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RULES ILLINOISOF GOVERNMENTAL REGISTER AGENCIES Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017 www.cyberdriveillinois.com Printed on recycled paper PUBLISHED BY JESSE WHITE • SECRETARY OF STATE TABLE OF CONTENTS November 30, 2012 Volume 36, Issue 48 PROPOSED RULES HUMAN SERVICES, DEPARTMENT OF Sex Equity 89 Ill. Adm. Code 829..........................................................................16614 NATURAL RESOURCES, DEPARTMENT OF Public Use of State Parks and Other Properties of the Department of Natural Resources 17 Ill. Adm. Code 110.........................................................................16629 Sport Fishing Regulations for the Waters of Illinois 17 Ill. Adm. Code 810.........................................................................16635 The Taking of Reptiles and Amphibians 17 Ill. Adm. Code 880.........................................................................16733 PUBLIC HEALTH, DEPARTMENT OF Newborn Metabolic Screening and Treatment Code 77 Ill. Adm. Code 661.........................................................................16738 SECRETARY OF STATE Department of Personnel 80 Ill. Adm. Code 420.........................................................................16743 ADOPTED RULES CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Reports of Child Abuse and Neglect 89 Ill. Adm. Code 300.........................................................................16756 EMERGENCY MANAGEMENT AGENCY, ILLINOIS Radiological Protection (Repealer) 29 Ill. Adm. Code 320.........................................................................16777 Administrative Hearings 32 Ill. Adm. Code 200.........................................................................16780 STATE BOARD OF ELECTIONS Personnel 26 Ill. Adm. Code 212.........................................................................16785 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT PUBLIC HEALTH, DEPARTMENT OF Structural Pest Control Code 77 Ill. Adm. Code 830.........................................................................16791 NOTICE OF MODIFICATION TO MEET THE OBJECTION OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Medical Payment 89 Ill. Adm. Code 140.........................................................................16793 Hospital Services 89 Ill. Adm. Code 148.........................................................................16794 i WITHDRAWAL OF FILING PROHIBITION OF PROPOSED RULEMAKING COMMERCE COMMISSION, ILLINOIS Obligations of Retail Electric Suppliers 83 Ill. Adm. Code 412.........................................................................16796 NOTICES REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Notice of Public Information......................................................................16797 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices............................................................................................16799 ii INTRODUCTION The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category. Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register. The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings. The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.]. ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2012 Issue # Rules Due Date Date of Issue 1 December 27, 2011 January 6, 2012 2 January 3, 2012 January 13, 2012 3 January 9, 2012 January 20, 2012 4 January 17, 2012 January 27, 2012 5 January 23, 2012 February 3, 2012 6 January 30, 2012 February 10, 2012 7 February 6, 2012 February 17, 2012 8 February 14, 2012 February 24, 2012 9 February 21, 2012 March 2, 2012 10 February 27, 2012 March 9, 2012 11 March 5, 2012 March 16, 2012 12 March 12, 2012 March 23, 2012 13 March 19, 2012 March 30, 2012 14 March 26, 2012 April 6, 2012 15 April 2, 2012 April 13, 2012 16 April 9, 2012 April 20, 2012 17 April 16, 2012 April 27, 2012 18 April 23, 2012 May 4, 2012 19 April 30, 2012 May 11, 2012 iii 20 May 7, 2012 May 18, 2012 21 May 14, 2012 May 25, 2012 22 May 21, 2012 June 1, 2012 23 May 29, 2012 June 8, 2012 24 June 4, 2012 June 15, 2012 25 June 11, 2012 June 22, 2012 26 June 18, 2012 June 29, 2012 27 June 25, 2012 July 6, 2012 28 July 2, 2012 July 13, 2012 29 July 9, 2012 July 20, 2012 30 July 16, 2012 July 27, 2012 31 July 23, 2012 August 3, 2012 32 July 30, 2012 August 10, 2012 33 August 6, 2012 August 17, 2012 34 August 13, 2012 August 24, 2012 35 August 20, 2012 August 31, 2012 36 August 27, 2012 September 7, 2012 37 September 4, 2012 September 14, 2012 38 September 10, 2012 September 21, 2012 39 September 17, 2012 September 28, 2012 40 September 24, 2012 October 5, 2012 41 October 1, 2012 October 12, 2012 42 October 9, 2012 October 19, 2012 43 October 15, 2012 October 26, 2012 44 October 22, 2012 November 2, 2012 45 October 29, 2012 November 9, 2012 46 November 5, 2012 November 16, 2012 47 November 13, 2012 November 26, 2012 48 November 19, 2012 November 30, 2012 49 November 26, 2012 December 7, 2012 50 December 3, 2012 December 14, 2012 51 December 10, 2012 December 21, 2012 52 December 17, 2012 December 28, 2012 Editor's Note: The Secretary of State Index Department is providing this opportunity to remind you that the next filing period for your Regulatory Agenda will occur from October 15, 2012 to January 2, 2013. iv ILLINOIS REGISTER 16614 12 DEPARTMENT OF HUMAN SERVICES NOTICE OF PROPOSED AMENDMENTS 1) Heading of the Part: Sex Equity 2) Code Citation: 89 Ill. Adm. Code 829 3) Section Numbers: Proposed Action: 829.10 Amendment 829.20 Amendment 829.30 Amendment 829.40 Amendment 829.50 Amendment 829.70 Amendment 829.80 Amendment 829.90 Amendment 829.100 Amendment 4) Statutory Authority: Implementing Sections 10 and 11 and authorized by Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10, 11 and 3(f)] 5) A Complete Description of the Subjects and Issues Involved: This rulemaking pertains to the Department of Human Services, Rehabilitation Services, regarding equality of both sexes at the residential school facilities. This rulemaking is a result of updating all school rules to insure that language is consistent with current terminology and program practices. The revisions include: Changing "Office" to "Division"; "ORS" to "DRS"; and add "DRS" to "DHS" when appropriate; Changing "Vocational and Career Education" to "Technical and Career Education"; and Removing Section 829.100 (a) as a result of a labor relations finding. 6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None 7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No ILLINOIS REGISTER 16615 12 DEPARTMENT OF HUMAN SERVICES NOTICE OF PROPOSED AMENDMENTS 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This rulemaking does not create or expand a State mandate. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning this rulemaking within 45 days of the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to: Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield, Illinois 62762 217/557-1544 13) 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: Educators at the School for the Deaf and the School for the Visually Impaired are required to have appropriate certifications to teach students at each school. 14) Regulatory Agenda on which this rulemaking was summarized: July 2012 The full text of the Proposed Amendments begins on the next page: ILLINOIS REGISTER 16616 12 DEPARTMENT OF HUMAN SERVICES NOTICE OF PROPOSED AMENDMENTS TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER f: EDUCATIONAL FACILITIES PART 829 SEX EQUITY Section 829.10 Definitions 829.20 Applicability 829.30 Administration 829.40 Treatment of Students 829.50 Educational Programs and Activities 829.60 Counseling