Volume 27 Issue 2 January 10, 2003 Pages 386 - 704
TABLE OF CONTENTS
January 10, 2003 Volume 27, Issue 2 PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF The Travel Regulation Council 80 Ill. Adm. Code 3000 ...... 386 CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Licensing Standards for Day Care Homes 89 Ill. Adm. Code 406 ...... 388 COMMERCE COMMISSION, ILLINOIS Restricted Call Registry 14 Ill. Adm. Code 300 ...... 438 ELECTIONS, ILLINOIS STATE BOARD OF Established Political Party and Independent Candidate Nominating 26 Ill. Adm. Code 201 ...... 441 Registration of Voters 26 Ill. Adm. Code 216 ...... 444 PROFESSIONAL REGULATION, DEPARTMENT OF Illinois Athletic Trainers Practice Act 68 Ill. Adm. Code 1160 ...... 450 Illinois Certified Shorthand Reporters Act of 1984 68 Ill. Adm. Code 1200 ...... 464 Funeral Directors and Embalmers Licensing Code 68 Ill. Adm. Code 1250 ...... 470 Perfusionist Practice Act 68 Ill. Adm. Code 1335 ...... 482 PUBLIC AID, ILLINOIS DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148 ...... 484 ADOPTED RULES BANKS AND REAL ESTATE, OFFICE OF Calculation, Assessment and Collection of Periodic Fees 38 Ill. Adm. Code 375 ...... 487 CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Licensing Standards for Child Welfare Agencies 89 Ill. Adm. Code 401 ...... 494 Licensing Standards for Child Care Institutions and Maternity Centers 89 Ill. Adm. Code 404 ...... 508 FIRE MARSHAL, OFFICE OF THE STATE Boiler and Pressure Vessel Safety 41 Ill. Adm. Code 120 ...... 518 NATURAL RESOURCES, DEPARTMENT OF Wildlife Conservation Measures and Practices 17 Ill. Adm. Code 525 ...... 525 RACING BOARD, ILLINOIS Claiming Races 11 Ill. Adm. Code 510 ...... 533 Starting 11 Ill. Adm. Code 1415 ...... 538 REVENUE, ILLINOIS DEPARTMENT OF Coin-Operated Amusement Device Tax 86 Ill. Adm. Code 460 ...... 542 i
SECRETARY OF STATE, OFFICE OF THE Business Corporation Act 14 Ill. Adm. Code 150 ...... 550 EMERGENCY RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF The Travel Regulation Council 80 Ill. Adm. Code 3000 ...... 557 COMMERCE COMMISSION, ILLINOIS Restricted Call Registry 14 Ill. Adm. Code 300 ...... 563 PROFESSIONAL REGULATION, DEPARTMENT OF Perfusionist Practice Act 68 Ill. Adm. Code 1335 ...... 576 PUBLIC AID, ILLINOIS DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148 .126 ...... 580 PUBLIC HEALTH, ILLINOIS DEPARTMENT OF Control of Communicable Diseases Code 77 Ill. Adm. Code 690 ...... 592 NOTICE OF CORRECTIONS SECRETARY OF STATE, OFFICE OF THE Regulations Under Illinois Securities Law of 1953 14 Ill. Adm. Code 130 ...... 604 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES December 17, 2002 10:30 A.M. Ill. Adm. Code Proposed ...... 614 Diseased Animals 8 Ill. Adm. Code 85 Response ...... 614 Superfecta 11 Ill. Adm. Code 311 Emergency ...... 614 Nuisance Wildlife Control Permits 17 Ill. Adm. Code 525 Proposed ...... 614 Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, Beaver and Woodchuck (Groundhog) 17 Ill. Adm. Code 570 Proposed ...... 614 Wildlife Conservation Measures and Practices 17 Ill. Adm. Code 635 Proposed ...... 614 Wildlife Conservation Measures and Practices 17 Ill. Adm. Code 635 Response ...... 614 Conservation 2000-Natural Resources Cost-Share Program 17 Ill. Adm. Code 1522 Proposed ...... 614 Conservation 2000 - Ecosystems Program 17 Ill. Adm. Code 1523 Proposed ...... 614 Land and Water Conservation Fund (LWCF) Grant Program 17 Ill. Adm. Code 3030 Proposed ...... 614 Illinois State Library, Acquisitions Division, Illinois Documents 23 Ill. Adm. Code 3020 Proposed ...... 614 Standards for Protection Against Radiation 32 Ill. Adm. Code 340 Emergency ...... 614 Permits and General Provisions 35 Ill. Adm. Code 201 Proposed ...... 614 Calculation, Assessment and Collection of Periodic Fees 38 Ill. Adm. Code 375 Proposed ...... 614 ii
Boiler and Pressure Vessel Safety 41 Ill. Adm. Code 120 Proposed ...... 614 Illinois Architecture Practice Act of 1989 68 Ill. Adm. Code 1150 Response ...... 614 Nursing and Advanced Practice Nursing Act - Advanced Practice Nurse 68 Ill. Adm. Code 1305 Emergency ...... 614 Home Inspector License Act 68 Ill. Adm. Code 1410 Emergency Response...... 614 Skilled Nursing and Intermediate Care Facilities Code 77 Ill. Adm. Code 300 Proposed ...... 614 Sheltered Care Facilities Code 77 Ill. Adm. Code 330 Proposed ...... 614 Illinois Veterans' Homes Code 77 Ill. Adm. Code 340 Proposed ...... 614 Intermediate Care for the Developmentally Disabled Facilities Code 77 Ill. Adm. Code 350 Proposed ...... 614 Long-Term Care for Under Age 22 Facilities Code 77 Ill. Adm. Code 390 Proposed ...... 614 Pay Plan 80 Ill. Adm. Code 310 Proposed ...... 614 Pay Plan 80 Ill. Adm. Code 310 Peremptory ...... 614 Pay Plan 80 Ill. Adm. Code 310 Proposed ...... 614 Pay Plan 80 Ill. Adm. Code 310 Emergency ...... 614 The Administration and Operation of the Teachers' Retirement 80 Ill. Adm. Code 1650 Proposed ...... 614 Medical Payment 89 Ill. Adm. Code 140 Proposed ...... 614 Medical Payment 89 Ill. Adm. Code 140 Proposed ...... 614 Medical Payment 89 Ill. Adm. Code 140 Proposed ...... 614 Medical Payment 89 Ill. Adm. Code 140 Emergency ...... 614 Hospital Services 89 Ill. Adm. Code 148 Emergency ...... 614 Community Care Program 89 Ill. Adm. Code 240 Response ...... 614 Reports of Child Abuse and Neglect 89 Ill. Adm. Code 300 Proposed ...... 614 Foster Parent Code 89 Ill. Adm. Code 340 Proposed ...... 614 Confidentiality of Personal Information of Persons Served by the Department of Children and Family Services 89 Ill. Adm. Code 431 Proposed ...... 614 Issuance of Licenses 92 Ill. Adm. Code 1030 Proposed ...... 614 Cancellation, Revocation or Suspension of Licenses or Permits 92 Ill. Adm. Code 1040 Proposed ...... 614 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES
iii
Enterprise Zone Program 14 Ill. Adm. Code 520 ...... 620 Enterprise Zone Program 14 Ill. Adm. Code 520 ...... 620 The Campaign Financing Act 26 Ill. Adm. Code 100 ...... 620 Practice and Procedure 26 Ill. Adm. Code 125 ...... 620 Low Income Home Energy Assistance Program 47 Ill. Adm. Code 100 ...... 620 State Administration of the Federal Community Services Block Grant Program 47 Ill. Adm. Code 120 ...... 620 Standards and Licensure Requirements for Community-Integrated Living Arrangements 59 Ill. Adm. Code 115 ...... 620 Food Stamps 89 Ill. Adm. Code 121 ...... 620 EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Certificate of Commendation to P.J. Burtle-Mccredie 03 - 1 ...... 622 December 2-6, 2002 as Illinois DECA Week 03 - 2 ...... 622 December 19, 2002, as Christine Joswick Day 03 - 3 ...... 623 Certificate of Commendation to Gary L. Bushnell 03 - 4 ...... 624 Certificate of Commendation to Dr. Hazel Loucks 03 - 5 ...... 624 Certificate of Commendation to Kirk Brown 03 - 6 ...... 625 December 5, 2002, as Richard J. Bacigalupo 03 - 7 ...... 626 December 10, 2002, as Entrepreneurship Education Day 03 - 8 ...... 627 December 6, 2002, as Cyberspace Safety Awareness 03 - 9 ...... 628 Certificate of Commendation to Karl L. Bartelsmeyer 03 - 10 ...... 629 REGULATORY AGENDA COMMERCE COMMISSION, ILLINOIS Digital Divide Elimination Infrastructure Grants (Part number undeterminded at this time) ...... 630 Standard Filing Requirements for Electric, Gas, Water and Sewer Utilities and Telecommunications Carriers in Filing for an Increase in 83 Ill. Adm. Code 285 ...... 630 Standards of Service for Local Exchange Telecommunication Carriers 83 Ill. Adm. Code 730 ...... 630 Interconnection 83 Ill. Adm. Code 790 ...... 630 Cost of Service 83 Ill. Adm. Code 791 ...... 630 Imputation 83 Ill. Adm. Code 792 ...... 630
iv
EDUCATION, ILLINOIS STATE BOARD OF Standards for Certification in Specific Teaching Fields 23 Ill. Adm. Code 27 ...... 637 Transitional Bilingual Education 23 Ill. Adm. Code 228 ...... 637 Alternative Learning Opportunities Program 23 Ill. Adm. Code 240 ...... 637 EDUCATIONAL LABOR RELATIONS BOARD, ILLINOIS Public Information, Rulemaking, Organization and Personnel 2 Ill. Adm. Code 2675 ...... 640 Freedom of Information 2 Ill. Adm. Code 2676 ...... 640 Americans with Disabilities Act Grievance Procedure 4 Ill. Adm. Code 900 ...... 640 General Procedures 80 Ill. Adm. Code 1100 ...... 640 Hearing Procedures 80 Ill. Adm. Code 1105 ...... 640 Representation Procedures 80 Ill. Adm. Code 1110 ...... 640 Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120 ...... 640 Fair Share Fee Objections 80 Ill. Adm. Code 1125 ...... 640 Collective Bargaining and Impasse Resolution 80 Ill. Adm. Code 1130 ...... 640 University of Illinois Bargaining Units 80 Ill. Adm. Code 1135 ...... 640 HOUSING DEVELOPMENT AUTHORITY, ILLINOIS Illinois Affordable Housing Tax Credit Program 47 Ill. Adm. Code 355 ...... 651 NATURAL RESOURCES, DEPARTMENT OF Rulemaking and Organization 2 Ill. Adm. Code 825 ...... 652 Americans with Disabilities Act Grievance Procedure 4 Ill. Adm. Code 1000 ...... 652 Competitive Tournament Fishing on State Owned and/or Leased Water 17 Ill. Adm. Code 115 ...... 652 Horse Barns at Sites Having Equestrian Use Areas 17 Ill. Adm. Code 140 ...... 652 Regulations for the Letting of Concessions, Farm Leases, Sale of Buildings and Facilities, and Demolitions 17 Ill. Adm. Code 150 ...... 652 Firewood Collection 17 Ill. Adm. Code 170 ...... 652 Rental of Boats and Boating Facilities 17 Ill. Adm. Code 210 ...... 652 North Point Marina 17 Ill. Adm. Code 220 ...... 652 North Point Marina Vendors 17 Ill. Adm. Code 230 ...... 652 The Protection of Archaeological Resources 17 Ill. Adm. Code 370 ...... 652 Non-Departmental Archaeological Research on Department of Natural Resources Managed Lands v
17 Ill. Adm. Code 390 ...... 652 Hunting and Trapping Accidents 17 Ill. Adm. Code 515 ...... 652 Hunting Season for Game Breeding and Hunting Preserve Areas 17 Ill. Adm. Code 745 ...... 652 Dog Training on Non-Department Owned or -Managed Lands 17 Ill. Adm. Code 960 ...... 652 Possession of Specimens or Products of Endangered or Threatened 17 Ill. Adm. Code 1070 ...... 652 Consultation Procedures for Assessing Impacts of Agency Actions on Endangered and Threatened Species and Natural Areas 17 Ill. Adm. Code 1075 ...... 652 Implementation Procedures for the Interagency Wetlands Policy Act 17 Ill. Adm. Code 1090 ...... 652 Regulation of Public Use of Illinois Dedicated Nature Preserves 17 Ill. Adm. Code 1510 ...... 652 The Forest Products Transportation Act 17 Ill. Adm. Code 1530 ...... 652 Timber Buyer Licensing and Harvest Fees 17 Ill. Adm. Code 1535 ...... 652 Forest Management Plan 17 Ill. Adm. Code 1537 ...... 652 Urban and Community Forestry Grant Program 17 Ill. Adm. Code 1538 ...... 652 Seed Collection 17 Ill. Adm. Code 1539 ...... 652 Distribution and Sale of Plant and Plant Materials 17 Ill. Adm. Code 1540 ...... 652 Sale of Forest Products 17 Ill. Adm. Code 1545 ...... 652 Forest Fire Protection Districts Act 17 Ill. Adm. Code 1560 ...... 652 Rural Community Fire Protection Program 17 Ill. Adm. Code 1570 ...... 652 Wrongful Tree Cutting 17 Ill. Adm. Code 1585 ...... 652 Falconry and the Captive Propagation of Raptors 17 Ill. Adm. Code 1590 ...... 652 Boat and Snowmobile Registration and Safety 17 Ill. Adm. Code 2010 ...... 652 Capacity Plates Standards on Various Watercraft 17 Ill. Adm. Code 2070 ...... 652 Consignment of Licenses, Stamps and Permits 17 Ill. Adm. Code 2520 ...... 652 Department Revocation Procedures 17 Ill. Adm. Code 2530 ...... 652 Interstate Wildlife Violator Compact 17 Ill. Adm. Code 2535 ...... 652 Relocation Assistance and Payments Program 17 Ill. Adm. Code 2575 ...... 652 Advertising in Department Publications 17 Ill. Adm. Code 2650 ...... 652
Illinois Snowmobile Grant Program vi
17 Ill. Adm. Code 3010 ...... 652 Snowmobile Trail Establishment Fund Grant Program 17 Ill. Adm. Code 3020 ...... 652 Open Space Lands Acquisition and Development Grant Program 17 Ill. Adm. Code 3025 ...... 652 Land and Water Conservation Fund (LWCF) Grant Program 17 Ill. Adm. Code 3030 ...... 652 Boat Access Area Development Program 17 Ill. Adm. Code 3035 ...... 652 Illinois Bicycle Path Grant Program 17 Ill. Adm. Code 3040 ...... 652 Off-Highway Vehicle Recreational Trails Grant Program 17 Ill. Adm. Code 3045 ...... 652 Open Land Trust Grant Program 17 Ill. Adm. Code 3050 ...... 652 Construction in Floodways of Rivers, Lakes and Streams 17 Ill. Adm. Code 3700 ...... 652 Regulation of Public Waters 17 Ill. Adm. Code 3704 ...... 652 Regulation of Construction Within Flood Plains 17 Ill. Adm. Code 3706 ...... 652 Floodway Construction in Northeastern Illinois 17 Ill. Adm. Code 3708 ...... 652 Rules Establishing Horizontal and Vertical Clearances for Bridges Over the Fox River 17 Ill. Adm. Code 3720 ...... 652 The Illinois Explosives Act 62 Ill. Adm. Code 200 ...... 652 Surface Mined Land Conservation and Reclamation Act 62 Ill. Adm. Code 300 ...... 652 Permanent Program Performance Standards--Surface Mining Activities 62 Ill. Adm. Code 1816 ...... 652 PROFESSIONAL REGULATION, DEPARTMENT OF Massage Therapy Act (New Part) ...... 690 Humane Euthanasia in Animal Shelters Act (New Part)...... 690 Electrology (New Part) ...... 690 Acupuncture Practice Act 68 Ill. Adm. Code 1140 ...... 690 Illinois Architecture Practice Act of 1989 68 Ill. Adm. Code 1150 ...... 690 Illinois Athletic Trainers Practice Act 68 Ill. Adm. Code 1160 ...... 690 Illinois Certified Shorthand Reporters Act of 1984 68 Ill. Adm. Code 1200 ...... 690 Funeral Directors and Embalmers Licensing Code 68 Ill. Adm. Code 1250 ...... 690 Interior Design Profession Title Act 68 Ill. Adm. Code 1255 ...... 690 Medical Practice Act of 1987 68 Ill. Adm. Code 1285 ...... 690 Naprapathic Practice Act 68 Ill. Adm. Code 1295 ...... 690 Nursing Home Administrators Licensing and Disciplinary Act 68 Ill. Adm. Code 1310 ...... 690 Illinois Occupational Therapy Practice Act vii
68 Ill. Adm. Code 1315 ...... 690 Optometric Practice Act of 1987 68 Ill. Adm. Code 1320 ...... 690 Perfusionist Practice Act 68 Ill. Adm. Code 1335 ...... 690 The Professional Engineering Practice Act of 1989 68 Ill. Adm. Code 1380 ...... 690 NOTICES REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER HOUSING DEVELOPMENT AUTHORITY, ILLINOIS Annual Plan of the Advisory Commission ...... 702
ISSUES INDEX x
Editor’s Notes: The Cumulative Index and Sections Affected Index will be printed on a quarterly basis. The printing schedule for the quarterly and annual indexes are (End of March, June, Sept, Dec) as follows:
Issue 3 - January 10, 2003: Data through December 31, 2002 (Annual) Issue 15 - April 11, 2003: Data through March 31, 2003 (1ST Quarter) Issue 28 - July 11, 2003: Data through June 30, 2003 (2nd Quarter) Issue 41 - October 10, 2003: Data through September 29, 2003 (3rd Quarter) Issue 2 - January 9, 2004: Data through December 29, 2003 (Annual)
If I may draw your attention to the following:
Section 100.610 Notice of Emergency Rules
a) Each emergency rule submitted for publication in the Illinois Register shall include a Notice of Emergency Rules (Amendments, Repealers) (see 100.Appendix C, Illustration A) at the beginning of which the information listed in subsections (a)(1) through (12) below shall appear. On the next page, the full text of the rules, amendments, or repealer and, if the rulemaking amends or repeals an existing Part, the text shall appear as it is on file in the Index Department with all changes indicated by strike-outs and/or underscoring. b) Under the Section Numbers and Emergency Action columns at the beginning of the Notice of Emergency Rules (see subsection (a)(3) of this Section) shall be listed the specific Section number(s) and the specific action being taken. If several actions are occurring, each Section affected must be listed on a separate line with the appropriate action listed on the same line under the correct column. This enables the Index Department staff to accurately compile the Sections Affected Index for each week's Register. All Appendices, Exhibits, Illustrations and Tables on which rulemaking activity is occurring must be listed in these columns. c) All emergency action to one Part shall appear on one Notice, unless the Part is being repealed in its entirety and replaced by a new Part (same subject matter) by emergency action. In this instance only, two Notices, one for the repealer and one for the new Part, will be accepted for publication in one issue of the Register.
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INTRODUCTION The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category. The Register will also contain the Cumulative Index and Sections Affected Indices will be printed on a quarterly basis. The printing schedule for the quarterly and annual indexes are the end of March, June, Sept, Dec.
Rulemaking activity consist 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 statue; 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 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' The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5ILCS 100/1-1 et seq.].
2002 REGISTER SCHEDULE VOLUME # 27
Issue# Copy Due by 4:30 pm Publication Date Issue# Copy Due by 4:30 pm Publication Date Issue 1 December 23, 2002 January 03, 2003 Issue 38 September 08, 2003 September 19, 2003 Issue 2 December 31, 2002 January 10, 2003 Issue 39 September 15, 2003 September 26, 2003 Issue 3 January 06, 2003 January 17, 2003 Issue 40 September 22, 2003 October 03, 2003 Issue 4 January 13, 2003 January 24, 2003 Issue 41 September 29, 2003 October 10, 2003 Issue 5 January 21, 2003 January 31, 2003 Issue 42 October 06, 2003 October 17, 2003 Issue 6 January 27, 2003 February 07, 2003 Issue 43 October 14, 2003 October 24, 2003 Issue 7 February 03, 2003 February 14, 2003 Issue 44 October 20, 2003 October 31, 2003 Issue 8 February 10, 2003 February 21, 2003 Issue 45 October 27, 2003 November 07, 2003 Issue 9 February 18, 2003 February 28, 2003 Issue 46 November 03, 2003 November 14, 2003 Issue 10 February 24, 2003 March 07, 2003 Issue 47 November 10, 2003 November 21, 2003 Issue 11 March 03, 2003 March 14, 2003 Issue 48 November 17, 2003 November 28, 2003 Issue 12 March 10, 2003 March 21, 2003 Issue 49 November 24, 2003 December 05, 2003 Issue 13 March 17, 2003 March 28, 2003 Issue 50 December 01, 2003 December 12, 2003 Issue 14 March 24, 2003 April 04, 2003 Issue 51 December 08, 2003 December 19, 2003 Issue 15 March 31, 2003 April 11, 2003 Issue 52 December 15, 2003 December 26, 2003 Issue 16 April 07, 2003 April 18, 2003 Issue 17 April 14, 2003 April 25, 2003 Issue 18 April 21, 2003 May 02, 2003 Issue 19 April 28, 2003 May 09, 2003 Issue 20 May 05, 2003 May 16, 2003 Issue 21 May 12, 2003 May 23, 2003 Issue 22 May 19, 2003 May 30, 2003 Issue 23 May 27, 2003 June 06, 2003 Issue 24 June 02, 2003 June 13, 2003 Issue 25 June 09, 2003 June 20, 2003 Issue 26 June 16, 2003 June 27, 2003 Issue 27 June 23, 2003 July 04, 2003 Issue 28 June 30, 2003 July 11, 2003 Issue 29 July 07, 2003 July 18, 2003 Issue 30 July 14, 2003 July 25, 2003 Issue 31 July 21, 2003 August 01, 2003 Issue 32 July 28, 2003 August 08, 2003 Issue 33 August 04, 2003 August 15, 2003 Issue 34 August 11, 2003 August 22, 2003 Issue 35 August 18, 2003 August 29, 2003 Issue 36 August 25, 2003 September 05, 2003 Issue 37 September 02, 2003 September 12, 2003 Printed by authority of the State of Illinois July 2001 - 675 - GA -82
ix ILLINOIS REGISTER 386
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED ADMENDMENT
1) Heading of the Part: The Travel Regulation Council
2) Code Citation: 80 Ill. Adm. Code 3000
3) Section Numbers: Proposed Action:
3000.300 Amendment
4) Statutory Authority: Implementing and authorized by Sections 12-1, 12-2 and 12-3 of the State Finance Act [30 ILCS 105/12-1, 12-2 and 12-3].
5) A Complete Description of the Subjects and Issues Involved: 30 ILCS 105/12-2(b) ties the auto mileage reimbursement rate to the federal rate and goes on to say that changes to the federal rate made during the State’s fiscal year will not be effective until the following July 1. The intent of this language was to protect agency budgets should the federal government increase the mileage reimbursement rate in the middle of the State’s fiscal year. We anticipate that the federal rate will decrease in the next few days. To effectuate the intent and to save the State unneeded and unaffordable expense, this amendment will clarify that federal rate changes to decrease the mileage reimbursement rate go into effect immediately and changes that increase the rate go into effect the following July 1.
6) Will this rulemaking replace any emergency rulemaking currently in effect? Yes
7) Does this rulemaking contain an automatic repeal date? No
8) Does this rulemaking contain incorporations by reference? No
9) Are there any other proposed amendments pending on this Part? No
10) Statement of Statewide Policy Objectives: These proposed amendments neither create nor expand any State mandate on units of local government, school districts or community college districts.
11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit written comments within 45 days after the date of publication to:
Ben Bagby 386 ILLINOIS REGISTER 387
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED ADMENDMENT
Illinois Department of Central Management Services 720 Stratton Office Building Springfield IL 62706 217/782-9669
12) 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
13) Regulatory Agenda on which this rulemaking was summarized: This amendment was not included on either of the 2 most recent agendas because the issue was recently discovered and discussed at the Travel Regulation Council meeting on December 10, 2002.
The full text of the Proposed Amendment is identical to the text of the Emergency Amendment that appears on page 557 of this issue of the Illinois Register.
387 ILLINOIS REGISTER 388
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
1) The Heading of the Part: Licensing Standards for Day Care Homes
2) Code Citation: 89 III. Adm. Code 406
3) Section Numbers: Proposed Actions
406.2 Amend 406.4 Amend 406.6 Amend 406.8 Amend 406.9 Amend 406.12 Amend 406.13 Amend 406.14 Amend 406.22 Amend 406.23 Amend 406.24 Amend 406.26 Amend Appendix D Amend
4) Statutory Authority: Child Care Act of 1969 [225 ILCS 10], the Children’s Product Safety Act [430 ILCS 125], and the Abused and Neglected Child Reporting Act [325 ILS 5/3]
5) A Complete Description of the Subjects and Issues Involved: In addition to formatting and grammatical corrections, the Department is amending Part 406 as follows:
In Section 406.2, the definitions of “corporal punishment,” “day care capacity”, “extended capacity”, “preschool age”, and “SACWIS” were added. In addition clarifications were made to the definitions of “CANTS”, caregiver”, “family home”, and “premises”.
In Section 406.4, the requirement was added that at least 3 positive references, and a written licensing study signed by the licensing supervisor be provided prior to recommending issuance of a license.
In Section 406.6, in paragraph (a) a clarification was added the when there are joint licensees, these applicants must be related and live in the home. The provision that no facility shall be licensed to provide care for more than 18hours within a 24-hour period was also added. 388 ILLINOIS REGISTER 389
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
In Section 406.8, the statement that firearms and ammunition stored on the premises shall be available to the licensing representative for inspection was added.
In Section 406.9, a recent amendment to the Child Care Act requiring that the licensee obtain training in providing care to children with disabilities was added in accordance with Public Act 92-0164. Additional requirements include:
• That the caregiver be a stable, law abiding, responsible mature individual; • That the caregiver be present in the home when children are in attendance unless a qualified substitute caregiver is arranged; • That corporal punishment is not to be used on children; • That the caregiver be awake, alert, and be able to supervise when providing care; and • That applicants not provide false or misleading information regarding their compliance with applicable regulations.
In Section 406.12, the requirement that no child shall remain on the premises for more than 18 consecutive hours was clarified. In addition, a requirement was added that day care homes shall have a written policy explaining to the parents and guardians what actions the caregiver will take when children are not picked up at the agreed time.
Section 406.13, was rewritten for clarification.
In Section 406.14, the requirement that children be immunized against chickenpox before admittance to day care home was added to be consistent with Illinois Department of Public Health rules. The clarifications that hand sanitizers or diaper wipes are not an acceptable substitute for soap and running water when washing children’s hands, and the provision that children shall be supervised at all times and protected from exploitation, abuse or neglect were also added.
In Section 406.22, in order to reduce the risk of Sudden Infant Death Syndrome (SIDS) deaths, the option of putting infants on their side when these infants cannot turn over was removed and the provision of removing soft bedding and other soft products from cribs when children are napping or sleeping was added.
389 ILLINOIS REGISTER 390
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
In Section 406.23, the provisions were added that unrelated children over 2 years may not share a bedroom with children of the opposite sex and that during night time care, the caregiver must sleep on the same floor where children sleep but within hearing distance of the children in care.
In Section 406.24, the acceptance of signature on children’s medical reports by an advanced practice nurse or physician assistant was added according to provisions in P.A. 92-703. Additional reporting requirements were added, such as when a child is missing from the day care center and when there is any change in the household composition.
In Section 406.26, the provision that licensed providers are subject to periodic monitoring while the license is valid was added.
In Appendix D, the topics or courses on carrying for children with disabilities and information about asthma were added as acceptable in-service training requirements.
6) Will these proposed amendments replace an emergency rule currently in effect? No
7) Do these proposed amendments contain an automatic repeal date? No
8) Do these proposed amendments contain incorporations by reference? No
9) Are there any other amendments pending on this Part? No
10) Statement of Statewide Policy Objectives: Not applicable
11) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:
Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice. Comments should be submitted to: Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 390 ILLINOIS REGISTER 391
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
406 E. Monroe, Station #65 Springfield, Illinois 62701-1498 Telephone: (217) 524-1983 TDD: (217) 524-3715 E-Mail: [email protected] Facsimile (217)557-0692
The Department will consider fully all written comments on this proposed rulemaking submitted during the 45-day comment period. Comments submitted by small businesses should be identified as such.
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses affected: This rulemaking affects home operated child care businesses that are subject to licensure by the Department.
B) Reporting, bookkeeping or other procedures required for compliance: There are no additional costs to small businesses.
C) Types of professional skills necessary for compliance: None
13) Regulatory Agenda on which this rulemaking was summarized: The amendments regarding Licensing Standards for Day Care Homes were not anticipated.
The full text of the proposed rulemaking begins on the next page.
391 ILLINOIS REGISTER 392
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER e: REQUIREMENTS FOR LICENSURE
PART 406 LICENSING STANDARDS FOR DAY CARE HOMES
Section 406.1 Purpose 406.2 Definitions 406.3 Effective Date of Standards (Repealed) 406.4 Application for License 406.5 Application for Renewal of License 406.6 Provisions Pertaining to the License 406.7 Provisions Pertaining to Permits 406.8 General Requirements for Day Care Homes 406.9 Characteristics and Qualifications of the Day Care Family 406.10 Qualifications for Assistants 406.11 Substitutes 406.12 Admission and Discharge Procedures 406.13 Number and Ages of Children Served 406.14 Health, and Medical Care and Safety 406.15 Discipline of Children 406.16 Activity Requirements 406.17 Nutrition and Meals 406.18 Transportation of Children By Day Care Home 406.19 Swimming 406.20 Children with Special Needs 406.21 School Age Children 406.22 Children Under 30 Months of Age 406.23 Night Care 406.24 Records and Reports 406.25 Confidentiality of Records and Information 406.26 Cooperation with the Department 406.27 Severability of This Part APPENDIX A Meal Pattern Chart for Children 0 to 12 Months of Age APPENDIX B Meal Pattern Chart for Children Over One Year of Age APPENDIX C Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Day Care Home
392 ILLINOIS REGISTER 393
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
APPENDIX D In-service Training
AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10], the Children’s Product and Safety Act [430 ILCS 125], Section 3 of the Abused and Neglected Child Reporting Act [325 ILCS 5/3], and Sections 1 and 2 of the Facilities Requiring Smoke Detectors Act [425 ILCS 10/1 and 2].
SOURCE: Adopted and codified at 7 Ill. Reg. 7855, effective July 1, 1983; amended at 8 Ill. Reg. 24951, effective January 1, 1985; amended at 9 Ill. Reg. 2454, effective March 1, 1985; emergency amendment at 15 Ill. Reg. 15088, effective October 8, 1991, for a maximum of 150 days; modified at 16 Ill. Reg. 2269; amended at 16 Ill. Reg. 7602, effective April 30, 1992; amended at 18 Ill. Reg. 5531, effective April 1, 1994; amended at 19 Ill. Reg. 2765, effective February 23, 1995; amended at 21 Ill. Reg. 4524, effective April 1, 1997; emergency amendment at 24 Ill. Reg. 4207, effective March 1, 2000, for a maximum of 150 days; emergency expired July 28, 2000; amended at 24 Ill. Reg. 17047, effective November 1, 2000; amended at 25 Ill. Reg. 5714, effective April 1, 2001; amended at 27 Ill., Reg ____, effective ______.
Section 406.2 Definitions
“Access to children” means an employee’s job duties require that the employee be present in a licensed child care facility during the hours that children are present in the facility. In addition, any person who is permitted to be alone outside the visual or auditory supervision of facility staff with children receiving care in a licensed child care facility is subject to the background check requirements of this Part.
"Adult" means any person who is 18 years of age or older.
“Applicant” means a person living in the residence to be licensed who will be the primary caregiver in the day care home.
"Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal. (Section 2 of the Facilities Requiring Smoke Detectors Act [425 ILCS 10/2])
"Assistant" or "child care assistant" means a person (whether a volunteer or an employee) who assists a licensed home caregiver in the operation of the day care home.
393 ILLINOIS REGISTER 394
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
"Attendance" means the total number of children under the age of 12 present at any one time. "Authorized representative of the Department" means the licensing representative or any person acting on behalf of the Director of the Department.
"Background check" means:
- a criminal history check via fingerprints of persons age 18 and over that are submitted to the Illinois State Police and the Federal Bureau of Investigation (FBI) for comparison to their criminal history records, as appropriate; and
- a check of the Statewide Automated Child Welfare Information System (SACWIS) Child Abuse and Neglect Tracking System (CANTS) and other state child protection systems, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and
- a check of the Statewide Child Sex Offender Registry.
“Basement” means the story below the street floor where occupants must traverse a full set of stairs, eight or more risers, to access the street floor.
“CANTS” means the Child Abuse and Neglect Tracking System operated and maintained by the Department. This system is being replaced by the Statewide Automated Child Welfare Information System (SACWIS).
"Caregiver" means the individual directly responsible for child care. The caregiver could be the licensee or other qualified person providing care to the children.
"Children with special needs" means children who exhibit one or more of the following characteristics, confirmed by clinical evaluation:
o Visual impairment: the child's visual impairment is such that development to full potential without special services cannot be achieved.
o Hearing impairment: the child's residual hearing is not sufficient to enable him or her to understand the spoken word and to develop language, thus causing extreme deprivation in learning and communication, or a hearing loss is exhibited that prevents full awareness of environmental sounds and spoken language, limiting normal language acquisition and learning. 394 ILLINOIS REGISTER 395
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o Physical or health impairment: the child exhibits a physical or health impairment that requires adaptation of the physical plant.
o Speech and/or language impairment: the child exhibits deviations of speech and/or language processes that are outside the range of acceptable variation within a given environment and prevent full social development.
o Learning disability: the child exhibits one or more deficits in the essential processes of perception, conceptualization, language, memory, attention, impulse control or motor function.
o Behavioral disability: the child exhibits an effective disability and/or maladaptive behavior that significantly interferes with learning and/or social functioning.
o Mental impairment: the child's intellectual development, mental capacity, and/or adaptive behavior are markedly delayed. Such mental impairment may be mild, moderate, severe or profound.
"Consultants" means those individuals providing technical assistance or advice regarding any aspect of the operation of the day care home.
"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. (Section 2- 5 of the Criminal Code of 1961 [720 ILCS 5/2-5])
“Corporal punishment” means hitting, spanking, swatting, beating, shaking, pinching, excessive exercise, exposure to extreme temperatures, and other measures that produce physical pain”.
“Cot” means a comfortable, safe and child-sized alternative bed made of resilient, fire retardant, sanitizable fabric that is on legs or otherwise above the floor and can be stored to allow for air flow.
"Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day. The maximum of 12 children includes the family's natural, foster, or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household. (Section 2.18 of the Child Care Act of 1969 [225 ILCS 10/2.18]) 395 ILLINOIS REGISTER 396
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"Department" means the Illinois Department of Children and Family Services. (Section 2.02 of the Child Care Act of 1969)
"Discipline" means the process of helping children to develop inner controls so that they can manage their own behavior in socially acceptable ways.
“Disinfect” means to eliminate virtually all germs from inanimate surfaces through the use of chemicals or physical agents (e.g., heat). In the child care environment, a solution of ¼ cup household liquid chlorine bleach added to one gallon of water (or one tablespoon bleach to one quart water) and prepared fresh daily is an effective disinfectant for environmental surfaces and other objects. A weaker solution of 1 tablespoon bleach to 1 gallon of cool water is effective for use on toys, eating utensils, etc. Commercial products may also be used.
“Extended capacity” means a maximum of 4 school age children who may be accepted in accordance with 406.13 (c) or (d). This allows the maximum capacity in a day care home to reach 12.
“Family home” or “family residence” means the location or portion of a location where the applicant and his or her family reside, and may include basements and attics. It does not include other structures that are separate from the home but may be are considered part of the overall premises, such as adjacent apartments, unattached basements in multi- unit buildings, unattached garages, and other unattached buildings.
"Ground level" means that a child can step directly from the exit onto the ground, a sidewalk, a patio, or any surface that is not above or below the ground.
"Guardian" means the guardian of the person of a minor. (Section 2.03 of the Child Care Act of 1969 [225 ILCS 10/2.03])
“Infant” means a child through 12 months of age.
"Initial background check" means fingerprints have been obtained for a criminal history check, and the individual has cleared a check of the Child Abuse and Neglect Tracking System and the Statewide Child Sex Offender Registry.
"License" means a document issued by the Department that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969. 396 ILLINOIS REGISTER 397
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"License applicant", for purposes of background checks, means the operator or person with direct responsibility for daily operation of the facility to be licensed. (Section 4.4 of the Child Care Act of 1969 [225 ILCS 10/4.4])
"License study" means the review of an application for license, on-site visits, interviews, and the collection and review of supporting documents to determine compliance with the Child Care Act of 1969 and the standards prescribed by this Part.
"Licensed capacity" means the number of children the Department has determined the day care home can care for at any one time in addition to any children living in the home who are under the age of 12 years. means the maximum number of children receiving child care under age 12 permitted in the home at any one time. Children age 12 and over on the premises are not considered in determining license capacity.
"Licensing representative" means a person authorized by the Department under Section 5 of the Child Care Act of 1969 to examine facilities for licensure.
"Member of the household" means a person who resides in a family home as evidenced by factors including, but not limited to, maintaining clothing and personal effects at the household address, or receiving mail at the household address, or using identification with the household address.
"Minor traffic violation" means a traffic violation under the laws of the State of Illinois or any municipal authority therein or another state or municipal authority that is punishable solely as a petty offense. (See Section 6-601 of the Illinois Driver Licensing Law [625 ILCS 5/6-601])
"Parents", as used in this Part, means those persons assuming legal responsibility for care and protection of the child on a 24-hour basis; includes guardian or legal custodian.
"Permit" means a one-time only document issued by the Department of Children and Family Services for a two-month period to allow the individuals to become eligible for a license.
"Person" means any individual, group of persons, agency, association, or organization.
"Persons subject to background checks" means:
- the operators of the child care facility; 397 ILLINOIS REGISTER 398
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- all current and conditional employees of the child care facility; - any person who is used to replace or supplement staff; and - any person who has access to children, as defined in this Section.
If the child care facility operates in a family home, the license applicants and all members of the household age 13 and over are subject to background checks, as appropriate, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.
"Physician" means a person licensed to practice medicine in the State of Illinois or a contiguous state.
"Premises" means the location of the day care home wherein the family resides and includes the attached yard, garage, basement and any other outbuildings.
“Preschool age” means children under five years of age and children five years old who do not attend full day kindergarten.
"Program" means all activities provided for the children during their hours of attendance in the day care home.
"Protected exit from a basement" means an exit that is separated from the remainder of the day care home by barriers (such as walls, floors, or solid doors) providing one-hour fire resistance. The separation must be designed to limit the spread of fire and restrict the movement of smoke.
“SACWIS” means the Statewide Automated Child Welfare Information System operated by the Illinois Department of Children and Family Services that is replacing the Child Abuse and Neglect Tracking System (CANTS).
"School age" means children from 6 to 12 years of age and 5 year olds who are in full-day kindergarten.
"Special use areas" means areas of the home that may not be included in the measurements of the area used for child care. Special use areas include, but are not limited to, laundry rooms, furnace rooms, bathrooms, hazardous areas, and areas off-limits to children.
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“Story” means that level of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. “Street floor” means a story or floor level accessible from the street or from outside a building at ground level, with the floor level at the main entrance located not more than 4 risers above or below the ground level and arranged and utilized to qualify as the main floor.
"Supervising agency," as used in this Part, means a licensed child welfare agency, a licensed day care agency, or the Department.
“Swimming pool” means any natural or artificial basis of water intended for public swimming or recreational bathing which exceeds 2'6" in depth as specified in the Illinois Swimming Pool and Bathing Beach Act and Code (77 Ill. Adm. Code 820). The term includes bathing beaches and pools at private clubs, health clubs, or private residences when used for children enrolled in a child care facility.
“Wading pool” means any natural or artificial basin of water less than 2'6" in depth that is intended for recreational bathing, water play or similar activity. The term includes recessed areas less than 2’6” in depth in swimming pools that are designated primarily for children.
(Source: Amended at 27 Ill. Reg._____, effective ______)
Section 406.4 Application for License
a) A complete application shall be filed with the Department of Children and Family Services by the supervising agency on forms prescribed and provided by the Department.
b) A complete application shall include:
1) a completed, signed and dated Application for Home License;
2) a list of persons who will be working in the day care home, including any substitutes and assistants, and members of the household age 13 and over;
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3) completed, signed and dated authorizations to conduct the background check for the applicants, each employee or person used to replace or supplement staff, and each member of the household age 13 and over; 4) a completed, signed and dated Family Home Information form; 45) a completed, signed and dated Child Support Certification form; and
56) the names, addresses and telephone numbers of at least 3 adults not related to the applicants, nor living in the household, who can attest to their character and suitability to provide child care.
c) The supervising agency shall study each day care home under its supervision before recommending issuance of a license. The licensing study shall be conducted by a licensing representative and shall be reviewed and approved by his/her supervisor. Supervisory approval indicates recommendation for license or denial of a license and compliance or non-compliance with the standards prescribed by this Part. The study shall be in writing and shall be signed by the licensing representative performing the study and by his/her supervisor. A license may not be recommended without the receipt of at least 3 positive, written references, and a written study signed by the licensing representative and supervisor. The applicant shall receive a copy of the results of the on-site compliance review upon request. d) A new application shall be filed when any of the following occurs:
1) When an application for a license has been withdrawn, and the licensee or agency seeks to reapply;
2) When there is a change in the name of the licensee, the location of the day care home, or the supervising agency;
3) When there is a change in the status of joint licensees, such as separation, divorce or death; or
4) Not sooner than 12 months after the Department has revoked or refused to renew a license and a new license is sought.
e) Written approval Approval of the supervising agency is required to effect changes in the license capacity or the ages of children served in conformance with the requirements of Section 406.13. Approval will not be granted unless the day care 400 ILLINOIS REGISTER 401
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home’s current operation is in compliance with the standards prescribed by this Part.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 406.6 Provisions Pertaining to the License
a) The licensees shall be a primary caregiver or caregivers who reside in the family home and meet the requirements of this Part. If there are joint licensees, they must be related or connected through membership in the same family, and both must live in the family home.
b) A day care home license is valid for three years unless revoked by the Department or voluntarily surrendered by the licensee. c) The number and age of children under age 12 cared for in the day care home at any one time shall be in compliance with provisions in Section 406.13. not exceed the license capacity. However, the caregiver may accept one additional school-age child in accordance with Section 406.13(e), as long as the total number of children in the home under age 12 does not exceed 12 children.
d) The age limits specified on the license shall be observed, unless the licensee has submitted a transition plan to the Department in accordance with Section 406.13(f) in order to keep members of a sibling group together and the Department has approved the plan.
e) Child care may be provided only in those areas specified on the license.
f) The license is valid only for the family residence of the licensee and shall not be transferred to another person or other legal entity.
g) The license shall not be valid for a name or location other than the name and location on the license. h) No day care home provider shall be licensed to provide care for more than 18 hours within a 24-hour period.
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ih) The license shall be prominently displayed in the home at all times.
ji) There shall be no fee or charge for the license.
(Source: Amended at 27 Ill. Reg., effective ______)
Section 406.8 General Requirements for Day Care Homes
a) The physical facilities of the home, both indoors and outdoors, shall meet the following requirements for safety to children.
1) The home shall have a first aid kit consisting of adhesive bandages, scissors, syrup of ipecac, thermometer, non-permeable gloves, Poison Control Center telephone number (1-800-222-1222 or 800-942-5969), sterile gauze pads, adhesive tape, tweezers and mild soap. Syrup of ipecac shall only be dispensed upon direction from a physician or the Poison Control Center.
2) The kitchen shall be equipped with a an readily accessible and operable fire extinguisher rated for Class A, B, and C fires and a flashlight in working order.
3) Electrical outlets that are within reach of children under 5 years of age shall have protective coverings. There shall be no exposed or uninsulated wiring.
4) The home shall be equipped with a minimum of one approved smoke detector in operating condition on every floor level, including basements and occupied attics.
A) A smoke detector in operating condition shall be within 15 feet of rooms where children nap or sleep. The detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6 inches from the ceiling. In addition, there shall be at least one detector at the beginning and end of each separate corridor or hallway 200 feet or more in length in any occupied story.
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B) Further, inIn any facility constructed after December 31, 1987, or which undergoes substantial remodeling of its structure or wiring system after that date, the smoke detectors shall be permanently wired into the structure's AC power line, and, if more than one detector is required to be installed, the detectors shall be wired so that the activation of one detector will activate all the detectors in the facility unit. For purposes of this subsection (a)(4), "substantial remodeling" represents more than 15% of the replacement cost of the day care home.
C) Compliance with any applicable federal, State or local law, rule or building code which requires the installation and maintenance of smoke detectors in a manner different from this Section, but providing a level of safety for occupants which is equal to or greater than that provided by this Section, shall be deemed to be compliance with this Section. (Section 2 of the Facilities Requiring Smoke Detectors Act [425 ILCS 10/2]).
5) Fixed space heaters, fireplaces, radiators, and other heating sources in areas occupied by children shall be separated by partitions or a sturdy barrier to prevent contact. Portable space heaters may not be used in a day care home during the hours that child care is provided.
6) Facilities in which a wood-burning stove or fireplace has been installed and which is used during the hours that child care is provided shall provide a written plan of how the stove or fireplace will be used and what actions will be taken to ensure the children’s safety when in use.
7) When the basement area may be used for child care, 2 exits shall be provided.
A) At least one exit shall be a basement exit via a door directly to the outside (without traversing any other level of the home) or a protected exit from a basement via a door or stairway that allows unobstructed travel directly to the outside of the building at street or ground level. The stairway may not be more than 8 feet high.
B) A second exit may be a window.
i) The window shall be operable from the inside without the 403 ILLINOIS REGISTER 404
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use of tools; and
ii) that provides a clear opening not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area.
iii) If a window is used as a second exit, the bottom of the window opening shall be no more than 44 inches above the floor.
iv) When the bottom of the window opening used as a second exit is greater than 24 inches above the floor, there shall be a permanently affixed, sturdy ramp or stairs located below the window to allow speedy access in the event of an emergency.
C) If the basement area does not meet these exiting requirements, the basement may be used for child care only with the prior written approval of the Office of the State Fire Marshal or local agencies authorized by the Office of the State Fire Marshal to conduct inspections on its behalf.
8) All walls and surfaces shall be free from chipped or peeling paint.
9) Walls of rooms that children use shall be maintained free of lead paint.
10) Furniture and equipment shall be kept in safe repair.
11) First aid supplies, medication, cleaning materials, poisons, sharp scissors, plastic bags, sharp knives, cigarettes, matches, lighters, flammable liquids, and other hazardous materials shall be stored in places inaccessible to children. Hazardous items for infants and toddlers also include items that can cause choking, including but not limited to: coins, balloons, safety pins, marbles, Styrofoam (trademark) and similar products, and sponge, soft rubber or soft plastic toys that can be bitten or broken into small pieces.
12) Tools and gardening equipment shall be stored in locked cabinets, if possible, or in places inaccessible to all children.
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13) Handguns are prohibited on the premises of the day care home except in the possession of peace officers or other adults who must possess a handgun as a condition of employment and who reside in the day care home.
14) Any firearm, other than a handgun in the possession of a peace officer or other person as provided in subsection (a)(13), shall be kept in a disassembled state, without ammunition, in locked storage in a closet, cabinet, or other locked storage facility inaccessible to children. Ammunition for such firearms shall be kept in locked storage separate from that of the disassembled firearms, inaccessible to children.
15) The operator of the home shall notify the parents or guardian of any child accepted for care that firearms and ammunition are stored on the premises. The operator shall also notify the parents or guardian that such firearms and ammunition are locked in storage inaccessible to children. (Section 7 of the Act) Such notification need not disclose the location where the firearms and ammunition are stored but shall be available for inspection by the licensing representative.
16) There shall be written plans for immediate evacuation in case of emergency. The evacuation plan shall identify the exits from each area used for child care and shall specify the evacuation route. Monthly fire drills shall be conducted for the purpose of removing children from the home as quickly as possible. Tornado drills shall be conducted monthly for the purpose of getting children accustomed to moving to a position of safety in the event of a tornado. Records shall be maintained of the dates and times required drills are conducted.
17) Exit doors shall be kept clear of equipment and debris at all times.
18) In the event of a fire, the day care home shall be evacuated immediately and the children's safety insured before calling the fire department or attempting to combat the fire.
19) There shall be an operable telephone available on the premises of the licensee. The number of the Poison Control Center (1-800-942-5969 or 1- 800-222-1222) and other emergency numbers shall be posted in an area that is readily available in an emergency.
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20) All in-ground swimming pools located in areas accessible to children shall be fenced. The fence shall be at least 5 feet in height and secured by a locked gate. Day care homes that have a license or a permit on April 1, 2001 and are in compliance with the requirement for a 3½ foot fence shall be considered in compliance with the fence requirement.
21) All above-ground pools shall have non-climbable sidewalls that are at least 4 feet high or shall be enclosed with a 5 foot fence that is at least 36 inches away from the pool’s side wall and secured with a locked gate. When the pool is not in use, steps shall be removed from the pool or otherwise protected to insure the pool cannot be accessed. Day care homes that have a license or a permit on April 1, 2001 and are in compliance with the requirement for a 3½ foot fence shall be considered in compliance with the fence requirement.
22) Portable wading pools shall be emptied daily and disinfected before being air-dried.
23) All hot tubs shall have securely locked covers or otherwise be inaccessible to children.
24) Free hanging cords on blinds, shades and drapes shall be tied or otherwise kept out of reach of children. b) The kitchen shall be clean, equipped for the preservation, storage, preparation and serving of food, and reasonably safe from hazards.
c) Garbage and refuse containers used to discard diapering supplies, food products or disposable meal service supplies in areas for child care shall be disinfected daily unless plastic liners are used and disposed of daily. d) A safe and sanitary water supply shall be maintained. If a private water supply is used instead of an approved public water supply, the applicant shall supply written records of current test results indicating the water supply is safe for drinking. New test results must be provided prior to relicensing. If nitrate content exceeds ten parts per million, bottled water must be used for children under 15 months of age. e) Hot and cold running water shall be provided. Caregivers shall always test the hot water before allowing children less than 5 years of age to use the water. 406 ILLINOIS REGISTER 407
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f) Insect and rodent control shall be maintained.
1) All outside doors except those with operable self-closing devices, operable windows, and other openings used for ventilation shall be screened.
2) Chemicals for insect and rodent control shall be applied in minimum amounts and shall not be used when children are present. Over-the- counter products may be used only according to package instructions. Commercial chemicals, if used, shall be applied by a licensed pest control operator and shall meet all standards of the Department of Public Health (Structural Pest Control Code, 77 Ill. Adm. Code 830). A record of any pesticides used shall be maintained. g) Healthy household pets that present no danger to children are permitted.
1) A licensed veterinarian shall certify that the animals are free of diseases that could endanger the children's health and that dogs and cats have been inoculated for rabies.
2) If certification is not available, animals shall be confined at all times in an area inaccessible to children.
3) There shall be careful supervision of children who are permitted to handle and care for the animals.
4) Immediate treatment shall be available to any child who is bitten or scratched by an animal.
5) The presence of monkeys, ferrets, turtles, iguanas, psittacine birds (birds of the parrot family) or any wild or dangerous animal is prohibited in areas accessible to children during the hours the day care home is in operation. Wild and dangerous animals include, but are not limited to, venomous and constricting snakes, undomesticated cats and dogs, raccoons, and other animals determined to be dangerous by local public health authorities.
h) Indoor space shall consist of a clean, comfortable environment for children.
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1) The day care home shall be well-ventilated, free from observable hazards, properly lighted and heated, and free of fire hazards.
2) The dwelling shall be kept clean, sanitary, and in good repair.
3) There shall be provision for isolating a child who becomes ill or who is suspected of having a contagious disease.
4) When used for child care, basement floors shall have protective covering such as, but not limited to, tile, carpet, linoleum. Paint or sealer alone is not acceptable as a protective covering.
5) When children under 30 months of age are in care, stairs leading to second levels, attics or basements shall be fitted with a sturdy gate, door or other barrier to prevent the children’s access to stairs without adult supervision. Such a barrier shall be moveable enough so as not to impede evacuation, if necessary. i) The licensee shall identify those areas in the home used for child care. The identified areas minus any special use areas shall be measured to calculate the square footage available for child care. When the license capacity of the home exceeds 8 children, there shall be:
1) A minimum of 35 square feet of floor space per each child in care, and
2) An additional 20 square feet of floor space for each child under 30 months of age when the play area is the same as the sleep area. However, if portable bedding is used for napping, then removed, the licensing representative shall approve the use of only 35 square feet of space for each child if the applicant/ licensee has adequate storage for the bedding materials and the bedding materials are removed before and after nap time. j) No person may smoke tobacco in any area of the day care home in which day care services are being provided to children, while those children are present on the premises. In addition, no person may smoke tobacco while providing transportation, in either an open or enclosed motor vehicle, to children who are receiving child care services. Nothing in this subsection prohibits smoking in the home in the presence of a person's own children or in the presence of children to whom day care services are not then being provided. [225 ILCS 10/5.5]
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k) There shall be safe outdoor space for active play.
1) Space shall be provided for play in yards, nearby parks or playgrounds under adult supervision.
2) Space shall be protected by physical means or by adult caregiver supervision against all hazards such as pools, ponds, standing water, traffic, and construction. 3) Play areas shall be well drained and safely maintained.
4) All pieces of outdoor equipment used by children 5 years of age and younger on the day care home premises that is purchased or installed on or after April 1, 2001 shall meet the following standards to guard against entrapment or situations that may cause strangulation.
A) Openings in exercise rings shall be smaller than 4½ inches or larger than 9 inches in diameter.
B) There shall be no openings in a play structure with a dimension between 3½ inches and 9 inches (except for exercise rings). Side railings, stairs and other locations that a child might slip or climb through shall be checked for appropriate dimensions.
C) Distances between vertical slats or poles, where used, must be 3½ inches or less (to prevent head entrapment).
D) No opening shall form an angle of less than 55 degrees unless one leg of the angle is horizontal or slopes downward.
E) No opening shall be between 3/8 inch and one inch in size (to prevent finger entrapment).
5) The use of a trampoline by children in care is prohibited.
6) Children shall be closely supervised by the caregiver when If public parks or playgrounds are used for play, the children shall be closely supervised by the caregiver during play and while traveling to and from the area.
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7) Supervision shall be provided during outdoor play by caregivers who meet the requirements of Section 406.9 below.
l) Operation of other business on the premises must not interfere with the care of children.
m) A day care home may not house bedridden or chronically ill persons except by permission of the supervising agency. The supervising agency shall grant such permission unless the person has a contagious or a reportable communicable disease or requires care that adversely affects the ability of the caregiver to supervise children.
(Source: Amended at 27 Ill. Reg.______, effective ______)
Section 406.9 Characteristics and Qualifications of the Day Care Family
a) No individual may receive a license from the Department when the applicant, a member of the household age 13 and over, or any individual who has access to children cared for in a day care home, or any employee of the day care home, has not authorized the background check required by 89 Ill. Adm. Code 385 (Background Checks) and been cleared in accordance with the requirements of Part 385.
b) Employees subject to background checks may begin employment on a conditional basis while awaiting the results of the background check. Such employees may not be alone with children until the results of the initial background check have been received.
c) Persons who have been the perpetrator of certain types of child abuse or neglect or who have committed or attempted to commit certain crimes may not be licensed to operate a day care home, be a member of the household of a family home in which a day care home operates, or be an employee or volunteer in a day care home. These allegations/criminal convictions are listed in Appendix C of this Part.
d) Day care homes shall be responsible for ensuring that persons subject to criminal background checks make themselves available for fingerprinting when scheduled by the Department or its authorized representatives. Failure of a person subject to criminal background checks to appear for scheduled fingerprinting may result in the denial of a license application or refusal to renew or revocation of an existing 410 ILLINOIS REGISTER 411
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license unless the child care facility can demonstrate it took reasonable measures to insure cooperation with the fingerprinting process. Adequate cause for failure to appear for fingerprinting includes, but is not limited to:
1) death in the family of the person;
2) serious illness of the person or illness in the person's immediate family; or
3) weather or transportation emergencies. e) As a condition of licensure, each licensee or license applicant must certify under penalty of perjury that he or she is current or not more than 30 days delinquent in complying with a child support order. Failure to so certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. (Section 10-65(c) of the Illinois Administrative Procedures Act [5 ILCS 100/10-65(c)]) f) If the licensees or license applicants acknowledge that they are more than 30 days delinquent in complying with an order for child support or, upon completion of the background check, the licensees or license applicants are found to be delinquent despite their certification, the Department shall deny the application for license, refuse to renew the license, or revoke the license unless the licensees or license applicants arrange for payment of past due and current child support and pay child support in accordance with that agreement. g) Members of the household who have contact with the children in care shall treat them with respect, courtesy, and patience. h) The caregiver is responsible for the day-to-day operation of the day care home in accordance with the standards prescribed in this Part.
i) The licensee shall be present in the home when day care children are in attendance unless a qualified substitute caregiver per Section 406.11 is present.
ji) The licensee and other adult members of the household in contact with day care children shall be stable, law abiding, responsible, mature individuals.
k) The caregivers in a day care home shall be at least 18 years of age.
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kj) The caregivers and all members of the household shall provide medical evidence as required by Section 406.24(h) that they are free of reportable communicable disease, and, in the case of caregivers, free of physical or mental conditions that could interfere with the child care responsibilities.
lk) The licensee who is the primary caregiver shall be certified in first aid, the Heimlich maneuver and infant/child cardiopulmonary resuscitation (CPR) by the American Red Cross, the American Heart Association or other entity approved by the Illinois Department of Public Health.
ml) During the hours of operation of the day care home, there shall be at least one person on the premises certified in first aid, the Heimlich maneuver and infant/child cardiopulmonary resuscitation (CPR) by the American Red Cross or the American Heart Association, or other entity approved by the Illinois Department of Public Health. The caregivers shall have on file current certificates attesting to the training. n) The caregiver shall successfully complete a Department approved basic training course in providing care to children with disabilities. Refer to Appendix D for basic course requirements. The licensee shall have on file a certificate attesting to the successful completion of the training.
1) Current license holders shall complete this training within 36 months from the effective date of this Section.
2) New licensees shall complete this training within 36 months from the issue date of the initial license.
3) A licensee who has completed training prior to the effective date of this Section may have that training approved as meeting the provisions of this Section. A certificate of training completion and a description of the course content must be submitted to the Department for approval.
om) Through interaction with the licensing representative, children, parents or guardian of children in care and operation of the day care home in accordance with standards prescribed by this Part, caregivers shall exhibit competence in the following specific areas:
1) Knowledge of basic hygiene, safety, and nutrition.
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2) The ability to relate comfortably with parents and to communicate with them on differences in caregiving methods, values, and goals.
3) The ability to communicate with children.
4) The ability to set realistic controls for children and to enforce these without harshness or physical abuse.
5) Knowledge of the child's need to explore and manipulate and the willingness to provide and maintain a home where children can enjoy living and learning.
6) Using developmentally appropriate behavior management techniques that do not constitute corporal punishment of children. pn) The caregivers may not work or be employed outside the home during the hours that child care is being provided. Outside employment during hours that child care is not being provided shall not interfere with child care. q) The caregiver shall be awake, alert, and able to supervise the children when providing care. ro) The caregivers shall complete 15 clock hours of in-service training per calendar year in accordance with the requirements in Appendix D.
1) Such training may be derived from programs offered by any of the entities identified in Appendix D.
2) Courses or workshops to meet this requirement include, but are not limited to, those listed in Appendix D.
3) The records of the day care home shall document the training in which the caregiver has participated, and these records shall be available for review by the Department. s) Licensees or applicants shall not provide false or misleading information regarding their compliance with the applicable regulations.
(Source: Amended at 27 Ill. Reg.____, effective ______) 413 ILLINOIS REGISTER 414
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Section 406.12 Admission and Discharge Procedures
a) No Child Children served in a day care home shall not remain on the premises for more than 12 hours in any 24-hour period, unless the parent's employment schedule requires more than 12 hours of day care. At no time shall children cared for in a day care facility remain on the premises for more than 18 24 consecutive hours.
b) Prior to acceptance of a child for care, the caregiver shall require that the parent or guardian accompany the child to the home to become acquainted with the caregiver and with the service to be provided. No child under six years of age may be admitted to the day care home unless the health examination, complete with lead risk assessment, if the child resides in an area defined as low risk by the Illinois Department of Public Health or a screening for lead poisoning, if the child resides in an area defined as high risk by the Illinois Department of Public Health (see 77 Ill. Adm. Code 845, Lead Poisoning Prevention Code), has been completed as required by Department of Public Health rules at 77 Ill. Adm. Code 665, Child Health Examination Code.
c) The parent(s) or guardian shall be permitted to visit the home, without prior notice, during the hours their child(ren) is/are in care.
d) A child shall be discharged from the facility only to the child's parent(s) or guardian or to a person designated in writing by the parent(s) or guardian to receive the child.
e) The caregiver shall refuse to release a child to any person, whether related or unrelated to the child, who has not been authorized, in writing, by the parent(s) or guardian to receive the child. Persons not known to the caregiver shall be required to provide a driver's license (with photo) or photo identification card issued by the Illinois Secretary of State to establish their identity prior to a child's release to them.
f) The facility shall maintain a list of persons designated, in writing, by the parent(s), or guardian to whom the facility can be expected to discharge the child at least once per week. These persons, in addition to the parent(s) or guardian, shall constitute the primary list of persons to whom the child may be released. In addition, the facility shall maintain a contingency list of persons designated, in writing, by the parent(s) or guardian to whom the child may be released less 414 ILLINOIS REGISTER 415
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frequently than once per week. When the child is released to a person on the contingency list, the facility shall maintain a record of the person to whom the child was released, the date and time that the child was released, and the manner that the child left the facility (whether on foot, by passenger car, by taxicab or other means of transportation). g) Other discharge provisions of this Section notwithstanding, a child leaving the day care home to attend school shall be released in accordance with the written authorization of the parent(s) or guardian. Such authorization shall include the time that the child is to be released and the means of transportation the child is to use. h) All day care homes shall have a written policy that explains the actions the provider will take if a parent or guardian does not retrieve, or arrange to have someone retrieve, their child at the designated, agreed upon time. The policy shall consist of the provider’s expectations, clearly presented to the parent or guardian, in the form of a written agreement that shall be signed by the parent or guardian, and shall include at least the following elements:
1) The consequences of not picking up the child(ren) on time, including:
A) Amount of late fee, if any, and when those fees begin to accrue;
B) The degree of diligence the provider will use to reach emergency contacts, e.g., number of attempted phone calls to parents and emergency contacts, requests for police assistance in finding emergency contacts; and
C) Length of time the facility will keep the child beyond the pick-up time before contacting outside authorities, such as the child abuse hotline or police.
2) Emphasis on the importance of having up-to-date emergency contact numbers on file.
3) Acknowledgement of the provider’s responsibility for the child’s protection and well-being until the parent or outside authorities arrive.
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4) A reminder to the day care provider that the child is not responsible for the situation. All discussions regarding these situations shall be with the parent or guardian, never the child.
(Source: Amended at 27 Ill. Reg.____, effective ______)
Section 406.13 Number and Ages of Children Served
a) The maximum number of children cared for in a day care home shall be 12 children under the age of 12, including the caregiver's own children, related children, and unrelated children.
a) The maximum number of children under the age of 12 cared for in a day care home by a caregiver alone shall be 8. The maximum number includes the caregiver’s own children, related children and unrelated children under age 12 living in the home.
b) A caregiver alone may care for:
1) A mixed age group consisting of:
A) Up to 8 children under the age of 12, of which
B) Up to 5 children may be under the age of 5, of which
C) Up to 3 children may be under 24 months of age.
2) A mixed age group consisting of:
A) Up to 8 children under the age of 12, of which
B) Up to 6 children may be under the age of 5, of which
C) Up to 2 children may be under 30 months of age.
3) A school age group consisting of 8 school age children, as defined in Section 406.2.
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c) A caregiver and an assistant under age 18 may care for a total of 8 children consisting of:
1) One of the groupings in subsection b) above; or
2) A total of 8 children under 5 years of age of which up to five children may be under 24 months of age.
d) c) A caregiver and an assistant 18 years of age or older may care for: 1) The groupings in subsection b) above, and 4 additional children who are attending school full-time; or
2) 8 children under 5 years of age of which up to 5 children may be under 24 months of age, and 4 additional children who are attending school full- time.
Care provided for the additional before and after school children is limited to children who attend school full-time and it is limited to before and/or after school, holidays, weekends, during unforeseen school closings, and during the summer.
e) The maximum number of children receiving night care shall be eight children and the groupings shall be consistent with (b) and (c) of this Section.
In addition to the children who may receive child care in accordance with subsection (b) (c) above, a day care home may accept 4 additional children who are attending school full-time if a before and/or after school assistant is employed. Care provided for children who attend school full-time is limited to before and/or after school, holidays, weekends, during unforeseen school closings, and during the summer. The assistant shall be present at all times when school children are present and there are more than 8 children in the home.
d) A caregiver and an assistant may care for a total of 8 children under 5 years of age of which up to five children may be under 24 months of age. Four additional children who are attending school full-time may be accepted for care only if the assistant is age 18 or over. The total number of children under the age of 12 in the home shall not exceed the maximum of 12 children. Care provided for children who attend school full-time is limited to before and/or after school, holidays, weekends, during unforeseen school closings, and during the summer.
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f) Any children under age 12 living in the home who are receiving home schooling shall be counted in the maximum of 8 children in subsections b, c, and d, unless another parent or caregiver is providing the schooling apart from the day care area and the caregiver has no responsibility for care or supervision or schooling of the children during the hours home day care is provided.
g)e) In the event of a brief unforeseen school closing, the caregiver may accept one additional school-age child and still be considered in compliance with the capacity requirements, as long as the total number of children under age 12 in the home does not exceed the maximum of 12 children. The caregiver shall maintain a record of the dates, names and ages of the children for whom this care was provided.
h)f) When the acceptance of siblings of children who are already in care will place the licensee out of compliance with the established age groupings, the licensee may develop a transition plan that shall be submitted to the licensing representative for review and approval. The plan may be approved when:
1) The licensee is not currently operating under a transition plan and is in full compliance with all the licensing standards;
2) At least one of the siblings has been in care for 30 days or more; and
3) The transition plan will bring the home back into compliance with the established age groupings within 6 months after the date the plan is approved.
(Source: Amended at 27 Ill. Reg. , effective ______)
Section 406.14 Health, and Medical Care and Safety
a) The caregiver shall conduct a daily, pre-admissions screening to determine if the child has obvious symptoms of illness. If symptoms of illness are present, the caregiver shall determine whether to provide care for the child, depending upon the apparent degree of illness, other children present, and facilities available to provide care for the ill child.
b) Children with diarrhea and those with a rash combined with fever (oral temperature of 101 degrees Fahrenheit or higher or under the arm temperature of 100 degrees Fahrenheit or higher) shall not be admitted to the day care home 418 ILLINOIS REGISTER 419
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while these symptoms persist, and shall be removed as soon as possible should these symptoms develop while the child is in care. c) A medical report, on forms prescribed by the Department, shall be on file for each child, on the first day of care, and shall be dated no earlier than six months prior to enrollment.
1) The medical report shall be valid for 2 years, except that subsequent examinations for school-age children shall be in accordance with the requirements of Section 27.8-1 of the School Code [105 ILCS 5/27-8.1], provided copies of the exam are on file at the facility.
2) Unless the examining physician has made a determination that it is unnecessary, a tuberculin skin test by the Mantoux method and the results of that test shall be included in the initial examination for all children who have attained one year of age, or at the age of one year for children who are enrolled before their first birthday. The tuberculin skin test by the Mantoux method shall be repeated when the children begin elementary and secondary school, unless the examining physician makes a determination that the test is unnecessary.
3) The initial examination shall show that children from the ages of one to 6 years have been screened for lead poisoning for children residing in an area defined as high risk by the Illinois Department of Public Health in its Lead Poisoning Prevention Code (77 Ill. Adm. Code 845) or that a lead risk assessment has been completed for children residing in an area defined as low risk by the Illinois Department of Public Health.
4) The report shall indicate that the child has been immunized as required by the rules of the Illinois Department of Public Health for immunizations (77 Ill. Adm. Code 695). These required immunizations are poliomyelitis, measles, rubella, diphtheria, mumps, pertussis, tetanus, hepatitis B, and haemophilus influenzae B, and varicella (chickenpox) or provide proof of immunity according to requirements in Part 695.50 of the Department of Public Health.
5) In accordance with the Child Care Act of 1969, a parent may request that immunizations, physical examinations, and/or medical treatment be
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waived on religious grounds. A request for such waiver shall be in writing, signed by the parent, and kept in the child's record.
6) Exceptions made for children who for medical reasons should not be subjected to immunizations or tuberculin tests shall be so indicated by the physician on the child's medical form.
d) A child suspected of having or diagnosed as having a reportable infectious, contagious, or communicable disease for which isolation is required by the Illinois Department of Public Health's General Procedures for the Control of Communicable Diseases (77 Ill. Adm. Code 690.1000) shall be excluded from the home until the Illinois Department of Public Health or local health department authorized by it states, in writing, that the communicable, contagious or infectious stage of the disease has passed and that the child may be re-admitted to the day care home. e) Necessary medications shall be administered according to specific written instructions provided by the child’s parents or guardians.
1) Prescription medicine labels must bear the child's name, the physician's name, the name of the drug store or pharmacy, prescription number, date of the prescription, and directions for administering.
2) Non-prescription medication may be administered upon written parental permission that specifies the duration and frequency of medication. Such medication shall be administered in accordance with package instructions, and, except for aspirin and aspirin substitutes, shall be labeled with the child's name and dated.
3) There shall be a signed statement by the child's parent or guardian giving permission to the caregiver to administer medication to the child.
4) The caregiver shall maintain a record of the dates, hours and dosages that are given.
5) Medication shall be returned to the parents when it is no longer required. Additionally, medication provided for a child no longer cared for in the facility and medication that has reached its expiration date shall be destroyed.
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6) Medical services, such as direct medical care to the child, shall be administered as required by a physician, subject to the receipt of appropriate releases from parents. f) In order to reduce the risk of infection or contagion to others, space must be provided in the day care home for the isolation and observation of a child who becomes ill. An ill child shall be provided a bed or cot away from other children and a caregiver or assistant shall supervise the child at all times he/she is in the home. g) When a day care home admits ill or injured children, a plan for the care of such children must be agreed upon with the parents to assure that the needs of the children for rest, attention, personal care and administration of prescribed medication are met. No child requiring exclusion from the home in accordance with 77 Ill. Adm. Code 690 may be admitted. h) Personal hygiene standards, such as the following, shall be observed:
1) Each child shall be provided with an individual towel, washcloth, and drinking cup. Single-use, disposable articles are acceptable.
2) A separate sleeping arrangement, such as a bed, cot, crib, or playpen with individual bedding, shall be provided for each child who naps or sleeps while in care. A twin size bed may be used for 2 children under age 4, provided each child shall have individual sheets.
A) The bed shall be kept in a clean and sanitary condition at all times, and bedding shall be suitable for the season.
B) Family beds may be used for children if separate linens are used.
C) Rubber sheets shall be used when necessary.
3) The caregiver shall require parents to supply clothing suitable to weather conditions, as well as a complete change of clothing in case of need.
4) Caregivers and children shall use soap and running water to wash their hands before meals, after toileting, after diaper changing, and after contact with respiratory secretions. Hand sanitizers or diaper wipes are not an
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acceptable substitute for soap and running water. Caregivers shall always supervise children’s hand washing to ensure that children are not scalded by hot water.
5) Open cuts, sores or lesions on caregivers or children shall be covered.
6) Caregivers shall wash their hands with soap and water prior to food preparation and after any physical contact with a child during food preparation. Hands shall be dried using single-use towels.
7) Sheets shall be changed when soiled and at least weekly.
8) Clothing soiled due to toilet accidents shall be changed immediately. i) Caregivers shall take reasonable measures to reduce the spread of communicable disease among children in the facility by observing such procedures as:
1) Using only washable toys with diapered children;
2) Washing washable toys at least once per day;
3) Cleaning facility-provided stuffed toys;
4) Washing toys mouthed by one child before they are used by another child; and
5) Washing pacifiers and other items placed in the mouth if dropped to the floor or ground. j) There shall be an emergency plan for each child in case of accident or sudden illness.
1) The caregiver shall have available at all times the name, address, and telephone number where the child's parents or guardian, relative, friend, or physician, and the Department can be reached.
2) There shall be a planned source of readily available emergency medical care; a hospital emergency medical room, clinic, or the child's physician.
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3) When the caregiver accompanies a child to the source of emergency care, an adult who meets the standards prescribed by Section 406.11, must assume supervision of other children in the home.
4) In case of illness or accident, the parent, guardian, or supervising agency responsible for the child shall be notified immediately, and the child shall be removed from the home as soon as possible.
k) Children shall be supervised at all times. All children in the home shall be protected from exploitation, neglect, and abuse.
(Source: Amended at 27 Ill. Reg.___, effective ______) Section 406.22 Children Under 30 Months of Age
a) Children under 30 months of age shall not be permitted in bathrooms, kitchens, or other hazardous areas without the caregiver or assistant present.
b) To reduce the incidence of sudden infant death syndrome, children who cannot turn over alone shall be placed on their backs when put down to sleep unless contraindicated by a physician. Placing these children on their abdomens for any reason shall be avoided, unless specifically instructed by the child's physician to do so.
cb) Children under 30 months of age shall be provided a daily program that is designed to meet their needs.
1) The caregiver shall demonstrate warm, positive feelings toward each child through actions such as hugging, patting, smiling, and cuddling.
2) Routines such as naps and feedings shall be discussed with the parents and shall be consistent with the child's routine at home.
34) Non-mobile children who are awake shall be moved to different positions and shall be held, rocked, and carried about.
4) The caregiver shall frequently change the place, position, and toys available for children who cannot move about the room.
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5) Consistent toilet training shall be undertaken at a time mutually agreed upon by parent and caregiver in accordance with the child's age and/or stage of development.
6) Children shall be taken outdoors for a portion of every day, when weather permits, except when the child is ill or unless indicated otherwise by parent or physician. dc) Feeding schedules and procedures shall meet the developmental needs of the children.
1) Flexible feeding schedules of children shall be established to coordinate with parents' schedules at home and to allow for nursing. 2) To reduce the incidence of sudden infant death syndrome, children who cannot turn over alone shall be placed on their sides or backs when put down to sleep unless contraindicated by a physician. Placing children on their abdomens for any reason shall be avoided, unless specifically instructed by the child's physician to do so.
23) Infants shall either be held or be fed sitting up for bottle feeding. Infants unable to sit shall always be held for bottle feeding. When infants are able to hold their own non-glass bottles, they may feed themselves without being held. The bottle must be removed when the child has fallen asleep. Bottle propping and carrying of bottles by young children throughout the day/night shall not be permitted.
34) Bottles shall never be warmed or defrosted in a microwave oven.
45) Children shall be allowed and encouraged to feed themselves when they indicate a readiness to do so.
56) Safe finger foods such as those that dissolve in the mouth may be provided.
ed) Proper standards of hygiene shall be observed in the home.
1) Hands shall be washed with soap and running water and dried before the feeding of each child.
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2) Formula If the child's formula is brought in by the parent, it shall be labeled and placed in the refrigerator.
3) All utensils shall be washed after each use.
4) Foods stored or prepared in jars shall be served from a separate dish for each child. Any leftovers from the serving dish shall be discarded. Leftovers in the jar shall be labeled with the child's name, dated, refrigerated, and served within 24 hours or discarded.
5) A toilet shall be easily accessible so that the contents of reusable diapers may be disposed of before placing the diapers in the diaper pail. Disposable diapers and their contents shall be disposed of in accordance with the manufacturer's instructions. 6) Persons changing diapers shall wash hands under running water with soap after each change of diaper. Hands shall be dried with single-use towels. Additionally, disposable, non-permeable gloves shall be worn when changing a child who has watery or bloody stools.
7) The child whose diaper is being changed is to be washed on the hands and anal area if there has been defecation or if irritation is present.
8) Children who are not toilet trained shall be diapered in their own cribs, at a central diapering area on a surface that is disinfected after each use, or on a disposable paper sheet that is disposed of after each diapering.
9) The toilet seat, if soiled, or potty shall be cleaned after every use.
10) Soiled diapers shall be changed promptly.
11) Sheets shall be changed when soiled, and all sheets shall be changed routinely 2 times per week.
12) All beds shall be wiped clean as often as necessary.
13) Toys and equipment shall be kept clean. fe) A germicidal solution of ¼ cup household chlorine bleach to one gallon of water (or one tablespoon bleach to one quart of water) or other germicidal solution approved by the Centers for Disease Control and Prevention shall be used to clean 425 ILLINOIS REGISTER 426
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surfaces soiled by blood or body fluids. The bleach solution shall be made fresh daily. gf) The equipment must be appropriate to the developmental needs of the children in care.
1) Safe, sturdy, well-constructed individual cribs, playpens, or port-a-cribs for infants shall be equipped with good firm, fitting mattresses made of waterproof materials that can be washed. Washable cots may be used for children 15 months of age and over.
2) Sleeping equipment for children under 15 months must have protection to prevent falls.
3) There shall be no more than 1½ inches of space between the mattress and bed frame when the mattress is pushed flush at one corner of the crib.
4) Soft bedding, bumpers, pillows, quilts, comforters, sheepskins, stuffed toys and other soft products shall be removed from the crib when children are napping or sleeping.
54) Bed linens used on the cots, cribs, or playpens shall be safe, tightly fitting, and washable.
65) Conveniently located, washable, plastic-lined covered receptacles shall be provided for soiled diapers and linens.
76) A toilet seat or potty shall be provided. hg) The materials must be appropriate to the developmental needs of the child in care.
1) Provision shall be made for an adequate supply of individual diapers, clothing, powder, oil, etc.
2) There shall be a variety of toys and art materials for children under 30 months of age to observe, grasp, pick up, and manipulate.
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4) Mobile walkers are prohibited. Stationary exercisers walkers may be used.
ih) Equipment and play materials shall be durable and free from characteristics that may be hazardous or injurious to children under 30 months of age. Hazardous or injurious characteristics include sharp, rough edges; toxic paint; and objects small enough to be swallowed.
(Source: Amended at 27 Ill. Reg.______, effective ______) Section 406.23 Night Care
a) A day care home receiving children for night care shall comply with the standards prescribed for day care homes in addition to the special requirements prescribed in this Section.
b) A child is shall be considered to be enrolled in evening and/or night care when a majority of his or her time at the day care home occurs between 6:00 p.m. and 6:00 a.m.
c) The child shall be bathed, if needed.
d) No child under five years of age is to be left unattended while in the bathtub.
e) Each child must have individual sleeping garments that are clean and comfortable.
f) An individual bed, crib, or cot and individual linen and bedding shall be provided for each child except as provided in this subsection (f).
1) A double bed shall be the minimum size for sleeping two non-enuretic children of the same sex.
2) Rubber sheets or suitable substitutes shall be supplied when necessary.
3) If a crib is used there shall be no more than 1½ inches of space between the mattress and bed frame when the mattress is pushed flush at one corner of the crib.
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4) Unrelated children over 2 years of age may not share a bedroom over night with children of the opposite sex. g) Caregivers and children receiving night care shall sleep on the same floor (level) of the residence. h) If the day care home receives children for night-time care, the caregiver may sleep while children are present if the caregiver and the children sleep on the same floor (level) of the residence and the children’s bedrooms are within hearing distance of the caregiver’s bedroom to provide for the needs of the children and to respond immediately in an emergency. ih) A basement area may be used for sleeping or napping if it has been approved in accordance with Section 406.8(a)(7). ji) A room above the first floor may be used for sleeping or napping if the room has 2 exits with one exit leading directly to the outside with means to safely reach the ground level. kj) There shall be a night light or other mechanism to illuminate hallways leading to stairs and/or the restroom. lk) A child who goes to school from a day care home providing night care shall be clean and properly dressed according to the weather. ml) Each child shall have individual toilet articles such as comb, toothbrush, towel, and washcloth. nm) Health care routines at bedtime and/or upon rising shall include:
1) Brushing teeth at bedtime and upon rising.
2) Brushing or combing the hair upon rising.
3) Establishing a routine for toileting at bedtime and upon rising.
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on) When possible, children shall be left for care and picked up either before or after their normal sleeping period so that there is minimum disturbance of the children during sleep.
po) The day care home shall serve meals and snacks that supplement food served at home as prescribed in Section 406.17.
1) An evening meal that meets nutritional requirements shall be served at a regular time each evening and shall be available to children who may arrive without having first eaten.
2) A bedtime snack shall be served, unless contraindicated by parents or physician in accordance with Section 406.17(c).
3) Children who remain overnight and go to school directly from the day care home shall have breakfast, including juice or fruit, unless they are receiving breakfast at school.
(Source: Amended at 27 Ill. Reg.______, effective ______)
Section 406.24 Records and Reports
a) Records as required shall be maintained on forms supplied by the Department.
b) Information about the child and family shall be confidential as required by Section 406.25.
c) There shall be a record of identifying information on each child received at the time the child is accepted into the home.
d) A medical report for each child, on forms provided by the Department, shall be maintained at the facility, dated no earlier than 6 months prior to enrollment, and signed by the examining physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician which authorized the advance practice nurse to perform health examinations, a physician assistant who has been delegated the performance of health examinations by the supervising physician; or certified by a recognized health facility.
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1) The medical report shall be valid for two years except that subsequent exams for school age children shall be in accordance with the Illinois School Code requirements, provided that copies of the exam are on file at the facility.
2) Unless the examining physician has made a determination that it is unnecessary, a tuberculin test shall be included in the initial exam and when the child enters elementary and secondary school.
3) The reports shall indicate that the child has been immunized as required by Rules and Regulations of the Illinois Department of Public Health for immunizations. These required immunizations are poliomyelitis, measles, rubella, diphtheria, mumps, pertussis, tetanus, hepatitis B, and haemophilus influenzae B, and varicella (chickenpox) or provide proof of immunity according to requirements in Part 695.50 of the Department of Public Health.
4) The report shall include a statement on any physical limitations.
5) Exceptions made for children who for medical reasons should not be subjected to immunizations or a tuberculin test shall be so indicated by the physician on the child's medical form. e) There shall be signed consent forms from the parent or guardian including:
1) Permission for emergency medical care and treatment if the parent is not readily available.
2) Permission to administer medication, if applicable.
3) Permission for someone other than parent or guardian to pick up child if necessary.
4) Visits, trips or excursions off the premises.
5) Transportation provided by caregiver and caregiver assistant, if applicable.
6) Permission to use the facility's swimming pool, if applicable.
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NOTICE OF PROPOSED RULES
f) The caregiver shall distribute a summary of the licensing standards, provided by the Department, to the parents or guardian of each child at the time that the child is accepted for care in the home. In addition, consumer information materials provided by the Department including, but not limited to, information on reporting and prevention of child abuse and neglect and preventing and reporting communicable disease, shall be distributed to the parents or guardian of each child cared for when designated for such distribution by the Department. Each child's record shall contain a statement signed by the child's parents or guardian, indicating that they have received a summary of licensing standards and other materials designated by the Department for such distribution.
g) In accordance with the Child Care Act of 1969, a parent may request that immunizations, physical examinations, and/or medical treatment be waived on religious grounds. A request for such waiver shall be in writing, signed by the parent, and kept in the child's record. h) Members of the household, regular substitutes, and assistants shall have a complete physical examination. The medical reports shall be submitted on forms provided by the Department.
1) The report shall be based on an examination that occurred no earlier than six months prior to application, with a tuberculin test to be included in the initial exam only. If the skin test is positive, a chest x-ray is required.
2) Immunizations and the tuberculin test for an infant shall be given at the discretion of the physician.
3) The caregivers and assistants shall be found free of communicable diseases and shall be physically and emotionally fit to care for young children.
i) The medical report for caregivers, regular substitutes, and assistants shall be valid for three years.
j) Evidence of freedom from communicable disease or illness may be required at any time for members of the household, regular substitutes and assistants.
431 ILLINOIS REGISTER 432
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
k) Suspected child abuse and/or neglect shall be reported immediately to the Department in accordance with the Abused and Neglected Child Reporting Act [325 ILCS 5]. Child Abuse/Neglect Hotline as required by the Abused and Neglected Child Reporting Act, as amended. The telephone number for the reporting hotline is 1-800-252-2873.
l) The licensee and each staff person shall sign a statement prescribed by the Department acknowledging his or her status as a mandated reporter of child abuse or neglect under the Abused and Neglected Child Reporting Act and acknowledging he or she has knowledge and understanding of the reporting requirements under that Act. Such statement shall be signed and dated by the staff person prior to employment, and shall be maintained by the licensee. m) The supervising agency shall be notified immediately by telephone, and in writing within one week, if any either of the following situations involving children occurs at the facility:
1) Accident or injury resulting in death or requiring emergency medical care; or
2) A child is missing from the day care home; or
2) Notice is received of legal action against the facility.
n) The facility shall promptly report any known or suspected case or carrier of communicable disease to the supervising agency and to local health authorities, and shall comply with the Illinois Department of Public Health's rules for the Control of Communicable Diseases (77 Ill. Adm. Code 690). o) The supervising agency shall be notified immediately by telephone and in writing within one week, of fires or other incidents resulting in structural damage to the day care home. A supervisory visit will be conducted by the supervising agency to determine the safety of the licensed premises in conformance with the other provisions of this Part.
p) The licensee shall notify the supervising agency within one week, in writing, of any changes to the household composition. Changes that require notification
432 ILLINOIS REGISTER 433
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
include the addition of any new person into the home, the return of any former household member, or the departure of any household member.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 406.26 Cooperation with the Department
Authorized representatives of the supervising agency or the Department shall be admitted to the facility during the facility's hours of operation for the purpose of determining compliance with the Child Care Act of 1969 and standards set forth in this Part.
Licensed providers are subject to periodic monitoring as long as the license is valid, whether or not child care is actually being provided.
433 ILLINOIS REGISTER 434
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
APPENDIX D IN-SERVICE TRAINING
a) Entities that may provide in-service training to meet the requirements of Section 406.9(o) include, but are not limited to:
1) colleges and universities 2) child care resource and referral agencies 3) Illinois Department of Public Health or local health departments 4) Office of the State Fire Marshal or local fire department 5) Illinois Department of Children and Family Services 6) Illinois Department of Human Services 7) state or national child care or child advocacy organizations 8) national, state or local family day care home associations 9) Child and Adult Care Food Program sponsors 10) Healthy Child Care Illinois nurses 11) American Red Cross, American Heart Association and other providers of first aid and CPR training that have been approved by the Illinois Department of Public Health b) Topics or courses to meet the in-service training requirements include, but are not limited to:
1) child care and child development 2) guidance and discipline 3) first aid and CPR 4) symptoms of common childhood illness 5) food preparation and nutrition 6) health and sanitation 7) small business management 8) child abuse and neglect 9) working with parents and families 10) caring for children with disabilities 11) information about asthma and its management 12) SIDS education c) In-service training may be acquired through the following:
434 ILLINOIS REGISTER 435
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
1) attending college or university or vocational school classes (clock hours spent in the classroom are counted) 2) attending conferences or workshops (Certificate or other proof of attendance, clock hours and subject matter is required.) 3) attending state or local child care association meetings when a specific training program is provided by a guest speaker or group member (Documentation of attendance, subject matter and clock hours is required.) 4) in-home training by a Child and Adult Care Food Program sponsor representative, nurse or other trainer (Documentation must include the topic and the clock hours.)
5) self-study materials provided by a child care resource and referral (CCR&R) agency (Certification of clock hours must be secured from the CCR&R.)
6) internet home study programs if the internet site provides documentation of use and number of clock hours
The training instructor, speaker or president of the child care organization sponsoring the training, may sign the documentation of completion. The child care resource and referral (CCR&R) agency must sign and provide documentation of completion for self-study materials, and the internet site must provide documentation for home study programs. d) Licensed providers shall complete 15 meet the following clock hours of hour requirements for in-service training per calendar year:.
Calendar year 2001 7 Hrs. 30 Min. Calendar year 2002 12 Hrs. Calendar Year 2003 and thereafter 15 Hrs. e) For newly licensed providers, required annual in-service training hours are prorated based on the month of the effective date of license.
1) For newly licensed providers in 200l
Month of License Training Hours Required
April 7 Hrs. 30 Min. May 6 Hrs. 45 Min. June 6 Hrs. July 5 Hrs.
435 ILLINOIS REGISTER 436
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES
August 4 Hrs. 15 Min. September 3 Hrs. 15 Min. October 2 Hrs. 30 Min. November 1 Hr. 45 Min. December 1 Hr.
2) For newly licensed providers in 2002
Month of License Training Hours Required
January 12 Hrs. February 11 Hrs. March 10 Hrs. April 9 Hrs. May 8 Hrs. June 7 Hrs. July 6 Hrs. August 5 Hrs. September 4 Hrs. October 3 Hrs. November 2 Hrs. December 1 Hr.
3) For newly licensed providers in 2003 and thereafter
Month of License Training Hours Required
January 15 Hrs. February 13 Hrs. 45 Min. March 12 Hrs. 30 Min April 11 Hrs. 15 Min. May 10 Hrs. June 8 Hrs. 45 Min. July 7 Hrs. 30 Min. August 6 Hrs. 15 Min. September 5 Hrs. October 3 Hrs. 45 Min. November 1 Hr. 30 Min. December 1 Hr. 15 Min.
436 ILLINOIS REGISTER 437
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF PROPOSED RULES f) Courses approved by the Department in caring for children with disabilities must include the following components: - Introduction to Inclusive Child Care - Getting to Know Children With Disabilities - Building Relationships With Families - Including Young Children With Disabilities in Daily Activities - Community Services for Young Children With Disabilities - Preparing for the Arrival of Children With Disabilities
(Source: Amendment at 27 Ill. Reg., effective ______)
437 ILLINOIS REGISTER 438
ILLINOIS COMMERCE COMMISSION
NOTICE OF PROPOSED RULES
1) Heading of the Part: Restricted Call Registry
2) Code Citation: 14 Ill. Adm. Code 300
3) Section Numbers: Proposed Action:
300.10 New Section 300.20 New Section 300.100 New Section 300.110 New Section 300.120 New Section 300.130 New Section 300.200 New Section 300.300 New Section 300.400 New Section 300.410 New Section 300.500 New Section
4) Statutory Authority: Implementing and authorized by Section 20 of the Restricted Call Registry Act [815 ILCS 402/20].
5) A Complete Description of the Subjects and Issues Involved: Under the Restricted Call Registry Act, the Commission is to establish and maintain a statewide registry containing the telephone numbers of residential subscribers who object to receiving unsolicited telemarketing sales calls. With certain exceptions, beginning July 1, 2003, telephone solicitors are prohibited from calling the telephone numbers on the Registry more than 45 days after the telephone number first appears on the published list. The Commission must provide public notice of the Registry; develop consumer education literature and a web site; establish a method for residential subscribers to add their telephone numbers for an initial enrollment fee not to exceed $5 and process renewals in increments of 5 years; make the Registry available to telemarketers for a fee not to exceed $1000 annually; update the Registry on a quarterly basis; and enforcement.
The Commission has set the statutory maximum of $1000 annually for the Registry and the quarterly updates (Section 300.120) and $5.00 for the subscriber registration fee (Section 300.130). The exact costs associated with creating and maintaining the Registry are unknown at this time and it is prudent to charge the maximum allowed to meet start- up costs for this self-funded program. The Commission is required to conduct a biennial
438 ILLINOIS REGISTER 439
ILLINOIS COMMERCE COMMISSION
NOTICE OF PROPOSED RULES
review of the revenues and expenditures of the Restricted Call Registry and will reduce the fee if revenues exceed expenditures. 6) Will these proposed rules replace emergency rules currently in effect? Yes
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed rules contain incorporations by reference? No
9) Are there any other proposed rules pending on this Part? No
10) Statement of Statewide Policy Objectives: These proposed rules neither create nor expand any state mandate on units of local government, school districts, or community college districts.
11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:
Comments should be filed, within 45 days after the date of this issue of the Illinois Register in Docket 02-0845, with:
Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield IL 62701 (217)782-7434
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not for profit corporations affected: This rulemaking will affect any subject telephone solicitors and any local exchange telecommunications carriers that are also small businesses as defined in the Illinois Administrative Procedure Act.
B) Reporting, bookkeeping or other procedures required for compliance: Use of Registry by telephone solicitors.
C) Types of professional skills necessary for compliance: Managerial skills
439 ILLINOIS REGISTER 440
ILLINOIS COMMERCE COMMISSION
NOTICE OF PROPOSED RULES
13) Regulatory Agenda on which this rulemaking was summarized This rulemaking was not included on either of the 2 most recent regulatory agendas because: The Commission did not anticipate the need for these rules at that time.
The full text of the Proposed Rules is identical to the Text of Emergency Rules for this Part appearing in this issue of the Illinois Register at page 563 :
440 ILLINOIS REGISTER 441
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
1) Heading of Part: Established Political Party and Independent Candidate Nominating Petitions
2) Code Citation: 26 Ill. Adm. Code 201
3) Sections Numbers: Proposed Action: 201.60 New
4) Statutory Authority: Implements Articles 7, 8 and 10 of the Illinois Election Code (10 ILCS 5/ 7-1, et seq., 8-1 et seq., and 10-1, et seq.) and authorized by Section 1A-8(9)) of the Illinois Election Code (10 ILCS 5/1A-8(9)).
5) A Complete Description of the Subjects and Issues Involved: Provides that the name the State Board of Elections shall certify to the ballot is the name which appears in the heading of the first numbered petition page of the nominating petition.
6) Will this proposed rule replace an emergency rule currently in effect? NO
7) Does the rulemaking contain an automatic repeal date? NO
8) Do these proposed amendments contain incorporations by reference? NO
9) Are there any other proposed amendments pending on this Part? NO
10) Statement of Statewide Policy Objectives The proposed amendment does not require expenditures by units of local government.
11.) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: The text of the proposed amendment is posted on the State Board of Elections’ web site, www.elections.state.il.us/. Interested persons may present their comments concerning this proposed rulemaking in writing within 45 days after publication of this notice to the
State Board of Elections Colleen Burke, General Counsel James R. Thompson Center 100 West Randolph Street Suite 14-100 Chicago, IL 60601 312/814-6477 441 ILLINOIS REGISTER 442
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
or at a Public Hearings to be held on January 21, 2003 at the Board’s principal office, 1020 S. Spring Street, Springfield, Illinois 2003 and on February 18, 2003 at the State Board of Elections permanent branch office in the James R. Thompson Center, 100 W. Randolph Street, Chicago, Illinois. Please contact the Board's offices for verification of hearing time, room and date.
12) Initial Regulatory Flexibility Analysis:
a) Types of small businesses affected: None
b) Reporting, bookkeeping or other procedures required for compliance: None
c) Types of professional skills necessary for compliance: None
The full text of the Proposed Amendment begins on the following page.
442 ILLINOIS REGISTER 443
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
TITLE 26: ELECTIONS
CHATPTER I: STATEBOARD OF ELECITON
PART 201: ESTABLISHED POLITICAL PARTY AND INDEPENDENT CANDIDATE NOMINATING PETITIONS
Section 201.10 Filing Times at the Office of the State Board of Elections 201.20 Determination of Nominating Petition's Official Time of Filing 201.30 Filing Times for Objections and Withdrawals 201.40 Simultaneous Filings for the Same Office – Lottery 201.50 Determination of Number of Primary Electors in Computing Signature Requirements (Emergency Expired) 201.60 Designation of Candidate's Name for Ballot Certification
AUTHORITY: Implementing Articles 7, 8 and 10 of the Illinois Election Code (10 ILCS 5/ 7-1, et seq., 8-1 et seq., and 10-1, et seq.) and authorized by Section 1A-8(9) of the Election Code (10 ILCS 5/1A-8(9)).
SOURCE: Adopted at 2 Ill. Reg. 25,p.70 effective July 3, 1978: amended at 5 Ill. Reg.14140, effective December 4, 1981: codified at 6 Ill. Reg. 7213: emergency amendment at 8 Ill. Reg. 24311, effective November 29, 1984, for a maximum of 150 days; amended at _____ Ill. Reg. ______, effective ______3002.
201.60 Designation of Candidate's Name for Ballot Certification
The ballot certification issued to each county clerk by the State Board of Elections shall include the names of all candidates whose nomination papers or certificates of nomination have been filed with the Board, unless such certification is barred by court order or application of other law. The form of each candidate's name shall be taken from the first numbered page of the nominating petition or certificate of nomination. In the case of candidates who are appointed to fill vacancies in nomination, the form of the candidate's name shall be taken from the resolution filed by the appropriate party managing committee. As provided in Sections 7-17, 8-8.1 and 10- 5.1, the designation of a candidate's name for the ballot may include the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof, in addition to the candidate's surname.
443 ILLINOIS REGISTER 444
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
1) Heading of Part: Registration of Voters
2) Code Citation: 26 Ill. Adm. Code 216
3) Sections Numbers: Proposed Action: 216.90 Amend 216. Exhibit A Amend
4) Statutory Authority: Implements National Voter Registration Act of 1993 (42 U.S.C. 1793 gg et seq.) and authorized by Section 1A-8 (4)(9) and (12) of the Illinois Election Code (10 ILCS 5/1A-8(4),(9) and (12)).
5) A Complete Description of the Subjects and Issues Involved: Adds to Illinois Voter Registration Application the specific questions of age and citizenship now required by the Help America Vote Act (HAVA). Amends mail voter registration requirements to add submission of identification, also required by HAVA.
6) Will this proposed rule replace an emergency rule currently in effect? NO
7) Does the rulemaking contain an automatic repeal date? NO
8) Do these proposed amendments contain incorporations by reference? NO
9) Are there any other proposed amendments pending on this Part? NO
10) Statement of Statewide Policy Objectives The proposed amendment does not require expenditures by units of local government.
11.) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: The text of the proposed amendment is posted on the State Board of Elections’ web site, www.elections.state.il.us/. Interested persons may present their comments concerning this proposed rulemaking in writing within 45 days after publication of this notice to the
State Board of Elections Colleen Burke, General Counsel James R. Thompson Center 100 West Randolph Street Suite 14-100 Chicago, IL 60601 444 ILLINOIS REGISTER 445
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
312/814-6477
or at a Public Hearings to be held on January 21, 2003 at the Board’s principal office, 1020 S. Spring Street, Springfield, Illinois 2003 and on February 18, 2003 at the State Board of Elections permanent branch office in the James R. Thompson Center, 100 W. Randolph Street, Chicago, Illinois. Please contact the Board's offices for verification of hearing time, room and date.
12) Initial Regulatory Flexibility Analysis:
a) Types of small businesses affected: None
b) Reporting, bookkeeping or other procedures required for compliance: None
c) Types of professional skills necessary for compliance: None
The full text of the Proposed Amendment begins on the following page.
445 ILLINOIS REGISTER 446
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 216 REGISTRATION OF VOTERS
Section 216.10 Applicability 216.20 Definitions 216.30 Receipt of Voter Registration Applications 216.40 Maintaining Voter Records 216.50 Canceling Voter Registrations 216.60 Forms 216.70 Processing Voter Registration Applications 216.80 Documenting Transactions 216.90 Voting 216.100 Designation of Chief State Election Official Exhibit A Voter Registration Application – Illinois Exhibit B Voter Registration Information Exhibit C Voter Registration Application Transmittal Exhibit D Disposition of Registration Exhibit E Voter Identification Card Exhibit F Confirmation of Address Exhibit G Registration Deadline Notice Exhibit H Address Correction for Fail Safe Voter
AUTHORITY: Implements National Voter Registration Act of 1993 (42 U.S.C. 1793 gg et seq.) and authorized by Section 1A-8 (4)(9) and (12) of the Illinois Election Code (10 ILCS 5/1A- 8(4),(9) and (12)).
SOURCE: Adopted by emergency rule at 21 Ill. Reg. 14247, effective October 22, 1996 for a maximum of 150 days; emergency expired March 21, 1997; adopted at 21 Ill. Reg 4610, effective March 31, 1997; amended at 22 Ill. Reg. 19330, effective October 15, 1998; amended at 23 Ill. Reg. 3948, effective March 19, 1999; amended at ___ Ill. Reg._____, effective______, 2003.
Section 216.90 Voting
a) Voters shall vote at the precinct polling place where reside, except that: 446 ILLINOIS REGISTER 447
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
1) a voter who moves without notice to the election authority to a different residence still within the same election jurisdiction (territory under the control, for voting and registration purposes, of an election authority) as the place from which he moved, shall vote for the first time he or she offers to vote after changing residence for all federal offices in the polling place for the residence from which the voter most recently registered, and thereafter in the polling place for the voter's present residence;
2) such voters are entitled by the Part to vote for federal offices only (However, those persons may be entitled to by the Election Code to vote for other offices; see, for example, 10 ILCS 5-6-27 and 6-53; and
3) subject to the requirements of subsection (c) of this Section, any voter otherwise qualified to vote an absentee ballot may vote by absentee ballot. b) in jurisdictions employing an electronic system which utilizes ballot cards,
1) the ballot card for voters described in (a)(2) shall be of stock of the same color as that of the ballot style to which the voter would otherwise be entitled except for the fact that he or she may vote for federal offices only, provided that there shall be printed on the face of such cards the words “FEDERAL OFFICES ONLY” in type of no less than 20 pt., and may, at the option of the election authority, also bear the number of the Congressional district of the voters of the precinct. If, in a split precinct, no distinction in color is made between the ballot cards for differing Congressional districts, such ballots must also bear the number of the Congressional district for which they are to be used.
2) the number of federal office only ballots cards supplied to any polling place shall not exceed ten percent (10%) of the number of registered voters assigned to the polling place c) The election authority shall transfer the record or registration card, as the case may be, of each voter described in either paragraph a)1) of this section to the binder for the precinct encompassing the voter's new place of residence immediately after the first election at which the voter offers to vote after changing residence, making such notations on the record as are necessary to bring the information contained on it current, and thereafter the voter shall vote in the precinct polling place for the new residence.
447 ILLINOIS REGISTER 448
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS d) A applicant who has submitted a Voter Registration Application by mail must vote in person submit with the application either ---- 1) a copy of the current and valid photo identification; or 2) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter; or provide such proof of identity at the first election at which he or she votes after his or her application is acknowledged unless the voter is entitled to cast an absentee ballot under the provision s of Article 20 of the Election Code or is eligible to vote an absentee ballot by any pertinent federal statute or law. Voting in person includes in-person absentee voting, nursing home voting, and hospitalized voters voting under the provision of Section 19-13 of the Election Code [10 ILCS 5/19-13]. e) An absentee voter voting under the provisions of subsections (a)(1) through (3) of this Section shall also complete an Address Correction for Fail Safe Voters. A Fail Safe Voter is a voter who votes under the provisions of subsection (a)(1) of this Section.
[THIS REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK FOR FORMATTTING PURPOSES. 216. EXHIBIT A BEGINS ON THE FOLLOWING PAGE]
448 ILLINOIS REGISTER 449
STATE BOARD OF ELECTIONS
NOTICE OF PROPOSED AMENDMENTS
Section 216. Exhibit A Voter Registration Application – Illinois
(Source: amended at ___Ill. Reg.______, effective ______, 2003) 449 ILLINOIS REGISTER 450
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Illinois Athletic Trainers Practice Act
2) Code Citation: 68 Ill. Adm. Code 1160
3) Section Numbers: Proposed Action:
1160.40 Amendment 1160.50 Amendment 1160.60 Amendment 1160.64 New Section 1160.65 Amendment 1160.70 Repealed
4) Statutory Authority: Illinois Athletic Trainers Practice Act [225 ILCS 5]
5) A Complete Description of the Subjects and Issues Involved: Section 1160.64 has been added to clarify the supervision of unlicensed individuals gaining experience as athletic trainers. Section 1160.65 is being amended to allow CE credit for licensees who complete Emergency Medical Technician training or meet recertification requirements in accordance with 77 Ill. Code 515. Obsolete language has been removed and other technical changes are being made in this proposed rulemaking.
6) Will these proposed amendments replace emergency amendments currently in effect? No
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed amendments contain incorporations by reference? No
9) Are there any other proposed amendments pending on this Part? No
10) Statement of Statewide Policy Objectives (if applicable): This rulemaking has no impact on local government.
11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:
Interested persons may submit written comments to:
Department of Professional Regulation Attention: Barb Smith 450 ILLINOIS REGISTER 451
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax #: 217/782-7645
All written comments received within 45 days of this issue of the Illinois Register will be considered.
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not for profit corporations affected: Those providing athletic trainer services.
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: Athletic trainer skills are necessary for licensure.
13) Regulatory Agenda on which this rulemaking was summarized: January 2003
The full text of the Proposed Amendments begins on the next page:
451 ILLINOIS REGISTER 452
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1160 ILLINOIS ATHLETIC TRAINERS PRACTICE ACT
Section 1160.20 Examination 1160.30 Application for Licensure EMERGENCY 1160.31 Approved Programs 1160.35 Fees 1160.40 Renewals 1160.50 Restoration 1160.60 Endorsement 1160.64 Supervision 1160.65 Continuing Education 1160.70 Annual Report of Board (Repealed) 1160.80 Granting Variances
AUTHORITY: Implementing the Illinois Athletic Trainers Practice Act [225 ILCS 5] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)].
SOURCE: Emergency Rule adopted at 10 Ill. Reg. 4759, effective March 12, 1986, for a maximum of 150 days; adopted at 10 Ill. Reg. 20731, effective December 1, 1986; amended at 11 Ill. Reg. 9939, effective May 12, 1987; transferred from Chapter I, 68 Ill. Adm. Code 60 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1160 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2935; amended at 20 Ill. Reg. 2408, effective January 29, 1996; amended at 24 Ill. Reg. 3611, effective February 15, 2000; amended at 27 Ill. Reg. ______, effective ______.
Section 1160.40 Renewals
452 ILLINOIS REGISTER 453
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
a) All current registration holders shall be required to obtain a new 2-year athletic trainer license and pay the current renewal fee by May 31, 1996.
a)b) Each license issued under the Act shall expire on May 31 of even-numbered years. The holder of the license may renew the license during the month preceding the expiration date thereof by paying the required fee and completing 40 hours of continuing education in accordance with Section 1160.65.
b)c) It is the responsibility of each license holder to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee.
c)d) Practice on an expired license shall be considered the unlicensed practice of athletic training and subject to discipline or other penalties set forth in Section 16 of the Act.
e) Beginning with the May 31, 1998, renewal and every renewal thereafter, a renewal applicant shall complete 40 hours of continuing education in accordance with Section 1160.65 of this Part.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1160.50 Restoration
a) A person seeking restoration of a license that has expired for less than 5 years shall have the license restored upon payment of $20 plus all lapsed renewal fees as set forth in Section 1160.35(g) of this Part. After May 31, 1998, a A person seeking restoration of a license shall provide evidence of successful completion of 40 hours of continuing education in accordance with Section 1160.65 earned within the 2 years immediately preceding the restoration.
b) A person seeking restoration of a license that has been placed on inactive status for less than 5 years shall have the license restored upon payment of the current renewal fee specified in Section 1160.35(d) of this Part. After May 31, 1998, a A person seeking restoration of a license shall provide evidence of successful completion of 40 hours of continuing education in accordance with Section 1160.65 earned within the 2 years immediately preceding the restoration.
453 ILLINOIS REGISTER 454
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
c) A person seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Department, together with the fees set forth in subsections (a) and (b) above. The application shall also include one of the following documents:
1) Sworn evidence of active practice in another jurisdiction. Such evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during the term of said active practice; or
2) An affidavit attesting to military service as provided in Section 12 of the Act; or
3) Other evidence of continued active participation in athletic training for at least the last 2 years.
A) Such evidence shall show that he/she has been employed in a responsible capacity under the supervision of a licensed athletic trainer; or
B) Been an officer or employee of the United States government as a practicing athletic trainer; or
C) Been teaching athletic training in a college or university; or
D) Has attended, during the 2 years preceding application for restoration athletic training educational programs conducted by an accredited college or university or a professional athletic training association or similar program approved by the Department upon recommendation of the Illinois Board of Athletic Trainers. After May 31, 1998 an applicant shall submit proof of 40 hours of continuing education in accordance with Section 1160.65 of this Part. d) Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 12 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the continuing education requirements.
454 ILLINOIS REGISTER 455
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
e) When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Department because of lack of information, discrepancies or conflicts in information given or a need for clarification, the person seeking restoration of a license shall be required to:
1) Provide such information as may be necessary; and/or
2) Appear for an interviews before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information. Upon recommendation of the Board and approval by the Department, an applicant shall have the license restored.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1160.60 Endorsement
a) An applicant seeking licensure in Illinois who is licensed/registered under the laws of another jurisdiction shall file an application with the Department, on forms provided by the Department, which includes:
1) Certification of education;
2) Proof of successful completion of the examination set forth in Section 1160.20 of this Part;
3) Certification from the state or territory of the United States in which the applicant was originally licensed and the states in which the applicant is currently licensed, stating:
A) The time during which the applicant was licensed/registered in that jurisdiction;
B) Whether the file on the applicant contains any record of disciplinary actions taken or pending;
455 ILLINOIS REGISTER 456
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
C) A brief description of the licensure examination taken and the scores received.
b) The Department may request additional information to determine if the requirements in the state or territory of original licensure were substantially equivalent to the requirements then in effect in Illinois or to determine whether the requirements of another state or territory together with education and professional experience qualifications of the applicant are substantially equivalent to the requirements in Illinois at the time of application.
c) The Department shall either issue a license by endorsement to the applicant or notify him/her of the reasons for the denial of the application.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1160.64 Supervision
Individuals, who are completing a course of study in an approved educational program who are performing athletic training as a part of their supervised experience or any person who is fulfilling the 1500 hours supervised work experience for licensure pursuant to Section 4(3) and (4) of the Act, shall be supervised by a licensed athletic trainer. If such experience has been competed in another state where licensure is not required, the experience shall be under the supervision of a NABOTC certified athletic trainer.
(Source: Added at 27 Ill. Reg. ______, effective ______)
Section 1160.65 Continuing Education
a) Continuing Education Hour Requirements
1) Beginning with the May 31, 1998, renewal and for every renewal thereafter, renewal applicants shall complete 40 hours of Continuing Education (CE) relevant to the practice of athletic training during each prerenewal period. The Department shall conduct audits to verify compliance with this Section. The prerenewal period is the 24 months preceding the expiration date of the license.
2) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license. 456 ILLINOIS REGISTER 457
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3) Athletic trainers licensed in Illinois but residing and practicing in another state must comply with the CE requirements set forth in this Section. b) Activities for which CE credit may be earned are as follows:
1) Verified attendance or participation in any continuing education course approved by the National Athletic Trainers' Association Board of Certification or the Illinois Athletic Trainers' Association.
2) Verified attendance at or participation in a program given by a sponsor as set forth in subsection (c)(1) of this Section.
3) A maximum of 26 hours per prerenewal period for:
A) Papers prepared for or delivered before recognized athletic trainer organizations;
B) Papers published in nationally recognized athletic training journals;
C) Writing a chapter in a book about athletic training;
D) Self-study courses taken through an accredited college or university or an approved sponsor; and
E) Training taken via teleconferencing with a live moderator through an accredited college or university or an approved sponsor.
4) A licensee who has completed an Emergency Medical Technician training program for EMT-B, EMT-I or EMT-P certification in accordance with 77 Ill. Adm. Code 515 or who has taken continuing education for renewal of those certifications in accordance with 77 Ill. Code 515.590 may apply those hours toward meeting the continuing education hours set forth in this Section.
5)4) A licensee who serves as an instructor, speaker or discussion leader of a course given by an approved sponsor will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course. In no case shall credit for actual time of 457 ILLINOIS REGISTER 458
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presentation and preparation be given for more than 9 hours during any renewal period.
6)5) The continuing education hours used to satisfy the CE requirements for renewal of an athletic trainer license held in another jurisdiction shall be applied toward the CE requirements for renewal of an Illinois athletic trainer license.
7)6) Three semester hours of course work relevant to athletic training completed at an accredited college or university. One semester of course work is equivalent to 15 hours of CE and one quarter of course work is equivalent to 10 hours of CE.
8)7) A CE hour equals 50 minutes. After completion of the initial CE hour, credit may be given in one-half hour increments.
9)8) Cardiopulmonary resuscitation (CPR) certification by the American Red Cross, American Heart Association, National Safety Council, or their international affiliates, or automated external defibrillation (AED) certification by the American Red Cross or other qualified organization as authorized by the Automated External Defibrillator Act. Five hours of continuing education may be earned for one CPR or AED certification. No more than 2 certifications may be submitted per renewal. c) CE Sponsors and Programs
1) Sponsor, as used in this Section, shall mean:
A) The National Athletic Trainers' Association Board of Certification or the Illinois Athletic Trainers' Association;
B) Any other school, college or university, State agency, or any other person, firm or association that has been approved and authorized by the Department to coordinate and present continuing education courses and programs in conjunction with this Section.
2) An entity seeking approval as a CE sponsor shall file an application, along with the required fee set forth in Section 1160.35(e) of this Part, which includes:
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A) Certification:
i) That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(5) below and all other criteria in this Section;
ii) That the sponsor will be responsible for verifying attendance at each course or program and provide a certificate of completion as set forth in subsection (c)(7); and
iii) That upon request by the Department, the sponsor will submit such evidence as is necessary to establish compliance with this Section. Such evidence shall be required when the Department has reason to believe that there is not full compliance with the Act and this Part and that this information is necessary to ensure compliance;
B) A copy of a Certificate of Attendance or Participation which meets the requirements set forth in subsection (c)(7); and
C) A sample of a CE course which includes, but is not limited to, course materials, books, instructor credentials.
3) Each sponsor shall submit by May 31 of even numbered years a renewal application along with the required renewal fee set forth in Section 1160.35(f) of this Part. With the application the sponsor shall be required to submit to the Department a list of all courses and programs offered in the past 2 years, which includes a description, location, date and time the course was offered.
4) State agencies, colleges and universities shall submit a sponsor application in accordance with subsections (c)(2) and (3) above; however, they shall be exempt from payment of the fee.
5) All courses and programs shall:
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A) Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of athletic training;
B) Specify the course objectives, course content and teaching methods to be used;
C) Be developed and presented by persons with education and/or experience in the subject matter of the program;
D) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal; and
E) Include some mechanism whereby participants evaluate the overall quality of the program.
6) All programs given by sponsors shall be open to all licensed athletic trainers and not be limited to the members of a single organization or group.
7) Certificate of Attendance or Participation. It shall be the responsibility of the sponsor to provide each participant in an approved program or course with a certificate of attendance or participation which shall contain the following information:
A) The name, address and license number of the sponsor;
B) The name and license number of the participant;
C) A brief statement of the subject matter;
D) The number of clock hours actually attended in each program;
E) The date and place of the program; and
F) The signature of the sponsor.
8) The sponsor shall maintain course materials and attendance records containing all information in subsection (c)(7) above for not less than 5 years, except for the signature of the sponsor. 460 ILLINOIS REGISTER 461
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9) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.
10) The Department, upon recommendation of the Board, shall withdraw, suspend or place on probation the approval of a CE sponsor when, at any time, the quality of the CE fails to meet the established criteria as set forth in this Section or if the sponsorship approval was based upon false or deceptive information or if any other related license of the sponsor or instructor is suspended, revoked or otherwise disciplined.
11) Notwithstanding any other provision of this Section, the Department or Board may evaluate any sponsor of any continuing education program at any time.
12) The Department shall maintain a list of all approved continuing education sponsors. d) Continuing Education Earned in Other Jurisdictions.
1) If a renewal applicant will be earning or has earned CE hours in another jurisdiction, the applicant is not licensed in that jurisdiction and the course is not presented by an approved sponsor, the applicant shall submit an individual program approval request form, along with a $20 processing fee, to have the program reviewed. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(5) of this Section. Applicants may seek individual program approval prior to participation in the course or program. All individual program approval requests shall be submitted at least 90 days prior to the expiration date of the license.
2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $20 processing fee plus a $10 per CE hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.
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1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a), above.
2) The Department may require additional documentation in order to demonstrate compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. Such additional documentation will be required in the context of a Department audit.
3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board. At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act (5 ILCS 100/10-65).
f) Restoration of Nonrenewed License. Upon evidence of compliance with CE requirements, the Department may restore the license upon payment of the required fee.
g) Waiver of CE Requirements
1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Department a renewal application, the required renewal fee, a statement setting forth the facts concerning such non-compliance, and a request for waiver of the CE requirements on the basis of these facts. The applicant may request an interview with the Board at the time of the waiver request. If the Department, upon the written recommendation of the Board, finds from the applicant's affidavit or any other evidence submitted that extreme hardship has been shown to substantiate granting of a waiver, the Department shall waive enforcement of such requirements for the renewal period for which the applicant has applied.
2) If an interview with the Board is requested at the time the request for such waiver is filed with the Department, the renewal applicant shall be given at least 20 days written notice of the date, time and place of such interview by certified mail, return receipt requested.
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3) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:
A) Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;
B) An incapacitating illness, documented by a currently licensed physician;
C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or
D) Any other similar extenuating circumstances (i.e., family illness and prolonged hospitalization).
4) Any renewal applicant who, prior to the expiration date of his/her license, submits a request for a waiver, pursuant to the provisions of this Section shall be deemed to be in good standing and may practice until the Department's final decision on the waiver has been made.
(Source: Added at 27 Ill. Reg. ______, effective ______)
Section 1160.70 Annual Report of Board (Repealed)
The Illinois Board of Athletic Trainers (the Board) shall submit a written report, on an annual basis, to the Director in which it shall evaluate its own and the Department's performance, inform the Department of practice developments within the athletic training profession, and provide recommendations for statutory or regulatory program changes.
(Source: Repealed at 27 Ill. Reg. ______, effective ______)
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1) Heading of the Part: Illinois Certified Shorthand Reporters Act of 1984
2) Code Citation: 68 Ill. Adm. Code 1200
3) Section Number: Proposed Action:
1200.30 Amendment
4) Statutory Authority: Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415].
5) A Complete Description of the Subjects and Issues Involved: Section 1200.30 has been amended so that an applicant retaking the licensure examination will be required to retake and pass only the failed portion or part of the examination.
6) Will these proposed amendments replace emergency rules currently in effect? No
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed amendments contain incorporations by reference? No
9) Are there any other proposed amendments pending on this Part? No
10) Statement of Statewide Policy Objectives (if applicable): This rulemaking has no impact on local governments.
11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:
Interested persons may submit written comments to:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813
All written comments received within 45 days of this issue of the Illinois Register will be considered.
12) Initial Regulatory Flexibility Analysis: 464 ILLINOIS REGISTER 465
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A) Types of small businesses, small municipalities and not for profit corporations affected: Certified shorthand reporter applicants.
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: Shorthand reporter skills are necessary for licensure.
13) Regulatory Agenda on which this rulemaking was summarized: January 2003
The full text of the Proposed Amendments begins on the next page:
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TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1200 ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984
Section 1200.20 Application for Examination/Licensure 1200.30 Examinations 1200.35 Renewals 1200.40 Restoration 1200.45 Endorsement 1200.50 Fees for the Administration of the Act 1200.60 Annual Report of Board 1200.70 Conduct of Hearings 1200.75 Continuing Education 1200.80 Granting Variances 1200.90 Standards of Professional Conduct
AUTHORITY: Implementing the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)].
SOURCE: Adopted at 5 Ill. Reg. 7518, July 17, 1981; effective July 2, 1981; codified at 5 Ill. Reg. 11024; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; emergency amendments at 8 Ill. Reg. 672, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 16443, effective August 29, 1984; amended at 11 Ill. Reg. 14073, effective August 5, 1987; recodified from Chapter I, 68 Ill. Adm. Code 200 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1200 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2917; amended at 12 Ill. Reg. 16718, effective September 30, 1988; amended at 13 Ill. Reg. 18865, effective November 21, 1989; amended at 16 Ill. Reg. 3169, effective February 18, 1992; amended at 19 Ill. Reg. 940, effective January 17, 1995; amended at 23 Ill. Reg. 7102, effective June 4, 1999; amended at 27 Ill. Reg. ______, effective ______.
Section 1200.30 Examinations 466 ILLINOIS REGISTER 467
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NOTICE OF PROPOSED AMENDMENTS a) The Examination for certification as a certified shorthand reporter shall be administered by the Department or its designated testing service.
1) Written Knowledge Examination. The written examination is given to determine the applicant's competency and ability:
A) To understand the English language, including reading, spelling and the applicant's knowledge of day-to-day vocabulary, as well as medical, legal and technical vocabulary, without the use of a dictionary;
B) To accurately report any of the matters comprising the practice of shorthand reporting as defined in the Illinois Certified Shorthand Reporters Act of 1984 (225 ILCS 415) (the Act), by the use of any system of manual or mechanical shorthand or shorthand writing;
C) To clearly understand the obligations between a shorthand reporter and the parties to any proceedings reported; and
D) To understand the provisions of the Act.
2) Dictation Examination
A) This portion of the examination shall consist of the following parts:
i) General dictation at 200 words per minute for 5 minutes with an allowance of 50 errors. (Definition: spoken words presented in court proceedings, depositions, arbitrations, speeches and hearings).
ii) Testimony, 2 voice, 225 words per minute for 5 minutes with an allowance of 57 errors.
B) Transcription. Upon completion of both parts of the Dictation Examination, the applicant shall transcribe both parts in double-space form.
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C) The applicant shall be allowed an aggregate of three hours to complete all transcription. Those retake applicants required to transcription. Those retake applicants required to transcribe only one part of the Dictation Examination shall be allowed one and one-half hours. b) Grading of the Examination
1) The passing score on the Written Knowledge Examination set forth in subsection (a)(1) of this Section is 75% or better.
2) An applicant shall pass the Dictation Examination set forth in subsection (a)(2) of this Section if he/she successfully transcribes within the given time periods set forth in subsections (A) and (B) below:
A) 200 words per minute for 5 minutes with 50 errors or fewer on the general dictation part; and
B) 225 words per minute for 5 minutes with 57 errors or fewer on the 2 voice testimony.
3) In scoring the Dictation Examination, "Q" representing question and "A" representing answer, shall not be counted as words in the testimony portion; however, such signs must appear in proper order in the transcript.
4) Applicants who fail a portion of an examination will be required, on their second and third attempts, to retake only the portion or dictation part of the examination which they did not pass.
5) If an applicant must take any portion of the examination more than 3 times, the applicant shall take both portions of the examination, and retakes shall be in accordance with subsection (4) above. c) Required Supplies for the Examination
1) Each applicant must supply his/her own bound dictionary, pens, pencils, stenographic machine, erasers, stenograph paper, and notebooks or note paper. The use of only one dictionary per person is permitted. Computers shall be supplied at the location of the examination.
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2) Applicants shall not be permitted to use tape recorders or other electronic recording devices during the examination sessions.
3) Typing paper will be provided.
d) The provisions of this Section shall apply to applicants upon adoption without regard to where the applicant is in the application process.
e) An applicant for licensure who possesses an active Registered Professional Reporter certificate by examination or a Registered Merit Reporter certificate issued by the National Court Reporters Association shall not be required to sit for the examination. The Department, upon recommendation of the Board, has determined that the Registered Professional Reporter and Registered Merit Reporter examinations are equivalent to the examination administered by the Department.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
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1) Heading of the Part: Funeral Directors and Embalmers Licensing Code
2) Code Citation: 68 Ill. Adm. Code 1250
3) Section Numbers: Proposed Action:
1250.110 Amendment 1250.120 Amendment 1250.135 Amendment 1250.140 Amendment 1250.150 Amendment 1250.160 Amendment
4) Statutory Authority: Funeral Directors and Embalmers Licensing Code [225 ILCS 41].
5) A Complete Description of the Subjects and Issues Involved: Section 1250.140 has been amended to reflect the fact that the examination administrator changed its name. In addition, the passing score has been changed to the passing score designated by the the testing entity. Obsolete language has also been deleted and other technical changes have been made in this proposed rulemaking.
6) Will these proposed amendments replace emergency rules currently in effect? No
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed amendments contain incorporations by reference? No
9) Are there any other proposed amendments pending on this Part? No
10) Statement of Statewide Policy Objectives (if applicable): This rulemaking has no impact on local governments.
11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:
Interested persons may submit written comments to:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor 470 ILLINOIS REGISTER 471
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NOTICE OF PROPOSED AMENDMENTS
Springfield, IL 62786 217/785-0813
All written comments received within 45 days of this issue of the Illinois Register will be considered.
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not for profit corporations affected: Those providing funeral directing and embalming services.
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: Funeral directing and embalming skills are required for licensure.
13) Regulatory Agenda on which this rulemaking was summarized: January 2003
The full text of the Proposed Amendments begins on the next page:
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TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1250 FUNERAL DIRECTORS AND EMBALMERS LICENSING CODE
Section 1250.110 Approved Programs of Mortuary Science 1250.120 Application for Traineeship 1250.130 Requirements of Traineeship 1250.135 Application for Licensure 1250.140 Examination 1250.150 Reciprocity 1250.155 Inactive Status 1250.160 Restoration 1250.165 Fees 1250.170 Requirements for a Preparation Room 1250.180 Required Activities (Repealed) 1250.190 Violations (Repealed) 1250.200 Renewals 1250.205 Advertising 1250.210 Granting Variances 1250.220 Continuing Education
AUTHORITY: Implementing the Funeral Directors and Embalmers Licensing Code [225 ILCS 41] and authorized by Section 2105-15 of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15].
SOURCE: Rules and Regulations for the Administration of the Illinois Funeral Directors and Embalmers Act, effective March 19, 1975; amended at 4 Ill. Reg. 30, p. 1238, effective July 10, 1980; codified at 5 Ill. Reg. 11034; repealed and new rules adopted at 6 Ill. Reg. 4203, effective April 26, 1982; emergency amendment at 7 Ill. Reg. 7675, effective June 14, 1983, for a maximum of 150 days; amended at 9 Ill. Reg. 4529, effective March 27, 1985; transferred from Chapter I, 68 Ill. Adm. Code 250 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1250 (Department of Professional Regulation) pursuant to P.A. 85-225, 472 ILLINOIS REGISTER 473
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NOTICE OF PROPOSED AMENDMENTS effective January 1, 1988, at 12 Ill. Reg. 2931; amended at 13 Ill. Reg. 14061, effective August 29, 1989; amended at 15 Ill. Reg. 8238, effective May 16, 1991; amended at 17 Ill. Reg. 19132, effective October 22, 1993; amended at 23 Ill. Reg. 2296, effective January 22, 1999; amended at 24 Ill. Reg. 550, effective December 31, 1999; amended at 27 Ill. Reg. ______, effective ______.
Section 1250.110 Approved Programs of Mortuary Science
a) The Department of Professional Regulation (the Department) shall approve a program of mortuary science as reputable and in good standing if it meets the following minimum criteria:
1) The educational institution is legally recognized and authorized by the jurisdiction in which it is located to provide courses in mortuary science.
2) Has a faculty which comprises a sufficient number of full-time and part- time instructors to make certain that the educational obligations to the student are fulfilled. The faculty must have demonstrated competence in their area(s) of teaching as evidenced by appropriate degrees from recognized professional colleges or institutions.
3) Has one of the following:
A) A course of study of at least 12 months with at least the following curriculum:
Anatomy Restorative Art Microbiology Embalming Sociology Psychology Chemistry
B) A course of study resulting in an associate's degree in mortuary science or an equivalent associate's degree (i.e., applied science), consisting of courses in liberal arts and sciences as well as the curriculum described in subsection (a)(3)(A) above.
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C) A course of study resulting in a baccalaureate degree in mortuary science.
4) Maintains permanent student records that summarize the credentials for admission, attendance, grades and other records of performance.
b) In determining whether a program should be approved, the Department shall take into consideration but not be bound by accreditation by the American Board of Funeral Service Education, Inc.
c) The Department has determined that all mortuary science programs accredited by the American Board of Funeral Service Education, Inc. as of January 1, 2003 1993, meet the minimum criteria set forth in subsection (a), above and are, therefore, approved.
d) Program Evaluation
1) An applicant from a program of mortuary science that has not been evaluated shall be requested by the Department to provide documentation concerning the criteria in this Section.
2) Once the Department has received the documentation or after 6 months have elapsed from the date of application, whichever comes first, the Department will evaluate the program based on all documentation received from the school and any additional information the Department has received that it deems to be reliable. e) Withdrawal of Approval
1) The Director of the Department (the Director) may withdraw, suspend or place on probation the approval of a program of mortuary science when the quality of the program has been materially affected by any of the following causes:
A) Gross or repeated violations of any provision of the Funeral Directors and Embalmers Licensing Code (the Code) (Ill. Rev. Stat. 1991, ch. 111, pars. 2901-1 et seq., including P.A. 87-966, effective January 1, 1993) [225 ILCS 41];
B) Gross or repeated violations of any of these Rules; 474 ILLINOIS REGISTER 475
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C) Fraud or dishonesty in furnishing documentation for evaluation of the program of mortuary science; or
D) Failure to continue to meet the established criteria for an approved program as set out in this Section.
2) The officials in charge of a program whose approval is being reconsidered by the Department shall be given written notice prior to any action by the Department and such officials may either submit written comments or request a hearing before the Department in accordance with 68 Ill. Adm. Code 1110.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1250.120 Application for Traineeship
a) An applicant for a license as a funeral director and embalmer trainee shall file an application on forms supplied by the Department. The application shall include:
1) Either:
A) An official transcript showing proof of successful completion of at least 30 semester (45 quarter) hours of college credit, not including remedial courses, from an accredited college or university which shall include at least 20 semester (30 quarter) hours of courses in liberal arts, physical, biological, and/or applied sciences; and certification of graduation from a course of study of at least 12 months in an approved program of mortuary science;
B) Certification of graduation with an associate's degree in mortuary science or an equivalent associate's degree (i.e., applied science) from an approved program of mortuary science; or
C) Certification of a baccalaureate degree in mortuary science from an approved program of mortuary science.
2) Certificate of Health, attesting that the applicant has been immunized against diphtheria, hepatitis B and tetanus, signed by a physician currently licensed to practice medicine in all of its branches; 475 ILLINOIS REGISTER 476
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3) Certification of acceptance, completed and signed by a licensed funeral director and embalmer whose license is active and in good standing, stating that the applicant will be studying and training under his/her supervision;
4) A complete work history since completion of an approved program as set forth in Section 1250.110; and
5) The required fee set forth in Section 1250.165 of this Part.
b) Upon receipt of the above documents and review of the application, the Department shall issue a funeral director and embalmer trainee license or notify the applicant, in writing, of the reason for the denial of the application.
c) The provisions of this Section shall apply to all applicants upon adoption without regard to where an applicant is in the application process.
d) All Effective June 1, 1991, all qualified applicants will be issued a funeral director and embalmer trainee license.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1250.135 Application for Licensure
a) An applicant for a license as a funeral director and embalmer, pursuant to Section 10-10 of the Code, shall file an application on forms supplied by the Department. The application shall include the following:
1) Certification of completion of traineeship signed by the licensed funeral director and embalmer under whose supervision the traineeship was performed.
2) Certificate of Health, attesting that the applicant has been immunized against diphtheria, hepatitis B and tetanus, signed by a physician currently licensed to practice medicine in all of its branches.
3) Verification of successful completion of the International Conference of Funeral Service Examining Boards, Inc. National Conference
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Examination, pursuant to Section 1250.140, to be forwarded by the National conference directly to the Department.
4) A complete work history since completion of an approved program as set forth in Section 1250.110.
5) Applicants not having been issued Illinois funeral director and/or embalmer trainee licenses or who have been issued one which has been expired for more than 5 years shall submit the following:
A) Official transcripts showing proof of successful completion of at least 30 semester (45 quarter) hours of college credit, not including remedial courses, which shall include at least 20 semester (30 quarter) hours of courses in liberal arts, physical, biological, and/or applied sciences; and certification of graduation from a course of study of at least 12 months in an approved program of mortuary science;
B) Certification of graduation with an associate's degree in mortuary science from an approved program of mortuary science or an equivalent associate's degree (i.e., applied science); or
C) Certification of a baccalaureate degree in mortuary science from an approved program of mortuary science.
6) The fee specified in Section 1250.165.
b) Upon receipt of the above documents and review of the application, the Department shall issue a license authorizing the applicant to engage in the practice of funeral directing and embalming or notify the applicant, in writing, of the reason for the denial of the application.
c) The Beginning June 1, 1991, the Department shall not issue any new licenses as funeral directors or any new licenses for embalmers.
(Source: Amended at 27 Ill. Reg. ______, effective ______)
Section 1250.140 Examination
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a) The examination shall be the examination administered by the International Conference of Funeral Service Examining Boards, Inc. National Board Examination of the Conference of Funeral Service Examiners written theoretical examination and shall be as follows:
1) Part I (Funeral Service Science):
A) Embalming B) Restorative Art C) Microbiology D) Pathology E) Chemistry F) Anatomy
2) Part II (Funeral Service Arts):
A) Sociology of Funeral Service B) Psychology and Counseling C) Funeral Directing and Professional Relationships D) Business Law E) Funeral Service Law F) Funeral Merchandising G) Accounting/Computers
3) The Department shall receive verification of the successful completion of the International Conference of Funeral Service Examining Boards, Inc. National Board Examination administered by the National Conference of Funeral Service Examiners. The passing score shall be the passing score established by the testing entity. Successful completion shall be an average score of 75% or greater with no score less than 70% on any one part. Verification shall be received directly from the International Conference of Funeral Service Examining Boards, Inc. National Conference of Funeral Service Examiners.
4) A score of 75% shall be required for each part retaken.
b) An examination fee shall be paid to the designated testing service for each examination or any part retaken.
478 ILLINOIS REGISTER 479
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
c) The provisions of this Section shall apply to all applicants upon adoption without regard to where an applicant is in the application process.
(Source: Amended at 27 Ill. Reg. _____, effective ______)
Section 1250.160 Restoration
a) A licensee seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Department, together with the following:
1) The restoration fee(s) specified in Section 1250.165. When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in Section 1250.165.
2) Proof of completion of the required number of continuing education (CE) hours for one prerenewal period as specified in Section 1250.220 of this Part. Acceptable proof of completion shall be in the form of certificates of attendance provided by approved sponsors of continuing education programs.
3) Either:
A) Sworn evidence of active practice in another jurisdiction. Such evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of said active practice;
B) An affidavit attesting to military service as provided in Sections 5- 15 and 10-35 of the Code. If application is made within 2 years of discharge, and if all other provisions of Sections 5-15 and 10-35 of the Code are satisfied, the applicant will not be required to pay a restoration fee or any lapsed renewal fees; or
C) Evidence of other education or experience acceptable to the Department of the licensee's fitness to have the license restored. Such evidence shall be reviewed on a case by case basis by the Board.
479 ILLINOIS REGISTER 480
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
b) A licensee seeking restoration of a license that has expired or been on inactive status for less than 5 years, or has been placed in nonrenewed status for failure to comply with CE requirements shall file an application on forms provided by the Department, together with the following:
1) The restoration fee(s) specified in Section 1250.165. When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in Section 1250.165.
2) Any licensee restoring a license after June 1, 1993, shall be required to submit proof of completion of the required number of CE hours for one prerenewal period as specified in Section 1250.220 of this Part. Acceptable proof of completion shall be in the form of certificates of attendance provided by sponsors of approved continuing education programs.
c) Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 65 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the continuing education requirements.
d) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration of a license will be requested to:
1) Provide such information as may be necessary; and/or
2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information. Upon the recommendation of the Board and approval by the Department, an applicant shall have the license restored.
e) Persons to whom a funeral director license and embalmer license were issued prior to June 1, 1991, shall be required to restore both licenses. Persons to whom a funeral director license was issued prior to June 1, 1991, will be allowed to restore that license.
(Source: Amended at 27 Ill. Reg. _____, effective ______) 480 ILLINOIS REGISTER 481
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
Section 1250.200 Renewals
a) Every license issued under the Code shall expire on May 31 of each odd numbered year. The holder of a license may renew it during the month preceding its expiration date by paying the required fee.
b) All Beginning with the 1993 renewal, all funeral director licensees and funeral director and embalmer licensees shall be required to comply with the continuing education requirements set forth in Section 1250.220 of this Part.
c) It is the responsibility of each licensee to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee and to renew one's license.
d) No license of a funeral director and embalmer trainee shall be renewed more than twice (Section 10-35 of the Code).
e) Practicing or attempting to practice while a license is non-renewed shall be considered unlicensed practice and shall be grounds for discipline in accordance with Section 15-75 of the Code.
(Source: Amended at 27 Ill. Reg. _____, effective ______)
481 ILLINOIS REGISTER 482
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Perfusionist Practice Act
2) Code Citation: 68 Ill. Adm. Code 1335
3) Section Numbers: Proposed Action:
1335.30 amended
4) Statutory Authority: Perfusionist Practice Act [225 ILCS 125]
5) A Complete Description of the Subjects and Issues Involved:
Section 1335.30 sets forth the requirements for applicants to obtain a license under the grandfather provisions. The Department is extending the date for applicants to obtain a license under the grandfather provisions from November 1, 2002 to February 1, 2003.
6) Do these proposed Rules replace an emergency Rule currently in effect? Yes
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed Rules contain incorporations by reference? No
9) Are there any other proposed Rules pending on this Part? No
10) Statement of Statewide Policy Objectives (if applicable):
This rulemaking has no effect on local governments.
11) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:
Interested persons may submit written comments to:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax #: 217/782-7645
482 ILLINOIS REGISTER 483
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
All written comments received within 45 days after this issue of the Illinois Register will be considered.
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not for profit corporations affected: Those providing perfusion services.
B) Reporting, bookkeeping or other procedures required for compliance: N/A
C) Types of professional skills necessary for compliance:
Perfusion skills are necessary for licensure.
13) Regulatory Agenda on which this rulemaking was summarized: January 2003
The full text of the Proposed Amendments is the same As the text that appears in the Emergency Amendment published in this issue of the Illinois Register on page 576 :
483 ILLINOIS REGISTER 484
DEPARTMENT OF PUBLIC AID
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Hospital Services
2) Code Citation: 89 Ill. Adm. Code 148
3) Section Numbers: Proposed Action:
148.140 Amendment
4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13] and Public Act 92-597
5) Complete Description of the Subjects and Issues Involved: These proposed amendments provide reimbursement changes and additional funding for Critical Clinic Provider Pharmacies. Under these changes, prescribed drugs that are not a component of an all inclusive encounter will be separately reimbursed. The changes will affect qualifying clinics that are owned or operated by a county with a population of over three million, that are within or adjacent to a hospital, and that meet the Department’s efficiency standards as described at Section 148.140(e). These changes are expected to result in a spending increase of approximately $70 million for the remainder of fiscal year 2003. However, these expenditures will be offset in their entirety by additional federal matching funds and intergovernmental transfer funds, resulting in no net costs to the State.
6) Will these proposed amendments replace emergency amendments currently in effect? No
7) Does this rulemaking contain an automatic repeal date? No
8) Do these proposed amendments contain incorporations by reference? No
9) Are there any other proposed amendments pending on this Part? Yes
Sections Proposed Action Illinois Register Citation
148.105 New Section August 30, 2002 (26 Ill. Reg.13046) 148.115 New Section August 30, 2002 (26 Ill. Reg.13046) 148.126 Amendment December 2, 2002 (26 Ill. Reg.17143) 148.295 Amendment August 30, 2002 (26 Ill. Reg.13046) 148.310 Amendment August 30, 2002 (26 Ill. Reg.13046)
10) Statement of Statewide Policy Objectives: These proposed amendments do not affect units of local government. ILLINOIS REGISTER 485
DEPARTMENT OF PUBLIC AID
NOTICE OF PROPOSED AMENDMENTS
11) 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:
Joanne Scattoloni Office of the General Counsel, Rules Section Illinois Department of Public Aid 201 South Grand Avenue East, Third Floor Springfield, Illinois 62763-0002 (217)524-0081
The Department requests the submission of written comments within 30 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].
Any interested persons may review these proposed amendments on the Internet at http://www.state.il.us/dpa/html/publicnotice.htm. Access to the Internet is available through any local public library. In addition, the amendments may be reviewed at the Illinois Department of Human Services' local offices (except in Cook County). In Cook County, the amendments may be reviewed at the Office of the Director, Illinois Department of Public Aid, 100 West Randolph Street, Tenth Floor, Chicago, Illinois. The amendments may be reviewed at all offices Monday through Friday from 8:30 a.m. until 5:00 p.m. This notice is being provided in accordance with federal requirements at 42 CFR 447.205.
These proposed amendments may have an impact on small businesses, small municipalities, and not-for-profit corporations as defined in Sections 1-75, 1-80 and 1-85 of the Illinois Administrative Procedure Act [5 ILCS 100/1-75, 1-80, 1-85]. These entities may submit comments in writing to the Department at the above address in accordance with the regulatory flexibility provisions in Section 5-30 of the Illinois Administrative Procedure Act [5 ILCS 100/5-30]. These entities shall indicate their status as small businesses, small municipalities, or not-for-profit corporations as part of any written comments they submit to the Department.
12) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: Critical Clinic Providers will be affected ILLINOIS REGISTER 486
DEPARTMENT OF PUBLIC AID
NOTICE OF PROPOSED AMENDMENTS
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
13) Regulatory Agenda on Which this Rulemaking Was Summarized: These proposed amendments were not included on either of the two most recent agendas because:
This rulemaking was not anticipated by the Department when the two most recent regulatory agendas were published.
The full text of the proposed amendments is identical to the text of the emergency amendments that appears in this issue of the Register on page 580 :
ILLINOIS REGISTER 487
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Calculation, Assessment and Collection of Periodic Fees
2) Code Citation: 38 Ill. Adm. Code 375
3) Section Numbers: Adopted Action:
375.10 Amended 375.20 Amended 375.30 Amended 375.31 Amended 375.32 Amended 375.33 Amended 375.36 New 375.41 Amended 375.70 Amended
4) Statutory Authority: Implementing Section 48(3) of the Illinois Banking Act [205 ILCS 5/48(3)], Section 17 of the Foreign Banking Office Act [205 ILCS 645/17], Sections 4 and 8 of the Foreign Bank Representative Office Act [205 ILCS 650/4 and 8], and Section 5-10 of the Corporate Fiduciary Act [205 ILCS 620/5-10] and authorized by Section 48(3) of the Illinois Banking Act [205 ILCS 5/48(3), Section 17 of the Foreign Banking Office Act [205 ILCS 645/17], Sections 4 and 8 of the Foreign Bank Representative Office Act [205 ILCS 650/4 and 8] and Section 5-1 of the Corporate Fiduciary Act [205 ILCS 620/5-1].
5) Effective Date of Amendments: December 27, 2002
6) Does this rulemaking contain an automatic repeal date? No
7) Do these adopted amendments contain incorporations by reference? No
8) A copy of these adopted amendments is on file in the Office of Banks and Real Estate’s (OBRE’s) principal office and is available for public inspection.
9) Notice(s) of Proposal Published in Illinois Register: 26 Ill. Reg. 13732 on September 20, 2002
10) Has JCAR issued a Statement of Objection to these amendments? If answer is "yes," please complete the following: No
ILLINOIS REGISTER 488
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
11) Difference(s) between proposal and final version: OBRE has incorporated JCAR’s recommendations for technical changes.
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 these amendments replace any emergency amendments currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Amendments: The amendments modify and update the existing regulatory fee rule that applies to Illinois state chartered banks, foreign banking offices, and foreign bank representative offices regulated by the Office of Banks and Real Estate. Certain fees are being established or increased to insure that regulatory fees for these institutions are sufficient to cover the cost of regulation and are assessed in an equitable manner. The amendments increase the annual fixed fee for state banks from $2,000 to $2,400, and raise the statutory EDP fee paid by state banks from 15% of a bank’s call report fee to 16% of the fee. Quarterly fees paid by state banks receiving regulatory ratings in the lowest 2 categories increase to reflect the greater regulatory effort expended on such banks. Pursuant to authority granted in PA 92-483, the amendments increase the foreign representative office application fee from $300 to $700 and impose a new examination fee to be paid by a foreign bank to help defray the cost of OBRE’s regulation of foreign bank representative offices. A cross-reference for calculation of corporate fiduciary regulatory fees is corrected in Section 375.41.
16) Information and questions regarding these adopted amendments shall be directed to:
Alan Anderson Legislative Liaison Office of Banks and Real Estate 500 E. Monroe Street Springfield, IL 62701 217/782-3000
The full text of the adopted amendments begins on the next page:
ILLINOIS REGISTER 489
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
TITLE 38: FINANCIAL INSTITUTIONS CHAPTER II: OFFICE OF BANKS AND REAL ESTATE
PART 375 CALCULATION, ASSESSMENT AND COLLECTION OF PERIODIC FEES
Section 375.10 Purpose 375.20 Definitions 375.30 Call Report Fees 375.31 Electronic Data Processing Fee 375.32 Assessment of 3, 4, or 5 Rated State Banks 375.33 Foreign Banking Office Minimum Quarterly Fee 375.34 Corporate Fiduciary Regulatory Fees 375.36 Foreign Bank Representative Office Regulatory Fees 375.40 Calculation of Call Report and Electronic Data Date Processing Fees for Resulting State Banks 375.41 Calculation of Corporate Fiduciary Regulatory Fees for Resulting Corporate Fiduciaries 375.50 Assessment of Accrued Fees Against a Converting or Merging State Bank 375.51 Assessment of Accrued Fees Against a Corporate Fiduciary 375.60 Credits and Additional Assessments Not Applicable to Resulting National Banks 375.70 Payment by Electronic Transfer or Automatic Debit
AUTHORITY: Implementing Section 48(3) of the Illinois Banking Act [205 ILCS 5/48(3)], Section 17 of the Foreign Banking Office Act [205 ILCS 645/17], Sections 4 and 8 of the Foreign Bank Representative Office Act [205 ILCS 650/4 and 8], and Section 5-10 of the Corporate Fiduciary Act [205 ILCS 620/5-10] and authorized by Section 48(3) of the Illinois Banking Act [205 ILCS 5/48(3)], Section 17 of the Foreign Banking Office Act [205 ILCS 645/17], Sections 4 and 8 of the Foreign Bank Representative Office Act [205 ILCS 650/4 and 8], and Section 5-1 of the Corporate Fiduciary Act [205 ILCS 620/5-1].
SOURCE: Adopted at 21 Ill. Reg. 8375, effective June 29, 1997; amended at 24 Ill. Reg. 225, effective December 31, 1999; amended at 27 Ill. Reg. 487, effective December 27, 2002.
Section 375.10 Purpose
This Part sets forth the manner in which the Office of Banks and Real Estate shall calculate, assess and collect Call Report Fees, Electronic Data Processing Fees, Foreign Bank Representative Office Regulatory Fees, and Corporate Fiduciary Regulatory Fees payable by state banks, foreign bank representative offices, and corporate fiduciaries pursuant to Section ILLINOIS REGISTER 490
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
48(3) of the Illinois Banking Act, Section 17 of the Foreign Banking Bank Office Act, Section 4 of the Foreign Bank Representative Office Act, and Section 5-10 of the Corporate Fiduciary Act. Nothing in this Part is to be construed as limiting or being applicable to other fees that the Office of Banks and Real Estate may assess pursuant to the Illinois Banking Act, Foreign Banking Bank Office Act, Foreign Bank Representative Office Act, Corporate Fiduciary Act, or other State laws or rules.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.20 Definitions
"Call Report Fee" means the fee to be paid to the Commissioner by each state bank pursuant to Section 48(3)(a) of the Act.
"Commissioner" means the Commissioner of the Office of Banks and Real Estate or a person authorized by the Commissioner to act in the Commissioner's stead.
"Corporate fiduciary" shall have the meaning ascribed to that term in Section 1- 5.05 of the Corporate Fiduciary Act [205 ILCS 620/1-5.05].
"Corporate Fiduciary Regulatory Fee" means the fee to be paid to the Commissioner by each corporate fiduciary pursuant to Section 5-10(a) of the Corporate Fiduciary Act.
"Electronic Data Processing Fee" means the fee to be paid to the Commissioner by each state bank pursuant to Section 48(3)(a-2) of the Act.
"Foreign bank representative office" shall mean those entities subject to the Foreign Bank Representative Office Act [205 ILCS 650].
"State bank" means a banking corporation that has a banking charter issued by the Commissioner under the Act, and shall include a foreign banking office holding a certificate of authority pursuant to the Foreign Banking Office Act [205 ILCS 645].
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.30 Call Report Fees
Each state bank shall pay to the Commissioner a Call Report Fee which shall be paid in quarterly installments equal to one-fourth of the sum of the annual fixed fee of $2,400, $2,000, plus a ILLINOIS REGISTER 491
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS variable fee based on the assets shown on the quarterly statement of condition delivered to the Commissioner in accordance with Section 47 of the Illinois Banking Act [205 ILCS 5/47] for the preceding quarter according to the following schedule: 1716¢ per $1,000 of the first $5,000,000 of total assets; 1615¢ per $1,000 of the next $20,000,000 of total assets; 1413¢ per $1,000 of the next $75,000,000 of total assets; 9.59¢ per $1,000 of the next $400,000,000 of total assets; 7.57¢ per $1,000 of the next $500,000,000 of total assets; 5.55¢ per $1,000 of the next $19,000,000,000 of total assets; 2¢ per $1,000 of the next $30,000,000,000 of total assets; 1¢ per $1,000 of the next $50,000,000,000 of total assets; and .5¢ per $1,000 of all assets in excess of $100,000,000,000 of the state bank. The Call Report Fee shall be calculated by the Commissioner and billed to state banks for remittance at the time of the quarterly statements of condition provided for in Section 47 of the Act.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.31 Electronic Data Processing Fee
Each state bank shall pay to the Commissioner an Electronic Data Processing ("EDP") Fee equal to 16% 15% of the state bank's Call Report Fee. The EDP Fee shall be calculated by the Commissioner and billed to state banks for remittance with the Call Report Fee.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.32 Assessment of 3, 4, or 5 Rated State Banks
If a state bank has received a Uniform Financial Institution Rating System ("UFIRS") composite rating of 3, 4, or 5 on its last state or federal examination, the state bank's total quarterly fee shall be increased by 25% for a 3 rated bank and 50% for a 4 or 5 rated bank on the bank's subsequent quarter billing. This assessment shall stay in effect until the quarter following the state bank's receipt of a UFIRS composite rating of 1 or 2 at the next state State or federal examination.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.33 Foreign Banking Office Minimum Quarterly Fee
The minimum quarterly fee for a foreign banking office holding a certificate of authority pursuant to the Foreign Banking Office Act [205 ILCS 645] shall be $2,500 $1,250.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.36 Foreign Bank Representative Office Regulatory Fees
ILLINOIS REGISTER 492
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
a) An applicant for a foreign bank representative office license shall submit a completed application, in a form prescribed by the Commissioner, along with an application fee of $700. b) The Commissioner shall annually send a foreign bank representative office licensee an annual license renewal notice. The annual renewal fee shall be $300. c) When the Commissioner’s examination personnel conduct an examination of a foreign bank representative office, the variable exam-day fee shall be calculated at the rate of $350 for each one-half examiner-day of work expended in performing the examination, subject to a minimum one-day charge. The variable exam-day fee shall be calculated by the Commissioner and billed to the foreign bank representative office on the last day of the calendar quarter following the calendar quarter in which the examination occurred. d) Payment of the fees prescribed in subsections (b) and (c) of this Section shall be due within 30 calendar days of the billing date. Any foreign bank representative office that has failed to submit any required fee within 60 calendar days after the billing date may incur an additional late fee of $100 per day. e) Unless otherwise permitted by the Commissioner, payment of the application fee and annual renewal fee provided for in this Section shall be made to the Commissioner by certified check, money order, an electronic transfer of funds, or an automatic debit of an account. Certified checks or money orders shall be made payable to the Office of Banks and Real Estate.
(Source: Added at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.41 Calculation of Corporate Fiduciary Regulatory Fees for Resulting Corporate Fiduciaries
When a corporate fiduciary results from a merger of one or more financial institutions into the resulting corporate fiduciary, the Corporate Fiduciary Regulatory Fee shall be calculated for the resulting corporate fiduciary in the manner set forth in Section 375.34 375.32 of this Part. If a statutorily required examination is not performed on the resulting corporate fiduciary prior to a quarter end, the variable exam-day fee will be based on the aggregate number of exam days expended by the Commissioner in performing the most recent statutorily required examination for each corporate fiduciary involved in the merger.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
Section 375.70 Payment by Electronic Transfer or Automatic Debit
Payment of all fees assessed by the Commissioner pursuant to Section 48(3) of the Act [205 ILCS 5/48(3)], Section 17 of the Foreign Banking Bank Office Act [205 ILCS 645/17], and ILLINOIS REGISTER 493
OFFICE OF BANKS AND REAL ESTATE
NOTICE OF ADOPTED AMENDMENTS
Section 5-10 of the Corporate Fiduciary Act [205 ILCS 620/5-10] shall be made by each state bank and corporate fiduciary to the Commissioner by means of electronic transfer of funds from, or automatic debit of, an account of the state bank or corporate fiduciary, unless the Commissioner authorizes a state bank or corporate fiduciary to submit payment by some other means.
(Source: Amended at 27 Ill. Reg. 487, effective December 27, 2002)
ILLINOIS REGISTER 494
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
1) The Heading of the Part: Part 401, Licensing Standards for Child Welfare Agencies
2) Code Citation: 89 III. Adm. Code 401
3) Section Numbers: Adopted Actions
401.40 Amended 401.145 New 401.150 Amended 401.155 New
4) Statutory Authority: Children and Family Services Act [20 ILCS 505/5]; implementing Section 325 ILCS 5/7.16
5) Effective Date of Rule(s): January 15, 2003
6) Does this rulemaking contain an automatic repeal date? No
7) Does this proposed amendment contain incorporations by reference? No
8) A copy of the adopted rule is on file in the agency’s principal office and is available for public inspection.
9) Notice of Proposal Published in Illinois Register: 26 Ill Reg. 11630, 8/02/2002
10) Has JCAR issued a Statement of Objections to this rule? No
11) Difference(s) between proposal and final version: Other than editing and formatting corrections, no differences are present.
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 rule replace an emergency rule currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Rule Amendments: The Department is amending Part 401 as follows:
ILLINOIS REGISTER 495
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
In Section 401.40, the definition of “Deemed Status” is amended to include agencies that have attained full accreditation status from the Council on accreditation for four years with no substantiated licensing violations.
In Section 401.145, was added listing the requirements for renewal of application for agencies in deemed status. In Section 401.150, language was changed to clarify the requirements for deemed status. Meeting the requirements of deemed status replaces the requirement of a license renewal study.
Section 401.155, was added to set conditions for removing an agency from deemed status.
16) Information and questions regarding these adopted rules shall be directed to:
Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 E. Monroe, Station #65 Springfield, Illinois 62703-1498 Telephone: (217) 524-1983 TDD: (217) 524-3715 E-Mail: [email protected]
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 496
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER e: REQUIREMENTS FOR LICENSURE
PART 401 LICENSING STANDARDS FOR CHILD WELFARE AGENCIES
Section 401.1 Purpose (Repealed) 401.2 Definitions (Repealed) 401.3 Effective Date of Standards (Repealed) 401.4 Application for License (Repealed) 401.5 Application for Renewal of License (Repealed) 401.6 Provisions Pertaining to License (Repealed) 401.7 Provisions Pertaining to Permit (Repealed) 401.8 Incorporation (Repealed) 401.9 Composition and Responsibilities of the Governing Body (Repealed) 401.10 Finances (Repealed) 401.11 The Administrator (Repealed) 401.12 Social Work Supervisors (Repealed) 401.13 Child Welfare Workers (Repealed) 401.14 Professional Staff (Repealed) 401.15 Support Personnel (Repealed) 401.16 Volunteers (Repealed) 401.17 Background Checks (Repealed) 401.18 Legal Safeguards of Children Served (Repealed) 401.19 Required Written Consents (Repealed) 401.20 Agency Responsibility (Repealed) 401.21 Interstate Placement of Children (Repealed) 401.22 Health and Medical Services for Children (Repealed) 401.23 Records and Reports (Repealed) 401.24 Records Retention (Repealed) 401.25 Agency Supervised Foster Family Homes, Group Homes and Day Care and Night Care Homes (Repealed) 401.26 Severability of This Part (Repealed)
SUBPART A: INTRODUCTION AND DEFINITIONS
401.30 Purpose 401.40 Definitions ILLINOIS REGISTER 497
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
SUBPART B: PERMITS AND LICENSES
401.100 Application for License 401.110 Provisions Pertaining to Permits 401.120 Provisional Licenses 401.130 Provisions Pertaining to Licenses 401.140 Application for Renewal of License 401.145 Renewal Application Under Deemed Status 401.150 Acceptance of Accreditation through Deemed Status in Lieu of License Renewal Study 401.155 Removal of Agency from Deemed Status 401.160 Voluntary Surrender of License
SUBPART C: ADMINISTRATION AND FINANCIAL MANAGEMENT
401.200 Incorporation 401.210 Composition and Responsibilities of the Governing Body 401.220 Organization and Administration 401.230 Finances 401.240 Background Checks 401.250 Required Reporting to the Department 401.260 Required Record Keeping 401.270 Records Retention
SUBPART D: PERSONNEL REQUIREMENTS
401.300 The Executive Director 401.310 Child Welfare Supervisors 401.320 Child Welfare Workers 401.330 Licensing Staff 401.340 Professional Staff 401.350 Support Personnel 401.360 Use of Volunteer Services 401.370 Non-Discrimination Against Employees Who Report Suspected Licensing Violations 401.380 Personnel Records
SUBPART E: SERVICES TO CHILDREN
ILLINOIS REGISTER 498
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
401.400 Legal Safeguards of Children Served 401.410 Required Written Consents 401.420 Agency Responsibility 401.430 Interstate Placement of Children 401.440 Health and Medical Services for Children 401.450 Transportation of Children 401.460 Agency Supervised Foster Family Homes, Group Homes and Day Care Homes 401.470 Agency Responsibilities for Adoption Services 401.480 Agency Responsibilities for Independent Living Programs
SUBPART F: SEVERABILITY CLAUSE
401.500 Severability of This Part
APPENDIX A Licensing Progression for Child Welfare Agencies APPENDIX B Requirements for Operation of Branch Offices APPENDIX C Management Representations of Child Welfare Agency Financial Condition and Operations APPENDIX D Minimum Requirements for a Risk Management Plan APPENDIX E Acceptance of Voluntary Surrender of License – No Investigations Pending APPENDIX F Acceptance of Voluntary Surrender of License – Investigations Pending APPENDIX G Acceptable Human Services Degrees APPENDIX H Professionals Who Must Be Registered or Licensed to Practice in the State of Illinois
AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10].
SOURCE: Adopted and codified at 5 Ill. Reg. 11351, effective November 12, 1981; amended at 7 Ill. Reg. 3428, effective April 4, 1983; amended at 11 Ill. Reg. 17511, effective October 15, 1987; amended at 21 Ill. Reg. 4502, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 9151, effective July 1, 1997, for a maximum of 150 days; emergency amendment modified in response to JCAR Objection at 21 Ill. Reg. 13929 and 14379; emergency expired on November 26, 1997; amended at 22 Ill. Reg. 10329, effective May 26, 1998; amended at 24 Ill. Reg. 9340, effective July 7, 2000; emergency amendment at 26 Ill. Reg. 6857, effective April 17, 2002, for a maximum of 150 days; emergency expired September 13, 2002; amended at 26 Ill. Reg. 494, effective January 15, 2003.
SUBPART A: INTRODUCTION AND DEFINITIONS
ILLINOIS REGISTER 499
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
Section 401.40 Definitions
"Adequate assets" means the child welfare agency has sufficient liquid assets in reserve or has other sources of income and a line of credit independent of Department contracts which would allow it to provide continuous agency operations and provide services such as staff, taxes, rent, utilities, and supplies for a period of at least 30 days.
"Administrative order of closure" means a severe administrative sanction, approved by the Director of the Department of Children and Family Services, to close immediately an unlicensed child care facility, a child care facility which is exempt from licensure, or a licensed child care facility prior to revocation of the facility's license. An administrative order of closure is issued only when continued operation of the child care facility jeopardizes the health, safety, morals, or welfare of children served by the facility.
"Age appropriate safety restraint" means, for a child under four years of age, a child restraint system (infant carrier, infant/toddler seat, or convertible safety seat) which meets the standards of the United States Department of Transportation designed to restrain, seat or position children. For a child four years of age or older, an age- appropriate safety restraint means a child restraint system or seat belt (lap belt or lap- shoulder belt combination).
"Authorized representative of the governing body" means the person authorized by formal action at a meeting of the Board of Directors to act on behalf of the child welfare agency and sign the license renewal application (but not the initial application for license), contracts, and other such documents, on behalf of the governing body. Such authorization shall be in writing on agency letterhead, submitted to the Department licensing worker, and signed by the president or chairperson of the Board of Directors and the secretary of the Board of Directors.
"Background check" means:
a criminal history check via fingerprints of persons age 18 and over which are submitted to the Illinois State Police and the Federal Bureau of Investigation (FBI), for comparison to their criminal history records, as appropriate; and
a check of the Child Abuse and Neglect Tracking System (CANTS) and other state child protection systems, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child ILLINOIS REGISTER 500
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
abuse or neglect; and
a check of the Statewide Child Sex Offender Registry.
"Chief fiscal officer" means the staff position with primary responsibility for the receipt, distribution and accounting for all financial transactions of the agency.
"Child" means any person under 18 years of age. (Section 2.01 of the Child Care Act of 1969 [225 ILCS 10/2.01])
"Child care facility" means any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this Act, established and maintained for the care of children. "Child care facility" includes a relative who is licensed as a foster family home under Section 4 of the Child Care Act of 1969. [225 ILCS 10/2.05]
"Child welfare agency" means a public or private child care facility, receiving any child or children for the purpose of placing or arranging for the placement of the child or children in foster family homes or other facilities for child care, apart from the custody of the child's or children's parents. The term "child welfare agency" includes all agencies established and maintained by a municipality or other political subdivision of the State of Illinois to protect, guard, train or care for children outside their own homes, but does not include any circuit court or duly appointed juvenile probation officer or youth counselor of the court, who receives and places children under an order of the court. [225 ILCS 10/2.08]
"Conditional license" means a nonrenewable license for a period not to exceed six months which may be granted to a child care facility when the facility has agreed to a corrective plan to amend identified deficiencies and bring the facility into reasonable compliance with all licensing standards. Conditional licenses may be issued with the approval of the Department only where no threat to the health, safety, morals or welfare of the children served exists. Any other license held by the facility shall be revoked when the conditional license is issued.
"Corrective plan" means a written plan approved by the Department's regional licensing administrator which identifies deficiencies in a child care facility's operations and which allows the facility a maximum of six months to correct the identified deficiencies and come into reasonable compliance with all applicable ILLINOIS REGISTER 501
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
licensing standards.
"Deemed status" means the Department has approved the programs of a child welfare agency as in compliance with the requirements of this Part because the agency these programs:
has have received full accreditation status from the Council on Accreditation of Services for Families and Children and Family Services (2001 1997 Standards); and
during the past four years, there have been no substantiated licensing violations that complaints which affect the health, safety, morals, or welfare of children served by the these accredited agency programs.
"Department" means the Illinois Department of Children and Family Services. [225 ILCS 10/2.02]
"Full license" means the agency is operating under a current child welfare agency license rather than a permit, a provisional license, a conditional license, or a license which has been revoked or which has expired after the agency failed to file a timely and sufficient application for license renewal.
"Governing body" means all members of the board of directors of a corporation.
"Guardian" means the guardian of the person of a minor. [225 ILCS 10/2.03]
"Immediate family member" means a person's spouse, son, daughter, mother, father, sibling, brother- or sister-in-law, or other legal dependent.
"Inadequate assets" means the child welfare agency has less than 30 days of operating expenses available to them in liquid assets as required by the definition of adequate assets in this Section.
"Initial application for license" means the first application for licensure as a child welfare agency submitted by the individual, corporation, or other legal entity.
"License" means a document issued by the Department of Children and Family Services which authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969.
ILLINOIS REGISTER 502
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
"License applicant" means those individuals, corporations, or other legal entities who have applied for a license from the Department of Children and Family Services.
"Licensee" means those individuals, corporations or other legal entities who hold a license or permit issued by the Department of Children and Family Services.
"Licensing worker" means persons authorized by the Department under the Child Care Act of 1969 to examine facilities for licensure.
"Minor traffic violation" means a traffic violation under the laws of the State of Illinois or any municipal authority therein or another state or municipal authority which is punishable solely as a petty offense. (See Section 6-601 of the Illinois Driver Licensing Law [625 ILCS 5/6-601].)
"New application for child welfare agency license" means a license is sought to operate a child welfare agency when:
the applicant has applied previously for a child welfare agency license and withdrew the license application before a decision was made on the application for license; or
the applicant had been licensed previously as a child welfare agency, but voluntarily surrendered the license; or
the applicant had been licensed previously as a child welfare agency, but the Department revoked or refused to renew the license.
"Permit" means a one-time only document issued by the Department of Children and Family Services to allow the license applicant to become eligible for an initial license. Permits may be for a maximum six month period, except that permits granted to foster family homes and day care homes are limited to a maximum of two months.
"Petty offense" means any offense for which a sentence to a fine only is provided. (Section 5-1-17 of the Unified Code of Corrections [730 ILCS 5/5-1-17])
"Provisional license" means a license issued for a period not to exceed two years to allow a licensed child welfare agency to demonstrate the ability to operate a business in a responsible fashion. During the provisional license period, the Department may exercise more stringent oversight or place more stringent requirements on the child welfare agency. ILLINOIS REGISTER 503
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
"Psychotropic medication" means medication whose use for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification or behavioral management purposes is listed in the AMA Drug Evaluations (Drug Evaluation Subscription, American Medical Association, Vols. I-III, Summer 1993) or Physician's Desk Reference (Medical Economics Data Production Company, 49th Edition, 1995) or which are administered for any of these purposes. (Section 1-121.1 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-121.1])
"Refusal to issue license" means the formal decision of the Department to decline to issue a license to the holder of a permit.
"Refusal to renew a license" means the formal decision of the Department to decline to issue a succeeding license, although the licensee has submitted a timely and sufficient application for license renewal, to the holder of a child care facility license or permit.
"Replacement or supplemental staff" means any paid or unpaid individual who is used to perform essential staff duties as evidenced by being counted in the staff-child ratio or being allowed to be alone with children receiving care in a licensed child care facility outside the visual or auditory supervision of facility staff.
"Reputable character" means there is satisfactory evidence that the moral character of the applicant is trustworthy.
"Responsible" means trustworthy performance of expected duties in accordance with established professional standards, State and federal law, and the rules of the Department of Children and Family Services.
"Revocation" means the termination of a full license or provisional license to operate a child care facility by a formal action of the Department. License revocations shall be conducted in accordance with Section 8 or 8.1 of the Child Care Act of 1969 [225 ILCS 10/8 and 8.1].
"Risk management plan" means a document developed in accordance with Appendix D of this Part that outlines the process for identifying and analyzing loss exposures, examining alternative risk control methods, and making and carrying out decisions that will minimize the adverse effects of accidental losses.
"Timely and sufficient application for license renewal" means the child welfare ILLINOIS REGISTER 504
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
agency submitted the application for renewal of the license at least 90 days before the expiration date, the application was complete, dated, and signed by an authorized party, and the materials required by Section 401.140 were attached to the application for license renewal. License renewal applications for foster family homes or day care homes under the supervision of the child welfare agency are considered timely if the application was returned to the agency within the time frames required by the respective licensing standards 89 Ill. Adm. Code 402 (Licensing Standards for Foster Family Homes) or 89 Ill. Adm. Code 406 (Licensing Standards for Day Care Homes).
"Valid license" means a license which has not been revoked or expired, or which would have expired except that the child welfare agency submitted a timely and sufficient application for license renewal and the Department has not yet rendered a decision on the application, and the facility has not been issued an administrative order of closure.
"Voluntary surrender of license" means that, in writing, the licensee has offered and the Department has accepted the licensee's offer to give up a valid license of his, her or its own free will. The Department is not required to accept the offer of the license and, in the Department's sole discretion, may decline to accept the license.
(Source: Amended at 26 Ill. Reg. 494, effective January 15, 2003)
SUBPART B: PERMITS AND LICENSES
Section 401.145 Renewal Application Under Deemed Status
a) A child welfare agency in deemed status doing business with the Department shall submit to the Department: 1) Signed and completed renewal application on forms provided by the Department; 2) Written description of any change in the agency's corporate exempt status, charitable trust registration, and range of services provided; 3) List of current employees, including the Executive Director; 4) List of current board members, including their names, home phone numbers, and addresses; 5) List of all child care facilities supervised by the agency, including licensed and unlicensed foster family and day care homes, and all branch offices operated by the agency; 6) Copy of any Corrective Plan currently in place; 7) Copy of information submitted by the agency to the Council on ILLINOIS REGISTER 505
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
Accreditation, including: A) Results of/information about the agency's consumer surveys; B) Information regarding any "hold" on the agency's intake placed by the Council on Accreditation for Children and Family Services (Council or Accreditation), including: was the hold for any part of the current license sequence; was the agency on hold at the time of renewal; reason for the hold and duration of the hold status; and C) Copy of the most recent Annual Maintenance of Accreditation Report the agency filed with the Council on Accreditation; 8) Copy of letter the agency has from the Council on Accreditation showing that the agency is fully accredited. b) The Department shall obtain the following information from other sources about the agency in deemed status that is doing business with the Department: 1) Results of agency's financial audit and any documented financial problems; 2) Number of indicated child abuse/neglect investigations and licensing complaint investigations involving homes and/or facilities supervised by the agency; 3) Council on Accreditation confirmation that the agency is fully accredited and in good standing; and 4) Confirm the hold information provided by the agency with the Agency Performance Team. c) Agencies not doing business with the Department shall submit to the Department: 1) Signed and completed renewal application on a form provided by the Department; 2) Written description of any change (if applicable) in the agency's corporate exempt status, charitable trust status and range of services provided; 3) List of current employees, including the Executive Director; 4) List of current board members, including their names, home phone numbers and addresses; 5) List of all child care facilities supervised by the agency, including licensed and unlicensed foster family and day care homes; 6) Copy of information the agency submitted to the Council on Accreditation regarding results of/information about the agency's consumer surveys; 7) Copy of the last Annual Maintenance of Accreditation Report the agency filed with the Council on Accreditation; 8) Copy of letter the agency has from the Council on Accreditation showing that the agency is fully accredited; and 9) Copy of most recent audit. d) The Department shall obtain the following information from other sources about ILLINOIS REGISTER 506
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
the agency in deemed status that is not doing business with the Department: 1) Number of indicated child abuse/neglect investigations and licensing complaint investigations involving homes and/or facilities supervised by the agency; and 2) Confirm with the Council on Accreditation that the agency is fully accredited and in good standing.
(Source: Added at 26 Ill. Reg. 494, effective January 15, 2003)
Section 401.150 Acceptance of Accreditation through Deemed Status in Lieu of License Renewal Study
a) When a program of the child welfare agency is fully accredited by the Council on Accreditation of Services for Families and Children and Family Services,Inc. (Council on Accreditation), 120 Wall Street, 11th Floor, New York, NY 10005 (2001 1997 Standards) and there have been no substantiated licensing violations that complaints which affect the health, safety, morals, or welfare of children served by that agency program for the last four years, that program of the child welfare agency is deemed to be in compliance with the program requirements of this Part. The license renewal study need not evaluate program elements for child welfare programs which are fully accredited by the Council on Accreditation of Services for Families and Children. b) The Department shall verify in writing with the Council on Accreditation of Services for Families and Children that the agency's program's accreditation continues to be in good standing and shall conduct annual monitoring visits to verify the continued compliance of the child welfare agency with the requirements of this Part. c) If a licensing complaint is substantiated against an accredited child welfare agency, the Department licensing worker shall notify in writing the Council on Accreditation of Services for Families and Children of the substantiated violations complaint. The child welfare agency shall receive a copy of this notice. d) If a substantiated licensing violation complaint may affect the health, safety, morals, or welfare of the children served by the child welfare program, the agency program shall be removed from "deemed status" and a full license study shall be conducted as part of the license renewal process. e) Nothing in this Section is intended to preclude a complete licensing study of programs operated by the child welfare agency which have not been accredited by the Council on Accreditation of Services for Families and Children.
(Source: Amended at 26 Ill. Reg. 494, effective January 15, 2003) ILLINOIS REGISTER 507
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
Section 401. 155 Removal of Agency from Deemed Status
The following shall occur before the Department is to remove an agency from Deemed Status: a) The Department shall have documentation of one or more substantiated violations that affect the health, safety, morals or welfare of children served by the agency's program. b) After review and confirmation of the substantiated violation by the licensing supervisor and manager, the Central Office of Licensing shall submit a recommendation for removing the agency from deemed status to a 5-member panel comprised of representatives from the Divisions of Quality Assurance, Purchase of Service Monitoring, and Program Operations, and the Offices of Child and Family Policy and Licensing. c) The 5-member panel shall review the recommendation for removing the agency's deemed status. 1) If the panel concurs with the recommendation, the panel shall forward the recommendation to the Director for final approval. 2) If the panel does not concur with the recommendation, the agency will maintain its deemed status. d) The Department shall notify the agency in writing of the Director's decision to remove or maintain the agency in deemed status.
(Source: Added at 26 Ill. Reg. 494, effective January 15, 2003)
ILLINOIS REGISTER 508
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
1) The Heading of the Part: Part 404, Licensing Standards for Child Care Institutions and Maternity Centers
2) Code Citation: 89 III. Adm. Code 404
3) Section Numbers: Proposed Actions
404.2 Amended 404.5 Amended
4) Statutory Authority: Children and Family Services Act [20 ILCS 505/5]; implementing Section 325 ILCS 5/7.16
5) Effective Date of Rule(s): January 15, 2003
6) Does this rulemaking contain an automatic repeal date? No
7) Does this proposed amendment contain incorporations by reference? No
8) A copy of the adopted rule is on file in the agency’s principal office and is available for public inspection.
9) Notice of Proposal Published in Illinois Register: 26 Ill Reg. 11643, 8/02/2002
10) Has JCAR issued a Statement of Objections to this rule? No
11) Difference(s) between proposal and final version: Other than editing and formatting corrections, no differences are present.
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 rule replace an emergency rule currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Rule Amendments: The Department is amending Part 404 as follows:
In Section 404.2, the definition of “Deemed Status” has been added. ILLINOIS REGISTER 509
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
In Section 404.5, establishes the requirements for deemed status that applies to institutions that have been fully accredited by the Council on Accreditation for Children and Family Services and have no substantiated licensing violations in the last four years. Meeting the requirements of deemed status replaces the requirements of a license renewal study. Conditions for removal from deemed status are also established.
16) Information and questions regarding these adopted rules shall be directed to:
Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 E. Monroe, Station #65 Springfield, Illinois 62703-1498 Telephone: (217) 524-1983 TDD: (217) 524-3715 E-Mail: [email protected]
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 510
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER e: REQUIREMENTS FOR LICENSURE
PART 404 LICENSING STANDARDS FOR CHILD CARE INSTITUTIONS AND MATERNITY CENTERS
Section 404.1 Purpose 404.2 Definitions 404.3 Effective Date of Standards (Repealed) 404.4 Application for License 404.5 Application for Renewal of License 404.6 Provisions Pertaining to License 404.7 Provisions Pertaining to Permits 404.8 Incorporation 404.9 Composition and Responsibilities of the Governing Body 404.10 Finances 404.11 The Administrator 404.12 Administrative Coverage 404.13 Child Care Staff 404.14 Support Personnel 404.15 Substitute Child Care Staff 404.16 Volunteers 404.17 Requirements of Professional Staff 404.18 Medical and Health Services 404.19 Social Work Staff 404.20 Teachers 404.21 Recreation Staff 404.22 Staff Training 404.23 Health Requirements for Staff and Volunteers 404.24 Background Checks 404.25 Criteria for the Admission of Children 404.26 Admission Preparation Requirements 404.27 Agreements and Consents Between Responsible Parties 404.28 Child Care Groupings 404.29 Discipline of Children 404.30 Controls 404.31 Clothing ILLINOIS REGISTER 511
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
404.32 Personal Care and Hygiene 404.33 Allowances 404.34 Education 404.35 Work and Training 404.36 Recreation and Leisure Time 404.37 Health and Safety 404.38 Food and Nutrition 404.39 Professional Services 404.40 Visitation 404.41 Community Life 404.42 Religion 404.43 Termination of Residential Care 404.44 Buildings 404.45 Grounds 404.46 Equipment 404.47 Records and Reports 404.48 Records Retention 404.49 Severability of This Part
AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10] and the Children's Product Safety Act [430 ILCS 125].
SOURCE: Adopted and codified at 5 Ill. Reg. 13070, effective November 30, 1981; amended at 7 Ill. Reg. 3424, effective April 4, 1983; amended at 8 Ill. Reg. 22870, effective November 15, 1984; amended at 9 Ill. Reg. 19712, effective December 20, 1985; amended at 11 Ill. Reg. 17504, effective October 15, 1987; amended at 21 Ill. Reg. 4488, effective April 1, 1997; amended at 24 Ill. Reg. 17031, effective November 1, 2000; emergency amendment at 26 Ill. Reg. 6868, effective April 17, 2002, for a maximum of 150 days; emergency expired September 13, 2002; amended at 27 Ill. Reg. 508, effective January 15, 2003.
Section 404.2 Definitions
"Access to children" means an employee's job duties require that the employee be present in a licensed child care facility during the hours that children are present in the facility. In addition, any person who is permitted to be alone outside the visual or auditory supervision of facility staff with children receiving care in a licensed child care facility is subject to the background check requirements of this Part.
"Background check" means: ILLINOIS REGISTER 512
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
• a criminal history check via fingerprints of persons age 18 and over that are submitted to the Illinois State Police and Federal Bureau of Investigation (FBI) for comparison to their criminal history records, as appropriate, or via a LEADS check of persons ages 13 through 17; and
• a check of the Child Abuse and Neglect Tracking System (CANTS) and other state child protection systems, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and
• a check of the Statewide Child Sex Offender Registry.
"Child" means any person under 18 years of age. (Section 2.01 of the Child Care Act of 1969 [225 ILCS 10/2.01])
"Child care institution" means child care facility where more than 7 children are received and maintained for the purpose of providing them with care or training or both. The term "child care institution" includes residential schools, primarily serving ambulatory handicapped children, and those operating a full calendar year, but does not include:
• any State-operated institution for child care established by legislative action;
• any juvenile detention or shelter care home established and operated by any county or child protection district;
• any institution, home, place or facility operating under a license pursuant to the Nursing Home Care Act [210 ILCS 45];
• any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades one through 12, or elementary and high schools, and which operates on a regular academic school year basis; or
• any facility licensed as a "group home" as defined in the Child Care Act of 1969.
(Section 2.06 of the Child Care Act of 1969)
ILLINOIS REGISTER 513
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
"Conditional employee" means an individual (including any substitute or assistant) who has applied for and been conditionally selected to perform child care functions or administrative, professional, or support functions that allow access to children, as defined in this Section, and who has commenced such duties while awaiting the results of the background check required by this Part.
"Deemed status" means the Department has approved an institution or maternity center as in compliance with the requirements of this Part because the institution or maternity center:
• has received full accreditation status from the Council on Accreditation for Children and Family Services (2001 Standards); and
• during the past four years, there have been no substantiated licensing violations that affect the health, safety, morals, or welfare of children served by the accredited institution or maternity center.
"Department" means the Illinois Department of Children and Family Services. (Section 2.02 of the Child Care Act of 1969)
"Employee" means any staff person employed by a child care facility, and includes any substitute or assistant. This definition includes administrative, professional and other support staff who have access to children.
"Initial background check" means the individual has cleared a check of the Child Abuse and Neglect Tracking System and the Statewide Child Sex Offender Registry.
"License" means a document issued by the Department which authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969.
"License applicant, for purposes of background checks, means the operator or persons with direct responsibility for daily operation of the facility to be licensed. (Section 4.4 of the Child Care Act of 1969)
"Licensee" means those individuals, agencies or organizations who hold a license or permit issued by the Department. "Licensing representative" means persons authorized by the Department under the Child Care Act of 1969 to examine facilities for licensure. ILLINOIS REGISTER 514
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
"Maternity center" means a facility in which any person, agency or corporation, other than one licensed as a foster family home or group home under the Child Care Act of 1969, receives, treats or cares for one or more unwed pregnant girls under 18 years of age, except that the term does not include any facility licensed under the Hospital Licensing Act. (Section 2.07 of the Child Care Act of 1969).
"Permit" means a one-time only document issued by the Department for a six- month period to allow the individual(s), agency or organization to become eligible for a license.
"Persons subject to background checks" means:
• the operator(s) of the child care facility; and
• all current and conditional employees of the child care facility; and
• any person who is used to replace or supplement staff; and
• any person who has access to children, as defined in Section 385.20, Definitions, of 89 Ill. Adm. Code 385, Background Checks.
If the child care facility operates in a family home, the license applicant(s) and all members of the household age 13 and over are subject to background checks, as appropriate, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.
"Replacement or supplemental staff" means any paid or unpaid individual who is used to perform essential staff duties as evidenced by being counted in the staff- child ratio or being permitted to be alone with children in a licensed child care facility outside the visual or auditory supervision of facility staff.
(Source: Amended at 27 Ill. Reg. 508, effective January 15, 2003)
Section 404.5 Application for Renewal of License
a) Application 1)a Application forms for license renewal shall be mailed to the institution by the Department six months prior to the expiration date of license. The completed application shall be submitted to the Department three months prior to the expiration date of the license. ILLINOIS REGISTER 515
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
2b) Upon receipt of the application for license renewal, the Department shall conduct a license study in order to determine that the institution continues to meet licensing standards. The licensing study shall be in writing; reviewed and signed by the licensing supervisor and the licensing representative performing the study. 3c) When a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any activity of a continuing nature and the Department fails to render a decision on the application for renewal of the license prior to the expiration date of the license, the existing license shall continue in full force and effect for up to thirty ( 30) days until the final Department decision has been made. The Department may further extend the period in which such decision must be made in individual cases for up to 30 days, if good cause is shown. [205 ILCS 10/5(d)] "Good cause" includes but is not limited to shortages of staff. b) Acceptance of Accreditation as Deemed Status 1) When a child care institution or maternity center is fully accredited by the Council on Accreditation for Children and Family Services, Inc. (Council on Accreditation), 120 Wall Street, 11th Floor, New York NY 10005 (2001 standards) and there have been no substantiated licensing violations that affect the health, safety, morals, or welfare of children served by that facility for the last four years, that child care institution or maternity center is deemed to be in compliance with the program requirements of this Part. 2) The Department shall verify in writing with the Council on Accreditation that the child care institution or maternity center's accreditation continues to be in good standing and shall conduct annual monitoring visits to verify the continued compliance of the facility with the requirements of this Part. 3) If licensing violations are substantiated against an accredited child care institution or maternity center, the Department licensing worker shall notify in writing the Council on Accreditation of the substantiated violations. The facility shall receive a copy of this notice. 4) If a substantiated licensing violation may affect the health, safety, morals, or welfare of the children served by the child care institution or maternity center, the institution or maternity center shall be removed from deemed status and a full license study shall be conducted as part of the license renewal process. c) Renewal Application Under Deemed Status 1) A child care institution or maternity center in deemed status doing business with the Department shall submit to the Department Office of Central Licensing: ILLINOIS REGISTER 516
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
A) Signed and completed renewal application on a form provided by the Department; B) Written description of any change in the institution's corporate exempt status, charitable trust registration, and range of services provided; C) List of current employees, including the name of the Administrator; D) List of current board members, including their names, home phone numbers, and addresses; E) Copy of any Corrective Plan currently placed on the institution; F) Copy of additional information submitted by the institution to the Council on Accreditation including: i) Institution's consumer surveys' results; ii) Information regarding any "hold" on the institution's intake placed by the Council on Accreditation, including: was the hold for any part of the current license sequence; was the institution on hold at the time of renewal; reason for the hold, and duration of the hold status; and iii) Copy of the most recent Annual Maintenance of Accreditation Report the institution filed with the Council on Accreditation; H) Copy of letter the institution has from the Council on Accreditation for Children and Family Services showing that the institution is fully accredited. 2) The Department shall obtain the following information from other sources about the institution in deemed status doing business with the Department: A) Results of the institution's financial audit and any documented financial problems; B) The number of indicated child abuse/neglect investigations and licensing complaint investigations; and C) Council on Accreditation confirmation that the institution is fully accredited and in good standing. 3) Institutions and maternity centers not doing business with the Department shall submit to the Department: A) Signed and completed renewal application on a form provided by the Department; B) Written description of any change (if applicable) in the institution's corporate exempt status, charitable trust status and range of C) List of current employees, including the name of the ILLINOIS REGISTER 517
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTED AMENDMENTS
D) List of current board members, including their names, home phone numbers and addresses; E) Copy of information the institution submitted to the Council on Accreditation regarding results of or information about the institution's consumer surveys; F) Copy of the last Annual Maintenance of Accreditation Report the institution filed with the Council on Accreditation; G) Copy of letter the institution has from the Council on Accreditation showing that the institution is fully accredited; and H) Copy of the institution's most recent audit. 4) The Department shall obtain the following information from other sources about the institution in deemed status that is not doing business with the Department: A) Number of indicated child abuse/neglect investigations and licensing complaint investigations; B) Council on Accreditation confirmation that the institution is fully accredited and in good standing d) Removal of Institution or Maternity Center from Deemed Status The following shall occur before the Department is to remove a child care institution or maternity center from deemed status: 1) The Department shall have documentation of one or more substantiated violations that affect the health, safety, morals or welfare of children served by the institution or maternity center's program. 2) After review and confirmation of the substantiated violation by the licensing supervisor and manager, the Central Office of Licensing shall submit a recommendation for removing the institution from deemed status to a 5-member panel comprised of representatives from the Divisions of Quality Assurance, Purchase of Service Monitoring, and Program Operations, and the Offices of Child and Family Policy and Licensing. 3) The 5-member panel shall review the recommendation for removal from deemed status. A) If the panel concurs with the recommendation, the panel shall forward the recommendation to the Director for final approval. B) If the panel does not concur with the recommendation, the institution or maternity center will maintain deemed status. 4) The Department shall notify the institution or maternity center in writing the Director's decision to remove or maintain the facility in deemed status.
(Source: Amended at 27 Ill. Reg. 508, effective January 15, 2003)
ILLINOIS REGISTER 518
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
1) The heading of the Part: Boiler and Pressure Vessel Safety
2) Code Citation: 41 Ill. Adm.Code 120
3) Section Numbers: Adopted Action:
120.11 Amendment
4) Statutory Authority: Section 2 and 2.1 of the Boiler and Pressure Vessel Safety Act [430 ILCS 75/2 and 2.1].
5) Effective Date of Amendments: January 1, 2003
6) Does this rulmaking contain an automatic repeal date? No.
7) Does this amendment contain incorporations by reference? No.
8) Date filed in the Agency’s principal office: December 30, 2002.
9) Notice of Proposal published in the Illinois Register? 41 Ill. Adm. Code 120, 26 Ill. Reg. 10165, July 12, 2002.
10) Has JCAR issued a statement of Objection to these rules? No.
11) Differences between proposal and final version? None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes
13) Will this Admend replace an Emergency Amendment currently in effect: No
14) Are there any other amendments pending on this Part? No
15) Summary and purpose of Amendment: Standards have been updated to conform to nationally recognized standards.
16) Information and questions regarding this adopted amendment shall be directed to:
Mr. David Douin, Superintendent of Boiler Safety. Office of the State Fire Marshal 1035 Stevenson Dr. ILLINOIS REGISTER 519
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
Springfield, Ill. 62703-4259
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 520
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
TITLE 41: FIRE PROTECTION CHAPTER I: STATE FIRE MARSHAL
PART 120 BOILER AND PRESSURE VESSEL SAFETY
SUBPART A: DEFINITIONS AND ADMINISTRATION
Section 120.4 Foreward (Repealed) 120.7 Kindly Observe the Following Briefs and Avoid Unnecessary Inconvenience (Repealed) 120.10 Definitions 120.11 Incorporation of National Standards 120.15 Fees 120.20 Administration 120.30 Inspectors, Examinations, Certificate of Competency and Commission 120.41 Special Inspector Trainee (Repealed)
SUBPART B: CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND USE
Section 120.100 New Installations of Boilers, Miniature Boilers, Heating Boilers and Hot Water Supply Boilers 120.105 Boiler Exemptions 120.200 New Installations of Pressure Vessels 120.205 Pressure Vessel Exemptions 120.300 Existing Installations of Power Boilers 120.400 Existing Installations of Miniature Boilers (Repealed) 120.500 Operation of Boilers and Pressure Vessels 120.600 Existing Installation of Pressure Vessels 120.700 General Requirements for all Boilers and Pressure Vessels (Repealed) 120.800 Nuclear Power Plant Components (Repealed) 120.900 Flame Safeguard Requirements and Incorporated Standards (Repealed)
SUBPART C: REPAIR AND ALTERATION
Section 120.1000 Repairs and Alterations to Boilers and Pressure Vessels by Welding 120.1010 Authorization to Repair Boilers and Pressure Vessels ILLINOIS REGISTER 521
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
120.1020 Issuance and Renewal of the Certificate 120.1030 Changes to Certificates of Authorization 120.1040 Quality Control Requirements 120.1041 Repair and Alteration Requirements
SUBPART D: STATE SPECIALS
Section 120.1100 Procedure for the Issuance of a State Special Permit
SUBPART E: REPAIR OF SAFETY AND SAFETY RELIEF VALVES
Section 120.1200 Authorization for Repair of Safety & Safety Relief Valves 120.1210 Authorization to Repair ASME and National Board Stamped Safety and Safety Relief Valves 120.1220 Issuance and Renewal of the Certificate 120.1240 Changes to Certificates of Authorization 120.1250 Repairs to Safety and Safety Relief Valves 120.1260 Quality Control System 120.1270 Nameplates 120.1275 Field Repair 120.1280 Performance Testing of Repaired Valves 120.1285 Training of Valve Repair Personnel 120.1290 ASME "V", "UV" or National Board "VR" Certificate Holders
SUBPART F: OWNER-USER QUALITY CONTROL REQUIREMENTS
Section 120.1300 Introduction 120.1301 Authority and Responsibility 120.1305 Organization 120.1310 Inservice Inspection Program 120.1320 Drawings, Design Calculations, and Specification Control 120.1325 Material Control 120.1330 Examination and Inspection Program 120.1335 Correction of Nonconformities 120.1340 Welding 120.1345 Nondestructive Examination 120.1350 Calibration of Measurement and Test Equipment 120.1355 Records ILLINOIS REGISTER 522
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
120.1360 Inspectors
APPENDIX A Operational and Maintenance Log EXHIBIT A Hot Water Heating Boilers EXHIBIT B Steam Heating Boilers APPENDIX B Record of Welded Repair (Repealed)
AUTHORITY: Implementing the Boiler and Pressure Vessel Safety Act [430 ILCS 75] and authorized by Sections 2 and 2.1 of the Boiler and Pressure Vessel Safety Act [430 ILCS 75/2 and 2.1].
SOURCE: Boiler and Pressure Vessel Safety Act Rules and Regulations adopted at 4 Ill. Reg. 7, p. 126, effective January 31, 1980; codified at 5 Ill. Reg. 10677; amended at 7 Ill. Reg. 6925, effective July 1, 1983; amended at 10 Ill. Reg. 9510, effective July 1, 1985; amended at 11 Ill. Reg. 16587, effective January 1, 1988; amended at 16 Ill. Reg. 6808, effective July 1, 1992; amended at 17 Ill. Reg. 14917, effective September 1, 1993; amended at 19 Ill. Reg. 11904, effective August 15, 1995; amended at 20 Ill. Reg. 9540, effective July 3, 1996; amended at 21 Ill. Reg. 997, effective January 1, 1997; amended at 23 Ill. Reg. 162, effective January 1, 1999; amended at 24 Ill. Reg. 18555, effective December 7, 2000; amended at 25 Ill. Reg. 11914, effective January 1, 2002; amended at 27 Ill. Reg. 518, effective January 01, 2003.
SUBPART A: DEFINITIONS AND ADMINISTRATION
Section 120.11 Incorporation of National Standards
Where standards are incorporated by reference in this Part, the incorporated material does not include any later editions or amendments. a) The Board hereby adopts the following nationally recognized standards and addenda:
ASME CSD-1a-1998 Controls and Safety Devices for Automatically Fired Boilers NFPA 8501-97 Single Burner Boilers – Furnaces NFPA 8502-99 Multiple Burner Boilers – Furnaces NFPA 8503-97 Pulverized Fuel Systems ASME Boiler and Pressure Vessel Code (20011998) with 20021999 addenda Section I Power Boilers Section II Material Specifications – Part A – Ferrous ILLINOIS REGISTER 523
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
Section II Material Specifications – Part B – Nonferrous Section II Material Specifications – Part C – Welding Rods Electrodes and Fillers Metals Section II Material Specifications – Part D – Properties Section IV Heating Boilers Section V Nondestructive Examination Section VI Recommended Rules for Care and Operation of Heating Boilers Section VII Recommended Rules for Care of Power Boilers Section VIII Pressure Vessels – Division 1 Including Appendix M Section VIII Pressure Vessels – Division 2 – Alternative Rules Section VIII Pressure Vessels – Division 3 – Alternative Rules for High Pressure Vessels Section IX Welding and Brazing Qualifications Section X Fiberglass – Reinforced Plastic Pressure Vessels National Board of Boiler & Pressure Vessel Inspectors Inspection Code (20011998) with 20021999 addenda National Board Rules and Recommendations for the Design and Construction of Boiler Blowoff Systems (1991) American Petroleum Institute API-510, Eighth Edition, First Supplement, "API Recommended Practice for Inspection, Repair, and Rating of Pressure Vessels in Petroleum Refining Service"
API – American Petroleum Institute 1220 L Street, Northwest Washington, D.C. 2005 www.api.org ASME – American Society of Mechanical Engineers United Engineering Center 345 East 47th Street New York, New York 10017 www.asme.org ILLINOIS REGISTER 524
STATE FIRE MARSHAL
NOTICE OF ADOPTED AMENDMENTS
NB – National Board of Boiler & Pressure Vessel Inspectors 1055 Crupper Avenue Columbus, Ohio 43229 www.nationalboard.org NFPA – National Fire Protection Association 1 Batterymarch Park Quincy, Massachusetts 02269-9101 www.nfpa.org
(Source: Amended at 27 Ill. Reg. 518, effective January 01, 2003) ILLINOIS REGISTER 525
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Wildlife Conservation Measures and Practices
2) Code Citation: 17 Ill. Adm. Code 635
3) Section Numbers: Adopted Action: 635.10 New Section 635.20 New Section 635.30 New Section 635.40 New Section 635.50 New Section
4) Statutory Authority: Implementing and authorized by Sections 1.10, 2.2, 2.3, 3.23, 3.25, 3.27, 3.34 and 3.36 of the Wildlife Code [520 ILCS 5/1.10, 2.2, 2.3, 3.23, 3.25, 3.27, 3.34 and 3.36].
5) Effective Date of Rules: December 27, 2002
6) Does this rulemaking contain an automatic repeal date? No
7) Do these rules contain incorporations by reference? No
8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resource’s principal office and is available for public inspection.
9) Notice of Proposal Published in Illinois Register: September 27, 2002, 26 Ill. Reg. 13913
10) Has JCAR issued a Statement of Objections to these rules? No
11) Differences between proposal and final version:
The following language was removed from Section 635.20(a)(4)(C): , and includes the following statement: "All cervidae on this certificate originate from a CWD monitored or certified herd that has achieved a CWD disease-free status of at least five years and in which these animals have been kept for at least two years or were natural additions"
The following language was added to Section 635.20(a)(4)
E) shows that the animals originate from a herd that has been monitored for at least 5 years under a state-approved CWD certification program and was CWD-free for that period or originate from a herd that meets the following criteria: ILLINOIS REGISTER 526
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) the herd has been monitored under a state-approved CWD herd certification program for at least 5 years and was CWD-free for that period. This requirement will change to 3 years on June 1, 2003, 4 years on January 1, 2004 and 5 years on January 1, 2005;
2) any additions to the herd are natural additions or have been in the herd for at least one year;
3) complete herd records, including records of purchases, deaths and causes of deaths are maintained for at least 5 years;
4) the herd has been under veterinary supervision for a minimum of 5 years;
5) the animals have not been exposed to any animal from a herd diagnosed with CWD in the past 5 years;
6) the permit contains a statement by the veterinarian for the herd of origin certifying that the herd has been under veterinary supervision for a minimum of 5 years and has had no exposure to any cervid from a CWD trace-back or trace-forward herd; and
7) the permit contains a statement signed by the owner certifying that all statements on the certificate of veterinary inspection are correct.
Language in Section 635.30 was replaced with the following:
Importation of hunter-harvested deer and elk carcasses into Illinois is prohibited except for:
a) deboned meat, antlers, antlers attached to skull caps, hides, upper canine teeth (also known as “buglers”, “whistlers”, or “ivories”). Skull caps shall be cleaned of all brain and muscle tissue;
b) finished taxidermist mounts;
c) carcasses or parts of carcasses with the spinal column or head attached may be transported into the State only if they are submitted to a licensed meat processor for processing within 72 hours of entry; licensed meat processors shall dispose of the discarded tissue in a landfill or with a renderer; d) heads for taxidermy may be transported into the State only if they ILLINOIS REGISTER 527
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
are submitted to a licensed taxidermist within 72 hours of entry; licensed taxidermists shall dispose of the discarded tissue in a permitted landfill or with a renderer; and
e) tissues can be imported into the State for use by a diagnostic or research laboratory.
AGENCY NOTE: Nothing in this Part shall prevent renderers regulated under the Illinois Dead Animal Disposal Act [225 ILCS 610] with Class A or B licenses from transporting cervid carcasses or parts into the State for the purpose of rendering.
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 an emergency rule currently in effect? Yes Section Numbers Emergency Action Illinois Register Citation 635.10 New Section 26 Ill. Reg. 12650, 8/16/02 635.20 New Section 26 Ill. Reg. 12650, 8/16/02 635.30 New Section 26 Ill. Reg. 12650, 8/16/02 635.40 New Section 26 Ill. Reg. 12650, 8/16/02 635.50 New Section 26 Ill. Reg. 12650, 8/16/02 636.30 New Section 26 Ill. Reg. 18048, 12/20/02
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Rulemaking: The reason for promulgation of this rule stems from the recent spread of Chronic Wasting Disease (CWD) and its discovery less than 40 miles from the Illinois border in southern Wisconsin. More recently, a wild deer tested positive for CWD on the Winnebago-Boone County border in Illinois. Chronic wasting disease is a fatal neurological disease found in cervids (deer and elk). It belongs to the family of diseases known as transmissible spongiform encephalopathies (TSEs) or prion diseases, which include scrapie in sheep and bovine spongiform encephalopathy ("mad cow disease") in cattle. For many years CWD was known to occur only in a small area of northern Colorado and southern Wyoming. However, in the past few years the distribution of the disease has expanded into a number of other states and two Canadian provinces. There is no vaccine to prevent this disease, and it is incurable once contracted by an animal (i.e., always fatal). Because of this, regulations to reduce the potential for the spread of CWD (and other diseases) in Illinois are necessary immediately.
16) Information and questions regarding these adopted rules shall be directed to: ILLINOIS REGISTER 528
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Cindy Bushur-Hallam Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271 217/782-1809
The full text of the Adopted Amendments begins on the next page: ILLINOIS REGISTER 529
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 635 WILDLIFE CONSERVATION MEASURES AND PRACTICES
Section: 635.10 Definitions 635.20 Importation of Live Animals 635.30 Importation of Animal Carcasses and Parts 635.40 Feeding or Baiting of Wildlife 635.50 Penalties
AUTHORITY: Implementing and authorized by Sections 1.10, 2.2, 2.3, 3.23, 3.25, 3.27, 3.34 and 3.36 of the Wildlife Code [520 ILCS 5/1.10, 2.2, 2.3, 3.23, 3.25, 3.27, 3.34 and 3.36].
SOURCE: Adopted by emergency rulemaking at 26 Ill. Reg. 12650, effective August 1, 2002, for a maximum of 150 days; adopted at 27 Ill. Reg. 525, effective December 27, 2002.
Section 635.10 Definitions
Accredited Veterinarian – A veterinarian who is licensed by the state in which he practices, is approved by the animal health authority of that state, and is accredited by the United States Department of Agriculture.
Cervids – All members of the family Cervidae, which includes deer, moose, elk and caribou.
Section 635.20 Importation of Live Animals
a) Mammalia: Cervidae 1) Elk entering Illinois shall originate from a certified brucellosis-free herd or be negative to a brucellosis card test or PCFIA test conducted within 60 days on all animals 6 months of age and over. 2) Certified brucellosis-free cervid herds shall be established and maintained in accordance with the Brucellosis Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228; September 30, 1998, as amended May 14, 1999, and not including any later amendments or editions beyond the date specified) and the United ILLINOIS REGISTER 530
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
States Department of Agriculture. 3) All cervids entering Illinois must also be in compliance with the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85 and the Illinois Bovidae and Cervidae Tuberculosis Eradication Act [510 ILCS 35] and 8 Ill. Adm. Code 80. 4) All cervids entering Illinois must be accompanied by a permit from the Illinois Department of Agriculture and a Certificate of Veterinary Inspection that: A) has been issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture; B) is approved by the Animal Health Official of the state of origin; C) shows that the cervids are free from visible evidence of any contagious, infectious or communicable disease or exposure thereto, do not originate from a Chronic Wasting Disease (CWD) endemic area (any county and surrounding counties where CWD has been diagnosed in the past five years); D) shows the cervids are not originating from a herd under quarantine for any contagious, infectious or communicable disease; E) shows that the animals originate from a herd that has been monitored for at least 5 years under a state-approved CWD certification program and was CWD-free for that period or originate from a herd that meets the following criteria: 1) the herd has been monitored under a state-approved CWD herd certification program for at least 5 years and was CWD-free for that period. This requirement will change to 3 years on June 1, 2003, 4 years on January 1, 2004 and 5 years on January 1, 2005; 2) any additions to the herd are natural additions or have been in the herd for at least one year; 3) complete herd records, including records of purchases, deaths and causes of deaths are maintained for at least 5 years; 4) the herd has been under veterinary supervision for a minimum of 5 years; 5) the animals have not been exposed to any animal from a herd diagnosed with CWD in the past 5 years; 6) the permit contains a statement by the veterinarian for the herd of origin certifying that the herd has been under veterinary supervision for a minimum of 5 years and has had no exposure to any cervid from a CWD trace-back or ILLINOIS REGISTER 531
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
trace-forward herd; and 7) the permit contains a statement signed by the owner certifying that all statements on the certificate of veterinary inspection are correct. F) lists each cervid’s unique individual identification (approved ear tag, tattoo or microchip). 5) No cervid may enter Illinois for immediate slaughter without obtaining the appropriate permit from the Illinois Department of Agriculture as specified in 8 Ill. Adm. Code 85. b) Other Animals All other animals are exempted from this Section.
Section 635.30 Importation of Animal Carcasses and Parts
Importation of hunter-harvested deer and elk carcasses into Illinois is prohibited except for: a) deboned meat, antlers, antlers attached to skull caps, hides, upper canine teeth (also known as "buglers", "whistlers", or "ivories"). Skull caps shall be cleaned of all brain and muscle tissue; b) finished taxidermist mounts; c) carcasses or parts of carcasses with the spinal column or head attached may be transported into the State only if they are submitted to a licensed meat processor for processing within 72 hours after entry; licensed meat processors shall dispose of the discarded tissue in a properly permitted landfill or with a renderer; d) heads for taxidermy may be transported into the State only if they are submitted to a licensed taxidermist within 72 hours after entry; licensed taxidermists shall dispose of the discarded tissue in a properly permitted landfill or with a renderer; and e) tissues can be imported into the State for use by a diagnostic or research laboratory. AGENCY NOTE: Nothing in this Part shall prevent renderers regulated under the Illinois Dead Animal Disposal Act [225 ILCS 610] with Class A or B licenses for transporting cervid carcasses or parts into the State for the purpose of rendering.
Section 635.40 Feeding or Baiting of Wildlife
It shall be illegal to make available food, salt, mineral blocks or other products for ingestion by wild deer or other wildlife in areas where wild deer are present. Exempted from this Section are the following: a) elevated bird/squirrel feeders providing seed, grain, fruit, worms, or suet for birds or squirrels located within 100 feet of a dwelling devoted to human occupancy; b) incidental feeding of wildlife within active livestock operations; ILLINOIS REGISTER 532
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
c) feeding of wild animals, other than wild deer, by hand as long as a reasonable attempt is made to clean up unconsumed food; d) feeders for wildlife other than deer so long as deer are excluded from the feed in and around the feeder by fencing or other barriers; e) standing crops planted and left standing as food plots for wildlife; f) grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization practices; g) standing, flooded, or manipulated natural vegetation or food/seed deposited by natural vegetation; h) grain or other feed distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, for purposes of dove hunting; i) food material placed for capturing or killing wildlife pursuant to 520 ILCS 5/2.37, 2.30 and 1.3; j) scientific permits issued pursuant to 17 Ill. Adm. Code 520 that allow food to attract wildlife; k) any other permits issued by the Department of Natural Resources that require the attraction of wildlife for purposes of management, research or control.
Section 635.50 Penalties
Violation of the provisions of this Part is a Petty Offense with a maximum fine of $1,000.
ILLINOIS REGISTER 533
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Claiming Races
2) Code Citation: 11 Ill. Adm. Code 510
3) Section Numbers: Adopted Action: 510.30 Amend 510.40 Amend
4) Statutory Authority: 230 ILCS 5/9(b)
5) Effective Date of Amendments: January 1, 2003
6) Does this rulemaking contain an automatic repeal date? No
7) Do these amendments contain incorporations by reference? No
8) A copy of these adopted amendments, including any material incorporated, is on file and available for public inspection at the IRB Central Office, 100 W. Randolph St., Suite 11- 100, Chicago, Illinois during the hours of 8:30 a.m and 4:30: p.m.
9) Notice of Proposal Published in Illinois Register: 26 Ill. Reg. 12574, 8/16/02
10) Has JCAR issued a Statement of Objections to these amendments? 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? Yes
13) Will these amendments replace emergency amendments currently in effect? No
14) Are there any amendments pending in this Part? No
15) Summary and Purpose of Amendments: To permit the public announcement of claims prior to the running of a standardbred race.
16) Information and questions regarding these adopted amendments shall be directed to:
Name: Mickey Ezzo Address: IRB, 100 W. Randolph St., Suite 11-100, Chicago, IL 60601 ILLINOIS REGISTER 534
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
Telephone: 312-814-5017
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 535
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER c: RULES APPLICABLE TO OCCUPATION LICENSEES
PART 510 CLAIMING RACES
Section 510.10 Definition 510.20 Claiming Eligibility 510.30 Form and Deposit of Claim 510.40 Errors which Invalidate Claim 510.50 Refund of Voided Claim 510.60 Prohibited Action with Respect to Claim 510.70 Horses under Lien 510.80 Affidavit May be Required 510.90 Claimant's Responsibility 510.100 Claimed Horse's Certificate 510.110 Engagements of a Claimed Horse 510.120 Protests of a Claim 510.130 Title to a Claimed Horse 510.140 Distribution of the Purse 510.150 Delivery of a Claimed Horse 510.160 Trainer Responsibility for Post-Race Tests 510.170 Excusing Claimed Horse 510.180 Stable Eliminated by Fire or Other Hazard 510.190 Entering Claimed Horse (Repealed) 510.195 Determining Eligibility Dates 510.200 Claimed Horse Racing Elsewhere 510.210 Sale of a Claimed Horse 510.220 Illinois Rules Govern Claimed Horse 510.230 Extension of Regular Meeting (Repealed) 510.240 Claiming Authorization 510.250 Claiming Price
AUTHORITY: Authorized by Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)]. SOURCE: Adopted at 5 Ill. Reg. 1686, effective February 16, 1981; amended at 5 Ill. Reg. 8300, effective August 5, 1981; codified at 5 Ill. Reg. 10911; amended at 7 Ill. Reg. 2167, ILLINOIS REGISTER 536
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
effective February 4, 1983; amended at 7 Ill. Reg. 3197, effective March 14, 1983; amended at 8 Ill. Reg. 14992, effective August 6, 1984; amended at 14 Ill. Reg. 17636, effective October 16, 1990; amended at 17 Ill. Reg. 12423, effective July 15, 1993; amended at 17 Ill. Reg. 13612, effective July 30, 1993; amended at 18 Ill
Reg. 2064, effective January 21, 1994; amended at 18 Ill. Reg. 11607, effective July 7, 1994; amended at 19 Ill. Reg. 13887, effective October 1, 1995; amended at 20 Ill. Reg. 12473, effective September 1, 1996; amended at 21 Ill. Reg. 951, effective January 7, 1997; amended at 24 Ill. Reg. 7386, effective May 1, 2000; amended at 24 Ill. Reg. 12722, effective August 1, 2000; amended at 24 Ill. Reg. 17480, effective November 8, 2000; amended at 25 Ill. Reg. 6393, effective May 1, 2001; amended at 25 Ill. Reg. 8814 effective July 1, 2001; amended at 26 Ill. Reg. 533, effective January 01, 2003.
Section 510.30 Form and Deposit of Claim
a) All claims shall be made in writing on a form provided by the Board. Claims shall be signed and sealed in an envelope having no identification mark except:
1) the name of the track;
2) the number of the race from which the claim is being made;
3) the stamp of a timing device provided by the track for that purpose no later than 10 minutes prior to the thoroughbred post time and 30 minutes prior to the standardbred post time, of the race in which the horse to be claimed is entered.
b) The stewards or their designated representative shall open the claim box no sooner than 10 minutes prior to the thoroughbred post time for each race and 30 minutes prior to the standardbred post time for each race. In thoroughbred racing, no No information concerning the such claims shall be divulged to anyone other than the racing secretary's staff and the horsemen's bookkeeper until the race has been run. In standardbred racing, the public announcement of claims filed prior to the race shall be permitted. If more than one claim is filed for the same horse, the successful claimant shall be determined by lot by the stewards or their designated representatives. c) Once a claim is deposited in the claim box, the claimant cannot withdraw or revoke the claim.
ILLINOIS REGISTER 537
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
(Source: Amended at 26 Ill. Reg. 533, effective January 01, 2003)
Section 510.40 Errors which Invalidate Claim
a) A claim is invalid if:
1) the claimant named on the claim form does not meet one of the three criteria for eligibility specified in Section 510.20; or
2) the claim form is not deposited 10 minutes or more before the thoroughbred post time and 30 minutes or more before the standardbred post time, pursuant to Section 510.30(a); or
3) the claimant does not have at least the amount of the claim on deposit or credited with the horsemen's bookkeeper; or
4) the name of the horse to be claimed is erroneously spelled or is not specified in the space provided on the claim form; or
5) the claim form:
A) does not specify the designated claiming price as printed in the program;
B) is not signed;
C) does not fully indicate the name of the party making the claim; or
D) is otherwise incorrectly completed; or
6) the claim envelope does not meet the specifications of Section 510.30(a).
b) In determining amounts on deposit, consideration considerations shall be given only to amounts on deposit in the sole name of the claimant. Amounts on deposit in accounts owned jointly or in the names of others shall not be considered in determining the adequacy of the claimant's deposit.
(Source: Amended at 26 Ill. Reg. 533, effective January 01, 2003) ILLINOIS REGISTER 538
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Starting
2) Code Citation: 11 Ill. Adm. Code 1415
3) Section Numbers: Adopted Action: 1415.260 Amend
4) Statutory Authority: 230 ILCS 5/9(b)
5) Effective Date of Amendments: January 1, 2003
6) Does this rulemaking contain an automatic repeal date? No
7) Do these amendments contain incorporations by reference? No
8) A copy of these adopted amendments, including any material incorporated, is on file and available for public inspection at the IRB Central Office, 100 W. Randolph St., Suite 11- 100, Chicago, Illinois during the hours of 8:30 a.m and 4:30: p.m.
9) Notice of Proposal Published in Illinois Register: 26 Ill. Reg. 12587, 8/16/02
10) Has JCAR issued a Statement of Objections to these amendments? 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? Yes
13) Will these amendments replace emergency amendments currently in effect? No
14) Are there any amendments pending in this Part? No
15) Summary and Purpose of Amendments: This rulemaking replaces language which was repealed in Section 1415.250.
16) Information and questions regarding these adopted amendments shall be directed to:
Name: Mickey Ezzo Address: IRB, 100 W. Randolph St., Suite 11-100, Chicago, IL 60601 Telephone: 312-814-5017 ILLINOIS REGISTER 539
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 540
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER g: RULES AND REGULATIONS OF HORSE RACING
PART 1415 STARTING
Section 1415.10 Identification of Horses 1415.15 Lip Tattoo 1415.20 Authority of Starter 1415.30 Jockeys to Dismount 1415.40 All Horses Parade 1415.50 Horses Led to Post 1415.60 Starter's Orders 1415.70 Starter's Assistants 1415.80 Causes of Delay 1415.90 Report Presence on Grounds 1415.100 Jockey Fees Paid 1415.110 Licensed Trainer 1415.120 Veterinarians' List 1415.130 Scratches and Refunds 1415.140 Number of Starters 1415.150 Horse Must Run the Course 1415.160 Starting Gate 1415.170 Post Positions 1415.180 Horse, When a Starter 1415.190 Failure of Starting Gate 1415.200 Start Without Gate 1415.210 Horse, When a Starter Without a Gate 1415.220 Schooling 1415.230 Twitches and War Bridles (Repealed) 1415.240 Starter (Repealed) 1415.250 Starter Reports Fines (Repealed) 1415.260 Inspection of Plating 1415.270 Change in Course 1415.280 Equipment Changes
ILLINOIS REGISTER 541
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENT
AUTHORITY: Authorized by Section 9 (b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)].
SOURCE: Published in Rules and Regulations of Horse Racing, (original date not cited in publication); amended at 5 Ill. Reg. 8911, effective August 25, 1981; codified at 5 Ill. Reg. 10985; amended at 6 Ill. Reg. 10013, effective August 3, 1982; amended at 7 Ill. Reg. 2170, effective February 4, 1983; amended at 14 Ill. Reg. 20056, effective December 4, 1990; amended at 18 Ill. Reg. 11620, effective July 7, 1994; amended at 26 Ill. Reg. 538, effective January 01, 2003.
Section 1415.260 Inspection of Plating
A representative of the operator shall inspect the plating of each horse as it enters the paddock before the race, record the type of shoes worn on a board provided for that purpose in the paddock and keep a written record for the stewards. Any deficiency in shoeing shall be reported immediately by the said inspector to the paddock steward. A trainer or owner shall not enter or start, or cause to be entered or started, a horse that, if plated, is not plated properly, as determined by the paddock blacksmith. If a horse is intended to start without shoes, it must be declared at time of entry.
(Source: Amended at 26 Ill. Reg. Reg. 538, effective January 01, 2003) ILLINOIS REGISTER 542
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Coin-Operated Amusement Device Tax
2) Code Citation: 86 Ill. Adm. Code 460
3) Section Numbers: Adopted Action: 460.101 Amendment 460.105 Amendment 460.110 Amendment
4) Statutory Authority: 35 ILCS 510/1; 20 ILCS 2505/2505-105
5) Effective Date of Amendment(s): December 27, 2002
6) Does this rulemaking contain an automatic repeal date? No
7) Does this amendment 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:
June 21, 2002, 26 Ill. Reg. 8764
10) Has JCAR issued a Statement of Objections to these Amendments?
11) Differences between proposal and final version: The only changes made were the ones agreed upon with JCAR. The changes made were grammar and punctuation or technical. No substantive changes were made.
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 amendment replace an emergency amendment currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Amendment(s): Regulations in this Part are being amended to reflect the inclusion of redemption machines in the Coin-Operated Amusement Device Tax Act ("Act"). The title of this Part is being amended to reflect the new title of the Act ILLINOIS REGISTER 543
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
("the Coin-Operated Amusement Device and Redemption Machine Tax Act"), and Section 460.105 is amended to include the definition of the term, "redemption machine." These changes are required by the terms of PA 87-855. Section 460.105 is also amended to specify that a crane game is not subject to the tax. Various statutory cites throughout the regulations have been updated.
16) Information and questions regarding this adopted amendment shall be directed to:
Jerilynn T. Gorden Senior Counsel, Sales & Excise Tax Illinois Department of Revenue Legal Services Office 101 West Jefferson Springfield, Illinois 62794 Phone: (217) 782-2844
16) The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 544
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE
PART 460 COIN-OPERATED AMUSEMENT DEVICE AND REDEMPTION MACHINE TAX
Section 460.101 Nature and Scope of the Tax 460.105 Illustrations of Taxable and Nontaxable Coin-Operated Amusement Devices and Redemption Machines 460.110 Licenses
AUTHORITY: Implementing the Coin-Operated Amusement Device and Redemption Machine Tax Act [35 ILCS 510] and authorized by Section 2505-105 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505-105].
SOURCE: Coin-Operated Amusement Device Tax Act Regulations, adopted July 30, 1953; codified at 8 Ill. Reg. 8607; amended at 16 Ill. Reg. 4876, effective March 12, 1992; amended at 26 Ill. Reg. 542, effective December 27, 2002.
Section 460.101 Nature and Scope of the Tax
a) The Coin-Operated Amusement Device and Redemption Machine Tax Act (the Act) imposes an annual privilege tax on the privilege of operating, in this State:, every coin-in-the-slot-operated amusement device, which returns to the player thereof no money or property or right to receive money or property. The amount of the tax is $15 for each device for which a license was issued for a period beginning on or after August 1 of any year and prior to February 1 of the succeeding year. A privilege tax of $8 is imposed on the privilege of operating such a device for which a license was issued for a period beginning on or after February 1 of any year and ending July 31 of that year.
1) every coin-in-the-slot-operated amusement device that returns to the player no money or property or right to receive money or property; and
2) every redemption machine, as defined in Section 460.105 of this Part.
b) The amount of the tax is $15 for each device or machine for which a license was issued for a period beginning on or after August 1 of any year and prior to ILLINOIS REGISTER 545
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
February 1 of the succeeding year. A privilege tax of $8 is imposed on the privilege of operating a device or machine for which a license was issued for a period beginning on or after February 1 of any year and ending July 31 of that year.
bc) The license tax payable with respect to any amusement device or redemption machine must be remitted to the Department of Revenue with the application for license for such device or machine. The remittance should be made payable to the Department of Revenue.
(Source: Amended at 26 Ill. Reg. 542, effective December 27, 2002)
Section 460.105 Illustrations of Taxable and Nontaxable Coin-Operated Amusement Devices and Redemption Machines
a) Coin-operated Amusement Devices - Taxable Devices
1) To be taxable, the device must be coin-operated, and it must be an amusement device. However, if an otherwise taxable amusement device is equipped to be operated by means of the insertion of coins, it is the Department's position that such device does not cease to be a taxable device because of the fact that the operator thereof has his customers pay for the use of such device at the bar or in some other way which avoids the use of the coin receptacle.
2) Also, to be taxable, the The device cannot be a gambling device and so cannot return, to the player, money or property or the right to receive money or property to the player. For example, a crane game that offers players the right to receive merchandise contained in the machine is not subject to the tax.
3) An amusement device is a device which is played primarily for amusement or entertainment rather than for the purchase of some specific commodity or service. Every kind of coin-operated amusement device, which does not return money or property or the right to receive money or property to the player, is subject to the tax. Therefore, the tax applies not only to coin-operated pinball machines, gun-ray devices and shuffleboards (as it did prior to August 1, 1963), but also (commencing August 1, 1963) to coin-operated hockey games, baseball games, horse racing games, gun ILLINOIS REGISTER 546
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
games of all kinds, pool games, mechanical pony rides and other similar devices, juke boxes, fortune-telling machines and anything else which comes within the foregoing definition of a coin-operated amusement device.
b) Redemption Machines
1) Tax shall be imposed as required in Section 460.101 of this Part on the privilege of operating a redemption machine. For purposes of this Part, a redemption machine is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object into, upon, or against a hole or other target, provided that all the following conditions are met:
A) The outcome of the game is predominantly determined by the skill of the player;
B) The award of the prize is based solely upon the player's achieving the object of the game or otherwise upon the player's score;
C) Only merchandise prizes are awarded;
D) The average wholesale value of prizes awarded in lieu of tickets or tokens for single play of the device does not exceed the lesser of $5 or 7 times the cost charged for a single play of the device; and
E) The redemption value of tickets, tokens, and other representations of value, which may be accumulated by players to redeem prizes of greater value, does not exceed the amount charged for a single play of the device [720 ILCS 5/28-2 (a)(4)].
cb) Nontaxable Devices and Redemption Machines
1) The tax does not apply to a coin-operated device maintained by a public utility for furnishing public utility service (such as telephone service). The tax does not apply to any coin-operated device which is designed and used strictly as a means of vending merchandise or service. For example, this tax does not apply (among other things) to cigarette, soft drink and other merchandise vending machines, nor to coin-operated scales which merely provide information concerning a person's weight, nor to coin-operated ILLINOIS REGISTER 547
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
machines which merely provide the customer with a photographing service, nor to coin-operated machines which merely provide a laundry or dry cleaning service.
2) The tax does not apply to gambling devices, as defined in Section 28-2 of the Criminal Code [720 ILCS 5/28-2].
3) The tax does not apply to a coin-operated amusement device or redemption machine that which would otherwise be taxable where the person operating such device or machine is a private club or organization, and where such club or organization restricts the displaying of the amusement device or machine to its membership and such device or machine is not displayed in such a manner as to be accessible to the public. The exemption described in the preceding sentence arises from the fact that the Act is worded so that it applies only to the displaying of coin- operated amusement devices or redemption machines where such devices or machines are "to be played or operated by the public". However, a private club or organization cannot be established for the purpose of displaying such amusement devices or redemption machines and thus evade the licensing requirements of the Act.
(Source: Amended at 26 Ill. Reg. 542, effective December 27, 2002)
Section 460.110 Licenses
a) Applications for Licenses
1) Every person, firm or corporation displaying any taxable amusement device or redemption machine to be played or operated by the public at any place owned or leased by such person, firm or corporation shall, before displaying the such device or machine, file with the Department of Revenue an application for license for such device or machine. The application must be signed by the taxpayer and sworn to. The applicant should answer all questions and give all the information required on the application form. The application must be made on a form prescribed by the Department.
2) The application must be accompanied by the license tax. A separate application must be filed and a separate license obtained for each taxable unit. ILLINOIS REGISTER 548
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
b) Who May Be Licensed
The person who is required to apply for the license is the person who displays the taxable device or machine to be played or operated by the public at a place owned or leased by that such person, regardless of whether that such person is the owner of the such machine or device or not. There is no exemption from the taxing and licensing requirements of the Act because of the fact that the operator of the coin- operated amusement device or redemption machine is a not-for-profit organization. c) Issuance of Licenses--Transferability
1) Upon receipt of an application for license in proper form, together with the applicable license tax, the Department will issue the proper license tag to the applicant. The license must be securely affixed to the device or machine for which it is issued and must be conspicuously displayed. A license is transferable from one amusement device or redemption machine to another amusement device or redemption machine operated by the same licensee or from one address to another address of a licensee, provided that the Department is promptly notified of such transfer on a transfer form which the Department will make available on request for this purpose.
2) However, no license is transferable from one person to another. For example, a license could not be transferred from one individual to another; from one partnership to another; from one corporation to another; from an individual to a partnership or to a corporation (even though the individual is one of the partners or owns the stock in the corporation); from a partnership to an individual or to a corporation (even though one of the partners is the individual or the partners own the stock in the corporation); or from a corporation to a partnership or to an individual. Each of these entities (i.e., each individual, each partnership and each corporation) is a different legal person. Similarly, a receiver, trustee in bankruptcy, administrator, executor, conservator or other legal representative appointed by a Court court is a different legal person from the person (or the person's estate) to whose assets such legal representative succeeds. d) Fractional Year Licenses
ILLINOIS REGISTER 549
DEPARTMENT OF REVENUE
NOTICE OF ADOPTED AMENDMENTS
The license year commences August 1 and ends the following July 31. A license may be issued for not less than one month. All fractional year licenses will end on the ensuing July 31.
e) Revocation of License
The Department is authorized, after notice and a hearing, to revoke any license upon a finding that there has been a violation of the Act.
f) Other Penalties
1) Displaying a taxable amusement device without payment of the proper tax subjects the offender to a monetary penalty of 30% of tax payable and also constitutes a misdemeanor for which the offender can be prosecuted. On every device and machine found to have been displayed without the tax imposed by the Act having been paid, the tax otherwise payable shall be increased by 30% as a penalty [35 ILCS 510/5]. Persons operating or displaying devices or machines in such a manner that they could be played without the tax imposed by the Act having first been paid, shall be guilty of a Class C misdemeanor [35 ILCS 510/8].
2) Also, any coin-operated amusement device or redemption machine which is operated in a manner that which violates any provision of the Act is subject to seizure and confiscation and forfeiture in accordance with the provisions of Sections 13 and 14 of the Act.
(Source: Amended at 26 Ill. Reg 542, effective December 27, 2002)
ILLINOIS REGISTER 550
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Business Corporation Act of 1983
2) Code Citation: 14 Ill. Adm. Code 150
3) Section Numbers Adopted Action 150.435 Amendment 150.445 Amendment 150.450 Amendment 150.520 Amendment 150.600 Amendment
4) Statutory Authority: Implementing and authorized by The Business Corporation Act of 1983 (805 ILCS 5)
5) Effective Date of Amendment: December 27, 2002
6) Does this amendment contain an automatic repeal date? ____Yes __x__No
If so, please specify date: ______
7) Do these amendments contain incorporations by reference? Yes
8) A copy of the adopted amendments including any material incorporated, in on file in the Secretary of State, Department of Business Services office and is available for public inspection.
9) Notice of Proposal Published in the Illinois Register:
August 16, 2002 26 Ill. Reg. 12591
10) Has JCAR issued a Statement of Objections to these rules? 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? Yes
13) Will these amendments replace an emergency rulemaking currently in effect? No
ILLINOIS REGISTER 551
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Rules:
In the Names section, limited liability company names were added to the distinguishability requirement. In the Service of Process section, the address of the Chicago office has been changed. In the Fees, Franchise Tax & License Fees section, language was added that any check returned by a bank resulted in the transaction being treated as if it had never happened.
16) Information and questions regarding these adopted amendments shall be directed to:
Robert Durchholz 350 Howlett Building 217-785-6033
The full text of the adopted amendments begins on the next page:
ILLINOIS REGISTER 552
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
TITLE 14: COMMERCE SUBTITLE A: REGULATION OF BUSINESS CHAPTER I: SECRETARY OF STATE
PART 150 BUSINESS CORPORATION ACT
SUBPART A: HEARING PROCEDURES
Section 150.10 Applicability 150.20 Definitions 150.30 Right to Counsel 150.40 Appearance of Attorney 150.50 Special Appearance 150.60 Substitution of Parties or Attorneys 150.70 Commencement of Action; Notice of Hearing 150.80 Motions 150.90 Form of Papers 150.100 Conduct of Hearings 150.110 Orders 150.120 Record of Hearings 150.130 Invalidity
SUBPART B: SALE AND RELEASE OF INFORMATION
Section 150.200 Annual List of Corporations 150.210 Monthly List of Corporations 150.220 Daily List of Corporations 150.230 Computer Access to Information 150.240 Abstracts of Corporate Record 150.250 Invalidity
SUBPART C: ERRORS, REFUNDS, CORRECTIONS, ADJUSTMENTS, OBJECTIONS, AND OTHER RELIEF
Section 150.300 Errors or Defects ILLINOIS REGISTER 553
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
150.305 Financial Data as Support Documentation 150.310 Invalidity
SUBPART D: NAMES
Section 150.400 Preliminary Determination of Availability 150.405 Final Determination of Availability 150.410 Response as to Basis of Unavailability 150.415 Reconsideration Procedure 150.420 Effect of Final Determination 150.425 Applicability 150.430 Availability of Names: Statutory Requirements 150.435 Standards - Conflicting Names 150.440 Distinguishable - Defined 150.445 Matters not Considered 150.450 Significant Differences 150.455 Surnames 150.460 Alphabet Names 150.465 Government Affiliation 150.470 Restricted and Professional Words 150.475 Acceptable Characters of Print 150.480 Invalidity 150.485 Improper Names
SUBPART E: SERVICE OF PROCESS ON THE SECRETARY OF STATE
Section 150.500 Preamble 150.510 Manner of Service 150.520 Place of Service 150.530 Payment of Fees 150.540 Invalidity
SUBPART F: FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT
Section ILLINOIS REGISTER 554
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
150.600 Payment of Fees, Franchise Tax and License Fee 150.610 Definitions 150.620 Annual Report 150.621 Confidentiality of Annual Report Financial Data 150.630 Shares Having a Par Value 150.640 Invalidity
SUBPART G: INTERPRETIVE COMMENTS AND GENERAL PROVISIONS
Section 150.700 Interpretive Comments Applicable Generally 150.705 Paid-in Capital 150.710 Advice to the Public 150.720 Incorporating Licensed Professionals
AUTHORITY: Implementing and authorized by the Business Corporation Act of 1983 [805 ILCS 5].
SOURCE: Adopted at 9 Ill. Reg. 1433, effective February 1, 1985; amended at 10 Ill. Reg. 5146, effective March 21, 1986; amended at 11 Ill. Reg. 10302, effective June 1, 1987; amended at 17 Ill. Reg. 11571, effective July 15, 1993; amended at 18 Ill. Reg. 7783, effective May 15, 1994; amended at 20 Ill. Reg. 7026, effective May 8, 1996; amended at 21 Ill. Reg. 16173, effective December 1, 1997; amended at 26 Ill. Reg.550, effective December 27, 2002.
SUBPART D: NAMES
Section 150.435 Standards - Conflicting Names
A corporate name shall be distinguishable upon the record of the Secretary of State, Department of Business Services, from the name or assumed name of any domestic corporation or limited liability company organized under the Limited Liability Company Act, whether profit or not for profit, existing under any Act of this State or of the name or assumed name of any foreign corporation or foreign limited liability company registered under the Limited Liability Company Act, whether profit or not for profit, authorized to transact business in this State, or a name the exclusive right to which is, at the time, reserved or registered in the manner provided in the Act or Section 1-15 of the Limited Liability Company Act. from the corporate name or any assumed corporate name of any domestic or foreign corporation in existence and on record or from any name reserved or registered. ILLINOIS REGISTER 555
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
(Source: Amended at 26 Ill. Reg. 550, effective December 27, 2002)
Section 150.445 Matters not Considered
Only the proposed name and the names of active corporations (corporations in good standing or that which have not been dissolved or revoked) or limited liability companies on record are considered in determining name availability. Among the matters not considered are: a) the purpose, location or relative size of the business; b) the intent of the applicant; c) any consent by a corporation bearing a similar title; d) the names of unincorporated entities; e) the common law or statutory law of unfair competition, unfair trade practices, trade marks, trade names, service marks, service names, copyrights or any other right to the exclusive use of names or symbols; f) the names of corporations or limited liability companies not on record with the Secretary of State; g) whether or not the public may be likely to be deceived or misled by the resemblance of the proposed name to the name of other corporations or limited liability companies; h) whether or not an existing corporation or limited liability company may possibly be injured by a resemblance of the proposed name.
(Source: Amended at 26 Ill. Reg. 550, effective December 27, 2002)
Section 150.450 Significant Differences
Corporate names are deemed not to be distinguishable when a comparison of the names reveals no difference except for: a) one or more of the words, "corporation", "company", incorporated", or "limited", or an acceptable abbreviations thereof, “limited liability company”, “LLC”, or “L.L.C.”, regardless of where in the name such may appear; b) the inclusion or omission of articles of speech, conjunctions, contractions, (or symbols thereof), prepositions, or a letter or letters; c) an abbreviation versus a spelling out of a word; a different tense of a word; or the use of the singular as opposed to the plural of a word; d) the spacing of words, the combination of commonly used two-word terms (including points of the compass), the misspelling, phonetic spelling or any other deviation or of derivation of substantially the same base word, abbreviation or symbol; e) the presence or absence of multiple letters within a word.
ILLINOIS REGISTER 556
SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENTS
(Source: Amended at 26 Ill. Reg. 550, effective December 27, 2002)
SUBPART E: SERVICE OF PROCESS ON THE SECRETARY OF STATE Section 150.520 Place of Service
Service of any process, notice or demand made under this Part shall be had with the Department of Business Services either at Room 328, Howlett Building, Springfield, Illinois 62756, or at 69 W. Washington St., Room 1240, Chicago IL 60602. Room 1137, 17 North State, Chicago, Illinois 60602.
(Source: Amended at 26 Ill. Reg. 550, effective December 27, 2002)
SUBPART F: FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT
Section 150.600 Payment of Fees, Franchise Tax and License Fee
All payments of fees, franchise taxes, license fees and penalties with respect to original articles of incorporation, applications for original certificates of authority and applications for reinstatement of domestic or foreign corporations shall be by money order, certified check, cashier's check or a check drawn on the account of an Illinois licensed attorney or certified public accountant, payable to the "Secretary of State." All other payments may be made by personal or business firm check, payable to the "Secretary of State.". Any check that is returned by the bank to the Secretary of State’s Office for any reason will immediately void the transaction for which it was intended and the Secretary of State will treat the filing event as never occurring.
(Source: Amended at 26 Ill. Reg. 550, effective December 27, 2002)
ILLINOIS REGISTER 557
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
1) Heading of the Part: The Travel Regulation Council
2) Code Citation: 80 Ill Adm. Code 3000
3) Section Number: Emergency Action:
3000.300 Amendment
4) Statutory Authority: Implementing and authorized by Sections 12-1, 12-2 and 12-3 of the State Finance Act [30 ILCS 105/12-1, 12-2 and 12-3].
5) Effective Date of Emergency Amendment: January 1, 2003
6) If this emergency amendment is to expire before the end of the 150 day period, please specify the date on which it is to expire: Not applicable
7) Date filed with the Index Department: December 30, 2002
8) A copy of the emergency amendment, including any material incorporated by reference, is on file in the agency’s principal office and is available for public inspection.
9) Reason for Emergency: The General Services Administration (GSA) is expected to decrease the mileage reimbursement rate for traveling federal employees effective January 1, 2003. The State of Illinois uses the GSA rate. In order for the State to implement the lower rate on January 1, an emergency amendment is necessary.
10) A Complete Description of the Subjects and Issues Involved: 30 ILCS 105/12-2(b) ties the auto mileage reimbursement rate to the federal rate and goes on to say that changes to the federal rate made during the State’s fiscal year will not be effective until the following July 1. The intent of this language was to protect agency budgets should the federal government increase the mileage reimbursement rate in the middle of the State’s fiscal year. We anticipate that the federal rate will decrease in the next few days. To effectuate the intent and to save the State unneeded and unaffordable expense, this amendment will clarify that federal rate changes to decrease the mileage reimbursement rate go into effect immediately and changes that increase the rate go into effect the following July 1.
11) Are there any proposed amendments to this Part pending? No
12) Statement of Statewide Policy Objective: Rulemaking does not affect units of local government. ILLINOIS REGISTER 558
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
13) Information and questions regarding these emergency amendments shall be directed to:
Ben Bagby Illinois Department of Central Management Services 720 Stratton Office Building Springfield IL 62706 217/782-9669
The full text of the Emergency Amendments begins on the next page: ILLINOIS REGISTER 559
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE I: GENERAL TRAVEL CONTROL CHAPTER IV: TRAVEL REGULATION COUNCIL
PART 3000 THE TRAVEL REGULATION COUNCIL
SUBPART A: GENERAL Section 3000.100 Authority 3000.110 Philosophy 3000.120 Policy 3000.130 Scope and Interpretation 3000.140 Definitions
SUBPART B: TRAVEL CONTROL SYSTEM
Section 3000.200 Travel Control System 3000.210 Designation of Headquarters 3000.220 Expenses at Headquarters or Residence 3000.230 Preparation and Submission of Vouchers or Travel Expenses
SUBPART C: TRANSPORTATION
Section 3000.300 Modes of Transportation EMERGENCY 3000.310 Routing
SUBPART D: LODGING
Section 3000.400 Lodging Allowances 3000.410 Least Costly Lodging 3000.420 Conference Lodging 3000.430 Employee Owned or Controlled Housing
SUBPART E: PER DIEM/MEALS
Section ILLINOIS REGISTER 560
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
3000.500 Per Diem Allowance 3000.510 Meal Allowance
SUBPART F: MISCELLANEOUS RULES
Section 3000.600 Reimbursable and Non-Reimbursable Expenses 3000.610 Expenses Related to Transportation 3000.620 Receipts Required 3000.630 Meals for Other Persons
SUBPART G: EXCEPTIONS
Section 3000.700 Exceptions to the Rules 3000.710 Board/Agency Rules 3000.720 Non-Required Travel
Appendix A Reimbursement Schedule
AUTHORITY: Implementing and authorized by Sections 12-1, 12-2 and 12-3 of the State Finance Act [30 ILCS 105/12-1, 12-2 and 12-3].
SOURCE: Emergency rules adopted at 10 Ill. Reg. 12697, effective July 2, 1986, for a maximum of 150 days; adopted at 10 Ill. Reg. 18188, effective January 1, 1987; peremptory amendment at 11 Ill. Reg. 14854, effective August 25, 1987; amended at 12 Ill. Reg. 11626, effective July 1, 1988; amended at 14 Ill. Reg. 10014, effective July 1, 1990; amended at 19 Ill. Reg. 7852, effective July 1, 1995; amended at 20 Ill. Reg. 7372, effective May 13, 1996; amended at 20 Ill. Reg. 9025, effective July 1, 1996; amended at 21 Ill. Reg. 8899, effective July 1, 1997; amended at 22 Ill. Reg. 11713, effective July 1, 1998; emergency amendment at 23 Ill. Reg. 11332, effective August 27, 1999, for a maximum of 150 days; amended at 24 Ill. Reg. 245, effective December 27, 1999; emergency amendment at 24 Ill Reg. 861, effective January 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 1908, effective January 2, 2000; amended at 24 Ill. Reg. 7737, effective May 9, 2000; amended at 26 Ill. Reg. 14985, effective October 8, 2002; emergency amended at 27 Ill. Reg. 557, effective January 1, 2003, for a maximum of 150 days.
SUBPART C: TRANSPORTATION
Section 3000.300 Modes of Transportation ILLINOIS REGISTER 561
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
EMERGENCY
a) All travel shall be by the most economical mode of transportation available considering travel time, costs, and work requirements. Modes of transportation authorized for official travel include automobiles, railroads, airlines, buses, taxicabs and other usual means of conveyance.
b) State vehicles may be used when most economical. When applicable, Vehicle Rules (44 Ill. Adm. Code 5040) issued by the Department of Central Management Services shall govern use of State-owned vehicles. Agency rules further defining use of vehicles may also apply. Specific instructions covering service and repairs of these vehicles are to be found in the glove compartment of each vehicle.
c) Arrangements on airplanes, trains, or boats shall be the least costly reasonably available alternative.
d) Chartered aircraft, boats, trains, buses, or other such conveyance, shall be used only as a last resort or if proven to be most economical for the circumstances. A full explanation for the use of such transportation must accompany the voucher.
e) The rental of an automobile while on travel status is allowed, if circumstances require. The most economical vehicle available that is suitable for the State's business shall be obtained. The collision damage waiver and personal accident insurance on rented vehicles are not reimbursable. f) Privately owned vehicles may be used when authorized by appropriate agency personnel.
1) Employees using private vehicles while on State business must have insurance coverage in an amount not less than that required by Section 10- 101(b) of the Illinois Vehicle Code (625 ILCS 5/10-101(b)). Prior to such authorization the Agency Head shall require employees to file a statement certifying that they are duly licensed and carry at least the minimum insurance coverage or shall require such certification to be noted on the travel voucher.
2) Reimbursement for use of a private vehicle shall be on a mileage basis and shall be in accordance with the rate promulgated pursuant to 5 USC 5707(b)(2) and is shown in Appendix A, Reimbursement Schedule. However, i In the event the rate set under the federal regulations increases changes during the course of the State’s fiscal year, the effective date of ILLINOIS REGISTER 562
ILLINOIS DEPARTMENT CENTRAL MANAGEMENT SERVICES
NOTICE OF EMERGENCY ADMENDMENT
the new rate shall be the July 1 immediately following the change in the federal rate. In the event the rate set under the federal regulations decreases during the course of the State’s fiscal year, the effective date of the new rate shall be the effective date of the change in the federal rate.
g) Agency Heads may authorize the use of privately owned aircraft on State business.
1) Employees using privately owned aircraft on State business shall be duly licensed by the appropriate licensing body for the particular aircraft to be flown, shall carry insurance in at least the amount of $500,000 combined single limit, and shall certify this to the Agency Head. Such certification shall be available for review and shall also be noted on the travel voucher.
2) Reimbursement for the use of privately owned aircraft may be set by the individual Boards, but shall not exceed the rate set by the Federal Government pursuant to 5 U.S.C. 5707(b)(2).
(Source: Emergency amendment at 27 Ill. Reg. 557, effective January 1, 2003, for a maximum of 150 days) ILLINOIS REGISTER 563
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
1) Heading of the Part: Restricted Call Registry
2) Code Citation: 14 Ill. Adm. Code 300
3) Section Numbers: Emergency Action:
300.10 New Section 300.20 New Section 300.100 New Section 300.110 New Section 300.120 New Section 300.130 New Section 300.200 New Section 300.300 New Section 300.400 New Section 300.410 New Section 300.500 New Section
4) Statutory Authority: Implementing and authorized by Section 20 of the Restricted Call Registry Act [815 ILCS 402/20].
5) Effective Date of Rules: January 1, 2003
6) If these emergency rules are to expire before the end of the 150-day period, please specify the date on which they are to expire: Not applicable
7) Date Filed with the Index Department: December 24, 2002
8) A statement that a copy of the adopted rule, amendment, or repealer, including any material incorporated by reference, is on file in the agency’s principal office and is available for public inspection: The adopted rule, including any material incorporated by reference, is on file in the Commission's Springfield office.
9) Reason for Emergency: On August 9, 2002, the Governor signed into law P.A. 92-0795, the Restricted Call Registry Act. This Act requires the Illinois Commerce Commission to adopt rules by January 1, 2003 to implement the Act.
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10) A Complete Description of the Subjects and Issues Involved:
Under the Restricted Call Registry Act, the Commission is to establish and maintain a statewide registry containing the telephone numbers of residential subscribers who object to receiving unsolicited telemarketing sales calls. With certain exceptions, beginning July 1, 2003, telephone solicitors are prohibited from calling the telephone numbers on the Registry more than 45 days after the telephone number first appears on the published list. The Commission must provide public notice of the Registry; develop consumer education literature and a web site; establish a method for residential subscribers to add their telephone numbers for an initial enrollment fee not to exceed $5 and process renewals in increments of 5 years; make the Registry available to telemarketers for a fee not to exceed $1000 annually; update the Registry on a quarterly basis; and enforcement.
The Commission has set the statutory maximum of $1000 annually for the Registry and the quarterly updates (Section 300.120) and $5.00 for the subscriber registration fee (Section 300.130). The exact costs associated with creating and maintaining the Registry are unknown at this time and it is prudent to charge the maximum allowed to meet start-up costs for this self-funded program. The Commission is required to conduct a biennial review of the revenues and expenditures of the Restricted Call Registry and will reduce the fee if revenues exceed expenditures.
11) Are there any proposed rules to this Part pending? No
12) Statement of Statewide Policy Objectives: These emergency rules neither create nor expand any state mandate on units of local government, school districts, or community college districts.
13) Information and questions regarding these rules shall be directed to:
Joan Howard Consumer Services Division Illinois Commerce Commission 527 East Capitol Avenue Springfield, IL 62701 Phone: (217) 782-7657 Fax: (217)524-6859
The full text of the Emergency Rules appears on the next page: ILLINOIS REGISTER 565
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
TITLE 14: COMMERCE SUBTITLE A: REGULATION OF BUSINESS CHAPTER III: ILLINOIS COMMERCE COMMISSION
PART 300 RESTRICTED CALL REGISTRY
SUBPART A: GENERAL PROVISIONS
Section 300.10 Procedure Governed EMERGENCY 300.20 Definitions EMERGENCY
SUBPART B: RESTRICTED CALL REGISTRY
Section 300.100 Establishment and Maintenance of the Registry EMERGENCY 300.110 Use of the Registry EMERGENCY 300.120 Obligations of Telephone Solicitors EMERGENCY 300.130 Enrollment of Residential Subscribers EMERGENCY
SUBPART C: PUBLIC NOTIFICATION
Section 300.200 Public Notification EMERGENCY
SUBPART D: COMPLAINT PROCEDURES
Section 300.300 Complaint Procedures EMERGENCY
ILLINOIS REGISTER 566
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
SUBPART E: VIOLATIONS
Section 300.400 Relief EMERGENCY 300.410 Exemptions EMERGENCY
SUBPART F: DISCONTINUANCE OF REGISTRY
Section 300.500 Discontinuance of Registry EMERGENCY
AUTHORITY: Implementing and authorized by the Restricted Call Registry Act (P. A. 97-0795) [815 ILCS 402].
SOURCE: Emergency rules adopted at 27 Ill. Reg. 563, effective January 1, 2003, for a maximum of 150 days.
SUBPART A: GENERAL PROVISIONS
Section 300.10 Procedures Governed EMREGENCY
Public Act 92-0795 concerns telephone solicitations. This Part establishes procedures for a Restricted Call Registry, methods to obtain the Registry, subscriber enrollment, public notification, complaints procedures, violations and relief.
Section 300.20 Definitions EMERGENCY
The following terms as used in this Part shall have the definitions shown:
"Act" means the Restricted Call Registry Act [P.A. 92-0795].
“Commission” means the Illinois Commerce Commission.
“Established business relationship” means the existence of an oral or written transaction, agreement, contract, or other legal state of affairs involving a person or entity and an existing customer under which both parties have a course of ILLINOIS REGISTER 567
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the existing customer and the person or entity directly, and does not extend to any related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate. [P.A. 92-0795, Section 5]
"Existing customer" means an individual who has either entered into a transaction, agreement, contract, or other legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time or opened or maintained a debit account, credit card account, or other credit or discount program offered by or in conjunction with the person or entity and has not requested the person or entity to close such account or terminate such program. [P.A. 92-0795, Section 5]
“Local exchange telecommunications company” means a local exchange telecommunications carrier certificated by the Illinois Commerce Commission to provide intra-exchange and/or inter-exchange service within the same market service area pursuant to Sections 13-209 and 13-210 of the Public Utilities Act [220 ILCS 5/13-209 and 13-210].
"Registry" means the Restricted Call Registry established under the Act. [P.A. 92- 0795, Section 5]
“Residential subscriber” means a person or spouse who has subscribed to either residential telephone service from a local exchange company or public mobile services, as defined by Section 13-214 of the Public Utilities Act [220 ILCS 5/13- 214], a guardian of the person or the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse. [P.A. 92-0795, Section 5]
"Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act [815 ILCS 305/5], or by other means for the purpose of encouraging the purchase or rental of, or ILLINOIS REGISTER 568
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES investment in, property, goods, or services, or for the purposes of soliciting charitable contributions but does not include communications: to any residential subscriber with that subscriber's prior express invitation or permission when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration. A telephone solicitation is presumed not to be made at the express request of a subscriber if one of the following occurs, as applicable:
The telephone solicitation is made 30 business days after the last date on which the subscriber contacted a business with the purpose of inquiring about the potential purchase of goods or services.
The telephone solicitation is made 30 business days after the last date on which the subscriber consented to be contacted.
The telephone solicitation is made 30 business days after a product or service becomes available where the subscriber has made a request to the business for that product or service that is not then available, and requests a call when the product or service becomes available;
by or on behalf of any person or entity with whom a residential subscriber has an established business relationship which has not been terminated in writing by either party and which is related to the nature of the established business relationship;
by or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer;
by or on behalf of an organization that is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code (26 USC 501(c)), but only if the person making the telephone solicitation immediately discloses all of the following information upon making contact with the consumer
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the caller's true first and last name; and
the name, address, and telephone number of the organization;
by or on behalf of an individual licensed under the Real Estate License Act of 2000 [225 ILCS 454] or as an insurance producer under the Illinois Insurance Code [215 ILCS 5] who either
is setting or attempting to set a face to face appointment for actions relating to that individual's real estate or insurance business; or
is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or
until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications service, as defined in Section 13-203 of the Public Utilities Act [220 ILCS 5/13-203], while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act [220 ILCS 5/13-205], or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act [220 ILCS 5/13-204] or to the extent, subject to the regulatory authority of the Federal Communications Commission, the entity is defined by Title 47 Section 522(5) of the United States Code (47 USC 522(5)), or providers of information services as defined by Title 47 Section 153(20) of the United States Code (47 USC 153(20)). [P.A. 92- 0795, Section 5]
SUBPART B: RESTRICTED CALL REGISTRY
Section 300.100 Establishment and Maintenance of the Registry EMERGENCY
a) The Commission shall establish and provide for the operation of the Registry.
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NOTICE OF EMERGENCY RULES
b) The Commission may contract with a private vendor if the contract requires the vendor to provide the Registry in a printed hard copy format, in an electronic format, and in any other format prescribed by the Commission.
c) The Registry shall contain a list of the telephone numbers of residential subscribers who do not wish to receive telephone solicitation calls.
d) The Commission shall update the Registry and make information in the Registry available on a quarterly basis in an electronic format that can be sorted by individual fields.
e) The Commission shall periodically obtain subscription listings of residential subscribers in this State who have arranged to be included in any national do- not-call list and add those names to the Registry. [P.A. 97-0795, Section 20]
Section 300.110 Use of the Registry EMERGENCY
a) Information in the Registry is confidential and shall be afforded reasonable privacy protection except as necessary for compliance to avoid making or causing to be made any telephone solicitations calls to any residential subscriber more than 45 days after the residential subscriber’s telephone number or numbers first appear on the Registry and in a proceeding under the violation section of this rule. The information is not a public record under the Freedom of Information Act [5 ILCS 140]. [P.A. 92-0795, Sections 10 and 20]
b) A person or entity that obtains the Registry shall not use the Registry for any purpose other than to comply with the Act. These unlawful purposes include, but are not limited to, causing a subscriber to participate in and be included in the Registry without the subscriber’s knowledge or consent, selling or leasing the Registry to a person other than a telephone solicitor, selling or leasing by a telephone solicitor of the Registry, and a telephone solicitor, either directly or indirectly, persuading a subscriber with whom it has an established business relationship to place his or her telephone number in the Registry, if the solicitation has the effect of preventing competitors from contacting that solicitor’s customers. [P.A. 92-0795, Section 20]
c) No person or entity that sells, leases, exchanges, or rents telephone solicitation lists, except for directory assistance and telephone directories sold by telephone companies or their affiliates, shall include in those lists those telephone numbers that appear in the current Registry. [P.A. 92-0795, Section 20] ILLINOIS REGISTER 571
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
Section 300.120 Obligations of Telephone Solicitors EMERGENCY
a) Prohibited calls. Beginning July 1, 2003, no person or entity may make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the residential subscriber's telephone number or numbers first appear on the Registry. [P.A. 92-0795, Section 10]
b) Any person or entity conducting telephone solicitation calls within the State of Illinois shall purchase the Restricted Call Registry and updates exclusively from the Illinois Commerce Commission. Failure to do so prior to conducting telephone solicitation calls is a violation subject to the penalties provided for in Subpart E. [P.A. 92-0795, Section 20]
c) The fee for obtaining the Registry and updates shall be $1,000 annually and is non-refundable. All copies requested in a printed hard copy format shall be assessed a per page fee of 25 cents.
Section 300.130 Enrollment of Residential Subscribers EMERGENCY
a) A subscriber’s request to be enrolled shall include the subscriber’s name and mailing address, and any e-mail address, and the telephone numbers to be included in the Registry.
b) A non-refundable fee of $5.00 shall be paid directly to the Commission or its designee by the subscriber at the time of the initial request for enrollment for inclusion in the Registry using one of the following methods:
1) Accepted credit cards;
2) Check;
3) Money order; or
4) Cash.
c) A subscriber may use one of the following methods to enroll in the Registry:
ILLINOIS REGISTER 572
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
1) Internet;
2) Toll free telephone at toll free number; or
3) Mail.
d) A subscriber's telephone number shall be deleted from the Registry upon the residential subscriber's written request to the Commission. [P.A. 92-0795, Section 25]
e) Enrollment in the Registry is effective from the start of the quarter following the date of enrollment for a term of 5 years and the subscriber shall be permitted to extend their enrollment for additional 5 year periods. Subscribers who do not indicate their desire to extend their enrollment before the end of the 5-year term shall be given a one quarter grace period before being removed from the Registry. [P.A. 92-0795, Section 25]
f) The residential subscriber is responsible for notifying the Commission of any changes in his or her telephone numbers included on the Registry. [P.A. 92-0795, Section 25]
SUBPART C: PUBLIC NOTIFICATION
Section 300.200 Public Notification EMERGENCY
a) The Commission shall include, on its Internet web site, information to customers regarding their right to be included in the Registry and the various methods by which they may enroll. [P.A. 92-0795, Section 30]
b) At least once per year, local exchange telecommunications companies shall disseminate to their customers information about the availability of and instructions for requesting educational literature pertaining to the Registry from the Commission. Telecommunications companies shall inform subscribers through a message on the customer’s bill, or a notice in the information section of all telephone directories distributed to customers and shall include on their website a link to the Commission’s web page for the Registry.
SUBPART D: COMPLAINT PROCEDURES
Section 300.300 Complaint Procedures ILLINOIS REGISTER 573
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
EMERGENCY
a) The Commission shall receive complaints from residential subscribers regarding telephone solicitations calls.
b) Complaints made pursuant to Section 300.120(a) shall be submitted in writing and shall be submitted within one year after the subscriber bringing the action knew or should have known of the occurrence of the alleged violation. The Commission shall make available the necessary form; partially completed forms will be rejected.
SUBPART E: VIOLATIONS
Section 300.400 Relief EMERGENCY
a) The Commission may initiate administrative proceedings in accordance with this Part relating to a knowing and willful violation of Section 10 of the Act. [P.A. 92- 0795, Section 35(a)]
b) Any enforcement proceedings for violation of the Act shall be conducted pursuant to 83 Ill. Adm. Code 200.
c) If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of Section 35 of the Act, the Commission may assess a fine not to exceed $1,000 for the first violation and not to exceed $2,500 for a second or subsequent violation. Each individual violation of Section 10 of the Act shall be a separate and distinct offense under this Section. In imposing a penalty under Section 35 of the Act, the Commission shall, at a minimum, consider the following factors:
1) Whether the offense was knowing or willful;
2) Whether the entity committing the offense has a prior history of non- compliance with the Act;
3) The offender’s relative ability to pay a penalty;
4) Whether the offender has or has not cooperated with the Commission in pursuing the investigation; and
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5) Such other special, mitigating or aggravating circumstances as the Commission may find to exist.
d) No action or proceeding may be brought under this Section:
1) More than one year after the person bringing the action knew or should have known of the occurrence of the alleged violation; or
2) More than one year after the termination of any proceeding or action arising out of the same violation or violations by the State of Illinois, whichever is later. [P.A. 92-0795, Section 35]
Section 300.410 Exemptions EMERGENCY
a) A person or entity may not be held liable for violating the Act if:
1) The person or entity has obtained copies of the Registry and each updated Registry from the Commission and has established and implemented written policies and procedures related to the requirements of the Act;
2) The person or entity has trained its personnel in the requirements of the Act;
3) The person or entity maintains records demonstrating compliance with Section 40(a)(1) and (a)(2) of the Act and the requirements of the Act; and
4) Any subsequent telephone solicitation is the result of unintentional error.
b) A person or entity that has entered into a contract with another person or entity to make telephone solicitations on its behalf is not liable for a violation of the Act by the person or entity making telephone solicitations under the contract if the person or entity on whose behalf the telephone solicitations were made has provided written notification to the person or entity making telephone solicitations under the contract that it is necessary to comply with the provisions of the Act when making telephone solicitations. [P.A. 92-0795, Section 40]
SUBPART F: DISCONTINUANCE OF REGISTRY
Section 300.500 Discontinuance of Registry EMERGENCY ILLINOIS REGISTER 575
ILLINOIS COMMERCE COMMISSION
NOTICE OF EMERGENCY RULES
If the Federal Communications Commission or Federal Trade Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, which restricts both inter-state and intra-state calls and at a minimum covers all telephone solicitations covered by the Restricted Call Registry Act, the Commission shall discontinue the Registry. [P.A. 92-0795, Section 20]
ILLINOIS REGISTER 576
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF EMERGENCY AMENDMENTS
1) Heading of the Part: Perfusionist Practice Act
2) Code Citation: 68 Ill. Adm. Code 1335
3) Section Number: Emergency Action:
1335.30 Amendment
4) Statutory Authority: Perfusionist Practice Act [225 ILCS 125]
5) Effective Date of Amendment: December 30, 2002
6) If this emergency amendment is to expire before the end of the 150-day period, please specify the date on which it will expire: This emergency rule is to expire when the proposed rule is adopted.
7) Date Filed in Index Department: December 30, 2002
8) A copy of the emergency amendment, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
9) Reason for Emergency: This emergency rulemaking amends Section 1335.30 by changing the date by which grandfather applications may be submitted to the Department from November 1, 2002 to February 1, 2003. This will allow more time for perfusionists to obtain licensure under the grandfather provisions thus ensuring that individuals are properly licensed to protect the people of the State of Illinois.
10) A Complete Description of the Subjects and Issues Involved: As stated above this rulemaking extends the grandfather period from November 1, 2002 to February 1, 2003.
11) Are there any proposed Amendments to this Part pending: No
12) Statement of Statewide Policy Objectives: This rulemaking has no impact on local government.
13) Information and questions regarding this Amendment shall be directed to:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor ILLINOIS REGISTER 577
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF EMERGENCY AMENDMENTS
Springfield, IL 62786 217/785-0813 Fax #: 217/782-7645
The full text of the Emergency Amendments begins on the next page:
ILLINOIS REGISTER 578
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF EMERGENCY AMENDMENTS
TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1335
PERFUSIONIST PRACTICE ACT
Section 1335.10 Definitions 1335.20 Fees 1335.30 Application for Licensure (Grandfather) 1335.40 Application for Licensure 1335.50 Renewals 1335.60 Restoration 1335.70 Endorsement 1335.80 Inactive Status 1335.90 Granting Variances 1335.100 Unethical, Unauthorized or Unprofessional Conduct
AUTHORITY: Implementing the Perfusionist Practice Act [225 ILCS 125] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15 (7)].
SOURCE: Adopted at 26 Ill. Reg. 1718, effective February 1, 2002; emergency amendment at 27 Ill. Reg. 576, effective December 30, 2002, for a maximum of 150 days.
Section 1335.30 Application for Licensure Pursuant to Section 60 of the Act (Grandfather)
a) Pursuant to Section 60 of the Act, an applicant may apply for licensure by filing an application on forms provided by the Department. The application shall be postmarked no later than February 1, 2003 November 1, 2002 and shall include:
1) Verification of at least 5 years experience in the practice of perfusion. The experience shall be:
A) in operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility;
B) the primary function of the applicant; ILLINOIS REGISTER 579
DEPARTMENT OF PROFESSIONAL REGULATION
NOTICE OF EMERGENCY AMENDMENTS
C) a minimum of 200 cases completed in the 5 years between January 1, 1991 and January 1, 2000; and
D) documented by 3 affidavits signed by either cardiovascular surgeons certified by the American Board of Thoracic Surgery or certified American Board of Cardiovascular Perfusion perfusionists who acted in a supervisory capacity;
2) A complete work history since January 1, 1991; and
3) The required fee set forth in Section 1335.20.
b) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:
1) Provide information as may be necessary; and/or
2) Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.
(Source: Amended by emergency rulemaking at 27 Ill. Reg. 576, effective December 30, 2002, for a maximum of 150 days.)
ILLINOIS REGISTER 580
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
1) Heading of the Part: Hospital Services
2) Code Citation: 89 Ill. Adm. Code 148
3) Section Numbers: Emergency Action:
148.126 Amendment
4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13] and Public Act 92-597
5) Effective Date: January 1, 2003
6) If this emergency amendment is to expire before the end of the 150-day period, please specify the date on which it is to expire: Not Applicable
7) Date Filed with the Index Department: December 30, 2003
8) A copy of the emergency amendment, including any materials incorporated by reference, is on file in the agency's principal office and is available for public inspection.
9) Reason for Emergency: These emergency amendments are being filed pursuant to the enactment of the State’s budget implementation plan for fiscal year 2003. The amendments provide reimbursement increases under the Safety Net Adjustment Payment program to provided additional necessary funding for high volume Medicaid providers. Immediate implementation of these amendments is necessary to ensure access to essential medical services for public assistance clients. Emergency rulemaking is specifically authorized for the implementation of these changes for fiscal year 2003 by Section 5-45 of Public Act 92-597.
10) Complete Description of the Subjects and Issues Involved: This emergency rulemaking provides fiscal year 2003 budget implementation changes that affect specified inpatient hospital services. Reimbursement levels are being increased under the Safety Net Adjustment Payment program to provide additional funding to high volume Medicaid providers of hospital services. These changes are expected to result in a spending increase of $5.1 million during fiscal year 2003.
11) Are there any other amendments pending on this Part? Yes
Sections Proposed Action Illinois Register Citation ILLINOIS REGISTER 581
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
148.105 New Section August 30, 2002 (26 Ill. Reg.13046) 148.115 New Section August 30, 2002 (26 Ill. Reg.13046) 148.126 Amendment December 2, 2002 (26 Ill. Reg.17143) 148.140 Amendment January 10, 2003 (26 Ill. Reg._____) 148.295 Amendment August 30, 2002 (26 Ill. Reg.13046) 148.310 Amendment August 30, 2002 (26 Ill. Reg.13046)
12) Statement of Statewide Policy Objectives: These emergency amendments neither create nor expand any state mandates affecting units of local government.
13) Information and questions regarding this amendment shall be directed to:
Joanne Scattoloni Office of the General Counsel, Rules Section Illinois Department of Public Aid 201 South Grand Avenue East, Third Floor Springfield, Illinois 62763-0002 (217)524-0081
The full text of the emergency amendments begins on the next page:
ILLINOIS REGISTER 582
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF PUBLIC AID SUBCHAPTER d: MEDICAL PROGRAMS
PART 148 HOSPITAL SERVICES
SUBPART A: GENERAL PROVISIONS
Section 148.10 Hospital Services 148.20 Participation 148.25 Definitions and Applicability 148.30 General Requirements 148.40 Special Requirements 148.50 Covered Hospital Services 148.60 Services Not Covered as Hospital Services 148.70 Limitation On Hospital Services
SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS
Section 148.80 Organ Transplants Services Covered Under Medicaid (Repealed) 148.82 Organ Transplant Services 148.90 Heart Transplants (Repealed) 148.100 Liver Transplants (Repealed) 148.110 Bone Marrow Transplants (Repealed) 148.120 Disproportionate Share Hospital (DSH) Adjustments 148.126 Safety Net Adjustment Payments EMERGENCY 148.130 Outlier Adjustments for Exceptionally Costly Stays 148.140 Hospital Outpatient and Clinic Services EMERGENCY 148.150 Public Law 103-66 Requirements 148.160 Payment Methodology for County-Owned Hospitals in an Illinois County with a Population of Over Three Million 148.170 Payment Methodology for Hospitals Organized Under the University of Illinois Hospital Act 148.175 Supplemental Disproportionate Share Payment Methodology for Hospitals Organized Under the Town Hospital Act ILLINOIS REGISTER 583
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
148.180 Payment for Pre-operative Days, Patient Specific Orders, and Services Which Can Be Performed in an Outpatient Setting 148.190 Copayments 148.200 Alternate Reimbursement Systems 148.210 Filing Cost Reports 148.220 Pre September 1, 1991, Admissions 148.230 Admissions Occurring on or after September 1, 1991 148.240 Utilization Review and Furnishing of Inpatient Hospital Services Directly or Under Arrangements 148.250 Determination of Alternate Payment Rates to Certain Exempt Hospitals 148.260 Calculation and Definitions of Inpatient Per Diem Rates 148.270 Determination of Alternate Cost Per Diem Rates For All Hospitals; Payment Rates for Certain Exempt Hospital Units; and Payment Rates for Certain Other Hospitals 148.280 Reimbursement Methodologies for Children's Hospitals and Hospitals Reimbursed Under Special Arrangements 148.285 Excellence in Academic Medicine Payments 148.290 Adjustments and Reductions to Total Payments 148.295 Critical Hospital Adjustment Payments (CHAP) EMERGENCY 148.296 Tertiary Care Adjustment Payments 148.297 Pediatric Outpatient Adjustment Payments 148.298 Pediatric Inpatient Adjustment Payments 148.300 Payment 148.310 Review Procedure EMERGENCY 148.320 Alternatives 148.330 Exemptions 148.340 Subacute Alcoholism and Substance Abuse Treatment Services 148.350 Definitions (Repealed) 148.360 Types of Subacute Alcoholism and Substance Abuse Treatment Services (Repealed) 148.368 Volume Adjustment (Repealed) 148.370 Payment for Subacute Alcoholism and Substance Abuse Treatment Services 148.380 Rate Appeals for Subacute Alcoholism and Substance Abuse Treatment Services (Repealed) 148.390 Hearings 148.400 Special Hospital Reporting Requirements
SUBPART C: SEXUAL ASSAULT EMERGENCY TREATMENT PROGRAM
Section ILLINOIS REGISTER 584
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
148.500 Definitions 148.510 Reimbursement
SUBPART D: STATE CHRONIC RENAL DISEASE PROGRAM
Section 148.600 Definitions 148.610 Scope of the Program 148.620 Assistance Level and Reimbursement 148.630 Criteria and Information Required to Establish Eligibility 148.640 Covered Services
148.TABLE A Renal Participation Fee Worksheet 148.TABLE B Bureau of Labor Statistics Equivalence 148.TABLE C List of Metropolitan Counties by SMSA Definition
AUTHORITY: Implementing and authorized by Articles III, IV, V and VI and Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI and 12-13].
SOURCE: Sections 148.10 thru 148.390 recodified from 89 Ill. Adm. Code 140.94 thru 140.398 at 13 Ill. Reg. 9572; Section 148.120 recodified from 89 Ill. Adm. Code 140.110 at 13 Ill. Reg. 12118; amended at 14 Ill. Reg. 2553, effective February 9, 1990; emergency amendment at 14 Ill. Reg. 11392, effective July 1, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 15358, effective September 13, 1990; amended at 14 Ill. Reg. 16998, effective October 4, 1990; amended at 14 Ill. Reg. 18293, effective October 30, 1990; amended at 14 Ill. Reg. 18499, effective November 8, 1990; emergency amendment at 15 Ill. Reg. 10502, effective July 1, 1991, for a maximum of 150 days; emergency expired October 29, 1991; emergency amendment at 15 Ill. Reg. 12005, effective August 9, 1991, for a maximum of 150 days; emergency expired January 6, 1992; emergency amendment at 15 Ill. Reg. 16166, effective November 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 18684, effective December 23, 1991; amended at 16 Ill. Reg. 6255, effective March 27, 1992; emergency amendment at 16 Ill. Reg. 11335, effective June 30, 1992, for a maximum of 150 days; emergency expired November 27, 1992; emergency amendment at 16 Ill. Reg. 11942, effective July 10, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14778, effective October 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 19873, effective December 7, 1992; amended at 17 Ill. Reg. 131, effective December 21, 1992; amended at 17 Ill. Reg. 3296, effective March 1, 1993; amended at 17 Ill. Reg. 6649, effective April 21, 1993; amended at 17 Ill. Reg. 14643, effective August 30, 1993; emergency amendment at 17 Ill. Reg. 17323, effective October 1, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 3450, effective February 28, 1994; emergency amendment at 18 Ill. Reg. 12853, effective August 2, 1994, for a maximum of 150 days; ILLINOIS REGISTER 585
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS amended at 18 Ill. Reg. 14117, effective September 1, 1994; amended at 18 Ill. Reg. 17648, effective November 29, 1994; amended at 19 Ill. Reg. 1067, effective January 20, 1995; emergency amendment at 19 Ill. Reg. 3510, effective March 1, 1995, for a maximum of 150 days; emergency expired July 29, 1995; emergency amendment at 19 Ill. Reg. 6709, effective May 12, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10060, effective June 29, 1995; emergency amendment at 19 Ill. Reg. 10752, effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 13009, effective September 5, 1995; amended at 19 Ill. Reg. 16630, effective November 28, 1995; amended at 20 Ill. Reg. 872, effective December 29, 1995; amended at 20 Ill. Reg. 7912, effective May 31, 1996; emergency amendment at 20 Ill. Reg. 9281, effective July 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 12510, effective September 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 15722, effective November 27, 1996; amended at 21 Ill. Reg. 607, effective January 2, 1997; amended at 21 Ill. Reg. 8386, effective June 23, 1997; emergency amendment at 21 Ill. Reg. 9552, effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9822, effective July 2, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 10147, effective August 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 13349, effective September 23, 1997; emergency amendment at 21 Ill. Reg. 13675, effective September 27, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 16161, effective November 26, 1997; amended at 22 Ill. Reg. 1408, effective December 29, 1997; amended at 22 Ill. Reg. 3083, effective January 26, 1998; amended at 22 Ill. Reg. 11514, effective June 22, 1998; emergency amendment at 22 Ill. Reg. 13070, effective July 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 15027, effective August 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16273, effective August 28, 1998; amended at 22 Ill. Reg. 21490, effective November 25, 1998; amended at 23 Ill. Reg. 5784, effective April 30, 1999; amended at 23 Ill. Reg. 7115, effective June 1, 1999; amended at 23 Ill. Reg. 7908, effective June 30, 1999; emergency amendment at 23 Ill. Reg. 8213, effective July 1, 1999, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 12772, effective October 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13621, effective November 1, 1999; amended at 24 Ill. Reg. 2400, effective February 1, 2000; amended at 24 Ill. Reg. 3845, effective February 25, 2000; emergency amendment at 24 Ill. Reg. 10386, effective July 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 11846, effective August 1, 2000; amended at 24 Ill. Reg. 16067, effective October 16, 2000; amended at 24 Ill. Reg. 17146, effective November 1, 2000; amended at 24 Ill. Reg. 18293, effective December 1, 2000; amended at 25 Ill. Reg. 5359, effective April 1, 2001; emergency amendment at 25 Ill. Reg. 5432, effective April 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 6959, effective June 1, 2001; emergency amendment at 25 Ill. Reg. 9974, effective July 23, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 10513, effective August 2, 2001; emergency amendment at 25 Ill. Reg. 12870, effective October 1, 2001, for a maximum of 150 days; emergency expired February 27, 2002; amended at 25 Ill. Reg. 16087, effective December 1, 2001; emergency amendment at 26 Ill. Reg. 536, effective December 31, 2001, for a maximum of 150 days; emergency amendment at ILLINOIS REGISTER 586
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
26 Ill. Reg. 680, effective January 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 4825, effective March 15, 2002; emergency amendment at 26 Ill. Reg. 4953, effective March 18, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 7340, effective April 30, 2002, for a maximum of 150 days; emergency repealed at 26 Ill. Reg. 7786, effective July 1, 2002; amended at 26 Ill. Reg. 8395, effective May 28, 2002; emergency amendment at 26 Ill. Reg. 11040, effective July 1, 2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 16612, effective October 22, 2002; amended at 26 Ill. Reg. 12322, effective July 26, 2002; amended at 26 Ill. Reg. 13661, effective September 3, 2002; amended at 26 Ill. Reg. 14808, effective September 26, 2002; emergency amendment at 26 Ill. Reg. 14887, effective October 1, 2002; amended at 26 Ill. Reg. 17775, effective November 27, 2002; emergency amendment at 27 Ill. Reg. 580, effective January 1, 2003, for a maximum of 150 days.
SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS
Section 148.126 Safety Net Adjustment Payments EMERGENCY
a) Qualifying criteria: Safety net adjustment payments shall be made to a qualifying hospital, as defined in this subsection (a). A hospital not otherwise excluded under subsection (b) of this Section shall qualify for payment if it meets one of the following criteria: 1) The hospital has, as provided in subsection (e)(6) of this Section, an MIUR equal to or greater than 40 percent. 2) The hospital has the highest number of obstetrical care days in the safety net hospital base year. 3) The hospital is, as of October 1, 2001, a sole community hospital, as defined by the United States Department of Health and Human Services (42 CFR 412.92). 4) The hospital is, as of October 1, 2001, a rural hospital, as described in Section 148.25(g)(3), that meets all of the following criteria: A) Has an MIUR greater than 33 percent. B) Is designated a perinatal level two center by the Illinois Department of Public Health. C) Has fewer than 125 licensed beds. 5) The hospital is a rural hospital, as described in Section 148.25(g)(3). 6) The hospital meets all of the following criteria: A) Has an MIUR greater than 30 percent. B) Had an occupancy rate greater than 80 percent in the safety net hospital base year. ILLINOIS REGISTER 587
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
C) Provided greater than 15,000 days in the safety net hospital base year. b) The following five classes of hospitals are ineligible for safety net adjustment payments associated with the qualifying criteria listed in subsections (a)(1) through (a)(4) of this Section: 1) Hospitals located outside of Illinois. 2) County-owned hospitals, as described in Section 148.25(b)(1)(A). 3) Hospitals organized under the University of Illinois Hospital Act, as described in Section 148.25(b)(1)(B). 4) Psychiatric hospitals, as described in 89 Ill. Adm. Code 149.50(c)(1). 5) Long term stay hospitals, as described in 89 Ill. Adm. Code 149.50(c)(4). c) Safety Net Adjustment Rates 1) For a hospital qualifying under subsection (a)(1) of this Section, the rate is the sum of the amounts for each of the following criteria for which it qualifies: A) A qualifying hospital—$15.00. B) A rehabilitation hospital, as described in 89 Ill. Adm. Code 149.50(c)(2)—$20.00. C) A children’s hospital, as described in 89 Ill. Adm. Code 149.50(c)(3)—$20.00. D) A children’s hospital that has an MIUR greater than or equal to 80 per centum that is: i) Located within HSA 6 or HSA 7—$80.00. ii) Located outside HSA 6 or HSA 7—$35.00. E) A children’s hospital that has an MIUR less than 80 per centum, but greater than or equal to 60 per centum, that is: i) Located within HSA 6 or HSA 7—$35.00. ii) Located outside HSA 6 or HSA 7—$15.00. F) A children’s hospital that has an MIUR less than 60 per centum, but greater than or equal to 45 per centum, that is: i) Located within HSA 6 or HSA 7—$12.00. ii) Located outside HSA 6 or HSA 7—$5.00. G) A children’s hospital with more than 25 graduate medical education programs, as listed in the “2000-2001 Graduate Medical Education Directory”—$125.00 $92.00. H) A children’s hospital that is a rural hospital—$145.00. I) A qualifying hospital, that is neither a rehabilitation hospital nor a children’s hospital, that is located in HSA 6 and that: i) Provides obstetrical care—$10.00. ILLINOIS REGISTER 588
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
ii) Has at least one graduate medical education program, as listed in the “2000-2001 Graduate Medical Education Directory”—$5.00. iii) Has at least one obstetrical graduate medical education program, as listed in the “2000-2001 Graduate Medical Education Directory”—$5.00. iv) Provided more than 5,000 obstetrical days during the safety net hospital base year—$35.00. v) Provided fewer than 4,000 obstetrical days during the safety net hospital base year and its average length of stay is: less than or equal to 4.50 days—$5.00; less than 4.00 days—$5.00; less than 3.75 days—$5.00. J) A qualifying hospital that is neither a rehabilitation hospital nor a children’s hospital, that is located outside HSA 6, that has an MIUR greater than 50 per centum, and that: i) Provides obstetrical care—$70.00. ii) Does not provide obstetrical care—$30.00. K) A qualifying hospital that provided greater than 35,000 days in the safety net hospital base year—$6.00. L) A qualifying hospital with two or more graduate medical education programs, as listed in the “2000-2001 Graduate Medical Education Directory”, with an average length of stay fewer than 4.00 days— $48.00. 2) For a hospital qualifying under subsection (a)(2) of this Section, the rate shall be $123.00. 3) For a hospital qualifying under subsection (a)(3) of this Section, the rate is the sum of the amounts for each of the following criteria for which it qualifies: A) A qualifying hospital—$40.00. B) A hospital that has an average length of stay of fewer than 4.00 days, and: i) More than 150 licensed beds—$20.00. ii) Fewer than 150 licensed beds—$40.00. C) A qualifying hospital with the lowest average length of stay— $15.00. D) A hospital that has a CMIUR greater than 65 per centum—$35.00. E) A hospital that has fewer than 25 total admissions in the safety net hospital base year—$160.00. 4) For a hospital qualifying under subsection (a)(4) of this Section, the rate shall be $55.00. ILLINOIS REGISTER 589
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
5) For a hospital qualifying under subsection (a)(5) of this Section, the rate is the sum of the amounts for each of the following for which it qualifies, divided by the hospital’s total days: A) The hospital that has the highest number of obstetrical care admissions—$30,840.00. B) The greater of: i) The product of $115.00 multiplied by the number of obstetrical care admissions. ii) The product of $11.50 multiplied by the number of general care admissions. 6) For a hospital qualifying under subsection (a)(6) of this Section, the rate is $30.00. d) Payment to a Qualifying Hospital 1) The total annual payments to a qualifying hospital shall be the product of the hospital’s rate multiplied by two multiplied by total days. 2) For the safety net adjustment period occurring in State fiscal year 2003, total payments will equal the methodologies described in subsection (c) of this Section. For the period January 1, 2003, through June 30, 2003, payment will equal the State fiscal year 2003 amount less the amount the hospital received under the safety net adjustment period for the quarters ending September 30, 2002, and December 31, 2002 The total annual adjustment amount shall be paid to the hospital during the safety net adjustment period in installments on, at least, a quarterly basis. 3) For safety net adjustment periods occurring after State fiscal year 2003, total payments will equal the methodologies described in subsection (c) of this Section and shall be paid to the hospital during the safety net adjustment period in installments on, at least, a quarterly basis. e) Definitions 1) “Average length of stay” means, for a given hospital, a fraction in which the numerator is the number of total days and the denominator is the number of total admissions. 2) “CMIUR” means, for a given hospital, the sum of the MIUR plus the Medicaid obstetrical inpatient utilization rate, determined as of October 1, 2001, as defined in Section 148.120(k)(6). 3) “General care admissions” means, for a given hospital, the number of hospital inpatient admissions for recipients of medical assistance under Title XIX of the Social Security Act, as tabulated from the Department’s claims data for admissions occurring in the safety net hospital base year that were adjudicated by the Department by June 30, 2001, excluding admissions for: obstetrical care, as defined in subsection (f)(7) of this ILLINOIS REGISTER 590
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
Section; normal newborns; psychiatric care; physical rehabilitation; and those covered in whole or in part by Medicare (Medicaid/Medicare crossover admissions). 4) “HSA” means Health Service Area, as defined by the Illinois Department of Public Health. 5) “Licensed beds” means, for a given hospital, the number of licensed beds, excluding long term care and substance abuse beds, as listed in the July 25, 2001, Illinois Department of Public Health report entitled “Percent Occupancy by Service in Year 2000 for Short Stay, Non-Federal Hospitals in Illinois.” 6) “MIUR”, for a given hospital, has the meaning as defined in Section 148.120(k)(5) and shall be determined in accordance with Section 148.120(c) and (f). For purposes of this Section, the MIUR determination that was used to determine a hospital’s eligibility for Disproportionate Share Hospital Adjustment payments in rate year 2002 shall be the same determination used to determine a hospital’s eligibility for safety net adjustment payments in the Safety Net Adjustment Period. 7) “Obstetrical care admissions” means, for a given hospital, the number of hospital inpatient admissions for recipients of medical assistance under Title XIX of the Social Security Act, as tabulated from the Department’s claims data, for admissions occurring in the safety net hospital base year that were adjudicated by the Department through June 30, 2001, and were assigned by the Department a diagnosis related grouping (DRG) code of 370 through 375. 8) “Obstetrical care days” means, for a given hospital, days of hospital inpatient service associated with the obstetrical care admissions described in subsection (f)(7) of this Section. 9) “Occupancy rate” means a fraction, the numerator of which is the hospital’s total days, excluding long term care and substance abuse days, and the denominator of which is the hospital’s total beds, excluding long term care and substance abuse beds, multiplied by 365 days. The data used for calculation of the hospital occupancy rate is as listed in the July 25, 2001, Illinois Department of Public Health report entitled “Percent Occupancy by Service in Year 2000 for Short Stay, Non-Federal Hospitals in Illinois.” 10)9) “Safety net hospital base year” means the 12-month period beginning on July 1, 1999, and ending on June 30, 2000. 11)10) “Safety net adjustment period” means, beginning July 1, 2002, the 12 month period beginning on July 1 of a year, and ending on June 30 of the following year. ILLINOIS REGISTER 591
DEPARTMENT OF PUBLIC AID
NOTICE OF EMERGENCY AMENDMENTS
12)11) “Total admissions” means, for a given hospital, the number of hospital inpatient admissions for recipients of medical assistance under Title XIX of the Social Security Act, excluding admissions for individuals eligible for Medicare under Title XVIII of that Act (Medicaid/Medicare crossover admissions), as tabulated from the Department’s claims data for admissions occurring in the safety net hospital base year that were adjudicated by the Department through June 30, 2001. 13)12) “Total days” means, for a given hospital, the sum of days of inpatient hospital service provided to recipients of medical assistance under Title XIX of the federal Social Security Act, excluding days for individuals eligible for Medicare under Title XVIII of that Act (Medicaid/Medicare crossover days), as tabulated from the Department’s claims data for admissions occurring in the safety net hospital base year that were adjudicated by the Department through June 30, 2001.
(Source: Emergency amendment at 27 Ill. Reg. 580, effective January 1, 2003, for a maximum of 150 days) ILLINOIS REGISTER 592
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
1) The Heading of the Part: Communicable Disease Code
2) Code Citation: 77 Ill. Adm. Code 690
3) Section Numbers: Emergency Action: 690.100 Amendment 690.655 Added
4) Statutory Authority: Implementing Communicable Disease Report Act [745 ILCS 45], and implementing and authorized by the Department of Public Health Act [20 ILCS 2305].
5) Effective Date of Emergency Rules: January 2, 2003
6) If this Emergency Rule is to Expire Before the End of the 150-Day Period, Please Specify the Date on Which it is to Expire: The emergency amendments will not expire before the end of the 150-day period.
7) Date filed with the Index Department: December 24, 2002
A copy of the emergency amendments, including any material incorporated by reference, is on file in the Department’s principal office and is available for public inspection.
8) Reason for Emergency: The President of the United States has announced a pre-event smallpox immunization initiative to increase the nation's capacity to respond to a smallpox bioterrorism event. The first phase of this initiative involves offering the smallpox vaccine to public health and healthcare staff who would be initially investigating and responding to a smallpox outbreak. The emergency amendments will provide for reporting and tracking of complications arising out of smallpox vaccinations.
9) A Complete Description of the Subjects and Issues Involved: The emergency amendments require the reporting of complications of vaccination for smallpox by telephone or electronically as soon as possible, within 24 hours of diagnosis. Complications of vaccination for smallpox include, but are not limited to, the following: autoinoculation, contact vaccinia, generalized vaccinia, other rashes (urticarial, papular, erythema multiforme), secondary pyogenic infections of the vaccination site, eczema vaccinatum, vaccinia necrosum, encephalitis, encephalomyelitis, and other unexplained illness occurring within 28 days of vaccination. ILLINOIS REGISTER 593
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
10) Are There Any Proposed Amendments Pending on this Part? No
11) Statement of Statewide Policy Objectives: Expenditures by units of local government may be necessary for compliance with these emergency rules.
12) Information and Questions Regarding these Emergency Amendments shall be directed to:
Peggy Snyder Illinois Department of Public Health 535 West Jefferson, Fifth Floor Springfield, Illinois 62761 217/782-2043
The full text of the Emergency Amendments begins on the next page:
ILLINOIS REGISTER 594
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 690 CONTROL OF COMMUNICABLE DISEASES CODE
SUBPART A: REPORTABLE DISEASES AND CONDITIONS
Section 690.100 Diseases and Conditions EMERGENCY 690.110 Diseases Repealed From This Part
SUBPART B: REPORTING
Section 690.200 Reporting
SUBPART C: DETAILED PROCEDURES FOR THE CONTROL OF COMMUNICABLE DISEASES
Section 690.290 Acquired Immunodeficiency Syndrome (AIDS) (Repealed) 690.295 Any Unusual Case or Cluster of Cases That May Indicate a Public Health Hazard (Reportable by Telephone as soon as possible, within 24 hours) 690.300 Amebiasis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.310 Animal Bites (Reportable by mail or telephone as soon as possible, within 7 days) (Repealed) 690.320 Anthrax (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease) 690.325 Blastomycosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.327 Botulism, Foodborne, Infant, Wound, Other (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease for foodborne or within 24 hours for other types) 690.330 Brucellosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) ILLINOIS REGISTER 595
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
690.335 Campylobacteriosis (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.340 Chancroid (Repealed) 690.350 Chickenpox (Varicella) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.360 Cholera (Reportable by telephone as soon as possible, within 24 hours) 690.365 Cryptosporidiosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.368 Cyclosporiasis (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.370 Diarrhea of the Newborn (Reportable by telephone as soon as possible, within 24 hours) 690.380 Diphtheria (Reportable by telephone as soon as possible, within 24 hours) 690.385 Ehrlichiosis, Human Granulocytic (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.386 Ehrlichiosis, Human Monocytic (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.390 Encephalitis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.400 Enteric Escherichia coli Infections (E. coli: 0157:H7 and Other Enterohemorrhagic E. coli, Enterotoxigenic E. coli, and Enteropathogenic E. coli) (Reportable by telephone as soon as possible, within 24 hours) 690.410 Foodborne or Waterborne Illness (Reportable by telephone as soon as possible, within 24 hours) 690.420 Giardiasis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.430 Gonorrhea (Repealed) 690.440 Granuloma Inguinale (Repealed) 690.441 Haemophilus influenzae, Meningitis and Other Invasive Disease (Reportable by telephone, within 24 hours) 690.442 Hantavirus Pulmonary Syndrome (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.444 Hemolytic Uremic Syndrome, Post-diarrheal (Reportable by telephone, within 24 hours) 690.450 Hepatitis A (Reportable by telephone as soon as possible, within 24 hours) 690.451 Hepatitis B (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.452 Hepatitis C Infection (Reportable by mail, telephone, facsimile or electronically, within 7 days) ILLINOIS REGISTER 596
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
690.453 Hepatitis, Viral, Other (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.460 Histoplasmosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.470 Intestinal Worms (Reportable by mail or telephone as soon as possible, within 7 days) (Repealed) 690.475 Legionnaires' Disease (Legionellosis) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.480 Leprosy (Hansen's Disease) (infectious and non-infectious cases are reportable) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.490 Leptospirosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.495 Listeriosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.500 Lymphogranuloma Venereum (Lymphogranuloma Inguinale Lymphopathia Venereum) (Repealed) 690.505 Lyme Disease (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.510 Malaria (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.520 Measles (Reportable by telephone as soon as possible, within 24 hours) 690.530 Meningitis, Aseptic (Including Arboviral Infections) Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.540 Meningococcemia (Reportable by telephone as soon as possible) (Repealed) 690.550 Mumps (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.555 Neisseria meningitidis, Meningitis and Invasive Disease (Reportable by telephone as soon as possible, within 24 hours) 690.560 Ophthalmia Neonatorum (Gonococcal) (Reportable by mail or telephone as soon as possible, within 7 days) (Repealed) 690.570 Plague (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease) 690.580 Poliomyelitis (Reportable by telephone as soon as possible, within 24 hours) 690.590 Psittacosis (Ornithosis) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.595 Q-fever (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease) ILLINOIS REGISTER 597
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
690.600 Rabies, Human (Reportable by telephone as soon as possible, within 24 hours) 690.601 Rabies, Potential Human Exposure (Reportable by telephone, within 24 hours) 690.610 Rocky Mountain Spotted Fever (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days)
690.620 Rubella (German Measles) (Including Congenital Rubella Syndrome) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.630 Salmonellosis (Other than Typhoid Fever) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.640 Shigellosis (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.650 Smallpox (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease) 690.655 Smallpox, complications of vaccination for (Reportable by telephone or electronically within 24 hours) EMERGENCY 690.660 Staphylococcus aureus Infections Occurring In Infants Under 28 Days of Age Within a Health Care Institution or With Onset After Discharge (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.661 Staphylococcus aureus Infections with Intermediate or High Level Resistance to Vancomycin (Reportable by telephone, within 24 hours) 690.670 Streptococcal Infections, Group A, Invasive Disease, (Including Toxic Shock Syndrome) and Sequelae to Group A Streptococcal Infections (rheumatic fever and acute glomerulonephritis) (Reportable by telephone, within 24 hours) 690.675 Streptococcal Infections, Group B, Invasive Disease, of the Newborn (birth to 3 months) (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.678 Streptococcus pneumoniae, Invasive Disease (Including Antibiotic Susceptibility Test Results) (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.680 Syphilis (Repealed) 690.690 Tetanus (Reportable by mail, telephone, facsimile or electronically, within 7 days) ILLINOIS REGISTER 598
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
690.695 Staphylococcus aureus Infection, Toxic Shock Syndrome (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.700 Trachoma (Repealed) 690.710 Trichinosis (Trichinellosis) (Reportable by mail, telephone, facsimile or electronically as soon as possible, within 7 days) 690.720 Tuberculosis (Repealed) 690.725 Tularemia (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease) 690.730 Typhoid Fever (Reportable by telephone as soon possible, within 24 hours) 690.740 Typhus (Reportable by telephone as soon as possible, within 24 hours) 690.750 Pertussis (Whooping Cough) (Reportable by telephone as soon as possible, within 24 hours) 690.752 Yersiniosis (Reportable by mail, telephone, facsimile or electronically, within 7 days) 690.800 Any Suspected Bioterrorist Threat or Event (Reportable by telephone immediately, within 3 hours upon initial clinical suspicion of the disease)
SUBPART D: DEFINITIONS
Section 690.900 Definition of Terms
SUBPART E: GENERAL PROCEDURES
Section 690.1000 General Procedures for the Control of Communicable Diseases 690.1010 Incorporated Materials
SUBPART F: SEXUALLY TRANSMITTED DISEASES (Repealed)
Section 690.1100 The Control of Sexually Transmitted Diseases (Repealed)
SUBPART G: PROCEDURES FOR WHEN DEATH OCCURS FROM COMMUNICABLE DISEASES
Section 690.1200 Death of a Person Who Had a Known or Suspected Communicable Disease ILLINOIS REGISTER 599
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
690.1210 Funerals (Repealed)
EXHIBIT A Typhoid Fever Agreement (Repealed)
AUTHORITY: Implementing Communicable Disease Report Act [745 ILCS 45], and implementing and authorized by the Department of Public Health Act [20 ILCS 2305].
SOURCE: Amended July 1, 1977; emergency amendment at 3 Ill. Reg. 14, p. 7, effective March 21, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 52, p. 131, effective December 7, 1979; emergency amendment at 4 Ill. Reg. 21, p. 97, effective May 14, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 38, p. 183, effective September 9, 1980; amended at 7 Ill. Reg. 16183, effective November 23, 1983; codified at 8 Ill. Reg. 14273; amended at 8 Ill. Reg. 24135, effective November 29, 1984; emergency amendment at 9 Ill. Reg. 6331, effective April 18, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 9124, effective June 3, 1985; amended at 9 Ill. Reg. 11643, effective July 19, 1985; amended at 10 Ill. Reg. 10730, effective June 3, 1986; amended at 11 Ill. Reg. 7677, effective July 1, 1987; amended at 12 Ill. Reg. 10045, effective May 27, 1988; amended at 15 Ill. Reg. 11679, effective August 15, 1991; amended at 18 Ill. Reg. 10158, effective July 15, 1994; amended at 23 Ill. Reg. 10849, effective August 20, 1999; amended at 25 Ill. Reg. 3937, effective April 1, 2001; amended at 26 Ill. Reg. 10701, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 592, effective January 2, 2003, for a maximum of 150 days.
SUBPART A: REPORTABLE DISEASES AND CONDITIONS
Section 690.100 Diseases and Conditions EMERGENCY
The following are declared to be contagious, infectious, communicable and dangerous to the public health and each suspected or diagnosed case shall be reported to the local health authority which shall subsequently report each case to the Illinois Department of Public Health. This listing includes those diseases and conditions reportable because of classification as communicable or sexually transmitted. Communicable diseases and conditions are reportable under this Part (77 Ill. Adm. Code 690) and sexually transmissible diseases and conditions are reportable under the Control of Sexually Transmissible Diseases Code (77 Ill. Adm. Code 693). (See Subpart B, Section 690.200)
a) Class I (a)
The following diseases shall be reported immediately (within 3 hours) upon initial clinical suspicion of the disease to the local health authorities, who shall then ILLINOIS REGISTER 600
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
report to the Department immediately (within 3 hours). This interval applies to primary reporters identified in Section 690.200 (a)(1) who are required to report to local health authorities and to local health authorities who are required to report to the Department. The Section number associated with each of the listed diseases indicates the Part under which the diseases are reportable.
1) Anthrax 690.320 2) Botulism, foodborne 690.327 3) Plague 690.570 4) Q-fever 690.595 5) Smallpox 690.650 6) Tularemia 690.725 7) Any suspected bioterrorist threat or event 690.800 b) Class I (b)
The following diseases shall be reported as soon as possible during normal business hours, but within 24 hours (i.e., within 8 regularly scheduled business hours after identifying the case), to the local health authorities, who shall then report to the Department as soon as possible, but within 24 hours. This interval applies to primary reporters identified in Section 690.200(a)(l) who are required to report to local health authorities and to local health authorities who are required to report to the Department. The Section number associated with each of the listed diseases indicates the Part under which the diseases are reportable.
1) Any unusual case or cluster of cases that may indicate a public health hazard 690.295 2) Botulism, infant, wound, and other 690.327 3) Cholera 690.360 4) Diarrhea of the newborn 690.370 5) Diphtheria 690.380 6) Enteric Escherichia coli infections (E. coli: 0157:H7 and other enterohemorrhagic E. coli, enterotoxigenic E. coli, enteropathogenic E. coli) 690.400 7) Foodborne or waterborne illness 690.410 8) Haemophilus influenzae, meningitis and other invasive disease 690.441 9) Hemolytic uremic syndrome, post-diarrheal 690.444 10) Hepatitis A 690.450 ILLINOIS REGISTER 601
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
11) Measles 690.520 12) Neisseria meningitidis, meningitis and invasive disease 690.555 13) Pertussis (whooping cough) 690.750 14) Poliomyelitis 690.580 15) Rabies, human 690.600 16) Rabies, potential human exposure 690.601 17) Smallpox, complications of vaccination for 690.655 18 17) Staphylococcus aureus infections with intermediate or high level resistance to vancomycin * 690.661 19 18) Streptococcal infections, Group A, invasive,(including toxic shock syndrome) and sequelae to Group A streptococcal infections (rheumatic fever and acute glomerulonephritis) 690.670 20 19) Typhoid fever* 690.730 21 20) Typhus 690.740
c) Class II
The following diseases shall be reported as soon as possible during normal business hours, but within 7 days, to the local health authority which shall then report to the Department within 7 days. The Section number associated with each of the listed diseases indicates the Part under which the diseases are reportable.
1) Acquired immunodeficiency syndrome (AIDS) 693.20 2) Amebiasis* 690.300 3) Blastomycosis 690.325 4) Brucellosis 690.330 5) Campylobacteriosis* 690.335 6) Chanchroid 693.20 7) Chickenpox 690.350 8) Chlamydia 693.20 9) Cryptosporidiosis 690.365 10) Cyclosporiasis 690.368 11) Ehrlichiosis, human granulocytic 690.385 12) Ehrlichiosis, human monocytic 690.386 13) Encephalitis 690.390 ILLINOIS REGISTER 602
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
14) Giardiasis* 690.420 15) Gonorrhea 693.20 16) Hantavirus pulmonary syndrome 690.442 17) Hepatitis B* 690.451 18) Hepatitis C* 690.452 19) Hepatitis, viral, other* 690.453 20) Histoplasmosis 690.460 21) Human immunodeficiency virus (HIV) infection 693.20 22) Legionnaires' disease (legionellosis) 690.475 23) Leprosy 690.480 24) Leptospirosis 690.490 25) Listeriosis 690.495 26) Lyme disease 690.505 27) Malaria 690.510 28) Meningitis, aseptic (including arboviral infections) 690.530 29) Mumps 690.550 30) Ophthalmia neonatorum (gonococcal) 693.20 31) Psittacosis 690.590 32) Rocky Mountain spotted fever 690.610 33) Rubella, including congenital rubella syndrome 690.620 34) Salmonellosis* (other than typhoid fever) 690.630 35) Shigellosis* 690.640 36) Staphylococcus aureus infection, toxic shock syndrome 690.695 37) Staphylococcus aureus infections occurring in infants under 28 days of age (within a health care institution or with onset after discharge) 690.660 38) Streptococcal infections, group B, invasive disease, of the newborn 690.675 39) Streptococcus pneumoniae, invasive disease* (including antibiotic susceptibility test results) 690.678 40) Syphilis 693.20 41) Tetanus 690.690 42) Trichinosis 690.710 43) Tuberculosis 696.170 44) Yersiniosis 690.752
ILLINOIS REGISTER 603
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENTS
*Cases and carriers (when carriers are required to be reported) of these diseases should be confirmed by appropriate laboratory tests before reporting.
d) When an epidemic of a disease dangerous to the public health occurs, and present rules are not adequate for its control or prevention, more stringent requirements shall be issued by this Department.
(Source: Amended by emergency rulemaking at 27 Ill. Reg. 592, effective January 2, 2003)
SUBPART C: DETAILED PROCEDURES FOR THE CONTROL OF COMMUNICABLE DISEASES
Section 690.655 Smallpox, complications of vaccination for (Reportable by telephone or electronically as soon as possible, within 24 hours) EMERGENCY
a) Complications of vaccination for smallpox include, but are not limited to, the following: autoinoculation, contact vaccinia, generalized vaccinia, other rashes (urticarial, papular, erythema multiforme), secondary pyogenic infections of the vaccination site, eczema vaccinatum, vaccinia necrosum, encephalitis, encephalomyelitis, and other unexplained illnesses occurring within 28 days of vaccination.
b) Incubation Period - most complications occur within 14 days of vaccination, but a complication may occur up to 28 days after vaccination.
c) Control of case and contacts. Isolation and infection control precautions for individuals with vaccinia complications vary depending upon the type of complication.
d) Laboratory reporting. As laboratory tests become available to identify vaccinia virus as the cause of complication, laboratories shall be required to report positive test results and accompanying demographic information.
e) Reporting of cases. Complications of smallpox vaccination shall be reported to the local health department within 24 hours of diagnosis.
(Source: Added by emergency rulemaking at 27 Ill. Reg. 592, effective January 2, 2003)
ILLINOIS REGISTER 604
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
1) Heading of the Part: Regulations under the Illinois Securities Law of 1953
2) Code Citation: 14 ILL Adm Code 130
3) The Notice of Proposed Rule(s) being corrected appeared at 26 Ill. Reg. 17954, dated December 20, 2002.
4) Sections being Corrected: 130.492 Exemption from Registration for Certain Canadian Broker Dealers and agents and for Transactions Effected by Certain Canadian Broker Dealers.
5) The Information being corrected is as follows:
Section 130.492 c) needs to be corrected to read as follows: c) An offer or sale of a security is exempt from the securities registration requirements of Section 5, 6, and 7 of the Act if the offer or sale is effected by a Canadian broker-dealer acting in accordance with the provisions of subsection (a) of this Section. ILLINOIS REGISTER 605
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 130
REGULATIONS UNDER ILLINOIS SECURITIES LAW OF 1953
SUBPART A: RULES OF GENERAL APPLICATION
Section 130.100 Business Hours of the Securities Department 130.101 Computation of Time 130.110 Payment of Fees 130.120 Place of Filing 130.130 Date of Filing 130.135 Registration of Securities under Section 5 or 7 of the Act Utilizing the SRD 130.140 Requirements as to Proper Form 130.141 Additional Information 130.142 Additional Exhibits (Repealed) 130.143 Information Unknown or Not Reasonably Available 130.144 Requirements as to Paper, Printing, and Language 130.145 Number of Copies--Signatures 130.190 Provisions for Granting of Variance from Rules
SUBPART B: DEFINITIONS
Section 133.200 Definitions of Terms Used in the Act and the Rules 130.201 Definition of the Term "Investment Contract", as Used in Section 2.1 of the Act 130.202 Definition of the Term "Fractional Undivided Interest", as Used in Section 2.1 of the Act with Reference to Oil and/or Gas Leases, Rights or Royalties 130.205 Definition of the Term "Issuer" as Used in Section 2.2 of the Act as Applied to Fractional Interests in Oil, Gas and Other Mineral Leases, Rights or Royalties 130.210 Definition of Acts Not Constituting a "Sale" or "Offer" as Used in Section 2.5 or 2.5a of the Act 130.211 Definition of Acts Not Constituting an "Offer" of Securities under Section 5, 6, 7 or 8 of the Act 130.212 Definition of Acts Not Constituting an "Offer" Under Section 2.5a of the Act (Testing the Waters) ILLINOIS REGISTER 606
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
130.215 Definition of "Commission From an Underwriter or Dealer Not in Excess of the Usual and Customary Distributors' or Sellers' Commissions", as Used in Section 2.6 of the Act for Certain Transactions 130.216 Definition of "Participates" and "Participation", as Used in Section 2.6 of the Act in Relation to Certain Transactions 130.220 Definition of "Regularly Engaged in Securities Sales Activities", as Used in Section 2.9 of the Act 130.221 Exclusion of Certain Persons from the Definition of Investment Adviser in Section 2.11 of the Act 130.225 Definition of "Investment Fund Shares", as Used in Section 2.15 of the Act in Relation to Certain Issuers 130.233 Definition of the Phrase "Promissory Note or Draft, Bill of Exchange or Bankers' Acceptance" as Used in Section 3(L) of the Act 130.234 Definition, For Certain Purposes, of the Terms "Employee Security-Purchase Plan", "Employee Profit-Sharing Trust or Plan", "Employee Pension Trust or Plan", as Used in Section 3.N and Section 3.O of the Act (Repealed) 130.235 Definition, For Certain Purposes, of the Terms "Employee Profit-Sharing Trust or Plan", "Employee Pension Trust or Plan", as Used in Section 3.O of the Act (Repealed) 130.241 Definition of the Term "Institutional Investor" under Sections 4C and 4D of the Act 130.242 Definition of the Term "Financial Institution" under Section 4.C of the Act 130.244 Definition of "Issuer Required to File Reports Pursuant to the Provisions of Section 13 or Section 15(d) of the Federal 1934 Act" with Respect to Certain Foreign Private Issuers and "Reports Required to be Filed at Regular Intervals Pursuant to the Provisions of Section 13 or Section 15(d)" as Used in Section 4.F(1) of the Act 130.245 Definition of the Terms "Balance Sheet" and "Income Statement", as Used in Section 4.F of the Act 130.246 Definition of the Terms "Residents of this State", "Aggregate Sales Price" and "Sales Made in Reliance Upon the Exemption" Under Section 4.G of the Act and "General Advertising or General Solicitation" Under Sections 4.G, 4.H, 4.M and 4.R of the Act 130.247 Definition of the Term "Public" as Used in Section 4(G)(4) of the Act 130.248 Definition of the Terms "Offers for Sale" and "Solicitations of Offers to Buy", as Used in Section 4.L of the Act 130.250 Definition, For Certain Purposes, of the Terms "Commissions, Remuneration or Discounts", as Used in Section 4 and Section 5 of the Act 130.251 Definition of the Term "Maximum Aggregate Price", as Used in Section 5 of the Act 130.270 Definition of Certain Persons Not Considered to Be Dealers Under Section 2.7 of the Act ILLINOIS REGISTER 607
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
130.280 Definition of the Term "Branch Office" of a Registered Dealer, as Used in Section 8 of the Act 130.281 Definition of the Term "Branch Office" of a Registered Investment Adviser or a Federal Covered Investment Adviser, as Used in Section 8 of the Act 130.282 Definition, For Certain Purposes, of the Term "Officers", as Used in Section 2.9 and Section 8.B.(6) of the Act 130.285 Definition, For Certain Purposes, of the Terms "Inequitable", "Tend to Work a Fraud or Deceit", "Inequitable Practice in the Sale of Securities", and "Fraudulent Business Practices", as Used in Section 8 and Section 11 of the Act 130.291 Definition of the Terms "Fraudulent" and "Work or Tend to Work a Fraud or Deceit" as Used in Sections 11.E and 12.F of the Act for Purposes of the Payment of Completion Costs in Connection with the Offer or Sale of Securities involving an Oil, Gas or Other Mineral Lease, Right or Royalty
SUBPART C: FEDERAL COVERED SECURITIES AND TRANSACTIONS
Section 130.293 Issuers of Covered Securities Required to File Notifications and Pay Fees and the Refusal to File Notifications or Pay Fees 130.370 Automated Quotation System Deemed to Have Substantially Equivalent Standards for Designation as Required By One or More Exchanges Set Forth in Section 3(G) of the Act (Repealed)
SUBPART D: EXEMPT TRANSACTIONS
Section 130.420 Uniform Limited Offering Exemption Pursuant to Section 4.D of the Act 130.436 Procedures for Applying for Trading Authorization Pursuant to Section 4(F)(2) of the Act 130.440 Procedures for Filing Reports of Sale under Section 4.G of the Act 130.441 Calculation of Number of Persons Under Section 4.G or 4.M of the Act 130.442 Report of Sale of Securities pursuant to Section 4.G of the Act 130.490 Procedures for Filing Reports of Sale under Section 4.P of the Act 130.491 Report of Sale of Securities Pursuant to Section 4(P) of the Act 130.492 Exemption from Registration for Certain Canadian Broker Dealers and Agents and for Transactions Effected by Certain Canadian Broker Dealers.
SUBPART E: REGISTRATION OF SECURITIES
Section 130.501 Title of Securities 130.502 Financial Statement Requirements 130.503 Disclaimer of Control ILLINOIS REGISTER 608
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
130.505 Formal Requirements as to Consents 130.506 Consents Required in Special Cases 130.507 Application to Dispense with Consent 130.508 Consent to Use of Material Incorporated by Reference 130.510 Procedures for Registration of Securities by Coordination under Section 5.A of the Act 130.520 Procedures for Registration of Securities by Qualification under Section 5.B of the Act 130.525 Procedures for Registration of Securities by Qualification under Section 5.B(7) of the Act, Small Company Offering Registration ("SCOR") on Form U-7 130.530 Renewal of Registration of Securities Under Section 5.E of the Act 130.531 Computation of Fees 130.532 Registration of Additional Securities Pursuant to Section 5(C)(2) of the Act 130.533 Formal Requirements for Amendments Under Section 5 of the Act 130.534 Powers to Amend or Withdraw Registration Statement 130.535 Signatures of Amendments 130.536 Delaying Amendments 130.538 Withdrawal of Registration Statement, Amendment or Exhibit Filed Under the Federal 1933 Act 130.540 Procedure with Respect to Abandoning Registration Statements, Applications for Trading Authorizations and Post-Effective Amendments 130.550 Additional Fees Under Section 5 of the Act 130.570 Legibility of Prospectuses 130.571 Presentation of Information in Prospectuses 130.572 Summaries or Outlines of Documents 130.573 Preparation of Application for Registration 130.574 Incorporation of Certain Information by Reference 130.575 Form of and Limitation Upon Incorporation by Reference 130.576 Statement Required in Prospectuses 130.577 Prospectuses Supplementing Preliminary Material Supplied Previously 130.578 Application of Amendments to this Part Governing Contents of Prospectuses 130.581 Statement as to Stabilizing Required in Prospectuses Filed Under Section 5.B of the Act 130.582 Contents of Prospectus When Two or More Registrations Are in Effect Under Section 5.B of the Act 130.590 Identifying Statements 130.591 Requirements as to Appraisals 130.592 Omission of Substantially Identical Documents 130.593 Incorporation of Exhibits by Reference
SUBPART F: FACE AMOUNT CERTIFICATE CONTRACTS
ILLINOIS REGISTER 609
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
Section 130.600 Preamble 130.610 Procedures for Registration of Face Amount Certificate Contracts by Coordination under Section 6.A of the Act 130.630 Renewal of Registration of Face Amount Certificate Contracts Under Section 6.F of the Act 130.650 Additional Fees Under Section 6 of the Act
SUBPART G: INVESTMENT FUND SHARES
Section 130.700 Preamble 130.701 Title of Investment Fund Shares Registered Under Section 5 or 7 of the Act 130.710 Procedures for Registration of Investment Fund Shares by Coordination under Section 7.A of the Act 130.715 Amendatory Statement for the Registration of Additional Class or Classes or the Reporting of a Change in Organization or Operations Pursuant to Section 7(D) of the Act 130.730 Renewal of Registration of Investment Fund Shares Under Section 7(G) of the Act 130.750 Additional Fees Under Section 7 of the Act 130.771 Acts Which "Work or Tend to Work a Fraud or Deceit", in Connection with Offers, Sales or Dispositions of Investment Fund Shares
SUBPART H: REGISTRATION OF DEALERS, SALESPERSONS AND INVESTMENT ADVISERS
Section 130.805 Exemptions From Registration as an Investment Adviser Under Section 8.A of the Act 130.806 Acts Not Requiring a Notification Filing of a Federal Covered Investment Adviser or Registration as an Investment Adviser or Investment Adviser Representative Under Section 8 of the Act 130.810 Procedures for Registration as a Dealer Under Section 8.B of the Act 130.811 Procedures for Perfecting an Investment Adviser Exemption under Section 2.11(6) of the Act (Repealed) 130.820 Procedure for Renewal and Withdrawal from Registration as a Dealer 130.821 Reporting of Dealer Branch Office Location(s) and Required Fees 130.822 Examinations Deemed Satisfactory for Purposes of Determining Sufficient Knowledge of Each Principal Under Section 8.B(9)(a) of the Act Prior to Registration as a Dealer ILLINOIS REGISTER 610
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
130.823 Procedure for Requesting Waiver of Dealer, Salesperson, Investment Adviser, Investment Adviser Representative, or Principal Examination Requirements 130.824 Financial Statements to be Filed by a Registered Dealer 130.825 Records Required of Dealers and Customer Fees 130.826 Registered Dealer Net Capital Requirements 130.827 Confirmations 130.828 Notice of Materially Adverse Financial Condition Required to Be Filed With the Securities Department By a Registered Dealer 130.829 Investor Protection Requirement of a Dealer Registered Under Section 8 of the Act 130.832 Examinations Deemed Satisfactory for Purposes of Determining Sufficient Knowledge Under Section 8.C(7) of the Act for Registration as a Salesperson 130.836 Hardship Exemption 130.837 Transition to Electronic Filing 130.838 Procedures for Federal Covered Investment Adviser Notification Filing and Fees Under Section 8.C-5 of the Act 130.839 Procedures for Registration as an Investment Adviser Representative Under Section 8.D-5 of the Act 130.840 Procedures for Registration as an Investment Adviser Under Section 8.D of the Act 130.841 Reporting of Investment Adviser Branch Office Location(s) and Required Fees 130.842 Examinations and Education Programs Deemed Satisfactory for Purposes of Determining Sufficient Knowledge for Each Principal Under Section 8.D(9) of the Act Prior to Registration as an Investment Adviser 130.843 Examination and Education Program Requirements for Registration the Act 130.844 Statement of Financial Condition to Be Filed By a Registered Investment Adviser Which Retains Custody of Client's Cash or Securities or Accepts Pre-Payment of Fees in Excess of $500.00 Per Client and Six (6) or More Months in Advance and Interim Financial Statements 130.845 Records Required of Investment Advisers 130.846 Written Disclosure Statements of a Registered Investment Adviser 130.847 Financial and Disciplinary Information That Investment Advisers Must Disclose to Clients 130.850 Account Transactions 130.851 Commission, Profit or Other Compensation 130.852 Compensation 130.853 Account Transactions 130.854 Use of the Term "Investment Counsel" 130.860 Additional Fees Under Section 8 of the Act 130.872 Procedure with Respect to Abandoned Dealer Applications 130.873 Procedure with Respect to Abandoned Investment Adviser Applications
ILLINOIS REGISTER 611
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
SUBPART J: SERVICE OF PROCESS
Section 130.1001 Service of Process upon the Secretary of State
SUBPART K: PROCEDURES FOR ADMINISTRATIVE HEARINGS
Section 130.1100 Preamble 130.1101 Qualifications and Duties of the Hearing Officer 130.1102 Notice of Hearing 130.1103 Institution of a Contested Case by the Securities Department 130.1104 Requirement to File an Answer 130.1105 Amendment or Withdrawal of the Notice of Hearing 130.1106 Representation 130.1107 Special Appearance 130.1108 Substitution of Parties 130.1109 Failure to Appear 130.1110 Motions 130.1111 Requirements Relating to Continuances 130.1112 Rules of Evidence 130.1113 Form of Papers 130.1114 Bill of Particulars (Repealed) 130.1115 Discovery 130.1116 Examination of Witnesses 130.1117 Subpoenas 130.1118 Pre-Hearing Conferences 130.1119 Record of a Pre-Hearing Conference 130.1120 Hearings 130.1121 Record of Proceedings 130.1122 Record of Hearing 130.1123 Orders 130.1124 Burden of Proof 130.1125 Stipulations 130.1126 Open Hearings 130.1127 Corrections to the Transcript 130.1128 Imposition of Fines 130.1129 Application for Hearing to Present Newly Discovered Evidence 130.1130 Failure to Comply With Order or Rules 130.1131 Application to Vacate an Order Issued Due to Default 130.1132 Disqualification of a Hearing Officer
ILLINOIS REGISTER 612
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
SUBPART O: EVIDENTIARY MATTERS AND NON-BINDING STATEMENTS
Section 130.1520 Request for Non-Binding Statements
SUBPART P: SAVINGS PROVISIONS
Section 130.1661 Investors Syndicate of America, Inc. 130.1662 State Bond and Mortgage Company
SUBPART Q: PUBLIC INFORMATION
Section 130.1701 Inspection of Applications 130.1702 Inspection of Dealer, Salesperson and Investment Adviser Records 130.1703 Non-Public Distribution of Information
AUTHORITY: Implementing and authorized by the Illinois Securities Law of 1953 [815 ILCS 5].
SOURCE: Filed February 23, 1977, effective March 5, 1977; amended at 5 Ill. Reg. 9139, effective August 27, 1981; amended at 6 Ill. Reg. 6455, effective May 19, 1982; codified at 6 Ill. Reg. 12674; emergency amendment at 7 Ill. Reg. 17427, effective December 31, 1983, for a maximum of 150 days; emergency expired May 31, 1984; emergency amendment at 8 Ill. Reg. 1476, effective January 18, 1984, for a maximum of 150 days; emergency expired June 17, 1984; emergency repealer at 8 Ill. Reg. 3803, effective March 14, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 13419, effective July 12, 1984; amended at 8 Ill. Reg. 13840, effective July 19, 1984; emergency amendment at 8 Ill. Reg. 13889, effective July 20, 1984, for a maximum of 150 days; emergency expired December 17, 1984; amended at 9 Ill. Reg. 208, effective December 20, 1984; emergency amendment at 10 Ill. Reg. 393, effective January 1, 1986, for a maximum of 150 days; amended at 10 Ill. Reg. 10753, effective June 3, 1986; recodified at 10 Ill. Reg. 19554; emergency amendment at 13 Ill. Reg. 11017, effective July 1, 1989, for a maximum of 150 days; emergency expired November 28, 1989; amended at 14 Ill. Reg. 884, effective December 30, 1989; amended at 14 Ill. Reg. 5188, effective March 26, 1990; emergency amendment at 15 Ill. Reg. 14303, effective November 1, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 6000, effective March 27, 1992; amended at 20 Ill. Reg. 14185, effective October 21, 1996; amended at 21 Ill. Reg. 7523, effective May 23, 1997; amended at 21 Ill. Reg. 7770, effective May 23, 1997; amended at 21 Ill. Reg. 8415, effective June 20, 1997; emergency amendment at 21 Ill. Reg. 9828, effective July 8, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 15892, effective December 1, 1997; amended at 22 Ill. Reg. 1933, effective January 1, 1998; emergency amendment at 24 Ill. Reg. 341, effective December 31, ILLINOIS REGISTER 613
NOTICE OF CORRECTIONS TO PROPOSED AMMENDMENTS
1999, for a maximum of 150 days; amended at 24 Ill. Reg. 7401, effective May 1, 2000; emergency amendment at 25 Ill. Reg. 973, effective January 1, 2001, for a maximum of 150 days; emergency expired May 30, 2001; amended at 25 Ill. Reg. 8817, effective July 6, 2001; amended at 26 Ill. Reg. 14843 effective October 11, 2002; amended at 26 Ill. Reg. 17954, effective December 30, 2002.
NOTE: CAPITALIZATION denotes statutory language.
SUBPART D: EXEMPT TRANSACTIONS
Section 130.492 Exemption from Registration for Certain Canadian Broker Dealers and Agents and for Transactions Effected by Certain Canadian Broker Dealers.
a) A broker-dealer who is a resident of Canada and who has no office or other physical presence in this State is exempted from the broker-dealer registration requirements in Section 8 of the Act, provided the broker-dealer: 1) is registered with or is a member of a self-regulatory organization in Canada, stock exchange in Canada or the Bureau des services financiers; 2) maintains in good standing its provincial or territorial registration and its registration with or membership in a self regulatory organization in Canada, stock exchange in Canada or the Bureau des services financiers; and 3) effects or attempts to effect transactions in securities only: (A) with or for a person from Canada who is temporarily present in this State with whom the Canadian person had a bona fide business-client relationship before the person entered this state; (B) with or for a person present in this State whose transactions are in a Canadian self-directed tax advantaged retirement account of which the person is the holder or contributor. b) Salesperson registration under Section 8 of the Act is not required if the salesperson: 1) represents a Canadian broker-dealer acting in accordance with the provisions of subsection (a) of this Section; and 2) is registered and maintains in good standing the agent’s provincial or territorial registration. c) An offer or sale of a security is exempt from the securities registration requirements of Section 5 and 7 of the Act if the offer or sale is effected by a Canadian broker-dealer acting in accordance with the provisions of subsection (a) of this Section. ILLINOIS REGISTER 614
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
JOINT COMMITTEE ON ADMINISTRATIVE RULES
SCHEDULED MEETING:
JAMES R. THOMPSON CENTER ROOM 16-503 CHICAGO, ILLINOIS 10:30 A.M. DECEMBER 17, 2002
NOTICES: The scheduled date and time for the JCAR meeting are subject to change. Due to Register submittal deadlines, the Agenda below may be incomplete. Other items not contained in this published Agenda are likely to be considered by the Committee at the meeting and items from the list can be postponed to future meetings.
If members of the public wish to express their views with respect to a rulemaking, they should submit written comments to the Office of the Joint Committee on Administrative Rules at the following address:
Joint Committee on Administrative Rules 700 Stratton Office Building Springfield, Illinois 62706 Email: [email protected] Phone: 217/785-2254
RULEMAKINGS CURRENTLY BEFORE JCAR
PROPOSED RULEMAKINGS
Banks and Real Estate
1. Calculation, Assessment and Collection of Periodic Fees (38 Ill. Adm. Code 375) -First Notice Published: 26 Ill. Reg. 13732 – 9/20/02 -Expiration of Second Notice: 1/4/03
Central Management Services
2. Pay Plan (80 Ill. Adm. Code 310) -First Notice Published: 26 Ill. Reg. 13739 – 9/20/02 -Expiration of Second Notice: 12/22/02
3. Pay Plan (80 Ill. Adm. Code 310) ILLINOIS REGISTER 615
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
-First Notice Published: 26 Ill. Reg. 13901 – 9/27/02 -Expiration of Second Notice: 1/3/03
Children and Family Services
4. Reports of Child Abuse and Neglect (89 Ill. Adm. Code 300) -First Notice Published: 26 Ill. Reg. 4516 – 3/29/02 -Expiration of Second Notice: 1/3/03
5. Foster Parent Code (89 Ill. Adm. Code 340) -First Notice Published: 26 Ill. Reg. 13140 – 9/6/02 -Expiration of Second Notice: 1/3/03
6. Confidentiality of Personal Information of Persons Served by the Department of Children and Family Services (89 Ill. Adm. Code 431) -First Notice Published: 26 Ill. Reg. 4527 – 3/29/02 -Expiration of Second Notice: 1/3/03
Natural Resources
7. Nuisance Wildlife Control Permits (17 Ill. Adm. Code 525) -First Notice Published: 26 Ill. Reg. 13750 – 9/20/02 -Expiration of Second Notice: 12/22/02
8. Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, Beaver and Woodchuck (Groundhog) Trapping (17 Ill. Adm. Code 570) -First Notice Published: 26 Ill. Reg. 14750 – 10/11/02 -Expiration of Second Notice: 1/10/03
9. Wildlife Conservation Measures and Practices (17 Ill. Adm. Code 635) -First Notice Published: 26 Ill. Reg. 13913 – 9/27/02 -Expiration of Second Notice: 1/8/03
10. Conservation 2000 – Natural Resources Cost-Share Program (Repeal) (17 Ill. Adm. Code 1522) -First Notice Published: 26 Ill. Reg. 8640 – 6/21/02 -Expiration of Second Notice: 1/8/03
11. Conservation 2000 – Ecosystems Program (17 Ill. Adm. Code 1523) -First Notice Published: 26 Ill. Reg. 8675 – 6/21/02 -Expiration of Second Notice: 1/8/03
ILLINOIS REGISTER 616
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
12. Land and Water Conservation Fund (LWCF) Grant Program (17 Ill. Adm. Code 3030) -First Notice Published: 26 Ill. Reg. 13764 – 9/20/02 -Expiration of Second Notice: 12/20/02
Pollution Control Board
13. Permits and General Provisions (35 Ill. Adm. Code 201) -First Notice Published: 26 Ill. Reg. 12537 – 8/16/02 -Expiration of Second Notice: 1/3/03
Public Aid
14. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 26 Ill. Reg. 8243 – 6/7/02 -Expiration of Second Notice: 1/3/03
15. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 26 Ill. Reg. 10243 – 7/12/02 -Expiration of Second Notice: 1/3/03
16. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 26 Ill. Reg. 12545 – 8/16/02 -Expiration of Second Notice: 1/4/03
Public Health
17. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Cod 300) -First Notice Published: 26 Ill. Reg. 10269 – 7/12/02 -Expiration of Second Notice: 1/15/03
18. Sheltered Care Facilities Code (77 Ill. Adm. Code 330) -First Notice Published: 26 Ill. Reg. 10289 – 7/12/02 -Expiration of Second Notice Period: 1/15/03
19. Illinois Veterans' Homes Code (77 Ill. Adm. Code 340) -First Notice Published: 26 Ill. Reg. 10303 – 7/12/02 -Expiration of Second Notice: 1/15/03
20. Intermediate Care for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350) -First Notice Published: 26 Ill. Reg. 10320 – 7/12/02 -Expiration of Second Notice: 1/15/03 ILLINOIS REGISTER 617
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
21. Long-Term Care for Under Age 22 Facilities Code (77 Ill. Adm. Code 390) -First Notice Published: 26 Ill. Reg. 10339 – 7/12/02 -Expiration of Second Notice: 1/15/03
Secretary of State
22. Illinois State Library, Acquisitions Division, Illinois Documents (23 Ill. Adm. Code 3020) -First Notice Published: 26 Ill. Reg. 14609 – 10/4/02 -Expiration of Second Notice: 1/2/03
23. Issuance of Licenses (92 Ill. Adm. Code 1030) -First Notice Published: 26 Ill. Reg. 13919 – 9/27/02 -Expiration of Second Notice: 1/2/03
24. Cancellation, Revocation or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040) -First Notice Published: 26 Ill. Reg. 13928 – 9/27/02 -Expiration of Second Notice: 1/2/03
State Fire Marshal
25. Boiler and Pressure Vessel Safety (41 Ill. Adm. Code 120) -First Notice Published: 26 Ill. Reg. 10165 – 7/12/02 -Expiration of Second Notice: 12/20/02
Teacher's Retirement System
26. The Administration and Operation of the Teachers' Retirement System (80 Ill. Adm. Code 1650) -First Notice Published: 26 Ill. Reg. 12612 – 8/16/02 -Expiration of Second Notice: 12/21/02
EMERGENCY AND PEREMPTORY RULEMAKINGS
Central Management Services
27. Pay Plan (80 Ill. Adm. Code 310) (Emergency) -Notice Published: 26 Ill. Reg. 16583 – 11/8/02
28. Pay Plan (80 Ill. Adm. Code 310) (Peremptory) -Notice Published: 26 Ill. Reg. 17280 – 12/2/02 ILLINOIS REGISTER 618
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
Nuclear Safety
29. Standards for Protection Against Radiation (32 Ill. Adm. Code 340) (Emergency) -Notice Published: 26 Ill. Reg. 17273 – 12/2/02
Professional Regulation
30. Nursing and Advanced Practice Nursing Act – Advanced Practice Nurse (68 Ill. Adm. Code 1305) (Emergency) -First Notice Published: 26 Ill. Reg. 16845 – 11/15/02
Public Aid
31. Medical Payment (89 Ill. Adm. Code 140) (Emergency) -Notice Published: 26 Ill. Reg. 16593 – 11/8/02
32. Hospital Services (89 Ill. Adm. Code 148) (Emergency) -Notice Published: 26 Ill. Reg. 16612 – 11/8/02
Racing Board
33. Superfecta (11 Ill. Adm. Code 311) (Emergency) -Notice Published: 26 Ill. Reg. 16854 – 11/15/02
AGENCY RESPONSES
Department on Aging
34. Community Care Program (89 Ill. Adm. Code 240; 26 Ill. Reg. 10076)
Department of Agriculture
35. Diseased Animals (8 Ill. Adm. Code 85; 26 Ill. Reg. 9487)
Banks and Real Estate
36. Home Inspector License Act (68 Ill. Adm. Code 1410; 26 Ill. Reg. 13317) (Emergency)
ILLINOIS REGISTER 619
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
Natural Resources
37. Wildlife Conservation Measures and Practices (17 Ill. Adm. Code 635; 26 Ill. Reg. 12650)
Professional Regulation
38. Illinois Architecture Practice Act of 1989 (68 Ill. Adm. Code 1150; 26 Ill. Reg 15327)
ILLINOIS REGISTER 620
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 December 24, 2002 through December 30, 2002 and have been scheduled for review by the Committee at its January 9, 2003 or its February meetings in Springfield. 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 Agency and Rule Start Notice Of First JCAR
2/5/03 Department of Commerce and Community 1/25/02 1/9/03 Affairs, Low-Income Home Energy Assistance 26 Ill. Reg. Program (47 Ill. Adm. Code 100) 739
2/5/03 Department of Human Services, Standards and 5/10/02 2/03 Licensure Requirements for Community- 26 Ill. Reg. Integrated Living Arrangements (59 Ill. Adm. 6964 Code 115)
2/5/03 Department of Commerce and Community 10/4/02 2/03 Affairs, State Administration of the Federal 26 Ill. Reg. Community Services Block Grant Program (47 14313 Ill. Adm. Code 120)
2/5/03 Department of Commerce and Community 7/26/02 2/03 Affairs, Enterprise Zone and High Impact 26 Ill. Reg. Program (14 Ill. Adm. Code 520) 11319
2/5/03 Department of Commerce and Community 2/15/02 2/03 Affairs, Enterprise Zone and High Impact 26 Ill. Reg. Business Programs (14 Ill. Adm. Code 520) 1845 ILLINOIS REGISTER 621
JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY
SECOND NOTICES RECEIVED
2/8/03 State Board of Elections, The Campaign 8/16/02 2/03 Financing Act (26 Ill. Adm. Code 100) 26 Ill. Reg. 12521
2/8/03 State Board of Elections, Practice and Procedure 8/16/02 2/03 (26 Ill. Adm. Code 125) 26 Ill. Reg. 12527
2/12/03 Department of Human Services, Food Stamps 10/4/02 2/03 (89 Ill. Adm. Code 121) 26 Ill. Reg. 14452
ILLINOIS REGISTER 622
EXECUTIVE ORDERS AND PROCLAMATIONS
ILLINOIS REGISTER PROCLAMATIONS VOLUME# 27 Issue: 2 2003-1 Certificate of Commendation to P.J. Burtle-Mccredie
WHEREAS, P.J. Burtle-McCredie is retiring after 21 years of dedicated service to the State of Illinois B 82 years with Illinois Department of Public Health's Division of Communications and 13 years with Sangamon State University and SIU School of Medicine; and WHEREAS, P.J. has wielded her editing pen like Vincent van Gogh used a paint brush, Michelangelo used a chisel, Arthur Fiedler used a conductor's baton or Dr. Christian Barnard used a scalpel; and WHEREAS, P.J. is one of only three people in the state to read in its entirety the rules and regulations of the Health Facilities Planning Board (the others being Ray Passeri and Pam Taylor) and one of just two people who read in its entirety Jim Edgar's tome "Meet the Challenge, The Edgar Administration 1991-1999"; and WHEREAS, P.J. enjoyed her daily dealings with her friends in the news media over issues like leptospirosis; building a hospital in Marion; the safety of school lunches; problems with the environment in Belvidere,Rockford and places in between; additional genetic screenings; changes in adoption laws; mentally ill in nursing homes; and women's and men's health; and WHEREAS, P.J. is leaving state government for a life of leisure with Roger, another state retiree; and WHEREAS, P.J. will be sorely missed by her friends and colleagues at the Illinois Department of Public Health, as well as the public she so judiciously served and cared for; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, do hereby issue this certificate of commendation to P.J. BURTLE-MCCREDIE and wish her success and happiness in all of her future endeavors. Issued by the Governor December 26, 2002 Filed by the Secretary of State December 27, 2002
2003-2 December 2-6, 2002 as Illinois DECA Week
WHEREAS, Illinois DECA is part of a nationwide association of marketing aimed at encouraging leadership in students, developing a greater understanding of our economic system and preparing marketing students for careers in the business world; and WHEREAS, Illinois DECA also helps students develop the necessary knowledge and skills for marketing careers, build self-esteem, experience leadership and practice community service; and WHEREAS, Illinois DECA has many hardworking and dedicated members, and has communicated its plan to all high schools in the state that have DECA chapters; and WHEREAS, the 2002-03 Illinois DECA State Officer Team has developed a program of work ILLINOIS REGISTER 623
EXECUTIVE ORDERS AND PROCLAMATIONS that includes a statewide effort to involve all high schools in the First Annual DECA Week that will be held from December 2-6, 2002; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, proclaim December 2-6, 2002, as ILLINOIS DECA WEEK in Illinois. Issued by the Governor December 19, 2002 Filed by the Secretary of State December 27, 2002
2003-3 December 19, 2002, as Christine Joswick Day
WHEREAS, the State of Illinois and the Illinois Department of Employment Security (IDES) have for 55 years benefited from the extraordinary dedication and service of Christine Joswick, who has worked faithfully and tirelessly to support all administrative aspects of the IDES Field Operations Bureau; and WHEREAS, Ms. Joswick has performed her responsibilities at the highest professional level, consistently working long hours well into the evening to ensure that no task was left undone, and that the high standards of her labor have made Ms. Joswick a true role model, inspiring others by her example; and WHEREAS, the Northern Region of the Illinois Department of Employment Security would not have been as successful in serving the businesses and workers of Illinois without the guidance, mentoring and support received from Christine Joswick; and WHEREAS, the Illinois Veterans' Employment and Training Staff is thankful to Ms. Joswick for her efficient coordination in planning numerous veterans' activities, including the annual "Stand Down" on behalf of homeless veterans, which Ms. Joswick quietly contributed to personally, as well as professionally; and WHEREAS, Ms. Joswick has always given her assistance in a friendly, thoughtful and caring manner, and is greatly valued by her colleagues at IDES, who believe it their good fortune and privilege to have worked with Christine Joswick, and consider her a dear friend; and WHEREAS, Ms. Joswick, a lifelong Chicagoan and faithful parishioner of Five Holy Martyrs Church, has generously given both her time and money to help those less fortunate in her community and throughout the world; and WHEREAS, these accomplishments have been achieved by Christine Joswick while accepting no praise for herself, choosing instead to make fellow employees feel appreciated when a job was well done; and WHEREAS, the dedication, ceaseless efforts and high standards of Christine Joswick have cast a bright reflection on her co-workers, her superiors and the entire State of Illinois; and WHEREAS, Christine Joswick is especially deserving of the gratitude and commendation of all persons engaged in service in the State of Illinois, particularly the Director of the Illinois Department of Employment Security, Gertrude W. Jordan, and the Governor of the State of Illinois, George H. Ryan, who have enjoyed the privilege of her service; ILLINOIS REGISTER 624
EXECUTIVE ORDERS AND PROCLAMATIONS
THEREFORE, I, George H. Ryan, Governor of the State of Illinois, proclaim December 19, 2002, as CHRISTINE JOSWICK DAY in Illinois in gratitude for her 55 years of exceptional service to our state, and wish her God's grace and good health in a long and wonderful retirement. Issued by the Governor December 17, 2002 Filed by the Secretary of State December 27, 2002
2003-4 Certificate of Commendation to Gary L. Bushnell
WHEREAS, Gary L. Bushnell educated thousands of young persons during his 18 years of service to Nauvoo Colusa High School in his roles as teacher, curriculum director, vocational director and athletic director; and WHEREAS, Mr. Bushnell contributed to traffic safety in Illinois for 7 years by ably performing his responsibilities within the Office of Secretary of State, auditing banks and car dealerships and serving as a court liaison in 21 counties on the west side of the state; and WHEREAS, Mr. Bushnell served the citizens of Hancock County through his efforts as Republican County Chairman for many years; and WHEREAS, Mr. Bushnell served as personnel director for the Illinois Department of Public Aid and later joined the Division of Program Integrity with Public Aid in the capacity of deputy administrator; and WHEREAS, Mr. Bushnell helped shape the direction and success of the Division of Program Integrity and its successor, the Office of Inspector General, through his diligent efforts as its chief administrative officer for the OIG for more than 11 years; and WHEREAS, Mr. Bushnell has helped many persons by volunteering his time and energy to help prepare tax returns for the poor; and WHEREAS, through his life, Mr. Bushnell has faithfully and ably served the citizens of Hancock County and the State of Illinois for more than 36 years; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, do hereby issue this certificate of commendation to GARY L. BUSHNELL for his long and honorable service to the people of Illinois and bestow best wishes in all his future endeavors. Issued by the Governor December 17, 2002 Filed by the Secretary of State December 27, 2002
2003-5 Certificate of Commendation to Dr. Hazel Loucks
WHEREAS, Hazel Loucks received a Bachelor of Science degree from Southern Illinois University-Carbondale in 1966 with a background in Elementary Education; a Master of Arts degree from The Ohio State University with an emphasis on Personnel Work in Higher Education in 1972; and a Ph.D. from Saint Louis University in Education Administration in ILLINOIS REGISTER 625
EXECUTIVE ORDERS AND PROCLAMATIONS
1987; and WHEREAS, Dr. Loucks was appointed Deputy Governor for Education and Workforce, a cabinet-level position, on January 12, 1999, and has served in that capacity since; and WHEREAS, as Deputy Governor to the Ryan administration, Dr. Loucks has served in a variety of roles, working with the Governor's administration, state agencies and the General Assembly to shape policy for education and workforce development in Illinois; and WHEREAS, before serving in the Office of the Governor, Dr. Loucks served as an assistant professor of Educational Administration and Higher Education at Southern Illinois University- Carbondale from 1989-1994 and Director of Higher Education for the Illinois Education Association from 1994-1999. Along the way, Dr. Loucks has held numerous positions as a teacher, administrator and clinician at various institutions; and WHEREAS, Dr. Loucks has also been a member and officer of several professional associations, and has earned national collegial respect as an outstanding educator. She has been asked by her colleagues to speak to numerous national education and workforce development associations including the Education Commission of the States; and WHEREAS, Dr. Loucks has been the recipient of countless honors and awards, including honorary degrees from Quincy University in 2001 and the University of St. Francis in 2002. In 1999 she received the Award for Outstanding Achievement from the Chicago Southland Chamber of Commerce for linking business with the public sector. She has also authored four books and had nine articles published in professional journals; and WHEREAS, Dr. Loucks is nationally known for her intellect and good-humored leadership, which was exemplified by her recent invitation from the James B. Hunt, Jr. Institute for Educational Leadership and Policy to be a presenter for a symposium of the 24 newly elected Governors. She was also asked to chair a committee of governors studying education reform; and WHEREAS, Dr. Loucks' service as Deputy Governor will come to an end in January 2003. Her tenure has been marked by dedicated service to the Ryan administration, the State of Illinois, and the committees that she chairs; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, do hereby issue this certificate of commendation to DR. HAZEL LOUCKS for her commitment to education, the workforce development system and to the people of Illinois, and bestow my sincerest congratulations and best wishes in her future endeavors. Issued by the Governor December 16, 2002 Filed by the Secretary of State December 27, 2002
2003-6 Certificate of Commendation to Kirk Brown
WHEREAS, Kirk Brown was born on December 24, 1946, and received a Bachelor of Engineering degree in Civil Engineering from Vanderbilt University in 1968; and WHEREAS, Kirk Brown, a registered professional engineer in the State of ILLINOIS REGISTER 626
EXECUTIVE ORDERS AND PROCLAMATIONS
Illinois, has nearly 35 years of service at the Illinois Department of Transportation; and WHEREAS, after spending nine years in the Department's highway construction, design and planning; eight years in metropolitan, transit and aviation planning; and six years directing the Department's capital budgeting and programming process; Kirk Brown has spent the past 12 years as Secretary of the Department, the longest such term in Illinois history; and WHEREAS, during his career at the Department of Transportation, Kirk Brown has worked on countless projects that have been crucial to the State of Illinois. Among his accomplishments are assisting in the restructuring of Chicago's Regional Transportation Authority in 1983 to restore financial stability; working with Governor Ryan and the General Assembly to increase highway and transit funding by $6 billion over five years as a part of Illinois FIRST; proposing over $18 billion in highway projects while Secretary, with 96 percent of those projects completed on time; maintaining and improving Department services while controlling costs by reducing overall staff by seven percent, reducing management staff by five percent, and renegotiating union contracts to lower highway maintainer starting salaries by 25 percent to reduce operating costs; and numerous others; and WHEREAS, in addition to being a successful employee and Secretary, Kirk Brown is a member of several professional organizations, including the National Society of Professional Engineers, American Society of Civil Engineers, Lamda Alpha International Honorary Land Economics Society, Illinois Association of County Engineers (honorary member), Illinois Public Airports Association (life member), and Illinois Association of highway Engineers (lifetime member); and WHEREAS, Kirk Brown will be honored for his many years of dedicated service to the State of Illinois with a retirement reception on Wednesday, December 18, 2002, from 2 to 4 p.m. in the Illinois Department of Transportation auditorium; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, do hereby issue this certificate of commendation to KIRK BROWN for his nearly 35 years of devoted service at the Department of Transportation, bestowing my sincerest congratulations on a remarkable career and best wishes in all his future endeavors. Issued by the Governor December 16, 2002 Filed by the Secretary of State December 27, 2002
2003-7 December 5, 2002, as Richard J. Bacigalupo
WHEREAS, in January 2003, Regional Transportation Authority Executive Director Richard J. Bacigalupo is resigning his position to become the Assistant Chief Executive Officer of the Orange County Transportation Authority in Orange County, California; and WHEREAS, Richard J. Bacigalupo began his public service career in transportation as regional counsel for the Chicago Office of the Urban Mass Transportation Administration of the U.S. Department of Transportation; and ILLINOIS REGISTER 627
EXECUTIVE ORDERS AND PROCLAMATIONS
WHEREAS, he first joined the Regional Transportation Authority in 1988 as General Counsel prior to being unanimously elected Executive Director in 1996; and WHEREAS, in his capacity as Executive Director of the Regional Transportation Authority, Richard J. Bacigalupo helped the RTA achieve AA financial ratings and consistently receive achievement awards for financial budgeting and reporting; and WHEREAS, during Bacigulapo's tenure as Executive Director, the RTA has creatively used its planning powers to bring together all of the relevant government entities to plan transit improvements in the Northwest Corridor of suburban Cook County and to create the region's first technical assistance program to help communities plan transit-oriented development; and WHEREAS, under Bacigalupo's stewardship, the Regional Transportation Authority has advocated greater cooperation among its Service Boards -- CTA, Metra and Pace -- particularly in the area of introducing new technology to the region in a coordinated manner; and WHEREAS, the State of Illinois is losing a valuable resource and Orange County gaining one of our state's finest in Richard J. Bacigalupo; and WHEREAS, I congratulate Richard J. Bacigalupo for his accomplishments on behalf of the Regional Transportation Authority and the citizens of Northwest Illinois, and wish him well in all his future endeavors; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, proclaim December 5, 2002, as RICHARD J. BACIGALUPO DAY in Illinois. Issued by the Governor December 12, 2002 Filed by the Secretary of State December 27, 2002
2003-8 December 10, 2002, as Entrepreneurship Education Day
WHEREAS, the future of our state and nation are dependent on the health and strength of our economy; and WHEREAS, economic understanding and entrepreneurship skills for all citizens are essential to assuring a strong economy; and WHEREAS, entrepreneurship education has been proven to provide the knowledge and skills necessary for the understanding of business ownership; and WHEREAS, entrepreneurship education works to prepare both adults and youth across the state to be creative business owners and workers, prudent savers and investors, as well as wise consumers and productive citizens in our economy; and WHEREAS, for the past 14 years, the Illinois Institute for Entrepreneurship Education (IIEE) has provided Illinois citizens with entrepreneurship preparation through programs, research, and access to a variety of information and resources; and WHEREAS, IIEE also works to build strong linkages and partnerships between education, business and government; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, proclaim December 10, 2002, as ENTREPRENEURSHIP EDUCATION DAY in Illinois. ILLINOIS REGISTER 628
EXECUTIVE ORDERS AND PROCLAMATIONS
Issued by the Governor December 12, 2002 Filed by the Secretary of State December 27, 2002
2003-9 December 6, 2002, as Cyberspace Safety Awareness
WHEREAS, the recent tremendous advances in technology have profoundly changed the way in which communication, research and commerce take place in our society; and WHEREAS, our educational system must embrace the use of technology in our schools, teaching children how to harness the immense resources of the Internet, exploring the richness of imagination, encouraging critical thinking, analyzing data, reviewing sources, and communicating ideas; and WHEREAS, access to the Internet provides enormous opportunities for learning, teaching, analyzing, researching and collaborating; and WHEREAS, concerns for abuse, risk and exploitation sometimes accompanies opportunities; and WHEREAS, the Internet Crimes Against Children Educational Advisory Committee, which consists of the following state agencies/organizations: Governor's Office, Illinois Technology Office, Illinois Association of Chiefs of Police, Illinois Attorney General's Office, Illinois Coalition Against Sexual Assault, Illinois Department of Children and Family Services, Illinois Sheriff's Association, Illinois State Board of Education, Illinois State Police, Illinois Violence Prevention Authority, Prevent Child Abuse-Illinois, and Regional Institute of Community Policing; agree that, while acknowledging the efforts of enhancing our children's Internet experience, we must undertake a solemn effort to ensure the value of Internet safety; and WHEREAS, the above organizations agree that the Internet is a vital tool for education and research, which the citizens of Illinois must have readily available for personal knowledge and growth; and WHEREAS, education and awareness efforts will help to protect our children and to provide them with a safer environment while using the Internet, teaching them smart use of the tools; and WHEREAS, the Internet Crimes Against Children Educational Advisory Committee, along with school administrators, teachers, parents, and concerned citizens throughout Illinois, are joining together to observe December 6 as Cyberspace Safety Awareness Day; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, proclaim December 6, 2002, as CYBERSPACE SAFETY AWARENESS DAY in Illinois. Issued by the Governor December 12, 2002 Filed by the Secretary of State December 27, 2002
ILLINOIS REGISTER 629
EXECUTIVE ORDERS AND PROCLAMATIONS
2003-10 Certificate of Commendation to Karl L. Bartelsmeyer
WHEREAS, Karl L. Bartelsmeyer began his career at the Illinois Department of Transportation in February 1965 as an Appointed Civil Engineer I; and WHEREAS, Mr. Bartelsmeyer has remained with the Illinois Department of Transportation, where he has reached the classification of Civil Engineer VIII and Bureau Chief of the Central Bureau of Land Acquisition, for 38 years; and WHEREAS, Mr. Bartelsmeyer, a registered land surveyor, has served as president of the Egyptian Chapter of the Illinois Society of Professional Engineers and the Carbondale Chapter of the Illinois Association of Highway Engineers; and WHEREAS, among a long list of community activities in which Mr. Bartelsmeyer has been involved are: elected member of the Board of Education, Carbondale Elementary Schools; chairmanship of the Board of Trustees, Finance Committee, Pastor-Parish Committee, Organ Renovation Committee, Administration Board, Planning Committee, Building Committee-First United Methodist Church; Cubmaster, Assistant Scoutmaster, Treasurer, Committee Chairman, Advancements Chairman and Webelos Den Leader-Boy Scouts of America; chairman of the Supervisory Committee, chairman of the Board- Carbondale Highway Credit Union Board of Directors; and WHEREAS, Mr. Bartelsmeyer, who will retire from the Illinois Department of Transportation on December 31, 2002, will be honored for his 38 years of dedicated service to the State of Illinois with a celebratory luncheon on December 17, 2002; THEREFORE, I, George H. Ryan, Governor of the State of Illinois, do hereby issue this certificate of commendation to KARL L. BARTELSMEYER for his many years of dedicated service to the people of Illinois, and bestow my best wishes for his life after retirement. Issued by the Governor December 12, 2002 Filed by the Secretary of State December 27, 2002 ILLINOIS REGISTER 630
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA a) Part(s) (Heading and Code Citation): Standard Filing Requirements for Electric, Gas, Water and Sewer Utilities and Telecommunications Carriers in Filing for an Increase in Rates, 83 Ill. Adm. Code 285
1) Rulemaking:
A) Description: This rulemaking proceeding is examining the required data that must be filed with the Commission when any of the subject entities files a general rate increase. This material is reviewed by Commission staff in preparation of the rate case.
B) Statutory Authority: Implementing Section 9-201 and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/9-201 and 10- 101].
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in Docket 93-0351.
D) Date agency anticipates First Notice: Undetermined.
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject utilities or local exchange carriers that are also small businesses.
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None.
ILLINOIS REGISTER 631
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA b) Part (Heading and Code Citation): Standards of Service for Local Exchange Telecommunications Carriers 83 Ill. Adm. Code 730
1) Rulemaking:
A) Description: The Commission has received a Telecommunications Division Staff Report (“Staff Report”) dated August 31, 2000. In it, the Commission’ s Telecommunications Staff expresses the belief that Part 730 should be reviewed to ascertain that the standards for local exchange telecommunications service are clear as well as consistently applied and reported by all local exchange carriers. Staff also believes that Part 730 does not have sufficient penalty mechanisms associated with it to modify a local exchange carrier’ s performance. In Staff’ s view, the standards of Part 730 must be evaluated to determine if the levels of service currently required of local exchange carriers are appropriate, or if more stringent measures should be adopted. Staff recommends that the Commission conduct a review of Part 730 to ensure that the standards provide customers of local exchange carriers with meaningful reassurances of an appropriate level of service quality.
B) Statutory Authority: Implementing Section 8-301 and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/8-301 and 10- 101].
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in docket 00-0596.
D) Date agency anticipates First Notice: Undetermined.
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject local exchange carriers that are also small businesses.
ILLINOIS REGISTER 632
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None. c) Part(s) (Heading and Code Citation): Part Number undetermined at this time
1) Rulemaking:
A) Description: On June 28, 2001, the Governor signed P.A. 92-0022, which included amendments to Article XIII of the Public Utilities Act (“Act”). These amendments became effective on June 30, 2001 The Public Act added Section 13-301.3 to the Act. This Section establishes the Digital Divide Elimination Infrastructure Program. Subsection (b) states:
The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in areas of the State for which the incumbent local exchange carrier having the duty to serve such area, and the obligation to provide advanced services to such area pursuant to Section 13-517 of this Act, has sought and obtained an exemption from such obligation based upon a Commission finding that provision of such advanced services to customers in such area is either unduly economically burdensome or will impose a significant adverse economic impact on users of telecommunications services generally.
This mandate necessitates the initiation of a rulemaking proceeding to establish the required rules.
B) Statutory Authority: Implementing and authorized by Section 13- 301.3 of the Public Utilities Act [220 ILCS 5/13-301.3]. ILLINOIS REGISTER 633
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in docket 01-0590.
D) Date agency anticipates First Notice: Undetermined.
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any eligible entities that are also small businesses, small municipalities, or not for profit corporations.
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None. d) Part (Heading and Code Citation): Interconnection 83 Ill. Adm. Code 790
1) Rulemaking:
A) Description: This rulemaking proceeding deals with the revision of the Commission's rules relating to the interconnection of competitive local exchange carriers with the facilities of the incumbent local exchange carriers.
B) Statutory Authority: Implementing Sections 8-501, 8-502, 8-503, 8- 504, 8-506, 13-505.1, and 13-505.5 and authorized by Section 10- 101 of the Public Utilities Act [220 ILCS 5/8-501, 8-502, 8-503, 8- 504, 8-506, 13-505.1, 13-505.5, and 10-101].
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in docket 99-0511.
D) Date agency anticipates First Notice: Undetermined. ILLINOIS REGISTER 634
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject local exchange carriers that are also small businesses, small municipalities, or not for profit corporations.
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None. e) Part (Heading and Code Citation): Cost of Service 83 Ill. Adm. Code 791
1) Rulemaking:
A) Description: This rulemaking proceeding deals with the revision of the Commission's rules relating to the cost of service for those carriers that provide both noncompetitive and competitive telecommunications services.
B) Statutory Authority: Implementing Section 13-507 and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/13-507 and 10-101].
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in docket 99-0535.
D) Date agency anticipates First Notice: Undetermined.
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject telecommunications carriers that are also small businesses, small municipalities, or not for profit corporations.
ILLINOIS REGISTER 635
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None. f) Part (Heading and Code Citation): Imputation 83 Ill. Adm. Code 792
1) Rulemaking:
A) Description: This rulemaking proceeding deals with the revision of the Commission's rules relating to the imputation tests required of any telecommunications carrier offering both competitive and noncompetitive services.
B) Statutory Authority: Implementing Section 13-505.1 and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/13-505.1 and 10-101].
C) Schedule meeting/hearing date: Persons interested in participating in the proceeding should file a petition to intervene in docket 99-0536.
D) Date agency anticipates First Notice: Undetermined.
E) Affect on small businesses, small municipalities or not for profit corporations: This rulemaking will affect any subject local exchange carriers that are also small businesses, small municipalities, or not for profit corporations. ILLINOIS REGISTER 636
ILLINOIS COMMERCE COMMISSION
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information:
Donna M. Caton Chief Clerk Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois 62706 217-782-7434
G) Related rulemakings and other pertinent information: None.
ILLINOIS REGISTER 637
ILLINOIS STATE BOARD OF EDUCATION
JANUARY 2003 REGULATORY AGENDA a) Part: Standards for Certification in Specific Teaching Fields; 23 Ill. Adm. Code 27.
1) Rulemaking:
A) Description:
New material will be added to Part 27 to convey standards for special education teachers related to the general curriculum.
B) Statutory Authority: 105 ILCS 5/Art. 21 and 2-3.6.
C) Scheduled meeting/hearing date: To be announced.
D) Date agency anticipates First Notice: March 7, 2003.
E) Effect on small businesses, small municipalities, or not-for-profit corporations: None.
F) Agency contact person for information:
Name: Sally Vogl Agency Rules Coordinator Address: Illinois State Board of Education 100 North First Street Springfield, Illinois 62777 Telephone: (217) 782-3950
G) Related rulemakings and other pertinent information:
b) Part: Transitional Bilingual Education; 23 Ill. Adm. Code 228.
1) Rulemaking:
A) Description:
These rules will be updated to reflect the provisions of P.A. 92-604 and the federal No Child Left Behind Act, which changed the requirements for notification of parents whose children are enrolled in bilingual education programs and for those parents’ notification to school districts when they wish to withdraw their children.
ILLINOIS REGISTER 638
ILLINOIS STATE BOARD OF EDUCATION
JANUARY 2003 REGULATORY AGENDA
B) Statutory Authority: 105 ILCS 5/Art. 14C.
C) Scheduled meeting/hearing date: To be announced.
D) Date agency anticipates First Notice: January 31, 2003.
E) Effect on small businesses, small municipalities, or not-for-profit corporations: None.
F) Agency contact person for information:
Name: Sally Vogl Agency Rules Coordinator Address: Illinois State Board of Education 100 North First Street Springfield, Illinois 62777 Telephone: (217) 782-3950
G) Related rulemakings and other pertinent information: c) Part: Alternative Learning Opportunities Program; 23 Ill. Adm. Code 240
1) Rulemaking:
A) Description:
Language will be added to these rules to provide a mechanism whereby regional superintendents may submit direct claims for general state aid in the case of programs they operate by agreement with school districts.
B) Statutory Authority: 105 ILCS 5/Art. 13B
C) Scheduled meeting/hearing date: To be announced.
D) Date agency anticipates First Notice: March 7, 2003.
E) Effect on small businesses, small municipalities, or not-for-profit corporations: None.
F) Agency contact person for information:
ILLINOIS REGISTER 639
ILLINOIS STATE BOARD OF EDUCATION
JANUARY 2003 REGULATORY AGENDA
Name: Sally Vogl Agency Rules Coordinator Address: Illinois State Board of Education 100 North First Street Springfield, Illinois 62777 Telephone: (217) 782-3950
G) Related rulemakings and other pertinent information: ILLINOIS REGISTER 640
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA a) Part 2675—Public Information, Rulemaking, Organization and Personnel Subpart A: Public Information 2 Ill. Adm. Code 2675.10 to 2675.30
Part 2675—Public Information, Rulemaking, Organization and Personnel Subpart B: Rulemaking 2 Ill. Adm. Code 2675.110 to 2675.120
Part 2675—Public Information, Rulemaking, Organization and Personnel Subpart C: Organization 2 Ill. Adm. Code 2675.210 to 2675.260
Part 2676—Freedom of Information 2 Ill. Adm. Code 2676
Part 900—Americans with Disabilities Act Grievance Procedure 4 Ill. Adm. Code 900
Part 1100—General Procedures 80 Ill. Adm. Code 1100
Part 1105—Hearing Procedures Subpart A: Non-Adversarial Procedures 80 Ill. Adm. Code 1105.10 to 1105.80
Part 1105—Hearing Procedures Subpart B: Contested Cases 80 Ill. Adm. Code 1105.90 to 1105.220
Part 1110—Representation Procedures 80 Ill. Adm. Code 1110
Part 1120—Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120
Part 1125—Fair Share Fee Objections 80 Ill. Adm. Code 1125
Part 1130—Collective Bargaining and Impasse Resolution 80 Ill. Adm. Code 1130 ILLINOIS REGISTER 641
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
Part 1135—University of Illinois Bargaining Units 80 Ill. Adm. Code 1135
1) Rulemaking: Amendments.
A) Description: Review of and appropriate revision to the procedures employed by the Illinois Educational Labor Relations Board.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of its rules. The Board is in the process of soliciting revisions to its rules from its staff and the parties. b) Part 1100—General Procedures 80 Ill. Adm. Code 1100
1) Rulemaking: Amendment.
A) Description: Provides for filing by facsimile and establishes when documents filed by facsimile are considered to have been filed.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled. ILLINOIS REGISTER 642
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. c) Part 1100—General Procedures 80 Ill. Adm. Code 1100
1) Rulemaking: Amendment.
A) Description: Deletes the specific description of the showing that is required to obtain an extension of time.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
ILLINOIS REGISTER 643
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. d) Part 1100—General Procedures 80 Ill. Adm. Code 1100
1) Rulemaking: Amendment.
A) Description: Deletes the requirement that a motion to revoke a subpoena must be filed no later than five days after service of the subpoena.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information:
Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. e) Part 1105—Hearing Procedures Subpart A: Non-Adversarial Procedures 80 Ill. Adm. Code 1105
Part 1105—Hearing Procedures Subpart B: Contested Cases 80 Ill. Adm. Code 1105
ILLINOIS REGISTER 644
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
1) Rulemaking: Amendment.
A) Description: Establishes a time frame for the production of subpoenaed documents prior to a hearing.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. f) Part 1105—Hearing Procedures Subpart A: Non-Adversarial Procedures 80 Ill. Adm. Code 1105
Part 1105—Hearing Procedures Subpart B: Contested Cases 80 Ill. Adm. Code 1105
Part 1110—Representation Procedures 80 Ill. Adm. Code 1110
Part 1120—Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120
Part 1125—Fair Share Fee Objections 80 Ill. Adm. Code 1125 ILLINOIS REGISTER 645
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
1) Rulemaking: Amendment.
A) Description: Authorizes the filing of cross exceptions and establishes a deadline for submitting them.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. g) Part 1105—Hearing Procedures Subpart B: Contested Cases 80 Ill. Adm. Code 1105
1) Rulemaking: Amendment.
A) Description: Changes the deadline for filing motions that would preclude a hearing.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
ILLINOIS REGISTER 646
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. h) Part 1120—Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120
1) Rulemaking: Amendment.
A) Description: Changes the standard for allowing a late Answer to a Complaint.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. ILLINOIS REGISTER 647
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
i) Part 1120—Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120
1) Rulemaking: Amendment.
A) Description: Allows a party to request the Administrative Law Judge to certify an issue to the Board.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemaking and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. j) Part 1120—Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1120
1) Rulemaking: Amendment.
A) Description: Permits sanctions when the underlying unfair labor practice charge is withdrawn.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
ILLINOIS REGISTER 648
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board has received one negative comment concerning this rulemaking. The Board is conducting a general review of and revision to its rules. k) Part 1125—Fair Share Fee Objections 80 Ill. Adm. Code 1125
1) Rulemaking: Amendment.
A) Description: Changes the deadline for the commencement of fair share hearings.
B) Statutory Authority: 115 ILCS 5/5(i).
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
ILLINOIS REGISTER 649
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. l) Part 1105—Hearing Procedures Subpart A: Non-Adversarial Procedures 80 Ill. Adm. Code 1105
Part 1105—Hearing Procedures Subpart B: Contested Cases 80 Ill. Adm. Code 1105
1) Rulemaking: Amendment.
A) Description: Provides for pre-hearing discovery.
B) Statutory Authority: 115 ILCS 5/5(i)
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. m) Part 1110—Representation Procedures 80 Ill. Adm. Code 1110
1) Rulemaking: Amendment
ILLINOIS REGISTER 650
ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
JANUARY 2003 REGULATORY AGENDA
A) Description: Provides for the employer to file a list of the employees in the bargaining unit for use in evaluating the showing of interest.
B) Statutory Authority: 115 ILCS 5/5(i)
C) Scheduled meeting/hearing dates: Not yet scheduled.
D) Date agency anticipates First Notice: Not yet known.
E) Effect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Helen Higgins Kelly Address: Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago, Illinois 60601-3103 Telephone: (312) 793-3170
G) Related rulemakings and other pertinent information: The Illinois Educational Labor Relations Board is conducting a general review of and revision to its rules. ILLINOIS REGISTER 651
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
REGULATORY AGENDA
a) Part(s) Heading and Code Citation: Illinois Affordable Housing Tax Credit Development Program 47 Ill. Adm Code 355
1) Rulemaking:
A) Description: Amend various sections to conform with updated guidelines.
B) Statutory Authority: Sections 7.19 and 7.23 of the Illinois Housing Development Act [20 ILCS 3805/7.19 and 7.23].
C) Schedule meeting/hearing date: February, 2002.
D) Date agency anticipates First Notice: February, 2002.
E) Affect on small businesses, small municipalities or not for profit corporations: None.
F) Agency contact person for information: Name: Richard B. Muller Esq. Illinois Housing Development Authority Address: 401 N. Michigan Ave., Ste. 900 Chicago, IL 60611 Telephone: (312) 836-5327
G) Related rulemakings and other pertinent information: None ILLINOIS REGISTER 652
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
a) Part(s) (Heading and Code Citation): Rulemaking and Organization - 2 Ill. Adm. Code 825
1) Rulemaking:
A) Description: This Part contains the Department's procedures for rulemaking and the organization structure.
B) Statutory Authority: Implementing and authorized by Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
b) Part(s) (Heading and Code Citation): Americans with Disabilities Act Grievance Procedure - 4 Ill. Adm. Code 1000
1) Rulemaking:
A) Description: This Part contains the procedures for filing grievances pursuant to ADA.
B) Statutory Authority: Implementing Title II, Subtitle A of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134), as specified in Title II regulations (28 CFR 35.107).
C) Scheduled meeting/hearing dates: None
ILLINOIS REGISTER 653
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
c) Part(s) (Heading and Code Citation): Competitive Tournament Fishing on State Owned and/or Leased Water Areas - 17 Ill. Adm. Code. 115
1) Rulemaking:
A) Description: This Part contains the regulations for use of the Department's water areas, launching facilities and parking areas by groups, organizations and individuals engaged in the sponsorship of competitive fishing tournaments.
B) Statutory Authority: Implementing and authorized by Section 468 of the "State Parks Act" 20 ILCS 835/4 and Sections 1-125 and 5-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-125 and 5-5].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809 G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 654
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
d) Part(s) (Heading and Code Citation): Camping on Department of Natural Resources Properties - 17 Ill. Adm. Code 130
1) Rulemaking:
A) Description: This Part contains the regulations for Camping on Department of Natural Resources Properties.
B) Statutory Authority: Implementing and authorized by Sections 1 and 4(1) and (5) of the State Parks Act [20 ILCS 835/1 and 4(1) and (5)], and by Sections 63a23 and 63a28 of the Civil Administrative Code of Illinois [20 ILCS 805/63a23 and 63a28].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
e) Part(s) (Heading and Code Citation): Horse Barns at Sites Having Equestrian Use Areas - 17 Ill. Adm. Code 140
1) Rulemaking:
A) Description: This Part contains the regulations for overnight barn stabling of horses at Department sites having equestrian use areas.
B) Statutory Authority: Implementing and authorized by Sections 1, 4, 4c and 6 of the "State Parks Act" [20 ILCS 835/1, 4, 4c and 6];
ILLINOIS REGISTER 655
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
and by Section 5 of the State Parks Designation Act [20 ILCS 840/5].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
f) Part(s) (Heading and Code Citation): Regulations for the Letting of Concessions, Farm Leases, Sale of Buildings and Facilities, and Demolitions - 17 Ill. Adm. Code 150
1) Rulemaking:
A) Description: This Part contains the regulations and selection criteria regarding concession leases, agricultural management leases, sale of buildings and facilities and demolitions.
B) Statutory Authority: Implementing and authorized by Sections 63a6, 63a14, and 63a21 of the Civil Administrative Code of Illinois [20 ILCS 805/63a6,63a14, and 63a21].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information:
ILLINOIS REGISTER 656
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
g) Part(s) (Heading and Code Citation): Firewood Collection - 17 Ill. Adm. Code 170
1) Rulemaking:
A) Description: This Part contains the permit requirements for collection of firewood at State forests.
B) Statutory Authority: Implementing Section 5 of the State Forest Act [525 ILCS 40/5] and authorized by Section 63a8 of The Civil Administrative Code of Illinois [20 ILCS 805/63a8].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
h) Part(s) (Heading and Code Citation): Rental of Boats and Boating Facilities - 17 Ill. Adm. Code 210
1) Rulemaking:
ILLINOIS REGISTER 657
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
A) Description: This Part contains the regulations for rental of boats by the Department or concessionaires.
B) Statutory Authority: Implementing and authorized by Sections 63a14, 63a15, 63a21, and 63a22 of the Civil Administrative Code of Illinois [20 ILCS 805/63a14, 63a15, 63a21 and 63a22].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
i) Part(s) (Heading and Code Citation): North Point Marina - 17 Ill. Adm. Code 220
1) Rulemaking:
A) Description: This Part contains regulations pertaining to the berthing of vessels and other activities and operations within the North Point Marina.
B) Statutory Authority: Implementing and authorized by Sections 1 and 4 of the State Parks Act [20 ILCS 835/1 and 4] and by Sections 63a5, 63a15 and 63a21 of the Civil Administrative Code of Illinois [20 ILCS 805/63a5, 63a15 and 63a21] and by Section 6z-10 of the State Finance Act [30 ILCS 105/6z-10].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
ILLINOIS REGISTER 658
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
j) Part(s) (Heading and Code Citation): North Point Marina Vendors - 17 Ill. Adm. Code 230
1) Rulemaking:
A) Description: This Part contains the regulations for vendors operating at North Point Marina.
B) Statutory Authority: Implementing and authorized by the State Parks Act [20 ILCS 835/4 and by Sections 63a7, 63a11, 63a14, 63a15, 63a18, 63a21, 63a21.1 and 63a37 of the Civil Administrative Code of Illinois [20 ILCS 805/63a7, 63a11, 63a14, 63a15, 63a18, 63a21.1, and 63a37].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 659
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
k) Part(s) (Heading and Code Citation): The Protection of Archaeological Resources - 17 Ill. Adm. Code 370
1) Rulemaking:
A) Description: This Part contains regulations protecting archaeological resources on Department properties.
B) Statutory Authority: Implementing and authorized by the "Archaeological and Paleontological Resources Protection Act" [20 ILCS 3435], Section 2 of the "Illinois Historic Preservation Act" [20 ILCS 3410/2 and Sections 1-70 and 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/1-70 and 5-15.
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
l) Part(s) (Heading and Code Citation): Non-Departmental Archaeological Research on Department of Natural Resources Managed Lands - 17 Ill. Adm. Code 390
1) Rulemaking:
A) Description: This Part sets forth the conditions under which archaeological research by organizations and individuals outside of the Department (who are not operating as "agents" of the Department) may be permitted.
ILLINOIS REGISTER 660
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by Sections 1, 3, 4, and 6 of the Historic Preservation Act [20 ILCS 3410/1, 3, 4, and 6], Sections 1-70 and 5-15(a)(2) of the Illinois Administrative Procedure Act [5 ILCS 100/1-70 and 5-15] and the "Archaeological and Paleontological Resources Act [20 ILCS 3435].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
m) Part(s) (Heading and Code Citation): Hunting and Trapping Accidents - 17 Ill. Adm. Code 515
1) Rulemaking:
A) Description: This Part contains the regulations for reporting hunting and trapping accidents to the Departemnt.
B) Statutory Authority: Implementing and authorized by Section 3.40 of the Wildlife Code [520 ILCS 5/3.40] and Section 63a37 of The Civil Administrative Code of Illinois [20 ILCS 805/63a37]
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
ILLINOIS REGISTER 661
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
n) Part(s) (Heading and Code Citation): Hunting Season for Game Breeding and Hunting Preserve Areas - 17 Ill. Adm. Code 745
1) Rulemaking:
A) Description: This Part contains criteria for establishing hunting season for game breeding and hunting preserve areas.
B) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.1, 2.2, 3.27, 3.28, 3.29 and 3.30 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.1, 2.2, 3.27, 3.28 and 3.29].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
o) Part(s) (Heading and Code Citation): Dog Training on Non-Department Owned or -Managed Lands - 17 Ill. Adm. Code 960
1) Rulemaking:
ILLINOIS REGISTER 662
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
A) Description: This Part contains the regulations for dog training on non-Department owned or -managed lands.
B) Statutory Authority: Implementing and authorized by Sections 1.4, 2.30, 2.34 and 3.5 of the Wildlife Code [520 ILCS 5/1.4, 2.30, 2.34 and 3.5].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
p) Part(s) (Heading and Code Citation): Possession of Specimens or Products of Endangered or Threatened Species - 17 Ill. Adm. Code 1070
1) Rulemaking:
A) Description: This Part contains the regulations pertaining to possession of Specimens or Products of Endangered or Threatened Species.
B) Statutory Authority: Implementing and authorized by Sections 4 and 11(c) of the Illinois Endangered Species Protection Act [520 ILCS 10/4 and 11(c)].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
ILLINOIS REGISTER 663
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
q) Part(s) (Heading and Code Citation): Consultation Procedures for Assessing Impacts of Agency Actions on Endangered and Threatened Species - 17 Ill. Adm. Code 1075
1) Rulemaking:
A) Description: This Part contains the regulations on consultation procedures for assessing impacts of agency actions on endangered and threatened species.
B) Statutory Authority: Implementing and authorized by Section 11(b) of the Illinois Endangered Species Protection Act [520 ILCS 10/11] and Section 17 of the Illinois Natural Areas Preservation Act [525 ILCS 30/17].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 664
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
r) Part(s) (Heading and Code Citation): Implementation Procedures for the Interagency Wetlands Policy Act - 17 Ill. Adm. Code 1090
1) Rulemaking:
A) Description: This Part contains the regulations for compliance with the implementation Procedures for the Interagency Wetlands Policy Act.
B) Statutory Authority: Implementing and authorized by the Interagency Wetland Policy Act of 1989 [20 ILCS 830].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
s) Part(s) (Heading and Code Citation):
1) Rulemaking: Regulation of Public Use of Illinois Dedicated Nature Preserves - 17 Ill. Adm. Code 1510
A) Description: This contains the regulations for use by the public of Illinois dedicated nature preserves.
B) Statutory Authority: Implementing and authorized by Sections 1- 8 the "State Parks Act" [20 ILCS 835/1-8];Section 5-1 of the Snowmobile Registration and Safety Act (625 ILCS 40/5-1]; and Section 11 of the Conservation District Act [70 ILCS 410/11]
ILLINOIS REGISTER 665
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
t) Part(s) (Heading and Code Citation):
1) Rulemaking: Forest Management Plan - 17 Ill. Adm. Code 1537
A) Description: This Part contains the regulations for establishing a forest management plan.
B) Statutory Authority: Implementing and authorized by the Illinois Forestry Development Act [525 ILCS 15/1].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 666
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
u) Part(s) (Heading and Code Citation):
1) Rulemaking: Urban and Community Forestry Grant Program - 17 Ill. Adm. Code 1538
A) Description: The purpose of the Urban and Community Forestry Grant Program is to provide financial assistance to local units of government for the development of plans and implementation of programs for the establishment, management, conservation, and preservation of the urban and community forest.
B) Statutory Authority: Implementing and authorized by the Urban and Community Forestry Assistance Act [30 ILCS 735].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
v) Part(s) (Heading and Code Citation):
1) Rulemaking: Seed Collection - 17 Ill. Adm. Code 1539
A) Description: This Part establishes the regulations for obtaining a seed collection permit from the Department.
B) Statutory Authority: Implementing and authorized by the State Forest Act [525 ILCS 40].
ILLINOIS REGISTER 667
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
w) Part(s) (Heading and Code Citation):
1) Rulemaking: Distribution and Sale of Plant and Plant Materials - 17 Ill. Adm. Code 1540
A) Description: This Part contains the Department's regulations for distribution and sale of plant and plant materials.
B) Statutory Authority: Implementing and authorized by the State Forest Act [525 ILCS 40]; Section 1.12 of the Wildlife Code [520 ILCS 5/1.12]; and Sections 63a1, 63a2 and 63a8 of the Civil Administrative Code of Illinois [20 ILCS 805/63a1, 63a2 and 63a8].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271
ILLINOIS REGISTER 668
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
x) Part(s) (Heading and Code Citation): Sale of Forest Products - 17 Ill. Adm. Code 1545
1) Rulemaking:
A) Description: This Part contains regulations for sale of forest products.
B) Statutory Authority: Implementing and authorized by the State Forest Act [525 ILCS 40].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
y) Part(s) (Heading and Code Citation):
1) Rulemaking: Forest Fire Protection Districts Act - 17 Ill. Adm. Code 1560
A) Description: This Part contains regulations for compliance with the Forest Fire Protection District Act
B) Statutory Authority:
ILLINOIS REGISTER 669
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
z) Part(s) (Heading and Code Citation):
1) Rulemaking: Rural Community Fire Protection Program - 17 Ill. Adm. Code 1570
A) Description: The Cooperative Forestry Assistance Act of 1978, Section 7(b)(3), 16USC2106(b)(3), as amended, authorized and directed the Secretary of Agriculture to provide financial, technical and related assistance to State Foresters or equivalent State officials in cooperative efforts to organize, train and equip fire agencies in rural areas and communities under 10,000 population to prevent and suppress fires.
B) Statutory Authority: Implementing and authorized by Sections 63a8 and 63c of the Civil Administrative Code of Illinois [20 ILCS 805/63a8 and 63c].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information:
ILLINOIS REGISTER 670
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
aa) Part(s) (Heading and Code Citation):
1) Rulemaking: Wrongful Tree Cutting - 17 Ill. Adm. Code 1585
A) Description: This Part contains the regulations for enforcement of the Wrongful Tree Cutting Act.
B) Statutory Authority: Implementing and authorized by the Wrongful Tree Cutting Act [740 ILCS 185].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None bb) Part(s) (Heading and Code Citation):
1) Rulemaking: Falconry and the Captive Propagation of Raptors – 17 Ill. Adm. Code 1590
A) Description: This Part contains regulations for the possession and/or training of raptors, and for the issuance of licenses or permits to practice falconry and for captive propagation of raptors.
ILLINOIS REGISTER 671
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by the Timber Buyers Licensing Act [225 ILCS 735].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
cc) Part(s) (Heading and Code Citation):
1) Rulemaking: Boat and Snowmobile Registration and Safety - 17 Ill. Adm. Code 2010
A) Description: This Part contains regulations for administration of the Boat Registration and Safety Act and the Snowmobile Registration and Safety Act.
B) Statutory Authority: Implementing and authorized by Sections 3- 1, 3-2, 3-3, 4-1 and 9-1 of the Boat Registration and Safety Act [625 ILCS 45/3-1, 3-2, 3-3, 4-1 and 9-1] and the Snowmobile Registration and Safety Act [625 ILCS 40].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
ILLINOIS REGISTER 672
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
dd) Part(s) (Heading and Code Citation):
1) Rulemaking: Capacity Plates Standards on Various Watercraft - 17 Ill. Adm. Code 2070
A) Description: This Part prescribes the methods approved by the Department of Natural Resources for determining the weight- carrying capacity of every vessel subject to the provisions of Section 5-4 and Section 7-3 of the Boat Registration and Safety Act as amended [625 ILCS 45/5-4 and 7-3], and the method for determining the maximum horsepower of outboard motors for all vessels designed or represented by the manufacturer as being suitable for use with outboard motor(s).
B) Statutory Authority: Implementing Section 5-4 and authorized by Sections 8-3 and 9-1 of the Boat Registration and Safety Act [625 ILCS 45/5-4, 8-3 and 9-1].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 673
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
ee) Part(s) (Heading and Code Citation):
1) Rulemaking: Consignment of Licenses, Stamps and Permits - 17 Ill. Adm. Code 2520
A) Description: This Part contains the regulations for designation of agents to sell the Department's licenses, stamps and permits.
B) Statutory Authority: Implementing and authorized by Sections 1.4, 3.1, 3.2, 3.37, 3.38 and 3.39 of the Wildlife Code [520 ILCS 5/1.4, 3.1, 3.2, 3.37, 3.38 and 3.39] and Sections 1-125, 20-5, 20-10, 20- 30, 20-45, 20-55 and 20-120 of the Fish and Aquatic Life Code [515 ILCS 5/1-125, 20-5, 20-10, 20-30, 20-45, 20-55 and 20-120].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ff) Part(s) (Heading and Code Citation):
1) Rulemaking: Department Revocation Procedures - 17 Ill. Adm. Code 2530
A) Description: The rules in this Part govern the practices and procedures related to formal hearings conducted under the jurisdiction of the Department of Natural Resources, including but not limited to, hearings conducted for rulemaking, contested cases and revocation of licenses.
ILLINOIS REGISTER 674
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by Section 20- 105 of the Fish and Aquatic Life Code of 1971 [515 ILCS 5/20- 105], Section 3.36 of the Wildlife Code [520 ILCS 5/3.36], Sections 4 and 5 of the Illinois Endangered Species Protection Act [520 ILCS 10/4 and 5], Section 3B-8 of the Boat Registration and Safety Act [625 ILCS 45/3B-8] and the Illinois Administrative Procedure Act [5 ILCS 100] and authorized by Section 5-625 of the Civil Administrative Code of Illinois [20 ILCS 5/5-625], Section 1.5 of the Fish and Aquatic Life Code of 1971 [515 ILCS 5/1.5] and Section 1.4 of the Wildlife Code [520 ILCS 5/1.4].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
gg) Part(s) (Heading and Code Citation):
1) Rulemaking: Interstate Wildlife Violator Compact - 17 Ill. Adm. Code 2535
A) Description: Proposed Rule. Rules for entering into interstate compacts concerning conservation law violators with one or more other states.
B) Statutory Authority: 20 ILCS 805/805-545
C) Scheduled meeting/hearing dates: None
ILLINOIS REGISTER 675
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
hh) Part(s) (Heading and Code Citation):
1) Rulemaking: Relocation Assistance and Payments Program - 17 Ill. Adm. Code 2575
A) Description: The purpose of this Part is to provide for relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced as a result of the acquisition of land for State conservation projects.
B) Statutory Authority: Implementing and authorized by Sections 1 through 5 of the Displaced Person Relocation Act [310 ILCS 40/1- 5], Section 3 of the State Forest Act [525 ILCS 40/3], Section 2 of the State Parks Act [20 ILCS 835/2], Section 1.9 of the Wildlife Code [520 ILCS 5/1.9] and Section 7.05 of the Illinois Natural Areas Preservation Act [525 ILCS 30/7.05].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way
ILLINOIS REGISTER 676
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ii) Part(s) (Heading and Code Citation):
1) Rulemaking: Advertising in Department Publications - 17 Ill. Adm. Code 2650
A) Description: This Part contains regulations for advertising by the public in Department publications.
B) Statutory Authority: Implementing and authorized by Section 63b2.4 of the Civil Administrative Code of Illinois (Part 13.5) [20 ILCS 805/63b2.4].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: March 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
jj) Part(s) (Heading and Code Citation):
1) Rulemaking: Illinois Snowmobile Grant Program - 17 Ill. Adm. Code 3010
A) Description: The purpose of the program is to provide financial assistance to eligible local units of government to assist them in the
ILLINOIS REGISTER 677
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
purchase, construction, maintenance and rehabilitation of public snowmobile areas, trails and facilities in Illinois.
B) Statutory Authority: Implementing and authorized by Sections 8-1 and 9-1 of the Snowmobile Registration and Safety Act [625 ILCS 40/8-1 and 9-1].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: January 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
kk) Part(s) (Heading and Code Citation):
1) Rulemaking: Snowmobile Trail Establishment Fund Grant Program - 17 Ill. Adm. Code 3020
A) Description: Implementing and authorized by Sections 8-1 and 9-1 of the Snowmobile Registration and Safety Act [625 ILCS 40/8-1 and 9-1].
B) Statutory Authority: Implementing and authorized by Sections 9-1 and 9-2 of the Snowmobile Registration and Safety Act [625 ILCS 40/9-1 and 9-2].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
ILLINOIS REGISTER 678
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ll) Part(s) (Heading and Code Citation):
1) Rulemaking: Open Space Lands Acquisition and Development Grant Program - 17 Ill. Adm. Code 3025
A) Description: The Open Space Lands Acquisition and Development Act (OSLAD) provides for grants to be disbursed by the Department of Natural Resources (Department) to eligible local governments for the purpose of acquiring, developing and/or rehabilitating lands for public outdoor recreation purposes.
B) Statutory Authority: Implementing and authorized by the Open Space Lands Acquisition and Development Act [525 ILCS 35].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 679
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
mm) Part(s) (Heading and Code Citation):
1) Rulemaking: Land and Water Conservation Fund (LWCF) Grant Program - 17 Ill. Adm. Code 3030
A) Description: This Part contains regulations for administration of the Land and Water Conservation Fund Grant Program.
B) Statutory Authority: Implementing and authorized by the Outdoor Recreation Resources Act [20 ILCS 860]and the Land and Water Conservation Fund Program (36 CFR 50).
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
nn) Part(s) (Heading and Code Citation):
1) Rulemaking: Boat Access Area Development Program - 17 Ill. Adm. Code 3035
A) Description: The purpose of the Boat Access Area Development Program is to provide financial assistance to Local Agencies to encourage the development, improvement and expansion of public boat access areas in Illinois.
B) Statutory Authority: Implementing and authorized by Section 63a25 of the Civil Administrative Code [20 ILCS 805/63a25] and
ILLINOIS REGISTER 680
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Section 10-1 of the Boat Registration and Safety Act [625 ILCS 45/10-1].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
oo) Part(s) (Heading and Code Citation):
1) Rulemaking: Illinois Bicycle Path Grant Program - 17 Ill. Adm. Code 3040
A) Description: The purpose of the program is to provide financial assistance to eligible local units of government to assist them in the acquisition, construction, and rehabilitation of public off-road, non-motorized bicycle paths and directly related facilities (such as signs, drinking water, rest rooms) in Illinois. Bicycle routes/lanes sharing existing roadway surfaces are not eligible for funding assistance under this program.
B) Statutory Authority: The purpose of the program is to provide financial assistance to eligible local units of government to assist them in the acquisition, construction, and rehabilitation of public off-road, non-motorized bicycle paths and directly related facilities (such as signs, drinking water, rest rooms) in Illinois. Bicycle routes/lanes sharing existing roadway surfaces are not eligible for funding assistance under this program.
C) Scheduled meeting/hearing dates: None
ILLINOIS REGISTER 681
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
pp) Part(s) (Heading and Code Citation):
1) Rulemaking: Off-Highway Vehicle Recreational Trails Grant Program - 17 Ill. Adm. Code 3045
A) Description: The intent of the grant program is to provide financial aid to government agencies, not-for-profit organizations, and other eligible groups or individuals as noted in Section 3045.20 to develop, operate, maintain, and acquire land for off- highway vehicle parks, trailside facilities and trails that are open and accessible to the public in Illinois, as well as maintenance and repair of the parks, trails and trailside facilities. Funds for the grant program are derived from revenue generated in the Off- Highway Vehicle Trails Fund, a special fund in the State Treasury.
B) Statutory Authority: Implementing and authorized by Section 15 of the Recreational Trails of Illinois Act [20 ILCS 862/15].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information:
ILLINOIS REGISTER 682
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
qq) Part(s) (Heading and Code Citation):
1) Rulemaking: Open Land Trust Grant Program - 17 Ill. Adm. Code 3050
A) Description: The Open Land Trust Act (OLT) provides for grants to be disbursed by the Department of Natural Resources (Department) to eligible local governments for the purpose of acquiring lands for the protection of lakes, rivers, streams, open space, parks, natural lands, wetlands, prairies, forests, watersheds, resource-rich areas, greenways, significant fish and wildlife resources, and endangered or threatened species habitat, and for public outdoor natural resource related recreation purposes.
B) Statutory Authority: Implementing and authorized by the Open Land Trust Act [525 ILCS 33].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Yes
F) Agency contact person for information: Name: Jack Price Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
rr) Part(s) (Heading and Code Citation):
ILLINOIS REGISTER 683
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
1) Rulemaking: Construction in Floodways of Rivers, Lakes and Streams - 17 Ill. Adm. Code 3700
A) Description: The regulations in this Part protect the rights, safety and welfare of private and public landowners by the regulation of floodway development.
B) Statutory Authority: Implementing and authorized by Sections 23, 29a and 30 of the Rivers, Lakes and Streams Act [615 ILCS 5/23, 29a and 30].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Robert Mool Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ss) Part(s) (Heading and Code Citation):
1) Rulemaking: Regulation of Public Waters - 17 Ill. Adm. Code 3704
A) Description: The purpose of this Part is to protect the public's interests, rights, safety and welfare in the State's public bodies of water.
B) Statutory Authority: Implementing and authorized by the Rivers, Lakes and Streams Act [615 ILCS 5].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: April 2003
ILLINOIS REGISTER 684
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Robert Mool Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
tt) Part(s) (Heading and Code Citation):
1) Rulemaking: Regulation of Construction Within Flood Plains - 17 Ill. Adm. Code 3706
A) Description: This Part authorizes the Department of Natural Resources to define flood plains and to establish a permit procedure for regulating construction within such defined flood plains
B) Statutory Authority: Implementing and authorized by the Rivers, Lakes and Streams Act [615 ILCS 5].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Robert Mool Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 685
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
uu) Part(s) (Heading and Code Citation):
1) Rulemaking: Floodway Construction in Northeastern Illinois - 17 Ill. Adm. Code 3708
A) Description: The purpose of this Part is to provide rules governing construction and filling in the regulatory floodway of rivers, lakes and streams of Cook, DuPage, Kane, Lake, McHenry and Will Counties, excluding the City of Chicago.
B) Statutory Authority: Implementing and authorized by Section 18g of the Rivers, Lakes and Streams Act [615 ILCS 5/18g].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Robert Mool Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
vv) Part(s) (Heading and Code Citation):
1) Rulemaking: Rules Establishing Horizontal and Vertical Clearances for Bridges Over the Fox River - 17 Ill. Adm. Code 3720
A) Description: This Part establishes construction requirements for the bridges over the Fox River.
B) Statutory Authority: Implementing and authorized by the Rivers, Lakes and Streams Act [615 ILCS 5].
C) Scheduled meeting/hearing dates: None
ILLINOIS REGISTER 686
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Robert Mool Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ww) Part(s) (Heading and Code Citation): Permanent Program Performance Standards – Surface Mining Activities; 62 Ill. Adm. Code 1816
1) Rulemaking:
A) Description: This Part is being amended to reflect an updated reference which is used in the Agricultural Land Productivity Formula (ALPF). ALPF is used to test the crop productivity success of mines areas
B) Statutory Authority: Implementing and authorized by the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720]
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: None
F) Agency contact person for information: Name: Karen Jacobs Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
ILLINOIS REGISTER 687
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
G) Related rulemakings and other pertinent information: None xx) Part(s) (Heading and Code Citation): The Forest Products Transportation Act; 17 Ill. Adm. Code 1530
1) Rulemaking:
A) Description: This Part protects the rights of owners of trees and forest products, as well as the interests of the public in trees and forest products on public lands, via requiring “proof of ownership” for trees and forest products hauled within this state.
B) Statutory Authority: Implementing and authorized by the Forest Products Transportation Act [225 ILCS 740]
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Timber buyers/timber haulers will have minimal impact.
F) Agency contact person for information: Name: Karen Jacobs Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
yy) Part(s) (Heading and Code Citation): Timber Buyer Licensing and Harvest Fees; 17 Ill. Adm. Code 1535
1) Rulemaking:
A) Description: This part outlines procedures for timber buyer licensing, bonding, recordkeeping and timber value determinations.
ILLINOIS REGISTER 688
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by the Timber Buyers Licensing Act [225 ILCS 735]. C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: February 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Timber buyers will have minimal impact.
F) Agency contact person for information: Name: Karen Jacobs Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
zz) Part(s) (Heading and Code Citation): The Illinois Explosives Act; 62 Ill. Adm. Code 200
1) Rulemaking:
A) Description: This Part is being amended to update statutory citations to be consistent with the Federal statutes.
B) Statutory Authority: Implementing and authorized by the Illinois Explosives Act [225 ILCS 210]
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Companies handling explosives will be minimally impacted.
F) Agency contact person for information: Name: Cindy Bushur-Hallam Address: One Natural Resources Way Springfield, IL 62702-1271
ILLINOIS REGISTER 689
DEPARTMENT OF NATURAL RESOURCES
JANUARY 2003 REGULATORY AGENDA
Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
aaa) Part(s) (Heading and Code Citation): Surfaced Mined Land Conservation and Reclamation Act; 62 Ill. Adm. Code 300
1) Rulemaking:
A) Description: This Part is being amended to address minor changes to NOV assessments.
B) Statutory Authority: Implementing and authorized by the Surface Mined Land Conservation and Reclamation Act [225 ILCS 715].
C) Scheduled meeting/hearing dates: None
D) Date agency anticipates First Notice: May 2003
E) Affect on small businesses, small municipalities or not for profit corporations: Aggregate operators will be minimally impacted.
F) Agency contact person for information: Name: Cindy Bushur-Hallam Address: One Natural Resources Way Springfield, IL 62702-1271 Telephone: 217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 690
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA a) Part(s) (Heading and Code Citation): Acupuncture Practice Act (68 Ill. Adm. Code 1140)
1) Rulemaking:
A) Description: Various sections need to be revised due to PA 92-70, providing for continuing education and restoration of licenses.
B) Statutory Authority: [225 ILCS 2]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations: Licensed acupuncturists may be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None.
b) Part(s) (Heading and Code Citation): Illinois Architecture Practice Act of 1989 (68 Ill. Adm. Code 1150)
1) Rulemaking:
A) Description: Technical revisions.
B) Statutory Authority: [225 ILCS 305]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: February 2003
ILLINOIS REGISTER 691
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not for profit corporations: Licensed architects may be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. c) Part(s) (Heading and Code Citation): Illinois Athletic Trainers Practice Act (68 Ill. Adm. Code 1160)
1) Rulemaking:
A) Description: The rules are being amended to clarify supervision, allow Emergency Medical Technician certification courses to count toward continuing education and other technical revisions.
B) Statutory Authority: [225 ILCS 5]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations: Licensed athletic trainers may be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
ILLINOIS REGISTER 692
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
G) Related rulemakings and other pertinent information: None.
d) Part(s) (Heading and Code Citation): Electrology Act (New Part)
1) Rulemaking:
A) Description: A new Part will be written to implement this Act. The Department is required to promulgate rules requiring the licensure of electrologists, including a schedule of fees for the administration and enforcement of the Act. When the rules are adopted, the Department can start accepting applications.
B) Statutory Authority: [225 ILCS number to be determined]
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 providing electrolysis services will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. e) Part(s) (Heading and Code Citation): Funeral Directors and Embalmers Licensing Code (68 Ill. Adm. Code 1250)
1) Rulemaking:
ILLINOIS REGISTER 693
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
A) Description: Various technical changes resulting from PA 92-641, the sunset reauthorization of the Act.
B) Statutory Authority: [225 ILCS 41]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations: Licensed funeral directors and embalmers could be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. f) Part(s) (Heading and Code Citation): Humane Euthanasia in Animal Shelters Act (New Part)
1) Rulemaking:
A) Description: A new Part will be written to implement this Act. The Department is required to promulgate rules requiring the certification of euthanasia agencies and euthanasia technicians, including a schedule of fees for the administration and enforcement of the Act, PA 92-449. When the rules are adopted, the Department can start accepting applications.
B) Statutory Authority: [225 ILCS number to be determined]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: Unknown
ILLINOIS REGISTER 694
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not for profit corporations: Those wishing to be certified to administer euthanasia to animals will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. g) Part(s) (Heading and Code Citation): Interior Design Profession Title Act (68 Ill. Adm. Code 1255)
1) Rulemaking:
A) Description: Various Sections will be amended to address inconsistencies and technical problems and any other changes as may be needed as a result of PA 92-104, the sunset reauthorization of the Act.
B) Statutory Authority: [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 designers will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786
ILLINOIS REGISTER 695
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. h) Part(s) (Heading and Code Citation): Massage Therapy Act (New Part)
1) Rulemaking:
A) Description: A new Part will be written to implement this Act. The Department is required to promulgate rules requiring the licensure of massage therapists, including a schedule of fees for the administration and enforcement of the Act. When the rules are adopted, the Department can start accepting applications.
B) Statutory Authority: [225 ILCS number to be determined]
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 providing massage therapy services will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. i) Part(s) (Heading and Code Citation): Medical Practice Act of 1987 (68 Ill. Adm. Code 1285)
1) Rulemaking:
ILLINOIS REGISTER 696
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
A) Description: Technical revisions to various sections will be made.
B) Statutory Authority: [225 ILCS 425]
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: None
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. j) Part(s) (Heading and Code Citation): Naprapathic Practice Act (68 Ill. Adm. Code 1295)
1) Rulemaking:
A) Description: Various technical changes resulting from PA 92-655, the sunset reauthorization of the Act.
B) Statutory Authority: [225 ILCS 25]
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 naprapaths will be affected.
F) Agency contact person for information:
ILLINOIS REGISTER 697
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. k) Part(s) (Heading and Code Citation): Nursing Home Administrators Licensing and Disciplinary Act (68 Ill. Adm. Code 1310)
1) Rulemaking:
A) Description: Various technical changes will be made to the Rules so that they are consistent with the Act.
B) Statutory Authority: [225 ILCS 70]
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 nursing home administrators will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. l) Part(s) (Heading and Code Citation): Illinois Occupational Therapy Practice Act (68 Ill. Adm. Code 1315)
1) Rulemaking:
ILLINOIS REGISTER 698
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
A) Description: Continuing education and restoration will be addressed.
B) Statutory Authority: [225 ILCS 75]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations: Occupational therapists and occupational therapy assistants will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. m) Part(s) (Heading and Code Citation): Optometric Practice Act of 1987 (68 Ill. Adm. Code 1320)
1) Rulemaking:
A) Description: Technical revisions to various sections may be made.
B) Statutory Authority: [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.
ILLINOIS REGISTER 699
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. n) Part(s) (Heading and Code Citation): Perfusionist Practice Act (68 Ill. Adm. Code 1335)
1) Rulemaking:
A) Description: The grandfather period will be extended.
B) Statutory Authority: [225 ILCS 125]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations:
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. o) Part(s) (Heading and Code Citation): Professional Engineering Practice Act of 1989 (68 Ill. Adm. Code 1380)
1) Rulemaking:
ILLINOIS REGISTER 700
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
A) Description: Technical revisions may be made.
B) Statutory Authority: [225 ILCS 325]
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 professional engineers will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. p) Part(s) (Heading and Code Citation): Illinois Certified Shorthand Reporters Act of 1984 (68 Ill. Adm. Code 1200)
1) Rulemaking:
A) Description: The examination retake requirements will be amended.
B) Statutory Authority: [225 ILCS 415]
C) Schedule meeting/hearing date: No hearings or meetings have been scheduled.
D) Date agency anticipates First Notice: January 2003
E) Effect on small businesses, small municipalities or not for profit corporations: Certified shorthand reporters may be affected.
ILLINOIS REGISTER 701
DEPARTMENT OF PROFESSIONAL REGULATION
JANUARY 2003 REGULATORY AGENDA
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None. q) Part(s) (Heading and Code Citation): Illinois Speech-Language Pathology and Audiology Practice Act (68 Ill. Adm. Code 1465)
1) Rulemaking:
A) Description: The Speech-Language Pathology and Audiology rules will be updated to conform to PA 92-510, providing for the licensure of speech language pathology assistants.
B) Statutory Authority: [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 and those wishing to be licensed as assistants will be affected.
F) Agency contact person for information:
Department of Professional Regulation Attention: Barb Smith 320 West Washington, 3rd Floor Springfield, IL 62786 217/785-0813 Fax: 217/782-7645
G) Related rulemakings and other pertinent information: None.
ILLINOIS REGISTER 702
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
NOTICE OF PUBLIC INFORMATION
ANNUAL PLAN OF THE ADVISORY COMMISSION
The Illinois Affordable Housing Act (310 ILCS 65/1 et seq. the "Act") established the Illinois Affordable Housing Program (the "Program") to provide affordable housing to low and very low income persons and families. The Act established the Illinois Affordable Housing Trust Fund (the "Trust Fund") within which is deposited 50% of the collections from the State real estate transfer tax. The Trust Fund monies fund the Program.
Funds are distributed and made available under the Program the Housing Trust Fund ("HTF") Program which has been in operation since the establishment of the Program provides subordinate gap financing or grants in a maximum amount of generally not to exceed $750,000 per applicant per project. In 1994, the Authority created the Trust Fund Bond (TFB) Program. The TFB Program was created by leveraging Trust Fund monies to securitize and collateralize private taxable bond issues. The Bonds were sold in two funds. Funds from the sale of the bonds were then used to provide first mortgage loans to eligible developers of multi-family developments. No additional Bond sales are planned.
The Act creates an Advisory Commission (the "Commission") to advise the Illinois Housing Development Authority (the "Authority") as to the operation of the Program. The Act provides that the Commission carry out certain responsibilities, including, the development and publication of a plan. Section 17(a) of the Act requires the Commission to prepare and publish in the Illinois Register a plan which describes the available resources to the Program, the application process for the Program, and the initial priorities for expenditure of the available resources. Pursuant to Section 17(a) of the Act, the Advisory Commission to the Illinois Affordable Housing Program has prepared the following plan.
I. Available Resources
Based on a review of the Program and projections by the Illinois Department of Revenue, the monies available to be spent on the Program in fiscal year 2003 shall be approximately $35 million. Of the total monies available, approximately $5.3 million has been pledged to the TFB Program.
II. Application Process
The applicant must first complete an application form created by the Authority. The application requests, among other things, the following information:
a. A general description of the proposed project.
ILLINOIS REGISTER 703
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
NOTICE OF PUBLIC INFORMATION
b. The total number of units, total number of low and very low income units, unit size and mix, and the respective rents or purchase prices to be charged.
c. A breakdown of the project budget's uses and sources.
d. A development plan which outlines the project's completion schedule and identifies the project's participants and anticipated funding sources.
e. The background, housing experience, and financial status of the applicant.
The Authority charges a $250 application fee to non-profit organizations and $525 to for-profits which must accompany the HTF application.
After the applicant submits the application, the Authority will review it to determine whether the project, as proposed, satisfies the purposes and requirements of the Act and the Rules promulgated thereunder. The Authority will notify the applicant within approximately 30 days if the application fails to meet these requirements. If the application meets these basic requirements the Authority staff, in cooperation with the applicant, will establish and obtain the additional information necessary to properly evaluate the project. The Authority staff will then analyze the project's feasibility. Based on this analysis, the Authority will make its recommendation to the Commission. Prior to the Commission review, the Authority will notify parties interested in the application, including local officials, of the details of the project. The recommendations of the Authority staff together with those of the Commission will then be presented to the Authority's Board of Directors (the "Board") for approval consideration. Upon approval by the Board, the Authority staff will deliver a conditional commitment to the applicant.
III. Priorities
The following statement represents the initial priorities for the evaluation of Program applications. The priorities and goals stated below represent guidelines to be followed in evaluating applications and are not intended to be exhaustive. The Commission may modify these priorities and goals as the Program evolves.
a) Priority should be given to those HTF applications which demonstrate that the applicant has explored and exhausted other available public and private resources.
b) Priority should be given to those projects which provide the most affordable housing for the longest period of time, with a goal of ensuring that some Trust Fund monies be directed to the lowest income population.
ILLINOIS REGISTER 704
ILLINOIS HOUSING DEVELOPMENT AUTHORITY
NOTICE OF PUBLIC INFORMATION
c) The Program should ensure an equitable distribution of Trust Fund monies across the State by establishing a goal of funding a proportionate number of units in the Chicago metropolitan area, other metropolitan areas and rural areas as compared to those area's percentage of State population.
ILLINOIS ADMINISTRATIVE CODE Issue Index Rules acted upon in Volume 27, Issue 2 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquires about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18. PROPOSED RULES 32 - 340 Emergency...... 614 80 - 3000 ...... 386 17 - 3030 Proposed...... 614 89 - 406 ...... 388 89 - 140 Emergency...... 614 14 - 300 ...... 438 80 - 310 Peremptory...... 614 26 - 201 ...... 440 17 - 1523 Proposed...... 614 26 - 216 ...... 441 38 - 375 Proposed...... 614 68 - 1160 ...... 450 80 - 310 Proposed...... 614 68 - 1200 ...... 464 80 - 310 Proposed...... 614 68 - 1250 ...... 470 89 - 300 Proposed...... 614 68 - 1335 ...... 482 89 - 431 Proposed...... 614 89 - 148 ...... 484 17 - 570 Proposed...... 614 ADOPTED RULES 89 - 140 Proposed...... 614 38 - 375 ...... 487 17 - 1522 Proposed...... 614 89 - 401 ...... 494 77 - 330 Proposed...... 614 89 - 404 ...... 508 17 - 525 Proposed...... 614 41 - 120 ...... 518 35 - 201 Proposed...... 614 17 - 525 ...... 525 89 - 148 Emergency...... 614 11 - 510 ...... 533 89 - 140 Proposed...... 614 86 - 460 ...... 542 89 - 140 Proposed...... 614 14 - 150 ...... 550 77 - 300 Proposed...... 614 11 - 1415 ...... 838 17 - 635 Proposed...... 614 EMERGENCY RULES 89 - 240 Response...... 614 80 - 3000...... 557 8 - 85 Response...... 614 14 - 300...... 563 68 - 1410 Emergency Response...... 614 68 - 1335...... 576 17 - 635 Response...... 614 89 - 148 - 126...... 580 68 - 1150 Response...... 614 77 - 690...... 592 89 - 340 Proposed...... 614 NOTICE OF CORRECTIONS 14 - 130 ...... 604 11 - 311 Emergency...... 614 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA SECOND NOTICES RECEIVED 59 - 115 ...... 620 77 - 350 Proposed...... 614 26 - 100 ...... 620 23 - 3020 Proposed...... 614 14 - 520 ...... 620 68 - 1305 Emergency ...... 614 47 - 120 ...... 620 77 - 390 Proposed ...... 614 47 - 100 ...... 620 92 - 1030 Proposed...... 614 89 - 121 ...... 620 92 - 1040 Proposed ...... 614 26 - 125 ...... 620 41 - 120 Proposed ...... 614 14 - 520 ...... 620 80 - 1650 Proposed ...... 614 EXECUTIVE ORDERS AND PROCLAMATIONS 80 - 310 Emergency ...... 614 03 - 2 ...... 622 77 - 340 Proposed ...... 614 03 - 1 ...... 622
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Rules acted upon in Volume 27, Issue 2 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquires about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18. 03 - 3 ...... 623 17 - 115 ...... 652 03 - 4 ...... 624 17 - 2530 ...... 652 03 - 5 ...... 624 4 - 1000 ...... 652 03 - 6 ...... 625 2 - 825 ...... 652 03 - 7 ...... 626 17 - 390 ...... 652 03 - 8 ...... 627 17 - 150 ...... 652 03 - 9 ...... 628 17 - 1070 ...... 652 03 - 10 ...... 629 17 - 370 ...... 652 REGULATORY AGENDA 17 - 1075 ...... 652 83 - 790 ...... 630 17 - 170 ...... 652 83 - 730 ...... 630 17 - 230 ...... 652 83 - 791 ...... 630 17 - 220 ...... 652 83 - 792 ...... 630 17 - 515 ...... 652 83 - 285 ...... 630 17 - 210 ...... 652 23 - 27 ...... 637 17 - 960 ...... 652 23 - 228 ...... 637 17 - 140 ...... 652 23 - 240 ...... 637 62 - 1816 ...... 652 4 - 900 ...... 640 62 - 300 ...... 652 2 - 2675 ...... 640 62 - 200 ...... 652 80 - 1125 ...... 640 17 - 1530 ...... 652 80 - 1105 ...... 640 17 - 2535 ...... 652 80 - 1110 ...... 640 17 - 3720 ...... 652 80 - 1120 ...... 640 17 - 3708 ...... 652 80 - 1135 ...... 640 17 - 3706 ...... 652 80 - 1130 ...... 640 17 - 3704 ...... 652 80 - 1100 ...... 640 17 - 3700 ...... 652 2 - 2676 ...... 640 17 - 3010 ...... 652 47 - 355 ...... 651 17 - 1535 ...... 652 17 - 1570 ...... 652 17 - 3050 ...... 652 17 - 1090 ...... 652 17 - 2650 ...... 652 17 - 1510 ...... 652 17 - 3020 ...... 652 17 - 1537 ...... 652 17 - 3025 ...... 652 17 - 1538 ...... 652 17 - 3030 ...... 652 17 - 1539 ...... 652 17 - 3035 ...... 652 17 - 1540 ...... 652 17 - 3040 ...... 652 17 - 1560 ...... 652 17 - 3045 ...... 652 17 - 745 ...... 652 17 - 2575 ...... 652 17 - 1585 ...... 652 68 - 1380 ...... 690 17 - 1590 ...... 652 68 - 1255 ...... 690 17 - 2010 ...... 652 68 - 1140 ...... 690 17 - 2070 ...... 652 68 - 1150 ...... 690 17 - 2520 ...... 652 68 - 1160 ...... 690 17 - 1545 ...... 652 68 - 1250 ...... 690
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Rules acted upon in Volume 27, Issue 2 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquires about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18. 68 - 1285 ...... 690 68 - 1295 ...... 690 68 - 1310 ...... 690 68 - 1315 ...... 690 68 - 1335 ...... 690 68 - 1200 ...... 690 68 - 1320 ...... 690
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