The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois develop and promulgate administrative rules. Section 1-75 of the APA outlines the requirements for the publication of rules. When an agency proposes to adopt a new rule or amend an existing one, it must publish a notice of rulemaking in the Illinois Register. This notice serves as a public announcement and provides interested parties with an opportunity to comment. Following the comment period, if the agency decides to proceed with adoption, it must file the adopted rule with the Secretary of State. The adopted rule becomes effective upon publication in the Illinois Register, unless a different effective date is specified in the rule itself, provided that the rule is published in the Illinois Register no later than the first day of the month following the filing of the rule. If the rule is filed on the last day of a month, it will be published on the first day of the following month. For instance, if an agency files an adopted rule on October 31st, 2023, it will be published in the Illinois Register on November 1st, 2023, making it effective on that date. If it were filed on October 1st, 2023, it would be published on November 1st, 2023, and become effective then. The critical aspect is the timing of publication relative to filing to ensure the rule is available to the public before it takes effect.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. Section 1-10 of the APA defines an “administrative rule” as “each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency.” Section 5-45 outlines the requirements for filing adopted rules, mandating that adopted rules must be filed with the Secretary of State. The filing process involves submission of the rule text, a certificate of review, and other required documents. Upon filing, the rule becomes effective as prescribed by the APA, typically 30 days after publication in the Illinois Register, unless a different effective date is specified. This process ensures public notice and an opportunity for comment, as well as a clear record of agency rulemaking. The term “rule” in the Illinois APA is broad, encompassing any agency statement that affects the rights or duties of the public or the internal operations of the agency in a way that has external impact.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. A critical aspect of this process is the publication of proposed rules. Section 100/5-40 of the APA mandates that proposed rules be published in the Illinois Register. The Illinois Register is the official state publication for proposed and adopted rules, legal notices, and executive orders. This publication serves as the primary mechanism for providing public notice and an opportunity for comment on proposed regulatory changes. Failure to comply with this publication requirement renders a proposed rule invalid and prevents its adoption. The question tests the understanding of the fundamental procedural step required before an Illinois administrative agency can finalize a rule change, emphasizing the public notice component mandated by state statute. The Illinois Register is the designated publication for this purpose, ensuring transparency and public participation in the rulemaking process as envisioned by the APA.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. A critical aspect of this process is the requirement for agencies to provide adequate public notice and an opportunity for public comment. When an agency proposes a rule that has a significant economic impact on affected persons, the APA mandates specific procedures. Section 1-100 of the APA defines “significant economic impact” and outlines the steps an agency must take, including conducting an economic impact study and holding a public hearing if requested. The intent is to ensure that the potential economic consequences of a proposed rule are thoroughly vetted and that stakeholders have a meaningful chance to voice their concerns before the rule becomes effective. This process promotes transparency and accountability in administrative rulemaking, allowing for informed decision-making and potentially mitigating unintended negative consequences. The legislative intent behind these provisions is to balance the need for effective agency regulation with the protection of individuals and businesses from overly burdensome or unconsidered mandates. The thoroughness of the economic impact analysis and the accessibility of the public comment period are key indicators of compliance with the APA’s intent.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. Section 1-15 of the APA outlines the requirements for filing rules with the Secretary of State. A rule, as defined in Section 1-30, is an agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency. When an agency proposes a new rule or an amendment to an existing rule, it must publish a notice of proposed rulemaking in the Illinois Register. This notice includes the text of the proposed rule and a comment period, typically 45 days. After the comment period, if the agency adopts the rule, it must file the adopted rule with the Secretary of State. The APA mandates that a rule becomes effective only after it has been filed with the Secretary of State. Therefore, a rule that has been drafted, approved by the agency, and published in the Illinois Register as a proposed rule, but has not yet been filed with the Secretary of State, is not yet legally effective. The filing with the Secretary of State is the crucial final step for a rule to gain legal force and effect in Illinois.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. A critical aspect of this process is the requirement for public participation and transparency. When an agency proposes a new rule or an amendment to an existing rule, it must provide adequate notice to the public. This notice typically includes publication in the Illinois Register, which is the official state publication for proposed and adopted rules, and often involves a public comment period. The APA outlines specific timelines and content requirements for these notices. The purpose is to allow interested parties, including citizens, businesses, and advocacy groups, an opportunity to review the proposed regulatory changes and submit their feedback. This feedback is then considered by the agency before the rule is finalized. The concept of “substantive” versus “procedural” rules is also important. Substantive rules have the force of law and create or modify rights and obligations, and thus are subject to the full APA rulemaking process. Procedural rules, on the other hand, govern an agency’s internal operations and are often exempt from some of the more stringent notice and hearing requirements. The question tests the understanding of the initial public notification requirements for substantive rulemakings under Illinois law. The correct answer reflects the foundational step of publication in the Illinois Register, which is a prerequisite for the public comment period and subsequent agency action on substantive rules.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. A critical aspect of this process is the review and approval by the Joint Committee on Administrative Rules (JCAR). Section 5-115 of the APA outlines the procedure for emergency rulemaking. Emergency rules are designed for situations where an agency finds that an existing rule or statute, or the lack thereof, creates an immediate and serious threat to the public interest, safety, or welfare. Such rules can be adopted without the usual notice and hearing requirements, but they have a limited lifespan. The APA specifies that an emergency rule may be effective for a maximum of 150 days. During this period, the agency is typically expected to initiate the standard rulemaking process to make the rule permanent or allow it to expire. The 150-day limit is a crucial safeguard against the indefinite use of emergency powers and ensures that the public ultimately has an opportunity to participate in the rulemaking process for rules that will have lasting effect. Therefore, the maximum duration for an emergency rule under the Illinois APA is 150 days.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. When an agency proposes a new rule, it must publish a Notice of Proposed Rulemaking in the Illinois Register. This notice includes the proposed text of the rule, the statutory authority for the rule, a description of the subjects and issues involved, and information on how the public can submit written comments. Following the comment period, which is typically 45 days, the agency must review all submitted comments. If the agency makes substantial changes to the proposed rule based on these comments, it must publish a Notice of Substantial Modification in the Illinois Register. This reopens the comment period for those specific modifications. However, if the agency decides not to proceed with the rule or makes only minor, non-substantive changes, it can proceed to adopt the rule without further publication of a modified notice. The APA also outlines procedures for emergency rules, joint rules, and peremptory rules, each with distinct notice and adoption requirements. The core principle is transparency and providing an opportunity for public input before a rule becomes effective, ensuring that legislative intent and public concerns are considered in the regulatory process. The question tests the understanding of the procedural steps following the initial notice of proposed rulemaking when public comments necessitate changes.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois create, amend, and repeal administrative rules. A critical aspect of this process involves public participation and ensuring transparency. When an agency proposes a new rule or an amendment to an existing one, it must provide adequate notice to the public. This notice period allows interested parties, including individuals, businesses, and advocacy groups, to review the proposed changes and submit written comments. The APA mandates a minimum public comment period, typically 45 days, although this can be extended under certain circumstances. Following the comment period, the agency must review and consider all timely submitted comments before making a final decision on the rule. If significant changes are made to the rule based on the comments, the agency may be required to provide a second notice and comment period. The legislative intent behind these provisions is to foster informed policymaking by incorporating diverse perspectives and to prevent arbitrary or uninformed agency actions. This process ensures that rules are not only legally sound but also practical and responsive to the needs of those they affect within Illinois. The question focuses on the foundational requirement of public input in the rulemaking process as outlined by the Illinois APA, emphasizing the agency’s obligation to consider all feedback received during the designated comment period before proceeding with finalization.

The Illinois Administrative Procedure Act (IAPA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. Section 10-45 of the IAPA mandates that an agency must provide a minimum of 45 days’ notice of a proposed rulemaking. This notice period is crucial for allowing public comment and review. The notice must be published in the Illinois Register. During this period, interested parties can submit written comments, and in some cases, public hearings may be held. The purpose of this notice period is to ensure transparency and provide an opportunity for stakeholder input, thereby fostering more effective and informed rulemaking. Failure to adhere to this minimum notice requirement can render a rule invalid. The question assesses understanding of this fundamental procedural requirement for administrative rulemaking in Illinois.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/5-45, governs the filing and publication of adopted rules. When a state agency in Illinois adopts a rule, it must file a certified copy with the Secretary of State. The APA mandates that the Secretary of State shall cause the adopted rule to be published in the Illinois Register. This publication is crucial for public notice and ensures transparency in the rulemaking process. The APA does not require the adopted rule to be published in the official Illinois Revised Statutes at the time of adoption; the Revised Statutes are a compilation of enacted legislation, not administrative rules. Similarly, while agencies may maintain internal records or databases, the APA’s explicit requirement for public dissemination of adopted rules centers on the Illinois Register. The concept of a “rule-making docket” is part of the process, but the final adopted rule’s publication vehicle is the Illinois Register. Therefore, the correct action for making an adopted rule publicly effective and accessible under Illinois law is its publication in the Illinois Register.

The Illinois Administrative Procedure Act (IAPA), specifically 5 ILCS 100/5-45, governs the publication of administrative rules. This section mandates that proposed rules, amendments, and repeals must be published in the Illinois Register at least 45 days prior to the hearing on the proposed rule, or if no hearing is held, prior to the adoption of the rule. This 45-day period allows for public comment and review. In this scenario, the Department of Revenue published the proposed amendment on April 1st. To comply with the 45-day notice requirement, the earliest the Department could legally adopt the rule, assuming no hearing is held, would be May 16th. Counting 45 days from April 1st: April has 30 days, so 30 days from April 1st brings us to April 30th. We then need an additional 15 days in May to reach the 45-day mark. Therefore, May 16th is the earliest possible adoption date. If a hearing were held, the publication must occur at least 45 days *before* the hearing date, and the adoption could occur after the hearing, but the initial notice period remains critical. The IAPA’s emphasis on the Illinois Register ensures transparency and public participation in the rulemaking process, a cornerstone of administrative law in Illinois. The precise timing is crucial for procedural validity.

The Illinois Administrative Procedure Act (IAPA), specifically 5 ILCS 100/5-45, governs the review of proposed administrative rules by the Joint Committee on Administrative Rules (JCAR). This section outlines the process for the committee to object to a proposed rule. An objection can be filed if the committee finds that the agency has exceeded its statutory authority, the rule conflicts with other state statutes or federal law, or the rule is arbitrary and capricious. Upon receiving an objection, the agency has a specific timeframe to respond. If the agency fails to respond within the allotted time, or if the response is deemed insufficient, the rule may be deemed void. The question asks about the consequence of an agency failing to adequately respond to a JCAR objection within the stipulated period. The IAPA provides that such a failure results in the proposed rule being considered void and therefore not becoming effective. This is a critical procedural safeguard in Illinois administrative law to ensure agency actions remain within legal bounds and are not arbitrary. The process is designed to facilitate legislative oversight of administrative rule-making, ensuring that rules are consistent with legislative intent and public policy.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois create, amend, and repeal administrative rules. Section 1-15 of the APA defines an “administrative rule” as “each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency.” The critical element for determining if a document constitutes a rule is its effect on the rights, duties, or privileges of the public. A document that merely clarifies existing law or policy without imposing new obligations or restrictions on individuals or entities outside the agency itself is generally not considered a rule. The Illinois General Assembly, through the Joint Committee on Administrative Rules (JCAR), oversees the rulemaking process to ensure compliance with the APA and to prevent agency overreach. The APA mandates specific procedures for notice, public comment, and filing of rules with the Secretary of State. Without these procedures, an agency statement is not a valid administrative rule. Therefore, an internal agency directive that clarifies the application of an existing statute to agency personnel, without affecting external rights or obligations, does not meet the definition of an administrative rule under the Illinois APA.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process of administrative rulemaking. Section 1-75 of the APA outlines the requirements for the publication of agency rules and notices in the Illinois Register. This register serves as the official publication for proposed and adopted rules, emergency rules, and other official notices from Illinois state agencies. The Illinois Register is published weekly. The process for adopting a rule generally involves a notice period, a public comment period, and then the filing of the adopted rule with the Secretary of State. The APA mandates that proposed rules be published in the Illinois Register at least 45 days before the adoption of the rule, unless certain exceptions apply, such as with emergency rules or rules that are substantially the same as previously published proposed rules. The purpose of this publication is to ensure transparency and provide the public with an opportunity to review and comment on proposed administrative regulations that will affect their rights and interests. The APA’s detailed procedural requirements are designed to promote fairness and accountability in the administrative process.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. Section 1-15 of the APA defines “rule” broadly to include “every regulation, every rule, every order, every decision, every document, or other form of regulation, having the force of law, of general application, of the agency, affecting the rights of the public or purporting to affect the rights of the public, promulgated by the agency, in the agency’s official code, pursuant to authority validly conferred by law.” The critical element for determining if an agency’s pronouncement constitutes a rule is whether it has the force of law and affects the rights of the public. Internal agency policies, operational guidelines, or interpretations that do not create new legal obligations or rights for the public, and are not intended to have the force of law, are generally not considered rules requiring formal rulemaking under the APA. For instance, an internal memorandum detailing the procedure for processing a specific type of permit application, without altering the substantive criteria for permit approval or denial, would likely not be a rule. However, if that memorandum established a new, mandatory standard for permit issuance that was not previously articulated in an adopted rule, it would likely be considered a rule. The Illinois General Assembly’s intent behind the APA is to ensure transparency, public participation, and legal certainty in administrative law. Therefore, agency actions that effectively create new legal requirements or prohibitions for the regulated public must undergo the formal rulemaking process.

The Illinois Administrative Procedure Act (IAPA), specifically Section 5-40 (5 ILCS 100/5-40), governs the codification of rules. This section mandates that agencies must publish their rules in the Illinois Administrative Code. The Administrative Code is organized into subject-matter-based titles and parts, with each rule assigned a unique numerical identifier. When drafting a new rule or amending an existing one, a legislative drafter must ensure it is properly incorporated into this established codification system. This involves determining the correct title and part under which the rule should be published, assigning it a unique section number that reflects its subject matter and order within the part, and ensuring the language of the rule is clear, concise, and consistent with the overall structure and style of the Administrative Code. The codification process is crucial for public access and legal certainty, ensuring that all state agency rules are readily available and systematically organized for regulated parties and the general public. Failure to properly codify a rule can render it ineffective or subject to legal challenge. Therefore, understanding the principles of codification under the IAPA is fundamental for effective legislative drafting in Illinois.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/10-45, outlines the requirements for the publication of adopted rules. This section mandates that an adopted rule shall be published in the Illinois Register. The APA further specifies that the publication must include the full text of the adopted rule, the effective date, and any necessary statutory citations. The purpose of this publication requirement is to ensure transparency and public access to the administrative law that governs the state. Without proper publication in the Illinois Register, an adopted rule does not become legally effective and binding. Therefore, a proposed amendment to an existing Illinois administrative rule, which has successfully navigated the notice and hearing periods and has been formally adopted by the agency, must be submitted for publication in the Illinois Register to become operative. This step is a critical component of the rulemaking process in Illinois, ensuring compliance with due process and public information principles.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. A key aspect of this process is the publication of proposed rules in the Illinois Register. Section 5-40 of the APA outlines the requirements for the notice of rulemaking, including the content that must be provided to inform the public about the proposed changes. This section mandates that the notice must include the text of the proposed rule, a statement of the purpose of the rulemaking, the statutory authority for the rule, and information on how interested parties can submit comments. When a proposed rule is substantially modified after the initial notice, the APA requires a new notice period, unless the modifications are deemed minor by the agency and do not alter the fundamental purpose or impact of the rule. The concept of “substantial modification” is crucial; if the changes introduce new obligations, significantly alter existing ones, or affect a different class of persons than originally contemplated, a new notice and comment period is generally required. This ensures that all affected parties have a fair opportunity to review and respond to the final form of the rule. The question probes the procedural safeguard against significant alterations to proposed rules without adequate public input, a core principle of administrative law in Illinois.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/5-105, governs the publication of agency rules. This section mandates that proposed and adopted rules must be published in the Illinois Register. The Illinois Register serves as the official state publication for all proposed and adopted administrative rules, legal notices, and proclamations. When an agency proposes a new rule or amends an existing one, it must file a notice of rulemaking with the Secretary of State and publish it in the Illinois Register. This publication provides public notice and an opportunity for comment, a cornerstone of administrative law. Adopted rules also require publication in the Illinois Register before they become effective. While the Illinois Compiled Statutes (ILCS) are the codified laws of Illinois, and the Illinois Municipal Code pertains to municipal governance, neither serves as the primary vehicle for publishing proposed and adopted administrative agency rules. The Illinois Official Reports are for judicial opinions. Therefore, the Illinois Register is the exclusive and mandatory publication for administrative rules under the Illinois APA.

The Illinois Administrative Procedure Act (IAPA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies adopt, amend, and repeal administrative rules. Section 10-45 of the IAPA mandates that a rule adopted under the Act becomes effective only after it has been published in the Illinois Register and a specified period has elapsed. This period is generally 30 days after publication, unless a different effective date is specified in the rule itself, provided that the specified date is not less than 30 days after publication. The purpose of this delay is to provide adequate notice to the public and to allow for potential legislative review or challenges before the rule takes effect. Therefore, a rule published on January 15th of a given year, with no other effective date specified, would become effective on February 14th of that same year, assuming no leap year adjustments are necessary for the 30-day count. The Illinois Register is the official state publication for proposed and adopted rules, notices, and other official announcements of state government agencies. Understanding this publication requirement and the subsequent waiting period is fundamental to comprehending the enforceability and commencement of administrative regulations in Illinois.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process of rulemaking by state agencies. When an agency proposes a new rule or amends an existing one, it must follow a series of steps to ensure transparency and public participation. This typically involves publishing a notice of rulemaking in the Illinois Register, providing a period for public comment, and potentially holding a public hearing. After considering public input, the agency may adopt the rule. The APA outlines specific requirements for the content of proposed rules, including a statement of the rule’s purpose and the legal authority for its promulgation. The Joint Committee on Administrative Rules (JCAR) plays a crucial oversight role, reviewing proposed rules for compliance with legislative intent and statutory authority before they become effective. The question asks about the initial formal step in Illinois administrative rulemaking after an agency decides to create a new regulation. This initial formal step is the publication of the notice of rulemaking. The Illinois Register is the official publication for these notices. Therefore, the correct action is the filing of the notice of rulemaking with the Secretary of State for publication in the Illinois Register.

The Illinois Administrative Procedure Act (5 ILCS 100/) governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. A critical aspect of this process is the requirement for agencies to provide adequate public notice and opportunity for comment. Section 5-40 of the Act outlines the procedures for adopting rules, which include publishing notice of the proposed rule in the Illinois Register. This notice must specify the time, place, and manner of public participation. Furthermore, the Act mandates that agencies consider all timely submitted written comments and may hold public hearings. If an agency decides to modify a proposed rule based on public comment, it must publish a notice of substantial modification in the Illinois Register, along with the modified text and a response to substantive comments. The question tests the understanding of when an agency must re-publish a proposed rule in its entirety versus when a notice of substantial modification is sufficient. A substantial modification is generally considered to be one that alters the fundamental purpose or scope of the original proposal, or introduces entirely new concepts not foreshadowed in the initial notice. Minor clarifications or adjustments to achieve the original intent do not typically necessitate a full re-publication. In this scenario, the proposed amendment to the Environmental Protection Agency’s air quality standards, which introduces a new pollutant not previously mentioned and significantly alters the compliance deadlines for industries, represents a departure from the original proposal’s scope and intent. Such a significant change requires the agency to initiate the rulemaking process anew by publishing the entire revised proposal as a new notice of proposed rulemaking. This ensures that the public has a full opportunity to comment on the revised, substantially different regulatory framework. Therefore, the agency must begin the process again with a new notice of proposed rulemaking.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. Section 5-45 of the APA outlines the requirements for the publication of proposed rules in the Illinois Register. This section mandates that a notice of proposed rulemaking must be published at least 45 days before the adoption of the rule. This 45-day period is crucial for providing the public, including interested parties and stakeholders, with an opportunity to review the proposed changes and submit written comments or request a hearing. The purpose of this waiting period is to ensure transparency and allow for public input, which is a fundamental aspect of administrative law and legislative drafting. Agencies must consider all timely submitted comments before finalizing the rule. Failure to adhere to this notice period can render a rule invalid. The Illinois Register serves as the official state publication for proposed and adopted rules, as well as other official notices.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal rules. When an agency proposes a new rule or a modification to an existing one, it must provide public notice and an opportunity for public comment. Section 5-40 of the APA outlines the requirements for rulemaking, including the content of the notice and the period for public input. The Joint Committee on Administrative Rules (JCAR) plays a crucial oversight role in reviewing proposed rules to ensure they comply with legislative intent and are not arbitrary or capricious. If a rule is deemed to be in violation of these standards, JCAR can object to its adoption. However, the ultimate authority to override a JCAR objection rests with the agency head, who can choose to proceed with the rule by filing a written statement of substantial justification. This process, detailed in Section 5-115 of the APA, allows for agency discretion but also ensures transparency and accountability by requiring a public explanation for overriding committee objections. Therefore, the agency head’s written statement of substantial justification is the critical document that allows a proposed rule to be adopted despite a JCAR objection.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/10-45, governs the codification and publication of administrative rules. This section mandates that an agency proposing to adopt a rule must publish a notice of rulemaking in the Illinois Register. This notice must include specific information, such as the proposed rule text, a statement of the purpose of the rulemaking, and the date, time, and place of any public hearings. Furthermore, the APA requires that the adopted rule be published in the Illinois Register and subsequently in the Illinois Administrative Code. The question asks about the most appropriate action when a proposed amendment to an existing Illinois administrative rule is discovered to contain a substantive error after the initial notice of rulemaking has been published but before the rule is adopted. A substantive error means a change that affects the meaning or intent of the rule. According to the APA and established legislative drafting practice, the most proper course of action to correct a substantive error in a proposed rule after initial publication is to withdraw the original notice and publish a new notice of rulemaking that includes the corrected text. This ensures transparency and allows the public adequate notice of the revised proposal, providing an opportunity for comment on the corrected version. Simply publishing a correction notice without republishing the entire amended rule text might not satisfy the APA’s requirements for public notice of substantive changes. Amending the rule without a new notice would bypass the public comment process for the corrected substance. Delaying adoption until the next regular amendment cycle could leave the agency operating under an incorrect rule or create a gap in regulatory clarity. Therefore, republishing the notice with the corrected text is the most procedurally sound approach to maintain the integrity of the rulemaking process.

In Illinois, the process of amending the State Constitution is governed by Article XIV of the Illinois Constitution. Section 1 outlines three methods for proposing amendments: by the General Assembly, by a constitutional convention, and by initiative. For amendments proposed by the General Assembly, Article XIV, Section 1(b) specifies that an amendment must be approved by a three-fifths vote of both the House of Representatives and the Senate. Subsequently, the proposed amendment must be submitted to the electors of Illinois at the next general election that is at least six months after the amendment is passed by the legislature. The amendment is then adopted if it receives a majority of the votes cast for and against it. This is a critical distinction from many other states where a simple majority of all votes cast in the election might be required. The requirement for a three-fifths vote for legislative proposal and then a majority of votes cast on the question itself represents a layered threshold designed to ensure broad consensus for constitutional changes originating from the legislature. Understanding these specific voting thresholds and submission timelines is crucial for drafting legislation that correctly initiates a constitutional amendment process.

The Illinois General Assembly operates under a bicameral structure, meaning legislation must pass both the House of Representatives and the Senate. A bill introduced in either chamber follows a specific path. After introduction, it is assigned to a committee for consideration. If the committee approves the bill, it proceeds to the floor of the originating chamber for debate and a vote. Upon passage in the first chamber, the bill is then sent to the other chamber, where it undergoes a similar committee and floor debate process. If the second chamber amends the bill, it must return to the originating chamber for concurrence on the amendments. If the originating chamber does not concur, a conference committee composed of members from both chambers may be appointed to reconcile the differences. Once both chambers agree on the identical text of the bill, it is then presented to the Governor for approval or veto. The Governor has several options: sign the bill into law, veto it, or allow it to become law without signature after a specified period. The legislative drafting process in Illinois is governed by rules and practices designed to ensure clarity, consistency, and adherence to constitutional requirements. The Illinois Legislative Reference Bureau plays a crucial role in assisting with the drafting and revision of bills. The process is designed to allow for thorough review and amendment at multiple stages.

The Illinois Administrative Procedure Act (IAPA), specifically 5 ILCS 100/5-45, outlines the requirements for the publication of agency rules. This section mandates that proposed rules, adopted rules, and notices of proposed rulemaking must be published in the Illinois Register. The Illinois Register serves as the official state publication for all proposed and adopted administrative rules, legal notices, and executive orders. It is a critical component of the rulemaking process, ensuring transparency and public access to regulatory changes. When an agency proposes a new rule or amends an existing one, it must file a notice of proposed rulemaking with the Secretary of State, who then publishes it in the Illinois Register. Similarly, upon adoption of a rule, a notice of adopted rulemaking, including the text of the rule, is published. This process allows interested parties to be informed of and potentially comment on regulatory actions. Therefore, the Illinois Register is the designated publication for these official notices.

The Illinois Administrative Procedure Act (APA), specifically 5 ILCS 100/1-1 et seq., governs the process by which state agencies in Illinois adopt, amend, and repeal administrative rules. Section 1-75 of the APA outlines the requirements for the publication of proposed and adopted rules in the Illinois Register. The Illinois Register is the official state publication for proposed and adopted administrative rules, legal notices, and proclamations. For a rule to become effective, it must be published in the Illinois Register, and there are specific timelines and procedures that must be followed, including a minimum period for public comment on proposed rules. The question asks about the publication vehicle for proposed administrative rules in Illinois. The Illinois Register is mandated by statute for this purpose. Other options are incorrect because the Illinois General Assembly publishes legislative bills, the Illinois Compiled Statutes are the codified laws of Illinois, and the Illinois Official Reports contain judicial decisions. Therefore, the Illinois Register is the correct publication.