§245.110. Expedited Corrections - Submission to Committee

a)         An agency may request the Committee to issue a Certificate of Correction with respect to an adopted rule filed with the Secretary of State. The certificate shall authorize changes in rule text to address:

 

1)         nonsubstantive errors, such as typographical, clerical, grammatical, printing, copying, or other inadvertent errors, such as omission of existing or inclusion of previously repealed Illinois Administrative Code text;

 

2)         any omissions or errors that create unintentional discrepancies between adopted rule text and text previously published in the Illinois Register or second notice rule text; or

 

3)         any discrepancies between adopted rule text and agreements certified by the Committee during the second notice period. (Section 5-85(b) of the Act)

 

b)         Agency requests for a Certificate of Correction shall be in writing and shall be clearly identified as a Request for Correction.  Requests shall be submitted to the Executive Director at the following address:

 

Joint Committee on Administrative Rules

700 Stratton Building

Springfield, Illinois 62706

 

c)         Agency requests for a Certificate of Correction shall include the following information:

 

1)         the name of the agency;

 

2)         the title and Illinois Administrative Code citation of the affected rule;

 

3)         the date, page number and volume number of the Illinois Register in which the first notice of the rulemaking that gave rise to the agency request for Certificate of Correction was published and of the Illinois Register in which the rulemaking was adopted;

 

4)         the full text of the affected Sections, indicating both the incorrect text and the agency's proposal for correction, in accordance with 1 Ill. Adm. Code 100.420(c);

 

5)         an explanation of the reasons listed in subsection (a) that apply;

 

6)         an explanation of how the public interest will be served and no hardship created by correction of the error cited by the agency, information verifying that the public notice considerations of the Act are not unduly circumvented, the agency's rationale for requesting expedited rulemaking as opposed to adhering to the time constraints of the regular rulemaking process, and a description of the measures taken and to be taken by the agency to make the Request for Correction and Certificate of Correction known to persons affected by the rule;

 

7)         the name, address and telephone and telefax number of the agency representative who will respond to Committee questions regarding the Request for Correction and to whom the public may comment; and

 

8)         in the event an effective date of the Correction is sought by the agency that differs from the effective date of the rulemaking that is being corrected, the proposed effective date of Correction and the rationale for the different effective date.

 

d)         If a Request for Correction does not meet the requirements of subsection (c) above, no action shall be taken to certify the correction until the agency has, pursuant to a request from the Committee, provided the additional or clarified information.

 

(Source:  Amended at 18 Ill. Reg. 4720, effective March 14, 1994)