What is the Process?
The Illinois Administrative Procedure Act details the process. The General Assembly (GA) delegates to the executive branch state agencies authority to implement statutory law (Public Acts) via administrative law (rules/regulations). JCAR has oversight of the rulemaking process to insure that the agency rules do not exceed the authority that the GA has granted to the agency in statute.
First Notice begins when the proposed rules are published in the Illinois Register. The first notice period must continue for at least 45 days. IDFPR must respond to all comments they receive during first notice.
What is Second Notice? When IDFPR is ready to submit the rules for JCAR review, it will file the Second Notice documents. These documents include a summary of the rulemaking and any changes the agency made to its proposed during First Notice.
After JCAR accepts a Second Notice, the rulemaking is scheduled for consideration at a JCAR meeting within the next 45 days (the Second Notice period). JCAR and the affected agency may agree to extend the Second Notice period for that rulemaking for an additional 45 days to resolve remaining issues.