31 Ill. Reg. 5561, effective March 30, 2007; amended at 31 Ill. Reg. 6930,
effective April 29, 2007; amended at 31 Ill. Reg. 8485, effective May 30, 2007; emergency
amendment at 31 Ill. Reg. 10115, effective June 30, 2007, for a maximum of 150 days; amended
at 31 Ill. Reg. 14749, effective October 22, 2007; emergency amendment at 32 Ill. Reg. 383,
effective January 1, 2008, for a maximum of 150 days; peremptory amendment at 32 Ill. Reg.
6743, effective April 1, 2008; peremptory amendment suspended at 32 Ill. Reg. 8449, effective
May 21, 2008; suspension withdrawn by the Joint Committee on Administrative Rules at 32 Ill.
Reg. 18323, effective November 12, 2008; peremptory amendment repealed by emergency
rulemaking at 32 Ill. Reg. 18422, effective November 12, 2008, for a maximum of 150 days;
emergency expired April 10, 2009; peremptory amendment repealed at 33 Ill. Reg. 6667,
effective April 29, 2009; amended at 32 Ill. Reg. 7727, effective May 5, 2008; emergency
amendment at 32 Ill. Reg. 10480, effective July 1, 2008, for a maximum of 150 days; emergency
expired November 27, 2008; amended at 32 Ill. Reg. 17133, effective October 15, 2008;
amended at 33 Ill. Reg. 209, effective December 29, 2008; amended at 33 Ill. Reg. 9048,
effective June 15, 2009; emergency amendment at 33 Ill. Reg. 10800, effective June 30, 2009,
for a maximum of 150 days; amended at 33 Ill. Reg. 11287, effective July 14, 2009; amended at
33 Ill. Reg. 11938, effective August 17, 2009; amended at 33 Ill. Reg. 12227, effective October
1, 2009; emergency amendment at 33 Ill. Reg. 14324, effective October 1, 2009, for a maximum
of 150 days; emergency expired February 27, 2010; amended at 33 Ill. Reg. 16573, effective
November 16, 2009; amended at 34 Ill. Reg. 516, effective January 1, 2010; amended at 34 Ill.
Reg. 903, effective January 29, 2010; amended at 34 Ill. Reg. 3761, effective March 14, 2010;
ILLINOIS REGISTER
12222
11
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
NOTICE OF PROPOSED AMENDMENTS
amended at 34 Ill. Reg. 5215, effective March 25, 2010; amended at 34 Ill. Reg. 19517, effective
December 6, 2010; amended at 35 Ill. Reg. 394, effective December 27, 2010; amended at 35 Ill.
Reg. 7648, effective May 1, 2011; amended at 35 Ill. Reg. 7962, effective May 1, 2011;
amended at 35 Ill. Reg. 10000, effective June 15, 2011; amended at 35 Ill. Reg. ______,
effective ____________.
SUBPART C: PROVIDER ASSESSMENTS
Section 140.80 Hospital Provider Fund
a)
b)
Purpose and Contents
1)
The Hospital Provider Fund (Fund) was created in the State Treasury on
February 3, 2004 (see 305 ILCS 5/5A-8). Interest earned by the Fund
shall be credited to the Fund. The Fund shall not be used to replace any
funds appropriated to the Medicaid program by the General Assembly.
2)
The Fund is created for the purpose of receiving and disbursing monies in
accordance with this Section and 305 ILCS 5/5A-4 and 12.
3)
The Fund shall consist of:
A)
All monies collected or received by the Department under
subsection (b) of this Section;
B)
All federal matching funds received by the Department as a result
of expenditures made by the Department that are attributable to
monies deposited in the Fund;
C)
Any interest or penalty levied in conjunction with the
administration of the Fund;
D)
Monies transferred from another fund in the State treasury;
E)
All other monies received for the Fund from any other source,
including interest earned on those monies.
Provider Assessments
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1)
An annual assessment on hospital inpatient services is imposed on each
hospital provider in an amount equal to the hospital's occupied bed days
multiplied by $84.19 for State fiscal years 2004 and 2005, if the payment
methodologies required under 305 ILCS 5/5A-12 and the waiver created
under 42 CFR 433.68 are approved with an effective date prior to July 1,
2004; or the assessment will be imposed for fiscal year 2005 only, if the
payment methodologies required under 305 ILCS 5/5A-12 and the waiver
created under 42 CFR 433.68 are approved with an effective date on or
after July 1, 2004. The Department shall use the number of occupied bed
days as reported, by February 3, 2004 (the date of enactment of Public Act
93-0659), by each hospital on the Annual Survey of Hospitals conducted
by the Department of Public Health to calculate the hospital's annual
assessment. If the sum of a hospital's occupied bed days is not reported on
the Annual Survey of Hospitals or if there are data errors in the reported
sum of a hospital's occupied bed days as determined by the Department,
then the Department may obtain the sum of occupied bed days from any
source available, including, but not limited to, records maintained by the
hospital provider, which may be inspected at all times during business
hours of the day by the Department or its duly authorized agents and
employees.
2)
Subject to the provisions of 305 ILCS 5/5A-3 and 5A-10, for the privilege
of engaging in the occupation of hospital provider, beginning August 1,
2005, an annual assessment is imposed on each hospital provider for State
fiscal years 2006, 2007 and 2008, in an amount equal to 2.5835 percent of
the hospital provider's adjusted gross hospital revenue for inpatient
services and 2.5835 percent of the hospital provider's adjusted gross
hospital revenue for outpatient services. If the hospital provider's adjusted
gross hospital revenue is not available, then the Department may obtain
the hospital provider's adjusted gross hospital revenue from any source
available, including, but not limited to, records maintained by the hospital
provider, which may be inspected at all times during business hours of the
day by the Department or its duly authorized agents and employees.
3)
Subject to Sections 5A-3 and 5A-10 of the Public Aid Code, for State
fiscal years 2009 through 20142013, an annual assessment on inpatient
services is imposed on each hospital provider in an amount equal to
$218.38 multiplied by the difference of the hospital's occupied bed days
less the hospital's Medicare bed days. For State fiscal years 2009 through
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20142013, a hospital's occupied bed days and Medicare bed days shall be
determined using the most recent data available from each hospital's 2005
Medicare cost report as contained in the Healthcare Cost Report
Information System file, for the quarter ending on December 31, 2006,
without regard to any subsequent adjustments or changes to such data. If a
hospital's 2005 Medicare cost report is not contained in the Healthcare
Cost Report Information System, then the Department may obtain the
hospital provider's occupied bed days and Medicare bed days from any
source available, including, but not limited to, records maintained by the
hospital provider, which may be inspected at all times during business
hours of the day by the Department or its duly authorized agents and
employees.
c)
Payment of Assessment Due
1)
2)
For State fiscal years through 2008, the annual assessment shall be due
and payable in quarterly installments, each equaling one-fourth of the
assessment for the year on the 14th business day of September, December,
March and May. The assessment imposed by Section 5A-2 for State fiscal
year 2009 and each subsequent State fiscal year shall be due and payable
in monthly installments, each equaling one-twelfth of the assessment for
the year, on the 14th State business day of each month. No installment
payments of an assessment shall be due and payable, however, until after:
A)
The Department notifies the hospital provider, in writing, that the
payment methodologies to hospitals required under 305 ILCS
5/5A-12, 5A-12.1 or 5A-12.2, whichever is applicable for that
fiscal year, have been approved by CMS and any waiver necessary
under 42 CFR 433.68 has been granted by CMS; and
B)
For State fiscal years through 2008, the hospital has received
payments required under 305 ILCS 5/5A-12, 5A-12.1 or 5A-12.2,
whichever is applicable for that fiscal year. For State fiscal year
2009 and each subsequent State fiscal year, the Comptroller has
issued payments required under 305 ILCS 5/5A-12, 5A-12.1 or
5A-12.2, whichever is applicable for that fiscal year.
Assessment payments postmarked on the due date will be considered as
paid on time. Upon notification to the Department of approval of the
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payment methodologies to hospitals required under 305 ILCS 5/5A-12,
5A-12.1 or 5A-12.2, and any waiver necessary under 42 CFR 433.68 has
been granted by the CMS, all installments otherwise due prior to the date
of notification shall be due and payable to the Department upon written
direction from the Department and the receipt of the payments required
under Section 5A-12, 5A-12.1 or 5A-12.2.
d)
e)
3)
Any assessment amount that is due and payable to the Department more
frequently than once per calendar quarter shall be remitted to the
Department by the hospital provider by means of electronic funds transfer.
The Department may provide for remittance by other means if the amount
due is less than $10,000 or electronic funds transfer is unavailable for this
purpose.
4)
All payments received by the Department shall be credited first to unpaid
installment amounts (rather than to penalty or interest), beginning with the
most delinquent installments.
Notice Requirements, Penalty, and Maintenance of Records
1)
The Department shall send a notice of assessment to every hospital
provider subject to an assessment under subsection (b) of this Section,
except that no notice shall be sent until the Department receives written
notice that the payment methodologies to hospitals required under 305
ILCS 5/5A-12, 5A-12.1 or 5A-12.2 have been approved and the waiver
under 42 CFR 433.68 has been granted by CMS.
2)
If a hospital provider conducts, operates, or maintains more than one
hospital licensed by the Illinois Department of Public Health, a separate
notice shall be sent for each hospital.
Procedure for Partial Year Reporting/Operating Adjustments
1)
Cessation of business during the fiscal year in which the assessment is
being paid. If a hospital provider ceases to conduct, operate, or maintain a
hospital for which the person is subject to assessment under subsection (b)
of this Section, the assessment for the State fiscal year in which the
cessation occurs shall be adjusted by multiplying the assessment computed
under subsection (d) of this Section by a fraction, the numerator of which
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is the number of days in the year during which the provider conducts,
operates, or maintains the hospital and the denominator of which is 365.
Immediately upon ceasing to conduct, operate or maintain a hospital, the
person shall pay the assessment for the year as adjusted (to the extent not
previously paid).
2)
Commencing of business during the fiscal year in which the assessment is
being paid. A hospital provider who commences conducting, operating, or
maintaining a hospital for which the person is subject to assessment under
subsection (b) of this Section, upon notice by the Department, shall pay
the assessment under subsection (d) of this Section as computed by the
Department in installments on the due dates stated on the notices and on
the regular installment due dates for the State fiscal year occurring after
the due date of the initial assessment notice. For State fiscal years 2006
through 2008, in determining the annual assessment amount for the
provider, the Department shall develop hypothetical adjusted gross
hospital revenue for the hospital's first full fiscal year, which may be based
on the annualization of the provider's actual revenues for a portion of the
year, or revenues of a comparable hospital for the year, including revenues
realized by a prior hospital provider of the same hospital during the year.
For State fiscal years 2009 through 20142013, in the case of a hospital
provider that did not conduct, operate or maintain a hospital in 2005, the
assessment for that State fiscal year shall be computed on the basis of
hypothetical occupied bed days for the full calendar year as determined by
the Department. The assessment determination made by the Department
is final.
3)
Partial Calendar Year Operation Adjustment. For a hospital provider that
did not conduct, operate, or maintain a hospital throughout the entire
calendar year reporting period, the assessment for the State fiscal year
shall be annualized based on the provider's actual adjusted gross hospital
revenue information for the portion of the reporting period the hospital
was operational (dividing adjusted gross hospital revenue by the number
of days the hospital was in operation and then multiplying the amount by
365). Adjusted gross hospital revenue information reported by a prior
provider from the same hospital during the calendar year shall be used in
the annualization equation, if available.
4)
Change in Ownership and/or Operators. The full quarterly installment
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must be paid on the designated due dates regardless of changes in
ownership or operators. Liability for the payment of the assessment
amount (including past due assessments and any interest or penalties that
may have accrued against the amount) rests on the hospital provider
currently operating or maintaining the hospital regardless if these amounts
were incurred by the current owner or were incurred by previous owners.
Collection of delinquent assessment fees from previous providers will be
made against the current provider. Failure of the current provider to pay
any outstanding assessment liabilities incurred by previous providers shall
result in the application of penalties described in subsection (f)(1) of this
Section.
f)
Penalties
1)
2)
Any hospital that fails to pay the full amount of an installment when due
shall be charged, unless waived by the Department for reasonable cause, a
penalty equal to five percent of the amount of the installment not paid on
or before the due date, plus five percent of the portion thereof remaining
unpaid on the last day of each monthly period thereafter, not to exceed 100
percent of the installment amount not paid on or before the due date.
Waiver due to reasonable cause may include but is not limited to:
A)
provider has not been delinquent on payment of an assessment due,
within the last three calendar years from the time the delinquency
occurs.
B)
provider can demonstrate to the Department's satisfaction that a
payment was made prior to the due date.
C)
provider is a new owner/operator and the late payment occurred in
the quarter in which the new owner/operator assumed control of
the facility.
Within 30 days after the due date, the Department may begin recovery
actions against delinquent hospitals participating in the Medicaid Program.
Payments may be withheld from the hospital until the entire assessment,
including any interest and penalties, is satisfied or until a reasonable
repayment schedule has been approved by the Department. If a reasonable
agreement cannot be reached or if a hospital fails to comply with an
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agreement, the Department reserves the right to recover any outstanding
provider assessment, interest and penalty by recouping the amount or a
portion thereof from the hospital's future payments from the Department.
The provider may appeal this recoupment in accordance with the
Department's rules at 89 Ill. Adm. Code 104. The Department has the
right to continue recoupment during the appeal process. Penalties pursuant
to subsection (f)(1) of this Section will continue to accrue during the
recoupment process. Recoupment proceedings against the same hospital
two times in a fiscal year may be cause for termination from the Medicaid
Program. Failure by the Department to initiate recoupment activities
within 30 days shall not reduce the provider's liabilities nor shall it
preclude the Department from taking action at a later date.
3)
g)
h)
If the hospital does not participate in the Medicaid Program, or is no
longer doing business with the Department, or the Department cannot
recover the full amount due through the claims processing system, within
three months after the fee due date, the Department may begin legal action
to recover the monies, including penalties and interest owed, plus court
costs.
Delayed Payment – Groups of Hospitals
The Department may establish delayed payment of assessments and/or waive the
payment of interest and penalties for groups of hospitals such as disproportionate
share hospitals or all other hospitals when:
1)
The State delays payments to hospitals due to problems related to State
cash flow; or
2)
A cash flow bond pool's, or any other group financing plans', requests
from providers for loans are in excess of its scheduled proceeds such that a
significant number of hospitals will be unable to obtain a loan to pay the
assessment.
Delayed Payment – Individual Hospitals
In addition to the provisions of subsection (g) of this Section, the Department may
delay assessments for individual hospitals that are unable to make timely
payments under this Section due to financial difficulties. No delayed payment
arrangements shall extend beyond the last business day of the calendar quarter
following the quarter in which the assessment was to have been received by the
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Department as described in subsection (c) of this Section. The request must be
received by the Department prior to the due date of the assessment.
1)
Criteria. Delayed payment provisions may be instituted only under
extraordinary circumstances. Delayed payment provisions may be made
only to qualified hospitals who meet all of the following requirements:
A)
B)
The provider has experienced an emergency that necessitates
institution of delayed payment provisions. Emergency in this
instance is defined as a circumstance under which institution of the
payment and penalty provisions described in subsections (c)(1),
(c)(2), (f)(1) and (f)(2) of this Section would impose severe and
irreparable harm to the clients served. Circumstances that may
create such emergencies include, but are not limited to, the
following:
i)
Department system errors (either automated system or
clerical) that have precluded payments, or that have caused
erroneous payments such that the provider's ability to
provide further services to clients is severely impaired;
ii)
Cash flow problems encountered by a provider that are
unrelated to Department technical system problems and
that result in extensive financial problems to a facility,
adversely impacting on its ability to serve its clients.
The provider serves a significant number of clients under the
medical assistance program. "Significant" in this instance means:
i)
A hospital that serves a significant number of clients under
the medical assistance program; significant in this instance
means that the hospital qualifies as a disproportionate share
hospital (DSH) under 89 Ill. Adm. Code 148.120(a)(1)
through 148.120(a)(5); or qualifies as a Medicare DSH
hospital under the current federal guidelines.
ii)
A government-owned facility that meets the cash flow
criterion under subsection (h)(1)(A)(ii) of this Section.
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iii)
C)
A hospital that has filed for Chapter 11 bankruptcy and that
meets the cash flow criterion under subsection (h)(1)(A)(ii)
of this Section.
The provider must ensure thatfile a delay of payment request, as
defined under subsection (h)(3)(A) of this Section, is received by
the Department prior to the payment due date, and the request must
include a Cash Position Statement that is based upon current
assets, current liabilities and other data for a date that is less than
60 days prior to the date of filing. Any liabilities payable to
owners or related parties must not be reported as current liabilities
on the Cash Position Statement. A deferral of assessment
payments will be denied if any of the following criteria are met:
i)
The ratio of current assets divided by current liabilities is
greater than 2.0.
ii)
Cash, short term investments and long term investments
equal or exceed the total of accrued wages payable and the
assessment payment. Long term investments that are
unavailable for expenditure for current operations due to
donor restrictions or contractual requirements will not be
used in this calculation.
D)
The provider must show evidence of denial of an application to
borrow assessment funds through a cash flow bond pool or
financial institutions such as a commercial bank. The denial must
be 90 days old or less.
E)
The provider must sign an agreement with the Department that
specifies the terms and conditions of the delayed payment
provisions. The agreement shall contain the following provisions:
i)
Specific reasons for institution of the delayed payment
provisions;
ii)
Specific dates on which payments must be received and the
amount of payment that must be received on each specific
date described;
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iii)
The interest or a statement of interest waiver as described
in subsection (h)(5) of this Section that shall be due from
the provider as a result of institution of the delayed
payment provisions;
iv)
A certification stating that, should the entity be sold, the
new owners will be made aware of the liability and any
agreement selling the entity will include provisions that the
new owners will assume responsibility for repaying the
debt to the Department according to the original agreement;
v)
A certification stating that all information submitted to the
Department in support of the delayed payment request is
true and accurate to the best of the signator's knowledge;
and
vi)
Such other terms and conditions that may be required by
the Department.
2)
A hospital that does not meet the above criteria may request a delayed
payment schedule. The Department may approve the request,
notwithstanding the hospital not meeting the above criteria, upon a
sufficient showing of financial difficulties and good cause by the hospital.
If the request for a delayed payment schedule is approved, all other
conditions of this subsection (h) shall apply.
3)
Approval Process
A)
In order to receive consideration for delayed payment provisions,
providers must ensuresubmit their request is received by the
Department prior to the payment due date, in writing (telefax
requests are acceptable) to the Bureau of Program and
Reimbursement Analysis. The request must be received by the
date designated by the Department. Providers will be notified, in
writing, as to the due dates for submitting delay of payment
requests. Requests must be complete and contain all required
information before they are considered to have met the time
requirements for filing a delayed payment request. All telefax
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requests must be followed up with original written requests,
postmarked no later than the date of the telefax. The request must
include:
B)
i)
An explanation of the circumstances creating the need for
the delayed payment provisions;
ii)
Supportive documentation to substantiate the emergency
nature of the request including a cash position statement as
defined in subsection (h)(1)(C) of this Section, a denial of
application to borrow the assessment as defined in
subsection (h)(1)(D) of this Section and an explanation of
the risk of irreparable harm to the clients; and
iii)
Specification of the specific arrangements requested by the
provider.
The hospital shall be notified by the Department, in writing prior to
the assessment due date, of the Department's decision with regard
to the request for institution of delayed payment provisions. An
agreement shall be issued to the provider for all approved requests.
The agreement must be signed by the administrator, owner, chief
executive officer or other authorized representative and be received
by the Department prior to the first scheduled payment date listed
in such agreement.
4)
Waiver of Penalties. The penalties described in subsections (f)(1) and
(f)(2) of this Section may be waived upon approval of the provider's
request for institution of delayed payment provisions. In the event a
provider's request for institution of delayed payment provisions is
approved and the Department has received the signed agreement in
accordance with subsection (h)(3)(B) of this Section, such penalties shall
be permanently waived for the subject quarter unless the provider fails to
meet all of the terms and conditions of the agreement. In the event the
provider fails to meet all of the terms and conditions of the agreement, the
agreement shall be considered null and void and such penalties shall be
fully reinstated.
5)
Interest. The delayed payments shall include interest at a rate not to
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exceed the State of Illinois borrowing rate. The applicable interest rate
shall be identified in the agreement described in subsection (h)(1)(E) of
this Section. The interest may be waived by the Department if the facility's
current ratio, as described in subsection (h)(1)(C) of this Section, is 1.5 or
less and the hospital meets the criteria in subsections (h)(1)(A) and (B) of
this Section. Any such waivers granted shall be expressly identified in the
agreement described in subsection (h)(1)(E) of this Section.
6)
i)
Subsequent Delayed Payment Arrangements. Once a provider has
requested and received approval for delayed payment arrangements, the
provider shall not receive approval for subsequent delayed payment
arrangements until such time as the terms and conditions of any current
delayed payment agreement have been satisfied or unless the provider is in
full compliance with the terms of the current delayed payment agreement.
The waiver of penalties described in subsection (h)(4) of this Section shall
not apply to a provider that has not satisfied the terms and conditions of
any current delayed payment agreement.
Administration and Enforcement Provisions
The Department shall establish and maintain a listing of all hospital providers
appearing in the licensing records of the Department of Public Health, which shall
show each provider's name and principal place of business and the name and
address of each hospital operated, conducted, or maintained by the provider in this
State. The Department shall administer and enforce 305 ILCS 5/5A-1, 2, 3, 4, 5,
7, 8, 10 and 12 and collect the assessments and penalty assessments imposed
under 305 ILCS 5/5A-2 and 4. The Department, its Director, and every hospital
provider subject to assessment measured by occupied bed days shall have the
following powers, duties, and rights:
1)
The Department may initiate either administrative or judicial proceedings,
or both, to enforce the provisions of 305 ILCS 5/5A-1, 2, 3, 4, 5, 7, 8, 10
and 12. Administrative enforcement proceedings initiated shall be
governed by the Department's rules at 89 Ill. Adm. Code 104.200 through
104.330. Judicial enforcement proceedings initiated shall be governed by
the rules of procedure applicable in the courts of this State.
2)
No proceedings for collection, refund, credit, or other adjustment of an
assessment amount shall be issued more than three years after the due date
of the assessment, except in the case of an extended period agreed to in
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writing by the Department and the hospital provider before the expiration
of this limitation period.
j)
3)
Any unpaid assessment under 305 ILCS 5/5A-2 shall become a lien upon
the assets of the hospital upon which it was assessed. If any hospital
provider, outside the usual course of its business, sells or transfers the
major part of any one or more of the real property and improvements, the
machinery and equipment, or the furniture or fixtures of any hospital that
is subject to the provisions of 305 ILCS 5/5A-1, 2, 3, 4, 5, 7, 8, 10 and 12,
the seller or transferor shall pay the Department the amount of any
assessment, assessment penalty, and interest (if any) due from it under 305
ILCS 5/5A-2 and 4 up to the date of the sale or transfer. If the seller or
transferor fails to pay any assessment, assessment penalty, and interest (if
any) due, the purchaser or transferee of such asset shall be liable for the
amount of the assessment, penalties, and interest (if any) up to the amount
of the reasonable value of the property acquired by the purchaser or
transferee. The purchaser or transferee shall continue to be liable until the
purchaser or transferee pays the full amount of the assessment, penalties,
and interest (if any) up to the amount of the reasonable value of the
property acquired by the purchaser or transferee or until the purchaser or
transferee receives from the Department a certificate showing that such
assessment, penalty, and interest have been paid or a certificate from the
Department showing that no assessment, penalty, or interest is due from
the seller or transferor under 305 ILCS 5/5A-2, 4 and 5.
4)
Payments under 305 ILCS 5/5A-4 are not subject to the Illinois Prompt
Payment Act. Credits or refunds shall not bear interest.
5)
In addition to any other remedy provided for and without sending a notice
of assessment liability, the Department may collect an unpaid assessment
by withholding, as payment of the assessment, reimbursements or other
amounts otherwise payable by the Department to the hospital provider.
Exemptions
The following classes of providers are exempt from the assessment imposed
under 305 ILCS 5/5A-4 unless the exemption is adjudged to be unconstitutional
or otherwise invalid:
1)
A hospital provider that is a State agency, a State university, or a county
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with a population of 3,000,000 or more.
2)
A hospital provider that is a county with a population of less than
3,000,000 or a township, municipality, hospital district, or any other local
governmental unit.
3)
For State fiscal years 2004 through 20142013, a hospital provider,
described in section 1903(w)(3)(F) of the Social Security Act, whose
hospital does not charge for its services is exempt from the assessment
imposed by Section 5A-2 of the Public Aid Code.
4)
For State fiscal years 2004 and 2005, a hospital provider whose hospital is
licensed by the Department of Public Health as a psychiatric hospital.
5)
For State fiscal years 2004 and 2005, a hospital provider whose hospital is
licensed by the Department of Public Health as a rehabilitation hospital.
6)
For State fiscal years 2004 and 2005, a hospital provider whose hospital is
not a psychiatric hospital, rehabilitation hospital, or a children's hospital
and has an average length of inpatient stay greater than 25 days.
k)
Nothing in 305 ILCS 5/5A-4 shall be construed to prevent the Department from
collecting all amounts due under this Section pursuant to an assessment imposed
before February 3, 2004.
l)
Definitions.
As used in this Section, unless the context requires otherwise:
1)
"Adjusted gross hospital revenue for inpatient services" means inpatient
gross revenue less Medicare gross inpatient revenue, which shall be
determined using the most recent data available from each hospital's 2003
Medicare cost report as contained in the HCRIS file for the quarter ending
December 31, 2004, without regard to any subsequent adjustments or
changes to that data.
2)
"Adjusted gross hospital revenue for outpatient services" means outpatient
gross revenue less Medicare gross outpatient revenue, which shall be
determined using the most recent data available from each hospital's 2003
Medicare cost report as contained in the HCRIS file for the quarter ending
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December 31, 2004, without regard to any subsequent adjustments or
changes to such data.
3)
"CMS" means the Centers for Medicare and Medicaid Services of the U.S.
Department of Health and Human Services.
4)
"Department" means the Illinois Department of Healthcare and Family
Services.
5)
"Fund" means the Hospital Provider Fund.
6)
"HCRIS" means the federal Centers for Medicare and Medicaid Services
Healthcare Cost Report Information System.
7)
"Hospital" means an institution, place, building, or agency located in this
State that is subject to licensure by the Illinois Department of Public
Health under the Hospital Licensing Act, whether public or private and
whether organized for profit or not-for-profit.
8)
"Hospital provider" means a person licensed by the Department of Public
Health to conduct, operate, or maintain a hospital, regardless of whether
the person is a Medicaid provider. For purposes of this definition,
"person" means any political subdivision of the State, municipal
corporation, individual, firm, partnership, corporation, company, limited
liability company, association, joint stock association, or trust, or a
receiver, executor, trustee, guardian, or other representative appointed by
order of any court.
9)
"Inpatient Gross Revenue" means total inpatient gross revenue, as reported
on the HCRIS Worksheet C, Part 1, Column 6, Line 101, less the sum of
the following lines (including any subset lines of these lines):
A)
Line 34: Skilled Nursing Facility.
B)
Line 35: Other Nursing Facility.
C)
Line 35.01: Intermediate Care Facility for the Mentally Retarded.
D)
Line 36: Other Long Term Care.
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E)
Line 45: PBC Clinical Laboratory Services – Program Only.
F)
Line 60: Clinic.
G)
Line 63: Other Outpatient Services.
H)
Line 64: Home Program Dialysis.
I)
Line 65: Ambulance Services.
J)
Line 66: Durable Medical Equipment – Rented.
K)
Line 67: Durable Medical Equipment – Sold.
L)
Line 68: Other Reimbursable.
10)
"Medicare bed days" means, for each hospital, the sum of the number of
days that each bed was occupied by a patient who was covered by Title
XVIII of the Social Security Act, excluding days attributable to the routine
services provided to persons receiving skilled or intermediate long term
care services. Medicare bed days shall be computed separately for each
hospital operated or maintained by a hospital provider.
11)
"Medicare Gross Inpatient Revenue" means the sum of the following:
A)
The sum of the following lines from the HCRIS Worksheet D-4,
Column 2 (excluding the Medicare gross revenue attributable to
the routine services provided to patients in a psychiatric hospital, a
rehabilitation hospital, a distinct part psychiatric unit, a distinct
part rehabilitation unit or swing beds):
i)
Line 25: Adults and Pediatrics.
ii)
Line 26: Intensive Care Unit.
iii)
Line 27: Coronary Care Unit.
iv)
Line 28: Burn Intensive Care Unit.
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12)
13)
14)
v)
Line 29: Surgical Intensive Care Unit.
vi)
Line 30: Other Special Care Unit.
B)
From Worksheet D-4, Column 2, the amount from Line 103 less
the sum of Lines 60, 63, 64, 66, 67 and 68 (and any subset lines of
these lines).
C)
The amount from Worksheet D-6, Part 3, Column 3, Line 53.
"Medicare Gross Outpatient Revenue" means the amount from the HCRIS
Worksheet D, Part V, Line 101, Columns 5, 5.01, 5.02, 5.03 and 5.04 less
the sum of Lines 45, 60, 63, 64, 65, 66 and 67 (and any subset lines of
these lines).
"Occupied bed days" means the sum of the number of days that each bed
was occupied by a patient for all beds, excluding beds classified as long
term care beds and assessed a licensed bed fee during calendar year 2001.
Occupied bed days shall be computed separately for each hospital
operated or maintained by a hospital provider.
"Outpatient Gross Revenue" means the amount from the HCRIS
Worksheet C, Part I, Column 7, Line 101 less the sum of lines 45, 60, 63,
64, 65, 66, 67 and 68 (and any subset lines of these lines).
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 140.82 Developmentally Disabled Care Provider Fund
a)
Purpose and Contents
1)
The Developmentally Disabled Care Provider Fund was created in the
State Treasury on July 1, 1992, July 14, 1993 and July 1, 1995 (see 305
ILCS 5/5C-7). Interest earned by the Fund shall be credited to the Fund.
The Fund shall not be used to replace any funds appropriated to the
Medicaid program by the General Assembly.
2)
The Fund is created for the purpose of receiving and disbursing monies in
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accordance with this Section and 305 ILCS 5/5C-2 and 7.
3)
The Fund shall consist of:
A)
All monies collected or received by the Department under
subsection (b) of this Section;
B)
All federal matching funds received by the Department as a result
of expenditures made by the Department that are attributable to
monies deposited in the Fund;
C)
Any interest or penalty levied in conjunction with the
administration of the Fund;
D)
All other monies received for the Fund from any other source,
including interest earned thereon; and
E)
All monies transferred from the Medicaid Developmentally
Disabled Provider Participation Fee Trust Fund.
b)
Provider Assessments
Beginning on July 1, 1993, an assessment is imposed upon each developmentally
disabled care provider in an amount equal to six percent, or the maximum allowed
under federal regulation, whichever is less, of its adjusted gross developmentally
disabled care revenue for the prior State fiscal year. The revenue for each year
will be reported on the Developmentally Disabled Care Provider Tax form to be
filed by a date designated by the Department. The Department reserves the right
to audit the reported data. Effective January 1, 2008, the tax rate, allowed under
federal regulation at 42 CFR 433.68(f)(3)(i), is 5.5 percent.
c)
Payment of Assessment Due
1)
The assessment described in subsection (b) of this Section shall be due and
payable in quarterly installments, each equaling one-fourth of the
assessment for the year, on September 30, December 31, March 31, and
May 31 of the year, modified to accommodate weekends and holidays.
Providers will be notified, in writing, of the due dates. Assessment
payments postmarked on the due date will be considered paid on time.
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2)
d)
All payments received by the Department shall be credited first to unpaid
installment amounts (rather than to penalty or interest), beginning with the
most delinquent installments.
Reporting Requirements, Penalty, and Maintenance of Records
1)
After June 30 of each State fiscal year, and on or before September 30 of
the succeeding State fiscal year, every developmentally disabled care
provider subject to an assessment under subsection (b) of this Section shall
file a report with the Department. The report shall be on a form prepared
by the Department. The report shall include the adjusted gross
developmentally disabled care revenue from the State fiscal year just
ended and shall be utilized by the Department to calculate the assessment
for the State fiscal year commencing on the preceding July 1. If a
developmentally disabled care provider operates or maintains more than
one developmentally disabled care facility, a separate report shall be filed
for each facility. In the case of a developmentally disabled care provider
existing as a corporation or legal entity other than an individual, the report
filed by it shall be signed by its president, vice-president, secretary, or
treasurer or by its properly authorized agent.
2)
If the developmentally disabled care provider fails to file its report for a
State fiscal year on or before the due date of the report, there shall, unless
waived by the Department for reasonable cause, be added to the
assessment imposed in subsection (b) of this Section a penalty assessment
equal to 25 percent of the assessment imposed for the year.
3)
Every developmentally disabled care provider subject to an assessment
under subsection (b) of this Section shall keep records and books that will
permit the determination of adjusted gross developmentally disabled care
revenue on a State fiscal year basis. All such books and records shall be
maintained for a minimum of three years following the filing date of the
assessment report and shall, at all times during business hours of the day,
be subject to inspection by the Department or its duly authorized agents
and employees.
4)
Amended Assessment Reports. With the exception of amended
assessment reports filed in accordance with subsection (d)(5) or (6) of this
Section, an amended assessment report must be filed within 30 calendar
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days after the original report due date. The amended report must be
accompanied by a letter identifying the changes and the justification for
the amended report. The provider will be advised of any adjustments to
the original annual assessment amount through a written notification from
the Department. Penalties may be applied to the amount underpaid due to
a filing error.
e)
5)
Submission of Financial Audit Statements. All developmentally disabled
care providers are required to submit a copy of all financial statements
audited by an external, independent auditor to the Department within 30
days after the close of such externally performed financial audits. If the
provider's year end does not coincide with the June 30 ending date for the
assessment report, the provider must submit all financial audits covering
the tax report period. An amended assessment report must accompany
such external financial audit statements if the data submitted on the initial
tax report changes based upon the findings of such external financial
audits and as indicated in the audited external financial statements.
Penalties may be applied to the amount underpaid due to a filing error.
6)
Reconsideration of Adjusted Tax. If the Department, through an audit
conducted by the Department or its agent within three years after the end
of the fiscal year in which the assessment was due, changes the assessment
liability of a developmentally disabled care provider, the developmentally
disabled care provider may request a review or reconsideration of the
adjusted assessment within 30 days after the Department's notification of
the change in assessment liability. Requests for reconsideration of the
assessment adjustment shall not be considered if such requests are not
postmarked on or before the end of the 30 day review period. Penalties
may be applied to the amount underpaid due to a filing error.
Procedure for Partial Year Reporting/Operating Adjustments
1)
Cessation of business during the fiscal year in which the assessment is
being paid. For a developmentally disabled care provider who ceases to
conduct, operate, or maintain a facility for which the person is subject to
assessment under subsection (b) of this Section, the assessment for the
State fiscal year in which the cessation occurs shall be adjusted by
multiplying the assessment computed under subsection (d) of this Section
by a fraction, the numerator of which is the number of months in the year
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during which the provider conducts, operates, or maintains the facility and
the denominator of which is 12. The person shall file a final, amended
report with the Department not more than 30 calendar days after the
cessation, reflecting the adjustment, and shall pay with the final report the
assessment for the year as so adjusted, to the extent not previously paid.
2)
Commencing of business during the fiscal year in which the assessment is
being paid. A developmentally disabled care provider who commences
conducting, operating, or maintaining a facility for which the person is
subject to assessment under subsection (b) of this Section shall file an
initial return for the State fiscal year in which the commencement occurs
within 30 calendar days thereafter and shall pay the assessment under
subsection (d) of this Section as computed by the Department in equal
installments on the due date of the initial assessment determination and on
the regular installment due dates for the State fiscal year occurring after
the due date of the initial assessment determination. In determining the
annual assessment amount for the provider the Department shall develop
hypothetical annualized revenue projections based upon geographic
location, facility size and patient case mix. The assessment determination
made by the Department is final.
3)
Partial Fiscal Year Operation Adjustment. For a developmentally disabled
care provider that did not conduct, operate, or maintain a facility
throughout the entire fiscal year reporting period, the assessment for the
following State fiscal year shall be annualized based on the provider's
actual developmentally disabled care revenue for the portion of the
reporting period the facility was operational (dividing adjusted
developmentally disabled care revenue by the number of months the
facility was in operation and then multiplying that amount by 12).
Developmentally disabled care revenue realized by a prior provider from
the same facility during the fiscal year shall be used in the annualization
equation, if available.
4)
Change in Ownership and/or Operators. The full quarterly assessment
must be paid on the designated due dates regardless of changes in
ownership or operators. Liability for the payment of the assessment
amount (including past due assessments and any interest or penalties that
may have accrued against the amount) rests on the developmentally
disabled care provider currently operating or maintaining the
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developmentally disabled care facility regardless if these amounts were
incurred by the current owner or were incurred by previous owners.
Collection of delinquent assessment fees from previous providers will be
made against the current provider. Failure of the current provider to pay
any outstanding assessment liabilities incurred by previous providers shall
result in the application of penalties described in subsection (f)(1) of this
Section.
f)
Penalties
1)
2)
Any facility that fails to pay the full amount of an installment when due
shall be charged, unless waived by the Department for reasonable cause, a
penalty equal to five percent of the amount of the installment not paid on
or before the due date, plus five percent of the portion thereof remaining
unpaid on the last day of each monthly period thereafter, not to exceed 100
percent of the installment amount not paid on or before the due date.
Reasonable cause may include but is not limited to:
A)
a provider who has not been delinquent on payment of an
assessment due within the last three calendar years from the time
the delinquency occurs;
B)
a provider who can demonstrate to the Department's satisfaction
that a payment was made prior to the due date; or
C)
that the provider is a new owner/operator and the late payment
occurred in the quarter in which the new owner/operator assumed
control of the facility.
Within 30 days after the due date, the Department may begin recovery
actions against delinquent facilities participating in the Medicaid Program.
Payments may be withheld from the facility until the entire provider
assessment, including any penalties, is satisfied, or until a reasonable
repayment schedule has been approved by the Department. If a reasonable
agreement cannot be reached, or if the facility fails to comply with an
agreement the Department reserves the right to recover any outstanding
provider assessment, interest and penalty by recouping the amount or a
portion thereof from the provider's future payments from the Department.
The provider may appeal this recoupment in accordance with the
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Department's rules at 89 Ill. Adm. Code 104. The Department has the
right to continue recoupment during the appeal process. Penalties
pursuant to subsection (f)(1) of this Section will continue to accrue during
the recoupment process. Recoupment proceedings against the same
facility two times in a fiscal year may be cause for termination from the
Program. Failure by the Department to initiate recoupment activities
within 30 days shall not reduce the provider's liabilities nor shall it
preclude the Department from taking action at a later date.
3)
g)
h)
If the facility does not participate in the Medicaid Program, or is no longer
doing business with the Department, or the Department cannot recover the
full amount due through the claims processing system, within three
months of the assessment due date, the Department may begin legal action
to recover the monies, including penalties and interest owed, plus court
costs.
Delayed Payment – Groups of Facilities
The Department may establish delayed payment of assessments and/or waive the
payment of interest and penalties for groups of facilities when:
1)
the State delays payments to facilities due to problems related to State
cash flow; or
2)
a cash flow bond pool's or any other group financing plans' requests from
providers for loans are in excess of its scheduled proceeds such that a
significant number of facilities will be unable to obtain a loan to pay the
assessment.
Delayed Payment – Individual Facilities
In addition to the provisions of subsection (g) of this Section, the Department may
delay assessments for individual facilities that are unable to make timely
payments under this Section due to financial difficulties. No delayed payment
arrangements shall extend beyond the last business day of the calendar quarter
following the quarter in which the assessment was to have been received by the
Department as described in subsection (c) of this Section. The request must be
received by the Department prior to the date of the assessment.
1)
Criteria. Delayed payment provisions may be instituted only under
extraordinary circumstances. Delayed payment provisions shall be made
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only to qualified facilities who meet all of the following requirements:
A)
B)
C)
the facility has experienced an emergency which necessitates
institution of delayed payment provisions. Emergency in this
instance is defined as a circumstance under which institution of the
payment and penalty provisions described in subsections (c)(1),
(c)(2), (f)(1), (f)(2) and (f)(3) of this Section would impose severe
and irreparable harm to the clients served. Circumstances that may
create such emergencies include, but are not limited to, the
following:
i)
Department system errors (either automated system or
clerical) that have precluded payments, or that have caused
erroneous payments such that the facility's ability to
provide further services to clients is severely impaired;
ii)
cash flow problems encountered by a facility that are
unrelated to Department technical system problems and
that result in extensive financial problems to a facility
adversely impacting on its ability to serve its clients.
the facility serves a significant number of clients under the Medical
Assistance Program. Significant in this instance means:
i)
85 percent or more of their residents must be eligible for
public assistance;
ii)
a government-owned facility, that meets the cash flow
criteria under subsection (h)(1)(A)(ii) of this Section.
iii)
a provider who has filed for Chapter 11 bankruptcy that
meets the cash flow criterion under subsection (h)(1)(A)(ii)
of this Section.
the facility must ensure thatfile a delay of payment request, as
defined in subsection (h)(3)(A) of this Section, is received by the
Department prior to the payment due date, and the request must
include a Cash Position Statement that is based upon current
assets, current liabilities and other data for a date that is less than
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60 days prior to the date of filing. Any liabilities payable to
owners or related parties must not be reported as current liabilities
on the Cash Position Statement. A deferral of assessment
payments will be denied if any of the following criteria are met:
i)
the ratio of current assets divided by current liabilities is
greater than 2.0;
ii)
cash, short-term investments and long-term investments
equal or exceed the total of accrued wages payable and the
assessment payment. Long-term investments that are
unavailable for expenditure for current operations due to
donor restrictions or contractual requirements will not be
used in this calculation;
iii)
cash or other assets have been distributed during the
previous 90 days to owners or related parties in an amount
equal to or exceeding the assessment payment for
dividends, salaries in excess of those allowable under
Section 140.541 or payments for purchase of goods or
services in excess of cost as defined in Section 140.537.
D)
the facility, with the exception of government owned facilities,
must show evidence of denial of an application to borrow the
assessment funds through a cash flow bond pool or financial
institutions such as a commercial bank. The denial must be 90
days old or less.
E)
the facility must sign an agreement with the Department that
specifies the terms and conditions of the delayed payment
provisions. The agreement shall contain the following provisions:
i)
specific reasonsreason(s) for institution of the delayed
payment provisions;
ii)
specific dates on which payments must be received and the
amount of payment that must be received on each specific
date described;
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iii)
the interest or a statement of interest waiver as described in
subsection (h)(5) of this Section that shall be due from the
facility as a result of institution of the delayed payment
provisions;
iv)
a certification stating that, should the entity be sold, the
new owners will be made aware of the liability and any
agreement selling the entity will include provisions that the
new owners will assume responsibility for repaying the
debt to the Department according to the original agreement;
v)
a certification stating that all information submitted to the
Department in support of the delayed payment request is
true and accurate to the best of the signator's knowledge;
and
vi)
such other terms and conditions that may be required by the
Department.
2)
A facility that does not meet the criteria listed in subsection (h)(1) may
request a delayed payment schedule. The Department may approve the
request, notwithstanding the facility not meeting the above criteria, upon a
sufficient showing of financial difficulties and good cause by the facility.
If the request for a delayed payment schedule is approved, all other
conditions of this subsection (h) shall apply.
3)
Approval Process
A)
In order to receive consideration for delayed payment provisions,
facilities must ensure thatsubmit their request is received by the
Department prior to the payment due date, in writing (telefax
requests are acceptable) to the Bureau of Program and
Reimbursement Analysis. The request must be received by the due
date designated by the Department. Providers will be notified, in
writing, of the due dates for submitting delay of payment requests.
Requests must be complete and contain all required information
before they are considered to have met the time requirements for
filing a delayed payment request. All telefax requests must be
followed up with original written requests postmarked no later than
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the date of the telefax. The request must include:
B)
i)
an explanation of the circumstances creating the need for
the delayed payment provisions;
ii)
supportive documentation to substantiate the emergency
nature of the request and risk of irreparable harm to the
clients; and
iii)
specification of the specific arrangements requested by the
facility.
The facility shall be notified by the Department, in writing prior to
the assessment due date, of the Department's decision with regard
to the request for institution of delayed payment provisions. An
agreement shall be issued to the facility for all approved requests.
The agreement must be signed by the administrator, owner or other
authorized representative and be received by the Department prior
to the first scheduled payment date listed in such agreement.
4)
Waiver of Penalties. The penalties described in subsections (f)(1) and
(f)(2) of this Section may be waived upon approval of the facility's request
for institution of delayed payment provisions. In the event a facility's
request for institution of delayed payment provisions is approved and the
Department has received the signed agreement in accordance with
subsection (h)(3)(B) of this Section, such penalties shall be permanently
waived for the subject quarter unless the facility fails to meet all of the
terms and conditions of the agreement. In the event the facility fails to
meet all of the terms and conditions of the agreement, the agreement shall
be considered null and void and such penalties shall be fully reinstated.
5)
Interest. The delayed payments shall include interest at a rate not to
exceed the State of Illinois borrowing rate. The applicable interest rate
shall be identified in the agreement described in subsection (h)(1)(E) of
this Section. The interest may be waived by the Department if the facility's
current ratio, as described in subsection (h)(1)(C) of this Section, is 1.5 or
less and the facility meets the criteria in subsections (h)(1)(A) and (B) of
this Section. Any such waivers granted shall be expressly identified in the
agreement described in subsection (h)(1)(E) of this Section.
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6)
Subsequent Delayed Payment Arrangements. Once a facility has
requested and received approval for delayed payment arrangements, the
facility shall not receive approval for subsequent delayed payment
arrangements until such time as the terms and conditions of any current
delayed payment agreement have been satisfied or unless the provider is in
full compliance with the terms of the current delay of payment agreement.
The waiver of penalties described in subsection (h)(4) of this Section shall
not apply to a facility that has not satisfied the terms and conditions of any
current delayed payment agreement.
i)
Administration and Enforcement Provisions
The Department shall administer and enforce 305 ILCS 5/5C-6 and collect the
assessments, interest, and penalty assessments imposed under the law, using
procedures employed in its administration of this Code generally and, as it deems
appropriate, in a manner similar to that in which the Department of Revenue
administers and collects the retailers' occupation tax under the Retailers'
Occupation Tax Act ("ROTA").
j)
Nothing in 305 ILCS 5/5C shall be construed to prevent the Department from
collecting all amounts due under this Section pursuant to an assessment imposed
before July 1, 1995.
k)
Definitions
1)
"Adjusted gross developmentally disabled care revenue" means the
developmentally disabled care provider's total revenue for inpatient
residential services, less contractual allowances and discounts on patients'
accounts, but does not include non-patient revenue from sources such as
contributions, donations or bequests, investments, day training services,
television and telephone service, rental of facility space, or sheltered care
revenue. Adjusted gross developmentally disabled care revenue must be
reported on an accrual basis for the tax reporting period. All patient
revenue accrued during the tax reporting period must be included even
though reimbursement may occur after the tax reporting period. Patient
revenue must be reported on a basis that is consistent with methods used
on the facility's last two cost reports.
2)
"Contractual Allowance" means the difference between charges at
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established rates and the amount estimated to be paid by third party payors
or patients, as appropriate, pursuant to agreements/contracts with the
developmentally disabled care provider; courtesy and policy discounts
provided to employees, medical staff and clergy; and charity care, but
"contractual allowance" does not mean any Provider Participation
fees/taxes paid to the Department.
3)
"Department" means the Illinois Department of Healthcare and Family
Services.
4)
"Developmentally disabled care facility" means an intermediate care
facility for the mentally retarded within the meaning of Title XIX of the
Social Security Act, whether public or private and whether organized for
profit or not-for-profit, but shall not include any facility operated by the
State.
5)
"Developmentally disabled care provider" means a person conducting,
operating, or maintaining a developmentally disabled care facility. For
this purpose, "person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership, corporation,
company, limited liability company, association, joint stock association, or
trust, or a receiver, executor, trustee, guardian or other representative
appointed by order of any court.
6)
"Facility" means all intermediate care facilities as defined under
"Developmentally disabled care facility" (subsection (k)(4)).
7)
"Fund" means the Developmentally Disabled Care Provider Fund.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 140.84 Long Term Care Provider Fund
a)
Purpose and Contents
1)
The Long Term Care Provider Fund was created in the State Treasury on
July 1, 1992, July 14, 1993 and July 1, 1995 (see 305 ILCS 5/5B-8).
Interest earned by the Fund shall be credited to the Fund. The Fund shall
not be used to replace any funds appropriated to the Medicaid program by
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the General Assembly.
b)
2)
The Fund is created for the purpose of receiving and disbursing monies in
accordance with this Section and 305 ILCS 5/5B-2 and 8.
3)
The Fund shall consist of:
A)
All monies collected or received by the Department under
subsection (b) of this Section;
B)
All federal matching funds received by the Department as a result
of expenditures made by the Department that are attributable to
monies deposited in the Fund;
C)
Any interest or penalty levied in conjunction with the
administration of the Fund;
D)
All other monies received for the Fund from any other source,
including interest earned thereon; and
E)
All monies transferred from the Medicaid Long Term Care
Provider Participation Fee Trust Fund; and
EF)
All monies transferred from the Tobacco Products Tax Act.
License Fee and Provider Assessment
Beginning on July 1, 1993, a nursing home license fee is imposed upon each
nursing home provider in an amount equal to $1.50 for each licensed nursing bed
day for the calendar quarter in which the payment is due. All nursing beds subject
to licensure under the Nursing Home Care Act or the Hospital Licensing Act, with
the exception of swing-beds, as defined in subsection (k)(8) of this Section will be
used to calculate the licensed nursing bed days for each quarter. This license fee
shall not be billed or passed on to any resident of a nursing home operated by the
nursing home provider. Changes in the number of licensed nursing beds will be
reported to the Department quarterly, as described in subsection (d)(1) of this
Section. The Department reserves the right to audit the reported data. Beginning
July 1, 2011, an assessment is imposed upon each long-term care provider in an
amount equal to $6.07 times the number of occupied bed days due and payable
each month. This assessment shall be construed as a tax, but may not be added to
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the charges for an individual's nursing home care that is paid for in whole, or in
part, by a federal, State or combined federal-State medical care program.
c)
Payment of License Fee and Assessment Due
1)
The license fee described in subsection (b) of this Section shall be due and
payable in quarterly installments, on September 10, December 10, March
10, and June 10 of the year, modified to accommodate weekends and
holidays. Providers will be notified, in writing, of the quarterly due dates.
License fee payments postmarked on the due date will be considered as
paid on time.
2)
The assessment described in subsection (b) of this Section shall be due and
payable monthly, on the last State business day of the month for occupied
bed days reported for the preceding third month prior to the month in
which the tax is payable and due. A facility that has its payments from the
State delayed, due to the State's failure to reimburse for services rendered,
may request an extension on the due date for payment pursuant to
subsection (b) of this Section and shall pay each extended assessment
payment within 30 days after each reimbursement for services by the
Department. Each assessment payment shall be accompanied by an
assessment report to be completed for each long-term care facility in this
State operated by a long-term care provider. The report shall be in a form
and manner prescribed by the Department and shall, at a minimum,
provide for the reporting of the number of occupied bed days of the longterm care facility for the reporting period and other reasonable information
the Department requires for the administration of its responsibilities. To
the extent practicable, the Department shall coordinate the assessment
reporting requirements with other reporting required of long-term care
facilities.
32)
All payments received by the Department shall be credited first to unpaid
installment amounts (rather than to penalty or interest), beginning with the
most delinquent installments.
43)
County nursing homes directed and maintained pursuant to Section 5-1005
of the Counties Code may meet their license fee obligation by the county
government certifying to the Department that county expenditures have
been obligated for the operation of the county nursing home in an amount
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at least equal to the amount of the license fee. County governments
wishing to provide such certification must:
d)
A)
Sign a certification form certifying that the funds represent
expenditures eligible for federal financial participation under Title
XIX of the Social Security Act (42 USC 1396), and that these
funds are not federal funds, or are federal funds authorized by
federal law to be used to match other federal funds;
B)
Submit the certification document to the Department once a year
along with a copy of that portion of the county budget showing the
funds appropriated for the operation of the county nursing home.
These documents must be submitted within 30 days after the final
approval of the county budget;
C)
Submit the monthly claim form in the amount of the rate
established by the Department minus any third party liability
amount. This amount will be reduced by an amount determined by
the amount certified and the number of months remaining in the
fiscal year, prior to payment because a certification statement was
provided in lieu of an actual license fee payment; and
D)
Make records available upon request to the Department and/or the
United States Department of Health and Human Services
pertaining to the certification of county funds.
Reporting Requirements, Penalty, and Maintenance of Records
1)
On or before the due dates described in subsection (c)(1) of this Section,
each nursing home provider subject to a license fee under subsection (b) of
this Section shall file a report with the Department reflecting any changes
in the number of licensed nursing beds occurring during the reporting
quarter. The report shall be on a form prepared by the Department. The
changes will be reported quarterly and shall be submitted with the revised
quarterly license fee payment. For the purpose of calculating the license
fee described in subsection (b) of this Section, all changes in licensed
nursing beds will be effective upon approval of the change by the Illinois
Department of Public Health. Documentation showing the change in
licensed nursing beds, and the date the change was approved by the
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Illinois Department of Public Health, must be submitted to the Department
of Public Aid with the licensed nursing bed change form. If a nursing
home provider operates or maintains more than one nursing home, a
separate report shall be filed for each facility. In the case of a nursing
home provider existing as a corporation or legal entity other than an
individual, the report filed by it shall be signed by its president, vicepresident, secretary, or treasurer or by its properly authorized agent.
2)
After December 31 of each year, and on or before March 31 of the
succeeding year, every long-term care provider subject to assessment
under subsection (c)(2) of this Section shall file a report with the
Department. The report shall be in a form and manner prescribed by the
Department and shall state the revenue received by the long-term care
provider, reported in such categories as may be required by the
Department, and other reasonable information the Department requires for
the administration of its responsibilities.
32)
If the nursing home provider fails to file its report for a State fiscal year on
or before the due date of the report, there shall, unless waived by the
Department for reasonable cause, be added to the license fee imposed in
subsection (b) of this Section a penalty fee equal to 25 percent of the
assessmentlicense fee imposed for the year.
43)
Every nursing home provider subject to a license fee or assessment under
subsection (b) of this Section shall keep records and books that will permit
the determination of licensed nursing bed days on a quarterly basis and
occupied beds on a monthly basis. All such books and records shall be
maintained for a minimum of three years following the filing date of each
reportthe license fee report and shall, at all times during business hours of
the day, be subject to inspection by the Department or its duly authorized
agents and employees.
54)
Amended License Fee and Assessment Reports. With the exception of
amended license fee reports filed in accordance with subsection (d)(65) of
this Section, an amended license fee report or monthly assessment report
must be filed within 30 calendar days after the original report due date.
The amended report must be accompanied by a letter identifying the
changes and the justification for the amended report. The provider will be
advised of any adjustments to the original annual license fee amount
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through a written notification from the Department. Penalties may be
applied to the amount underpaid due to a filing error.
65)
e)
Reconsideration of Adjusted License Fee or Assessment. If the
Department, through an audit conducted by the Department or its agent
within three years after the end of the fiscal year in which the assessment
license fee or assessment was due, changes the license fee or assessment
liability of a nursing home provider, the nursing home provider may
request a review or reconsideration of the adjusted license fee or
assessment within 30 days after the Department's notification of the
change in license fee or assessment liability. Requests for reconsideration
of the license fee or assessment adjustment shall not be considered if
thosesuch requests are not postmarked on or before the end of the 30 day
review period. Penalties may be applied to the amount underpaid due to a
filing error.
Procedure for Partial Year Reporting/Operating Adjustments
1)
Cessation of business during the periodquarter in which the license fee or
assessment is being paid and the closure date has been set. A nursing
home provider who ceases to conduct, operate, or maintain a facility for
which the person is subject to the license fee imposed under subsection (b)
of this Section, and for which the closure date for the facility has been set,
shall file a final report with the Department on or before the due date for
the quarter in which the closure is to occur. The report will reflect the
adjusted number of days the facility is open during the reporting quarter
and shall be submitted with the final quarterly payment. Example: A
facility is set to close on September 24. On or before the due date for the
reporting quarter of July 1 through September 30, the facility will submit a
final report reflecting 86 days of operation (July 1 through September 24)
and the corresponding quarterly license fee payment.
2)
Cessation of business after the monthly or quarterly due date. A nursing
home provider who ceases to conduct, operate, or maintain a facility for
which the person is subject to the license fee or assessment imposed under
subsection (b) of this Section, and for which closure occurs after the due
date for the reporting quarter, but prior to the last day of the reporting
quarter, shall file an amended final report with the Department within 30
days after the closure date. The amended report will reflect the number of
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days the facility was operational during the reporting quarter and the
revised license fee amount. Upon verifying the data submitted on the
amended report, the Department will issue a refund for the amount
overpaid. Example: On December 10 a facility pays the license fee for 92
days covering the reporting quarter of October 1 through December 31.
The facility closes on December 27. An amended report reflecting 88
days, the actual number of days the facility was operational during the
quarter (October 1 through December 27) must be filed with the
Department.
3)
Cessation of business prior to the monthly or quarterly due date. A
nursing home provider who ceases to conduct, operate, or maintain a
facility for which the person is subject to the license fee imposed under
subsection (b) of this Section, and for which closure occurs prior to the
due date for the reporting quarter, shall file a final report with the
Department within 30 days after the closure date. The final report will
reflect the number of days the facility was operational during the reporting
periodquarter and the corresponding final license fee and assessment
amount. Closure dates will be verified with the Department of Public
Health, and if necessary adjustments will be made to the final license fee
and assessment due. Example: Facility closes on January 17. On or
before February 17, the facility must file a final report for the reporting
quarter of January 1 through March 31. The report would reflect 17 days
of operation (January 1 through January 17) during the quarter and must
be accompanied by the final license fee payment for the facility.
4)
Commencing of business during the fiscal year in which the license fee or
assessment is being paid. A nursing home provider who commences
conducting, operating, or maintaining a facility for which the person is
subject to the license fee or assessment imposed under subsection (b) of
this Section shall file an initial report for the reporting quarter in which the
commencement occurs within 30 calendar days thereafter and shall pay
the license fee and assessment under subsection (cd) of this Section.
5)
Change in Ownership and/or Operators. The full quarterly
assessment/license fee must be paid on the designated due dates regardless
of changes in ownership or operators. Liability for the payment of the
assessment/license fee amount (including past due assessment/license fees
and any interest or penalties that may have accrued against the amount)
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rests on the nursing home provider currently operating or maintaining the
nursing facility regardless if these amounts were incurred by the current
owner or were incurred by previous owners. Collection of delinquent
assessment/license fees from previous providers will be made against the
current provider. Failure of the current provider to pay any outstanding
assessment/license fee liabilities incurred by previous providers shall
result in the application of penalties described in subsection (f)(1) of this
Section.
f)
Penalties
1)
2)
Any nursing home provider that fails to pay the full amount of an
installment or assessment when due, or fails to report a change in licensed
nursing beds approved by the Department of Public Health prior to the due
date of the installment, shall be charged, unless waived by the Department
for reasonable cause, a penalty equal to five percent of the amount of the
installment or assessment not paid on or before the due date, plus five
percent of the portion thereof remaining unpaid on the last day of each
monthly period thereafter, not to exceed 100 percent of the installment or
assessment amount not paid on or before the due date. Reasonable cause
may include but is not limited to:
A)
a provider who has not been delinquent on payment of an
assessment due, within the last three calendar years from the time
the delinquency occurs;
B)
a provider who can demonstrate to the Department's satisfaction
that a payment was made prior to the due date; or
C)
that the provider is a new owner/operator and the late payment
occurred in the reporting periodquarter in which the new
owner/operator assumed control of the facility.
Within 30 days after the due date, the Department may begin recovery
actions against delinquent nursing home providers participating in the
Medicaid Program. Payments may be withheld from the provider until the
entire license fee or assessment, including any penalties, is satisfied or
until a reasonable repayment schedule has been approved by the
Department. If a reasonable agreement cannot be reached, or if a provider
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fails to comply with an agreement, the Department reserves the right to
recover any outstanding license fee, assessment, interest and penalty by
recouping the amount or a portion thereof from the provider's future
payments from the Department. The provider may appeal this recoupment
in accordance with the Department's rules at 89 Ill. Adm. Code 104. The
Department has the right to continue recoupment during the appeal
process. Penalties pursuant to subsection (f)(1) of this Section will
continue to accrue during the recoupment process. Recoupment
proceedings against the same nursing home provider two times in a fiscal
year may be cause for termination from the Program. Failure by the
Department to initiate recoupment activities within 30 days shall not
reduce the provider's liabilities nor shall it preclude the Department from
taking action at a later date.
3)
g)
h)
If the nursing home provider does not participate in the Medicaid
Program, or is no longer doing business with the Department, or the
Department cannot recover the full amount due through the claims
processing system, within three months after the license fee or assessment
due date, the Department may begin legal action to recover the monies,
including penalties and interest owed, plus court costs.
Delayed Payment – Groups of Facilities
The Department may establish delayed payment of fees/assessment and/or waive
the payment of interest and penalties for groups of facilities when:
1)
the State delays payments to facilities due to problems related to State
cash flow; or
2)
a cash flow bond pool's or any other group financing plans' requests from
providers for loans are in excess of its scheduled proceeds such that a
significant number of facilities will be unable to obtain a loan to pay the
license fee.
Delayed Payment – Individual Facilities
In addition to the provisions of subsection (g) of this Section, the Department may
delay license fees or assessments for individual facilities that are unable to make
timely payments under this Section due to financial difficulties. No delayed
payment arrangements shall extend beyond the last business day of the calendar
quarter following the quarter in which the license fee or the assessment payment
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was to have been received by the Department as described in subsection (c) of this
Section. The Department may not deny a request for delay of payment of the
assessment imposed in subsection (b) of this Section if the provider has not been
paid for services provided during the month in which the assessment is levied.
The request must be received by the Department prior to the due date of the
license fee or the assessment.
1)
Criteria. Delayed payment provisions may be instituted only under
extraordinary circumstances. Delayed payment provisions shall be made
only to qualified facilities who meet all of the following requirements:
A)
B)
the facility has experienced an emergency which necessitates
institution of delayed payment provisions. Emergency in this
instance is defined as a circumstance under which institution of the
payment and penalty provisions described in subsections (c)(1),
(c)(2), (f)(1), (f)(2) and (f)(3) of this Section would impose severe
and irreparable harm to the clients served. Circumstances which
may create such emergencies include, but are not limited to, the
following:
i)
Department system errors (either automated system or
clerical) which have precluded payments, or which have
caused erroneous payments such that the facility's ability to
provide further services to clients is severely impaired;
ii)
cash flow problems encountered by a facility which are
unrelated to Department technical system problems and
which result in extensive financial problems to a facility
adversely impacting on its ability to serve its clients.
the facility serves a significant number of clients under the Medical
Assistance Program. Significant in this instance means:
i)
85 percent or more of their residents must be eligible for
public assistance;
ii)
a government-owned facility, which meets the cash flow
criterion under subsection (h)(1)(A)(ii) of this Section;.
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iii)
C)
a provider who has filed for Chapter 11 bankruptcy, which
meets cash flow criterion under subsection (h)(1)(A)(ii) of
this Section.
the facility must ensure thatfile a delay of payment request, as
defined under subsection (h)(3)(A) of this Section, is received by
the Department and the request must include a Cash Position
Statement which is based upon current assets, current liabilities
and other data for a date which is less than 60 days prior to the date
of filing. Any liabilities payable to owners or related parties must
not be reported as current liabilities on the Cash Position
Statement. A deferral of license fee payments will be denied if any
of the following criteria are met:
i)
the ratio of current assets divided by current liabilities is
greater than 2.0;
ii)
cash, short term investments and long term investments
equal or exceed the total of accrued wages payable and the
license fee payment. Long term investments which are
unavailable for expenditure for current operations due to
donor restrictions or contractual requirements will not be
used in this calculation;
iii)
cash or other assets has been distributed during the
previous 90 days to owners or related parties in an amount
equal to or exceeding the license fee payment for
dividends, salaries in excess of those allowable under
Section 140.541 or payments for purchase of goods or
services in excess of cost as defined in Section 140.537.
D)
the facility, with the exception of government owned facilities,
must show evidence of denial of an application to borrow license
fee funds through a cash flow bond pool or financial institutions
such as a commercial bank. The denial must be 90 days old or
less.
E)
the facility must sign an agreement with the Department which
specifies the terms and conditions of the delayed payment
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provisions. The agreement shall contain the following provisions:
i)
specific reasonsreason(s) for institution of the delayed
payment provisions;
ii)
specific dates on which payments must be received and the
amount of payment which must be received on each
specific date described;
iii)
the interest or a statement of interest waiver as described in
subsection (h)(5) of this Section that shall be due from the
facility as a result of institution of the delayed payment
provisions;
iv)
a certification stating that, should the entity be sold, the
new owners will be made aware of the liability and any
agreement selling the entity will include provisions that the
new owners will assume responsibility for repaying the
debt to the Department according to the original agreement;
v)
a certification stating that all information submitted to the
Department in support of the delayed payment request is
true and accurate to the best of the signator's knowledge;
and
vi)
such other terms and conditions that may be required by the
Department.
2)
A facility that does not meet the above criteria may request a delayed
payment schedule, prior to the due date. The Department may approve the
request, notwithstanding the facility not meeting the above criteria, upon a
sufficient showing of financial difficulties and good cause by the facility.
If the request for a delayed payment schedule is approved, all other
conditions of this subsection (h) shall apply.
3)
Approval Process
A)
In order to receive consideration for delayed payment provisions,
facilities must ensuresubmit their request is received by the
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Department prior to the payment due date, in writing (telefax
requests are acceptable) to the Bureau of Program and
Reimbursement Analysis. The request must be received by the due
date designated by the Department. Providers will be notified, in
writing, of the due dates for submitting delay of payment requests.
Requests must be complete and contain all required information
before they are considered to have met the time requirements for
filing a delayed payment request. All telefax requests must be
followed up with original written requests, postmarked no later
than the date of the telefax. The request must include:
i)
an explanation of the circumstances creating the need for
the delayed payment provisions;
ii)
supportive documentation to substantiate the emergency
nature of the request including a cash position statement as
defined in subsection (h)(1)(C) of this Section; a denial of
application to borrow the license fee as defined in
subsection (h)(1)(D) of this Section and an explanation of
the risk of irreparable harm to the clients; and
iii)
specification of the specific arrangements requested by the
facility.
B)
The facility shall be notified by the Department, in writing prior to
the license fee or assessment due date, of the Department's
decision with regard to the request for institution of delayed
payment provisions. An agreement shall be issued to the facility
for all approved requests. The agreement must be signed by the
administrator, owner or other authorized representative and be
received by the Department prior to the first scheduled payment
date listed in such agreement.
4)
Waiver of Penalties. The penalties described in subsections (f)(1)
and (f)(2) of this Section may be waived upon approval of the
facility's request for institution of delayed payment provisions. In
the event a facility's request for institution of delayed payment
provisions is approved and the Department has received the signed
agreement in accordance with subsection (h)(3)(B) of this Section,
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such penalties shall be permanently waived for the subject quarter
unless the facility fails to meet all of the terms and conditions of
the agreement. In the event the facility fails to meet all of the
terms and conditions of the agreement, the agreement shall be
considered null and void and such penalties shall be fully
reinstated.
5)
Interest. The delayed payments shall include interest at a rate not
to exceed the State of Illinois borrowing rate. The applicable
interest rate shall be identified in the agreement described in
subsection (h)(1)(E) of this Section. The interest may be waived by
the Department if the facility's current ratio, as described in
subsection (h)(1)(C) of this Section, is 1.5 or less and the facility
meets the criteria in subsections (h)(1)(A) and (B) of this Section.
Any such waivers granted shall be expressly identified in the
agreement described in subsection (h)(1)(E) of this Section.
6)
Subsequent Delayed Payment Arrangements. Once a facility has
requested and received approval for delayed payment
arrangements, the facility shall not receive approval for subsequent
delayed payment arrangements until such time as the terms and
conditions of any current delayed payment agreement have been
satisfied or unless the provider is in full compliance with the terms
of the current delay of payment agreement. The waiver of
penalties described in subsection (h)(4) of this Section shall not
apply to a facility that has not satisfied the terms and conditions of
any current delayed payment agreement.
i)
Administration and Enforcement Provisions
The Department shall administer and enforce 305 ILCS 5/5B-7, and collect the
license fees, assessments, interest, and penalty fees imposed under the law, using
procedures employed in its administration of this Code generally and, as it deems
appropriate, in a manner similar to that in which the Department of Revenue
administers and collects the retailers' occupation tax under the Retailers'
Occupation Tax Act ("ROTA").
j)
Nothing in 305 ILCS 5/5B shall be construed to prevent the Department from
collecting all amounts due under this Section pursuant to an assessment imposed
before July 1, 1995.
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k)
Definitions
As used in this Section, unless the context requires otherwise:
1)
"Department" means the Illinois Department of Healthcare and Family
ServicesPublic Aid.
2)
"Fund" means the Long-Term Care Provider Fund.
3)
"Hospital provider" means a person licensed by the Department of Public
Health to conduct, operate, or maintain a hospital, regardless of whether
the person is a Medicaid provider. For purposes of this definition,
"person" means any political subdivision of the State, municipal
corporation, individual, firm, partnership, corporation, company, limited
liability company, association, joint stock association, or trust, or a
receiver, executor, trustee, guardian, or other representative appointed by
order of any court.
4)
"Licensed nursing bed days" means, with respect to a nursing home
provider, the sum for all nursing beds, with the exception of swing-beds,
as described in subsection (k)(118) of this Section, of the number of days
during a calendar quarter on which each bed is covered by a license issued
to that provider under the Nursing Home Care Act or the Hospital
Licensing Act.
5)
"Long-term care facility" means a nursing facility, whether public or
private and whether organized for profit or not-for-profit, that is subject to
licensure by the Illinois Department of Public Health under the Nursing
Home Care Act or the MR/DD Community Care Act, including a county
nursing home directed and maintained under Section 5-1005 of the
Counties Code, and a part of a hospital in which skilled or intermediate
long-term care services within the meaning of Title XVIII or XIX of the
Social Security Act are provided; except that the term "long-term care
facility" does not include a facility operated by a State agency or operated
solely as an intermediate care facility for the mentally retarded within the
meaning of Title XIX of the Social Security Act.
6)
"Long-term care provider" means a person licensed by the Department of
Public Health to operate and maintain a skilled nursing or intermediate
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long-term care facility or a hospital provider that provides skilled or
intermediate long-term care services within the meaning of Title XVII or
XIX of the Social Security Act. For purposes of this definition, "person"
means any political subdivision of the State, municipal corporation,
individual, firm, partnership, corporation, company, limited liability
company, association, joint stock association, or trust, or a receiver,
executor, trustee, guardian, or other representative appointed by order of
any court.
75)
"Nursing home" means a skilled nursing or intermediate long-term care
facility, whether public or private and whether organized for profit or notfor-profit, that is subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act, including a county nursing
home directed and maintained under Section 5-1005 of the Counties Code;
and a part of a hospital in which skilled or intermediate long-term care
services within the meaning of Title XVIII or XIX of the Social Security
Act are provided. However, the term "nursing home" does not include a
facility operated solely as an intermediate care facility for the mentally
retarded within the meaning on Title XIX of the Social Security Act.
86)
"Nursing home provider" means a person licensed by the Department of
Public Health to operate and maintain a skilled nursing or intermediate
long-term care facility which charges its residents, a third party payor,
Medicaid, of Medicare for skilled nursing or intermediate long-term care
services; or a hospital provider that provides skilled or intermediate longterm care services within the meaning of Title XVIII or XIX of the Social
Security Act.
9)
"Occupied bed days" shall be computed separately for each long-term care
facility operated or maintained by a long-term care provider, and means
the sum, for all beds, of the number of days during the month on which
each bed was occupied by a resident, other than a resident for whom
Medicare Part A is primary payer.
107)
"Person" means, in addition to natural persons, any political subdivision
of the State, municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association, joint stock
association, or trust, or a receiver, executor, trustee, guardian, or other
representative appointed by order of any court.
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118)
"Swing-beds" means those beds for which a hospital provider has been
granted an approval from the federal Health Care Financing
Administration to provide post-hospital extended care services (42 CFR
409.30, October 1, 1991) and be reimbursed as a swing-bed hospital (42
CFR 413.114, October 1, 1991).
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: Departmental Duties
2)
Code Citation: 2 Ill. Adm. Code 552
3)
Section Number:
552.30
4)
Statutory Authority: Section 20-20 of the State Officials and Employees Ethics Act [5
ILCS 430/20-20]
5)
A Complete Description of the Subjects and Issues Involved: The intent of this
amendatory rulemaking is to update only organizational information as to the statutory
additions to the Executive Inspector General’s Office of the Secretary of State.
6)
Published studies or reports, and sources of underlying data, used to compose this
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 proposed amendment contain incorporations by reference? No
10)
Are there any other proposed amendments pending on this Part? No
11)
Statement of Statewide Policy Objectives: This rulemaking updates the regulation to
correspond to amendments to the enabling statute regarding the department duties.
12)
Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: Please submit comments in writing, by telephone or by facsimile to:
Proposed Action:
Amendment
Paul Thompson
Illinois Secretary of State
Office of the Inspector General
324 West Monroe Street
Springfield, Illinois 62704
Telephone Number: 217/785-2012
Fax Number: 217/785-0761
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13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: None
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of Professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the 2 most recent agendas because the need for the rulemaking was
not anticipated at the time the agendas were published.
The full text of the Proposed Amendment begins on the next page:
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TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 552
DEPARTMENTAL DUTIES
Section
552.10
552.20
552.30
Service of Process Upon the Secretary of State
Filing of Miscellaneous Documents with the Secretary of State
Initiating, Conducting and Completing Investigations
AUTHORITY: Sections 10, 11 and 13 of the Securities Law of 1953 [815 ILCS 5/10, 11 and
13], Section 1.05 of the Business Corporation Act of 1983 [805 ILCS 5/1.05], Sections 2-104(b)
and 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-104(b) and 2-118], Section 14 of the
Secretary of State Act [15 ILCS 305/14], Section 11 of the Lobbyist Registration Act [25 ILCS
170/11], and Section 20-20 of the State Officials and Employees Ethics Act [5 ILCS 430/20-20].
SOURCE: Adopted at 12 Ill. Reg. 3022, effective February 1, 1988; amended at 14 Ill. Reg.
6854, effective May 1, 1990; amended at 30 Ill. Reg. 15786, effective September 18, 2006;
amended at 34 Ill. Reg. 3661, effective March 5, 2010; amended at 35 Ill. Reg. 10344, effective
June 20, 2011; amended at 35 Ill. Reg. ______, effective ____________.
Section 552.30 Initiating, Conducting and Completing Investigations
a)
The Office of Inspector General (OIG), which also includes the Executive
Inspector General, will conduct all investigations in a professional and thorough
manner. Investigations will be properly documented and will be submitted in
written reports of findings. Proper documentation of an investigation shall
include, at a minimum, a description of the alleged misconduct or offense; the
events and circumstances surrounding the allegation, including the results of
interviews, review of documents and records, and other material information
revealed during the investigation; and a recommendation concerning the merits of
the allegation.
b)
The OIG will utilize methods for investigative interviews consistent with current
police practices and techniques and will observe and comply with all laws and
agreements related to the questioning of employees or other individuals.
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c)
d)
For the purposes of this Section, the following provisions shall apply when the
OIG initiates investigations:
1)
The OIG will maintain an intake procedure, under the supervision of the
Chief of Investigations, for processing all complaints. Complaints may be
received by telephone, letter, fax, e-mail or in person. Anonymous
complaints will be accepted. When a complaint is received, it will be
documented on a complaint form and assigned a complaint reference
number.
2)
The Chief of Investigations will review each complaint to determine
whether a case should be initiated and assigned to an Inspector. When
necessary for this initial decision, an Inspector may be assigned to gather
additional information concerning the validity of the complaint and/or the
credibility of the complainant. When the Chief of Investigations initiates a
case, the complaint will receive a case number and be assigned to an
Inspector.
3)
To initiate an investigation, a complaint must, at a minimum, include facts
demonstrating OIG jurisdiction and:
A)
a reasonable belief that employee misconduct may have occurred
involving a violation of a law, rule or regulation; mismanagement;
abuse of authority; or a substantial and specific danger to the
public health and safety; or
B)
credible evidence of a violation of the Lobbyist Registration Act
[25 ILCS 170].
For the purposes of this Section, the following provisions shall apply when the
OIG conducts investigations:
1)
The Chief of Investigations, or his/her designee, will be responsible for the
supervision of all investigative activities and will ensure that Inspectors:
A)
Properly document all investigative activities, which shall include,
at a minimum, completion of a complaint form, investigative
report and investigative summary;
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2)
e)
B)
Properly secure all physical evidence, including completion of an
inventory of evidence form and securing the evidence in an
evidence vault or other secure location;
C)
Complete all reports; and
D)
Submit case summaries to management that are accurate and
complete.
Investigative activities may include, but are not limited to: interviews;
requests for information, documents or other materials; custody of
physical evidence; surveillance; and inspection of physical premises. The
methods of investigation utilized in each case will be those most likely to
establish the relevant facts of the case.
For the purposes of this Section, the following provisions shall apply when the
OIG completes investigations:
1)
All cases will be characterized as either Active, Pending or Closed.
2)
A case is Active when the matter requires current or continued
investigation.
3)
A case is Pending when the investigation is completed and awaiting
prosecution or civil or administrative action. A case may be
Pending/Inactive if no investigative activity is anticipated for a period of
30 days or longer.
4)
A case is Closed when investigative action ceases due to unfounded
allegations, an administrative closing of the case, the completion of
adjudication of all subjects, or the referral of the case to another agency
for investigation in which the OIG will not participate.
5)
A Case Summary Report will be completed at the conclusion of each
investigation.
A)
Case Summary Reports will be submitted to the Chief of
Investigations for approval.
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f)
B)
The approved Case Summary Reports then will be submitted to the
Inspector General for final approval.
C)
Case Summary Reports approved by the Inspector General will be
forwarded to the appropriate Director for informational purposes or
for the initiation of disciplinary action. Copies of the Summaries
also will be forwarded to the Director of Personnel.
D)
In the case of a violation of the Lobbyist Registration Act [25
ILCS 170], the Inspector General may submit the investigation to
the appropriate State's Attorney or to the Attorney General as
provided by law.
The following provisions shall apply to interactions between the OIG and other
law enforcement agencies.
1)
When it appears that a case may warrant criminal investigation, the
appropriate federal, state or local law enforcement agency will be
contacted for possible joint investigation at the earliest practicable time.
When warranted by an investigation, a case will be presented to the
appropriate local or federal prosecutor for a prosecutorial decision.
2)
When necessary for the completion of an OIG investigation, the OIG may
request information or assistance from appropriate local, state or federal
law enforcement agencies.
3)
Upon receipt of a request from a local, state or federal law enforcement
agency for assistance or information, the OIG will provide that
information or assistance in compliance with applicable State and federal
laws.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: Business Logo Signing Program
2)
Code Citation: 92 Ill. Adm. Code 542
3)
Section Number:
542.100
542.200
542.300
542.400
542.450
542.500
542.600
4)
Statutory Authority: Implementing Section 4.08 of the Highway Advertising Control Act
of 1971 [225 ILCS 440/4.08] and Section 2705-505 of the Civil Administrative Code of
Illinois [20 ILCS 2705/2705-505], and authorized by Section 4-201.1 of the Illinois
Highway Code [605 ILCS 5/4-201.1], Section 14.01 of the Highway Advertising Control
Act of 1971 [225 ILCS 440/14.01], and Section 2705-505 of the Civil Administrative
Code of Illinois [20 ILCS 2705/2705-505]
5)
A Complete Description of the Subjects and Issues Involved: The following summaries
describe the significant changes being made to this Part.
Proposed Action:
Amend
Amend
Amend
Amend
Repeal
Amend
Amend
At Section 542.100(b)(3), the Department is making a change to include a section of
Interstate 90 that is eligible for signing. This change will bring the rule up to current
practice.
At Section 542.200, the Department is adding terms to define two different levels of logo
signs and an additional specific service panel. Additionally, the Department is making a
change to the definition of "RV-friendly Symbol Sign" to require the RV symbol to be a
supplemental message integrated into the logo sign.
At Section 542.300, the Department is changing provisions to allow up to two service
panels and 12 logo signs for a service type based on new allowances in the 2009 edition
of the FHWA's Manual on Uniform Traffic Control Devices which is available online at
www.mutcd.fhwa.dot.gov. Additionally, language has been added to define a priority list
for displaying service types and logo signs when more service types are requested at a
specific location than can currently be installed under this Part. Finally, upon adoption of
this rulemaking, ramp panels will no longer be required at double-exit interchanges,
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however, ramp panels will be required if a double-exit interchange is reconstructed to a
single-exit interchange. Consistent with this change, distance signs on ramp panels will
no longer be required since the ramp panels will no longer be required.
At Section 542.400, the Department is revising language to require on-site telephone
access for all service types; to add language to allow additional logo signs for a service
type beyond the maximum of six that is currently allowed; to add criteria for the
combining of service types on the same panel when additional requests are submitted; to
add language to prohibit Level 1 signs from being relocated to a second specific service
panel, when requested by the service owner; to establish criteria for selecting businesses
to be displayed on a second specific service panel; to establish when a business may lose
its signing priority; to add language for automatic removal of Level 2 signs after five
years when a panel is full; and to require businesses to obtain an agreement with local
agencies to install trailblazer signs on roads under local jurisdiction, when required.
At Section 542.450, the Department is repealing this Section because separate RVfriendly signs attached to a logo sign will no longer be allowed – only RV symbols as
part of the logo sign will be allowed.
At Section 542.500, the Department is revising this Section to specify the number of
multiple service types that will be arranged on the same service panel; to include
allowances for supplemental messages on logo signs; to add language for RV-friendly
symbol criteria; to added language for minimum letter heights on logo signs, as required
in the FHWA's 2009 edition of the Manual on Uniform Traffic Control Devices; and to
provide requirements for the display of the months of operation of a camping facility.
At Section 542.600, the Department is revising this Section to require a $100 application
fee from a business that had Level 2 signs removed after five years and wants them
reinstalled; to include language prescribing that the Department will determine if a logo
sign needs to be replaced due to deterioration, damage or vandalism; to allow the
Department to collect a $50 sign replacement fee for any sign that had been installed for
less than 10 years and is replaced due to deterioration.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
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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 rulemaking will not affect units of local
government.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Any interested party may submit written comments or arguments
concerning these proposed amendments. Written submissions shall be filed with:
Mr. Aaron Weatherholt, Chief, Bureau of Operations
Illinois Department of Transportation
Division of Highways
2300 South Dirksen Parkway, Room 009
Springfield, Illinois 62764
217/782-7231
JCAR requests, comments and concerns regarding this rulemaking should be addressed
to:
Ms. Christine Caronna-Beard, Rules Manager
Illinois Department of Transportation
Office of Chief Counsel
2300 South Dirksen Parkway, Room 317
Springfield, Illinois 62764
217/524-3838
Comments received within forty-five days after the date of publication of this Illinois
Register will be considered. Comments received after that time will be considered, time
permitting.
13)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: Small businesses and not for profit corporations that qualify will be
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impacted to the extent that such businesses and corporations wish to participate in
the program.
14)
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: July 2010
The full text of these Proposed Amendments begins on the next page:
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TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 542
BUSINESS LOGO SIGNING PROGRAM
Section
542.100
Introduction
542.200
Definitions
542.300
Criteria for Specific Service Panels
542.400
Criteria for Business Signs
542.450
Criteria for RV-friendly Symbol Signs (Repealed)
542.500
Panel and Sign Design
542.600
Application, Fees, and Other Regulations
542.APPENDIX A District Boundary Map (Repealed)
542.APPENDIX B District Offices and Counties
542.ILLUSTRATION A
Typical Signing for Single-Exit Interchanges (Repealed)
542.ILLUSTRATION B
Typical Signing for Double-Exit Interchanges (Repealed)
542.ILLUSTRATION C
Example Where an Existing Directional Sign Interferes with
Normal Panel Spacing (Repealed)
542.ILLUSTRATION D
Example Where all Panels Cannot be Erected Ahead of the First
Advance Guide Sign (Repealed)
542.ILLUSTRATION E
Example of Trailblazer Assembly (Repealed)
542.ILLUSTRATION F
Examples of Interstate Panels for Single-Exit Interchanges
(Repealed)
542.ILLUSTRATION G
Examples of Interstate Panels for Double-Exit Interchanges
(Repealed)
542.ILLUSTRATION H
Example of Two Services on One Interstate Panel (Repealed)
542.ILLUSTRATION I
Examples of Specific Service Panels Along a Single-Exit
Interchange Exit Ramp (Repealed)
542.ILLUSTRATION J
Examples of Specific Service Panels Along a Double-Exit
Interchange Exit Ramp (Repealed)
AUTHORITY: Implementing Section 4.08 of the Highway Advertising Control Act of 1971
[225 ILCS 440/4.08] and Section 2705-505 of the Civil Administrative Code of Illinois [20 ILCS
2705/2705-505], and authorized by Section 4-201.1 of the Illinois Highway Code [605 ILCS 5/4201.1], Section 14.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/14.01],
and Section 2705-505 of the Civil Administrative Code of Illinois [20 ILCS 2705/2705-505].
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SOURCE: Adopted at 5 Ill. Reg. 12823, effective November 3, 1981; codified at 6 Ill. Reg.
15255; Part repealed, new Part adopted at 10 Ill. Reg. 6996, effective April 16, 1986; amended at
24 Ill. Reg. 12736, effective September 1, 2000; amended at 27 Ill. Reg. 7880, effective April 21,
2003; amended at 30 Ill. Reg. 5650, effective March 10, 2006; amended at 32 Ill. Reg. 8027,
effective May 8, 2008; amended at 35 Ill. Reg. ______, effective ____________.
Section 542.100 Introduction
a)
This Part has been developed to regulate the use of business logos displayed along
various freeways. It establishes standards, specifications, and financial
responsibility for a program of placing business logos on specific service panels.
The displayed business logos will provide motorists with travel related directional
information to facilities offering gas, food, lodging, camping, and 24-hour
pharmacies.
b)
This program applies to freeways within the State of Illinois that are under the
jurisdiction of the Department. However, because of the close spacing of
interchanges, presence of existing critical directional signs, and congestion in the
densely populated Chicago, Peoria and St. Louis metropolitan areas, this program
will not apply to the following sections of highways:.
1)
Interstate 57 from the southerly Chicago city limits northerly to its
terminal with Interstate 94;
2)
Interstate 55 from Interstate 294 northerly to Lake Michigan;
3)
Interstate 90 from the Indiana state line to Exit 3 northbound;
4)
Interstate 94 from the southerly Chicago city limits northerly to the
Wisconsin state line;
5)
Interstate 290;
6)
Interstate 55/70 from Interstate 255 southerly to the Missouri state line;
7)
Interstate 64 from, but not including, Exit 6 westerly to the Missouri state
line;
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c)
8)
Interstate 74 through Peoria between and including the Sterling Avenue
interchange (Exit 88) and the Washington Avenue interchange (Exit 95),
except for the eastbound off-ramp to Sterling Avenue and the westbound
off-ramp to Washington Street;
9)
Interstate 74 from, and including, Exit 4 northerly to the Iowa state line;
10)
Illinois 394 except for the Glenwood Dyer Road and US 30 interchanges;
and
11)
Any other freeway in Cook and DuPage Counties except for Interstate 80.
In an urbanized area where three consecutive freeway interchanges are each
spaced less than one and one-quarter miles apart, logo signing will not be
provided.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 542.200 Definitions
The following words or phrases when used in this Part shall have the meanings ascribed to them
below.
"Ahead or Advance" – a sign is ahead or in advance of another when it is at a
greater distance then the other from the crossroad being signed.
"Business" – an open establishment that provides gas, food, lodging, camping, or
a 24-hour pharmacy as a motorist service to the general public.
"Business Sign" – a rectangular sign consisting of a business trademark, name,
brand, symbol, or combinations thereof. This sign, also referred to as a logo sign,
is displayed on a specific service panel or together with an arrow panel as a
trailblazer sign.
"Crossroad" – a public road intersecting the freeway for which an interchange is
provided.
"Department" – the Illinois Department of Transportation, with central offices at
2300 South Dirksen Parkway, Springfield, Illinois 62764.
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"District" – the organizational structure of the Department. The Department is
divided into 5 Regions. Each Region, except Region 1, is then subdivided into 2
Districts. The program is administered in the District offices.
"Entrance or Exit Ramps" – lanes entering or leaving the main traveled way of a
freeway. These lanes provide access between the freeway and the crossroad at an
interchange.
"Fiscal Year" – a year beginning July 1 and ending the following June 30.
"Freeway" – a divided highway for through traffic with full control of access and
grade separations at crossroads.
"Interchange" – a system of interconnecting ramps providing for the movement of
traffic between two roadways on different levels.
"Interstate" – a freeway that is part of the National System of Interstate and
Defense Highways and marked with an Interstate Route Number.
"Level 1 Sign" – any business sign installed on a specific service panel, or on that
portion of a second specific service panel that displays a service type not
displayed on any other specific service panel in the same direction in advance of
an interchange.
"Level 2 Sign" – any business sign installed on the portion of a second specific
service panel that displays a service type also displayed on another specific
service panel in the same direction in advance of an interchange.
"RV-friendly MessageSymbol Sign" − a supplemental messagesymbol sign
advising that a business establishment can accommodate the movement and
parking of recreational vehicles (RVs).
"Second Specific Service Panel" – a specific service panel that accommodates
additional logo sign space for a specific service type beyond the maximum space
allowed on an existing specific service panel. If there is more than one specific
service panel installed in the same direction in advance of an interchange that
displays the same service type, the panel with the most recent original installation
date is considered the second specific service panel for that service type.
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"Service" – a type of facility used by motorists; namely gas, food, lodging,
camping, or a 24-hour pharmacy.
"Specific Service Panel" – a rectangular panel, displaying the words GAS, FOOD,
LODGING, CAMPING, or 24-HOUR PHARMACY and directional information,
on which a business sign is mounted. A panel along the freeway is referred to as
a "freeway panel" and a panel along the exit ramp or crossroad is referred to as an
"exit ramp panel."
"Trailblazer Assembly" – a small sign guiding motorists from the ramp to the
business. The sign is not required if the business can readily be seen from the
crossroad. However, if motorists seeking the business must be directed to turn off
the crossroad onto another road in order to reach the business, the sign becomes
necessary.
"Trailblazer Sign" – a business sign displayed, together with an arrow panel, off
the freeway highway system to advise motorists where to turn on the crossroad
(when necessary).
"Urbanized Area" – a municipality with a population of 50,000 or more, and its
contiguous urban fringe with a population density of 1,000 or more inhabitants
per square mile; or a municipality with at least a population of 25,000 together
with other contiguous places (incorporated or unincorporated) each with a
population density of 1,000 or more inhabitants per square mile, which altogether
constitutes for general socioeconomic purposes a single community with a
combined population of at least 50,000 inhabitants. The limits of urbanized areas
are those approved by the Federal Highway Administration in accordance with
Volume 4, Chapter 6, Section 3 of their Federal-aid Program Manual (23 USC
470.107(a)(2)).
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 542.300 Criteria for Specific Service Panels
a)
Number and Order of Freeway Panels
1)
Specific service panels may be installedNo more than one specific service
panel for each of the five types of services (gas, food, lodging, camping,
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and 24-hour pharmacy). There will beup to a maximum of four service
panels with a total of 24 logo signs will be erected within the right-of-way
of a freeway for each direction of travel in advance of an interchange after
receipt of the business signs by the Department for each type of service.
There will be a maximum of two specific service panels and 12 business
logo signs that display a specific service type. Each service panel will
provide space for a maximum of six logo signs regardless of whether the
service panel displays one or multiple service types. A service panel may
display up to three different service types but will provide enough space
for at least two logo signs for all service types displayed. These maximum
limits will also include any service panels and logo signs installed for
attractions (see 92 Ill. Adm. Code 543, Tourism Attraction Signing
Program).
2)
Specific service panels will not be erected in advance of any exit-only
freeway interchange where motorists cannot immediately reenter the
freeway and continue in the same direction of travel.
3)
Specific service panels shall be installed successively in the direction of
travel in the following order: 24-HOUR PHARMACY, CAMPING,
LODGING, FOOD, and GAS (i.e., the GAS panel shall be the last specific
service panel viewed by motorists before reaching the appropriate exit
ramp).
4)
Where sufficient distance is not available between interchanges to install
fourall specific service panels for the four types of services, only the
number of panels that can be properly spaced willshall be installed.
Service panels may be modified to include other service types (see
subsection (a)(1)). To determine those services that will be signed,
priority will be given in the following order from top to bottom:
GAS (Level 1 signs)
FOOD (Level 1 signs)
LODGING (Level 1 signs)
CAMPING (Level 1 signs)
ATTRACTIONS (Level 1 signs)
24-HOUR PHARMACY (Level 1 signs)
GAS (Level 2 signs)
FOOD (Level 2 signs)
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LODGING (Level 2 signs)
CAMPING (Level 2 signs)
ATTRACTIONS (Level 2 signs)
24-HOUR PHARMACY (Level 2 signs)
to installing one specific service panel for GAS first, one for FOOD
second, one for LODGING third, one for CAMPING fourth, and one for
24-HOUR PHARMACY fifth. However, once Once a type of service has
a specific service panel or second specific service panel erected at an
interchange that continues to display at least one business logo sign, that
panel or service type will not be removed because a business
establishment from another higher priority service requests to participate.
5)
b)
c)
All specific service panels shall be ground-mounted.
Location of Freeway Panels
1)
Each specific service panel along the freeway shall be installed at least
800 feet from other panels and/or signs. Where possible, the series of
specific service panels in advance of an interchange is to be erected ahead
of the first advance guide sign, such as "Main Street 1 Mile." Where a
sign, such as a county line sign, is located ahead of the advance guide sign
and obstructs normal panel sequential spacing, the panels shall be spaced
so as to incorporate that additional sign. Where the specific service
panels cannot all be properly located ahead of the advance guide sign
because of a lack of required longitudinal distance or topography, as many
of the panels as possible shall be installed ahead of the advance guide sign
and the remaining panels shall be installed closer to the exit ramp but as
close to the first advance guide sign as possible, consistent with the
previously stated spacing requirements. In any event, the last panel will
not be placed closer than 800 feet in advance of either the exit direction
sign (displaying the take-off arrow) or the beginning of the exit ramp
taper, nor will it be placed any closer than 500 feet from the preceding
entrance ramp stub.
2)
Specific service panels will not be erected in advance of entrance ramps
from a previous interchange.
Exit Ramp Panels at Single-Exit Interchanges
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d)
1)
Specific service panels will be installed along exit ramps at single-exit
interchanges in accordance with subsection (c)(2). These panels will be
placed in the same sequential order as those along the freeway. Each exit
ramp panel shall be installed at least 200 feet from other panels and/or
signs.
2)
Any business establishment that has its logo displayed on a freeway panel
shall be required to display its logo on an exit ramp panel at a single-exit
interchange. This provision applies to those businesses who receive
approval of their applications on or after September 1, 2000. Only
businesses having logos displayed on freeway panels will have logos
displayed on exit ramps panels.
3)
The Department will place a supplemental distance sign below the
business sign of any establishment over one mile from the exit ramp at
single-exit interchanges. Whenever the Department places such sign on
an exit ramp panel, it will also place a supplemental distance sign for the
business sign of any other business establishment ½ mile or more from the
ramp. The supplemental sign will indicate the distance to the facility in
half-mile increments.
Exit Ramp Panels at Double-Exit Interchanges
1)
Any business establishment that has its logo displayed on a freeway panel
shall not be required to display its logo on an exit ramp panel at a doubleexit interchange. Any business establishment that has its logo displayed
on a freeway panel at a double-exit interchange that is reconstructed to a
single-exit interchange will be required to have its logo displayed on ramp
panels in accordance with subsection (c).This provision applies to those
businesses who receive approval of their applications on or after
September 1, 2000. Only businesses having logos displayed on freeway
panels will have logos displayed on exit ramp panels. Ramp panels will
be located on the exit ramp, or on the crossroad just off the exit ramp of
double-exit interchanges.
2)
The Department will place a supplemental distance sign below the
business sign of any establishment over one mile from the exit ramp at
double-exit interchanges. Whenever the Department places such sign on
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an exit ramp panel, it will also place a supplemental distance sign for the
business sign of any other business establishment ½ mile or more from the
ramp. The supplemental sign will indicate the distance to the facility in
half-mile increments.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 542.400 Criteria for Business Signs
a)
For those sections of freeway routes where business information signs are to be
installederected, any business establishment meeting the following criteria will be
considered for placement of a business sign on a specific service panel.
b)
General Criteria
1)
GAS: Must be open 7 days a week for a minimum of 12 hours a day. It
shall have normal service station goods and services, which are on-site
phone accesstelephone, gas, oil, water, and restroom. An attendant must
be present at the business at all times the business is open.
2)
FOOD: Must be open any 6 days a week and serve at least two meals per
day, or remain open for a minimum of 6 hours each day. It shall be
certified by the Illinois Department of Public Health or local health
department and have a restroom and on-site phone accesstelephone.
3)
LODGING: Must be open 7 days a week. It shall have on-site phone
accessa telephone, restroom and sleeping accommodations. At least half
of the accommodations shall be available to the general public and shall
not be restricted to members only.
4)
CAMPING: Must be open 7 days a week for at least 6 months of the year.
It shall have camping and parking accommodations, restroom, on-site
phone accesstelephone, and drinking water. At least half of the
accommodations shall be available to the general public and shall not be
restricted to members only.
5)
24-HOUR PHARMACY: Must be open continuously 24 hours
per day, 365 days per year, with an Illinois-licensed pharmacist present
and on duty in the pharmacy at all times.
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c)
Distance to Business
1)
In a nonurbanized area, a business providing gas, food, lodging, or a 24hour pharmacy must be within three road miles from a freeway
interchange, while a business providing camping must be within 20 road
miles.
2)
In an urbanized area, a business providing gas, food, lodging or a 24-hour
pharmacy must be within one road mile from a freeway interchange, while
a business providing camping must be within five road miles.
3)
The distance to each business establishment will be measured as the travel
distance between the end of the appropriate exit ramp and the business
establishment. The distance to a business on a crossroad will be measured
along the centerline of the crossroad from the end of the appropriate exit
ramp to the center of the primary entrance to the business. Where the
business is located along an intersecting road, the distance will be
measured along the centerline of the crossroad to the centerline of the
intersecting road and then measured along the centerline of the
intersecting road to the center of the primary entrance to the business.
Where an entrance serves more than one business, the driving distance
using the proper marked driving aisles from the entrance to the parking
space available for patrons nearest the business will be added to the
distance measured along the crossroad or intersecting road. In the event
the Department cannot determine which business establishment is closest
to the appropriate exit ramp, priority for the available space will be
determined by lottery, coin toss, or any other fair and impartial method
determined by the Department. The affected businesses will be allowed to
witness such action.
4)
Signing will be allowed for a business establishment on each freeway
from which it qualifies. If a business establishment meets the criteria at
more than one interchange on any one freeway, signing will be allowed
only from the interchange providing the most direct and best route in each
direction from that freeway to the business establishment. In determining
the most direct and best route, the Department will consider all relevant
conditions including the directness of the route, congestion of the route,
speed of travel, length of travel, and ease of locating the facility.
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d)
Business Signing Priorities
1)
A specific service panel shall have a maximum of six business signs.
Where there aremay be more businesses of a specific service type eligible
for and desiring signing than the number of signs andpermitted on a
specific service panels permittedpanel, those businesses nearest the exit
ramp intersection with the crossroad will be given first priority for signing.
Because each exit at an interchange is treated separately, a business
establishment may be eligible to sign for only one direction of travel along
a freeway.
A)
When additional requests are received for a service type that has an
existing full specific service panel, the Department may install a
second specific service panel for that service type. When
additional requests are received for a service type that has an
existing full panel and there are four existing service panels at the
interchange, a second specific service type may be combined with
an existing specific service panel based on the requirements of
Section 542.300(a)(1) and the following:
i)
The service type that is full may be displayed on the
service panel displaying a service type of lesser priority
(see Section 542.300(a)(4)) that has the least number of
logo signs installed.
ii)
A service type that is full will only be combined
with a service type of higher priority as a last option.
iii)
At least one space will remain available for the
existing service type that is being combined at the time the
service panel is being modified.
iv)
An existing service panel displaying more than
three existing Level 1 signs will not be modified.
v)
If there is more than one service type requesting
Level 2 signs at the same time, the service type with the
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highest priority will be considered first in determining the
ability to display Level 2 signs.
B)
When considering a second specific service panel, the Department
will take into consideration the number of other services available
at the interchange, the interest expressed by qualified businesses
and tourism attractions in the logo signing program, and the
anticipated future development of the area.
2)
A business with Level 1 signs willThose businesses that display their
business signs on a freeway panel will be assured that the signs will not
have its signsbe removed because of a nearer business as long as it
continuesthey continue to meet the established criteria and continues
continue to pay their annual fees. A business with Level 1 signs cannot
choose to have its signs relocated to a second specific service panel. This
provision does not apply to Level 2 signs (see subsection (d)(7)).
3)
Once businesses are selected for a particular panel, the eligible business
closest to the interchange from which an application was received will
have its sign placed on the available space closest to the top left of the
panel, and the second closest business will be on the next available space
horizontally. On panels for single-exit interchanges, after spaces on the
top row are filled, signs will be placed along the next row or rows in the
same manner. Signs will be arranged similarly for double-exit
interchanges, except the business at the first exit will have signs on the top
portion of the panels and businesses at the second exit will have signs at
the bottom portion of the panels. If a business leaves the program and
subsequently reapplies and is accepted back into the program, its new sign
will be placed on the panel in the same place as its previous sign if the
space is available or, in the event the previous space has been assigned to
another business, in the closest available space to its previous space. Once
placed on a panel, requests from a business to relocate its business sign to
other available locations on the panel will not be honored.
4)
The Department will remove individual business signs within 15 calendar
days after a business leaving the program for any reason and such empty
space on the specific service panel will constitute public notice that such
space is available for another qualifying business. When such removal of
individual business signs causes space to become available on any specific
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service panel and where the panel had, up to that time, the maximum
number of individual business signs allowed, the qualifying business
closest to the interchange that submits a valid application, including the
required application fee, within 45 calendar days after such removal, not
counting the removal date, and that is open to the public on or before the
end of the 45 day time period, will be allowed to display its business sign
in the available space. If no qualifying business submits its application
within the 45 day period, the first qualifying business that submits a valid
application and that is open to the public at the time the application is
submitted, will be allowed to display its business sign in the available
space. When the Department installs a second specific service panel, the
qualifying businesses closest to the interchange that submit a valid
application within 45 calendar days after the installation date of the
service panel, and that are open to the public on or before the end of the
45-day time period, will be allowed to display their business signs in the
available spaces. The installation of a second specific service panel will
constitute public notice that the space is available for qualifying
businesses.
5)
When a business closes due to remodeling, or due to an act of God,
including, but not limited to, fire or flood, the business shall notify the
Department in writing of the closure within 30 calendar days. The
complete demolition of a business' building will be considered to be
remodeling as long as the new business building is constructed on the
existing site. Following closure, the business signssign will be removed
and returned to the businessstored by the Department up to a maximum of
six months. If the business remains closed after six months, the space will
be declared available. In any event, if the allowable closure period extends
to the subsequent fiscal year, the annual rental fee for the business must be
paid for that year or the space will be declared available. If the business
does not notify the Department in writing within 30 calendar days after the
closure, and the Department becomes aware of such closure, the closure
will be considered permanent, the business will lose its signing priority
and the space will be declared available. When a space is declared
available, a new application must be submitted for inclusion in the
program and its priority will be evaluated among all the other eligible
businesses desiring signing at the interchange in question.
6)
Loss of Signing Priority
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A)
If any of the following changes occur, the business will lose its
signing priority and the space will be declared available:
i)
When the business service type changes, such as (i.e., a gas
station changing to a food establishment).,
When a business closes its current location to move
ii)
to a new location.
iii)
B)
7)
Whenor when the business closes permanently., the
business will lose its signing priority and the space will be
declared available.
If the business reopens, wishes to take part in this program and is
still eligible for signing under this program, and if a space has been
declared available, the business shall submit a new application and
its priority will be evaluated among all the other eligible businesses
desiring signing at the interchange in question.
Level 2 signs will be removed by Department personnel, regardless of
how long they have been installed, when the business no longer meets the
requirements of this Part, is in arrears on annual payments, or for any of
the reasons listed in subsection (d)(6). If not already removed for any
other reason, businesses with Level 2 signs that have been installed more
than five years will have their signs removed at the end of the fifth fiscal
year for which they have prepaid. Removal will only apply if there are no
spaces available on the second specific service panel displaying the Level
2 signs at the end of the fifth fiscal year. Businesses with Level 2 signs
that are removed for this reason that wish to have their signs reinstalled
will be required to reapply and their priority will be evaluated among all
the other eligible businesses desiring signing at the interchange in
question. The available spot or spots on the second specific service panel
will be filled as specified in subsection (d)(4). When Level 1 signs are
removed because a business is no longer part of the program, the business
with Level 2 signs at the same interchange, of the same service type, and
that is closest to the interchange will have its business signs relocated to
the removed Level 1 signs' former spaces. The relocated signs will
become Level 1 signs and will no longer be subject to removal after a five
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year period. Businesses cannot choose to keep their signs on the second
service panel.
e)
Location of Business
1)
Business on the Crossroad
Where a business establishment providing gas, food, lodging, camping, or
a 24-hour pharmacy is on the crossroad, it will be signed on a freeway
panel if it is visible to the motorists from the crossroad, or if a sign is on
the business site advising motorists of the appropriate entrance to the
establishment.
2)
Business Not on the Crossroad
A)
Where a business establishment providing gas, food, lodging, or a
24-hour pharmacy is not on the crossroad, it will be signed on a
freeway panel if it is visible to the motorists from the crossroad, or
if it is visible from a road intersecting the crossroad and has a
trailblazer assembly placed on the crossroad advising motorists
where to turn. The Department will place such trailblazer signs on
state highway crossroads for the fee established in Section
542.600(b)(2). Where the crossroad is under local agency
jurisdiction, trailblazer signs will not be required if legible signs
with directional information are present advising motorists where
to turn. If such signs are not present, a business needing thesuch
signing will be allowed to participate in the program only if the
business can arrange with the appropriate local agency
forDepartment can arrange an agreement covering the erection and
maintenance of such legibletrailblazer signs with directional
information on all roads under the jurisdiction of the local agency.
This provision applies to those businesses that receive approval of
their applications on or after January 1, 2012.
B)
A campground not on the crossroad can be signed on a freeway
panel regardless of the number of turns required if legible signs
with directional information are present advising motorists where
to turn. The Department will erect trailblazer signs along Statemaintained highways for the fee established in Section
542.600(b)(2).
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f)
No business will be allowed more than one space on an individual specific service
panel; however, a business could qualify for a business sign on more than one
type of panel; e.g., both food and lodging.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 542.450 Criteria for RV-friendly Symbol Signs (Repaled)
The Department will furnish and install an RV-friendly symbol sign on a freeway specific
service panel for any business establishment requesting an RV-friendly sign; however, the
following requirements must be met.
a)
The entrance to and egress from the business establishment shall be hard surfaced,
kept free of potholes and at least 12 feet wide with a minimum swing radius of 50
feet to enter and exit the facility.
b)
The entrance to and egress from the business establishment and the parking area
shall be free of any electrical wires, tree branches, canopies or other obstructions
up to 14 feet above the surface.
c)
Fueling facilities with canopies are required to have a 14-foot clearance, and those
selling diesel fuel are required to have pumps with non-commercial nozzles.
d)
Fueling facilities must allow for pull-through with a swing radius of 50 feet.
e)
Restaurants and 24-hour pharmacies shall have a minimum of 2 RV spaces that
are a minimum of 12 feet wide and 65 feet long with a minimum swing radius of
50 feet to enter and exit the spaces.
f)
Campgrounds shall have a minimum of 2 spaces that are a minimum of 18 feet
wide and 45 feet long.
g)
Business establishments shall post signs on their sites directing motorists to RVfriendly parking spaces and other on-site RV-friendly services.
(Source: Repealed at 35 Ill. Reg. ______, effective ____________)
Section 542.500 Panel and Sign Design
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a)
b)
Freeway Panel Design
1)
At single-exit interchanges, the type of service and the exit number shall
be displayed in one line above the business signs in white legend ten
inches in height on a blue background.
2)
At double-exit interchanges, the specific service panels shall consist of
two sections, one for each exit. The top section shall display the business
signs for the first exit and the lower section shall display the business
signs for the second exit. The type of service and the exit number shall be
displayed in a line above the business signs for each section. Where all
businesses of a type of service are at only one exit, the specific service
panel will be displayed similarly to that for a single-exit interchange.
3)
When two types of services are combined on the same freeway panel, the
one service will be displayed on the top half of the panel and the other on
the bottom half. The higher priority service willshall be displayed above
or to the left of the lower priority serviceon the top half. When three types
of services are combined on the same freeway panel, one of the following
arrangements will be used:
A)
Service types arranged vertically with one service displayed on the
top third of the panel, one service displayed on the middle third of
the panel, and one service displayed on the bottom third of the
panel.
B)
Service types arranged horizontally with one service displayed on
the left third of the panel, one service displayed on the middle third
of the panel, and one service displayed on the right third of the
panel.
C)
The services will be displayed in priority order with the highest
priority service listed at the top or to the left.
Exit Ramp Panel Design
1)
Along exit ramps of single-exit interchanges, the business signs will be
displayed in similar order to that on the freeway, except that those
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businesses to the motorists' left will have signs placed at the top of the
panel and those to the right will be at the bottom. Directional arrows will
be shown on the panel by the Department.
c)
2)
If used, exitExit ramp panels of double-exit interchanges are designed
similar to those of single-exit interchanges, except without directional
arrows.
3)
Services will be combined on exit ramp panels, similar to that provided in
subsection (a)(3).
Business Sign Design
1)
The business signs will be designed and supplied by the business to the
Department. These signs shall consist of the business' name, trademark,
symbol, or combination thereof, providing it does not resemble any traffic
sign, signal, or device. The business' trademark, name, etc., must be the
primary message on the sign and directly related to the type of service
being accommodated on the specific service panel. The business signs
may also contain supplemental messages relating to the primary business,
including credit cards honored by that business, ATM machines actually
on the property that the business owns or leases, and messages such as
"family restaurant", "buses welcome", "E85", "alternative fuels" and
"diesel". LogosProprietary logos or symbols identifying a second business
or a supplementary service, other than those identifying credit cards
honored by the business, will not be allowed. A business sign may also
contain one supplemental word message directly relating to a second
motorist service, including, but not limited to, "food mart" on a gas sign,
"gas" on a lodging sign, or "restaurant" on a gas or lodging sign. A
business sign shall not display the symbol/trademark or name of more than
one business"(name) restaurant" on a gas or lodging sign. Messages that
are not related to motorist services, including, but not limited to, alcoholic
beverages, area tourist attractions, dancing, lottery tickets, antiques, and
vehicle sales will not be allowed as supplemental messages. Food signs
for establishments that are closed one day a week shall include a
supplemental message including the day of closure. The business sign
may also contain one supplemental message identifying that the business
is RV-friendly, subject to the following requirements:
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The entrance to and egress from the business establishment
A)
shall be hard surfaced, kept free of potholes and at least 12 feet
wide with a minimum swing radius of 50 feet to enter and exit the
facility.
B)
The entrance to and egress from the business establishment
and the parking area shall be free of any electrical wires, tree
branches, canopies or other obstructions up to 14 feet above the
surface.
C)
Fueling facilities with canopies are required to have a 14foot clearance, and those selling diesel fuel are required to have
pumps with non-commercial nozzles.
D)
Fueling facilities must allow for pull-through with a swing
radius of 50 feet.
E)
Restaurants and 24-hour pharmacies shall have a minimum
of two RV spaces that are a minimum of 12 feet wide and 65 feet
long with a minimum swing radius of 50 feet to enter and exit the
spaces.
F)
Campgrounds shall have a minimum of two spaces that are
a minimum of 18 feet wide and 45 feet long.
G)
Business establishments shall post signs on their sites
directing motorists to RV-friendly parking spaces and other on-site
RV-friendly services.
H)
The supplemental message shall either be "RV access" or
"RV friendly". It may also consist of an abbreviation "RV" in six
inch black letters inside a 10" diameter yellow circle with a black
border displayed within and near the lower right-hand corner of the
business sign.
2)
Any supplemental messages must be an integral part of the business sign
and not added as stickers or decals after the business sign has been
installed. Any signs that are tampered with by adding or deleting
supplemental messages or by altering the name, logo, or symbol or any
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other portion of the message or design subsequent to their installation will
be removed by the Department and the business must furnish new signs in
addition to the $50 per sign reinstallation fee required by Section
542.600(b)(4). Should the service indicated by a supplemental message be
discontinued, the business must furnish new business signs without the
discontinued message along with the $50 per sign reinstallation fee
required by Section 542.600(b)(4) within 60 days after discontinuation of
the service. Covering over the message will not be allowed.
Supplemental messages may be omitted on ramp and trailblazer signs if
the business desires. Signs shall be fabricated on an aluminum base
material between .080 and .125 inches thick. High-performance
reflectorized background sheeting material shall be utilized for the signs.
The size of the signs to be placed on freeway panels, exit ramp panels, and
trailblazer assemblies shall be as follows:
GAS
WidthHeight HeightWidth
FREEWAY
EXIT RAMP
TRAILBLAZER
48"
24"
24"
36"
18"
18"
FOOD, LODGING,
CAMPING, 24-HR
PHARMACY
WidthHeight HeightWidth
60"
24"
24"
36"
18"
18"
Business sign lettering, other than that which is part of a logo/trademark,
shall be a minimum of 8' high on freeway signs and 4" high on ramp and
trailblazer signs. Supplemental message lettering shall be a minimum of
5" high on freeway signs and 2.5" high on ramp and trailblazer signs.
32)
In order to ensure that the signs meet all of the requirements of this
Section, businesses shall furnish a sign design to the Department for
approval within 30 calendar days after approval of their application. If the
sign design is not received by the Department within the 30 day time
period, the space will be declared available.
43)
Any campground not open the entire year must have its opening and
closing months shown on its freeway business signs, but is not required to
have the months shown on either the freeway or the exit ramps. This
provision applies to those businesses who receive approval of their
applications on or after January 1, 2012.
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d)
RV-friendly Symbol Sign Design
1)
The RV-friendly symbol sign will be furnished and installed by the
Department. The sign will consist of a 12-inch diameter, yellow circle
with a ½-inch black border and a black upper case "RV" in 8-inch high
letters within the circle.
2)
The RV-friendly symbol sign will be located in the lower right-hand
corner of the business sign and centered on a point 2-inches from the
right-hand edge of the sign and 2-inches from the lower edge of the sign.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 542.600 Application, Fees, and Other Regulations
a)
Application
1)
As a freeway route is scheduled to have business logo signs displayed for
the first time, the Department will publish in local newspapers a notice
soliciting participation from businesses offering gas, food, lodging,
camping, and a 24-hour pharmacy along that freeway.
2)
Application forms will be available from the Department (see Section
542.Appendix BA – District Offices and Counties for a listing of District
addresses and phone numbers) for all businesses that could qualify to have
business signs displayed on specific service panels. If a business wishes
to participate in this program, it must complete an application form for
each specific service for which it wishes to sign and submit it to the
Department by the deadline date indicated in the newspaper notice.
Applications received after the indicated date will be considered if space is
still available on the freeway panels.
3)
Where the Department determines from the initial application that the
business meets the criteria listed in this Part and space is available, the
application will be approved and returned to the business along with
instructions concerning the number and location of the business signs, the
annual fee, and other appropriate information.
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b)
Fees
1)
A $100 processing fee for each type of service signing requested by a
business establishment must be submitted to the Department at the time
the sign design is submitted for approval, as required by Section
542.500(c)(32). A $100 processing fee will also be charged when a
business reapplies for signing after its signs have been removed due to late
rental payments, or withdrawal from the program, or when a business
changingchanges its name and its ownership at the same time, or for
removal of Level 2 signs after 5 years of installation, as required under
Section 542.400(d)(7).
2)
An annual rental fee sufficient to offset the cost of this program will be
charged for each business sign displayed on a freeway panel, exit ramp
panel, and trailblazer assembly. The annual rental fees as of July 1, 2006
will be $200 for each business sign displayed on a freeway panel, $130 for
each business sign displayed on an exit ramp panel, and $30 for each
business sign displayed on a trailblazer assembly. The Department will
periodically adjust the fees to reflect the current cost of maintaining the
signing system. Fee adjustments are subject to rulemaking. Fees will be
collected on an annual basis. When a business establishment makes an
annual payment, it will be guaranteed usage of the paid space on the
specific service panel for the entire year, as long as it meets the established
criteria. Any business closing or withdrawing from the program after
making its annual payment will not be given a refund. A prorated fee will
be charged for signs erected for a partial year.
3)
Where payment is not received by the Department within 30 calendar days
after the due date, the business signs will be removed by the Department.
Where receipt of payment is delinquent and a specific service panel is full,
the business establishment will lose its signing priority to the next
qualifying business desiring the space. When the fee is received after the
business sign is removed, and space is still available on the panel, a fee of
$100 will be charged for reapplication as provided for in subsection
(b)(1), in addition to the annual fee for the remainder of the fiscal year, as
well as that portion of the annual fee owed for the period of time between
the end of the preceding fiscal year and the date the sign was removed.
4)
A fee of $50 for each business sign will be charged for a business
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requesting that its signs be replaced with new signs for any reason other
than due to deterioration, damage, or vandalism as provided for in
subsection (c)(1) of this Section. Where such replacement is requested, all
business signs for the specific business, including those on freeway and
exit ramp panels, as well as any trailblazer signs, must be replaced at the
same time.
5)
c)
An additional one-time fee of $100 will be charged for each RV-friendly
symbol sign to cover the Department's costs for furnishing and installing
the sign.
Placing and Maintaining Business Signs
1)
Businesses, at their expense, must supply their own business signs to the
Department within 60 calendar days after approval of their design. If the
signs are not received by the Department within the 60 calendar day time
period, the space will be declared available. Only the Department will
place, or cause to be placed, the business signs on the specific service
panels and trailblazer assemblies. When a business sign is so deteriorated,
damaged, or vandalized that it needs replacement, the Department will
notify its owner to fabricate a new sign. There will be no charge for this
replacement of the business sign.
2)
When a business sign is so deteriorated, damaged or vandalized that it
needs replacement, the Department will notify its owner by certified mail
to resubmit a logo design within 30 days after the notification. The
Department reserves the right to make the final determination of whether a
business sign needs to be replaced. Once the logo design is approved, the
owner must supply the Department with the replacement sign within 60
days after the logo design approval. There will be a fee of $50 for each
sign replaced due to deterioration that has been installed less than 10
years. There will be no charge for the replacement of a business sign that
has been damaged or vandalized. If a logo design is not received within
the 30 day time period or a replacement sign is not received within the 60
day time period, the Department will remove all of the owner's business
signs at the interchange and the business will lose its signing priority.
32)
Businesses will be required to certify on the application that they meet the
established criteria. When the Department receives a complaint that a
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business may not comply, the suspected business will be contacted by the
Department to determine if it meets the established criteria. If it is
determined the business establishment fails to qualify, the business must
change its operation within 30 calendar days after notification by the
Department so as to comply or its business logos will be removed.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
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1)
Heading of the Part: Tourism Attraction Signing Program
2)
Code Citation: 92 Ill. Adm. Code 543
3)
Section Number:
543.200
543.300
543.400
543.500
543.600
543.700
543.APPENDIX A
4)
Statutory Authority: Implementing Section 4.08 of the Highway Advertising Control Act
of 1971 [225 ILCS 440/4.08] and Section 2705-505 of the Civil Administrative Code of
Illinois [20 ILCS 2705/2705-505], and authorized by Section 4-201.1 of the Illinois
Highway Code [605 ILCS 5/4-201.1], Section 14.01 of the Highway Advertising Control
Act of 1971 [225 ILCS 440/14.01], and Section 2705-505 of the Civil Administrative
Code of Illinois [20 ILCS 2705/2705-505]
5)
A Complete Description of the Subjects and Issues Involved: Following are summaries
of the significant changes being made to this Part.
Proposed Action:
Amend
Amend
Amend
Repeal
Amend
Amend
New Section
At Section 543.200, the Department is adding language to define two different types of
tourism attraction panels and to revise the RV-friendly service sign provisions to require
the RV symbol to be a supplemental message integrated into the tourism attraction sign.
At Section 543.300, the Department is revising language to allow up to two tourism
attraction panels and 12 tourism attraction signs based on new allowances in FHWA's
2009 edition of the Manual on Uniform Traffic Control Devices (which can be accessed
on the internet at www.mutcd.fhwa.dot.gov); to prescribe the priority list for interstate
business logo and tourism attraction signs; to require tourism attraction panels to be
installed at least 500 ft. beyond an entrance ramp stub, to revise the requirement
concerning ramp panels at double-exit interchanges; and to delete language requiring
distance signs on ramp panels.
At Section 543.400, the Department is revising language to define categories of allowable
tourism attractions; to add language to specifically list business types not to be
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considered attractions; and to prescribe that the Department will deliver logo signs to the
business, if it temporarily closes, rather than storing them at a Department facility.
At Section 543.500, the Department is repealing this Section because only RV symbols
that are part of the tourism attraction signs will be allowed.
At Section 543.600, the Department is revising this Section to specify how multiple
service types will be arranged on the same service panel; to add allowances for
supplemental messages on tourism attraction signs; to add language for RV-friendly
symbol criteria; to add minimum letter heights on tourism attraction signs, as required by
the FHWA's 2009 edition of FHWA's Manual on Uniform Traffic Control Devices; and
to remove RV-friendly symbol signs since they are no longer allowed.
At Section 543.700, the Department is revising this Section to prescribe that the
Department will determine if a tourism attraction sign needs to be replaced due to
deterioration and to allow the Department to collect a $50 sign replacement fee for any
sign that has been installed for less than 10 years and is replaced due to deterioration.
At Section 543.APPENDIX A, the Department is adding a list of District Offices because
the District Offices will be administering the program for the Department.
6)
Published studies or reports, and sources of underlying data, used to compose this
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? No
10)
Are there any other proposed rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objectives: This rulemaking will not affect units of local
government.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Any interested party may submit written comments or arguments
concerning these proposed amendments. Written submissions shall be filed with:
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Mr. Aaron Weatherholt, Chief, Bureau of Operations
Illinois Department of Transportation
Division of Highways
2300 South Dirksen Parkway, Room 009
Springfield, Illinois 62764
217/ 782-7231
JCAR requests, comments and concerns regarding this rulemaking should be addressed
to:
Ms. Christine Caronna-Beard, Rules Manager
Illinois Department of Transportation
Office of Chief Counsel
2300 South Dirksen Parkway, Room 317
Springfield, Illinois 62764
217/524-3838
Comments received within forty-five days after the date of publication of this Illinois
Register will be considered. Comments received after that time will be considered, time
permitting.
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: Small businesses and not for profit corporations that qualify will be
impacted to the extent that such businesses and corporations wish to participate in
the program.
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: January 2011
The full text of the Proposed Amendments begins on the next page:
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TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 543
TOURISM ATTRACTION SIGNING PROGRAM
Section
543.100
543.200
543.300
543.400
543.500
543.600
543.700
Introduction
Definitions
Criteria for Tourism Attraction Panels
Criteria for Tourism Attraction Signs
Criteria for RV-friendly Symbol Signs (Repealed)
Panel and Sign Design
Application, Fees, and Other Regulations
543.APPENDIX A
District Offices and Counties
AUTHORITY: Implementing Section 4.08 of the Highway Advertising Control Act of 1971
[225 ILCS 440/4.08] and Section 2705-505 of the Civil Administrative Code of Illinois [20 ILCS
2705/2705-505], and authorized by Section 4-201.1 of the Illinois Highway Code [605 ILCS 5/4201.1], Section 14.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/14.01],
and Section 2705-505 of the Civil Administrative Code of Illinois [20 ILCS 2705/2705-505].
SOURCE: Adopted at 30 Ill. Reg. 17550, effective October 23, 2006; amended at 35 Ill. Reg.
______, effective ____________.
Section 543.200 Definitions
The following words or phrases, when used in this Part, shall have the meanings ascribed to them
in this Section.
"Ahead" or "In advance of" – a sign is ahead or in advance of another when it is at
a greater distance than the other from the crossroad being signed.
"Billing Cycle" – billing beginning July 1 and ending the following June 30.
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"Business Logo Sign" – a sign conforming to the Department's rule titled
Business Logo Signing Program, 92 Ill. Adm. Code 542, advising motorists of
services such as gas, food, lodging, camping and 24-hour pharmacy services.
"Crossroad" – a public road intersecting the freeway for which an interchange is
provided.
"DCEO" – the Illinois Department of Commerce and Economic Opportunity,
acting through its OfficeBureau of Tourism, with central offices located at 620
East Adams Street, Springfield, Illinois 62701.
"Department" – the Illinois Department of Transportation, with central offices
located at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"Entrance or Exit Ramps" – lanes entering or leaving the main traveled way of a
freeway. These lanes provide access between the freeway and the crossroad at an
interchange.
"Fiscal Year" – a year beginning July 1 and ending the following June 30.
"Freeway" – a divided highway for through traffic, other than one under the
jurisdiction of the Illinois State Toll Highway Authority, with full control of
access and grade separations at all crossroads.
"IDNR" – the Illinois Department of Natural Resources, with central offices
located at One Natural Resource Way, Springfield, Illinois 62702-1271.
"IHPA" – the Illinois Historic Preservation Agency, with central offices located at
500 East Madison Street, Springfield, Illinois 62701.
"Interchange" – a system of interconnecting ramps providing for the movement of
traffic between two roadways on different levels.
"Marketing Plan" – a plan supplied by a tourism attraction that explains how and
where the attraction is being marketed or advertised outside a 50 mile radius of
the interchange.
"Official Sign" – a sign that is defined as an official sign in the Department's rule
titled Control of Outdoor Advertising Adjacent to Primary and Interstate
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Highways, 92 Ill. Adm. Code 522, and that is erected and maintained by the
Department along a freeway. For purposes of this Part, official signs do not
include business logo signs.
"RV-friendly Message Symbol Sign" – a supplemental messagesymbol sign
advising that a tourism attraction can accommodate the movement and parking of
recreational vehicles (RVs).
"Second Tourism Attraction Panel" – a tourism attraction panel that
accommodates additional tourism attraction sign space beyond the maximum
space allowed on an existing tourism attraction panel. When there is more than
one tourism attraction panel installed in the same direction in advance of an
interchange, the panel with the most recent original installation date will be
considered the second tourism attraction panel.
"Supplemental Distance Sign" – a sign identifying the mileage to an attraction
that is mounted on the posts of an exit ramp panel or trailblazer panel.
"Tourism Attraction" or "Attraction" – an open facility having the primary
purpose of providing amusement and/or historical, cultural, or leisure activities to
the public.
"Tourism Attraction Panel" – a rectangular panel, displaying the word
ATTRACTION and directional information, on which a tourism attraction sign is
mounted. A panel along the freeway is referred to as a "freeway panel" and a
panel along the exit ramp or crossroad is referred to as an "exit ramp panel".
"Tourism Attraction Sign" – a rectangular sign consisting of a tourism attraction
name, trademark, brand, symbol, or a combination thereof, that is displayed on a
tourism attraction panel or, together with an arrow panel, as a trailblazer sign.
"Trailblazer Sign" – a tourism attraction sign displayed, together with an arrow
panel, off the freeway system to advise motorists where to turn en route to an
attraction.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 543.300 Criteria for Tourism Attraction Panels
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a)
b)
Number and Order of Freeway Panels
1)
AOne tourism attraction panel will be erected within the right-of-way of a
freeway for each direction of travel in advance of an interchange after
receipt of the tourism attraction signs by the Department. If additional
requests are received for tourism attraction signs and the tourism attraction
panel is full, a second tourism attraction panel may be installed. Space for
a second tourism attraction panel will be subject to the installation and
priority of service types, as prescribed under 92 Ill. Adm. Code 542,
Business Logo Signing Program. When considering a second tourism
attraction panel, the Department will take into consideration the number of
other services available at the interchange, the interest expressed by those
qualified businesses, and the anticipated future development of the area.
There will only be a maximum of two tourism attraction panels installed
for each direction in advance of an interchange. The maximum number of
signs displayed on a tourism attraction panel, whether separate or
combined with a business logo panel, will be as required in Section
543.600(a)(2).
2)
Tourism attraction panels will not be erected in advance of any exit-only
freeway interchange where motorists cannot easily reenter the freeway and
continue in the same direction of travel.
3)
Tourism attraction panels will not be erected in advance of any freeway
interchange where there are four business logo panels in place except
where they can be combined as allowed in Section
543.600(a)(2)543.500(a)(2).
4)
Signing for a qualifying tourism attraction will only be allowed at a given
interchange where the attraction can be reached without crossing another
freeway.
5)
All tourism attraction panels will be ground-mounted.
Location of Freeway Panels
1)
Each tourism attraction panel along the freeway willshall be installed at
least 800 feet from other signs and/or the beginning of an exit ramp taper.
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Each tourism attraction panel along the freeway will also be installed at
least 500 feet from the preceding entrance ramp stub.
2)
c)
d)
Tourism attraction panels willshall not be erected in advance of exit ramps
to a previous interchange.
Exit Ramp Panels at Single-Exit Interchanges
1)
The Department will install exit ramp panels along exit ramps at singleexit interchanges in accordance with subsection (c)(2) of this Section.
2)
A tourism attraction that is displayed on a freeway panel shall also be
required to be displayed on the exit ramp panel at a single-exit
interchange. Only tourism attractions having signs displayed on freeway
panels will have signs displayed on exit ramp panels.
3)
The Department will install a supplemental distance sign below the
tourism attraction sign for any tourism attraction over one mile from the
exit ramp at single-exit interchanges in Cook, DuPage and Lake Counties,
and over two miles in other counties. Whenever the Department installs a
supplemental distance sign on an exit ramp panel, it will also install a
supplemental distance sign below the tourism attraction sign of any other
tourism attraction that is ½ mile or more from the ramp. The
supplemental sign will indicate the distance to the tourism attraction in
half-mile increments for distances up to two miles and in one-mile
increments for distances over two miles.
Exit Ramp Panels at Double-Exit Interchanges
Any tourism attraction that has its logo displayed on a freeway panel will not be
required to display its logo on an exit ramp panel at a double-exit interchange.
Any tourism attraction that has its logo displayed on a freeway panel at a doubleexit interchange that is reconstructed to a single-exit interchange shall be required
to have its logo displayed on ramp panels in accordance with subsection (c).
1)
The Department will install an exit ramp panel with a tourism attraction
sign for any tourism attraction over one mile from the exit ramp at doubleexit interchanges in Cook, DuPage and Lake Counties and over two miles
in other counties. Whenever the Department installs a tourism attraction
sign on an exit ramp panel, it will also install a supplemental distance sign
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below the tourism attraction sign for any other tourism attraction located
½ mile or more from the ramp. The supplemental sign will indicate the
distance to the tourism attraction in half-mile increments for distances up
to two miles and in one-mile increments for distances over two miles.
2)
Any tourism attraction that is displayed on a freeway panel shall also be
required to be displayed on an exit ramp panel at a double exit
interchange, where an attraction exit ramp panel exists. Only tourism
attractions having signs displayed on freeway panels will have signs
displayed on exit ramp panels. Exit ramp panels will be located on the
exit ramp, or on the crossroad just off the exit ramp of double-exit
interchanges.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 543.400 Criteria for Tourism Attraction Signs
a)
Attraction Categories
In order to be considered for tourism attraction signs, the attraction must fall
under one of the categories listed in subsectionssubsection (a)(1) through(a)(1914) of this Section. Additionally, the attraction, except as otherwise
provided, must have adequate legal parking; must be open to the public a
minimum of 100 days per year; must have drinking water and Americans with
Disabilities Act compliant restroom facilities at or near the site; and must have
minimum annual attendance consistent with the categories listed as follows.
1)
Agri-Tourism Site: An established area where consumers can interact
with Illinois agricultural producers for the purpose of tours, education or
other rural recreational experiences or to purchase and/or pick pumpkins
and other produce directly from the producer. The facility must offer a
variety of agri-tourism related entertainment, including, but not limited to,
activities such as hayrack rides, farm animals, corn mazes, etc. The
facility must offer concessions and restroom facilities, with a minimum
annual attendance of 5,000.
21)
Amusement Park/Fairgrounds/Recreational and Entertainment Complex:
A park, fairground, or recreational and entertainment complex that
supplies refreshments and multiple activities of entertainment and
recreation, with a minimum annual attendance of 50,000.
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32)
Antique Shopping Areas: A stand alone facility with a group of at least 40
vendors or 30,000 square feet of space that specializes in the sale of
antique items or an area concentrated within a mile radius offering five or
more individual antique shops that specialize in the sale of antique items.
43)
Arena/Performance Center: A stadium, sports complex, auditorium, civic
center, racetrack, convention center or cultural center, with a minimum
annual attendance of 50,000.
54)
Botanical/Zoological Facility: A collection of unique living
plants/animals that are kept and exhibited to the public, with a minimum
annual attendance of 25,000. Zoos shall be members of, or accredited by,
the American Zoo and Aquarium Association or other similar
organization.
6)
Brewery: An establishment that manufactures and produces malt liquors,
such as beer and ale, on the premises. It must be open to the public
offering tours and must offer an organized tasting and/or sampling
opportunity for the visitor with an option to purchase. The facility must be
accessible with public restrooms and a minimum annual attendance of
5,000.
75)
Entertainment/Dining/Shopping District: An area concentrated within a
half-mile radius offering a variety of entertainment, dining and shopping
venues.
86)
Gambling/Wagering Facility: An off-track wagering facility or a riverboat
casino authorized and regulated by the State of Illinois.
97)
Golf Course: An area of land laid out for golf with a minimum of 9 holes,
each including tee, fairway, and putting green, and often one or more
natural or artificial hazards and open to the public, with a minimum annual
attendance of 15,000. Miniature golf courses, driving ranges, chip-andputt courses and indoor golf courses are not eligible to participate in the
program.
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108)
Historic Shopping District: A shopping district with a minimum of seven
stores in restored structures that is marketed as a historic shopping district
or area.
119)
Historic Site: A structure, district, or landmark listed by the IHPA as
being of historical significance, with an annual minimum attendance of
5,000. State sites maintained by the IHPA, the IDNR, and the Department
are exempt from the requirements of this Part. Sites promoting the same
historic event or person should be combined as one logo on a sign (i.e.,
Lincoln Sites, Frank Lloyd Wright Sites).
12)
Marina: A sheltered harbor adjacent to a navigable waterway where boats
are kept in the water and recreational boating services are provided. This
category is considered a seasonal attraction.
1310)
Museum: An organized and permanent institution, with professional staff,
in which works of artistic, historical or scientific value are cared for and
exhibited to the public, with a minimum annual attendance of 15,000.
Museums shall be members of, or accredited by, the American
Association of Museums, the Illinois Association of Museums, the
Association of Midwest Museums, or some other similar organization.
1411)
Orchard: An established area or facility where consumers can purchase or
pick fresh Illinois food products directly from Illinois producers, with a
minimum annual attendance of 5,000. The facility shall include a general
store.
1512)
River Excursion: A non-gaming riverboat sightseeing excursion, with a
minimum annual attendance of 5,000.
1613)
Shopping Center: A group of stores arranged in one or more buildings
with the stores in any one building separated by floor to ceiling partitions
and having, in Cook, DuPage and Lake Counties, a minimum of 150
stores and, in all other counties, a minimum of 45 stores.
1714)
State or National Park/Forest/Wild Life Area: An area designated by a unit
of government that provides activities such as fishing, picnicking, hiking,
swimming, boating, and sporting events, with a minimum annual
attendance of 15,000.
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18)
Unique Attractions: Areas of special interest that have a minimum annual
attendance of 5,000, including, but not limited to:
A)
ATV Parks – a park designed to allow visitors to drive All
Terrain Vehicles on a designated surface.
B)
Comedy Clubs – open to the public with regularly scheduled
performances.
C)
Disc Golf – a disc game in which individual players throw a flying
disc into a basket/target.
D)
Rock Climbing – facilities open to the public with equipment
designed to allow visitors to climb rocks.
E)
Sky Diving – facilities open to the public allowing the visitor to
jump from a plane using certified jumping equipment/gear.
F)
Sport Shooting Clubs – facilities open to the public that offer the
visitor an opportunity to shoot five stand, skeet, trap or sporting
clays.
G)
Landmarks that have been internationally or nationally recognized
for their uniqueness.
1915) Winery: A facility, open to the public with regularly scheduled hours, that
holds an Illinois 1st or 2nd Class Winemakers License or an Illinois 1st or
2nd Class Wine Manufacturer's License and offers educational tours of the
winemaking process in an Illinois winery that is associated with a tasting
room and has a minimum annual attendance of 5,000, tasting and sales of
wine bottled on the premises and that provides an educational format of
informing visitors about wine and wine processing, with a minimum
annual attendance of 5,000.
b)
Ineligible Attractions. Attractions not normally associated with tourism are not
eligible. Ineligible attractions include, but are not limited to, furniture and
clothing stores, automotive dealerships, garages, drug stores, movie theaters,
appliance stores, department stores, schools, houses of worship, real estate
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offices, auction houses, livestock sales facilities, sand and gravel facilities, and
grocery stores.
cb)
dc)
Distance to Tourism Attraction
1)
A tourism attraction must be within five road miles of a freeway
interchange in Cook County, within ten road miles in DuPage and Lake
Counties, and within 30 road miles in all other counties.
2)
The distance to each tourism attraction will be measured as the travel
distance between the end of the appropriate exit ramp and the tourism
attraction. The distance to a tourism attraction on a crossroad will be
measured along the centerline of the crossroad from the end of the
appropriate exit ramp to the center of the primary entrance to the tourism
attraction. Where the tourism attraction is located along an intersecting
road, the distance will be measured along the centerline of the crossroad to
the centerline of the intersecting road and then measured along the
centerline of the intersecting road to the center of the primary entrance to
the tourism attraction. Where an entrance serves more than one tourism
attraction, the driving distance using the properly marked driving aisles
from the entrance to the parking space available for patrons nearest the
tourism attraction will be added to the distance measured along the
crossroad or intersecting road.
3)
If a tourism attraction meets the criteria at more than one interchange on a
given freeway, signing will be allowed only from the interchange
providing the most direct and best route in each direction. In determining
the most direct and best route, the Department will consider all relevant
conditions, including the directness of the route, congestion of the route,
speed of travel, length of travel, and ease of locating the tourism
attraction.
Tourism Attraction Signing Priorities
1)
Where there may be more tourism attractions eligible for and desiring
signing than the number of signs permitted on a specific tourism attraction
panelspanel, the following point criteria will be used in determining
priority for signing. When two or more tourism attractions score identical
points, the priority will be based on the distance to the interchange with a
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closer tourism attraction having priority over a farther tourism attraction.
When the Department cannot determine which tourism attraction is closest
to the appropriate exit ramp, priority for the available space will be
determined by lottery, coin toss, or any other fair and impartial method
determined by the Department. The affected tourism attraction will be
allowed to witness such action. Because each exit at an interchange is
treated separately, a tourism attraction may be eligible to sign from only
one direction of travel along a freeway.
Annual Attendance:
Less than 50,000 persons
10 points
50,000 to 149,999 persons
20 points
150,000 to 249,999 persons
30 points
250,000 persons or more
35 points
Days/Hours of Operation:
Open a minimum of 100 hours
per year
5 points
Open a minimum of 3 days
per week, 7 hours per day for
less than 6 months per year
but for a total of more than
400 hours per year
10 points
Open a minimum of 5 days
per week, 7 hours per day for
more than 6 months of the
year
20 points
Open year-round, except
major holidays, a minimum of
7 hours per day
30 points
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Distance from interchange:
(Except Cook, DuPage and Lake
Counties)
25.1 to 30 miles
5 points
20.1 to 25 miles
10 points
15.1 to 20 miles
15 points
10.1 to 15 miles
20 points
5.1 to 10 miles
23 points
5 miles or less
25 points
Distance from interchange:
(DuPage and Lake Counties Only)
9.1 to 10 miles
5 points
7.1 to 9.0 miles
10 points
5.1 to 7.0 miles
15 points
1.1 to 5.0 miles
20 points
1 mile or less
25 points
Distance from interchange:
(Cook County Only)
4.1 to 5 miles
10 points
3.1 to 4 miles
15 points
1.1 to 3.0 miles
20 points
1 mile or less
25 points
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Marketing Plan:
Attractions not demonstrating
any advertising efforts outside
a 50 mile radius of the
interchange
0 points
Attractions that advertise
outside a 50 mile radius of the
interchange on a limited basis
with fewer than five
advertisement placements per
year
5 points
Attractions that advertise on a
regular basis to markets
outside a 50 mile radius of the
interchange and/or conduct
public relations efforts to
generate visits from persons
outside that area
10 points
2)
An attraction will be guaranteed participation in the program for a
minimum of three years from the date of installation of its tourism
attraction signsfirst billing of the annual rental fees for the attraction
provided it continues to meet the requirements of this Section and is not in
arrears in its payments. Following the first three year period, signs for the
attraction with the lowest priority on a panel may be removed at the
beginning of the billing cycle in favor of another attraction with at least
30% higher priority based on subsection (dc)(1) of this Section. This will
only apply where the sign panel in question has the maximum number of
attraction signs allowed in Section 543.600(a)(2).
3)
When a tourism attraction closes temporarily due to remodeling, or due to
an act of God, including, but not limited to, fire or flood, the tourism
attraction shall notify the Department in writing of the closure.
Notification shall be sent to the:
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LOGO/Tourism Signing Coordinator
Illinois Department of Transportation
Bureau of Operations
2300 South Dirksen Parkway
Springfield, Illinois 6276462704
Following the closure, the tourism attraction signs will be removed and
returned to the tourism attractionstored by the Department for up to six
months. If the tourism attraction remains closed after six months, the
closure shall be considered as permanent and the space will be declared
available. In any event, if the allowable closure period extends to the
subsequent fiscal year, the annual rental fee for the tourism attraction must
be paid for that year or the space will be declared available. If the tourism
attraction does not notify the Department in writing of the closure and the
Department becomes aware of the closure, the closure shall be considered
permanent and the space will be declared available.
4)
ed)
When a tourism attraction closes permanently, the tourism attraction will
lose its signing priority and the space will be declared available. If the
tourism attraction reopens and wishes to again take part in the program if a
space is available, a new application must be submitted as specified in
Section 543.600(a). If the tourism attraction is still eligible for signing
under this program, priority will be evaluated among all other eligible
tourism attractions desiring signing at the interchange in question.
Location of Tourism Attraction
1)
Tourism Attraction on the Crossroad
Where a tourism attraction is on the crossroad, it must either be visible to
the motorists from the crossroad, or have a sign on the tourism attraction
site, visible to the motorists from the crossroad, advising motorists of the
appropriate entrance to the attraction.
2)
Tourism Attraction not on the Crossroad
A)
Where a tourism attraction is not on the crossroad, it must either be
visible to the motorists from the crossroad or have a trailblazer
sign or signs installed on the crossroad and the road or roads
leading to the attraction advising motorists where to turn.
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B)
Where roads leading from the crossroad to the attraction are State
highways, the Department will install trailblazer signs advising
motorists where to turn.
C)
Where roads leading from the crossroad to the attraction are under
local agency jurisdiction, freeway signing will not be provided
until legible trailblazer or other signs are installed by, or by
permission of, the local agencies, with directional information
advising motorists where to turn. It shall be the responsibility of
the tourism attraction to arrange with the appropriate local agency
for the installation of all signs on roads under the jurisdiction of the
local agency.
fe)
No tourism attraction will be allowed more than one space on an individual
tourism attraction panel.
gf)
Where an attraction is signed from a given freeway on an existing official sign,
(see Section 543.200, Definitions, "Official Sign"), other than a business logo
sign, it may not be signed on a tourism attraction sign on the same freeway unless
it agrees that the Department can remove its name from the official highway sign.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 543.500 Criteria for RV-friendly Symbol Signs (Repealed)
The Department will furnish and install an RV-friendly symbol sign on a freeway tourism
attraction sign for any tourism attraction meeting the following requirements.
a)
The entrance to and egress from the tourism attraction shall be paved, kept
free of potholes and shall be at least 12 feet wide with a minimum swing radius of
50 feet to enter and exit the facility.
b)
The entrance to and egress from the tourism attraction and the parking area shall
be free of any electrical wires, tree branches, canopies, or other obstructions up to
14 feet above the surface.
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c)
Tourism attractions shall have a minimum of 2 RV spaces at or near the facility
that are a minimum of 12 feet wide and 65 feet long with a minimum swing radius
of 50 feet to enter and exit the spaces.
d)
Campgrounds shall have a minimum of 2 spaces that are a minimum of 18 feet
wide and 45 feet long.
e)
Tourism attractions shall post signs on their sites directing motorists to RVfriendly parking spaces and other on-site RV-friendly services.
(Source: Repealed at 35 Ill. Reg. ______, effective ____________)
Section 543.600 Panel and Sign Design
a)
b)
Freeway Panel Design
1)
The word ATTRACTION and the exit number will be displayed above the
tourism attraction signs in white legend ten inches in height on a blue
background.
2)
Tourism attraction signs may be combined with business logo signs on the
same freeway panel with the business logo signs shown on the upper or
left portion or portions of the panel and the tourism attraction signs on the
lower or right portion of the panel. No more than a total of six signs may
be shown on any one panel. Attraction signs will not be combined with an
existing service panel displaying more than three business logo signs.
When tourism attraction signs are combined with business logo signs, one
space will remain available for each business logo service type displayed
on the panel.
Exit Ramp Panel Design
1)
Along exit ramps of single-exit interchanges, the tourism attraction signs
will be displayed in similar order to that on the freeway. The Department
will install the necessary directional arrows on the panel.
2)
Exit ramp panels of double-exit interchanges are designed similarly to
those of single-exit interchanges, except without directional arrows.
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23)
c)
Tourism attraction signs and business logo signs may be combined on exit
ramp panels.
Tourism Attraction Sign Design
1)
The tourism attraction signs will be designed by the tourism attraction and
supplied to the Department. The signs shall consist of the tourism
attraction name, trademark symbol, or combination thereof, providing it
does not resemble any traffic sign, signal, or device. The tourism
attraction name or trademark must be consistent with that used on other
signing for the tourism attraction and must be the primary message on the
sign. The tourism attraction signs may also contain supplemental
messages relating to the primary tourism attraction, including credit cards
honored by that tourism attraction and hours/days of the week the
attraction is open. A tourism attraction sign shall not display the
symbol/trademark or name of more than one business. If the tourism
attraction is open less than four days a week, the days open or closed shall
be shown. Messages that are not related to tourism attractions, including,
but not limited to, alcoholic beverages, lottery tickets, and vehicle sales
will not be allowed as supplemental messages. Supplemental messages
must be significantly smaller than the primary tourism attraction name,
trademark, or symbol used on the sign. The business sign may also
contain one supplemental message identifying that the business is RVfriendly, subject to the following requirements:
A)
The entrance to and egress from the attraction shall be hardsurfaced, kept free of potholes and at least 12 feet wide with a
minimum swing radius of 50 feet to enter and exit the facility.
B)
The entrance to and egress from the attraction and the parking area
shall be free of any electrical wires, tree branches, canopies or
other obstructions up to 14 feet above the surface.
C)
Fueling facilities with canopies are required to have a 14-foot
clearance, and those selling diesel fuel are required to have pumps
with non-commercial nozzles.
D)
Fueling facilities must allow for pull-through with a swing radius
of 50 feet.
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2)
E)
Attractions shall post signs on their sites directing motorists to RVfriendly parking spaces and other on-site RV-friendly services.
F)
The supplemental message shall either be "RV access" or "RV
friendly". It may also consist of an abbreviation "RV" in 6" black
letters inside a 10" diameter yellow circle with a black border
displayed within and near the lower right-hand corner of the
business sign.
Any supplemental messages must be an integral part of that tourism
attraction sign and not added as stickers or decals after the tourism
attraction sign has been installed. Any sign that is tampered with by the
tourism attraction by the addition or deletion of supplemental messages or
by altering the name, logo, or symbol or any other portion of the message
or design subsequent to installation will be removed by the Department.
The tourism attraction must then provide a new sign in addition to the $50
per sign reinstallation fee required by Section 543.700(b)(4). Covering
over of a message will not be allowed. Signs shall be fabricated on an
aluminum base material between .080 and .125 inches thick. Highperformance retroreflectorized background sheeting material shall be
utilized for the signs. The size of the signs to be installed on freeway
panels, exit ramp panels, and trailblazer signs shall be as follows:
PANEL TYPE
Freeway
Exit Ramp
Trailblazer
WIDTH
60"
24"
24"
SIGN
HEIGHT
36"
18"
18"
Business sign lettering, other than that which is part of a logo, shall be a
minimum of 8" high on freeway signs and 4" high on ramp and trailblazer
signs. Supplemental message lettering shall be a minimum of 5" high on
freeway signs and 2.5" high on ramp and trailblazer signs.
3)
In order to ensure that the signs meet the requirements of this Section, a
tourism attraction shall provide a sign design to the Department for
approval within 30 calendar days after approval of the application. If the
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NOTICE OF PROPOSED AMENDMENTS
sign design is not received by the Department within the 30-day time
period, the space will be declared available.
d)
RV-friendly Symbol Sign Design
1)
The RV-friendly symbol sign will be furnished and installed by the
Department. The sign will consist of a 12-inch diameter, yellow circle
with a ½-inch black border and a black upper case "RV" in 8-inch high
letters within the circle.
2)
The RV-friendly symbol sign will be located in the lower right-hand
corner of the tourism attraction sign and centered on a point 2-inches from
the right-hand edge of the sign and 2-inches from the lower edge of the
sign.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
Section 543.700 Application, Fees, and Other Regulations
a)
Application
1)
In order for a tourism attraction to be considered for the program, an
application form must be obtained from and, after completion, returned to
the:
Tourism Attraction Sign Coordinator
Illinois Department of Commerce and Economic Opportunity
OfficeBureau of Tourism
620 East Adams
Springfield, Illinois 62701
A separate application form must be completed for each tourism
attraction.
2)
When DCEO determines from the application that a tourism attraction
meets the criteria listed in this Part, the application will then be reviewed
by the Department to determine if space is available for the signs in
accordance with this Part.
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3)
b)
If the Department determines that space is available, the application will
be approved and returned to the tourism attraction, along with instructions
concerning the number and location of the tourism attraction signs, the
annual fee, and other appropriate information.
Fees
1)
A $100 non-refundable application fee for each tourism attraction must be
submitted to the Department (see Appendix A)at the address noted in
Section 543.400(c)(3) once the Department determines that space is
available. The $100 application fee for each request for attraction signing
that is not approved will be charged when a tourism attraction reapplies
for signing after the attraction's signs have been removed due to late rental
payments or temporary withdrawal from the program, or when a tourism
attraction changes its name and its ownership at the same time.
2)
An annual rental fee sufficient to offset the cost of the program will be
charged for each tourism attraction sign displayed on a freeway panel, exit
ramp panel, and trailblazer assembly. The annual rental fees as of July 1,
2007 will be $200 for each tourism attraction sign displayed on a freeway
panel, $130 for each tourism attraction sign displayed on an exit ramp
panel, and $30 for each tourism attraction sign displayed on a trailblazer
assembly. Fee will be due on July 1 of every year. When a tourism
attraction makes an annual payment, it will be guaranteed usage of the
paid space on the specific attraction panel for the entire year, as long as it
continues to meet the criteria established under this Part. Any tourism
attraction closing or withdrawing from the program after making its
annual payment will not be given a refund. A prorated fee will be charged
for signs erected for a partial year when a business is accepted and a sign
is installed after July 1.
3)
When the annual rental fee is not received by the Department within 30
calendar days after the due date specified in the annual billing letter, the
tourism attraction sign or signs will be removed by the Department.
Where receipt of payment is delinquent and tourisma specific attraction
panels arepanel is full, the tourism attraction will lose its signing priority
to the next tourism attraction desiring the space. When the fee is received
after the tourism attraction sign is removed, and space is still available on
the panel, the $100 application fee as provided for in subsection (b)(1) of
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NOTICE OF PROPOSED AMENDMENTS
this Section will apply. The annual fee for the remainder of the fiscal
year, as well as any portion of the annual fee owed for the period of time
between the end of the preceding fiscal year and the date the sign was
removed will also apply.
c)
4)
A fee of $50 for each tourism attraction sign will be charged for a tourism
attraction requesting that its signs be replaced with new signs for any
reason other than due to deterioration, damage, or vandalism, as provided
for in subsection (c)(21) of this Section. When replacement is requested,
all tourism attraction signs for the specific tourism attraction, including
those on freeway and exit ramp panels, as well as any Departmentinstalled trailblazer sign, must be replaced at the same time. However,
when the replacement only involves a change in a supplemental message,
any signs not containing a supplemental message need not be replaced.
5)
No fees will be charged to qualifying tourism attractions owned by the
State of Illinois or the federal government, nor will any fees be charged to
qualifying tourism attractions that are tax-exempt under section 501(c)(3)
or other applicable section of the federal Internal Revenue Code.
6)
A one-time fee of $100 will be charged for each RV-friendly symbol sign
furnished and installed by the Department.
Placing and Maintaining Tourism Attraction Signs
1)
A tourism attraction must pay for and supply tourism attraction signs to
the Department within 60 calendar days after approval of a sign design. If
the signs are not received by the Department within the 60-day time
period, the space will be declared available. Only the Department will
install, or cause to be installed, the tourism attraction signs on the specific
attraction panel and trailblazer signs. When a tourism attraction sign is so
deteriorated, damaged, or vandalized that it needs to be replaced, the
Department will notify the tourism attraction concerning fabrication of a
new sign. There will be no charge for the replacement of the tourism
attraction sign.
2)
When an attraction sign is so deteriorated, damaged or vandalized that it
needs replacement, the Department will notify the attraction to resubmit a
logo design within 30 days after the notification. The Department reserves
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NOTICE OF PROPOSED AMENDMENTS
the right to make the final determination of whether an attraction sign
needs to be replaced. Once the logo design is approved, the attraction
must supply the Department with the replacement signs within 60 days
after the logo design has been approved. There will be a fee of $50 for
each sign replaced due to deterioration that has been installed less than 10
years. There will be no charge for the replacement of an attraction sign
that has been damaged or vandalized. If a logo design is not received
within the 30-day time period or a replacement sign is not received within
the 60-day time period, the Department will remove all of the attraction's
business signs at the interchange and the attraction will lose its signing
priority.
32)
Tourism attractions will be required to certify on the application that their
signs meet the criteria established under this Part. When DCEO receives a
complaint from a third party that an approved tourism attraction may not
be in compliance with the criteria established under this Part, the tourism
attraction will be contacted by DCEO to determine if the tourism
attraction signs meet the established criteria. If DCEO determines that the
tourism attraction fails to qualify, DCEO will notify the tourism attraction
in writing to make the necessary change or changes so as to comply or the
tourism attraction signs will be removed.
(Source: Amended at 35 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED AMENDMENTS
Section 543.APPENDIX A District Offices and Counties
District 1
Bureau of Traffic
201 West Center Court
Schaumburg IL 60196-1096
847/705-4411
Cook, DuPage, Kane,
Lake, McHenry and Will
District 2
Bureau of Operations
819 Depot Avenue
Dixon IL 61021-3500
815/284-5395
Boone, Carroll, Henry,
JoDaviess, Lee, Ogle,
Rock Island, Stephenson,
Winnebago and Whiteside
District 3
Bureau of Operations
700 East Norris Drive
Ottawa IL 61350
815/434-8417
Bureau, DeKalb, Ford,
Grundy, Iroquois,
Kankakee, Kendall,
LaSalle and Livingston
District 4
Bureau of Operations
401 Main
Peoria IL 61602
309/671-4460
Fulton, Henderson, Knox,
Marshall, McDonough,
Mercer, Peoria, Putnam,
Stark, Tazewell, Warren
and Woodford
District 5
Bureau of Operations
13473 IL Hwy. 133
P.O. Box 610
Paris IL 61944
217/466-7234
Champaign, DeWitt,
Douglas, Edgar, McLean,
Piatt and Vermilion
District 6
Bureau of Operations
126 East Ash
Springfield IL 62704-4792
217/782-7314
Adams, Brown, Cass,
Christian, Hancock, Logan,
Macoupin, Mason,
Menard, Montgomery,
Morgan, Pike, Sangamon,
Schuyler and Scott
District 7
Bureau of Operations
400 West Wabash
Effingham IL 62401
Clark, Clay, Coles,
Crawford, Cumberland,
Edwards, Effingham,
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DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED AMENDMENTS
217/342-8261
Fayette, Jasper, Lawrence,
Macon, Moultrie,
Richland, Shelby, Wabash
and Wayne
District 8
Bureau of Operations
1102 EastPort Plaza
Collinsville IL 62234
618/346-3250
Bond, Calhoun, Clinton,
Greene, Jersey, Madison,
Marion, Monroe,
Randolph, St. Clair and
Washington
District 9
Bureau of Operations
State Transportation Building
2801 W. Murphysboro
P.O. Box 100
Carbondale IL 62903
618/351-5240
Alexander, Franklin,
Gallatin, Hamilton,
Hardin, Jackson, Jefferson,
Johnson, Massac, Perry,
Pope, Pulaski, Saline,
Union, White and
Williamson
(Source: Added at 35 Ill. Reg. ______, effective ____________)
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STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part: Public Schools Evaluation, Recognition and Supervision
2)
Code Citation: 23 Ill. Adm. Code 1
3)
Section Numbers:
1.30
1.88
1.110
1.705
4)
Statutory Authority: 105 ILCS 5/2-3.6
5)
Effective Date of Amendments: July 6, 2011
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? Yes; see Sections 1.30(a)(1)
and 1.30(b)(1).
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: March 4, 2011; 35 Ill. Reg. 3668
10)
Has JCAR issued a Statement of Objection to these amendments? No
11)
Differences between proposal and final version: The zip code in Section 1.110(a) was
modified to eliminate the four-digit extension.
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 other proposed rulemakings pending on this Part? No
15)
Summary and Purpose of Amendments: Each of the proposed changes is summarized
below by topic in the order in which they appear in the rulemaking.
Adopted Action:
Amendment
Amendment
New Section
Amendment
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
State Assessment. Section 1.30(i) has been amended to eliminate an obsolete reference
to the administration of the Terra Nova assessment for students in grade 2.
Annual Measurable Achievement Objectives (English language learners). Section
1.88 of the rules sets forth the annual measurable achievement objectives (AMAOs) for
educational agencies that use funds from Title III of the Act. Section 3122 of the Act
requires each state agency receiving funding under Title III to develop AMAOs that
relate to the recipient children's development and attainment of English proficiency.
Effective January 3, 2011, Section 1.88 established the annual targets that school districts
and cooperatives must meet for both progress and proficiency. While the U.S.
Department of Education (USDE) approved the progress target for use in calculating the
2009-2010 AMAO determinations, it questioned whether a gain in one domain was an
accurate measure of progress in instances in which the student's level concurrently
decreased in another of the four domains.
In response to USDE's concerns, the Illinois Advisory Council on Bilingual Education
recommended that the agency define progress as an overall gain in a student’s composite
proficiency level as determined by his or her overall scale score achieved on the
ACCESS for ELLs®, rather than considering only the student's proficiency level in any
one language domain of reading, writing, listening or speaking. In determining the
overall scale score, the scores achieved in each language domain of reading, writing,
listening and speaking are averaged, with greater weight in the calculation given to the
student’s literacy ability (i.e., reading and writing make up 70 percent of the score).
Under the revised target, it is expected that the total percentage of students meeting the
composite progress target will be less since an overall composite literacy proficiency
level is a more comprehensive measure of English language development than any one
single language domain measurement. In recognition of this fact, and based on an
analysis of the percentage of students who would meet the new progress target, an
adjustment has been made in the percentage of students showing progress that a school
district must have in order to meet the progress target. (See Section 1.88(a)(1)(C).)
Exemptions from Mandates. P.A. 96-1441, effective August 20, 2010, authorizes
school districts and private schools to petition regional offices of education for relief
from mandates in the School Code or agency rules enacted after the effective date of the
act. Appeals of decisions to approve or deny an exemption request made by school
districts, private schools or residents are sent to the State Superintendent of Education for
action. New Section 1.110 sets forth the requirements for this appeal process, and this
section addresses the materials that must be included with an appeal request, notice
requirements for the appeal hearing, limits on oral testimony during the hearing, and the
criterion to be used to accept or deny the appeal. The section also outlines the process for
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
City of Chicago School District 299 and private schools in Chicago to seek exemptions
since the State Board of Education serves as the regional office of education for the city
of Chicago.
Supervisory and Administrative Qualifications. Section 1.705 sets forth the
qualifications for supervisory and administrative staff and has been updated to include
consideration of the new principal’s endorsement. This endorsement will replace the
general administrative endorsement, starting on July 1, 2014, but individuals holding a
general administrative endorsement before that time will remain qualified. Additionally,
Section 1.705(g) has been corrected to reflect requirements for special education directors
that are set forth in Section 226.800(g) of rules governing Special Education rather than
in Section 226.800(h), which is specific to special education supervisors.
16)
Information and questions regarding these adopted amendments shall be directed to:
Vicki Phillips, Interim Division Administrator
Division of Educator and School Development
Illinois State Board of Education
100 North First Street, E-310
Springfield, Illinois 62777
217/782-2948
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER a: PUBLIC SCHOOL RECOGNITION
PART 1
PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION
SUBPART A: RECOGNITION REQUIREMENTS
Section
1.10
1.20
1.30
1.40
1.50
1.60
1.70
1.75
1.77
1.80
1.85
1.88
1.90
1.95
1.100
1.110
Public School Accountability Framework
Operational Requirements
State Assessment
Adequate Yearly Progress
Calculation of Participation Rate
Subgroups of Students; Inclusion of Relevant Scores
Additional Indicators for Adequate Yearly Progress
Student Information System
Educator Certification System
Academic Early Warning and Watch Status
School and District Improvement Plans; Restructuring Plans
Additional Accountability Requirements for Districts Serving Students of Limited
English Proficiency Under Title III
System of Rewards and Recognition − The Illinois Honor Roll
Appeals Procedure
Waiver and Modification of State Board Rules and School Code Mandates
Appeal Process Under Section 22-60 of the School Code
SUBPART B: SCHOOL GOVERNANCE
Section
1.210
1.220
1.230
1.240
1.242
1.245
1.250
Powers and Duties (Repealed)
Duties of Superintendent (Repealed)
Board of Education and the School Code (Repealed)
Equal Opportunities for all Students
Temporary Exclusion for Failure to Meet Minimum Academic or Attendance
Standards
Waiver of School Fees
District to Comply with 23 Ill. Adm. Code 180 (Repealed)
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1.260
1.270
1.280
1.285
1.290
Commemorative Holidays to be Observed by Public Schools (Repealed)
Book and Material Selection (Repealed)
Discipline
Requirements for the Use of Isolated Time Out and Physical Restraint
Absenteeism and Truancy Policies
SUBPART C: SCHOOL DISTRICT ADMINISTRATION
Section
1.310
1.320
1.330
Administrative Qualifications and Responsibilities
Evaluation of Certified Staff in Contractual Continued Service
Hazardous Materials Training
SUBPART D: THE INSTRUCTIONAL PROGRAM
Section
1.410
1.420
1.430
1.440
1.445
1.450
1.460
1.462
1.465
1.470
1.480
Determination of the Instructional Program
Basic Standards
Additional Criteria for Elementary Schools
Additional Criteria for High Schools
Required Course Substitute
Special Programs (Repealed)
Credit Earned Through Proficiency Examinations
Uniform Annual Consumer Education Proficiency Test (Repealed)
Ethnic School Foreign Language Credit and Program Approval
Adult and Continuing Education
Correctional Institution Educational Programs
SUBPART E: SUPPORT SERVICES
Section
1.510
1.515
1.520
1.530
1.540
Transportation
Training of School Bus Driver Instructors
School Food Services (Repealed)
Health Services
Pupil Personnel Services (Repealed)
SUBPART F: STAFF CERTIFICATION REQUIREMENTS
Section
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STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
1.610
1.620
1.630
1.640
1.650
1.660
Personnel Required to be Qualified
Accreditation of Staff (Repealed)
Noncertificated Personnel
Requirements for Different Certificates (Repealed)
Transcripts of Credits
Records of Professional Personnel
SUBPART G: STAFF QUALIFICATIONS
Section
1.705
1.710
1.720
1.730
1.735
1.736
1.737
1.740
1.745
1.750
1.755
1.760
1.762
1.770
1.780
1.781
1.782
1.790
Requirements for Supervisory and Administrative Staff
Requirements for Elementary Teachers
Requirements for Teachers of Middle Grades
Minimum Requirements for Secondary Teachers and Specified Subject Area
Teachers in Grades Six (6) and Above through June 30, 2004
Requirements to Take Effect from July 1, 1991, through June 30, 2004
Requirements to Take Effect from July 1, 1994, through June 30, 2004
Minimum Requirements for the Assignment of Teachers in Grades 9 through 12
Beginning July 1, 2004
Standards for Reading through June 30, 2004
Requirements for Reading Teachers and Reading Specialists at all Levels as of
July 1, 2004
Standards for Media Services through June 30, 2004
Requirements for Library Information Specialists Beginning July 1, 2004
Standards for Pupil Personnel Services
Supervision of Speech-Language Pathology Assistants
Standards for Special Education Personnel
Standards for Teachers in Bilingual Education Programs
Requirements for Bilingual Education Teachers in Prekindergarten, Kindergarten
and any of Grades 1-12
Requirements for Teachers of English as a Second Language in Prekindergarten,
Kindergarten and any of Grades 1-12
Substitute Teacher
1.APPENDIX A
1.APPENDIX B
1.APPENDIX C
1.APPENDIX D
1.APPENDIX E
Professional Staff Certification
Certification Quick Reference Chart (Repealed)
Glossary of Terms (Repealed)
State Goals for Learning
Evaluation Criteria – Student Performance and School Improvement
Determination (Repealed)
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
12334
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NOTICE OF ADOPTED AMENDMENTS
1.APPENDIX F
1.APPENDIX G
Criteria for Determination – Student Performance and School
Improvement (Repealed)
Criteria for Determination – State Assessment (Repealed)
AUTHORITY: Implementing Sections 2-3.25, 2-3.25g, 2-3.44, 2-3.96, 10-17a, 10-20.14, 1022.43a, 14C-8, 21-0.01, 22-60, 26-13, 27-3.5, 27-12.1, 27-13.1, 27-20.3, 27-20.4, 27-20.5, 2722, 27-23.3 and 27-23.8 and authorized by Section 2-3.6 of the School Code [105 ILCS 5/2-3.25,
2-3.25g, 2-3.44, 2-3.96, 10-17a, 10-20.14, 10-22.43a, 14C-8, 21-0.01, 22-60, 26-13, 27-3.5, 2712.1, 27-13.1, 27-20.3, 27-20.4, 27-20.5, 27-22, 27-23.3, 27-23.8 and 2-3.6].
SOURCE: Adopted September 21, 1977; codified at 7 Ill. Reg. 16022; amended at 9 Ill. Reg.
8608, effective May 28, 1985; amended at 9 Ill. Reg. 17766, effective November 5, 1985;
emergency amendment at 10 Ill. Reg. 14314, effective August 18, 1986, for a maximum of 150
days; amended at 11 Ill. Reg. 3073, effective February 2, 1987; amended at 12 Ill. Reg. 4800,
effective February 26, 1988; amended at 14 Ill. Reg. 12457, effective July 24, 1990; amended at
15 Ill. Reg. 2692, effective February 1, 1991; amended at 16 Ill. Reg. 18010, effective November
17, 1992; expedited correction at 17 Ill. Reg. 3553, effective November 17, 1992; amended at 18
Ill. Reg. 1171, effective January 10, 1994; emergency amendment at 19 Ill. Reg. 5137, effective
March 17, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6530, effective May 1,
1995; amended at 19 Ill. Reg. 11813, effective August 4, 1995; amended at 20 Ill. Reg. 6255,
effective April 17, 1996; amended at 20 Ill. Reg. 15290, effective November 18, 1996; amended
at 22 Ill. Reg. 22233, effective December 8, 1998; emergency amendment at 24 Ill. Reg. 6111,
effective March 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 12985, effective
August 14, 2000; amended at 25 Ill. Reg. 8159, effective June 21, 2001; amended at 25 Ill. Reg.
16073, effective November 28, 2001; amended at 26 Ill. Reg. 1157, effective January 16, 2002;
amended at 26 Ill. Reg. 16160, effective October 21, 2002; amended at 28 Ill. Reg. 8486,
effective June 1, 2004; emergency amendment at 28 Ill. Reg. 13637, effective September 27,
2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1891, effective January 24, 2005;
amended at 29 Ill. Reg. 11811, effective July 13, 2005; amended at 29 Ill. Reg. 12351, effective
July 28, 2005; amended at 29 Ill. Reg. 15789, effective October 3, 2005; amended at 29 Ill. Reg.
19891, effective November 23, 2005; amended at 30 Ill. Reg. 8480, effective April 21, 2006;
amended at 30 Ill. Reg. 16338, effective September 26, 2006; amended at 30 Ill. Reg. 17416,
effective October 23, 2006; amended at 31 Ill. Reg. 5116, effective March 16, 2007; amended at
31 Ill. Reg. 7135, effective April 25, 2007; amended at 31 Ill. Reg. 9897, effective June 26,
2007; amended at 32 Ill. Reg. 10229, effective June 30, 2008; amended at 33 Ill. Reg. 5448,
effective March 24, 2009; amended at 33 Ill. Reg. 15193, effective October 20, 2009; amended
at 34 Ill. Reg. 2959, effective February 18, 2010; emergency amendment at 34 Ill. Reg. 9533,
effective June 24, 2010, for a maximum of 150 days; amended at 34 Ill. Reg. 17411, effective
October 28, 2010; amended at 35 Ill. Reg. 1056, effective January 3, 2011; amended at 35 Ill.
Reg. 2230, effective January 20, 2011; amended at 35 Ill. Reg. 12328, effective July 6, 2011.
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
12335
11
NOTICE OF ADOPTED AMENDMENTS
SUBPART A: RECOGNITION REQUIREMENTS
Section 1.30 State Assessment
The State Superintendent of Education shall develop and administer assessment instruments and
other procedures in accordance with Section 2-3.64 of the School Code [105 ILCS 5/2-3.64]. In
addition, school districts shall collaborate with the State Superintendent in the design and
implementation of special studies.
a)
Development and Participation
1)
Assessment instruments and procedures shall meet generally accepted
standards of validity and reliability as stated in "Standards for Educational
and Psychological Testing" (1999), published by the American
Educational Research Association, 1230 17th St., N.W., Washington, D.C.
20036. (No later amendments to or editions of these standards are
incorporated.)
2)
Districts shall participate in special studies, tryouts, and/or pilot testing of
these assessment procedures and instruments when one or more schools in
the district are selected to do so by the State Superintendent.
3)
A school shall generally be selected for participation in these special
studies, tryouts, and/or pilot testing no more than once every four years,
except that participation may be required twice every four years in the
case of the Illinois Alternate Assessment.
4)
All pupils enrolled in a public or State-operated elementary school,
secondary school, or cooperative or joint agreement with a governing
body or board of control, a charter school operating in compliance with
the Charter Schools Law [105 ILCS 5/Art. 27A], a school operated by a
regional office of education under Section 13A-3 of the School Code [105
ILCS 5/13A-3], or a public school administered by a local public agency
or the Department of Human Services shall be required to participate in
the State assessment, whether by taking the regular assessment, with or
without accommodations, or by participating in an alternate form of the
assessment (Sections 2-3.25a and 2-3.64 of the School Code).
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
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NOTICE OF ADOPTED AMENDMENTS
5)
b)
A)
Students who are served in any locked facility that has a Stateassigned RCDTS (region/county/district/type/school) code,
students who attend public university laboratory schools under
Section 18-8.05(K) of the School Code, and students beyond the
age of compulsory attendance (other than students with IEPs)
whose programs do not culminate in the issuance of regular high
school diplomas are not required to participate in the State
assessment.
B)
It is the responsibility of each district or other affected entity to
ensure that all students required to participate in the State
assessment do so. See also Section 1.50 of this Part.
Each district or other affected entity shall ensure the availability of
reasonable accommodations for participation in the State assessment by
students with disabilities, as reflected in those students' IEPs or plans
developed under Section 504 of the Rehabilitation Act of 1973 (29 USC
794), or limited English proficiency.
Assessment Procedures
1)
All assessment procedures and practices shall be based on fair testing
practice, as described in "Code of Fair Testing Practices in Education"
(2004), published by the Joint Committee on Testing Practices of the
American Educational Research Association, American Psychological
Association, and National Council on Measurement in Education, 750
First Avenue, N.E., Washington, D.C. 20002-4242. (No later amendments
to or editions of this code are incorporated.)
2)
Districts and other affected entities shall protect the security and
confidentiality of all assessment questions and other materials that are
considered part of the approved State assessment, including but not
necessarily limited to test items, reading passages, charts, graphs, and
tables.
3)
Districts shall promptly report to the State Superintendent all complaints
received by the district of testing irregularities. A district shall fully
investigate the validity of any such complaint and shall report to the State
Superintendent the results of its investigation.
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4)
Districts shall administer the Prairie State Achievement Examination
(PSAE) or the Illinois Alternate Assessment (IAA), if applicable under
subsection (d) of this Section, to students in grade 11. (See Section 2-3.64
of the School Code.) For the purpose of this subsection (b)(4), "grade 11"
means the point in time when a student has earned the number of credits
necessary for enrollment in grade 11, as determined by his or her school
district in accordance with Sections 1.420(b) and 1.440 of this Part. A
district shall not promote a student to grade 12 status until that student has
taken either the PSAE or IAA, as applicable.
c)
Accommodations
Students who have been identified at the local level as having limited proficiency
in English as provided in 23 Ill. Adm. Code 228.15, including students not
enrolled in programs of bilingual education, may participate in an accommodated
State assessment, subject to the limitations set forth in Section 2-3.64 of the
School Code. A student with limited proficiency in English shall be afforded
extra time for completion of the State assessment when, in the judgment of the
student's teacher, extra time is necessary in order for the student's performance to
reflect his or her level of achievement more accurately, provided that each test
must be completed in one session. See also Section 1.60(b) of this Part.
d)
Illinois Alternate Assessment
Students with the most significant cognitive disabilities whose IEPs identify the
regular State assessment as inappropriate for them even with accommodations
shall participate in the Illinois Alternate Assessment (IAA), based on alternate
achievement standards, for all subjects tested. See also Section 1.60(c) of this
Part.
e)
Review and Verification of Information
Each school district and each charter school shall have an opportunity to review
and, if necessary, correct the preliminary data generated from the administration
of the State assessment, including information about the participating students as
well as the scores achieved.
1)
Within 10 days after the preliminary data for the Illinois Standards
Achievement Test (ISAT) and the IAA are made available and within five
days after preliminary data for the PSAE are made available, each district
or charter school shall make any necessary corrections to its demographic
and score data and then use a means prescribed by the State Board to
indicate either:
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f)
A)
that both its demographic and preliminary data are correct; or
B)
that it is requesting rescoring of some or all portions of the
assessment for specific students.
2)
When districts request rescoring, staff of the State Board and/or its
contractor shall have an additional period of 21 days within which to work
with the affected district or charter school to make any resulting
corrections.
3)
At the end of the 21-day period discussed in subsection (e)(2) of this
Section, all districts' and charter schools' data shall stand as the basis for
the applicable school report cards and determination of status. Any
inaccuracies that are believed to persist at that time shall be subject to the
appeal procedure set forth in Section 1.95 of this Part.
Reports of State Assessment Results
1)
Following verification of the data under subsection (e) of this Section, the
State Board shall send each school and district a report containing final
information from the results of each administration of the State
assessment.
A)
The scores of students who are served by cooperatives or joint
agreements, in Alternative Learning Opportunities Programs
established under Article 13B of the School Code, by regional
offices of education under Section 13A-3 of the School Code, by
local agencies, or in schools operated by the Department of Human
Services, scores of students who are served in any other program
or school not operated by a school district and who are scheduled
to receive regular high school diplomas, all scores of students who
are wards of the State, and all scores of students who have IEPs,
shall be reported to the students' respective districts of residence
and to the schools within those districts that they would otherwise
attend.
B)
The scores of students enrolled in charter schools shall be reported
to the chief administrator of the charter school and to any school
district serving as a chartering entity for the charter school.
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2)
Each report shall include, as applicable to the receiving entity:
A)
results for each student to whom the State assessment was
administered (excluding any scores deemed by the State Board to
be invalid due to testing irregularities); and
B)
summary data for the school and/or district and the State, including
but not limited to raw scores, scale scores, comparison scores,
including national comparisons when available, and distributions
of students' scores among the applicable proficiency classifications
(see subsection (h) of this Section).
g)
Each school district and each charter school shall receive notification from the
State Board of Education as to the status of each affected school and the district
based on the attainment or non-attainment of adequate yearly progress as reflected
in the final data. These determinations shall be subject to the appeal process set
forth in Section 1.95 of this Part.
h)
Classification of Scores
Each score achieved by a student on a regular or alternate State assessment shall
be classified among a set of performance levels, as reflected in score ranges that
the State Board shall disseminate at the time of testing, for the purpose of
identifying scores that "demonstrate proficiency".
i)
1)
Each score achieved by a student on a regular State assessment (i.e., the
ISAT or the PSAE) shall be classified as "academic warning", "below
standards", "meets standards", or "exceeds standards". Among these
scores, those identified as either meeting or exceeding standards shall be
considered as demonstrating proficiency.
2)
Each score achieved by a student on the IAA shall be classified as "entry",
"foundational", "satisfactory", or "mastery". Among these scores, those
identified as "satisfactory" or "mastery" shall be considered as
demonstrating proficiency.
Scores Relevant to Adequate Yearly Progress
For purposes of determining whether a district or a school has made adequate
yearly progress, scores achieved on a State assessment in reading or mathematics
shall be "relevant scores". For schools without grades higher than 2 (that is, for
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schools where no State assessment is administered), scores achieved by students
in Grade 2 on the Terra Nova examination (CTB McGraw-Hill, 20 Ryan Ranch
Road, Monterey CA 93940 (2001)) shall also be considered "relevant scores" for
school years from 2002-03 through 2005-06. Beginning with the 2006-07 school
year, the determination as to whether a school in this group has made adequate
yearly progress shall be the determination applicable to the school where the
largest number of students go on into the third grade.
(Source: Amended at 35 Ill. Reg. 12328, effective July 6, 2011)
Section 1.88 Additional Accountability Requirements for Districts Serving Students of
Limited English Proficiency Under Title III
This Section implements section 3122 of the No Child Left Behind Act of 2001 (NCLB) (20
USC 6842), which requires that states establish "Annual Measurable Achievement Objectives"
(AMAOs) for educational agencies that use funds provided under Title III of the Act to serve
students of limited proficiency in English and hold those entities accountable for meeting those
objectives. Further, this Section implements section 3113(b)(5) of NCLB (20 USC 6823), which
requires states to hold local educational agencies and schools accountable for meeting all the
objectives described in NCLB section 3122.
a)
The three distinct AMAOs address progress, proficiency, and adequate yearly
progress (AYP), respectively, in connection with students taking the annual
English language proficiency assessment prescribed by the State Board of
Education in 23 Ill. Adm. Code 228 (Transitional Bilingual Education). These
objectives shall apply at the district or cooperative level, as applicable, i.e., based
on the test scores achieved by all the students served by each entity that receives
Title III funding. In order to "meet AMAOs" for any given year, a district or
cooperative must achieve all of the applicable objectives described in this
subsection (a).
1)
"Progress" relates to the percentage of a school district's or cooperative's
students who are making progress in learning English. An individual
student is determined to have made progress in English when his or her
composite English proficiency level, which is derived from his or her
scorewhose scores on a given administration of the English language
proficiency assessment, increased in comparison to thetheir previous
composite English proficiency level achievedscores by at least .5 of a
proficiency level or, in the second administration of the English language
proficiency assessment, the student achieved the maximum composite
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English proficiency level attainable on the assessment. (Also see
subsection (a)(1)(E) of this Section.)of attainment on any one of the four
domains (listening, speaking, reading, and writing) or reflect the
maximum attainable level in any one of the four domains. The composite
English proficiency levelsscores of students tested but not being served in
bilingual education programs shall not be counted for this purpose.
A)
For the purpose of this subsection (a), "composite English
proficiency level" means the level associated with the overall scale
score achieved on the English language proficiency assessment.
The overall scale score is calculated using individual scores
achieved in each of the four domains of listening, speaking,
reading and writing, with greater value being placed on literacy
development (i.e., reading and writing scores are weighted).
B)
The Illinois annual progress target shall be 54.491 percent of
students showing progress for school year 2010-112009-10, which
shall increase to 69.697 percent by school year 2015-16.
CB)
The percentage of a district's or cooperative's students who show
progress shall increase by a minimum of 31 percent each year.
DC)
The provisions of this subsection (a)(1) shall apply provided that
the number of students enrolled during the time in which the Stateprescribed English language proficiency assessment is
administered and being served in bilingual education programs is
no fewer than 45 at the district or cooperative level, as applicable.
ED)
A student's composite English proficiency levelscore shall be
counted for this purpose only if he or she has participated in at
least two consecutive administrations of the State-prescribed
English language proficiency assessment, except as provided in
subsections (a)(1)(D)(i) and (ii) of this Section.
i)
For a student who previously was enrolled in an Illinois
school district and who re-enrolled in an Illinois school
district during the current school year, the level of
attainment for making progress shall be determined as
prescribed in subsection (a)(1) of this Section using the
student's current composite English proficiency levelscore
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on the State-prescribed English language proficiency
assessment compared to the student's most recent, previous
composite English proficiency levelscore achieved when he
or she was enrolled in an Illinois district.
ii)
2)
For a student enrolled in an Illinois school district and who,
for any reason other than not having been enrolled in an
Illinois school district at the time of testing, does not have
composite English proficiency levelsscores from two
consecutive administrations of the State-prescribed English
language proficiency assessment, the level of attainment for
making progress shall be calculated by multiplying the
number of years between the two most recent
administrations of the State-prescribed English language
proficiency assessment in which the student has
participated by .5. For example, a student who took the test
in school year 2010-112009-10 and school year 2008092007-08 must increase his or her composite English
proficiency levelscore by 1.0 of a proficiency level of
attainment in any of the four domains in order to be
considered as making progress (.5 of a proficiency level of
attainment x 2 years = 1.0 of a proficiency level of
attainment).
"Proficiency" relates to the percentage of students who attained the scores
identified by the State Board of Education (ISBE) as demonstrating
English language proficiency and eligibility to exit bilingual education.
The scores of students tested but not being served in bilingual education
programs shall not be counted for this purpose.
A)
The Illinois annual proficiency target shall be six percent of
students attaining English proficiency for school year 2009-10,
with the target increasing to 15 percent by school year 2015-16.
B)
The percentage of the district's or cooperative's students attaining
proficiency shall increase by 1 or 2 percent each year. The State
Superintendent shall inform districts and cooperatives annually of
the percentage to be used.
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C)
3)
The provisions of this subsection (a)(2) shall apply provided that
the number of students enrolled during the time in which the Stateprescribed English language proficiency assessment is
administered and being served in bilingual education programs is
no fewer than 45 at the district or cooperative level, as applicable.
"Adequate yearly progress" or "AYP" has the meaning given to that term
in Section 1.40 of this Part, except that, for purposes of this Section, AYP
is specific to the scores earned on the reading and mathematics portions of
the State assessment by students with limited proficiency in English, to
their participation in the State assessment, and to their attendance or
graduation rate, as applicable. The AYP objective shall apply only when
the number of students served is treated as a subgroup under Section
1.60(a) of this Part.
b)
In order to avoid penalizing districts and cooperatives for the decision bias that is
associated with drawing inferences from a small distribution, a 95 percent
"confidence interval" shall be applied to the data involved in each calculation
discussed in subsection (a) of this Section. (A confidence interval is a
mathematical approach designed to compensate for the unreliability of data
derived from consideration of small groups.)
c)
The scores of all students served by a cooperative shall be analyzed as one group
for purposes of determining whether the cooperative has met AMAOs in a given
year. When a district changes cooperative membership, the scores of its students
from the most recently completed school year will be used to determine whether
the new cooperative has met progress under subsection (a)(1) of this Section. The
determination for a cooperative shall also apply to each of its member districts.
d)
Section 3122(b) of NCLB requires entities funded under Title III that fail to reach
AMAOs for two consecutive years to prepare improvement plans designed to
ensure that the entities will meet those objectives in the future. Each entity that is
subject to this requirement shall submit its plan no later than six months after it
receives notification from ISBE of its failure to meet AMAOs for the second
consecutive year. Should a district or cooperative elect not to apply for Title III
funding in the subsequent year, it shall be required to submit an improvement plan
before it next applies, unless data on the performance of its students demonstrate
that the entity met AMAOs in the most recent year preceding its new application
for funding. ISBE shall not approve an application for Title III funds from an
entity that is subject to this requirement until its plan has been submitted.
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e)
f)
When an entity funded under Title III has failed to reach AMAOs for four
consecutive years, ISBE shall, as required by section 3122(b)(4) of NCLB:
1)
require the entity to modify its curriculum, program, and method of
instruction; or
2)
make a determination regarding the entity's continued receipt of funds
under Title III and require the entity to replace educational personnel
relevant to the entity's failure to meet the achievement objectives.
The sanctions chosen pursuant to subsection (e) of this Section shall be identified
based upon ISBE's analysis of the factors that prevented the entity from attaining
the AMAOs, including those factors presented in the improvement plan submitted
in accordance with subsection (d) of this Section. In particular, ISBE shall deny
continued Title III funding to an entity that:
1)
fails or refuses to serve students according to relevant legal and/or
regulatory requirements; or
2)
prolongs or repeats instances of noncompliance to a degree that indicates
an intention not to comply with relevant requirements.
(Source: Amended at 35 Ill. Reg. 12328, effective July 6, 2011)
Section 1.110 Appeal Process Under Section 22-60 of the School Code
Section 22-60 of the School Code [105 ILCS 5/22-60] authorizes regional superintendents of
schools to grant exemptions from certain mandates contained in the School Code [105 ILCS 5]
or in administrative rules of the State Board of Education. Any decision of the regional
superintendent regarding a school district's or private school's request for an exemption may be
appealed to the State Superintendent by the school district, the private school or a resident of the
district.
a)
A school district, private school or resident wishing to appeal the decision of the
regional superintendent to deny or approve an exemption request may do so by
sending a written appeal on or before April 15 by certified mail to the Illinois
State Board of Education, Governmental Relations Division, 100 North First
Street, S-404, Springfield, Illinois 62777 or by email to mandateappeal@isbe.net.
The written appeal shall include:
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1)
the date the regional office of education acted on the exemption request;
2)
a copy of the original request that includes the citation of the rule or
School Code section involved;
3)
a copy of the regional superintendent's decision to grant or deny the
request;
4)
a narrative explanation of the petitioner's objections to the regional
superintendent's decision (not to exceed two pages), along with any
documentation that directly supports the argument being made; and
5)
the name, address, telephone number and contact person of the school
district or private school submitting the appeal, or the name, address and
telephone number of the resident submitting the appeal.
b)
The State Superintendent of Education shall provide written notice of the date,
time, and location of the hearing to consider the appeal to the petitioner not less
than 10 days before the hearing date. The notice shall be sent by certified mail,
return receipt requested. Copies of the notice of hearing also shall be provided to
the school district's regional superintendent of schools and, in the case of a
resident's appeal, to the school district superintendent or private school
administrator. Any hearing shall be held no later than May 15 of each year.
c)
A petitioner may present oral testimony at the hearing, not to exceed 30 minutes.
Any responses to the petitioner's testimony made by the school district, private
school or regional superintendent of schools also shall be limited to no more than
30 minutes.
d)
The State Superintendent of Education shall consider the net costs associated with
the implementation of the mandate and other evidence of its financial impact
presented by the school district or private school to determine if implementation
or operation is cost-prohibitive. For purposes of this Section, "cost-prohibitive"
means that the financial burden of implementing or operating the mandate is
greater than the benefits to be received.
e)
The State Superintendent shall inform the petitioner of his or her decision at the
conclusion of the hearing. (See Section 22-60(b) of the School Code.) A written
summary of the decision, including reasons for accepting or denying the appeal,
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shall be provided to each affected party no later than 10 calendar days after the
hearing.
f)
A school district, private school or regional superintendent of schools shall
provide to a resident of the district, upon the resident's request, a copy of the
original exemption request or a copy of the decision regarding the exemption
request, along with the reason for the denial or approval, no later than 10 calendar
days after the request has been made.
g)
City of Chicago School District 299 or a private school located in the City of
Chicago shall submit any request for an exemption from a statutory or regulatory
mandate to the Division Administrator of the Educator and School Development
Division, 100 North First Street, E-310, Springfield, Illinois 62777, within the
timelines and in the format specified in Section 22-60 of the School Code.
1)
The division administrator shall schedule a public hearing to take
testimony from the district and interested residents about the request.
2)
A committee comprised of representatives from each department of the
State Board of Education with a responsibility for the statutory or
regulatory mandate shall review the request and the testimony provided at
the public hearing. The committee shall recommend to the division
administrator whether the request should be granted, and the division
administrator shall send written notification of his or her decision to the
district or private school on or before March 15, along with reasons why
the exemption was granted or denied.
3)
A public hearing conducted under this subsection (g) shall comply with
the Open Meetings Act [5 ILCS 120].
4)
The process for a school district, private school or resident to appeal a
decision made pursuant to subsection (g)(2) of this Section shall be as
provided in this Section.
(Source: Added at 35 Ill. Reg. 12328, effective July 6, 2011)
SUBPART G: STAFF QUALIFICATIONS
Section 1.705 Requirements for Supervisory and Administrative Staff
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a)
Each district superintendent shall hold an administrative certificate with a
Superintendent's endorsement.
b)
Each assistant superintendent, principal, or assistant principal shall hold an
administrative certificate with a General Administrative, Principal or
Superintendent's endorsement, except that a head teacher serving in place of a
principal as permitted by Section 10-21.4a of the School Code [105 ILCS 5/1021.4a] shall hold a teaching certificate endorsed for supervision.
c)
Each general administrator (e.g., director, assistant director, coordinator,
administrative assistant, or general supervisor) in general education shall hold an
administrative certificate with a General Supervisory, General Administrative,
Principal or Superintendent's endorsement.
d)
Each head of a general education department or supervisor for a specific subject
shall hold either:
1)
an administrative certificate with a General Supervisory, General
Administrative, Principal or Superintendent's endorsement; or
2)
a teaching certificate endorsed for supervision in the area supervised.
e)
Each supervisory dean shall hold an administrative certificate with a General
Supervisory, General Administrative, Director of Special Education's, Principal or
Superintendent's endorsement.
f)
Each dean of students shall hold:
1)
an administrative certificate with a General Supervisory, General
Administrative, Director of Special Education's, Principal or
Superintendent's endorsement; or
2)
a teaching certificate (endorsed for supervision if the holder suspends
students pursuant to Section 10-22.6 of the School Code); or
3)
a school service personnel certificate endorsed for any field other than
school nursing (and for supervision if the holder disciplines or suspends
students).
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g)
Each special education director or assistant director shall meet the requirements of
23 Ill. Adm. Code 226.800(g)(2)226.800(h)(2) and hold an administrative
certificate endorsed for "Director of Special Education".
h)
Each special education supervisor shall meet the requirements of 23 Ill. Adm.
Code 226.800(h)(2) and hold either:
i)
j)
k)
1)
an administrative certificate with a General Supervisory, General
Administrative, Director of Special Education's, Principal or
Superintendent's endorsement and teaching qualifications in each area
supervised; or
2)
a teaching certificate endorsed for each area supervised and for
supervision.
Each supervisor of more than one school service personnel area shall hold either:
1)
an administrative certificate and a General Administrative, Principal or
Superintendent's endorsement; or
2)
a school service personnel certificate endorsed for supervision in each
field supervised.
Each supervisor of one school service personnel area shall hold:
1)
an administrative certificate with a General Supervisory, General
Administrative, Director of Special Education's, Principal or
Superintendent's endorsement; or
2)
a school service personnel certificate endorsed for the field supervised and
for supervision; or
3)
a teaching certificate endorsed for speech-language pathology and for
supervision (if applicable).
Each director of an area vocational center and each director or supervisor of more
than one field in career and technical education (including regional system
directors) shall hold an administrative certificate with a General Administrative,
Principal or Superintendent's endorsement and have teaching qualifications in one
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of the five occupational areas and 2,000 hours of work experience outside the
field of education.
l)
Each supervisor of one field in career and technical education shall hold either:
1)
an administrative certificate with a General Supervisory, General
Administrative, Principal or Superintendent's endorsement and teaching
qualifications in one field of career and technical education, including
2,000 hours of work experience in the specific field outside of education;
or
2)
teaching qualifications in the specific field supervised, including 2,000
hours of work experience in the specific field outside of education, and a
supervisory endorsement.
m)
Each administrator in a bilingual education program shall meet the applicable
requirements of 23 Ill. Adm. Code 228.35(d).
n)
Each chief school business official shall hold an administrative certificate and a
Chief School Business Official's endorsement.
(Source: Amended at 35 Ill. Reg. 12328, effective July 6, 2011)
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1)
Heading of the Part: Secular Textbook Loan
2)
Code Citation: 23 Ill. Adm. Code 350
3)
Section Number:
350.10
4)
Statutory Authority: 105 ILCS 18-17
5)
Effective Date of Amendment: July 6, 2011
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: March 4, 2011; 35 Ill. Reg. 3690
10)
Has JCAR issued a Statement of Objection to this amendment? 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 changes were requested by JCAR, and no agreement
letter was issued.
13)
Will this rulemaking replace any emergency rulemaking currently in effect? No
14)
Are there any other proposed rulemakings pending on this Part? No
15)
Summary and Purpose of Amendment: Public Act 96-1403, effective July 29, 2010,
authorizes school districts to purchase electronic textbooks and technological equipment
necessary to gain access to and use electronic textbooks under the Textbook Loan
Program. This new statutory language has been added to the definition of "Textbook"
under Section 350.10 of the rules.
16)
Information and questions regarding the adopted amendment shall be directed to:
Adopted Action:
Amendment
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENT
Marica Cullen, Division Administrator
Illinois State Board of Education
100 North First Street, C-215
Springfield, Illinois 62777
217/557-7323
The full text of the Adopted Amendment begins on the next page:
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TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER j: TEXTBOOKS AND EQUIPMENT
PART 350
SECULAR TEXTBOOK LOAN
Section
350.10
350.15
350.20
350.25
350.30
Definition of Terms
Acquisition Procedures
Administrative Practices (Repealed)
Disposal Procedures
Fiscal Procedures (Repealed)
AUTHORITY: Implementing and authorized by Section 18-17 of the School Code [105 ILCS
5/18-17].
SOURCE: Adopted September 27, 1976; amended at 2 Ill. Reg. 27, p. 163, effective June 27,
1978; amended at 4 Ill. Reg. 37, p. 770, effective September 6, 1980; codified at 7 Ill. Reg.
13870; amended at 8 Ill. Reg. 2462, effective February 15, 1984; amended at 15 Ill. Reg. 17597,
effective November 20, 1991; amended at 20 Ill. Reg. 9951, effective July 12, 1996; amended at
24 Ill. Reg. 7256, effective May 1, 2000; amended at 28 Ill. Reg. 7050, effective May 3, 2004;
amended at 29 Ill. Reg. 10141, effective June 30, 2005; amended at 31 Ill. Reg. 10668, effective
July 16, 2007; amended at 32 Ill. Reg. 4836, effective March 21, 2008; amended at 35 Ill. Reg.
12350, effective July 6, 2011.
Section 350.10 Definition of Terms
"Eligible Applicant" for the purposes of this Part is a public school district in the
State of Illinois; or a nonpublic school that is in compliance with the compulsory
attendance laws of Illinois and Title VI of the Civil Rights Act of 1964 and is
registered with the State Board of Education; or any other publicly funded school
located in the State.
"Student" means any student in this State who is enrolled in grades kindergarten
through 12 at a public school or at a school other than a public school which is in
compliance with the compulsory attendance laws of this State and Title VI of the
Civil Rights Act of 1964. (Section 18-17 of the School Code [105 ILCS 5/18-17])
ILLINOIS REGISTER
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STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENT
"Parent" means a parent or guardian of a child enrolled in a public or nonpublic
school.
"Request Form" means an electronic document available via the Internet that the
eligible applicant uses to request the secular textbooks to be purchased under the
program.
"School Administrator" means the superintendent of a school district or the chief
administrative officer of a nonpublic school or other eligible school, or his or her
designee.
"Secular Textbook" means any book or book substitute which a pupil uses as a
text or text substitute in a particular class or program. It shall include books,
reusable workbooks, manuals, whether bound or in loose-leaf form, and
instructional computer software, and electronic textbooks and the technological
equipment necessary to gain access to and use electronic textbooks intended as a
principal source of study material for a given class or group of students.
"Textbook" also includes science curriculum materials in a kit format that
includes pre-packaged consumable materials if it is shown that the materials
serve as a textbook substitute; the materials are for use by pupils as a principal
learning resource; each component of the materials is integrally necessary to
teach the requirements of the intended course; the kit includes teacher guidance
materials; and the purchase of individual consumable materials is not allowed.
(Section 18-17 of the School Code)
(Source: Amended at 35 Ill. Reg. 12350, effective July 6, 2011)
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
1)
Heading of the Part: Title Insurance Act
2)
Code Citation: 50 Ill. Adm. Code 8100
3)
Section Number:
8100.2402
4)
Statutory Authority: Implementing and authorized by the Title Insurance Act [215 ILCS
155/16(i)]
5)
Effective Date of Amendment: July 22, 2011
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)
Date Notice of Proposal Published in Illinois Register: October 22, 2010; 34 Ill. Reg.
15926
10)
Has JCAR issued a Statement of Objection to this rulemaking? On May 10, 2011, JCAR
issued a Statement of Objection and Filing Prohibition to the proposed rulemaking, but
on June 14, 2011, JCAR issued a Withdrawal of Filing Prohibition of Proposed
Rulemaking which allowed this rulemaking to be adopted.
11)
Differences between proposal and final version: The Department removed the fee
thresholds in the proposed version of the rule and replaced those hard-dollar amounts
with the requirement that any fee charged is to be fair, adequate and nondiscriminatory.
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 Amendments pending on this Part? No
Adopted Action:
Amendment
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
15)
Summary and Purpose of Amendment: Public Act 96-1454 added a new subsection to
the Act [215 ILCS 155/16(i)] that provides: "The Secretary shall adopt and amend such
rules as may be required for the proper administration and enforcement of this Section 16
consistent with the federal Real Estate Settlement Procedures Act and Section 24 of this
Act." Both Section 24 of the Act and RESPA contain prohibitions concerning payments
by title insurance companies and title insurance agents to others in exchange for the
referral of business. Since P.A. 96-1454 requires that title insurance companies issue
Closing Protection Letters in connection with closings, a title insurance company may
offer a CPL at a reduced charge or at no charge to some customers while charging other
customers a higher fee. Such disparate pricing is often a way of passing on a "discount or
other thing of value" in exchange for the referral of business. The adopted rule provides
that there will not be deemed to be an illegal inducement or attempted inducement for the
referral of business so long as a title insurance company charges an amount that is fair,
adequate and nondiscriminatory.
16)
Information and questions regarding this adopted amendment shall be directed to:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, Illinois 62786
217/785-0813 Fax: 217/557-4451
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
TITLE 50: INSURANCE
CHAPTER V: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
PART 8100
TITLE INSURANCE ACT
SUBPART A: RULES OF GENERAL APPLICATION
Section
8100.100
8100.105
8100.110
8100.114
8100.115
8100.120
8100.121
8100.125
8100.130
8100.135
8100.140
8100.145
8100.150
8100.155
8100.170
8100.190
Notice of Suspension or Revocation
Notification of Noncompliance or Material Change
Display of Certificates or Registrations
Certification
Prohibition on Filing Application
Computation of Time
Requirements as to Proper Form
Place of Filing
Additional Information
Additional Exhibits
Information Unknown or Not Reasonably Available
Requirements as to Paper, Printing and Language
Number of Copies--Signatures
Examination Fees
Extension of Date for Filing
Provisions for Granting of Variance from Rules
SUBPART B: DEFINITIONS
Section
8100.200
8100.205
8100.210
8100.215
8100.220
8100.225
8100.230
8100.235
Definition of terms Used in this Part
Definition of the term "Domestic Title Insurance Company" as Used in the Act
Definition of the term "Application" as Used in Sections 4.(d) and 8.(b) of the Act
Definition of the term "Audit" as Used in Section 12.(b) of the Act
Definition of the term "Bonds of the United States" as Used in Section 4.(a) of the
Act
Definition of the term "Bonds ... of Any Body Politic of This State" as Used in
Section 4.(a) of the Act
Definition of the term "Bonds ... of This State" as Used in Section 4.(a) of the Act
Definition of the term "Qualified to Do Business in This State" as Used in Section
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
8100.240
8100.245
8100.250
8100.255
8100.260
8100.265
8100.270
8100.275
8100.280
4.(a) of the Act
Definition of the term "Title Plant" as Used in Section 7.(b) of the Act
Definition of the term "Net Retained Liability" as Used in Sections 8.(a) and
11.(c)(2) of the Act
Definition of the term "Capital" as Used in Section 9.(a) of the Act
Definition of the term "Notice" as Used in Section 9.(b) of the Act
Definition of the term "Alien Title Insurance Company" as Used in Section 11.(b)
of the Act
Definition of the term "Foreign Title Insurance Company" as Used in Section
11.(b) and 15 of the Act
Definition of the term "Like Purposes" as Used in Section 15 of the Act
Definition of the term "Party" as Used in Section 23 of the Act
Definition of the term "Person" as Used in Section 24 of the Act
SUBPART C: TITLE INSURANCE COMPANIES
Section
8100.400
8100.401
8100.402
8100.403
8100.900
8100.905
8100.1000
8100.1005
8100.1100
8100.1200
8100.1300
8100.1500
8100.1505
8100.1510
8100.1515
Bonds and Securities Acceptable for Deposit
Place of Deposit
Computation of Amount on Deposit
Exchange of Bonds on Deposit
Impairment
Definition of the Term "Statutory Liabilities" as Used in This Subpart
Date of Redetermination of Required Reserves
Records of Required Reserves
Records of Statutory Premium Reserve
Consumer Complaints
Report of Condition
Due Date for Filing Report
Due Date for Deposits and Payments
Review of Reports
Due Date for Delinquency Assessment
SUBPART D: TITLE INSURANCE AGENTS
Section
8100.1600
Registration of Title Insurance Agents
SUBPART E: INDEPENDENT ESCROWEES
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
Section
8100.1700
8100.1701
8100.1702
8100.1703
8100.1704
8100.1705
8100.1706
8100.1708
8100.1710
8100.1712
8100.1714
8100.1716
8100.1718
8100.1720
8100.1722
8100.1724
8100.1726
8100.1728
8100.1730
8100.1732
8100.1734
8100.1738
8100.1740
8100.1742
8100.1744
8100.1746
8100.1748
8100.1750
Bonds and Securities Acceptable for Deposit
Place of Deposit
Computation of Amount on Deposit
Exchange of Bonds on Deposit
Starker Exchange
Independent Accountant
Notice of Judgments
Maintenance of Books
Annual Report
Due Date for Filing of Annual Report
Confirmation of Escrow Fund and Liability
Basis of Books
Posting Dates
Escrow Books
General Books
Special Accounts
Records to be Preserved
Withdrawals From Special Accounts
Debit Balances Prohibited
Delivery of Documents or Property
Dated Instructions
Printed Instructions
Withdrawal of Escrow Fees
Notice of Interest
Transfers Between Escrows
Escrow Receipts
Drawing of Checks
Statement of Account
SUBPART G: EVIDENTIARY MATTERS AND NON-BINDING STATEMENTS
Section
8100.2010
Request for Non-Binding Statements
SUBPART H: PROCEDURES FOR ADMINISTRATIVE HEARINGS
Section
ILLINOIS REGISTER
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
8100.2100
8100.2102
8100.2104
8100.2106
8100.2108
8100.2110
8100.2112
8100.2114
8100.2116
8100.2118
8100.2120
8100.2122
8100.2124
8100.2126
8100.2128
8100.2130
8100.2132
8100.2134
8100.2136
8100.2138
8100.2140
8100.2142
8100.2144
8100.2146
8100.2148
8100.2150
8100.2152
8100.2160
Preamble
Qualifications and Duties of the Hearing Officer
Notice of Hearing
Institution of a Contested Case by the Division
Requirement to File an Answer
Amendment or Withdrawal of the Notice of Hearing
Representation
Special Appearance
Substitution of Parties
Failure to Appear
Motions
Requirements Relating to Continuances
Rules of Evidence
Form of Papers
Bill of Particulars
Discovery
Examination of Witnesses
Subpoenas
Pre-Hearing Conferences
Record of a Pre-Hearing Conference
Hearings
Record of Proceedings
Record of Hearing
Orders
Stipulations
Open Hearings
Corrections to the Transcript
Disputes Between Parties Certified or Registered by the Division
SUBPART I: CONSUMER PROTECTION
Section
8100.2400
8100.2402
8100.2405
8100.2406
Preamble (Repealed)
Standards of Conduct
Definition of the term "Thing of Value" as Used in This Subpart
Borrower's Right to Cancel
SUBPART J: PUBLIC INFORMATION
12359
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ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
Section
8100.3000
Non-Public Distribution of Information
AUTHORITY: Implementing and authorized by the Title Insurance Act [215 ILCS 155].
SOURCE: Emergency rules adopted at 14 Ill. Reg. 305, effective January 1, 1990, for a
maximum of 150 days; adopted at 14 Ill. Reg. 8600, effective May 21, 1990; amended at 26 Ill.
Reg. 14265, effective October 1, 2002; amended at 34 Ill. Reg. 852, effective December 29,
2009; amended at 35 Ill. Reg. 12354, effective July 22, 2011.
SUBPART I: CONSUMER PROTECTION
Section 8100.2402 Standards of Conduct
a)
b)
No title insurance company, title agent or independent escrowee shall pay,
furnish, or agree to pay or furnish, either directly or indirectly, to or on behalf of
any of the persons listed, any commission or any part of the fees or charges or any
other thing of value as consideration for any past, present, or future title insurance
business, any closing and settlement services or any other title business:
1)
any producer of title business, escrow business, or any associate of a
producer;
2)
any obligee or prospective obligee of any obligation secured or to be
secured either in whole or in part by real property or any interest in real
propertytherein; and
3)
any person who is acting as or who is in the business of acting as agent,
representative, attorney or employee of any of the persons described in
subsections (a)(1) and (2) above.
As relates to transactions defined in Section 18.(a) of the Act as applied to the
persons set forth in subsection (a) above and to the extent that there is any
inducement or attempted inducement in the placement of title insurance business,
closing and settlement services or any other title business, instances of acts and
practices thatwhich violate RESPA standards and are unlawful include, but are
not limited to:
1)
the disbursement of funds prior to the actual delivery of funds acceptable
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
to the closing and settlement services agent;
2)
the disbursement of closing and settlement services funds before all
necessary conditions of the transaction have been met;
3)
paying for, furnishing or offering to pay for or furnish any reward, or
compensation for any past, present or future title insurance business or
closing and settlement services or any other title business, including, but
not limited to, the payment of a fee to an attorney for the referral of title
business;
4)
paying or offering to pay, any fee to a producer of title business for
making an inspection or appraisal of property;
5)
any transaction in which any person, as set forth in subsection (a), above is
to receive, securities of the title insurance company, title insurance agent
or independent escrowee at prices below the normal market price, or
bonds or debentures thatwhich guarantee a higher than normal interest
rate, whether or not the consummation of thesuch transaction is directly or
indirectly related to the number of closing and settlement services or title
orders coming to the title insurance company, title insurance agent or
independent escrowee through the efforts of thatsuch person;
6)
furnishing to any producer of title business or associate of a producer
reports containing publicly recorded information, appraisals, estimates of
income production potential, information kits or similar packages
containing information about one or more parcels of real property helpful
to any producer of title business without making a charge that is
commensurate with the actual cost of the work performed and the material
furnished;
7)
making or guaranteeing or offering to make or guarantee, either directly or
indirectly, any loan to any producer of title business or associate of a
producer, with terms more favorable than otherwise available to the
producer;
8)
guaranteeing, or offering to guarantee, the proper performance of closing
and settlement services or undertakings that are to be performed by any
producer of title business.;
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
9)
A)
However, the Director shall not deem any inducement or attempted
inducement to have occurred in the placement of title insurance
business, closing and settlement services or any other title business
if the title insurance company issuing the closing protection letter
or providing closing protection by contract, both pursuant to
Sections 16 and 16.1 of the Act, charges an amount that is fair,
adequate and nondiscriminatory to each party receiving protection
provided by the closing protection letter or contract.
B)
A buyer, seller or owner financing or refinancing property is each
considered a single party to the transaction for purposes of this
subsection (b)(8), regardless of the number of people or entities
comprising the buyer, seller or owner;
providing, or offering to provide, either directly or indirectly, a
compensating balance or deposit in a lending institution either for the
express or implied purpose of influencing the placement or channeling of
title insurance business by thesuch lending institution; this provision does
not prohibit the maintenance by a title insurance company, title agent or
independent escrowee of demand deposits or escrow deposits thatwhich
are reasonably necessary for use in the ordinary course of the business of
the title insurance company, title agent or independent escrowee;
10)
paying for, or offering to pay for, the fees or charges of an outside
professional (e.g., an attorney, engineer, appraiser, or surveyor) whose
services are required by any producer of title business to structure or
complete a particular transaction;
11)
providing, or offering to provide, non-title services (e.g., computerized
bookkeeping, forms management, computer programming, or any similar
benefit) without a charge thatwhich is commensurate with the actual cost
to any producer of title business or to any associate of a producer of title
business;
12)
furnishing, or offering to furnish, all or any part of the time or productive
effort of any employee of the title insurance company, title insurance
agent, or independent escrowee (e.g., office manager, escrow officer,
secretary, clerk, messenger, etc.) to any producer of the title business or
ILLINOIS REGISTER
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11
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
associate of a producer of title business;
13)
paying for, or offering to pay for, all or any part of the salary of an
employee of any producer of title business;
14)
paying for, or offering to pay for, the salary or any part of the salary of a
relative of any producer of title business thatwhich payment is in excess of
the reasonable value of work performed by thesuch relative on behalf of
the title insurance company, title insurance agent or independent
escrowee;
15)
paying for, or offering to pay for, services by any producer of title
business thatwhich services are ordinarily to be performed by thesuch
producer of title business in his or her licensed capacity as a real estate or
mortgage broker or salesman or agent;
16)
furnishing or offering to furnish, or paying for or offering to pay for,
furniture, office supplies, telephones, facsimile machines, equipment or
automobiles to any producer of title business, or paying for, or offering to
pay for, any portion of the cost of renting, leasing, operating or
maintaining any of thesethe aforementioned items;
17)
paying for, furnishing, or waiving, or offering to pay for, furnish, or
waive, all or any part of the rent for space occupied by any producer of
title business;
18)
renting, or offering to rent, space from any producer of title business,
regardless of the purpose, at a rent thatwhich is excessive when compared
with rents for comparable space in the geographic area, or paying, or
offering to pay, rent based in whole or in part on the volume of business
generated by any producer of title business;
19)
paying for, or offering to pay for, gifts, vacations, business trips,
convention expenses, travel expenses, membership fees, registration fees,
lodging or meals on behalf of a producer of title insurance, directly or
indirectly, or supplying letters of credit, credit cards or any such benefits;
20)
paying for, or offering to pay for, the cancellation fee for a title report or
other fee on behalf of any producer of title business either before or after
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
inducing thesuch producer of title business to cancel an order with another
title insurance company, title insurance agent or independent escrowee;
c)
21)
paying for or furnishing, or offering to pay for or furnish, any business
form to any producer of title business, other than a form regularly used in
the conduct of the title insurance company's business, thatand is furnished
for the convenience of the title insurance company and does not constitute
a direct monetary benefit to any producer of title business;
22)
giving of trading stamps, cash redemption coupons or similar items to any
producer of title business.
As relates to transactions defined in Section 18.(a) of the Act and as applied to the
persons set forth in subsection (a) above, examplesinstances of acts and practices
thatwhich do not violate RESPA standards and are lawful include, but are not
limited to:
1)
publishing or printing and disseminating by a title insurance company,
title insurance agent or independent escrowee any educationaleducation
information, notwithstanding that thesuch information may be of benefit to
a producer of title business;
2)
distributing by a title insurance company, title insurance agent or
independent escrowee information, whether printed or oral, advertising
novelties and gift items not to exceed Twenty-five dollars ($25.00) in
value that bear the name of the giver (but not the name of the recipient) to
producers of title business;
3)
issuing by a title insurance company a closing protection letter or
providing closing protection by contract, both pursuant to Sections 16 and
16.1 of the Act, in favor of any insured or other party in any transaction
thatwhich protectsguarantees to the insured or other party as provided in
Section 16 or 16.1 of the Actthat the closing shall be conducted by itself or
its registered title insurance agent, that the documents thereunder shall be
recorded and distributed, and that the title insurance policy shall be issued
in accordance with the terms of the insured's closing instruction letter;
4)
providing by title insurance companies, title insurance agents or
independent escrowees reasonable promotional and educational activities
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
that are not conditioned on the referral of business and that do not involve
the defraying of expenses that otherwise would be incurred by persons in a
position to refer settlement services or business incident to those
servicesthereto, such as a reception by a title company, seminars on title
matters offered to professionals, furnishing property descriptions and
names of record owners without charge to lenders, real estate brokers,
attorneys, or others, or distribution of calendars and other promotional
material that do not, each, not to exceed Twenty-five dollars ($25.00) in
value.
d)
Nothing in this Section shall be construed as prohibiting:
1)
the payment of a fee:
A)
B)
thatwhich bears a reasonable relationship to the value of the
services rendered or performed:
iA)
by any person or party to attorneys at law for services
actually rendered, or
iiB)
by a title company to its duly appointed agent for services
actually performed in the issuance of a policy of title
insurance, or
iiiC)
by a lender to its duly appointed agent for services actually
performed in the making of a loan;, and
thatwhich fee is paid to a settlement service provider for services
outside of the normal scope of that provider's services to the parties
to the transaction.
2)
the payment to any person of a bona fide salary or compensation or other
payment for goods or facilities actually furnished or for services actually
performed, so long as the salary, compensation or other payment bears a
reasonable relationship to the value of the services, goods or facilities.
3)
proportionate returns on an ownership or franchise interest.
4)
the ordinary and customary business entertainment or promotional
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF ADOPTED AMENDMENT
activities by title insurance companies, title insurance agents or
independent escrowees thatwhich are not directly or indirectly
consideration as an inducement or compensation for the referral of title
business or for the referral of any escrow or other service from a title
insurance company, title insurance agent or independent escrowee.
(Source: Amended at 35 Ill. Reg. 12354, effective July 22, 2011)
ILLINOIS REGISTER
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11
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
1)
Heading of the Part: Public Information, Rulemaking and Organization
2)
Code Citation: 2 Ill. Adm. Code 550
3)
Section Number:
550.210
4)
Statutory Authority: Section 20-20 of the state Officials and Employees Ethics Act [5
ILCS 430/20-20]
5)
Effective Date of Amendment: August 1, 2011
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 Proposed Amendment Published in the Illinois Register: Required Rulemaking.
These organizational rules are adopted under Section 5-15 of the Illinois Administrative
Procedure Act [5 ILCS 100/5-15] and may become effective immediately upon filing as
required of this agency under the cited statute for public informational purposes.
10)
Has JCAR issued a Statement of Objection to this amendment? Required Rulemaking.
JCAR has not yet reviewed the amendment.
11)
Differences between proposal and final version: Required Rulemaking.
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 Amendment: The intent of this amendatory rulemaking is to
update only organizational information as to the statutory additions to the Inspector
General's Office of the Secretary of State.
Adopted Action:
Amendment
ILLINOIS REGISTER
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
16)
Information and questions regarding this adopted amendment shall be directed to:
Paul Thompson
Illinois Secretary of State
Office of the Inspector General
324 West Monroe Street
Springfield, Illinois 62704
217/785-2012
17)
Does this amendment require the preview of the Procurement Policy Board as specified
in Section 5-25 of the Illinois Procurement Code? No
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE C: CONSTITUTIONAL OFFICERS
CHAPTER III: SECRETARY OF STATE
PART 550
PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION
SUBPART A: PUBLIC INFORMATION
Section
550.10
Public Information
SUBPART B: RULEMAKING PROCEDURES
Section
550.110
Rulemaking Procedures
SUBPART C: ORGANIZATION STRUCTURE
Section
550.210
550.TABLE A
550.TABLE B
Description of Officers and Departments
Organization Chart
Rulemaking Chart
AUTHORITY: Implementing and authorized by Section 10 of the Secretary of State Merit
Employment Code [15 ILCS 310/10], Section 14 of the Secretary of State Act [15 ILCS 305/14],
Section 11 of the Lobbyist Registration Act [25 ILCS 170/11], and Section 20-20 of the State
Officials and Employees Ethics Act [5 ILCS 430/20-20].
SOURCE: Amended at 2 Ill. Reg. 27, p. 99, effective July 7, 1978; amended at 2 Ill. Reg. 43, p.
185, effective October 18, 1978; new rules adopted at 2 Ill. Reg. 51, p. 31, effective December
11, 1978; old rules repealed at 3 Ill. Reg. 6, p. 61, effective January 31, 1979; old rules repealed,
new rules adopted and codified at 7 Ill. Reg. 12878, effective September 16, 1983; amended at 7
Ill. Reg. 15883, effective November 9, 1983; amended at 8 Ill. Reg. 5356, effective April 4,
1984; amended at 11 Ill. Reg. 14824, effective September 25, 1987; amended at 12 Ill. Reg.
7726, effective April 15, 1988; amended at 12 Ill. Reg. 17969, effective November 1, 1988;
amended at 16 Ill. Reg. 7697, effective May 4, 1992; amended at 17 Ill. Reg. 9986, effective
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
June 22, 1993; amended at 32 Ill. Reg. 15282, effective November 5, 2007; amended at 35 Ill.
Reg. 7712, effective April 27, 2011; amended at 35 Ill. Reg. 12367, effective August 1, 2011.
SUBPART C: ORGANIZATION STRUCTURE
Section 550.210 Description of Officers and Departments
a)
The Deputy Secretary of State is responsible for the daily operations of the Office
of the Secretary of State, which includes the management of all employees and
the oversight of all programs and policies.
b)
The Chief of Staff is responsible for providing oversight and program policy
direction to all cabinet members and executive staff, and advises the Secretary of
State, in concert with other specified officials.
c)
The General Counsel to the Secretary advises the Secretary, Deputy Secretary,
Chief of Staff, and other management officials on legal questions of broad
applicability, supervises all litigation involving the Secretary of State, coordinates
that litigation with the Attorney General's Office and U.S. Attorney's Office, and
provides oversight of related departments within the Office of the Secretary of
State.
d)
The Inspector General Department, which also includes the Executive Inspector
General:
e)
1)
investigates all allegations of wrongdoing involving personnel of the
Office of the Secretary of State and presents reports on its findings to the
Secretary, Deputy Secretary, Chief of Staff, and appropriate Directors for
possible disciplinary action;
2)
through its Internal Audit Division, conducts fiscal and compliance audits
of Secretary of State operations; and
3)
investigates alleged violations of the Lobbyist Registration Act [25 ILCS
170].
The Chief Auditor is responsible for all investigatory and compliance audits and
reports findings of these audits to the Secretary.
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
f)
The Press Secretary is responsible for handling inquiries from the press, preparing
press releases, and the printing of all office publications.
g)
The Deputy Chief of Staff is responsible for the development and implementation
of plans and programs that affect several departments, as determined by the
Secretary, Deputy Secretary, or Chief of Staff.
h)
The Executive Assistant for Programs and Policy assists the Deputy Chief of Staff
with the formulation of new and continuing programs from their inception and is
responsible for development of those programs by the Program Staff.
i)
The Program Staff assists the Executive Assistant for Programs and Policies with
the development of ideas and implementation of goals as determined by the
Secretary, Deputy Secretary, or Deputy Chief of Staff.
j)
The Budget and Fiscal Management Department prepares the annual budget,
monitors expenditures of all funds appropriated to the Secretary of State, and
prepares the payroll for the Office of the Secretary of State.
k)
The Department of Information Technology directs, manages, and supervises data
processing operations for the Secretary of State.
l)
The Accounting Revenue Department collects all funds received by the Office of
the Secretary of State for deposit with the State Treasurer, directs the financial
institutions' sales program for vehicle registrations, and performs audits pursuant
to the Illinois Vehicle Code.
m)
The Physical Services Department is responsible for the physical maintenance of
the Michael J. Howlett Building, the Capitol Building, the Stratton Building, and
the surrounding grounds, and has responsibility for other government buildings,
as provided by law.
n)
The Personnel Department processes all applications for employment with the
Office of the Secretary of State, administers all tests for employment, and
approves all personnel actions taken pursuant to the Secretary of State Merit
Employment Code [15 ILCS 310].
o)
The Communications Department is responsible for answering all media inquiries
concerning the Office of the Secretary of State and preparation and coordination
ILLINOIS REGISTER
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
of all public displays and publications relating to the Office of the Secretary of
State.
p)
The Department of Police's officers have general police powers. The
Department's special emphasis is in enforcement of the Illinois Vehicle Code,
including investigation of auto theft and regulation of the trucking industry.
q)
The Index Department is the custodian of the State Seal, receives all bills signed
into law by the Governor, maintains the Illinois Administrative Code, maintains
all notary public commissions and ethics statements, maintains lobbyist
registrations and expenditure reports and prepares all Constitutional Amendments
for the ballot.
r)
The Archives Department maintains all State records and documents required to
be kept by law.
s)
The Illinois State Library is the central research library for Illinois government.
t)
The Driver Services Department issues, revokes, or suspends all Illinois driver's
licenses and also issues photo identification cards.
u)
The Vehicle Services Department issues all license plates and licenses remittance
agents, automobile dealers and recyclers.
v)
The Legislative Affairs Department coordinates the legislative program of the
Secretary of State.
w)
The Administrative Hearings Department conducts all hearings pursuant to the
Illinois Vehicle Code [625 ILCS 5/2-118].
x)
The Business Services Department administers the Business Corporation Act of
1983 [805 ILCS 5], Article 9 of the Uniform Commercial Code (Secured
Transaction) [810 ILCS 5], such other corporate statutes as designated by the
General Assembly, and the Revised Uniform Limited Partnership Act [805 ILCS
210].
y)
The Securities Department administers the Illinois Securities Law of 1953 [815
ILCS 5].
ILLINOIS REGISTER
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SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
z)
The Court of Claims Department exercises the duties of the Secretary of State as
Clerk of the Court of Claims.
aa)
The Director for Intergovernmental Affairs coordinates the interaction between
the Secretary of State's Office and units of local, state, and federal government.
The Director for Intergovernmental Affairs also coordinates the constituent
service and program implementation work of the Office of the Secretary of State.
bb)
Senior Executive Assistants coordinate efforts between assigned departments and
the Executive Office and assist with operations and development of policies and
programs with respect to their assigned departments.
(Source: Amended at 35 Ill. Reg. 12367, effective August 1, 2011)
ILLINOIS REGISTER
12374
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NOTICE OF ADOPTED AMENDMENT
1)
Heading of the Part: Grant Program for Dependents of Correctional Officers
2)
Code Citation: 23 Ill. Adm. Code 2731
3)
Section Number:
2731.20
4)
Statutory Authority: Implementing Section 60 and authorized by Section 20(f) of the
Higher Education Student Assistance Act [110 ILCS 947/60 and 20(f)].
5)
Effective date of Amendment: July 15, 2011
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: January 21, 2011; 35 Ill. Reg. 1335
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
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: This amendment is proposed to provide
clarification as to when the child must be in the legal custody of the officer when a
disability is involved. The child must be in the legal custody at the time the injury was
sustained.
16)
Information and questions regarding this adopted amendment shall be directed to:
Adopted Action:
Amendment
ILLINOIS REGISTER
ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENT
Lynn Hynes
Agency Rules Coordinator
Illinois Student Assistance Commission
1755 Lake Cook Road
Deerfield, IL 60015
847/948-8500 ext. 2216
email: lynn.hynes@isac.illinois.gov
The full text of the Adopted Amendment begins on the following page:
12375
11
ILLINOIS REGISTER
12376
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENT
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER XIX: ILLINOIS STUDENT ASSISTANCE COMMISSION
PART 2731
GRANT PROGRAM FOR DEPENDENTS OF CORRECTIONAL OFFICERS
Section
2731.10
2731.20
2731.30
2731.40
Summary and Purpose
Applicant Eligibility
Program Procedures
Institutional Procedures
AUTHORITY: Implementing Section 60 and authorized by Section 20(f) of the Higher
Education Student Assistance Act [110 ILCS 947/60 and 20(f)].
SOURCE: Adopted at 9 Ill. Reg. 20780, effective January 1, 1986; transferred from Chapter IX,
23 Ill. Adm. Code 1731 (State Scholarship Commission) to Chapter XIX, 23 Ill. Adm. Code
2731 (Illinois Student Assistance Commission) pursuant to P.A. 86-169, effective July 1, 1989,
at 13 Ill. Reg. 17853; amended at 14 Ill. Reg. 10534, effective July 1, 1990; amended at 17 Ill.
Reg. 10559, effective July 1, 1993; amended at 18 Ill. Reg. 10299, effective July 1, 1994;
amended at 20 Ill. Reg. 10183, effective July 15, 1996; old Part repealed and new Part adopted at
21 Ill. Reg. 11100, effective July 18, 1997; amended at 30 Ill. Reg. 11632, effective July 1, 2006;
amended at 35 Ill. Reg. 12374, effective July 15, 2011.
Section 2731.20 Applicant Eligibility
a)
A qualified applicant shall be:
1)
either:
A)
the natural child, legally adopted child, or child in the legal
custody of a correctional officer at the time the officer was
permanently disabled or killed in the line of duty or at the time a
permanently disabling injury occurred in the line of duty; or
B)
the husband or wife of a correctional officer at the time the officer
was permanently disabled or killed in the line of duty or at the time
a permanently disabling injury occurred in the line of duty; and
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NOTICE OF ADOPTED AMENDMENT
2)
a United States citizen or an eligible noncitizen; and
3)
enrolled on at least a half-time basis at an institution that is approved for
participation in the Monetary Award Program (MAP) (see 23 Ill. Adm.
Code 2735); and
4)
making satisfactory academic progress toward a degree or certificate.
b)
An applicant need not be a resident of Illinois at the time of enrollment.
c)
An applicant does not have to demonstrate financial need to receive this grant.
d)
A spouse who remarries after a correctional officer is killed in the line of duty, or
divorces a permanently disabled officer, is not eligible. Common law partners are
not eligible.
e)
A step-child who was not in the legal custody of a correctional officer at the time
the officer died or sustained a permanently disabling injury in the line of duty is
not eligible.
(Source: Amended at 35 Ill. Reg. 12374, effective July 15, 2011)
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENT
1)
Heading of the Part: Grant Program for Dependents of Police or Fire Officers
2)
Code Citation: 23 Ill. Adm. Code 2732
3)
Section Number:
2732.20
4)
Statutory Authority: Implementing Section 55 and authorized by Section 20(f) of the
Higher Education Student Assistance Act [110 ILCS 947/55 and 20(f)]
5)
Effective date of Amendment: July 15, 2011
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: January 21, 2011; 35 Ill. Reg. 1339
10)
Has JCAR issued a Statement of Objection to this amendment? No
11)
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: This amendment is proposed to provide
clarification as to when the child must be in the legal custody of the officer when a
disability is involved. The child must be in the legal custody at the time the injury was
sustained.
16)
Information and questions regarding this adopted amendment shall be directed to:
Adopted Action:
Amendment
ILLINOIS REGISTER
ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENT
Lynn Hynes
Agency Rules Coordinator
Illinois Student Assistance Commission
1755 Lake Cook Road
Deerfield, IL 60015
847/948-8500 ext. 2216
email: lynn.hynes@isac.illinois.gov
The full text of the Adopted Amendment begins on the following page:
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11
ILLINOIS REGISTER
12380
11
ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENT
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER XIX: ILLINOIS STUDENT ASSISTANCE COMMISSION
PART 2732
GRANT PROGRAM FOR DEPENDENTS OF POLICE OR FIRE OFFICERS
Section
2732.10
2732.20
2732.30
2732.40
Summary and Purpose
Applicant Eligibility
Program Procedures
Institutional Procedures
AUTHORITY: Implementing Section 55 and authorized by Section 20(f) of the Higher
Education Student Assistance Act [110 ILCS 947/55 and 20(f)].
SOURCE: Adopted at 9 Ill. Reg. 20873, effective January 1, 1986; amended at 11 Ill. Reg.
3239, effective January 29, 1987; transferred from Chapter IX, 23 Ill. Adm. Code 1732 (State
Scholarship Commission) to Chapter XIX, 23 Ill. Adm. Code 2732 (Illinois Student Assistance
Commission) pursuant to P.A. 86-169, effective July 1, 1989, at 13 Ill. Reg. 17866; amended at
14 Ill. Reg. 10585, effective July 1, 1990; amended at 17 Ill. Reg. 10620, effective July 1, 1993;
amended at 18 Ill. Reg. 10342, effective July 1, 1994; amended at 20 Ill. Reg. 10191, effective
July 15, 1996; old Part repealed and new Part adopted at 21 Ill. Reg. 11090, effective July 18,
1997; amended at 30 Ill. Reg. 11639, effective July 1, 2006; amended at 35 Ill. Reg. 12378,
effective July 15, 2011.
Section 2732.20 Applicant Eligibility
a)
A qualified applicant shall be:
1)
either:
A)
the natural child, legally adopted child, or child in the legal
custody of an Illinois police or fire officer at the time the officer
was permanently disabled or killed in the line of duty or at the time
a permanently disabling injury occurred in the line of duty; or
B)
the husband or wife of the Illinois police or fire officer at the time
the officer was permanently disabled or killed in the line of duty or
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NOTICE OF ADOPTED AMENDMENT
at the time a permanently disabling injury occurred in the line of
duty; and
2)
a United States citizen or eligible noncitizen; and
3)
enrolled on at least a half-time basis at an institution that is approved for
participation in the Monetary Award Program (MAP) (see Ill. Adm. Code
2735); and
4)
making satisfactory academic progress toward a degree or certificate.
b)
An applicant need not be a resident of Illinois at the time of enrollment.
c)
An applicant does not have to demonstrate financial need to receive this grant.
d)
A spouse who remarries after an Illinois police or fire officer is killed in the line
of duty, or who divorces a permanently disabled Illinois police or fire officer, is
not eligible. Common law partners are not eligible.
e)
A step-child who was not in the legal custody of the Illinois police or fire officer
at the time the officer died or sustained a permanently disabling injury in the line
of duty is not eligible.
(Source: Amended at 35 Ill. Reg. 12378, effective July 15, 2011)
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED RULES
1)
Heading of the Part: Community College Transfer Grant (CCTG) Program
2)
Code Citation: 23 Ill. Adm. Code 2740
3)
Section Numbers:
2740.10
2740.20
2740.30
2740.40
4)
Statutory Authority: Implementing the Community College Transfer Grant Program Act
[110 ILCS 924] and authorized by Section 10 of the Community College Transfer Grant
Program Act [110 ILCS 924/10]
5)
Effective Date of Rules: July 15, 2011
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 rules, 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: January 21, 2011; 35 Ill. Reg. 1343
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between proposed and final version: The only 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: Public Act 96-1299 created the new Community
College Transfer Grant Program providing grant assistance, subject to appropriation, to
Adopted Action:
New Section
New Section
New Section
New Section
ILLINOIS REGISTER
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NOTICE OF ADOPTED RULES
students who have received an associate's degree at an Illinois community college and
who are pursuing a baccalaureate degree at a public or private institution of higher
education in Illinois. Proposed rulemaking for the program will set forth the applicant
eligibility requirements, program procedures and institutional procedures.
16)
Information and questions regarding these adopted rules shall be directed to:
Lynn Hynes
Agency Rules Coordinator
Illinois Student Assistance Commission
1755 Lake Cook Road
Deerfield, IL 60015
847/948-8500, ext. 2216
email: lynn.hynes@isac.illinois.gov
The full text of the Adopted Rules begins on the next page:
ILLINOIS REGISTER
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11
ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED RULES
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER XIX: ILLINOIS STUDENT ASSISTANCE COMMISSION
PART 2740
COMMUNITY COLLEGE TRANSFER GRANT (CCTG) PROGRAM
Section
2740.10
2740.20
2740.30
2740.40
Summary and Purpose
Applicant Eligibility
Program Procedures
Institutional Procedures
AUTHORITY: Implementing the Community College Transfer Grant Program Act [110 ILCS
924] and authorized by Section 10 of the Community College Transfer Grant Program Act [110
ILCS 924/10].
SOURCE: Adopted at 35 Ill. Reg. 12382, effective July 15, 2011.
Section 2740.10 Summary and Purpose
a)
The Community College Transfer Grant (CCTG) Program provides grant
assistance, subject to appropriation, to students who have received an associate's
degree at an Illinois community college and who are pursuing a baccalaureate
degree at a public or private institution of higher education in Illinois.
b)
This Part governs the Community College Transfer Grant Program. Additional
rules and definitions are contained in General Provisions, 23 Ill. Adm. Code 2700.
Section 2740.20 Applicant Eligibility
a)
A qualified applicant shall:
1)
be a citizen of the United States or eligible noncitizen;
2)
be a resident of Illinois;
3)
be enrolled at least half-time in a degree program (see 34 CFR 668.8) at
the junior or senior class level as determined by the institution;
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED RULES
b)
4)
be enrolled at a public or not-for-profit private institution that is approved
to participate in the Monetary Award Program (MAP);
5)
have an Expected Family Contribution of no more than $9,000 as
calculated by the federal government using the family's financial
information as reported on the Free Application for Federal Student Aid
(FAFSA); and
6)
have maintained a cumulative grade point average of at least 3.0 on a 4.0
scale or its equivalent while enrolled in an associate's degree program at a
public community college, and while pursuing a baccalaureate degree,
continue to maintain a cumulative grade point average of at least 3.0 on a
4.0 scale or its equivalent and make satisfactory academic progress toward
a degree.
Eligibility is restricted to undergraduate students.
1)
CCTG recipients must not have received a baccalaureate degree.
2)
Graduate students are not eligible for CCTG assistance. For purposes of
this Part, an institution of higher learning shall classify as a "graduate
student" any student who:
A)
is enrolled in an academic program or course above the
baccalaureate level that leads to any degree above the
baccalaureate level; and
B)
is not eligible to receive federal financial assistance (see 34 CFR
674.2, 675.2, 676.2) as an undergraduate student; and
C)
has completed the equivalent of at least three years of full-time
postsecondary study, either prior to entrance into the academic
program or as part of the academic program itself.
Section 2740.30 Program Procedures
a)
An applicant applies for a CCTG grant by using the form that the United States
Department of Education designates as an application form for federal student
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED RULES
financial aid. (See Section 483 of the Higher Education Act of 1965, as amended
(20 USC 1070a).)
1)
An applicant, spouse or parents of the applicant, as applicable, are
required to submit financial information on the application regarding
income, asset value and non-taxable income. This information shall be
kept confidential.
2)
A recipient must report to the institution all additional gift assistance, such
as tuition waivers and scholarships.
3)
An applicant must file his or her complete application by June 1 prior to
the academic year for which assistance is being requested.
b)
Awards are limited to two academic years or 60 credit hours and are not restricted
to tuition and mandatory fees.
c)
The maximum grant available to a qualified applicant is fixed at $1,000 per year.
Students pursuing an undergraduate degree in engineering, mathematics, nursing,
teaching or science are eligible for an additional $1,000 per year.
d)
The grant will be disbursed in installments depending on the number of terms
financed by the grant.
e)
The grant payment is subject to the availability of funds and the amounts
appropriated to ISAC by the General Assembly. If funds are insufficient to pay all
claims, grants will be awarded according to the date the completed applications
were received, until funds have been expended.
f)
It is the responsibility of CCTG applicants to gain admission to approved Illinois
institutions of higher learning and institutions are not obligated to admit them.
Section 2740.40 Institutional Procedures
a)
The institution shall submit eligibility information for qualified applicants in
sufficient time for ISAC to make award announcements.
b)
The institution shall submit its request for payment within the time frame
requested by ISAC, which shall be no sooner than 30 days unless a more rapid
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED RULES
response is necessary to expend appropriated funds prior to the end of the
academic year. By submitting a payment request, an institution is certifying that
the qualified applicants meet the requirements of Section 2740.20.
c)
Funds shall be remitted by ISAC to institutions on behalf of the recipients.
d)
Upon receipt of grant funds, the institution shall verify the qualified applicant's
enrollment status. If enrolled, the institution may credit the grant funds to the
student's account for expenses due and payable. The balance of the disbursement
shall be released to the recipient.
e)
Upon receipt of the grant, if the qualified applicant has withdrawn from
enrollment for the terms for which the award was intended, the institution shall
return the amount of the grant payment to ISAC.
f)
Assistance received by a student under CCTG must not be reduced by the receipt
of other financial aid from any source. Other aid must be reduced when the total
amount of gift assistance received would exceed the cost of attendance used to
calculate Title IV aid for that student.
g)
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.
h)
Payment requests received after those dates for the award year will be processed
as time and available funds permit; however, final action may require institutions
to go to the Illinois Court of Claims to obtain payment for approved claims. (See
the Court of Claims Act [705 ILCS 505].)
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part: Illinois Special Education Teacher Tuition Waiver (SETTW)
Program
2)
Code Citation: 23 Ill. Adm. Code 2765
3)
Section Numbers:
2765.20
2765.30
4)
Statutory Authority: Implementing Section 65.15 and authorized by Sections 20(f) and
65.15(a)(2) of the Higher Education Student Assistance Act [110 ILCS 947/20(f) and
65.15]
5)
Effective date of Amendments: July 15, 2011
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: January 21, 2011; 35 Ill. Reg. 1349
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
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 Amendments: An amendment clarifies the language that it is up
to the university to determine if a student is considered "accepted or enrolled" in a special
education program. An additional modification allows an exception to the repayment
Adopted Action:
Amendment
Amendment
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
period start date when a student is transferring from one participating university to
another and is continuously enrolled but not yet admitted to the special education teacher
program.
16)
Information and questions regarding these amendments shall be directed to:
Lynn Hynes
Agency Rules Coordinator
Illinois Student Assistance Commission
1755 Lake Cook Road
Deerfield, IL 60015
847/948-8500, ext. 2216
email: lynn.hynes@isac.illinois.gov
The full text of the Adopted Amendments begins on the following page:
ILLINOIS REGISTER
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11
ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER XIX: ILLINOIS STUDENT ASSISTANCE COMMISSION
PART 2765
ILLINOIS SPECIAL EDUCATION TEACHER TUITION WAIVER (SETTW) PROGRAM
Section
2765.10
2765.20
2765.30
2765.40
Summary and Purpose
Applicant Eligibility
Program Procedures
Institutional Procedures
AUTHORITY: Implementing Section 65.15 and authorized by Sections 20(f) and 65.15(a)(2) of
the Higher Education Student Assistance Act [110 ILCS 947/20(f) and 65.15].
SOURCE: Adopted at 19 Ill. Reg. 8354, effective July 1, 1995; amended at 20 Ill. Reg. 9194,
effective July 1, 1996; old Part repealed and new Part adopted at 21 Ill. Reg. 11129, effective
July 18, 1997; amended at 22 Ill. Reg. 11107, effective July 1, 1998; amended at 24 Ill. Reg.
9159, effective July 1, 2000; amended at 26 Ill. Reg. 10037, effective July 1, 2002; amended at
27 Ill. Reg. 10405, effective July 1, 2003; amended at 28 Ill. Reg. 9170, effective July 1, 2004;
amended at 29 Ill. Reg. 9941, effective July 1, 2005; amended at 30 Ill. Reg. 11697, effective
July 1, 2006; amended at 35 Ill. Reg. 12388, effective July 15, 2011.
Section 2765.20 Applicant Eligibility
a)
A qualified applicant shall be:
1)
a United States citizen or an eligible noncitizen;
2)
a resident of Illinois;
3)
a graduate of an approved high school; a student scheduled to graduate
from an approved high school by the end of the academic year in which
the award is made who ranks in the upper half of his or her high school
graduating class at the end of the sixth semester; or a person holding a
valid teaching certificate that is not in the discipline of Special Education;
4)
enrolled, or accepted for enrollment, as an undergraduate or graduate
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
student seeking initial certification in any area of Special Education as
determined by the university;
b)
5)
attending, or planning to attend, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois University, Southern
Illinois University (Carbondale), Southern Illinois University
(Edwardsville), University of Illinois (Chicago), University of Illinois
(Springfield), University of Illinois (Urbana) or Western Illinois
University; and
6)
a potential new recipient in that he or she shall have not received the
Illinois Special Education Teacher Tuition Waiver in the past.
In any academic year in which the qualified applicant accepts or receives financial
assistance through the Paul Douglas Teacher Scholarship (23 Ill. Adm. Code
2762), the Minority Teachers of Illinois Scholarship (23 Ill. Adm. Code 2763),
the Illinois Future Teacher Corps Program (23 Ill. Adm. Code 2764), or Teach
Illinois Scholarship Program (23 Ill. Adm. Code 2768), he or she shall not be
eligible for an Illinois Special Education Teacher Tuition Waiver.
(Source: Amended at 35 Ill. Reg. 12388, effective July 15, 2011)
Section 2765.30 Program Procedures
a)
A completed ISAC application for the Illinois SETTW Program must be
postmarked on or before March 1 immediately preceding the academic year for
which the tuition waiver is being requested, in order to receive priority
consideration for an award.
b)
ISAC applications for the Illinois SETTW Program are available from eligible
institutions; the offices of Regional Superintendents of Education in Illinois;
ISAC's Web site; Illinois State legislative and Illinois federal Congressional
offices; and ISAC's Springfield, Deerfield and Chicago offices.
c)
If the student section of an 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 student section is complete and received in ISAC's Deerfield office.
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
d)
Before March 1 of each year, principals of public, private and parochial high
schools in Illinois will provide the names of all students in their high school who
are anticipated to be qualified applicants.
e)
ISAC shall award 250 Illinois Special Education Teacher Tuition Waivers
annually as follows:
f)
1)
A maximum of 40 tuition waivers may be awarded annually to qualified
applicants who hold valid teaching certificates that are not in the discipline
of Special Education. If more than 40 applicants qualify under these
provisions, a lottery shall be used to select 40 recipients;
2)
A minimum of 105 tuition waivers shall be awarded annually to students
scheduled to graduate from an approved high school in the academic year
in which the award is made and who rank in the upper half of their class at
the end of the sixth semester. Any of the 145 tuition waivers not awarded
pursuant to subsections (e)(1) and (3) of this Section shall be awarded to
this group;
3)
A maximum of 105 tuition waivers may be awarded annually to qualified
applicants who have graduated from an approved high school prior to the
academic year in which the award is made. If more than 105 applicants
qualify under this subsection (e)(3), a lottery shall be used to select the
105 recipients;
4)
ISAC shall select recipients, pursuant to subsection (e)(2), from among
qualified applicants based on the highest ACT or SAT I test scores from
the time periods set forth in 23 Ill. Adm. Code 2760.20(b), (c) and (d), as
converted according to the Illinois Standard Test Score table (see 23 Ill.
Adm. Code 2760.30(b)(1) and (2));
5)
A lottery will be used to determine recipients pursuant to subsection (e)(2)
if the number of qualified applicants sharing the same Illinois Standard
Test Score exceeds the number of tuition waivers to be awarded.
Notice of eligibility will be sent by July 1 to each qualified applicant who is
selected to receive a tuition waiver. The qualified applicant is then responsible
for providing a copy of the notice of eligibility to the institution. All other
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
qualified applicants will be notified that they were not selected.
g)
Tuition waivers are applicable towards credit for any semester/quarter within an
academic year.
h)
A recipient shall be exempt from paying tuition and mandatory fees for up to four
calendar years.
i)
Prior to receiving assistance, the qualified applicant must sign a Teaching
Agreement/Promissory Note, which must be submitted to ISAC. The Teaching
Agreement/Promissory Note shall include the following stipulations:
j)
1)
the recipient pledges to begin teaching on a full-time basis, in the field of
Special Education, within one year following graduation from or
termination of enrollment in a teacher education program, at a nonprofit,
public, private or parochial preschool, elementary or secondary school in
Illinois and to continue teaching for at least 2 of the 5 years immediately
following;
2)
if the teaching requirement is not fulfilled, the tuition waiver converts to a
loan and the recipient must repay the entire amount of the tuition waiver
(prorated according to the fraction of the teaching obligation not
completed), plus interest at a rate equal to 5% per annum; and
3)
the recipient agrees to provide ISAC with evidence of compliance with
program requirements (e.g., responses to annual follow-up questionnaires,
etc.).
The five-year time period during which the teaching requirement must be fulfilled
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 enrolled full-time in an academic program related to the field of
teaching, leading to a graduate or postgraduate degree;
3)
is temporarily totally disabled for a period of time not to exceed three
years, as established by the sworn affidavit of a qualified physician;
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
4)
is actively seeking but unable to find full-time employment as a teacher at
an Illinois public, private, or parochial school for one continuous period
not to exceed two years, and is able to provide evidence of that fact;
5)
is taking additional courses, on at least a half-time basis, needed to obtain
certification as a teacher in Illinois; or
6)
k)
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 obligation.
A recipient may be granted a leave of absence by the president of the institution,
or his/her designee, for the following reasons:
1)
earning funds to defray the recipient's educational expenses;
2)
illness of the recipient or a member of the recipient's immediate family, as
established by the sworn statement of a licensed physician; or
3)
military service.
l)
A recipient must complete his or her course of study within six years including
leaves of absence. A recipient must remain enrolled on a continuous basis during
the regular school year for four years, unless granted a leave of absence.
However, a leave of absence granted for military service shall not be considered
part of the six years within which a recipient must complete a degree.
m)
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 initial certification as a teacher in
Special Education, but not until six months have elapsed after the
cessation of at least half-time enrollment in such a course of study. A
recipient who has transferred and is waiting to be accepted into the Special
Education program at the new university shall not be subject to this
provision provided he or she is enrolled and is pursuing course work that
meets the new university's requirements to gain admission to the Special
Education program;
ILLINOIS REGISTER
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
n)
2)
the date the recipient informs ISAC that he or she does not plan to fulfill
the teaching obligation; or
3)
the latest date upon which the recipient must have begun teaching in order
to complete the teaching obligation within five years after completing the
postsecondary education for which the waiver was awarded.
If a recipient is required to repay any portion of the tuition waiver, the repayment
period shall be completed within five years after the tuition waiver converts to a
loan. The five-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 disabled, for not more than three years, as established by the
sworn affidavit of a licensed physician;
3)
is pursuing a graduate or postgraduate degree and is enrolled on a full-time
basis for one continuous period of time not to exceed three years;
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 a teacher certification in
Special Education but remains enrolled on at least a half-time basis in
another academic discipline.
o)
During the time a recipient qualifies for any of the extensions listed in subsection
(n) of this Section, he or she shall not be required to make payments and interest
shall not continue to accrue.
p)
A recipient shall not be required to pay the amount of the tuition and fees waived
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.
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ILLINOIS STUDENT ASSISTANCE COMMISSION
NOTICE OF ADOPTED AMENDMENTS
q)
A holder of a tuition waiverrecipient must register for enrollmentbe enrolled in a
special education program of teacher education within ten days after the
beginning of the term for which the tuition waiver was initially awarded. If the
recipient fails to comply with this requirement, he or she will forfeit the tuition
waiver and ISAC will award it to another qualified applicant.
(Source: Amended at 35 Ill. Reg. 12388, effective July 15, 2011)
ILLINOIS REGISTER
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10
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 July 5, 2011 through July 11, 2011 and have been scheduled for review by
the Committee at its August 16, 2011 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
Start
Notice
Of First
JCAR
Expires
Agency and Rule
Notice
Meeting
8/18/11
Department of Public Health, Illinois Vital
Records Code (77 Ill. Adm. Code 500)
1/14/11
35 Ill. Reg.
750
8/16/11
8/18/11
Department of Natural Resources, Cock
Pheasant, Hungarian Partridge, Bobwhite Quail,
and Rabbit Hunting (17 Ill. Adm. Code 530)
4/29/11
35 Ill. Reg.
7048
8/16/11
8/20/11
Department of Public Health, Emergency
Medical Services and Trauma Center Code (77
Ill. Adm. Code 515)
4/15/11
35 Ill. Reg.
6309
8/16/11
8/21/11
Department of Financial and Professional
Regulation, Real Estate Timeshare Act of 1999
(68 Ill. Adm. Code 1451)
4/22/11
35 Ill. Reg.
6716
8/16/11
ILLINOIS REGISTER
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11
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citations): Merit and Fitness (80 Ill. Adm. Code 302)
1)
Rulemaking:
A)
Description: The Department anticipates rulemaking affecting the
following sections:
Amend Section 302.30 to clarify the process for determining eligibility of
candidates for employment seeking veteran’s preference.
Amend Section 302.90 to address the process for filling of multiple
vacancies by simultaneous resort to more than a single method described
in Rule 302.90;
Amend Sections 302.90 and 302.820 to address the process for appointing
employees to term appointments, to address inconsistencies between these
two sections, and to address the differences between the 4 year term
appointments historically addressed by these sections and 5 year term
appointments.
Amend Section 302.91 to more fully describe the procedures and
requirements of the Alternative Employment Program;
Amend Section 302.150 to provide for temporary appointment of retired
State employees to work no more than 75 days within a twelve-month
period, and further amend Section 302.150 to provide for Provisional
Appointment Pending Partial Exemption under Personnel Code Section
4d;
Amend Section 302.790 to clarify the prohibition on discrimination and
retaliation; and
Adding a new Section under Subpart L addressing the requirement that
certain internal auditor and procurement positions be appointed to five
year term appointments.
B)
Statutory Authority: 20 ILCS 4156/8, 8b.10, 8b.18, 8b.19, 8c.6, 8e and
P.A. 96-0795.
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates: Not Applicable
D)
Date agency anticipates First Notice: Not Yet Scheduled
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Jeffrey Shuck
Deputy General Counsel
720 Stratton Office Building
Springfield, IL 62706
217/782-5778
G)
b)
Related rulemakings and other pertinent information: Other amendments
may be necessary based on emergent issues.
Part(s) (Heading and Code Citations): Conditions of Employment (80 Ill. Adm. Code
303)
1)
Rulemaking:
A)
Description: The Department anticipates rulemaking affecting the
following sections:
Amend the current Rules relating to Vacation Time and Personal Time ,
including at least Sections 303.125 and 303 290, to clarify limitations on
use and prevent misuse of such time by employees pending their
retirement from State employment;
Amend Section 303.145 to clarify the limitations on temporary disability
leave and the process for agencies to require independent medical
examinations of employees, and to address the relationship between
temporary disability leave and the Alternative Employment Program.
Add a new Section to provide for Family Military Leave pursuant to P.A.
96-1417.
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
Add a new Section to provide for Civil Air Patrol Leave pursuant to P.A.
95-763.
B)
Statutory Authority: 20 ILCS 415/8, 8c, 8c.6, 8e and 9(14).
C)
Scheduled meeting/hearing dates: Not Applicable
D)
Date agency anticipates First Notice: Not Yet Scheduled
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Jeffrey Shuck
Deputy General Counsel
720 Stratton Office Building
Springfield, IL 62706
217/782-5778
G)
c)
Related rulemakings and other pertinent information: Other amendments
may be necessary based on emergent issues.
Part(s) (Heading and Code Citations): General Provisions (80 Ill. Adm. Code 304)
1)
Rulemaking:
A)
Description: The Department anticipates rulemaking affecting the
following sections:
Amend Section 304.40 to make explicit the historic interpretation that all
Rutan-related documentation is confidential and falls under the definition
of examination materials.
B)
Statutory Authority: 20 ILCS 415/8, 8e, and 9(14).
C)
Scheduled meeting/hearing dates: Not Applicable
D)
Date agency anticipates First Notice: Not Yet Scheduled
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Jeffrey Shuck
Deputy General Counsel
720 Stratton Office Building
Springfield, IL 62706
217/782-5778
G)
d)
Related rulemakings and other pertinent information: Other amendments
may be necessary based on emergent issues.
Part(s) (Heading and Code Citations): Solicitation For Charitable Payroll Deductions (80
Ill. Adm. Code 2650)
1)
Rulemaking:
A)
Description: The Department anticipates rulemaking affecting the
following sections:
Amend Section 2650.10 to modify the length and number of Advisory
Board terms that may be served by State employees.
B)
Statutory Authority: 5 ILCS 340
C)
Scheduled meeting/hearing dates: Not Applicable
D)
Date agency anticipates First Notice: Not Yet Scheduled
E)
Affect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Jeffrey Shuck
Deputy General Counsel
ILLINOIS REGISTER
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11
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
720 Stratton Office Building
Springfield, IL 62706
217/782-5778
G)
e)
Related rulemakings and other pertinent information: None
Part: Pay Plan, 80 Ill. Admin. Code 310
1)
Rulemaking:
A)
Description:
Projected amendments to the Department of Central Management
Services' Pay Plan include revisions to the following sections:
In Section 310.47, the revisions are to in-hiring rates based on bargaining
unit agreements or trainee programs.
In Sections 310.50 and 310.500, revisions are to clarify or to add
definitions.
In Section 310.280, the revisions are to designated rates, the addition of
new positions assigned designated rates and deletion of positions no
longer assigned designated rates.
In Section 310.Appendix A, the revisions are to negotiated rate tables
based on bargaining unit agreements that are signed before mid-December
2011.
In Section 310.410, the revisions are to include MS-salary range
assignments to newly established classifications or to existing
classifications when bargaining unit negotiations are complete.
In various sections, the revisions are to include provisions contained
within bargaining unit agreements.
In various sections, the revisions are to classifications established, revised
or abolished with the approval of the Civil Service Commission.
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
In various sections, the revisions are to the format of the Pay Plan to
reduce duplicate information and provide easier access to information
contained within the Pay Plan.
B)
Statutory Authority: Implementing and authorized by Sections 8, 8a and
9(7) of the Personnel Code [20 ILCS 415/8, 20 ILCS 415/8a and 20 ILCS
415/9(7)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor
Relations Act [5 ILCS 315/4, 5 ILCS 315/6, 5 ILCS 315/15 and 5 ILCS
315/21].
C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Department of Central
Management Services in writing during the First Notice Period of the Pay
Plan amendments.
D)
Date agency anticipates First Notice:
Proposed amendments are expected to be filed during July 2011 affecting
Sections 310.47, 310.410 and 310.Appendix A Tables D, E, F, X and W.
Amendments to Section 310.280, Designated Rate, will be filed as the
Governor approves revisions throughout the year.
Peremptory amendments based on new memoranda of understanding or
other bargaining unit agreements will be filed as negotiations are
completed.
Peremptory amendments based on new, revised or abolished
classifications represented by the bargaining units, and proposed
amendments based on new, revised, or abolished classifications not
represented by the bargaining units, will be filed as the classification
actions are approved by the Civil Service Commission.
E)
Effect on small businesses, small municipalities or not for profit
corporations: These amendments to the Pay Plan pertain only to state
employees subject to the Personnel Code under the Governor. They do
not set out guidelines that are to be followed by local or other
jurisdictional bodies within the State.
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Mr. Jason Doggett
Manager
Compensation Section
Division of Technical Services and Agency Training and Development
Bureau of Personnel
Department of Central Management Services
504 William G. Stratton Building
Springfield IL 62706
Telephone: 217/782-7964
Fax: 217/524-4570
CMS.PayPlan@Illinois.gov
G)
Related rulemakings and other pertinent information: Other amendments
may be necessary based on emergent issues regarding state employee
salary rates and policies.
ILLINOIS REGISTER
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11
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
a)
Part: Pay Plan, 80 Ill. Admin. Code 310
1)
Rulemaking:
A)
Description:
Projected amendments to the Department of Central Management
Services' Pay Plan include revisions to the following sections:
In Section 310.47, the revisions are to in-hiring rates based on bargaining
unit agreements or trainee programs.
In Sections 310.50 and 310.500, revisions are to clarify or to add
definitions.
In Section 310.280, the revisions are to designated rates, the addition of
new positions assigned designated rates and deletion of positions no
longer assigned designated rates.
In Section 310.Appendix A, the revisions are to negotiated rate tables
based on bargaining unit agreements that are signed before mid-December
2011.
In Section 310.410, the revisions are to include MS-salary range
assignments to newly established classifications or to existing
classifications when bargaining unit negotiations are complete.
In various sections, the revisions are to include provisions contained
within bargaining unit agreements.
In various sections, the revisions are to classifications established, revised
or abolished with the approval of the Civil Service Commission.
In various sections, the revisions are to the format of the Pay Plan to
reduce duplicate information and provide easier access to information
contained within the Pay Plan.
B)
Statutory Authority: Implementing and authorized by Sections 8, 8a and
9(7) of the Personnel Code [20 ILCS 415/8, 20 ILCS 415/8a and 20 ILCS
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
415/9(7)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor
Relations Act [5 ILCS 315/4, 5 ILCS 315/6, 5 ILCS 315/15 and 5 ILCS
315/21].
C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Department of Central
Management Services in writing during the First Notice Period of the Pay
Plan amendments.
D)
Date agency anticipates First Notice:
Proposed amendments are expected to be filed during July 2011 affecting
Sections 310.47, 310.410 and 310.Appendix A Tables D, E, F, X and W.
Amendments to Section 310.280, Designated Rate, will be filed as the
Governor approves revisions throughout the year.
Peremptory amendments based on new memoranda of understanding or
other bargaining unit agreements will be filed as negotiations are
completed.
Peremptory amendments based on new, revised or abolished
classifications represented by the bargaining units, and proposed
amendments based on new, revised, or abolished classifications not
represented by the bargaining units, will be filed as the classification
actions are approved by the Civil Service Commission.
E)
Effect on small businesses, small municipalities or not for profit
corporations: These amendments to the Pay Plan pertain only to state
employees subject to the Personnel Code under the Governor. They do
not set out guidelines that are to be followed by local or other
jurisdictional bodies within the State.
F)
Agency contact person for information:
Mr. Jason Doggett
Manager
Compensation Section
Division of Technical Services and Agency Training and Development
ILLINOIS REGISTER
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2011 REGULATORY AGENDA
Bureau of Personnel
Department of Central Management Services
504 William G. Stratton Building
Springfield IL 62706
Telephone: 217/782-7964
Fax: 217/524-4570
CMS.PayPlan@Illinois.gov
G)
Related rulemakings and other pertinent information: Other amendments
may be necessary based on emergent issues regarding state employee
salary rates and policies.
ILLINOIS REGISTER
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11
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citation): Public Information, Rulemaking and Organization
(2 Ill. Adm. Code 1720)
1)
Rulemaking:
A)
Description: Public Requests (2 Ill. Adm Code 1720.110), Public
Submissions (2 Ill. Adm Code 1720.120), Procedure (2 Ill. Adm Code
1720.200) will be amended to update the address of the Illinois Criminal
Justice Information Authority
B)
Statutory Authority: Implementing and authorized by Section 1 of the
Illinois Motor Vehicle Theft Prevention Act (20 ILCS 4005/1)
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
G)
b)
Related rulemaking and other pertinent information: None
Part(s) (Heading and Code Citation): Public Information, Rulemaking and Organization
(2 Ill. Adm. Code 1750)
1)
Rulemaking:
A)
Description: Public Requests (2 Ill. Adm. Code 1750.110), Public
Submissions (2 Ill. Adm. Code 1750.120), Procedure (2 Ill. Adm. Code
ILLINOIS REGISTER
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ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
JULY 2011 REGULATORY AGENDA
1750.200) will be amended to update the address of the Illinois Criminal
Justice Information Authority
B)
Statutory Authority: Implementing and authorized by Executive Order 822 and the Illinois Criminal Justice Information Act (20 ILCS 3930)
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
G)
c)
Related rulemaking and other pertinent information: None
Part(s) (Heading and Code Citation): Americans with Disabilities Act Grievance
Procedure (4 Ill. Adm. Code 150)
1)
Rulemaking:
A)
Description: Procedures (4 Ill. Adm. Code 150.20) will be amended to
update the address of the Illinois Criminal Justice Information Authority
B)
Statutory Authority: Implementing and authorized by the Americans With
Disabilities Act of 1990 (42 USC 12101 et seq.); Section 35.107 of the
Title II regulations, 28 CFR Part 35; Sections 705, 706, 707, 709, and 710
of the Civil Rights Act of 1964 (42 USC 2000e-4, 2000e-5, 2000e-6,
2000e-8, and 2000e-9); Section 505 of the Rehabilitation Act of 1973 (29
USC 794a); and Section 7 of the Illinois Criminal Justice Information Act
ILLINOIS REGISTER
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11
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
JULY 2011 REGULATORY AGENDA
(Ill. Rev. Stat. 1991, ch. 38, pars. 210-7(o) and (r)) [20 ILCS 3930/7(o)
and (r)]
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
G)
d)
Related rulemaking and other pertinent information: None
Part(s) (Heading and Code Citation): Fees for Processing Requests for Conviction
Information (20 Ill. Adm. Code 1570)
1)
Rulemaking:
A)
Description: Notification and Fee Amount (20 Ill. Adm. Code 1570.60)
will be amended to update the address of the Illinois Criminal Justice
Information Authority
B)
Statutory Authority: Implementing and authorized by the Illinois Uniform
Conviction Information Act [20 ILCS 2635]
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
ILLINOIS REGISTER
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ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
G)
e)
Related rulemaking and other pertinent information: None
Part(s) (Heading and Code Citation): Trust Fund Collection Rules (20 Ill. Adm. Code
1800)
1)
Rulemaking:
A)
Description: Collection Process (20 Ill. Adm. Code 1800.30), Public
Inquiries (20 Ill. Adm. Code 1800.40) will be amended to update the
address of the Illinois Criminal Justice Information Authority
B)
Statutory Authority: Implementing and authorized by the Illinois Motor
Vehicle Theft Prevention Act [20 ILCS 4005]
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
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ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
JULY 2011 REGULATORY AGENDA
G)
f)
Related rulemaking and other pertinent information: None
Part(s) (Heading and Code Citation): Rules for the Award and Monitoring of Trust
Funds (20 Ill. Adm. Code 1810)
1)
Rulemaking:
A)
Description: Unallowable Costs (20 Ill. Adm. Code 1810.540) will be
amended to update unallowable costs by removing liability insurance as an
unallowable cost
B)
Statutory Authority: Implementing and authorized by Section 1 of the
Illinois Motor Vehicle Theft Prevention Act (20 ILCS 4005)
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Junaid M. Afeef, Associate General Counsel
Illinois Criminal Justice Information Authority
300 W. Adams Street, Suite 200
Chicago, Illinois 60606
Tel: 312-793-8550
Email: Junaid.afeef@illinois.gov
G)
Related rulemaking and other pertinent information: None
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DEPARTMENT OF EMPLOYMENT SECURITY
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citation): Notices, Records, Reports 56 Ill. Adm. Code 2760
1)
Rulemaking:
A)
Description: The Department is considering changing the requirements
for mandatory electronic reporting by employers.
B)
Statutory Authority: Sections 204, 234, 245, 300, 302, 700, 1400, 1401,
1402, 1404, 1405, 1507, 1700 and 1701 of the Unemployment Insurance
Act [820 ILCS 405/204, 234, 245, 300, 302, 700, 1400, 1401, 1402, 1404,
1405, 1507, 1700 and 1701].
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Potential effect, depending upon specifics of what changes
are ultimately proposed.
F)
Agency contact person for information:
Gregory J. Ramel, Deputy Legal Counsel
Illinois Department of Employment Security
33 South State Street - 9th Floor
Chicago, IL 60603
312-793-4240
gregory.ramel@illinis.gov
G)
Related rulemaking and other pertinent information: None
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
I. DIVISION OF BANKING
a)
Part(s) (Heading and Code Citation): Residential Mortgage License Act of 1987 (38 Ill.
Adm. Code 1050)
1)
Rulemaking:
A)
Description: Rules may be promulgated to increase Mortgage Loan
Originator License fees which have not been increased since the original
loan originator registration program began in 2004 and the proposed
increase reflects agency costs to provide the current level of service. The
rules should also reestablish and update license and reporting provisions
pertaining to Mortgage Loan Originators including through use of the
Nationwide Mortgage Licensing System and Registry, and add a new
purchasing activity report and new standard for payment processing by
servicers. Other proposed amendments may be proposed to supplement
Mortgage Loan Originator provisions previously added to the Residential
Mortgage License Act of 1987 by Public Act 96-0112 and arise from the
federal Secure and Fair Enforcement Licensing Act (“SAFE”).
B)
Statutory Authority: Residential Mortgage License Act of 1987 [815
ILCS 635]
C)
Schedule 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: There would be an increase in licensing costs for Mortgage
Loan Originators and some of those costs may have an indirect effect on
small businesses.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
217/785-0813 Fax: 217/557-4451
G)
Related rulemakings and other pertinent information: None
II. DIVISION OF FINANCIAL INSTITUTIONS
a)
Part(s) (Heading and Code Citation): Currency Exchange Act (38 Ill. Adm. Code 130)
1)
Rulemaking:
A)
Description: Rules may be necessary per the recently-passed HB 159,
which amended the Currency Exchange Act to include updating and
increasing certain licensing fees, adding additional services that CEs may
provide without prior written approval by the Director, and establishing
procedures for a group of currency exchanges or currency exchange
associations for obtaining “blanket” approval for all CEs to provide
approved services. The bill allows CEs to have an on-site 3rd party tax
preparer, but may not do refund anticipation loans. It creates cease and
desist powers for the Department against unlicensed CEs or to prohibit
certain practices by licensed CEs and increases the fines for violations of
the Act or Rules by a CE. The bill also abolishes the currency exchange
board of advisors and makes other technical changes.
B)
Statutory Authority: Currency Exchange Act [205 ILCS 405]
C)
Schedule 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: Currency Exchanges may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
b)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Credit Union Act (38 Ill. Adm. Code 190)
1)
Rulemaking:
A)
Description: Rule may be necessary per the recently-passed HB 2101
which makes certain definitional changes to clarify role of the Director
and Secretary and expands ability of the Department to assess civil
penalties for unsafe/unsound business practices and other regulatory
violations.
B)
Statutory Authority: Illinois Credit Union Act [205 ILCS 305]
C)
Schedule 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: Illinois state-chartered credit unions may be affected.
F)
Agency contact person for information:
Department 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
III. DIVISION OF PROFESSIONAL REGULATION
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citation): Appraisal Management Company Registration Act
(New Part)
1)
Rulemaking:
A)
Description: The Recently-passed Senate Bill 1539 defines and provides
for the regulation and licensure of appraisal management companies in
Illinois and will require the promulgation of rules to implement its
provisions.
B)
Statutory Authority: Appraisal Management Company Registration Act
Senate Bill 1539 (Citation not yet assigned)
C)
Schedule 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: Appraisal management companies and/or their affiliates will
be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
b)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Professional Boxing Act (68 Ill Adm. Code 1371)
1)
Rulemaking:
A)
Description: The recently-passed House Bill 1490 changes the title of the
Act to the Boxing and Full-contact Martial Arts Act and provides for the
regulation of amateur full-contact martial arts in addition to boxing and
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
amends several section of the former Professional Boxing Act such as
defining what constitutes a “sanctioning body” within the scope of the Act
and the establishment of an “Athletics Supervision and Regulation Fund”
in the State Treasury. The passage of the legislation will necessitate the
need to promulgate rules to properly administer and enforce the soon-to-be
new law.
B)
Statutory Authority: Professional Boxing Act [225 ILCS 105]
C)
Schedule 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: Individuals and/or entities licensed by the Division under
the provisions of the Professional Boxing Act
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
c)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Cemetery Oversight Act (68 Ill. Adm. Code 1249)
1)
Rulemaking:
A)
Description: The Cemetery Oversight Act, PA 96-863, brought regulation
of cemeteries under the authority of the Illinois Department of Financial
and Professional Regulation. The Act created tiers for the licensure and
registration of cemeteries and license requirements for certain employees
working at fully licensed cemeteries. This new Part 1249 shall encompass
all aspects of cemetery regulation in Illinois.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Cemetery Oversight Act [225 ILCS 411]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: July 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Newly licensed cemeteries and their affiliates may be
affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
d)
Related rulemakings and other pertinent information: A similar
rulemaking was proposed in April 2010 but was withdrawn by the agency
pending possible follow-up legislation. That legislation did not come to
pass at this time so the Department intends to propose a modified version
of the previously proposed rulemaking to enable the Department to fully
comply with the statute.
Part(s) (Heading and Code Citation): Illinois Dental Practice Act (68 Ill Adm. Code
1220).
1)
Rulemaking:
A)
Description: Technical clean-up changes may be necessary.
B)
Statutory Authority: Illinois Dental Practice Act [225 ILCS 25]
C)
Schedule meeting/hearing date: No meetings or hearings have been
scheduled.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed dentists, dental hygienists and dental assistants
may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
e)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Detection of Deception Examiners Act (68 Ill. Adm.
Code 1230)
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (House Bill 1394) including
revisions to training, instructor qualifications and examination requirements.
B)
Statutory Authority: Detection of Deception Examiners Act [225 ILCS
430]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed examiners within the scope of this Act may be
affected.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
f)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Funeral Directors and Embalmers Licensing Code
(68 Ill. Adm. Code 1250)
1)
Rulemaking:
A)
Description: Public Act 96-1463 provided the need for amending the
rules relating to discipline for violations and other non-substantive
changes. This Part will also be amended to include a fee structure for
application and renewal as a Continuing Education sponsor.
B)
Statutory Authority: Funeral Directors and Embalmers Licensing Code
[225 ILCS 41]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: August 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed funeral directors and embalmers may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
217/785-0813 Fax: 217/557-4451
G)
g)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Genetic Counselor Licensing Act (68 Ill. Adm.
Code 1251)
1)
Rulemaking:
A)
Description: Clarification of Continuing Education approved sponsors
and possible expansion of acceptance by the Department regarding proof
of graduation in obtaining a Master's degree in genetic counseling from an
American Board of Genetic Counseling (ABGC) or an American Board of
Medical Genetics (ABMG) accredited training program or an equivalent
program approved by the ABGC or the ABMG.
B)
Statutory Authority: Genetic Counselor Licensing Act [225 ILCS 135]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: August 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed genetic counselors may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
h)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Home Inspector License Act (68 Ill. Adm. Code
1410)
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (Senate Bill 1806).
B)
Statutory Authority: Home Inspector License Act [225 ILCS 441]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed home inspectors may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
i)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Home Medical Equipment and Services Provider
License Act (68 Ill. Adm. Code 1253)
1)
Rulemaking:
A)
Description: Technical clean up changes may be made.
B)
Statutory Authority: Home Medical Equipment and Services Provider
License Act [225 ILCS 51]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed home medical equipment providers may be
affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
j)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Interior Design Title Act (68 Ill. Adm. Code 1255)
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (Senate Bill 1310) as well as
technical clean up language including changes reflecting the consolidation
of the Department of Financial and Professional Regulation.
B)
Statutory Authority: Interior Design Title Act [225 ILCS 310]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed interior design professionals may be affected.
F)
Agency contact person for information:
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
k)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Landscape Architecture Act of 1989 (68 Ill.
Adm. Code 1275)
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (PA-96-682). This includes
requirement of a seal, new/updated continuing education provisions, and
liability insurance requirements.
B)
Statutory Authority: Illinois Landscape Architecture Act of 1989 [225
ILCS 315]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: September 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed landscape architects may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
G)
l)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Marriage and Family Therapy Licensing Act (68
Ill. Adm. Code 1283)
1)
Rulemaking:
A)
Description: Technical clean up changes may be made.
B)
Statutory Authority: Marriage and Family Therapy Licensing Act [225
ILCS 55]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed marriage and family therapists may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
m)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Medical Practice Act of 1987 (68 Ill. Adm. Code
1255)
1)
Rulemaking:
A)
Description: Recently-passed legislation amending the Medical Practice
Act of 1987 along with other legislation that may affect certain sections of
the Act could possibly require the promulgation of rules.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Medical Practice Act of 1987 [225 ILCS 60]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Those licensed to practice medicine as well as entities
conducting business within the medical field may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
n)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Nurse Practice Act (68 Ill Adm. Code 1300)
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Nurse Practice Act [225 ILCS 65]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Individuals applying for licensure or licensed under this Act
may be affected.
ILLINOIS REGISTER
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
o)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Nursing Home Administrators Licensing and
Disciplinary Act (68 Ill. Adm. Code 1310)
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Nursing Home Administrators Licensing and
Disciplinary Act [225 ILCS 70]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Nursing home administrators may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
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ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
G)
p)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Optometric Practice Act of 1987 (68 Ill.
Adm. Code 1320)
1)
Rulemaking:
A)
Description: Recently-passed HB 1494 amends the Act to allow the
Optometric Board to add a pharmaceutical agent approved by the FDA for
eye treatment; rules may be necessary for implementation.
B)
Statutory Authority: Illinois Optometric Practice Act of 1987 [225 ILCS
80]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed optometrists may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
q)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004 (68 Ill. Adm. Code 1240)
1)
Rulemaking:
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
A)
Description: Rules for licensure of canine handlers and trainers will be
proposed after completion of the current proposed rulemaking for
fingerprint vendors.
B)
Statutory Authority: Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004 [225 ILCS 447]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Canine handlers and trainers may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
r)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Orthotics, Prosthetics and Pedorthics Practice
Act (68 Ill. Adm. Code 1325)
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (PA 96-682).
B)
Statutory Authority: Orthotics, Prosthetics and Pedorthics Practice Act [225
ILCS 84]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
ILLINOIS REGISTER
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
D)
Date agency anticipates First Notice: August 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed orthotists, prosthetists, and pedorthists may be
affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
s)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Pharmacy Practice Act (68 Ill. Adm. Code 1330)
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Pharmacy Practice Act [225 ILCS 85]
C)
Schedule meeting/hearing date: No hearings have been scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed pharmacists, pharmacy technicians, and
pharmacies will be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
ILLINOIS REGISTER
12432
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
t)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Physician Assistant Practice Act of 1987 (68 Ill.
Adm. Code 1350)
1)
Rulemaking:
A)
Description: This Part may be amended as a result of PA 96-268, which
amended the Controlled Substances Act to require the Department to
register physician assistants to prescribe and dispense controlled substances.
B)
Statutory Authority: Physician Assistant Practice Act of 1987 [225 ILCS
95]
C)
Schedule meeting/hearing date: No hearings have been scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed physician assistants may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
u)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Podiatric Medical Practice Act of 1987(68 Ill.
Adm. Code 1360)
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Podiatric Medical Practice Act of 1987 [225 ILCS
100]
C)
Schedule meeting/hearing date: No hearings have been scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed podiatrists may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
v)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Clinical Psychologist Licensing Act (68 Ill. Adm.
Code 1400)
1)
Rulemaking:
A)
Description: This Part will be amended to include provisions relating to
sponsors and out-of-state continuing education. Technical clean-up
changes may also be made.
B)
Statutory Authority: Clinical Psychologist Licensing Act [225 ILCS 15]
C)
Schedule meeting/hearing date: No hearings have been scheduled.
D)
Date agency anticipates First Notice: August 2011
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed clinical psychologists may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
w)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Public Accounting Act (68 Ill. Adm. Code 1420)
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Illinois Public Accounting Act [225 ILCS 450]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed and registered certified public accountants may be
affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
G)
x)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Real Estate Appraiser Licensing (68 Ill. Adm. Code
1455)
1)
Rulemaking:
A)
Description: Changes at the federal level under the Dodd-Frank Reform
Act, including a fee increase for the National Registry, will necessitate a
change to this Part.
B)
Statutory Authority: Real Estate Appraiser Licensing Act of 2002 [225
ILCS 458]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: July 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed real estate appraisers may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
y)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Real Estate License Act of 2000 (68 Ill. Adm.
Code 1450)
1)
Rulemaking:
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
A)
Description: Public Act 96-989 amended the Real Estate License Act of
2000 to allow for restoration of real estate brokers and managing brokers.
Rules for restoration standards may need to be promulgated.
B)
Statutory Authority: Real Estate License Act of 2000 [225 ILCS 454]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Real estate appraisers will be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
z)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Roofing Industry Licensing Act (68 Ill.
Adm. Code 1460)
1)
Rulemaking:
A)
Description: Section 1460.40 will 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. The current restoration language may also be
amended to clarify that if a qualifying party’s license has lapsed less than
180 days (from current days), an exam does not need to be taken.
B)
Statutory Authority: Illinois Roofing Industry Licensing Act [225 ILCS
335]
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: September 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed roofing contractors and applicants for licensure
may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
aa)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Clinical Social Work and Social Work Practice Act
(68 Ill. Adm. Code 1470)
1)
Rulemaking:
A)
Description: Various sections may be amended to address changes as a
result of the sunset reauthorization of the Act (PA 95-687).
B)
Statutory Authority: Clinical Social Work and Social Work Practice Act
[225 ILCS 20]
C)
Schedule 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: Licensed social workers and clinical social workers may be
affected.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
bb)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Certified Shorthand Reporters Act of 1984
(68 Ill. Adm. Code 1200)
1)
Rulemaking:
A)
Description: Technical clean-up changes and general updating need to be
made.
B)
Statutory Authority: Illinois Certified Shorthand Reporters Act of 1984
[225 ILCS 415]
C)
Schedule meeting/hearing date: No meetings or hearings have been
scheduled.
D)
Date agency anticipates First Notice: November 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed certified shorthand reporters may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
G)
cc)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Illinois Speech-Language Pathology and
Audiology Practice Act (68 Ill. Adm. Code 1465)
1)
Rulemaking:
A)
Description: Technical clean-up changes may be made.
B)
Statutory Authority: Illinois Speech-Language Pathology and Audiology
Practice Act [225 ILCS 110]
C)
Schedule 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: Licensed speech-language pathologists, assistants, and
audiologists may be affected.
F)
Agency contact person for information:
Department of Financial and Professional Regulation
Attention: Craig Cellini
320 West Washington, 3rd Floor
Springfield, IL 62786
217/785-0813 Fax: 217/557-4451
G)
dd)
Related rulemakings and other pertinent information: None
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 as a result of the extensive
changes contained in PA 95-689.
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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Wholesale Drug Distribution Licensing Act [225
ILCS 120]
C)
Schedule meeting/hearing date: No hearings or meetings have been
scheduled.
D)
Date agency anticipates First Notice: Unknown
E)
Effect on small businesses, small municipalities or not for profit
corporations: Licensed wholesale drug distributors and applicants for
licensure may be affected.
F)
Agency contact person for information:
Department 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
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ILLINOIS GAMING BOARD
JULY 2011 REGULATORY AGENDA
a)
Part (Heading and Code Citation): Video Gaming Act, 11 Ill. Adm. Code 1800
1)
Rulemaking:
A)
Description: The purpose of the proposed rulemaking will be to amend
the definition of "persons with significant influence and control" contained
in Section 110, Definitions, so that it does not refer to persons with a
substantial interest, and amend Section 1800.430, Persons with
Significant Influence or Control, by deleting subparagraph c) 2) of that
Section. Subparagraph c) 2) provides that persons who hold, directly or
indirectly, a "substantial interest" in an applicant or licensee (except for
institutional investors holding less than 10% of the shares of a publicly
traded company) shall be deemed persons with significant influence and
control, and shall file disclosures as provided by the Illinois Gaming
Board. The phrase "substantial interest" is defined in Section 25 (g) of the
Video Gaming Act, and used in Section 26 of the Act solely with
reference to residency requirements for licensed distributors and terminal
operators.
B)
Statutory Authority: Section 78 (a) (3) and (b) of the Video Gaming Act
[230 ILCS 40/78 (a) (3) and (b) (West 2010)].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: The agency plans to file this
proposed rulemaking as an emergency rule, as well as a proposed
permanent rule, by the end of July 2011.
E)
Effect on small business, small municipalities or not-for-profit
corporations: None.
F)
Agency contact person for information:
William Bogot
Acting General Counsel
Illinois Gaming Board
160 North LaSalle, Suite S-300
Chicago, Illinois 60601-3274
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ILLINOIS GAMING BOARD
JULY 2011 REGULATORY AGENDA
312/814-4700
G)
b)
Related rulemaking and other pertinent information: None.
Part (Heading and Code Citation): Video Gaming Act, 11 Ill. Adm. Code 1800
1)
Rulemaking:
A)
Description: The purpose of the proposed rulemaking will be to add a
new Section 1800. 555, entitled Withdrawal of Applications. The new
section will provide that an application for a license under the Act may be
withdrawn without leave of the Illinois Gaming Board, if the Board
receives a written notification of withdrawal before Board action on the
application, and unless the intended withdrawal is objected to by the
Administrator, in which case leave of the Board will be required. The
section will apply to applications for all categories of licenses issued under
the Act.
B)
Statutory Authority: Section 78 (a) (3) and (b) of the Video Gaming Act
[230 ILCS 40/78 (a) (3) and (b) (West 2010)].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: The agency plans to file this
proposed rulemaking as an emergency rule, as well as a proposed
permanent rule, by the end of July 2011.
E)
Effect on small business, small municipalities or not-for-profit
corporations: None.
F)
Agency contact person for information:
William Bogot
Acting General Counsel
Illinois Gaming Board
160 North LaSalle, Suite S-300
Chicago, Illinois 60601-3274
312/814-4700
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ILLINOIS GAMING BOARD
JULY 2011 REGULATORY AGENDA
G)
c)
Related rulemaking and other pertinent information: None.
Part (Heading and Code Citation): Video Gaming Act, 11 Ill. Adm. Code 1800
1)
Rulemaking:
A)
Description: The purpose of the proposed rulemaking will be to add a
new Section 1800.440 entitled Economic Disassociation. The new section
will empower the Illinois Gaming Board to enter an order upon a licensee
to require the economic disassociation of a person with significant
influence or control, based upon findings from an investigation into the
character, reputation, experience, associations, business probity and
financial integrity of such person.
B)
Statutory Authority: Section 78 (a) (3) and (b) of the Video Gaming Act
[230 ILCS 40/78 (a) (3) and (b) (West 2010)].
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.
F)
Agency contact person for information:
William Bogot
Acting General Counsel
Illinois Gaming Board
160 North LaSalle, Suite S-300
Chicago, Illinois 60601-3274
312/814-4700
G)
d)
Related rulemaking and other pertinent information: None.
Part (Heading and Code Citation): Riverboat Gambling Act, 86 Ill. Adm. Code 3000
ILLINOIS REGISTER
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ILLINOIS GAMING BOARD
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: The purpose of the proposed rulemaking will be to amend
Section 3000.284 to allow the holder of an owners license to dispose of
roulette wheels, tables with layouts, and layouts for Live Gaming Devices
without prior approval from the Administrator, provided the Board is
given written notice of the method and date of disposal no more than 3
days after the disposal. This provision will allow owners licensees to
more easily dispose of stained table layouts and chipped or broken roulette
wheels without having to wait for formal approval from the Administrator.
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 2010)].
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.
F)
Agency contact person for information:
William Bogot
Acting General Counsel
Illinois Gaming Board
160 North LaSalle, Suite S-300
Chicago, Illinois 60601-3274
312/814-4700
G)
e)
Related rulemaking and other pertinent information: None.
Part (Heading and Code Citation): Riverboat Gambling Act, 86 Ill. Adm. Code 3000
1)
Rulemaking:
A)
Description: The purpose of the proposed rulemaking will be to amend
subparagraph 1) of paragraph a) of Section 3000.625, Chip Specifications,
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ILLINOIS GAMING BOARD
JULY 2011 REGULATORY AGENDA
by requiring that each chip issued by the holder of an owners license have
permanently impressed, engraved, or imprinted upon it the location of the
Riverboat Gaming Operation. This change will make the regulatory
requirements for chips consistent with those for tokens. Tokens issued by,
or utilized in, Riverboat Gaming Operations must clearly identify their
location under subparagraph 1) of paragraph b) of Section 3000.635,
Issuance and Use of Tokens and Vouchers for Gaming.
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 2010)].
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.
F)
Agency contact person for information:
William Bogot
Acting General Counsel
Illinois Gaming Board
160 North LaSalle, Suite S-300
Chicago, Illinois 60601-3274
312/814-4700
G)
Related rulemaking and other pertinent information: None.
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
a)
Part:
Support Responsibility of Relatives (89 Ill. Adm. Code 103)
1)
Rulemaking:
A)
Description: Public Act 96-1513, Illinois Religious Freedom Protection
and Civil Union Act, provides the same responsibilities, obligations,
protections and benefits as those afforded to spouses. Proposed
amendments are anticipated to address persons related by civil union and
their financial responsibility to one another.
B)
Statutory Authority: Authorized by 750 ILCS 75/1.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
b)
Part:
Related rulemakings and other pertinent information: None
Practice in Administrative Hearings (89 Ill. Adm. Code 104)
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to implement P.A. 961501 and allow the Department to recover State and federal monies for
which it has improperly and erroneously paid benefits as a result of a
fraudulent action and apply civil penalties for those who abuse the system.
Prior to the recovery of any amount paid for benefits allegedly obtained by
fraudulent means, the Department shall afford reasonable notice and an
opportunity for hearing.
B)
Statutory Authority: Authorized by 305 ILCS 5/8-2.5(c).
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
Related rulemakings and other pertinent information: None
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
c)
Part:
Pharmaceutical Assistance Program (89 Ill. Adm. Code 119)
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to change the
copayments and cost-sharing for Illinois Cares Rx (ICRx). In addition, the
Department proposes to eliminate the ICRx rebate program and reduce the
income limit for ICRx to 200% of the Federal Poverty Level (FPL) in
accordance with statutory changes made to the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act
during the spring 2011 legislative session.
B)
Statutory Authority: Authorized by 320 ILCS 25/4 of the Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical Assistance
Act.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
G)
d)
Related rulemakings and other pertinent information: None
Part:
Medical Assistance Programs (89 Ill. Adm. Code 120)
1)
Rulemaking:
A)
B)
Description: Proposed amendments are anticipated to the Home and
Community Based Services Waiver for Medically Fragile, Technology
Dependent Children under the age of 21, to determine individual
medical/support service needs necessary to maintain the child in the home.
These changes will reflect modifications made in the renewal of the
waiver with the federal government.
Statutory Authority: Authorized by Section 5-5, 305 ILCS 5/5-5 of the
Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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(217)782-1233
G)
2)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Implements P.A. 96-1501 and allows the Department to
restrict recipients who abuse the Medical Assistance Program.
B)
Statutory Authority: Authorized by 305 ILCS 5/11-26
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
e)
Part:
Related rulemakings and other pertinent information: None
Covering All Kids Health Insurance Program (89 Ill. Adm. Code 123)
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to establish an income
limit of 300% of the Federal Poverty Level (FPL) for the All Kids
Premium program and to sunset coverage for enrolled children in families
with countable monthly income over 300% of the FPL, effective July 1,
2012.
B)
Statutory Authority: Implemented and authorized by 215 ILCS 170.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
2)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to remove references
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
to a three month ineligibility period after a case is terminated due to
nonpayment of premiums.
B)
Statutory Authority: Implemented and authorized by 215 ILCS 106.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
3)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to provide children
covered under the Covering All Kids Health Insurance Act the same two
month premium payment grace period as is provided to children covered
under Children's Health Insurance Program (CHIP) as specified in the
Title XXI State Plan and to adults as specified in the Title XIX State Plan.
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Implemented and authorized by 215 ILCS 170/20(f)
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
f)
Related rulemakings and other pertinent information: None
Part:
Children's Health Insurance Program (89 Ill. Adm. Code 125)
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to make modifications
to the rule governing the former KidCare Program since it has been
renamed All Kids. The amendments will remove references to the
FamilyCare Share and Premium programs as they are now authorized
under Part 120 (Medical Assistance Programs).
B)
Statutory Authority: Implemented and authorized by 215 ILCS 106.
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C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
2)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to remove references
to a three month ineligibility period after a case is terminated due to
nonpayment of premiums; to update program terms; and to modify
premium due date language to be consistent with Part 120 (Medical
Assistance Programs) and Part 123 (Covering All Kids Health Insurance
Program).
B)
Statutory Authority: Implemented and authorized by 215 ILCS 106.
C)
Scheduled meeting/hearing dates: The Department has not established a
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
3)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to remove reference to
FamilyCare Share and Premium programs.
B)
Statutory Authority: Implemented and authorized by 215 ILCS 120.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
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E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
4)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to clarify that
FamilyCare Rebate is authorized only on condition that the children in the
family are on the same privately sponsored health insurance as the adults.
B)
Statutory Authority: Implemented and authorized by 215 ILCS 106.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
5)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to modify cost sharing
requirements under the Children's Health Insurance Program.
B)
Statutory Authority: Implemented and authorized by 215 ILCS 106/30.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when the Notice of Proposed Rulemaking will be submitted for
publication in the Illinois Register.
E)
Effect on small businesses, small municipalities, and not-for-profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
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General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
g)
Related rulemakings and other pertinent information: None
Part:
Medical Payment (89 Ill. Adm. Code 140)
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to revise the preadmission screening and resident review requirements for nursing homes.
B)
Statutory Authority: Authorized by Section 5-5, 305 ILCS 5/5-5 of the
Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
Springfield, Illinois 62763-0002
(217)782-1233
G)
2)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to modify the
Department's dental coverage to be consistent with evidence based
guidelines and industry standards.
B)
Statutory Authority: Authorized by Section 5-15, 305 ILCS 5/5-15 of the
Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
Related rulemakings and other pertinent information: None
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3)
Rulemaking:
A)
Description: Proposed amendments are anticipated to modify cost sharing
requirements under the Medical Assistance programs.
B)
Statutory Authority: Authorized by 305 ILCS 5/5-4.1 and 305 ILCS 5/5-2
of the Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
4)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to remove outdated
references to Healthy Moms/Healthy Kids Program and replace it with
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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language reflecting the Department's current policy relating to medical
homes.
B)
Statutory Authority: Authorized by Section 5-11, 305 ILCS 5/5-11 of the
Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
5)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to apply the group
psychotherapy limitations implemented for physicians to clinics.
B)
Statutory Authority: Authorized by 305 ILCS 5/5 of the Public Aid Code.
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C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
6)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to allow independent
diagnostic treatment facilities (IDTFs) to enroll with the Department.
B)
Statutory Authority: Authorized by 305 ILCS 5/5 of the Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
7)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to allow ambulance
providers of non-emergency medical transportation to appeal any decision
by the Department, or its agent, for which no denial was received prior to
the time of transport.
B)
Statutory Authority: Authorized by HB 3635 that awaits the Governor's
signature.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
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E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
8)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: The Department proposes to change the standard pricing
benchmark for the maximum allowable price for legend prescription drugs
and over-the-counter products from Average Wholesale Price (AWP) to
Wholesale Acquisition Cost (WAC). Effective October 2011, AWP will
no longer be produced by national drug pricing publishers as a result of a
federal court decry issued in March 2009. Therefore, the Department
must replace AWP as a drug pricing benchmark.
B)
Statutory Authority: Authorized by Section 5-5.12, 305 ILCS 5/5-5.12 of
the Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
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E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
9)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to extend the hospital
assessment by one year through State fiscal year 2014; initiate a nursing
home occupied bed tax; and clarify that delay of payment requests must be
received prior to the assessment due dates for all provider funds.
B)
Statutory Authority: Implemented and authorized by 305 ILCS 5/5A, 305
ILCS 5/5C and 305 ILCS 5/5E of the Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
10)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Implements P.A. 96-1501 and proposed amendments are
anticipated to allow the Department to recover State and federal monies
for which it has improperly and erroneously paid benefits as a result of a
fraudulent action and apply civil penalties for those who abuse the system.
Prior to the recovery of any amount paid for benefits allegedly obtained by
fraudulent means, the Department shall afford reasonable notice and an
opportunity for hearing.
B)
Statutory Authority: Authorized by 305 ILCS 5/8A-2.5(c).
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
ILLINOIS REGISTER
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corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
h)
Related rulemakings and other pertinent information: None
Part: Reimbursement for Nursing Costs for Geriatric Facilities (89 Ill.
Adm. Code 147)
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to revise the Minimum
Data Set (MDS) 2.0 based reimbursement methodology.
B)
Statutory Authority: Implemented and authorized by Articles III, IV, V,
VI and Section 12-13, 305 ILCS 5/12-13 of the Illinois Public Aid Code.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
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comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
i)
Related rulemakings and other pertinent information: None
Part:
Hospital Services (89 Ill. Adm. Code 148)
1)
Rulemaking:
A)
Description: Proposed amendments are anticipated to implement coverage
of medical services provided in birth centers.
B)
Statutory Authority: Implemented and authorized by P.A. 095-0445.
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
j)
Related rulemakings and other pertinent information: None
Part:
Child Support Enforcement (89 Ill. Adm. Code 160)
1)
Rulemaking:
A)
Description: Public Act 96-1072, amends the Department's rules to
provide that a monetary child support or maintenance order shall not be
suspended or stayed due to a post judgment motion.
B)
Statutory Authority: Implemented and authorized by the Illinois Code of
Civil Procedure [735 ILCS 5/2-1203] and Illinois Marriage and
Dissolution of Marriage Act [750 ILCS 5/413].
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
ILLINOIS REGISTER
12470
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
2)
G)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: Proposed amendments are anticipated to adhere to federal
regulatory changes that amend rules to define, "intergovernmental" and
"interstate" and the difference between the two. Also the amendments will
define the responsibilities of an "initiating" state and a "responding" state
as well as responsibilities of the Central Registry (the centralized unit that
handles interstate and intergovernmental child support IV-D cases for
Illinois).
B)
Statutory Authority: Implemented and authorized by the I Code of
Federal Regulations Title 45, Public Welfare [Part 303.7].
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
ILLINOIS REGISTER
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
JULY 2011 REGULATORY AGENDA
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
3)
Related rulemakings and other pertinent information: None
Rulemaking:
A)
Description: The Department proposes amendments due to a requirement
to review child support orders that have been in IV-D cases every 36
months to determine if the support amount is still appropriate, medical
support has been addressed and whether or not the review would be in the
best interests of the child. Prior to the 36-month expiration, the
Department, in any case where an administrative order for support has
been entered, shall review the order if either the custodial parent or the
non-custodial parent files a sworn petition requesting the review and
modification because the quantitative standard has been met, there has
been a substantial change in circumstances since the entry of the order or
both and the Department has not determined that a review would be in the
best interests of the child. The quantitative standard for review is
determined by the Department's hearing section or the parties have
demonstrated the occurrence of a substantial change in circumstances
since the entry of the last administrative order. All steps would be
accompanied by a notice to both parties of the order, to allow modification
of an arrearage only order.
B)
Statutory Authority: Implemented and authorized by the Illinois Public
Aid Code [305 ILCS 5/10-17.3], Illinois Marriage and Dissolution of
Marriage Act [750 ILCS 5/510] and Administrative Review Law [735
ILCS 5/Art III].
C)
Scheduled meeting/hearing dates: The Department has not established a
schedule of dates for hearings, meetings or other opportunities for public
participation in this rulemaking.
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D)
Date agency anticipates First Notice: The Department has not determined
when Notices of Proposed Rulemaking will be submitted for publication
in the Illinois Register.
E)
Effect on small businesses, small municipalities or not for profit
corporations: The Department is unaware of any effect this rulemaking
may have on small businesses, small municipalities or not-for-profit
corporations. The Department will accept and consider any written
comments concerning such effects that may be submitted in response to
this regulatory agenda.
F)
Agency contact person for information:
Jeanette Badrov
General Counsel
Illinois Department of Healthcare and Family Services
201 South Grand Avenue East, Third Floor
Springfield, Illinois 62763-0002
(217)782-1233
G)
Related rulemakings and other pertinent information: None
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a)
Part(s) (Heading and Code Citation): Foreclosure Prevention Program 47 Ill. Adm. Code
385
1)
Rule Making:
A)
Description: Adopt the rule.
B)
Statutory Authority: Section 7.19 of the Illinois Housing Development
Act [20 ILCS 3805/7.19] and Section 7.30.(a) of the Illinois Housing
Development Act [20 ILCS 3805/7.30.(a)].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: August, 2011
E)
Affect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Amanda Carone
Illinois Housing Development Authority
401 N. Michigan Ave., Ste. 700
Chicago, IL 60611
312/836-5214
G)
b)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Single Family Mortgage Purchase Program 47 Ill
Adm. Code 220
1)
Rulemaking:
A)
Description: Repeal the rule.
B)
Statutory Authority: Mortgage Subsidy Bond Tax Act of 1980 (26 U.S.C.
103A) and authorized by Sections 7.19 and 7.23 of the Illinois Housing
Development Act [20 ILCS 3805/7.19 and 7.23].
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C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: August, 2011
E)
Affect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Amanda Carone
Illinois Housing Development Authority
401 N. Michigan Ave., Ste. 700
Chicago, IL 60611
312/836-5214
G)
c)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Single Family Mortgage Purchase Program II 47
Ill. Adm. Code 250
1)
Rule Making:
A)
Description: Repeal the rule.
B)
Statutory Authority: Sections 7.19 and 7.23 of the Illinois Housing
Development Act (Ill. Rev. Stat. 1981, ch. 67-1/2, pars. 307.19 and
307.23) [20 ILCS 3805/7.19 and 723].
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: August, 2011
E)
Affect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
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Amanda Carone
Illinois Housing Development Authority
401 N. Michigan Ave., Ste. 700
Chicago, IL 60611
312/836-5214
G)
d)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Access to Public Records of the Illinois Housing
Development Authority 2 Ill. Adm. Code 1976
1)
Rule Making:
A)
Description: Amend various sections to conform with updated law.
B)
Statutory Authority: Section 3 of the Illinois Freedom of Information Act
[5 ILCS 140/3]
C)
Scheduled meeting/hearing dates: None
D)
Date agency anticipates First Notice: October, 2011
E)
Affect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Amanda Carone
Illinois Housing Development Authority
401 N. Michigan Ave., Ste. 700
Chicago, IL 60611
312/836-5214
G)
Related rulemakings and other pertinent information: None
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a)
Part(s) (Heading and Code Citation): Procedures of the Department of Human Rights (56
Ill. Adm. Code 2520).
1)
Rulemaking:
A)
Description: The proposed amendments would clarify, reorganize and
make technical corrections to the Department’s affirmative action rules for
State agencies. Further, the rules would update the Department’s
regulations on dismissals to state that for charges filed on or about
February 2, 2010, Complainants have 90 days to file a Request for Review
with the Human Rights Commission. Additionally, the amendments
would clarify that for charges pursuant to Article III of the Act, the
Department will issue a notice to show good cause prior to issuing a notice
of default.
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: October 1, 2011.
E)
Effect on small business, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
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)
G)
Related rulemaking and other pertinent information: None
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b)
Part(s) (Heading and Code Citation): Housing Discrimination (71 Ill. Adm. Code 2300).
1)
Rulemaking:
A)
Description: The proposed amendment would remove the definition to
“Aid, abet, compel or coerce” because the term is not used in the body of
the Department’s housing regulations.
B)
Statutory Authority: Implementing Articles 3, 6 and 7B of the Illinois
Human Rights Act [775 ILCS 5/Arts. 3, 6 and 7B], and authorized by
Section 7-101(A) of the Illinois Human Rights Act [775 ILCS 5/7101(A)].
C)
Scheduled meeting/hearing dates: No meetings or hearings are scheduled
or anticipated at this time.
D)
Date agency anticipates First Notice: October 1, 2011.
E)
Effect on small business, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
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 (312) 263-1579 (TTY)
G)
Related rulemaking and other pertinent information: None
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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.
B)
Statutory Authority: Implementing and authorized by Section 504 of the
Rehabilitation Act [29 U.S.C. §794]; Americans with Disabilities Act [42
U.S.C. §12101].
C)
Scheduled 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: July, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
b)
Related rulemakings and other pertinent information: None
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 51
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1)
Rulemaking:
A)
Description: This rulemaking will revise the definitions for physical and
sexual abuse and add a new definition for mental abuse. The due date for
the annual report will be changed to coincide with the annual report due
date for investigations under 59 Ill. Adm. Code 50.
B)
Statutory Authority: Implementing and authorized by the Abuse of Adults
with Disabilities Intervention Act [20 ILCS 2435].
C)
Scheduled 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: September, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
c)
Related rulemakings and other pertinent information: None
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 be necessary to define procedures
related to the regulation and monitoring of CILA providers, to post certain
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information relative to CILA providers on the internet (complaints,
licensure findings, etc.), and to ensure consumers and their guardians are
provided with this information at the time of referral for services.
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].
C)
Scheduled 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].
D)
Date agency anticipates First Notice: September, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations 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)
d)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Individual Care Grants for Mentally Ill Children,
59 Ill. Adm. Code 135
1)
Rulemaking:
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A)
Description: This rulemaking will clarify provisions governing certain
services provided to mentally ill children.
B)
Statutory Authority: Implementing Section 7.1 of the Mental Health and
Developmental Disabilities Administrative Act [20 ILCS 1705/7.1] 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].
C)
Scheduled 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: December, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations 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)
e)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): New Rule in Title 59 for the Re-entry Services
Program under the Division of Mental Health
1)
Rulemaking:
A)
Description: This rulemaking will establish a Re-entry Services Program
to assist persons who have been wrongfully imprisoned with mental health
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services, including services for post-traumatic stress, at an agreed-upon
mental health facility at no charge.
f)
B)
Statutory Authority: P. A. 96-1550.
C)
Scheduled 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: October, 2011
E)
Effect on small business, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
Part(s) (Heading and Code Citation): New Rule in Title 59 for the Residential Services
under the Division of Mental Health
1)
Rulemaking:
A)
Description: This rulemaking will establish life safety, staffing, and
service standards for the Division of Mental Health’s funded community
residential support providers. It will describe the application, the review
and the three-year certification processes.
B)
Statutory Authority: Implementing Section 7.1 of the Mental Health and
Developmental Disabilities Administrative Act [20 ILCS 1705/7.1] and
authorized by Section 5-104 of the Mental Health and Developmental
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DEPARTMENT OF HUMAN SERVICES
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Disabilities Code [405 ILCS 5/5-104] and Section 5 of the Mental Health
and Developmental Disabilities Administrative Act [20 ILCS 1705/5].
C)
Scheduled 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: October, 2011
E)
Effect on small business, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations 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)
g)
Related rulemakings and other pertinent information: None
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)
Scheduled Meeting/Hearing Date: The public will have an opportunity to
comment on these rules during the First Notice Period. Hearings will be
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held if necessary as required by the Illinois Administrative Procedures Act
[5 ILCS 100].
D)
Date agency anticipates First Notice: October, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations that provide addiction intervention and treatment
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)
h)
Related rulemakings and other pertinent information: 77 Ill. Adm. Code
2060 will be amended to include the remaining Parts of this rule.
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.
B)
Statutory Authority: Implementing and authorized by Section 10.7 of the
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].
C)
Scheduled Meeting/Hearing Date: The public will have an opportunity to
comment on these rules during the First Notice Period. Hearings will be
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held if necessary as required by the Illinois Administrative Procedures Act
[5 ILCS 100].
i)
D)
Date agency anticipates First Notice: October, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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: 77 Ill. Adm. Code
2060 will be amended to incorporate this rule.
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. 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].
C)
Scheduled 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].
D)
Date agency anticipates First Notice: October, 2011
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E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations that provide addiction intervention and treatment
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)
j)
Related rulemakings and other pertinent information: 77 Ill. Adm. Code
2030, 2059 and 2090 will be moved into this rulemaking.
Part(s) (Heading and Code Citation): Alcoholism & Substance Abuse Treatment &
Intervention Licenses, 77 Ill. Adm. Code 2060
1)
Rulemaking:
A)
Description: This rulemaking is necessary to ensure compliance with
State and Federal Controlled Substance Acts.
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].
C)
Scheduled 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: August 1, 2011
E)
Effect on small business, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not
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for profit corporations that provide addiction intervention and treatment
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)
k)
Related rulemakings and other pertinent information: 77 Ill. Adm. Code
2080 will also be revised due to changes with the Controlled Substance
Act, HB 2917.
Part(s) (Heading and Code Citation): Electronic Prescription Program, 77 Ill. Adm.
Code 2080
1)
Rulemaking:
A)
Description: This rulemaking is necessary to ensure compliance with
State and Federal Controlled Substance Acts.
B)
Statutory Authority: Implementing and authorized by Sections 316, 317,
318, 319, 320 and 321 of Article III of the Illinois Controlled Substances
Act [720 ILCS 570/316, 317, 318, 319, 320 and 321].
C)
Scheduled 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: December, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect the reporting requirements
of small business pharmacies.
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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)
l)
Related rulemakings and other pertinent information: None
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 301/510].
C)
Scheduled 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].
D)
Date agency anticipates First Notice: October, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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Springfield, Illinois 62762
217/785-9772
G)
m)
Related rulemakings and other pertinent information: 77 Ill. Adm. Code
2060 will be amended to incorporate this rule.
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 services.
B)
Statutory Authority: Authorized by Section the Mental Health and
Developmental Disabilities Code [405 ILCS 5].
C)
Scheduled 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: September, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses and not for
profit corporations 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
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n)
Part(s) (Heading and Code Citation): General Administrative Provisions, 89 Ill. Adm.
Code 10
1)
Rulemaking:
A)
Description: This rulemaking will delete the financial assistance
component of the General Assistance Program. This rulemaking will also
delete references to the approval of cash assistance and address only the
medical component of the revised General Assistance Program. These
changes are contingent upon the Governor signing HB 3717.
B)
Statutory Authority: House Bill 3717 which passed both houses of the
General Assembly on May 30, 2011, and is awaiting action by the
Governor.
C)
Scheduled 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: The date of the First Notice will be
contingent upon the Governor signing House Bill 3717.
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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:
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Revisions will also be made to 89 Ill. Adm. Code 114 to delete the
financial assistance component of the General Assistance Program.
o)
Part(s) (Heading and Code Citation): Child Care, 89 Ill. Adm. Code 50
1)
Rulemaking:
A)
B)
Description: This rulemaking will revise the guidelines for child care
assistance to reflect 185% of the current Federal Poverty Level, effective
July 1, 2011. This rulemaking will also establish that copayments will be
determined by family size, income and whether children in care are schoolage. An additional number of children receiving care will no longer cause
the copayment to increase.
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].
C)
Scheduled 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: July, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses that
provide child care 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:
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None
p)
Part(s) (Heading and Code Citation): Child Care, 89 Ill. Adm. Code 50
1)
Rulemaking:
A)
Description: This rulemaking will amend the Great START Program rules
to reflect current program provisions. This rulemaking will also add the
Gateways to Opportunity Credentials to the Great START wage
supplement scale as education options for participant eligibility.
B)
Statutory Authority: P.A. 93-0711.
C)
Scheduled 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: December, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses, not for
profit corporations and for profit corporations that provide child care
services. The Great START Program pays periodic wage supplements to
eligible practitioners in State-licensed family child care homes and Statelicensed child care centers.
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:
The goal of the Gateways to Opportunity Program is to support a diverse,
stable, and qualify workforce for settings serving children, youth and
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families by awarding Gateways to Opportunity letters, certificates and
diplomas to early care and education, school age, youth development, and
family support practitioners.
q)
Part(s) (Heading and Code Citation): Temporary Assistance for Needy Families, 89 Ill.
Adm. Code 112
1)
Rulemaking:
A)
Description: This rulemaking will revise the earned income deduction that
is used when determining eligibility for TANF for employed individuals.
This rulemaking will also change the earned income disregard from threefourths to two-thirds of the individual's gross earnings. These changes are
contingent upon the Governor signing HB 3717.
B)
Statutory Authority: House Bill 3717 which passed both houses of the
General Assembly on May 30, 2011, and is awaiting action by the
Governor.
C)
Scheduled 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: The date of the First Notice will be
contingent upon the Governor signing House Bill 3717.
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small
businesses, small municipalities 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
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G)
r)
Related rulemakings and other pertinent information:
There may be additional changes to the TANF Program that are a result of
the amount of funds appropriated for the program.
Part(s) (Heading and Code Citation): General Assistance, 89 Ill. Adm. Code 114
1)
Rulemaking:
A)
Description: This rulemaking will delete the cash component of the
General Assistance Program. The non-financial Sections on work
registration will also be repealed. Changes will also be made to the
Employment and Training requirements for General Assistance. These
changes are contingent upon the Governor signing HB 3717.
B)
Statutory Authority: House Bill 3717 which passed both houses of the
General Assembly on May 30, 2011, and is awaiting action by the
Governor.
C)
Scheduled 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: The date of the First Notice will be
contingent upon the Governor signing House Bill 3717.
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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G)
s)
Related rulemakings and other pertinent information:
None
Part(s) (Heading and Code Citation): Related Program Provisions, 89 Ill. Adm. Code
117
1)
Rulemaking:
A)
Description: Contingent upon the Governor signing HB 3717, this
rulemaking will delete the provisions for the payment of funeral and burial
services for deceased individuals. The Department will be unable to pay
for funeral and burial services for recipients of any of its financial
assistance programs such as Aid to the Aged, Blind or Disabled, General
Assistance or TANF.
B)
Statutory Authority: House Bill 3717 which passed both houses of the
General Assembly on May 30, 2011, and is awaiting action by the
Governor.
C)
Scheduled 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: The date of the First Notice will be
contingent upon the Governor signing House Bill 3717.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses that
provide funeral and burial 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
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217/785-9772
G)
t)
Related rulemakings and other pertinent information:
None
Part(s) (Heading and Code Citation): Related Program Provisions, 89 Ill. Adm. Code 117
1)
Rulemaking:
A)
Description: As a result of the deletion of the cash assistance from the
General Assistance Program, this rulemaking will make changes to related
program provisions. It will also make changes to the General Assistance
rules regarding the replacement of missing warrants, the recovery of
Interim Assistance and the substitute parental care and supplemental child
care provisions. These changes are contingent upon the Governor signing
HB 3717.
B)
Statutory Authority: House Bill 3717 which passed both houses of the
General Assembly on May 30, 3011, and is awaiting action by the
Governor.
C)
Scheduled 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: The date of the First Notice will be
contingent upon the Governor signing House Bill 3717.
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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217/785-9772
G)
u)
Related rulemakings and other pertinent information:
Revisions to the General Assistance Program, 89 Ill. Adm. Code 114.
Part(s) (Heading and Code Citation): Supplemental Nutrition Assistance Program
(SNAP), 89 Ill. Adm. Code 121
1)
Rulemaking:
A)
Description: This rulemaking will revise the Net Monthly Income
Standards and the Gross Monthly Income Eligibility Standards for SNAP.
The rulemaking will also increase the maximum SNAP benefit amounts
and the maximum income eligibility standards for SNAP as allowed by
federal law.
B)
Statutory Authority: 7 CFR 273.9.
C)
Scheduled 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: October, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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G)
v)
Related rulemakings and other pertinent information:
None
Part(s) (Heading and Code Citation): Projects with Industry, 89 Ill. Adm. Code 640
1)
Rulemaking:
A)
Description: This rulemaking will repeal this Part as it is outdated and is
no longer part of the Vocational Rehabilitation Program.
B)
Statutory Authority: Implementing and authorized by Section 3(a), (b),
and (k) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3(a),
(b), and (k)].
C)
Scheduled 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: September, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
w)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Vending Facility Program for the Blind, 89 Ill.
Adm. Code 650
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1)
Rulemaking:
A)
Description: This rulemaking will update the regulations and incorporate
the requirements of the Blind Vendors Act (P. A. 96-0644), which include
but are not limited to the following changes: (1) adds new definitions, (2)
strengthens eligibility requirements, (3) adds language regarding the
assignment and awarding of facilities, (4) adds language regarding the
Blind Vendors Trust Fund, (5) adds language regarding vending machine
income, and (6) adds language regarding licensure and compliance.
B)
Statutory Authority: Implementing the Disabled Persons Rehabilitation
Act [20 ILCS 2405], authorized by Section 16 of the Civil Administrative
Code of Illinois [20 ILCS 5/16] and P. A. 96-0644.
C)
Scheduled 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: October, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: Yes, this rulemaking will affect small businesses that
provide Food Service, Vending Machine Facilities, and Retail Stands.
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)
x)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Program Description, 89 Ill. Adm. Code 676
1)
Rulemaking:
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A)
Description: This rule will be amended to reflect program changes in the
Home Services Program that are a result of budget issues. This
rulemaking will also provide current programmatic standards. This
includes updating definitions and program descriptions and ensuring the
rules reflect today’s current practices, statutory language or agency
language.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
y)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Customer Rights and Responsibilities, 89 Ill. Adm.
Code 677
1)
Rulemaking:
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DEPARTMENT OF HUMAN SERVICES
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A)
Description: This rule will be amended to reflect program changes in the
Home Services Program that are a result of budget issues. This
rulemaking will also provide current programmatic standards. This
includes removing outdated language, adding language that is current with
statute or the agency’s practices, language that strengthens the customer's
responsibilities concerning evaluations and the use of services that will
increase their independence, and addressing the issue of duplicate waiver
services.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
z)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Determination of Need (DON) and Resulting
Service Cost Maximums (SCMs), 89 Ill. Adm. Code 679
1)
Rulemaking:
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DEPARTMENT OF HUMAN SERVICES
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A)
Description: This rule will be amended to reflect program changes in the
Home Services Program that are a result of budget issues. This
rulemaking will also provide current programmatic standards. This
includes changes that will remove outdated Service Cost Maximum
(SCM) rates and adding language that indicates such rates will now be
posted on the Department’s website to ensure more up to date information;
adds language regarding temporary increases in the SCM; and removes
outdated language regarding Exceptional Care Rates.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
aa)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Prescreening, 89 Ill. Adm. Code 681
1)
Rulemaking:
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DEPARTMENT OF HUMAN SERVICES
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A)
Description: This rule will be amended to reflect program changes in the
Home Services Program and current programmatic standards. This Part
pertains to prescreenings and while most of the changes will reflect
changes to outdated information, there may be a need to update
information if changes to the prescreening process are necessary due to
new program initiatives.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
bb)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Eligibility, 89 Ill. Adm. Code 682
1)
Rulemaking:
A)
Description: This rule will be amended to reflect program changes in the
Home Services Program that are a result of budget issues. This
rulemaking will also provide current programmatic standards. This
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DEPARTMENT OF HUMAN SERVICES
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includes changes that strengthen eligibility criteria, especially criteria for
individuals applying for Traumatic Brain Injury services; removes a
spousal impoverishment provision because it is not applicable per HFS
regulations; revise exception language to include grandfathering
provisions that are a result of budget changes; and remove SCM language
because it is now addressed in Part 679.
cc)
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
Part(s) (Heading and Code Citation): Eligibility, 89 Ill. Adm. Code 684
1)
Rulemaking:
A)
Description: This rule will be amended to reflect program changes in the
Home Services Program that are a result of budget issues. This
rulemaking will also provide current programmatic standards. This
includes changes that add language pertaining to service cost maximums
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DEPARTMENT OF HUMAN SERVICES
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for 5 instrumental activities of daily living; strengths language concerning
the delivery of services and where they can be provided; revises language
concerning the provision of interim services; adds language that addresses
dual waiver services; and strengthens language concerning the denial or
termination of services.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
dd)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Provider Requirements, Type Services, and Rates
of Payment, 89 Ill. Adm. Code 686
1)
Rulemaking:
A)
Description: This rule will be amended to reflect current programmatic
standards in the Home Services Program. The rules will be reviewed to
ensure they are current with the way the program is currently operating
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DEPARTMENT OF HUMAN SERVICES
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and the terminology/acronyms are consistent with the Department’s
current language.
ee)
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
Part(s) (Heading and Code Citation): Illinois Long-Term Care Partnership Program, 89
Ill. Adm. Code 688
1)
Rulemaking:
A)
Description: This rule will be reviewed and amended because the
Partnership for Long-Term Care Act [320 ILCS 35] was repealed and
replaced by P.A. 95-200, the Illinois Long-Term Care Partnership
Program Act.
B)
Statutory Authority: Implementing Section 3 of the Disabled Persons
Rehabilitation Act [20 ILCS 2405/3].
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C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
ff)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Role of Residential Educational Facilities Operated
by DHS, 89 Ill. Adm. Code 750
1)
Rulemaking:
A)
Description: This rule will be amended so that it is consistent with the
School Code and Individuals with Disabilities Education Act (IDEA).
This rulemaking may also reflect changes that are a result of budget
issues. This includes: outlining a list of requirements the schools must
develop policies and procedures for; adding mandated review information
in the rules and revising surrogate parent language.
B)
Statutory Authority: Implementing and authorized by Sections 10 and 11
of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10 and 11].
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C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
gg)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Definition of Terms, 89 Ill. Adm. Code 751
1)
Rulemaking:
A)
Description: This rulemaking will incorporate ISBE's changes to the
School Code and IDEA and will update definitions accordingly.
B)
Statutory Authority: Implementing Sections 3 and 10 and authorized by
Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3 and
10].
C)
Scheduled 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: August, 2011
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E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
hh)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Admission, Suspension, Expulsion and Discharge
Procedures, 89 Ill. Adm. Code 755
1)
Rulemaking:
A)
Description: This rulemaking will incorporate ISBE's changes to the
School Code and IDEA including updating program language concerning:
(1) the Individualized Education Plan; and (2) information concerning the
transition of older students with severe physical disabilities who have
completed their academic requirements but require further independent
living and daily living skills.
B)
Statutory Authority: Implementing Sections 3, 10, 11 and 13 and
authorized by Section 3 of the Disabled Persons Rehabilitation Act [20
ILCS 2405/3, 10, 11 and 13].
C)
Scheduled 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: August, 2011
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E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
ii)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): The Establishment and Administration of Special
Education, 89 Ill. Adm. Code 765
1)
Rulemaking:
A)
Description: This rulemaking will incorporate ISBE’s changes to the
School Code and IDEA, including that the 22nd birthday is the new age
limit for the program. It also updates program language and removes
outdated language
B)
Statutory Authority: Implementing Sections 3, 10, 11 and 13 and
authorized by Section 3 of the Disabled Persons Rehabilitation Act [20
ILCS 2405/3, 10, 11 and 13].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities or not for profit corporations.
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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)
jj)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Identification, Evaluation and Placement of
Exceptional, 89 Ill. Adm. Code 795
1)
Rulemaking:
A)
Description: This rulemaking will remove outdated language pertaining to
the DHS State Schools and incorporate updated program language.
B)
Statutory Authority: Implementing Sections 3, 10, 11 and 13 and
authorized by Section 3 of the Disabled Persons Rehabilitation Act [20
ILCS 2405/3, 10, 11 and 13].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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100 South Grand Avenue, East
Springfield, Illinois 62762
217/785-9772
G)
kk)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Special Transportation, 89 Ill. Adm. Code 815
1)
Rulemaking:
A)
Description: This rulemaking will revise outdated language related to
DHS State Schools.
B)
Statutory Authority: Implementing Sections 3 and 10 and authorized by
Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3 and
10].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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ll)
Part(s) (Heading and Code Citation): Rules of Conduct, 89 Ill. Adm. Code 827
1)
Rulemaking:
A)
Description: This rulemaking will remove outdated language especially as
it relates to special assignment of duties for students and restriction to
classroom/dormitory. It also adds language concerning expulsions and
revises language concerning terminations. Finally, it repeals Appendix A
“Consequences/Definitions for Disciplinary Action” as this will instead be
outlined in Student Handbook.
B)
Statutory Authority: Implementing Sections 10 and 11 and authorized by
Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10,
11 and 3(f)].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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mm)
Part(s) (Heading and Code Citation): Impartial Due Process Hearing, 89 Ill. Adm. Code
828
1)
Rulemaking:
A)
Description: This rulemaking will revise outdated language that pertains to
the DHS State Schools.
B)
Statutory Authority: Implementing Sections 10 and 11 and authorized by
Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10,
11 and 3(f)].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
nn)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Sex Equity, 89 Ill. Adm. Code 829
1)
Rulemaking:
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A)
Description: This rulemaking will revise outdated language and remove
language pertaining to supervision of female students, in the DHS State
Schools, because of grievance settlement.
B)
Statutory Authority: Implementing Sections 10 and 11 and authorized by
Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10,
11 and 3(f)].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
oo)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Non-Academic Programs and Policies, 89 Ill. Adm.
Code 830
1)
Rulemaking:
A)
Description: This rulemaking pertains to the DHS State Schools and will
update outdated language; add language regarding overnight visits with
staff, parents not picking students up at drop off site, and mandated child
abuse and neglect reporters.
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DEPARTMENT OF HUMAN SERVICES
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B)
Statutory Authority: Implementing Sections 10 and 11 and authorized by
Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10,
11 and 3(f)].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
pp)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Therkelsen/Hansen College Loan Fund, 89 Ill.
Adm. Code 835
1)
Rulemaking:
A)
Description: This rulemaking will update outdated language and may
need to be revised to reflect any changes concerning the location of the
Fund and use of interest earned as a result of SB 1802 being signed into
law.
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B)
Statutory Authority: Implementing Sections 3, 5 and 13 and authorized by
Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3, 5
and 13].
C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
qq)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Centers for Independent Living, 89 Ill. Adm. Code
886
1)
Rulemaking:
A)
Description: These rules will be revised to replace outdated language and
practices.
B)
Statutory Authority: Implementing and authorized by Section 12a of the
Disabled Persons Rehabilitation Act [20 ILCS 2405/12a], and 29 U.S.C.
711 and 796.
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DEPARTMENT OF HUMAN SERVICES
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C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
rr)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Telecommunication Devices for the Hearing
Impaired, 89 Ill. Adm. Code 890
1)
Rulemaking:
A)
Description: The Division will seek to repeal these rules, as well as the
corresponding statute (Telecommunications Devices for the Deaf Act [410
ILCS 55]). This Act and these rules were implemented before the
Americans with Disabilities Act, which was enacted in 1990. The ADA
sets the standards for accessibility guidelines and this Act and these rules
are no longer applicable.
B)
Statutory Authority: Implementing Sections 3, 3.1, and 4 and authorized
by Section 5 of Telecommunications Devices for the Deaf Act [410 ILCS
55/3, 3.1, 4, 5].
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C)
Scheduled 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: August, 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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)
ss)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Lekoteks, 89 Ill. Adm. Code 899
1)
Rulemaking:
A)
Description: These rules will be repealed because the Lekotek program is
no longer in existence after previous budget cuts.
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].
C)
Scheduled 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: August, 2011
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DEPARTMENT OF HUMAN SERVICES
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E)
Effect on small businesses, small municipalities or not for profit
corporations: This rulemaking will not have an effect on small businesses,
small municipalities 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
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OFFICE OF THE ATTORNEY GENERAL
JULY 2011 REGULATORY AGENDA
a)
Part (Heading and Code Citations): Married Families Domestic Violence Grants (89 Ill.
Adm. Code 1110)
1)
Rulemaking: Proposed amendment
A)
Description: The amendments will implement revisions to the State
Finance Act [30 ILCS 105/5.707, 6z-72] and the Counties Code [55 ILCS
5/4-4001, 4-12003] made by Public Act 97-004, effective May 31, 2011,
including changing the name of the fund and the source of monies
deposited into the fund. The amendments will also establish
administrative hearing procedures for the recovery of grant funds
disbursed from the Domestic Violence Fund.
B)
Statutory Authority: State Finance Act [30 ILCS 105/6z-72]
C)
Scheduled meeting/hearing dates: No meetings or hearings are scheduled
or anticipated at this time.
D)
Date agency anticipates First Notice: Fall 2011
E)
Effect on small businesses, small municipalities or not for profit
corporations: The amendments should not affect small businesses or small
municipalities. The amendments may affect not for profit corporations
which receive grant funds from the Domestic Violence Fund.
F)
Agency contact person for information:
Cynthia Hora, Chief
Crime Victims Services Division
Office of the Attorney General
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601
312/814-1427
G)
Related rulemakings and other pertinent information: None
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citations): Policy and Procedures Manual for Fire Protection
Personnel; 41 Ill. Adm. Code 141
1)
Rulemaking:
A)
Description: This part will be amended for clarification and consolidation.
Amendments include updating provisions regarding Advisory
Committees, certification reimbursements, appeal processes, reciprocity,
certification of approved training facilities, course approval, examination
process, by-pass certifications, certification invalidation, fees, age
requirements and the following certifications: Firefighter II and III, Basic
Operations Firefighter, Airport Firefighter, Advanced Technician
Firefighter, Fire Apparatus Engineer, Fire Officer I, II and III, Fire Service
Executive Support, Fire Department Incident Safety Officer, Fire
Department Health and Safety Officer, Fire Department Safety Officer,
Fire Service Instructor I, II, and III, Training Program Manager, Fire
Prevention Officer, Fire Inspector I, II and III, Juvenile Firesetter
Intervention Specialist, Public Fire and Life Safety Educator II and III,
Fire Investigator, Arson Investigator, Plan Examiner II, Hazardous
Material Awareness, Hazardous Materials Fire Responder-Operations,
Hazardous Materials Technician, Hazardous Materials IncidentCommand, Technical Rescue Awareness, Rescue Specialist-Confined
Space, Trench Operations, Trench Technician, Rescue Specialist-Vertical
II, Structural Collapse Operations, Structural Collapse Technician, Vehicle
and Machinery Operations, Vehicle and Machinery Technician, Roper
Operations, Motorsports Safety Technician, High Angle Rope Operations,
Fire Service Vehicle Operator, Rope Technician, Water Operations, Ice
Technician, Swiftwater Technician, Watercraft Technician, Dive
Technician, Ice Dive Technician,
B)
Statutory Authority: Implementing and authorized by Section 8 of the
Fire Protection Training Act [50 ILCS 740/8].
C)
Scheduled meeting/hearing dates: None Scheduled.
D)
Date agency anticipates First Notice: September, 2011.
E)
Affect on small businesses, small municipalities or not for profit
corporations: None Anticipated.
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
F)
Agency contact person for information:
Mitzi Woodson
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/785-1003
G)
b)
Related rulemakings and other pertinent information: See other proposed
modifications to 41 Ill. Adm. Code 141 submitted herein.
Part(s) (Heading and Code Citations): Pyrotechnic Distributor and Operator Licensing
Rules; 41 Ill. Adm. Code 230
1)
Rulemaking:
A)
Description: Update and revise Pyrotechnic Distributor and Operator
Licensing Rules pursuant to Office of State Fire Marshal policy and
practice. Amendments include updating Flame Effect Licensure and
Permit requirements to coincide with a Fire Prevention Policy issued by
the Agency, revising provisions concerning production company licenses
to allow for licenses of 1 and 3 year duration and changes to production
company license fees to allow for 3 year license.
B)
Statutory Authority: Implemented and authorized by Section 30 of
Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227/30].
C)
Scheduled meeting/hearing dates: None scheduled yet.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: None known.
F)
Agency contact person for information:
Misty Matykiewicz
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OFFICE OF THE STATE FIRE MARSHAL
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Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/558-0639
G)
c)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Pyrotechnic and Consumer Display Permitting
Rules; 41 Ill. Adm. Code 235
1)
Rulemaking:
A)
Description: Update and revise Pyrotechnic Distributor and Operator
Licensing Rules pursuant to Office of State Fire Marshal policy and
practice. Amendments include updating Flame Effect Licensure and
Permit requirements to coincide with a Fire Prevention Policy issued by
the Agency. The Agency also seeks to revise the licensure requirements
for consumer distributors and retailers to require licensees to sign an
affidavit acknowledging receipt and understanding of the applicable rules
and regulations. Amendments are also proposed to require applicants for
pyrotechnic Display Permits to show proof of no less than $1,000,000.00
in liability insurance issued by an insurer that is both authorized to do
business in the State of Illinois and registered with the Illinois Department
of Insurance.
B)
Statutory Authority: Implementing and authorized by Section 4.1 of the
Fireworks Use Act [425 ILCS 35/5].
C)
Scheduled meeting/hearing dates: None scheduled yet.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: None anticipated.
F)
Agency contact person for information:
Misty Matykiewicz
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Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/558-0639
G)
d)
Related rulemakings and other pertinent information: Proposed revisions
to 41 Ill. Adm. Code 230’s requirements for Flame Effect Licensure and
Permit requirements.
Part(s) (Heading and Code Citations): Boiler and Pressure Vessel Safety; 41 Ill. Adm.
Code 172, with conforming changes in Parts 175 and 176
1)
Rulemaking:
A)
Description: Update certification and licensure rules for petroleum
equipment contractors doing work on underground storage tanks.
B)
Statutory Authority: Petroleum Equipment Contractor Licensing Act,
225 ILCS 729/25, 35(a)(4), and 35(b)(7).
C)
Scheduled meeting/hearing dates: None scheduled yet.
D)
Date agency anticipates First Notice: Prior to December 2011.
E)
Affect on small businesses, small municipalities or not for profit
corporations: Unknown but expected to be minimal.
F)
Agency contact person for information:
Shelly Bradley
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/557-3131
G)
Related rulemakings and other pertinent information: N/A.
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OFFICE OF THE STATE FIRE MARSHAL
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e)
Part(s) (Heading and Code Citations): Boiler and Pressure Vessel Safety; 41 Ill. Adm.
Code 120
1)
Rulemaking: Amendments to Boiler and Pressure Vessel Safety regulations
A)
Description: To allow the OSFM Boiler Division 90 days from expiration
of the current boiler inspection certificate to conduct the boiler inspection
before such inspection would be deemed untimely.
B)
Statutory Authority: Boiler and Pressure Vessel Safety Act,
430 ILCS 75/2 & 2.1.
C)
Scheduled meeting/hearing dates: None scheduled yet.
D)
Date agency anticipates First Notice: Prior to December 2011.
E)
Affect on small businesses, small municipalities or not for profit
corporations: No significant impact anticipated.
F)
Agency contact person for information:
Bennie Bailey
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/785-1008
G)
f)
Related rulemakings and other pertinent information: N/A
Part(s) (Heading and Code Citations): Administrative Requirements for Underground
Storage Tanks and the Storage, Transportation, Sale and Use of Petroleum and Other
Regulated Substances; 41 Ill. Adm. Code 176
1)
Rulemaking:
A)
Description: Implement federal Operator Training requirements for all
underground storage tank facilities, who must train their facility operators
in underground storage tank technical, emergency response and related
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requirements by no later than August 8, 2012. Recordkeeping
requirements to ensure compliance are also part of the federal mandate
and will be included in the rulemaking, along with procedures for applying
to have an Operator Training course approved. Operator Training will be
provided by training providers or facility owners who have had their
Operator Training courses approved by OSFM. Refresher training will be
required once every two years and upon receipt of a Notice of Violation
citing technical requirements deemed critical by US EPA.
B)
Statutory Authority: Gasoline Storage Act, 430 ILCS 15/2 and 42 USC
82, Subchapter IX.
C)
Scheduled meeting/hearing dates: None scheduled yet.
D)
Date agency anticipates First Notice: Mid-July, 2011.
E)
Affect on small businesses, small municipalities or not for profit
corporations: Unknown, but anticipated to be moderate.
F)
Agency contact person for information:
Shelly Bradley
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62603
217/557-3131
G)
g)
Related rulemakings and other pertinent information: N/A.
Part(s) (Heading and Code Citations): Fire Sprinkler Contractor Licensing Rules; 41 Ill.
Adm. Code 109
1)
Rulemaking:
A)
Description: This rulemaking will require that only properly qualified and
licensed sprinkler contractors are allowed to conduct inspections and
testing of fire sprinkler systems and that fire sprinkler contractors must
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
submit copies of their sprinkler system inspection documentation to local
fire departments or fire protection districts.
B)
Statutory Authority: Implementing and authorized by Section 55 of the
Fire Sprinkler Contractor Licensing Act [225 ILCS 317/55].
C)
Scheduled meeting/hearing dates: The Agency has not yet scheduled
meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E
Effect on small businesses, small municipalities or not for profit
corporations: Any small business that installs or repairs fire sprinkler
systems.
F)
Agency contact person for information: Address written comments
concerning the substance of the rulemaking as follows:
Misty Matykiewicz
Division of Fire Prevention
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/558-0639
G)
h)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Race Track Rules for Fire Safety; 41 Ill. Adm.
Code 150
1
Rulemaking:
A)
Description: This rulemaking is to update or replace NFPA references.
B)
Statutory Authority: Implementing and authorized by Section 9 of the
Fire Investigation Act [425 ILCS 25/9].
C)
Scheduled meeting/hearing dates: The Agency has not yet scheduled
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OFFICE OF THE STATE FIRE MARSHAL
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meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: None.
F)
Agency contact person for information:
Misty Matykiewicz
Division of Fire Prevention
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/558-0639
G)
i)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline
and Volatile Oils: Rules and Regulations Relating to General Storage; 41 Ill. Adm. Code
160
1)
Rulemaking:
A)
Description: Part 160 rules primarily address the use of aboveground
storage tanks (ASTs) for flammable or combustible liquids used for bulk
storage (storage for other than dispensing purposes). The current rules do
not address indoor locations for ASTs. Fire rated, fire insulated, doublewall or vaulted AST designs are not recognized. Requirements for
reinstallation of previously used ASTs or piping are not addressed. The
rules do not address corrosion prevention requirements in any form for
ASTs or piping—even when the piping is located underground. The
design or installation of either Stage I or Stage II vapor recovery
procedures for ASTs are not regulated. The rules are not definitive on
methods or types of secondary containment for ASTs. The rules do not
adequately address the use of portable containers, intermediate bulk
containers or retail storage of flammable/combustible liquids. The rules
do not recognize the practice of fueling from a mobile cart/trailer.
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Implementing and authorized by Section 2 of the
Gasoline Storage Act [430 ILCS 15/2].
C)
Scheduled meeting/hearing dates: The Agency has not yet
scheduled meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Any small business, small municipality or not for profit
corporation with bulk storage of flammable or combustible liquids or that
installs aboveground storage tanks.
F)
Agency contact person for information:
Ken Wood, P.E. EFO
Fire Protection Engineer
Director, Division of Technical Services
Office of the State Fire Marshal
100 W. Randolph St., Suite 4-600
Chicago, IL 60601
312/814-2962
G)
j)
Related rulemakings and other pertinent information: The proposed
changes to 41 Ill. Adm. Code 160 are similar to a certain extent to the
proposed changes to 41 Ill. Adm. Code 180.
Part(s) (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline
and Volatile Oils; 41 Ill. Adm. Code 180
1)
Rulemaking:
A)
Description: Part 180 rules primarily address the use of aboveground
storage tanks (ASTs) for flammable or combustible liquids used to
dispense fuel into vehicles or portable containers. The rules do not
recognize fire rated, fire insulated, double-wall or vaulted AST designs.
The requirements for reinstallation of previously used ASTs or piping are
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
not addressed. The rules do not address corrosion prevention
requirements for ASTs or piping—even when the piping is located
underground. The rules do not recognize or regulate the design or
installation of either Stage I or Stage II vapor recovery procedures for
ASTs. The rules are not definitive on methods or types of required
secondary containment for ASTs. The practice of fueling from a mobile
cart/trailer is not recognized.
B)
Statutory Authority: Implementing and authorized by Section 2 of the
Gasoline Storage Act [430 ILCS 15/2].
C)
Scheduled meeting/hearing dates: The Agency has not yet scheduled
meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Any small business, small municipality or not for profit
corporation that dispenses flammable or combustible liquids from an AST
or that installs aboveground storage tanks.
F)
Agency contact person for information:
Ken Wood, P.E. EFO
Fire Protection Engineer
Director, Division of Technical Services
Office of the State Fire Marshal
100 W. Randolph St., Suite 4-600
Chicago, IL 60601
312/814-2962
G)
k)
Related rulemakings and other pertinent information: The proposed
changes to 41 Ill. Adm. Code 180 are similar to a certain extent to the
proposed changes to 41 Ill. Adm. Code 160.
Part(s) (Heading and Code Citations): Furniture Fire Safety Regulations; 41 Ill. Adm.
Code 300
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description: Referenced Standards need updating.
B)
Statutory Authority: Implementing and authorized by Section 1004 of the
Furniture Fire Safety Act [425 ILCS 45/1004].
C)
Scheduled meeting/hearing dates: The Agency has not yet scheduled
meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Any small business or not for profit corporation that
manufactures upholstered seating furniture used in public occupancies or
public assembly areas.
F)
Agency contact person for information:
Misty Matykiewicz
Division of Fire Prevention
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/558-0639
G)
l)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Fire Prevention and Safety; 41 Ill. Adm. Code 100
1)
Rulemaking:
A)
Description: Update the OSFM’s adopted edition of the NFPA Life
Safety Code from the currently adopted 2000 edition to the 2009 edition.
Also consideration of placing subsection 41 Ill. Adm. Code 100.7 (b)(5)
"Permanently Moored Vessels" into a new and separate Part because the
rules are difficult for the public to locate and intermixed with the Life
Safety Code adoption rules.
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Implementing and authorized by Section 9 of the
Fire Investigation Act [425 ILCS 25/9].
C)
Scheduled meeting/hearing dates: The agency has not yet scheduled
meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Any small business, small municipality or not for profit
corporation that own an occupiable structure. Also, small municipalities
that are responsible for enforcing fire/life safety codes.
F)
Agency contact person for information:
Misty Matykiewicz
Division of Fire Prevention
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/558-0639
G)
m)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Fire Equipment Distributor and Employee
Standards; 41 Ill. Adm. Code 251 and Fire Equipment Administrative Procedures; 41 Ill.
Adm. Code 280.
1)
Rulemaking:
A)
Description: Update the OSFM’s rules applicable to fire equipment
distributor and employee licensing and consider combing the Part 251 and
Part 280 rules into one document to address procedures for administering
the fire equipment contractor and employee licensing programs. Also,
recognize that authority now results from an updated statute – the Fire
Equipment Distributor and Employee Regulation Act of 2011 [225 ILCS
217].
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Implementing and authorized by the Fire Equipment
Distributor and Employee Regulation Act of 2011 [225 ILCS 217].
C)
Scheduled meeting/hearing dates: The agency has not yet scheduled
meetings or hearings on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Effect on small businesses, small municipalities or not for profit
corporations: Any small business, small municipality or not for profit
corporation that may be licensed by the OSFM as a fire equipment
distributor or may be involved in the servicing of portable fire
extinguishers and/or fixed fire suppression systems other than water-based
systems.
F)
Agency contact person for information:
Misty Matykiewicz
Division of Fire Prevention
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/558-0639
G)
n)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Hazardous Materials Emergency Response
Reimbursement Standards; 41 Ill. Adm. Code 270
1)
Rulemaking:
A)
Description: This rulemaking responds to, and resolves, audit findings
which noted a discrepancy between reimbursement standards in the
Hazardous Material Emergency Response Reimbursement Act [430 ILCS
55] and those contained in the Hazardous Materials Emergency Response
Reimbursement Standards.
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OFFICE OF THE STATE FIRE MARSHAL
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Implemented and authorized by Section 5(c) of the
Hazardous Material Emergency Response Reimbursement Act [430 ILCS
55/5(c)].
C)
Scheduled meeting/hearing dates: The Agency has not scheduled
meetings or hearing on this proposal.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: None.
F)
Agency contact person for information:
Keith H. Immke
Office of the State Fire Marshal
1035 Stevenson Drive
Springfield, IL 62704
217/785-4212
G)
o)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Fire Truck Revolving Loan Program; 41 Ill. Adm.
Code 290
1)
Rulemaking:
A)
Description: The Office of the Illinois State Fire Marshal (OSFM) and the
Illinois Finance Authority (IFA) jointly administers a program to provide
zero-interest loans for the purchase of a fire truck or fire trucks by a unit
of local government (fire department, fire protection district or township
fire department) in Illinois that provides fire suppression within a
geographical area. This rulemaking establishes criteria for review of loan
applications. It defines a quorum for purposes of acting on a loan
application. Also, it defines when a conflict of interest occurs as to a
member of the committee processing a loan application and prohibits their
participation in the decision making process.
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OFFICE OF THE STATE FIRE MARSHAL
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B)
Statutory Authority: Implementing and authorized by the Illinois Finance
Authority Act, Fire Truck Revolving Loan Program [20 ILCS 3501/82580].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: Loan awards are based on equipment need, financial need,
and how recently the applicant has received a previous loan under this
program. Recipients may be eligible for a zero-interest loan up to
$250,000 with a 20-year repayment period for the purchase of a fire
truck(s).
F)
Agency contact person for information:
William Barnes, General Counsel
Office of the Illinois State Fire Marshal
James R. Thompson Center
100 W. Randolph Street
Suite 4-600
Chicago, IL 60601
Office: 312/814-6322
Fax: 312/814-3459
G)
p)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Ambulance Revolving Loan Program; 41 Ill.
Adm. Code 292
1)
Rulemaking:
A)
Description: The Office of the Illinois State Fire Marshal (OSFM) and the
Illinois Finance Authority (IFA) jointly administers a program to provide
zero-interest loans for the purchase of an ambulance or ambulances by a
not-for-profit emergency medical service or a unit of local government
(fire department, fire protection district or township fire department) in
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OFFICE OF THE STATE FIRE MARSHAL
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Illinois that provides emergency medical service within a geographical
area. This rulemaking shall require recipients of the loans to repay each
year at least 5% of the principal amount borrowed or the remaining
balance, whichever is less.
B)
Statutory Authority: Implementing and authorized by the Illinois Finance
Authority Act, Ambulance Revolving Loan Program [20 ILCS 3501/82585].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: Loan awards are based on equipment need, financial need,
and how recently the applicant has received a previous loan under this
program. Recipients may be eligible for a zero-interest loan up to
$100,000 with a 10-year repayment period for the purchase of an
ambulance(s).
F)
Agency contact person for information:
William Barnes, General Counsel
Office of the Illinois State Fire Marshal
James R. Thompson Center
100 W. Randolph Street
Suite 4-600
Chicago, IL 60601
Office: 312/814-6322
Fax: 312/814-3459
G)
q)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Small Equipment Grant Program; 41 Ill. Adm.
Code 291
1)
Rulemaking:
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OFFICE OF THE STATE FIRE MARSHAL
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A)
Description: The Office of the Illinois State Fire Marshal (OSFM)
administers a program to provide grant funds for the purchase of small
firefighting equipment to a unit of local government (fire department, fire
protection district or township fire department) in Illinois that provides fire
suppression within a geographical area. This rulemaking shall add fire
protection districts and volunteer, non-profit, stand alone ambulance
services to fire departments as being eligible for grants to purchase small
fire-fighting and ambulance equipment.
B)
Statutory Authority: Authorized by subsection 10 of the State Fire
Marshal Act [20 ILCS 2905/2].
C)
Scheduled meeting/hearing dates: None.
D)
Date agency anticipates First Notice: Unknown.
E)
Affect on small businesses, small municipalities or not for profit
corporations: Grant awards are based on equipment need, financial need,
and how recently the applicant has received a previous grant under this
program. Recipients may be eligible for a grant up to $26,000 for the
purchase of small firefighting equipment.
F)
Agency contact person for information:
William Barnes, General Counsel
Office of the Illinois State Fire Marshal
James R. Thompson Center
100 W. Randolph Street
Suite 4-600
Chicago, IL 60601
Office:312/814-6322
Fax: 312/814-3459
G)
Related rulemakings and other pertinent information: None.
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ILLINOIS RACING BOARD
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citation): Voluntary Self-Exclusion Program, 11 Ill. Adm.
Code 453
1)
Rulemaking:
A)
Description: This rulemaking authorizes 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: Interested persons may send specific
criticisms, suggestions, and/or comments to the Illinois Racing Board in
writing during the First Notice Period.
D)
Date agency anticipates First Notice: Undetermined
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Mickey Ezzo
Illinois Racing Board
100 W. Randolph Street
Suite 7-701
Chicago, IL 60601
312/814-5017
Fax: 312/814-5062
mickey.ezzo@illinois.gov
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G)
b)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Medication, 11 Ill. Adm. Code 603
1)
Rulemaking:
A)
Description: Due to recent advances in drug testing, Part 603 may
periodically need updating.
B)
Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975
[230 ILCS 5/9(b)].
C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Illinois Racing Board in
writing during the First Notice Period.
D)
Date agency anticipates First Notice: Undetermined
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Mickey Ezzo
Illinois Racing Board
100 W. Randolph Street
Suite 7-701
Chicago, IL 60601
312/814-5017
Fax: 312/814-5062
mickey.ezzo@illinois.gov
G)
c)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Advance Deposit Wagering, 11 Ill. Adm. Code 325
1)
Rulemaking:
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ILLINOIS RACING BOARD
JULY 2011 REGULATORY AGENDA
A)
Description: Due to the growing popularity of on-line and phone betting,
Part 325 may periodically need updating.
B)
Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975
[230 ILCS 5/9(b)].
C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Illinois Racing Board in
writing during the First Notice Period.
E)
Date agency anticipates First Notice: Undetermined
F)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Mickey Ezzo
Illinois Racing Board
100 W. Randolph Street
Suite 7-701
Chicago, IL 60601
312/814-5017
Fax: 312/814-5062
mickey.ezzo@illinois.gov
G)
d)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Inter-Track Wagering Facilities, 11 Ill. Adm. Code
435
1)
Rulemaking:
A)
Description: Pursuant to the Office of the State Fire Marshall, one
inspection per year is sufficient for inter-track wagering facilities (OTB’s),
not two as currently required by Section 435.20.
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ILLINOIS RACING BOARD
JULY 2011 REGULATORY AGENDA
B)
Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975
[230 ILCS 5/9(b)].
C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Illinois Racing Board in
writing during the First Notice Period.
D)
Date agency anticipates First Notice: Undetermined
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Mickey Ezzo
Illinois Racing Board
100 W. Randolph Street
Suite 7-701
Chicago, IL 60601
312/814-5017
Fax: 312/814-5062
mickey.ezzo@illinois.gov
G)
e)
Related rulemakings and other pertinent information: None
Part(s) (Heading and Code Citation): Licensing, 11 Ill. Adm. Code 502
1)
Rulemaking:
A)
Description: Update Section 502.350 as it pertains to the licensing of
farriers (blacksmiths) who have never been licensed by the Board or
another racing jurisdiction.
B)
Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975
[230 ILCS 5/9(b)].
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ILLINOIS RACING BOARD
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C)
Scheduled meeting/hearing dates: Interested persons may send specific
criticisms, suggestions, and/or comments to the Illinois Racing Board in
writing during the First Notice Period.
D)
Date agency anticipates First Notice: Undetermined
E)
Effect on small businesses, small municipalities or not for profit
corporations: None
F)
Agency contact person for information:
Mickey Ezzo
Illinois Racing Board
100 W. Randolph Street
Suite 7-701
Chicago, IL 60601
312/814-5017
Fax: 312/814-5062
mickey.ezzo@illinois.gov
G)
Related rulemakings and other pertinent information: None
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citations): 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)
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: The date of first notice is unknown at
this time.
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: lisa.crites@illinois.gov
G)
b)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): Lottery (General), 11 Ill. Adm. Code 1770
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
1)
Rulemaking:
A)
Description:
1)
Amendment to Section 1770.30 to address the special class of
license required by Public Act 96-1105 for veterans service
organizations.
2)
Amendment to Section 1770.80 to redefine what constitutes a
change of ownership for purposes of an Illinois Lottery license.
3)
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.
4)
Amendment to Section 1770.130 to replace a reference to "The Big
Game" with a reference to the "Mega Millions" game.
5)
Amendment to Section 1770.190 to address methodology used to
calculate Common School Fund and Capital Projects Fund transfers.
6)
We anticipate that various amendments to the Lottery’s
administrative rules will be required to accommodate structural and
procedural changes that result from the private management
agreement mandated by Public Act 96-34. However, until the
private management agreement is executed and implemented, the
precise nature of these changes cannot be determined.
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 first notice will be
published in the first quarter of calendar year 2011.
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
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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: lisa.crites@illinois.gov
G)
c)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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.
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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, and rounding amounts on returns to the
nearest dollar.
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, 2009, 2010 and 2011, including the angel investment,
historic preservation and small business jobs credits, the allowance of
Economic Development for a Growing Economy credits to be used against
withholding obligations, 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, tax-exempt
bonds, and special net loss rules for cooperatives.
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 100.7325 (amended) – implements the amendment to IITA Section
704A in Public Act 96-1027, requiring electronic payment of withholding
taxes by large employers.
Section 100.2101 (amended)—updates the regulation to incorporate the
extension of the sunset date for the replacement tax investment credit in
Public Act 96-0116 and the amendments to the credit in Public Act 960115.
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DEPARTMENT OF REVENUE
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Sections 100.2193 (new), 100.2435 (new), and 100.2510 (new)–
implements the provisions in Public Act 96-0198 allowing employers a
credit for contributions to college savings plans of employees.
B)
Statutory Authority: 35 ILCS 5/101 and 35 ILCS 5/1401
C)
Scheduled meeting/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 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.
E)
Affect on small business, small municipalities or not for profit 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)
d)
Related rulemakings and other pertinent information: None.
Part: Property Tax Code, 86 Ill. Adm. Code 110
1)
Rulemaking:
A)
Description: 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.
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DEPARTMENT OF REVENUE
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Part 110 will be amended with respect to 110.162 for Township and MultiTownship Assessor Qualifications. The amendment deals with the
approved designation list from the Department of Revenue.
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 200/1565; 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)
Affect on small business, small municipalities or not for profit
corporations: None
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)
e)
Related rulemakings and other pertinent information: None
Part: Rental Housing Support Program, 86 Ill. Adm. Code 121
1)
Rulemaking:
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
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C)
Scheduled meeting/hearing dates: No schedule has been established at this
time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
creating Part 121 during the first six months of this year.
E)
Affect on small business, small municipalities or not for profit 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)
f)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
2.
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.
3.
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.
4.
Amendment of Section 130.455 regarding motor vehicle trade-ins
to clarify issues regarding trade-ins including how advance tradeins apply in auction situations.
5.
Amendment of 130.2080 to update the regulation governing sales
to governmental bodies, foreign diplomats and consular personnel.
6.
Amendment of Section 130 ILLUSTRATION A – to update
examples of tax exemption cards.
7.
Amendment of Section 130.2050 – Sales and Gifts By Employers
to Employees – to update the presumptive Use Tax base on meals
provided to employees.
8.
Creation of a new section regarding the exemption created by
Public Act 95-0672 for tangible personal property sold to publicfacilities corporations for purposes of constructing or furnishing a
municipal convention hall.
9.
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.
10.
Creation of a new section to provide guidance regarding the
documentation requirements for sales by retailers to exempt
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
organizations holding active exemption numbers issued by the
Department.
11.
Amendment of Section 130.450 regarding installation, alteration,
and special service charges to provide further guidance through
examples for retailers who sell items that are commonly installed
into real estate, such as cabinets and counter tops.
12.
Amendment of Section 130.340 regarding rolling stock to provide
guidance through examples of items that qualify for the exemption
but do not become a part of the vehicle.
13.
Amendment of Section 130.605 to add examples regarding the
drive-away permit exemption described in subsection (b) of that
Section.
14.
Amendment of Section 130.701 regarding the obtaining of
certificates of registration to incorporate the changes made by P.A.
96-1355 listing the criteria the Department is to consider when
determining whether to require a bond or other security from an
applicant for a certificate of registration and the amount of that
bond or other security.
B)
Statutory Authority: 35 ILCS 120/12
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.
E)
Effect on small business, small municipalities or not for profit
corporations: Small businesses that sell tangible personal property at retail
will be affected by these regulations. Businesses that sell tangible
personal property through the Internet, mail order, telephone and
television orders will be impacted by the changes to 130.415 regarding
delivery and handling charges. Retailers who sell counter tops and
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DEPARTMENT OF REVENUE
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cabinets will be impacted by the changes to Section 130.450. Tax exempt
organizations will be affected by the changes proposed to Section
130.2005, 130.2007, and the new section providing guidance on how to
document exempt sales to those organizations.
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)
g)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
B)
Statutory Authority: 35 ILCS 115/12
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 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.
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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)
h)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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. Some of the highlights of these changes include:
1.
Amendment to Section 150.201 that reflects the changes in the
definition of a "retailer maintaining a place of business in this
State" added by P.A. 96-1544 to reference retailers who have
certain contracts with and provide commissions to persons in this
State and the retailer’s sales to customers in this State under such
contracts exceed $10,000 during the preceding 4 calendar quarters.
2.
Amendment to Section 150.310 to change the period of use from
"30 or more days" to "more than 30 days" that will trigger Use Tax
liability for a vehicle that was purchased in this State under the
drive-away permit exemption. The change to Section 150.310 is
being made in order to conform to the recent change by the
Secretary of State’s Office to extend the time period for a driveaway permit for a vehicle from 7 days to 30 days.
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B)
Statutory Authority: 35 ILCS 105/12
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.
E)
Effect on small business, small municipalities or not for profit
corporations: These amendments will affect persons subject to the Use
Tax.
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)
i)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
B)
Statutory Authority: 35 ILCS 110/12
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 160 during the next six months of this year.
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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.
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)
j)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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)
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
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.
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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)
k)
Related rulemakings and other pertinent information: Similar changes will
be made to other Parts governing the Department’s administration of locally
imposed taxes.
Part(s) (Heading and Code Citations): Metro East Mass Transit District Retailers'
Occupation Tax, 86 Ill. Adm. Code 370
1)
Rulemaking:
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
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
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.
F)
Agency contact person for information:
Jerilynn Gorden
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
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Deputy General Counsel, Sales and Excise Tax
Illinois Department of Revenue
101 W. Jefferson, 5-500
Springfield, IL 62794
Telephone: (217) 782-2844
G)
l)
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.
Part(s) (Heading and Code Citations): Metro East Mass Transit District Service
Occupation Tax, 86 Ill. Adm. Code 380
1)
Rulemaking:
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
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
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.
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
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DEPARTMENT OF REVENUE
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Telephone: (217) 782-2844
G)
m)
Related rulemakings and other pertinent information: Similar changes will
be made to Parts 370 and 390 regarding the taxes imposed in Metro East
Mass Transit Districts.
Part(s) (Heading and Code Citations): Metro East Mass Transit District Use Tax, 86 Ill.
Adm. Code 390
1)
Rulemaking:
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
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
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.
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
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DEPARTMENT OF REVENUE
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G)
n)
Related rulemakings and other pertinent information: Similar changes will
be made to Parts 370 and 380 regarding the taxes imposed in Metro East
Mass Transit Districts.
Part(s) (Heading and Code Citations): Liquor Control Act, 86 Ill. Adm. Code 420
1)
Rulemaking:
A)
Description: Amendments will be made to Section 420.10 to reflect the
provisions of Public Acts 96-34 and 96-38, which changed the gallonage
tax rates on beer, wine, cider and spirits effective September 1, 2009.
B)
Statutory Authority: 235 ILCS 58-1
C)
Scheduled meeting/hearing dates: No schedule has been established at this
time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit corporations:
Manufacturers and importing distributors of beer, wine, cider and spirits are
affected due to the change in tax rates on those items.
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)
o)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): Bingo License and Tax Act, 86 Ill. Adm. Code 430
1)
Rulemaking:
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DEPARTMENT OF REVENUE
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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.
B)
Statutory Authority: 230 ILCS 25/1
C)
Scheduled meeting/hearing dates: No schedule has been established at this
time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit 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
G)
p)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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.
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DEPARTMENT OF REVENUE
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B)
Statutory Authority: 230 ILCS 20/1
C)
Scheduled meeting/hearing dates: No schedule has been established at this
time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit corporations:
Entities eligible for pull tabs and jar games 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
G)
q)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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.
B)
Statutory Authority: 230 ILCS 30/1
C)
Scheduled meeting/hearing dates: No schedule has been established at this
time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
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DEPARTMENT OF REVENUE
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E)
Effect on small business, small municipalities or not for profit corporations:
Entities eligible for a charitable games license 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
G)
r)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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. Among those amendments, the Department
anticipates amendments to these rules relating to the federal "Prevent All
Cigarette Trafficking Act of 2009" P.L. 111-154, P.A. 95-1053, P.A. 96782 and P.A.1027. Rulemakings are also promulgated as part of the
Department’s continuing effort to codify policies contained in various
letter rulings.
B)
Statutory Authority: 20 ILCS 2505/2505-30
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
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DEPARTMENT OF REVENUE
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E)
Effect on small business, small municipalities or not for profit
corporations: Minimal, depending upon what legislation may be enacted.
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)
s)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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. Among these amendments, the Department
anticipates amendments to these rules to incorporate the changes made by
P.A. 95-1053, P.A. 96-782 and P.A. 1027. Rulemakings are also
promulgated as part of the Department’s continuing effort to codify
policies contained in various letter rulings.
B)
Statutory Authority: 20 ILCS 2505/2505-80
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
corporations: Minimal, depending upon what legislation may be enacted.
F)
Agency contact person for information:
ILLINOIS REGISTER
12565
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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)
t)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Telecommunications Excise Tax, 86 Ill. Adm.
Code 495
1)
Rulemaking:
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.
5.
Amendment of Section 495.100 to clarify the ending date for using
alternate apportionment methods for imposing tax on portions of
the interstate inter-office channels for private lines pursuant to
P.A.93-286.
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DEPARTMENT OF REVENUE
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B)
Statutory Authority: 35 ILCS 630; Public Acts 92-526; 92-0602; 92-878,
93-286, and 94-793.
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
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
G)
u)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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.
B)
Statutory Authority: 35 ILCS 505/14
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
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DEPARTMENT OF REVENUE
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D)
Date agency anticipates First Notice: We anticipate filing rulemakings to
Part 500 during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
corporations: Motor fuel distributors, suppliers and receivers, as well as
persons licensed under the International Fuel Tax Agreement, 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
G)
v)
Related rulemakings and other pertinent information: There are no related
rulemakings.
Part(s) (Heading and Code Citations): 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].
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
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DEPARTMENT OF REVENUE
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D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
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.
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)
w)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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].
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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.
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)
x)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
C)
Scheduled meeting/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filings during the next
six months of this year.
E)
Affect 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.
F)
Agency contact person for information:
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
Paul Caselton
Deputy General Counsel, Income Tax
Illinois Department of Revenue
101 W. Jefferson, 5-500
Springfield, IL 62794
Telephone (217) 524-3951
G)
y)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): Electronic Filing of Returns and Other
Documents, 86 Ill. Adm. Code 760
1)
Rulemaking:
A)
Description: Amend 86 Ill. Adm. Code 760.100 to conform to Public Act
96-1027, which amended 35 ILCS 5/704A to require electronic payment
of withholding taxes by all employers who are required to follow the semiweekly deposit schedule.
B)
Statutory Authority: 35 ILCS 5/704A(c)
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: This rulemaking has been sent to
first notice
E)
Effect on small business, small municipalities and not for profit
corporations: Only relatively large employers (which can include
municipalities and not-for-profit corporations) are affected by this
rulemaking.
F)
Agency contact person for information:
Paul S. Caselton
Deputy General Counsel - Income Tax
Illinois Department of Revenue
101 W. Jefferson, 5-500
Springfield, IL 62794
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DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
Telephone: (217) 782-7055
G)
z)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
B)
Statutory Authority: 35 ILCS 5/502
C)
Scheduled meeting/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filings during the next
six months of this year.
E)
Affect 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.
F)
Agency contact person for information:
Rickey A. Walton
Special Assistant Attorney General
Illinois Department of Revenue
100 W. Randolph St., 7-900
Chicago, IL 60601
Telephone: (312) 814-3185
G)
aa)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): New Part Governing County School Facility
Retailers' Occupation Tax
ILLINOIS REGISTER
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11
DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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).
C)
Scheduled meeting/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Affect on small business, small municipalities or not for profit
corporations: Counties imposing this tax and retailers located in such
jurisdictions will be affected by this rulemaking.
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)
bb)
Related rulemakings and other pertinent information: A new Part
implementing a County School Facility Service Occupation Tax is related.
Part(s) (Heading and Code Citations): 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.
ILLINOIS REGISTER
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11
DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
B)
Statutory Authority: 55 ILCS 5/5-1006.7(b).
C)
Scheduled meeting/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Affect on small business, small municipalities or not for profit
corporations: Businesses making sales of service in counties imposing the
tax will be minimally affected.
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)
cc)
Related rulemakings and other pertinent information: A new Part
Governing a County School Facility Retailers’ Occupation Tax is related.
Part(s) (Heading and Code Citations): 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.
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
ILLINOIS REGISTER
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11
DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
corporations: Persons using the Internet to file sales and use tax returns
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)
dd)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
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
ILLINOIS REGISTER
12575
11
DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
those sales of service within a business district where those taxes are
imposed will be subject to those taxes.
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)
ee)
Related rulemakings and other pertinent information: None.
Part(s) (Heading and Code Citations): 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.
C)
Scheduled meetings/hearing dates: No schedule has been established at
this time.
D)
Date agency anticipates First Notice: We anticipate filing rulemakings
during the next six months of this year.
E)
Effect on small business, small municipalities or not for profit
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.
F)
Agency contact person for information:
ILLINOIS REGISTER
DEPARTMENT OF REVENUE
JANUARY 2011 REGULATORY AGENDA
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.
12576
11
ILLINOIS REGISTER
12577
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citations): Illinois State Library, Library Services Division
(23 Ill. Admin. Code 3010)
1)
b)
Rulemaking: Amend
A)
Description of Rule(s): Revision related to use of public service area.
B)
Statutory Authority: Implementing and authorized by the State Library
Act [15 ILCS 320].
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: July 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Joseph Natale
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
300 South Second Street
Springfield, IL 62701-1796
217/558-4185
Fax 217/557-2619
jnatale@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois State Library, Acquisition Division,
Illinois Documents Section (23 Ill. Admin. Code 3020)
1)
Rulemaking: Amend
A)
Description of Rule(s): Revision to implement digital state document
program.
B)
Statutory Authority: Implementing Section 21 and authorized by Section
2 of the State Library Act [15 ILCS 320/2 and 21].
ILLINOIS REGISTER
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SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
c)
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: December 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Joseph Natale
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
300 South Second Street
Springfield, IL 62701-1796
217/558-4185
Fax 217/557-2619
jnatale@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois State Library Talking Book and Braille
Service (TBBS) (23 Ill. Admin. Code 3025)
1)
Rulemaking: Amend
A)
Description of Rule(s): Update of Talking Book Centers.
B)
Statutory Authority: Implementing and authorized by the State Library
Act [15 ILCS 320].
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: September 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Joseph Natale
ILLINOIS REGISTER
12579
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
300 South Second Street
Springfield, IL 62701-1796
217/558-4185
Fax 217/557-2619
jnatale@ilsos.net
G)
d)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): The Illinois State Library System Act, (23 Ill.
Admin. Code 3030)
1)
Rulemaking: Repeal/New
A)
Description of Rule(s): Repeal existing rules and propose new rules and
standards as part of regional system merger process.
B)
Statutory Authority: Implementing and authorized by the Illinois Library
System Act [75 ILCS 10].
C)
Scheduled Meeting/Hearing Dates: To be scheduled.
D)
Date Agency Anticipates First Notice: December 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Joseph Natale
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
300 South Second Street
Springfield, IL 62701-1796
217/558-4185
Fax 217/557-2619
jnatale@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
ILLINOIS REGISTER
12580
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
e)
Part(s) (Heading and Code Citations): The Illinois State Library Grant Programs (23 Ill.
Admin. Code 3035)
1)
f)
Rulemaking:
A)
Description of Rule(s): Update requirements for grant programs.
B)
Statutory Authority: Implementing and authorized by the Illinois State
Library Act [15 ILCS 320/18].
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: September 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Joseph Natale
Rules Coordinator
Illinois State Library
Gwendolyn Brooks Building
300 South Second Street
Springfield, Illinois 62701-1796
217/558-4185
fax 217/557-2619
jnatale@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): State Records Commission (44 Ill. Admin. Code
440)
1)
Rulemaking: Proposed Amendments
A)
Description of Rule(s): Proposed amendments will add greater detail to
the existing procedures for compiling and submitting to the commission
lists and schedules of records proposed for disposal and procedures for the
disposal of those records. Included would be matters such as allowing for
ILLINOIS REGISTER
12581
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
the disposal of records on a cyclical or recurring basis, updating forms
used by the State Records Commission and updates to how electronic
records and social media can be retained and disposed of.
g)
B)
Statutory Authority: State Records Act (5 ILSC 160)
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: December 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: The rule applies only to state agencies.
F)
Agency Contact Person for Information:
David A. Joens, Director
Illinois State Archives
2 W Norton Building
Springfield, IL 62756
217/782-3492
Fax 217/524-3930
djoens@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois Offense Table, 92 Ill. Admin. Code
1040.20
1)
Rulemaking:
A)
Description of Rule(s): This Part will address the requirements of 625
ILCS 5/11-601(b) which adds a new offense of 26-30 miles per hour over
the speed limit; 625 ILCS 5/11-601(b) which adds a new offense of 30
miles per hour over the speed limit; 625 ILCS 5/11-6015(a) which adds a
new offense of 31-39 miles per hour over the speed limit; and 625 ILCS
5/11-501.1 which adds authority to revoke driving privileges for implied
consent refusal if involved in a crash resulting in great bodily injury or
death; implementing and authorized by Public Act 96-1002 and Public Act
96-1344 respectively.
B)
Statutory Authority: 625 ILCS 5/2-104
ILLINOIS REGISTER
12582
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
h)
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: December 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
F)
Agency Contact Person for Information:
Illinois Secretary of State
Driver Services Department
Jennifer Egizii
c/o Director’s Office
2701 South Dirksen Parkway
Springfield, IL 62723
217/557-4462
Fax 217/558-4942
jegizii@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Driver’s License Testing/Written Test, 92 Ill.
Admin. Code 1030.80
1)
Rulemaking:
A)
Description of Rule(s): This Part is being amended to address the
requirements of 625 ILCS 5/6-109, which authorizes the Secretary of State
to establish the minimum number of required questions that an applicant
must take in order to be eligible for a driver’s license or instruction permit.
B)
Statutory Authority: 625 ILCS 5/2-104
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: December 2011
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: None
ILLINOIS REGISTER
12583
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
i)
F)
Agency Contact Person for Information:
Illinois Secretary of State
Driver Services Department
Jennifer Egizii
c/o Director’s Office
2701 South Dirksen Parkway
Springfield, IL 62723
217/557-4462
Fax 217/558-4942
jegizii@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois Business Brokers Act of 1995, 14 Ill.
Admin. Code 140
1)
Rulemaking:
A)
Description of Rule(s): Amend rules and draft rules generally to conform
regulations to legislative enactments.
B)
Statutory Authority: Illinois Business Broker Act, 815 ILCS 307/10-1.
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: Unknown
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: Unknown
F)
Agency Contact Person for Information:
Illinois Secretary of State
Tanya Solov, Director
Illinois Securities Department
69 W. Washington Street, Suite 1220
Chicago, IL 60602
312/793-3384
Fax 312/793-1202
tsolov@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
ILLINOIS REGISTER
12584
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
j)
Part(s) (Heading and Code Citations): Illinois Securities Law of 1953, 14 Ill. Admin.
Code 130
1)
k)
Rulemaking:
A)
Description of Rule(s): Clean up outdated references and update
references by incorporation. Amend rules and draft rules generally to
conform regulations to state and federal legislative enactments and rules of
the US Securities and Exchange Commission.
B)
Statutory Authority: Illinois Securities Law of 1953, 815 ILCS 5/1
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: Unknown
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: Unknown
F)
Agency Contact Person for Information:
Illinois Secretary of State
Tanya Solov, Director
Illinois Securities Department
69 W. Washington Street, Suite 1220
Chicago, IL 60602
312/793-3384
Fax 312/793-1202
tsolov@ilsos.net
G)
Related Rulemaking and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois Business Opportunity Sales Law of 1995,
14 Ill. Admin. Code 135
1)
Rulemaking:
A)
Description of Rule(s): Amend rules and draft rules generally to conform
regulations to legislative enactments.
ILLINOIS REGISTER
12585
11
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
l)
B)
Statutory Authority: Illinois Business Opportunity Sales Law of 1995,
815 ILCS 602/5-1.
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: Unknown
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: Unknown
F)
Agency Contact Person for Information:
Illinois Secretary of State
Tanya Solov, Director
Illinois Securities Department
69 W. Washington Street, Suite 1220
Chicago, IL 60602
312-793-3384
Fax 312-793-1202
tsolov@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
Part(s) (Heading and Code Citations): Illinois Loan Brokers Act of 1995, 14 Ill. Admin.
Code 145
1)
Rulemaking:
A)
Description of Rule(s): Amend rules and draft rules generally to conform
regulations to legislative enactments.
B)
Statutory Authority: Illinois Loan Brokers Act, 815 ILCS 175/15-1
C)
Scheduled Meeting/Hearing Dates: None
D)
Date Agency Anticipates First Notice: Unknown
E)
Impact on Small Businesses, Small Municipalities or Not for Profit
Corporations: Unknown
F)
Agency Contact Person for Information:
ILLINOIS REGISTER
SECRETARY OF STATE
JULY 2011 REGULATORY AGENDA
Illinois Secretary of State
Tanya Solov, Director
Illinois Securities Department
69 W. Washington Street, Suite 1220
Chicago, IL 60602
312/793-3384
Fax 312/793-1202
tsolov@ilsos.net
G)
Related Rulemakings and Other Pertinent Information: None
12586
11
ILLINOIS REGISTER
12587
11
ILLINOIS STATE BOARD OF INVESTMENT
JULY 2011 REGULATORY AGENDA
a)
Part(s) (Heading and Code Citations): State (of Illinois) Employees' Deferred
Compensation Plan (80 Ill. Adm. Code 2700)
Rulemaking:
Description: The proposed amendments will expand 80 Ill. Adm. Code 2700 to
allow participants to take loans from their accounts.
Statutory Authority: Implementing Section 457 of the Internal Revenue Code (26
USC 457 et seq.) and implementing and authorized by Section 22A-11.1
and Article 24 of the Illinois Pension Code [40 ILCS 5/22A-11.1 and Art.
24].
Scheduled meeting/hearing dates: The Illinois State Board of Investment (ISBI)
anticipates submitting its rulemaking proposal to the Board in Fall 2011.
Date agency anticipates First Notice: ISBI’s submittal of a proposal to the Board
shall commence this proceeding. ISBI anticipates First Notice to occur in
Fall or Winter 2011.
Effect on small businesses, small municipalities or not for profit corporations:
None.
Agency contact person for information:
Linsey J. Schoemehl
General Counsel/Chief Compliance Officer
180 N. LaSalle St., Suite 2015
Chicago, IL 60601
312.793-1486
Linsey.Schoemehl@illinois.gov
Related rulemakings and other pertinent information: This rulemaking is related
to another rulemaking listed in this Regulatory Agenda that is being
developed to implement Public Act 96-806, which allows certain health
care providers who provide services under State programs to participate in
the State of Illinois Deferred Compensation Plan.
Rulemaking:
ILLINOIS REGISTER
12588
11
ILLINOIS STATE BOARD OF INVESTMENT
JULY 2011 REGULATORY AGENDA
Description: The proposed amendments seek to implement Public Act 96-806,
which allows certain health care providers who provide services under
State programs to participate in the State of Illinois Deferred
Compensation Plan.
Statutory Authority: Implementing Section 457 of the Internal Revenue Code (26
USC 457 et seq.) and implementing and authorized by Section 22A-11.1
and Article 24 of the Illinois Pension Code [40 ILCS 5/22A-11.1 and Art.
24].
Scheduled meeting/hearing dates: The Illinois State Board of Investment (ISBI)
anticipates submitting its rulemaking proposal to the Board in Fall 2011.
Date agency anticipates First Notice: ISBI’s submittal of a proposal to the Board
shall commence this proceeding. ISBI anticipates First Notice to occur in
Fall or Winter 2011.
Effect on small businesses, small municipalities or not for profit corporations:
None.
Agency contact person for information:
Linsey J. Schoemehl
General Counsel/Chief Compliance Officer
180 N. LaSalle St., Suite 2015
Chicago, IL 60601
312.793-1486
Linsey.Schoemehl@illinois.gov
Related rulemakings and other pertinent information: This rulemaking is related
to another rulemaking listed in this Regulatory Agenda that is being
developed to expand the Deferred Compensation program to allow
participants to take loans from their accounts.
ILLINOIS REGISTER
12589
11
DEPARTMENT OF REVENUE
NOTICE OF PUBLIC INFORMATION
1.
Statute requiring agency to publish information concerning Private Letter Rulings and
General Information Letters in the Illinois Register:
Name of Act: Illinois Department of Revenue Sunshine Act
Citation: 20 ILCS 2515/1 et seq.
2.
Summary of information:
Index of Department of Revenue income tax Private Letter Rulings and General
Information Letters issued for the 2nd Quarter of 2011. Private letter rulings are issued
by the Department in response to specific taxpayer inquiries concerning the application of
a tax statute or rule to a particular fact situation. Private letter rulings are binding on the
Department only as to the taxpayer who is the subject of the request for ruling. (See 2 Ill.
Adm. Code 1200.110) General information letters are issued by the Department in
response to written inquiries from taxpayers, taxpayer representatives, business, trade,
industrial associations or similar groups. General information letters contain general
discussions of tax principles or applications. General information letters are designed to
provide general background information on topics of interest to taxpayers. General
information letters do not constitute statements of agency policy that apply, interpret, or
prescribe tax laws administered by the Department. General information letters may not
be relied upon by taxpayers in taking positions with reference to tax issues and create no
rights for taxpayers under the Taxpayers' Bill of Rights Act. (See 2 Ill. Adm. Code
1200.120)
The letters are listed numerically, are identified as either a General Information Letter or
a Private Letter Ruling and are summarized with a brief synopsis under the following
subjects:
Alternative Apportionment
Subtraction Modifications – Other Rulings
Withholding – Other Rulings
Copies of the ruling letters themselves are available for inspection and may be purchased
for a minimum of $1.00 per opinion plus 50 cents per page for each page over one.
Copies of the ruling letters may be downloaded free of charge from the Department's
World Wide Web site at www.tax.illinois.gov.
ILLINOIS REGISTER
12590
11
DEPARTMENT OF REVENUE
NOTICE OF PUBLIC INFORMATION
The indexes of Income Tax letter rulings for 1990, 1991, 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010
are available for $3.00. A cumulative Income Tax Sunshine Index of 1981 through 1989
letter rulings may be purchased for $4.00.
3.
Name and address of person to contact concerning this information:
Linda Settle
Illinois Department of Revenue
Legal Services Office
101 West Jefferson Street
Springfield, Illinois 62794
Telephone: (217) 782-7055
ILLINOIS REGISTER
12591
11
DEPARTMENT OF REVENUE
NOTICE OF PUBLIC INFORMATION
ALTERNATIVE APPORTIONMENT
IT 11-0010-GIL
06/20/2011 Petition for alternative apportionment cannot be granted
based on the information supplied.
SUBTRACTION MODIFICATIONS – OTHER RULINGS
IT 11-0011-GIL
06/27/2011 The prohibition against double deductions in IITA Section
203(g) precludes a taxpayer from claiming a subtraction for repayment of
Social Security payments that were excluded from base income in the year
received.
WITHHOLDING – OTHER RULINGS
IT 11-0009-GIL
05/13/2011 Application of law regarding when compensation is “paid
in this State” to various examples.
ILLINOIS ADMINISTRATIVE CODE
Issue Index - With Effective Dates
Rules acted upon in Volume 35, Issue 30 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 - 119
89 - 140
2 - 552
92 - 542
92 - 543
..................... 12187
..................... 12202
..................... 12267
..................... 12273
..................... 12301
ADOPTED RULES
23 - 1
7/6/2011 ..................... 12328
23 - 350
7/6/2011 ..................... 12350
50 - 8100
7/22/2011 ..................... 12354
2 - 550
8/1/2011 ..................... 12367
23 - 2731
7/15/2011 ..................... 12374
23 - 2732
7/15/2011 ..................... 12378
23 - 2740
7/15/2011 ..................... 12382
23 - 2765
7/15/2011 ..................... 12388
REGULATORY AGENDA
80 - 302
..................... 12398
80 - 310
..................... 12405
2 - 1720
..................... 12408
56 - 2760
..................... 12413
38 - 1050
..................... 12414
11 - 1800
..................... 12441
89 - 103
..................... 12446
47 - 385
..................... 12473
56 - 2520
..................... 12476
4 - 300
..................... 12478
89 - 1110
..................... 12521
41 - 141
..................... 12522
11 - 453
..................... 12539
11 - 1700
..................... 12544
23 - 3010
..................... 12577
80 - 2700
..................... 12587
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