ILLINOIS · 2020. 11. 30. · Executive Order In Response to COVID-19 (COVID-19 Executive Order No....
Transcript of ILLINOIS · 2020. 11. 30. · Executive Order In Response to COVID-19 (COVID-19 Executive Order No....
ILLINOIS REGISTER RULES
OF GOVERNMENTAL AGENCIES
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com
Printed on recycled paper
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TABLE OF CONTENTS
November 30, 2020 Volume 44, Issue 48
PROPOSED RULES GAMING BOARD, ILLINOIS
Video Gaming (General)
11 Ill. Adm. Code 1800..........................................................................18620
NATURAL RESOURCES, DEPARTMENT OF
Boat and Snowmobile Registration and Safety
17 Ill. Adm. Code 2010..........................................................................18631
REVENUE, DEPARTMENT OF
Income Tax
86 Ill. Adm. Code 100............................................................................18641
SECRETARY OF STATE, OFFICE OF THE
Public Library Non-Resident Services
23 Ill. Adm. Code 3050..........................................................................18660
STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
The Administration and Operation of the State Employees' Retirement
System of Illinois
80 Ill. Adm. Code 1540..........................................................................18667
ADOPTED RULES COMMUNITY COLLEGE BOARD, ILLINOIS
Administration of the Illinois Public Community College Act
23 Ill. Adm. Code 1501..........................................................................18680
SECRETARY OF STATE, OFFICE OF THE
Procedures and Standards
92 Ill. Adm. Code 1001..........................................................................18734
Rules of the Road - Persons With Disabilities Parking Program
92 Ill. Adm. Code 1100..........................................................................18742
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
State Universities Civil Service System
80 Ill. Adm. Code 250............................................................................18746
SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES
Second Notices Received…...........................................................................18790
EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS
Executive Order In Response to COVID-19 (COVID-19
Executive Order No. 66)
2020-70………………...........................................................................18791
Executive Order In Response to COVID-19 (COVID-19
Executive Order No. 67)
2020-71………………...........................................................................18794
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Executive Order In Response to COVID-19 (COVID-19
Executive Order No. 68)
2020-72………………...........................................................................18802
PROCLAMATIONS
Gubernatorial Disaster Proclamation
2020-64………………...........................................................................18806
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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.
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 2020
Issue# Rules Due Date Date of Issue
1 December 23, 2019 January 3, 2020
2 December 30, 2019 January 10, 2020
3 January 6, 2020 January 17, 2020
4 January 13, 2020 January 24, 2020
5 January 21, 2020 January 31, 2020
6 January 27, 2020 February 7, 2020
7 February 3, 2020 February 14, 2020
8 February 10, 2020 February 21, 2020
9 February 18, 2020 February 28, 2020
10 February 24, 2020 March 6, 2020
11 March 2, 2020 March 13, 2020
12 March 9, 2020 March 20, 2020
13 March 16, 2020 March 27, 2020
14 March 23, 2020 April 3, 2020
15 March 30, 2020 April 10, 2020
16 April 6, 2020 April 17, 2020
17 April 13, 2020 April 24, 2020
18 April 20, 2020 May 1, 2020
19 April 27, 2020 May 8, 2020
20 May 4, 2020 May 15, 2020
21 May 11, 2020 May 22, 2020
22 May 18, 2020 May 29, 2020
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23 May 26, 2020 June 5, 2020
24 June 1, 2020 June 12, 2020
25 June 8, 2020 June 19, 2020
26 June 15, 2020 June 26, 2020
27 June 22, 2020 July 6, 2020
28 June 29, 2020 July 10, 2020
29 July 6, 2020 July 17, 2020
30 July 13, 2020 July 24, 2020
31 July 20, 2020 July 31, 2020
32 July 27, 2020 August 7, 2020
33 August 3, 2020 August 14, 2020
34 August 10, 2020 August 21, 2020
35 August 17, 2020 August 28, 2020
36 August 24, 2020 September 4, 2020
37 August 31, 2020 September 11, 2020
38 September 8, 2020 September 18, 2020
39 September 14, 2020 September 25, 2020
40 September 21, 2020 October 2, 2020
41 September 28, 2020 October 9, 2020
42 October 5, 2020 October 16, 2020
43 October 13, 2020 October 23, 2020
44 October 19, 2020 October 30, 2020
45 October 26, 2020 November 6, 2020
46 November 2, 2020 November 13, 2020
47 November 9, 2020 November 20, 2020
48 November 16, 2020 November 30, 2020
49 November 23, 2020 December 4, 2020
50 November 30, 2020 December 11, 2020
51 December 7, 2020 December 18, 2020
52 December 14, 2020 December 28, 2020
ILLINOIS REGISTER 18620
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Video Gaming (General)
2) Code Citation: 11 Ill. Adm. Code 1800
3) Section Numbers: Proposed Actions:
1800.570 Amendment
1800.580 Amendment
4) Statutory Authority: Implementing and authorized by Sections 78(a)(3) of the Video
Gaming Act [230 ILCS 40/79(a)(3)], which provides that the Illinois Gaming Board
(Board) shall "[a]dopt rules for the purpose of administering the provisions of this Act."
5) A Complete Description of the Subjects and Issues Involved: This rulemaking corrects a
language discrepancy between the Video Gaming Act (the "Act") and the Board's
adopted Rules for Video Gaming in the terminology used to describe certain annual
licensing fees. Specifically, Section 45(g) of the Act [230 ILCS 40/45(g)] requires the
Board to establish an "annual fee" for each license; whereas Rule 570 ("Renewal of
License") [11 Adm. Code 1800.570] refers to a "renewal fee" that licensees must pay in
order to renew a license. The link between these two fees is found in 11 Ill. Adm. Code
1800.580 ("Renewal Fees and Dates"), which provides that: "A licensee shall pay the
following license fees annually" and proceeds to set the amount of the annual fees
required by Section 45(g) of the Act. The title of Section 1800.580 evidences the
statutory intent that the annual fee is the "renewal fee" envisioned by Section 1800.570.
Unfortunately, and unintentionally, the final version of the Rules did not consistently
track the requisite language used in the Act. The unintended consequence of this
disparate language has been confusion among some licensees and extra work for Board
staff.
Accordingly, the proposed rulemaking amends Sections 1800.570 and 1800.580 by
returning to the statutory concept of "annual fees" and decoupling the annual fee from the
act of renewal. This change will have at least two significant benefits. First, it will bring
agency practice in line with the statutory language, which requires all licensees to pay
their annual fees, regardless of any pending licensure or disciplinary matters. Second, it
will improve efficiency and operations for agency staff and licensees alike by removing
administrative burdens and duplicative processes attributable to the disparate language
found in the current rules and statute.
Additionally, the proposed amendment deletes references in Section 1800.580 to specific
renewal fees and instead cross-references the fee schedule in Section 45(g) of the Act.
ILLINOIS REGISTER 18621
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
This revision will avert the need for further amendments to the section if the General
Assembly amends the fee schedule with regard to maximum licensing fees. This change
will similarly improve agency efficiency and operations.
6) Published studies and reports, and underlying sources of data, used to compose this
rulemaking: None
7) Will this rulemaking replace an emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations:
1800.110 Amendment 44 Ill. Reg. 4265, March 20, 2020
1800.350 Amendment 44 Ill. Reg. 4265, March 20, 2020
1800.320 Amendment 44 Ill. Reg. 17542, November 6, 2020
11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a
State mandate under 30 ILCS 805.
12) Time, place and manner in which interested persons may comment on this proposed
rulemaking: Any interested person may submit comments in writing concerning this
proposed rulemaking not later than 45 days after publication of this Notice in the Illinois
Register to:
Agostino Lorenzini
General Counsel
Illinois Gaming Board
160 North LaSalle Street
Chicago IL 60601
13) Initial Regulatory Flexibility Analysis:
ILLINOIS REGISTER 18622
20
ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: The rulemaking will affect small businesses that are licensed video
gaming locations (as this term is defined in 11 Ill. Adm. Code 1800.110) under
the Video Gaming Act [230 ILCS 40].
B) Reporting, bookkeeping or other procedures required for compliance: The
rulemaking will not impose additional reporting, bookkeeping or other procedures
on the Board.
C) Types of professional skills necessary for compliance: No new professional skills
will be required for compliance with this rulemaking.
14) Small Business Impact Analysis:
A) Types of businesses subject to the proposed rule:
55 Management of Companies and Enterprises
72 Accommodation and Food Services
B) Categories that the agency reasonably believes the rulemaking will impact,
including:
v. licensing fees
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
summarized in a regulatory agenda because the need for it was unanticipated.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 18623
20
ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE D: VIDEO GAMING
CHAPTER I: ILLINOIS GAMING BOARD
PART 1800
VIDEO GAMING (GENERAL)
SUBPART A: GENERAL PROVISIONS
Section
1800.110 Definitions
1800.115 Gender
1800.120 Inspection
1800.130 Board Meetings
1800.140 Service Via E-mail
SUBPART B: DUTIES OF LICENSEES
Section
1800.210 General Duties of All Video Gaming Licensees
1800.220 Continuing Duty to Report Information
1800.230 Duties of Licensed Manufacturers
1800.240 Duties of Licensed Distributors
1800.250 Duties of Terminal Operators
1800.260 Duties of Licensed Technicians and Licensed Terminal Handlers
1800.270 Duties of Licensed Video Gaming Locations
SUBPART C: STANDARDS OF CONDUCT FOR LICENSEES
Section
1800.310 Grounds for Disciplinary Actions
1800.320 Minimum Standards for Use Agreements
1800.330 Economic Disassociation
1800.340 Change in Ownership of Terminal Operators and Assets Held by Terminal
Operators
SUBPART D: LICENSING QUALIFICATIONS
Section
ILLINOIS REGISTER 18624
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
1800.410 Coverage of Subpart
1800.420 Qualifications for Licensure
1800.430 Persons with Significant Influence or Control
1800.440 Undue Economic Concentration
SUBPART E: LICENSING PROCEDURES
Section
1800.510 Coverage of Subpart
1800.520 Applications
1800.530 Submission of Application
1800.540 Application Fees
1800.550 Consideration of Applications by the Board
1800.555 Withdrawal of Applications and Surrender of Licenses
1800.560 Issuance of License
1800.570 Renewal of License
1800.580 AnnualRenewal Fees and Dates
1800.590 Death and Change of Ownership of Video Gaming Licensee
SUBPART F: DENIALS OF APPLICATIONS FOR LICENSURE
Section
1800.610 Coverage of Subpart
1800.615 Requests for Hearing
1800.620 Appearances
1800.625 Appointment of Administrative Law Judge
1800.630 Discovery
1800.635 Subpoenas
1800.640 Motions for Summary Judgment
1800.650 Proceedings
1800.660 Evidence
1800.670 Prohibition on Ex Parte Communication
1800.680 Sanctions and Penalties
1800.690 Transmittal of Record and Recommendation to the Board
1800.695 Status of Applicant for Licensure Upon Filing Request for Hearing
SUBPART G: DISCIPLINARY ACTIONS AGAINST LICENSEES
Section
ILLINOIS REGISTER 18625
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
1800.710 Coverage of Subpart
1800.715 Notice of Proposed Disciplinary Action Against Licensees
1800.720 Hearings in Disciplinary Actions
1800.725 Appearances
1800.730 Appointment of Administrative Law Judge
1800.735 Discovery
1800.740 Subpoenas
1800.745 Motions for Summary Judgment
1800.750 Proceedings
1800.760 Evidence
1800.770 Prohibition on Ex Parte Communication
1800.780 Sanctions and Penalties
1800.790 Transmittal of Record and Recommendation to the Board
1800.795 Persons Subject to Proposed Orders of Economic Disassociation
SUBPART H: LOCATION OF VIDEO GAMING TERMINALS IN
LICENSED VIDEO GAMING LOCATIONS
Section
1800.810 Location and Placement of Video Gaming Terminals
1800.815 Licensed Video Gaming Locations Within Malls
1800.820 Measurement of Distances from Locations
1800.830 Waivers of Location Restrictions
SUBPART I: SECURITY INTERESTS
Section
1800.910 Approvals Required, Applicability, Scope of Approval
1800.920 Notice of Enforcement of a Security Interest
1800.930 Prior Registration
SUBPART J: TRANSPORTATION, REGISTRATION,
AND DISTRIBUTION OF VIDEO GAMING TERMINALS
Section
1800.1010 Restriction on Sale, Distribution, Transfer, Supply and Operation of Video
Gaming Terminals
1800.1020 Transportation of Video Gaming Terminals into the State
1800.1030 Receipt of Video Gaming Terminals in the State
ILLINOIS REGISTER 18626
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
1800.1040 Transportation of Video Gaming Terminals Between Locations in the State
1800.1050 Approval to Transport Video Gaming Terminals Outside of the State
1800.1060 Placement of Video Gaming Terminals
1800.1065 Registration of Video Gaming Terminals
1800.1070 Disposal of Video Gaming Terminals
SUBPART K: STATE-LOCAL RELATIONS
Section
1800.1110 State-Local Relations
SUBPART L: FINGERPRINTING OF APPLICANTS
Section
1800.1210 Definitions
1800.1220 Entities Authorized to Perform Fingerprinting
1800.1230 Qualification as a Livescan Vendor
1800.1240 Fingerprinting Requirements
1800.1250 Fees for Fingerprinting
1800.1260 Grounds for Revocation, Suspension and Denial of Contract
SUBPART M: PUBLIC ACCESS TO INFORMATION
Section
1800.1310 Public Requests for Information
SUBPART N: PAYOUT DEVICES AND REQUIREMENTS
Section
1800.1410 Ticket Payout Devices
1800.1420 Redemption of Tickets Following Removal or Unavailability of Ticket Payout
Devices
SUBPART O: NON-PAYMENT OF TAXES
Section
1800.1510 Non-Payment of Taxes
SUBPART P: CENTRAL COMMUNICATIONS SYSTEM
ILLINOIS REGISTER 18627
20
ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
Section
1800.1610 Use of Gaming Device or Individual Game Performance Data
SUBPART Q: RESPONSIBLE GAMING
Section
1800.1710 Conversations About Responsible Gaming
1800.1720 Responsible Gaming Education Programs
1800.1730 Problem Gambling Registry
1800.1740 Utilization of Technology to Prevent Problem Gambling
SUBPART R: IMPLEMENTATION OF TECHNOLOGY
Section
1800.1810 Implementation of Technology
SUBPART S: INDEPENDENT TESTING LABORATORIES
Section
1800.1910 Independent Outside Testing Laboratories
1800.1920 Minimum Duties of an Independent Outside Testing Laboratory
1800.1930 Testing of Video Gaming Equipment
1800.1940 Approval of Video Gaming Equipment
SUBPART T: IN-LOCATION PROGRESSIVE GAMES
Section
1800.2010 In-location Progressive Games
1800.2020 Optional Nature of In-location Progressive Games
1800.2030 Procedures Within Licensed Video Gaming Locations
1800.2040 Payments of Progressive Jackpot Amount
1800.2050 Deductions from Progressive Jackpots
1800.2060 Progressive Jackpot Coordinator
SUBPART U: UNDERAGE GAMBLING COMPLIANCE
Section
1800.2110 Statement of Purpose
ILLINOIS REGISTER 18628
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ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
1800.2120 Program Considerations
1800.2130 Utilization of Confidential Sources
1800.2140 Provision of Funds
1800.2150 Operational Procedures
1800.2160 Reporting and Evidence
1800.2170 Cooperation with Local Law Enforcement Agencies
1800.EXHIBIT A Youth Participant Consent Form
1800.EXHIBIT B Underage Gambling Participant Acknowledgment
AUTHORITY: Implementing and authorized by the Video Gaming Act [230 ILCS 40].
SOURCE: Adopted by emergency rulemaking at 33 Ill. Reg. 14793, effective October 19, 2009,
for a maximum of 150 days; adopted at 34 Ill. Reg. 2893, effective February 22, 2010;
emergency amendment at 34 Ill. Reg. 8589, effective June 15, 2010, for a maximum of 150 days;
emergency expired November 11, 2010; amended at 35 Ill. Reg. 1369, effective January 5, 2011;
emergency amendment at 35 Ill. Reg. 13949, effective July 29, 2011, for a maximum of 150
days; emergency expired December 25, 2011; amended at 36 Ill. Reg. 840, effective January 6,
2012; amended by emergency rulemaking at 36 Ill. Reg. 4150, effective February 29, 2012, for a
maximum of 150 days; amended at 36 Ill. Reg. 5455, effective March 21, 2012; amended at 36
Ill. Reg. 10029, effective June 28, 2012; emergency amendment at 36 Ill. Reg. 11492, effective
July 6, 2012, for a maximum of 150 days; emergency expired December 2, 2012; emergency
amendment at 36 Ill. Reg. 12895, effective July 24, 2012, for a maximum of 150 days; amended
at 36 Ill. Reg. 13178, effective July 30, 2012; amended at 36 Ill. Reg. 15112, effective October 1,
2012; amended at 36 Ill. Reg. 17033, effective November 21, 2012; expedited correction at 39
Ill. Reg. 8183, effective November 21, 2012; amended at 36 Ill. Reg. 18550, effective December
14, 2012; amended at 37 Ill. Reg. 810, effective January 11, 2013; amended at 37 Ill. Reg. 4892,
effective April 1, 2013; amended at 37 Ill. Reg. 7750, effective May 23, 2013; amended at 37 Ill.
Reg. 18843, effective November 8, 2013; emergency amendment at 37 Ill. Reg. 19882, effective
November 26, 2013, for a maximum of 150 days; emergency amendment suspended by the Joint
Committee on Administrative Rules at 38 Ill. Reg. 3384, effective January 14, 2014; suspension
withdrawn at 38 Ill. Reg. 5897; emergency repeal of emergency amendment at 38 Ill. Reg. 7337,
effective March 12, 2014, for the remainder of the 150 days; amended at 38 Ill. Reg. 849,
effective December 27, 2013; amended at 38 Ill. Reg. 14275, effective June 30, 2014; amended
at 38 Ill. Reg. 19919, effective October 2, 2014; amended at 39 Ill. Reg. 5401, effective March
27, 2015; amended at 39 Ill. Reg. 5593, effective April 1, 2015; amended at 40 Ill. Reg. 2952,
effective January 27, 2016; amended at 40 Ill. Reg. 8760, effective June 14, 2016; amended at 40
Ill. Reg. 12762, effective August 19, 2016; amended at 40 Ill. Reg. 15131, effective October 18,
2016; emergency amendment at 41 Ill. Reg. 2696, effective February 7, 2017, for a maximum of
ILLINOIS REGISTER 18629
20
ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
150 days; amended at 41 Ill. Reg. 2939, effective February 24, 2017; amended at 41 Ill. Reg.
4499, effective April 14, 2017; amended at 41 Ill. Reg. 10300, effective July 13, 2017; amended
at 42 Ill. Reg. 3126, effective February 2, 2018; amended at 42 Ill. Reg. 3735, effective February
6, 2018; emergency amendment at 43 Ill. Reg. 9261, effective August 13, 2019, for a maximum
of 150 days; emergency amendment, except for the definition of "in-location bonus jackpot
game" or "in-location progressive game" and the definition of "progressive jackpot" in Section
1800.110 and except for Section 1800.250(x), suspended at 43 Ill. Reg. 11061, effective
September 18, 2019; emergency amendment at 43 Ill. Reg. 9788, effective August 19, 2019, for
a maximum of 150 days; emergency amendment at 43 Ill. Reg. 11688, effective September 26,
2019, for a maximum of 150 days; emergency amendment at 43 Ill. Reg. 13464, effective
November 8, 2019, for a maximum of 150 days; emergency amendment suspended by the Joint
Committee on Administrative Rules at 43 Ill. Reg. 13479, effective November 12, 2019;
suspension withdrawn at 44 Ill. Reg. 3583; emergency amendment to emergency rule at 44 Ill.
Reg. 3568, effective February 21, 2020, for the remainder of the 150 days; amended at 43 Ill.
Reg. 14099, effective November 21, 2019; amended at 44 Ill. Reg. 489, effective December 27,
2019; amended at 44 Ill. Reg. 1961, effective December 31, 2019; amended at 44 Ill. Reg. 3205,
effective February 7, 2020; emergency amendment at 44 Ill. Reg. 10193, effective May 27, 2020,
for a maximum of 150 days; amended at 44 Ill. Reg. 16454, effective September 25, 2020;
amended at 44 Ill. Reg. 10891, effective June 10, 2020; emergency amendment at 44 Ill. Reg.
11104, effective June 15, 2020, for a maximum of 150 days; emergency expired November 11,
2020; amended at 44 Ill. Reg. 11134, effective June 22, 2020; emergency amendment at 44 Ill.
Reg. 13463, effective July 28, 2020, for a maximum of 150 days; amended at 45 Ill. Reg.
______, effective ____________.
SUBPART E: LICENSING PROCEDURES
Section 1800.570 Renewal of License
a) The Board may only renew a license upon receipt of the annualapplicable renewal
fee (see Section 45(g) of the Act) and any renewal forms provided by the Board.
b) The Board may only renew a license if the licensee continues to meet all
qualifications for licensure set forth in the Act and this Part. Renewal of a license
is not a ruling on the merits of any currently pending or future disciplinary action.
c) A license shall expire if the annualrenewal fee is not received by the Board prior
to the expiration of the license.
ILLINOIS REGISTER 18630
20
ILLINOIS GAMING BOARD
NOTICE OF PROPOSED AMENDMENTS
d) A licensee whose license is not renewed by its renewal date, including but not
limited to a licensee contesting a notice of nonrenewal or revocation of the
license, shall still pay its annual fee each year. Failure to pay the scheduled
annual fee shall cause the license to expire.
e) If a licensed video gaming location license, licensed technician license, or
licensed terminal handler license has expired due to the non-payment of the
annualrenewal fee, and the Board receives the licensee's annualrenewal fee within
10 business days following expiration of the license, the Board may renew the
license without requiring reapplication provided the licensee continues to meet all
qualifications for licensure set forth in the Act and this Part.
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 1800.580 AnnualRenewal Fees and Dates
For the purpose of defraying regulatory costs related to licensure, the annual fee shall be the
maximum permitted by Section 45(g) of the Act.A licensee shall pay the following license fees
annually, as applicable:
a) Manufacturer − $10,000
b) Distributor − $10,000
c) Terminal Operator − $5,000
d) Supplier − $2,000
e) Technician − $100
f) Licensed establishment, licensed truck stop establishment, licensed large truck
stop establishment, licensed fraternal establishment, or licensed veterans
establishment − $100
g) Video gaming terminal − $100
h) Terminal Handler − $100
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER 18631
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Boat and Snowmobile Registration and Safety
2) Code Citation: 17 Ill. Adm. Code 2010
3) Section Numbers: Proposed Actions:
2010.20 Amendment
2010.22 Repealed
2010.60 Amendment
2010.80 Amendment
4) Statutory Authority: Implementing and authorized by Sections 3-1, 3-1.5, 3-2, 3-3, 4-1
and 9-1 of the Boat Registration and Safety Act [625 ILCS 45/3-1, 3-1.5, 3-2, 3-3, 4-1
and 9-1] and the Snowmobile Registration and Safety Act [625 ILCS 40].
5) A Complete Description of the Subjects and Issues Involved: This Part is being amended
to comply with the USCG regulations.
6) Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporation by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking does not affect units of local
government.
12) Time, Place, and Manner in which interested persons may comment on this rulemaking:
John Fischer, Legal Counsel
Department of Natural Resources
One Natural Resources
Springfield IL 62702
217/524-2163
ILLINOIS REGISTER 18632
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
13) Initial Regulatory Flexibility Analysis: None
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
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the 2 most recent agendas because these amendments were not
known at the time of filing the Regulatory Agenda.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 18633
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER e: LAW ENFORCEMENT
PART 2010
BOAT AND SNOWMOBILE REGISTRATION AND SAFETY
Section
2010.10 Introduction (Repealed)
2010.20 Form of Application for Boat Registration and Title
2010.21 Application Requirements on Motorized Vehicles Titled by the Illinois Secretary
of State
2010.22 Water Usage Stamp Application for Non-powered Watercraft (Repealed)
2010.25 Form of Application for Snowmobile Registration
2010.30 Numbering Pattern to be Used for Boat Registration
2010.35 Numbering Pattern to be Used for Snowmobile Registration
2010.40 Display of Number on Boats
2010.50 Change of Address (Repealed)
2010.60 Reports in Case of Accident
2010.70 Statutory Authority (Repealed)
2010.80 Renewals for Boat and Snowmobile Registration
2010.82 Trail Use Stickers
2010.85 Mandatory Liability Insurance
2010.90 Authorized Dealers
2010.95 Penalties for Convictions
AUTHORITY: Implementing and authorized by Sections 3-1, 3-1.5, 3-2, 3-3, 4-1 and 9-1 of the
Boat Registration and Safety Act [625 ILCS 45] and the Snowmobile Registration and Safety
Act [625 ILCS 40].
SOURCE: Filed January 13, 1960; codified at 5 Ill. Reg. 10660; amended at 8 Ill. Reg. 7801,
effective May 23, 1984; amended at 10 Ill. Reg. 9769, effective May 21, 1986; recodified by
changing the agency name from Department of Conservation to Department of Natural
Resources at 20 Ill. Reg. 9389; amended at 21 Ill. Reg. 9028, effective June 26, 1997; amended
at 21 Ill. Reg. 15235, effective November 17, 1997; amended at 22 Ill. Reg. 14759, effective
August 3, 1998; amended at 26 Ill. Reg. 8142, effective May 17, 2002; amended at 35 Ill. Reg.
10764, effective June 23, 2011; amended at 37 Ill. Reg. 6762, effective May 1, 2013; amended at
45 Ill. Reg. ______, effective ____________.
ILLINOIS REGISTER 18634
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
Section 2010.20 Form of Application Requirements for Boat Registration and Title
a) The application form provided by the Department for the use of individuals in
applying for a certificate of registration and title (if never issued) shall include the
following:
1) Name and address of owner;
2) Address of owner, including Zip Code;Date of birth of owner
3) Owner's Social Security Number and Date of Birth, along with one of the
following:of owner
A) Driver's License number; or
B) State issued photographic State Identification Card number;
4) State in which the watercraft will be principally operated;Hull I.D.
Number
5) Number previously issued by a state or county registration
authority;Present Coast Guard number (if any). Federal documentation
papers shall be submitted with application.
6) Application type: Authorized terms are "new number", "renewal number",
or "transfer of ownership";Hull material (wood, steel, aluminum,
fiberglass, inflatable, other)
7) Primary operational use: Authorized terms are "charter fishing",
"commercial fishing", "commercial passenger carrying", "dealer or
manufacturer demonstration", "other commercial operation", "pleasure",
or "rent or lease";Type of propulsion (outboard, inboard, sail,
inboard/outdrive, other)
8) Make, model, model year and length of the vessel;Type of fuel (gas,
diesel, other)
9) Hull identification number, if any;Length of vessel
ILLINOIS REGISTER 18635
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DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
10) Vessel type: Authorized terms are "air boat", "Auxiliary sail", "cabin
motorboat", "houseboat", "inflatable boat", "open motorboat",
"paddlecraft", "personal watercraft", "pontoon boat", "rowboat", "sail
only", or "other";Make and year built (if known)
11) Hull material: Authorized terms are "aluminum", fiberglass", "plastic",
"rubber/vinyl/canvas", "steel", "wood", or "other";Horsepower of motor
and boat colors (2 most prevalent colors)
12) Engine drive type: Authorized terms are "inboard", "outboard", "pod
drive", "sterndrive", or "other";Statement as to use (pleasure, dealer,
rental, manufacturer, other)
13) Fuel: Authorized terms are "electric", "diesel", "gas", or "other";A
certificate of origin, lienholder information if any
14) A copy of the certificate of origin, if any;Signature of owner
15) Name and address of any lienholder; and
16) Signature of owner.
b) The signature of the applicant authorizes the Department to lower the remittance
in the event personal check is submitted for an incorrect fee.
c) For registrations processed through the Internet, the application form will also
contain fields for the dealer to include:
1) Registration decal inventory number; and
2) Dealer ID number.
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 2010.22 Water Usage Stamp Application for Non-powered Watercraft (Repealed)
a) Any person using a non-powered watercraft on the waters of this State shall apply
for a valid Water Usage Stamp through an electronic application system. The
ILLINOIS REGISTER 18636
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
electronic application shall include the following information unless listed as
optional:
1) Name and address of purchaser.
2) Date of birth of purchaser.
3) Social Security Number or DNR Customer Number.
4) Watercraft Hull Identification Number (optional).
5) Make, model and color of watercraft.
6) Previous State registration number (optional).
b) The Department may designate vendors to sell Water Usage Stamps in
accordance with 17 Ill. Adm. Code 2520.
c) Water Usage Stamps shall bear the calendar year the stamp is in effect and shall
expire December 31 of that calendar year.
d) The fee for the Water Usage Stamp shall be that established by statute (see 625
ILCS 45/3-1.5). Any individual who purchases more than 3 Water Usage Stamps
shall receive each subsequent stamp for ½ of the cost of the full price established
by statute.
e) If a Water Usage Stamp is lost, destroyed or mutilated beyond legibility, a new
full-priced Water Usage Stamp shall be required before the non-powered
watercraft is used on the waters of this State.
(Source: Repealed at 45 Ill. Reg. ______, effective ____________)
Section 2010.60 Reports in Case of Accident
a) Whenever a boat is involved in a collision or accident causing injury or death to
persons or property damage over $2000500, or a snowmobile is involved in a
collision or accident causing injury or death to persons or property damage over
$750, a report must be made to the Department. All accidents that result in death
or serious injury to any person shall be reported by the operator within 48 hours.
ILLINOIS REGISTER 18637
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
All other accidents shall be reported within 5 days.
b) Every Boating Accident Report shall include the following:
1) The numbers and/or names of vessels involved;
2) The locality where the accident occurred;
3) The time and date when the accident occurred;
4) Weather and water conditions at time of accident;
5) The name, address, age, and boat operating experience of the operator of
the reporting vessel;
6) The names and addresses of operators of other vessels involved;
7) The names and addresses of the owners of vessels or property involved;
8) The names and addresses of any person or persons injured or killed;
9) The nature and extent of injury to any person or persons;
10) A description of damage to property (including vessels) and estimated cost
of repairs;
11) A description of the accident (including opinions as to the causes);
12) The length, propulsion, horsepower, fuel and construction of the reporting
vessel;
13) Names and addresses of known witnesses; and
14) Information pertaining to the use or availability of life saving devices.
c) Every snowmobile accident report shall include the following:
1) The locality where the accident occurred;
ILLINOIS REGISTER 18638
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
2) The time and date of the accident;
3) Weather and snow conditions at time of accident;
4) Type of terrain;
5) The name, address, age, and operating experience of operator of the
snowmobile;.
6) The names and addresses of owners of the snowmobile involved;
7) The names and addresses of any person or persons injured or killed;
8) The nature and extent of injury to any person or persons;
9) A description of damage to property;
10) Nature of operation at time of accident;
11) A description of accident;
12) Operator's certificate number;
13) Names and addresses of know witnesses;
14) Description of snowmobiles;
15) Nature of assistance furnished;
16) Persons on snowmobile other than operator; and
17) Name and address of operator and registration of other vehicle involved.
d) Boat and snowmobile accidents shall be reported on forms provided by the
Department. Accident report forms may be obtained from the Department by
calling 217/782-6431 or writing to:
Department of Natural Resources
Division of Law Enforcement
ILLINOIS REGISTER 18639
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
One Natural Resources Way
Springfield IL 62702-1271
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 2010.80 Renewals for Boat and Snowmobile Registration
a) Renewal fees for boats shall be as set out in Section 3-2 of the Boat Registration
and Safety Act [625 ILCS 45/3-2].
b) Renewal fees for snowmobiles shall be as set out in Section 3-2 of the
Snowmobile Registration and Safety Act [625 ILCS 40/3-2].
c) Persons wishing to renew three year registrations via the Internet or the 1-800
phone system:
1) Must:
A) Make the renewal through the Department's Internet Home Page
(www.dnr.illinois.govwww.dnr.il.us) or by phone at 1-800-382-
1696.
B) Using the existing registration card, enter the IL registration
number, hull identification number or body serial number, and 3
letters of the owner's last name registered for the craft/snowmobile.
C) Enter necessary address change information.
D) Make payment via electronic commerce (example: credit card).
2) May be charged a convenience fee by the contract service provider. The
fee is established, set pursuant to the competitive bidding procedures of
the Illinois Procurement Code [30 ILCS 500] to cover the cost of the
transaction, including mailing and handling fees. Renewals may be
accomplished by mailing the application to the Department. The
applications shall be accompanied by a check or money order. No with no
convenience fee charges are added for payment by check or money order.
Mail-in renewals take 2-3 weeks processing time, plus delivery through
the mail.
ILLINOIS REGISTER 18640
20
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PROPOSED AMENDMENTS
3) Will, atAt the conclusion of the transaction, will immediately receive a
transaction confirmation number or new Internet registration card. This
affords the person the ability to then immediately pursue boating or
snowmobile activities. Both the Internet and phone systems offer
immediate registration verification for law enforcement.
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER 18641
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Income Tax
2) Code Citation: 86 Ill. Adm. Code 100
3) Section Number: Proposed Action:
100.2164 New Section
4) Statutory Authority: 35 ILCS 5/229, as amended by PA 101-31 and 101-604
5) A Complete Description of the Subjects and Issues Involved: The proposed rule
implements the new Section 229 of the Illinois Income Tax Act [35 ILCS 5/229] as
created and amended by PA 101-31 and 101-604. For tax years beginning on or after
January 1, 2019, taxpayers may claim a credit if they have been awarded a credit
certification by the Illinois Department of Commerce and Economic Opportunity under
20 ILCS 605/605-1025(b). The amount of the credit is equal to 20% of the wages paid
during the taxable year to a full-time or part-time employee of a construction contractor
employed by a certified data center if those wages are paid for the construction of a new
data center in a geographic area that meets certain socio-economic criteria.
6) Any published studies or reports, along with the sources of underlying data, that were
used to compose this rulemaking? None
7) Will this rulemaking replace an emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? Proposed rulemaking
incorporates the definition of "data center" found in 20 ILCS 605/605-1025(c).
10) Are there any other rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations:
100.3220 Amendment 44 Ill. Reg. 11132; July 6, 2020
100.3370 Amendment 44 Ill. Reg. 11132; July 6, 2020
100.7030 Amendment 44 Ill. Reg. 11132; July 6, 2020
100.7036 New Section 44 Ill. Reg. 11132; July 6, 2020
11) Statement of Statewide Policy Objective: These rules do not create or enlarge a mandate
as described in Section 3(b) of the State Mandates Act.
ILLINOIS REGISTER 18642
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
12) Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: Persons who wish to submit comments on this proposed rulemaking may
submit them in writing by no later than 45 days after publication of this Notice to:
Michael D Mankowski
Illinois Department of Revenue
Legal Services Office
101 West Jefferson
Springfield IL 62794
217/782-2844
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: Construction companies that are also small businesses, which are
employed by a qualifying certified data center and meet the credit requirements,
would benefit from the credit.
B) Reporting, bookkeeping or other procedures required for compliance: Ability to
track the wages of new employees created at a qualifying, certified data center.
C) Types of professional skills necessary for compliance: Accounting
14) Small Business Impact Analysis: Positive impact for any small businesses that qualify
for the credit. No adverse impact on other small businesses.
A) Types of businesses subject to the proposed rule:
23 Construction
51 Information
B) Categories that the agency reasonably believes the rulemaking will impact,
including:
i. Recordkeeping;
ILLINOIS REGISTER 18643
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the 2 most recent agendas due to complications related to the
COVID-19 pandemic.
The full text of the Proposed Amendment begins on the next page:
ILLINOIS REGISTER 18644
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 100
INCOME TAX
SUBPART A: TAX IMPOSED
Section
100.2000 Introduction
100.2050 Net Income (IITA Section 202)
100.2055 Standard Exemption (IITA Section 204)
100.2060 Compassionate Use of Medical Cannabis Pilot Program Act Surcharge (IITA
Section 201(o))
SUBPART B: CREDITS
Section
100.2100 Replacement Tax Investment Credit Prior to January 1, 1994 (IITA
Section 201(e))
100.2101 Replacement Tax Investment Credit (IITA 201(e))
100.2110 Investment Credit; Enterprise Zone and River Edge Redevelopment Zone (IITA
Section 201(f))
100.2120 Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone and River
Edge Redevelopment Zone (IITA Section 201(g))
100.2130 Investment Credit; High Impact Business (IITA 201(h))
100.2140 Credit Against Income Tax for Replacement Tax (IITA 201(i))
100.2150 Training Expense Credit (IITA 201(j))
100.2160 Research and Development Credit (IITA Section 201(k))
100.2163 Environmental Remediation Credit (IITA 201(l))
100.2164 Data Center Investment Credit (IITA Section 229)
100.2165 Education Expense Credit (IITA 201(m))
100.2170 Tax Credits for Coal Research and Coal Utilization Equipment (IITA 206)
100.2171 Angel Investment Credit (IITA 220)
100.2175 Invest in Kids Credit (IITA 224)
100.2180 Credit for Residential Real Property Taxes (IITA 208)
100.2181 Credit for Instructional Materials and Supplies (IITA) Section 225)
100.2185 Film Production Services Credit (IITA Section 213)
100.2190 Tax Credit for Affordable Housing Donations (IITA Section 214)
ILLINOIS REGISTER 18645
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.2193 Student-Assistance Contributions Credit (IITA 218)
100.2195 Dependent Care Assistance Program Tax Credit (IITA 210)
100.2196 Employee Child Care Assistance Program Tax Credit (IITA Section 210.5)
100.2197 Foreign Tax Credit (IITA Section 601(b)(3))
100.2198 Economic Development for a Growing Economy Credit (IITA 211)
100.2199 Illinois Earned Income Tax Credit (IITA Section 212)
SUBPART C: NET OPERATING LOSSES OF UNITARY BUSINESS GROUPS
OCCURRING PRIOR TO DECEMBER 31, 1986
Section
100.2200 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Scope
100.2210 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group (IITA Section
202) − Definitions
100.2220 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Current Net Operating Losses: Offsets Between Members
100.2230 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Carrybacks and Carryforwards
100.2240 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group: (IITA Section
202) − Effect of Combined Net Operating Loss in Computing Illinois Base
Income
100.2250 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group: (IITA Section
202) − Deadline for Filing Claims Based on Net Operating Losses Carried Back
From a Combined Apportionment Year
SUBPART D: ILLINOIS NET LOSS DEDUCTIONS FOR LOSSES
OCCURRING ON OR AFTER DECEMBER 31, 1986
Section
100.2300 Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986
(IITA 207)
100.2310 Computation of the Illinois Net Loss Deduction for Losses Occurring On or After
ILLINOIS REGISTER 18646
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
December 31, 1986 (IITA 207)
100.2320 Determination of the Amount of Illinois Net Loss for Losses Occurring On or
After December 31, 1986
100.2330 Illinois Net Loss Carrybacks and Net Loss Carryovers for Losses Occurring On or
After December 31, 1986 (IITA Section 207)
100.2340 Illinois Net Losses and Illinois Net Loss Deductions for Losses Occurring On or
After December 31, 1986, of Corporations that are Members of a Unitary
Business Group: Separate Unitary Versus Combined Unitary Returns
100.2350 Illinois Net Losses and Illinois Net Loss Deductions, for Losses Occurring On or
After December 31, 1986, of Corporations that are Members of a Unitary
Business Group: Changes in Membership
100.2360 Illinois Net Losses and Illinois Net Loss Deductions for Losses of Cooperatives
Occurring On or After December 31, 1986 (IITA Section 203(e)(2)(F))
SUBPART E: ADDITIONS TO AND SUBTRACTIONS FROM TAXABLE INCOME OF
INDIVIDUALS, CORPORATIONS, TRUSTS AND ESTATES AND PARTNERSHIPS
Section
100.2405 Gross Income, Adjusted Gross Income, Taxable Income and Base Income
Defined; Double Deductions Prohibited; Legislative Intention (IITA Section
203(e), (g) and (h))
100.2410 Net Operating Loss Carryovers for Individuals, and Capital Loss and Other
Carryovers for All Taxpayers (IITA Section 203)
100.2430 Addition and Subtraction Modifications for Transactions with 80/20 and
Noncombination Rule Companies
100.2435 Addition Modification for Student-Assistance Contribution Credit (IITA Sections
203(a)(2)(D-23), (b)(2)(E-16), (c)(2)(G-15), (d)(2)(D-10))
100.2450 IIT Refunds (IITA Section 203(a)(2)(H), (b)(2)(F), (c)(2)(J) and (d)(2)(F))
100.2455 Subtraction Modification: Federally Disallowed Deductions (IITA Sections
203(a)(2)(M), 203(b)(2)(I), 203(c)(2)(L) and 203(d)(2)(J))
100.2465 Claim of Right Repayments (IITA Section 203(a)(2)(P), (b)(2)(Q), (c)(2)(P) and
(d)(2)(M))
100.2470 Subtraction of Amounts Exempt from Taxation by Virtue of Illinois Law, the
Illinois or U.S. Constitutions, or by Reason of U.S. Treaties or Statutes (IITA
Sections 203(a)(2)(N), 203(b)(2)(J), 203(c)(2)(K) and 203(d)(2)(G))
100.2480 Enterprise Zone and River Edge Redevelopment Zone Dividend Subtraction
(IITA Sections 203(a)(2)(J), 203(b)(2)(K), 203(c)(2)(M) and 203(d)(2)(K))
100.2490 Foreign Trade Zone/High Impact Business Dividend Subtraction (IITA Sections
203(a)(2)(K), 203(b)(2)(L), 203(c)(2)(O), 203(d)(2)(M))
ILLINOIS REGISTER 18647
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
SUBPART F: BASE INCOME OF INDIVIDUALS
Section
100.2510 Subtraction for Contributions to Illinois Qualified Tuition Programs (Section 529
Plans) (IITA Section 203(a)(2)(Y)
100.2565 Subtraction for Recovery of Itemized Deductions (IITA Section 203(a)(2)(I))
100.2580 Medical Care Savings Accounts (IITA Sections 203(a)(2)(D-5), 203(a)(2)(S) and
203(a)(2)(T))
100.2590 Taxation of Certain Employees of Railroads, Motor Carriers, Air Carriers and
Water Carriers
SUBPART G: BASE INCOME OF CORPORATIONS
Section
100.2655 Subtraction Modification for Enterprise Zone and River Edge Redevelopment
Zone Interest (IITA Section 203(b)(2)(M))
100.2657 Subtraction Modification for High Impact Business Interest (IITA Section
203(b)(2)(M-1))
100.2665 Subtraction for Payments to an Attorney-in-Fact (IITA Section 203(b)(2)(R))
100.2668 Subtraction for Dividends from Controlled Foreign Corporations (IITA Section
203(b)(2)(Z))
SUBPART H: BASE INCOME OF TRUSTS AND ESTATES
Section
100.2770 Subtraction for Recovery of Itemized Deductions of a Decedent (IITA Section
203(c)(2)(W))
100.2775 Subtraction for Refunds of Taxes Paid to Other States for Which a Credit Was
Claimed (IITA Section 203(c)(2)(X))
SUBPART I: BASE INCOME OF PARTNERSHIPS
Section
100.2850 Subtraction Modification for Personal Service Income or Reasonable Allowance
for Compensation to Partners (IITA Section 203(d)(2)(H))
SUBPART J: GENERAL RULES OF ALLOCATION AND
APPORTIONMENT OF BASE INCOME
ILLINOIS REGISTER 18648
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Section
100.3000 Terms Used in Article 3 (IITA Section 301)
100.3010 Business and Nonbusiness Income (IITA Section 301)
100.3015 Business Income Election (IITA Section 1501)
100.3020 Resident (IITA Section 301)
SUBPART K: COMPENSATION
Section
100.3100 Compensation (IITA Section 302)
100.3110 State (IITA Section 302)
100.3120 Allocation of Compensation Paid to Nonresidents (IITA Section 302)
SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS
Section
100.3200 Taxability in Other State (IITA Section 303)
100.3210 Commercial Domicile (IITA Section 303)
100.3220 Allocation of Certain Items of Nonbusiness Income by Persons Other Than
Residents (IITA Section 303)
SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS
Section
100.3300 Allocation and Apportionment of Base Income (IITA Section 304)
100.3310 Business Income of Persons Other Than Residents (IITA Section 304) − In
General
100.3320 Business Income of Persons Other Than Residents (IITA Section 304) −
Apportionment (Repealed)
100.3330 Business Income of Persons Other Than Residents (IITA Section 304) −
Allocation
100.3340 Business Income of Persons Other Than Residents (IITA Section 304)
100.3350 Property Factor (IITA Section 304)
100.3360 Payroll Factor (IITA Section 304)
100.3370 Sales Factor (IITA Section 304)
100.3371 Sales Factor for Telecommunications Services
100.3373 Sales Factor for Publishing
100.3380 Special Rules (IITA Section 304)
ILLINOIS REGISTER 18649
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.3390 Petitions for Alternative Allocation or Apportionment (IITA Section 304(f))
100.3400 Apportionment of Business Income of Financial Organizations for Taxable Years
Ending Prior to December 31, 2008 (IITA Section 304(c))
100.3405 Apportionment of Business Income of Financial Organizations for Taxable Years
Ending on or after December 31, 2008 (IITA Section 304(c))
100.3420 Apportionment of Business Income of Insurance Companies (IITA Section
304(b))
100.3450 Apportionment of Business Income of Transportation Companies (IITA Section
304(d))
100.3500 Allocation and Apportionment of Base Income by Nonresident Partners
100.3600 Combined Apportionment for Taxpayers Using Different Apportionment
Formulas (IITA Section 1501(a)(27))
SUBPART N: ACCOUNTING
Section
100.4500 Carryovers of Tax Attributes (IITA Section 405)
SUBPART O: TIME AND PLACE FOR FILING RETURNS
Section
100.5000 Time for Filing Returns (IITA Section 505)
100.5010 Place for Filing Returns: All Taxpayers (IITA Section 505)
100.5020 Extensions of Time for Filing Returns: All Taxpayers (IITA Section 505)
100.5030 Taxpayer's Notification to the Department of Certain Federal Changes Arising in
Federal Consolidated Return Years, and Arising in Certain Loss Carryback Years
(IITA Section 506)
100.5040 Innocent Spouses
100.5050 Frivolous Returns
100.5060 Reportable Transactions (IITA Section 501(b))
100.5070 List of Investors in Potentially Abusive Tax Shelters and Reportable Transactions
100.5080 Registration of Tax Shelters (IITA Section 1405.5)
SUBPART P: COMPOSITE RETURNS
Section
100.5100 Composite Returns: Eligibility (IITA Section 502(f))
100.5110 Composite Returns: Responsibilities of Authorized Agent
100.5120 Composite Returns: Individual Liability
ILLINOIS REGISTER 18650
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.5130 Composite Returns: Required forms and computation of Income (IITA Section
502(f))
100.5140 Composite Returns: Estimated Payments
100.5150 Composite Returns: Tax, Penalties and Interest
100.5160 Composite Returns: Credits on Separate Returns
100.5170 Composite Returns: Definition of a "Lloyd's Plan of Operation"
100.5180 Composite Returns: Overpayments and Underpayments
SUBPART Q: COMBINED RETURNS
Section
100.5200 Filing of Combined Returns
100.5201 Definitions and Miscellaneous Provisions Relating to Combined Returns
100.5205 Election to File a Combined Return
100.5210 Procedures for Elective and Mandatory Filing of Combined Returns
100.5215 Filing of Separate Unitary Returns (IITA Section 304(e))
100.5220 Designated Agent for the Members (IITA Section 304(e))
100.5230 Combined Estimated Tax Payments
100.5240 Claims for Credit of Overpayments
100.5250 Liability for Combined Tax, Penalty and Interest
100.5260 Combined Amended Returns
100.5265 Common Taxable Year
100.5270 Computation of Combined Net Income and Tax (IITA Section 304(e))
100.5280 Combined Return Issues Related to Audits
SUBPART R: PAYMENTS
Section
100.6000 Payment on Due Date of Return (IITA Section 601)
SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING
Section
100.7000 Requirement of Withholding (IITA Section 701)
100.7010 Compensation Paid in this State (IITA Section 701)
100.7020 Transacting Business Within this State (IITA Section 701)
100.7030 Payments to Residents (IITA Section 701)
100.7035 Nonresident Partners, Subchapter S Corporation Shareholders, and Trust
Beneficiaries (IITA Section 709.5)
ILLINOIS REGISTER 18651
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.7040 Employer Registration (IITA Section 701)
100.7050 Computation of Amount Withheld (IITA Section 702)
100.7060 Additional Withholding (IITA Section 701)
100.7070 Voluntary Withholding (IITA Section 701)
100.7080 Correction of Underwithholding or Overwithholding (IITA Section 701)
100.7090 Reciprocal Agreement (IITA Section 701)
100.7095 Cross References
SUBPART T: AMOUNT EXEMPT FROM WITHHOLDING
Section
100.7100 Withholding Exemption (IITA Section 702)
100.7110 Withholding Exemption Certificate (IITA Section 702)
100.7120 Exempt Withholding Under Reciprocal Agreements (IITA Section 702)
SUBPART U: INFORMATION STATEMENT
Section
100.7200 Reports for Employee (IITA Section 703)
SUBPART V: EMPLOYER'S RETURN AND PAYMENT OF TAX WITHHELD
Section
100.7300 Returns and Payments of Income Tax Withheld from Wages (IITA Sections 704
and 704A)
100.7310 Returns Filed and Payments Made on Annual Basis (IITA Sections 704 and
704A)
100.7320 Time for Filing Returns and Making Payments for Taxes Required to Be
Withheld Prior to January 1, 2008 (IITA Section 704)
100.7325 Time for Filing Returns and Making Payments for Taxes Required to Be
Withheld On or After January 1, 2008 (IITA Section 704A)
100.7330 Payment of Tax Required to be Shown Due on a Return (IITA Sections 704 and
704A)
100.7340 Correction of Underwithholding or Overwithholding (IITA Section 704)
100.7350 Domestic Service Employment (IITA Sections 704 and 704A)
100.7360 Definitions and Special Provisions Relating to Reporting and Payment of Income
Tax Withheld (IITA Sections 704 and 704A)
100.7370 Penalty and Interest Provisions Relating to Reporting and Payment of Income Tax
Withheld (IITA Sections 704 and 704A)
ILLINOIS REGISTER 18652
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.7380 Economic Development for a Growing Economy (EDGE) and Small Business Job
Creation Credit (IITA Section 704A(g) and (h))
100.7390 Minimum Wage Tax Credit (IITA Section 704A(i))
SUBPART W: ESTIMATED TAX PAYMENTS
Section
100.8000 Payment of Estimated Tax (IITA Section 803)
100.8010 Failure to Pay Estimated Tax (IITA Sections 804 and 806)
SUBPART X: COLLECTION AUTHORITY
Section
100.9000 General Income Tax Procedures (IITA Section 901)
100.9010 Collection Authority (IITA Section 901)
100.9020 Child Support Collection (IITA Section 901)
SUBPART Y: NOTICE AND DEMAND
Section
100.9100 Notice and Demand (IITA Section 902)
SUBPART Z: ASSESSMENT
Section
100.9200 Assessment (IITA Section 903)
100.9210 Waiver of Restrictions on Assessment (IITA Section 907)
SUBPART AA: DEFICIENCIES AND OVERPAYMENTS
Section
100.9300 Deficiencies and Overpayments (IITA Section 904)
100.9310 Application of Tax Payments Within Unitary Business Groups (IITA Section 603)
100.9320 Limitations on Notices of Deficiency (IITA Section 905)
100.9330 Further Notices of Deficiency Restricted (IITA Section 906)
SUBPART BB: CREDITS AND REFUNDS
Section
100.9400 Credits and Refunds (IITA Section 909)
ILLINOIS REGISTER 18653
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.9410 Limitations on Claims for Refund (IITA Section 911)
100.9420 Recovery of Erroneous Refund (IITA Section 912)
SUBPART CC: INVESTIGATIONS AND HEARINGS
Section
100.9500 Access to Books and Records (IITA Section 913)
100.9505 Access to Books and Records − 60-Day Letters (IITA Section 913) (Repealed)
100.9510 Taxpayer Representation and Practice Requirements
100.9520 Conduct of Investigations and Hearings (IITA Section 914)
100.9530 Books and Records
SUBPART DD: JUDICIAL REVIEW
Section
100.9600 Administrative Review Law (IITA Section 1201)
SUBPART EE: DEFINITIONS
Section
100.9700 Unitary Business Group Defined (IITA Section 1501)
100.9710 Financial Organizations (IITA Section 1501)
100.9715 Transportation Companies (IITA Section 304(d))
100.9720 Nexus
100.9730 Investment Partnerships (IITA Section 1501(a)(11.5))
100.9750 Corporation, Subchapter S Corporation, Partnership and Trust Defined (IITA
Section 1501)
SUBPART FF: LETTER RULING PROCEDURES
Section
100.9800 Letter Ruling Procedures
SUBPART GG: MISCELLANEOUS
Section
100.9900 Tax Shelter Voluntary Compliance Program
100.9910 State Tax Preparer Oversight Act [35 ILCS 35]
ILLINOIS REGISTER 18654
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.APPENDIX A Business Income Of Persons Other Than Residents (Repealed)
100.TABLE A Example of Unitary Business Apportionment (Repealed)
100.TABLE B Example of Unitary Business Apportionment for Groups Which
Include Members Using Three-Factor and Single-Factor Formulas
(Repealed)
AUTHORITY: Implementing the Illinois Income Tax Act [35 ILCS 5] and authorized by
Section 1401 of the Illinois Income Tax Act [35 ILCS 5].
SOURCE: Filed July 14, 1971, effective July 24, 1971; amended at 2 Ill. Reg. 49, p. 84,
effective November 29, 1978; amended at 5 Ill. Reg. 813, effective January 7, 1981; amended at
5 Ill. Reg. 4617, effective April 14, 1981; amended at 5 Ill. Reg. 4624, effective April 14, 1981;
amended at 5 Ill. Reg. 5537, effective May 7, 1981; amended at 5 Ill. Reg. 5705, effective May
20, 1981; amended at 5 Ill. Reg. 5883, effective May 20, 1981; amended at 5 Ill. Reg. 6843,
effective June 16, 1981; amended at 5 Ill. Reg. 13244, effective November 13, 1981; amended at
5 Ill. Reg. 13724, effective November 30, 1981; amended at 6 Ill. Reg. 579, effective December
29, 1981; amended at 6 Ill. Reg. 9701, effective July 26, 1982; amended at 7 Ill. Reg. 399,
effective December 28, 1982; amended at 8 Ill. Reg. 6184, effective April 24, 1984; codified at 8
Ill. Reg. 19574; amended at 9 Ill. Reg. 16986, effective October 21, 1985; amended at 9 Ill. Reg.
685, effective December 31, 1985; amended at 10 Ill. Reg. 7913, effective April 28, 1986;
amended at 10 Ill. Reg. 19512, effective November 3, 1986; amended at 10 Ill. Reg. 21941,
effective December 15, 1986; amended at 11 Ill. Reg. 831, effective December 24, 1986;
amended at 11 Ill. Reg. 2450, effective January 20, 1987; amended at 11 Ill. Reg. 12410,
effective July 8, 1987; amended at 11 Ill. Reg. 17782, effective October 16, 1987; amended at 12
Ill. Reg. 4865, effective February 25, 1988; amended at 12 Ill. Reg. 6748, effective March 25,
1988; amended at 12 Ill. Reg. 11766, effective July 1, 1988; amended at 12 Ill. Reg. 14307,
effective August 29, 1988; amended at 13 Ill. Reg. 8917, effective May 30, 1989; amended at 13
Ill. Reg. 10952, effective June 26, 1989; amended at 14 Ill. Reg. 4558, effective March 8, 1990;
amended at 14 Ill. Reg. 6810, effective April 19, 1990; amended at 14 Ill. Reg. 10082, effective
June 7, 1990; amended at 14 Ill. Reg. 16012, effective September 17, 1990; emergency
amendment at 17 Ill. Reg. 473, effective December 22, 1992, for a maximum of 150 days;
amended at 17 Ill. Reg. 8869, effective June 2, 1993; amended at 17 Ill. Reg. 13776, effective
August 9, 1993; recodified at 17 Ill. Reg. 14189; amended at 17 Ill. Reg. 19632, effective
November 1, 1993; amended at 17 Ill. Reg. 19966, effective November 9, 1993; amended at 18
Ill. Reg. 1510, effective January 13, 1994; amended at 18 Ill. Reg. 2494, effective January 28,
1994; amended at 18 Ill. Reg. 7768, effective May 4, 1994; amended at 19 Ill. Reg. 1839,
effective February 6, 1995; amended at 19 Ill. Reg. 5824, effective March 31, 1995; emergency
amendment at 20 Ill. Reg. 1616, effective January 9, 1996, for a maximum of 150 days; amended
at 20 Ill. Reg. 6981, effective May 7, 1996; amended at 20 Ill. Reg. 10706, effective July 29,
ILLINOIS REGISTER 18655
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
1996; amended at 20 Ill. Reg. 13365, effective September 27, 1996; amended at 20 Ill. Reg.
14617, effective October 29, 1996; amended at 21 Ill. Reg. 958, effective January 6, 1997;
emergency amendment at 21 Ill. Reg. 2969, effective February 24, 1997, for a maximum of 150
days; emergency expired July 24, 1997; amended at 22 Ill. Reg. 2234, effective January 9, 1998;
amended at 22 Ill. Reg. 19033, effective October 1, 1998; amended at 22 Ill. Reg. 21623,
effective December 15, 1998; amended at 23 Ill. Reg. 3808, effective March 11, 1999; amended
at 24 Ill. Reg. 10593, effective July 7, 2000; amended at 24 Ill. Reg. 12068, effective July 26,
2000; emergency amendment at 24 Ill. Reg. 17585, effective November 17, 2000, for a
maximum of 150 days; amended at 24 Ill. Reg. 18731, effective December 11, 2000; amended at
25 Ill. Reg. 4640, effective March 15, 2001; amended at 25 Ill. Reg. 4929, effective March 23,
2001; amended at 25 Ill. Reg. 5374, effective April 2, 2001; amended at 25 Ill. Reg. 6687,
effective May 9, 2001; amended at 25 Ill. Reg. 7250, effective May 25, 2001; amended at 25 Ill.
Reg. 8333, effective June 22, 2001; amended at 26 Ill. Reg. 192, effective December 20, 2001;
amended at 26 Ill. Reg. 1274, effective January 15, 2002; amended at 26 Ill. Reg. 9854, effective
June 20, 2002; amended at 26 Ill. Reg. 13237, effective August 23, 2002; amended at 26 Ill. Reg.
15304, effective October 9, 2002; amended at 26 Ill. Reg. 17250, effective November 18, 2002;
amended at 27 Ill. Reg. 13536, effective July 28, 2003; amended at 27 Ill. Reg. 18225, effective
November 17, 2003; emergency amendment at 27 Ill. Reg. 18464, effective November 20, 2003,
for a maximum of 150 days; emergency expired April 17, 2004; amended at 28 Ill. Reg. 1378,
effective January 12, 2004; amended at 28 Ill. Reg. 5694, effective March 17, 2004; amended at
28 Ill. Reg. 7125, effective April 29, 2004; amended at 28 Ill. Reg. 8881, effective June 11,
2004; emergency amendment at 28 Ill. Reg. 14271, effective October 18, 2004, for a maximum
of 150 days; amended at 28 Ill. Reg. 14868, effective October 26, 2004; emergency amendment
at 28 Ill. Reg. 15858, effective November 29, 2004, for a maximum of 150 days; amended at 29
Ill. Reg. 2420, effective January 28, 2005; amended at 29 Ill. Reg. 6986, effective April 26,
2005; amended at 29 Ill. Reg. 13211, effective August 15, 2005; amended at 29 Ill. Reg. 20516,
effective December 2, 2005; amended at 30 Ill. Reg. 6389, effective March 30, 2006; amended at
30 Ill. Reg. 10473, effective May 23, 2006; amended by 30 Ill. Reg. 13890, effective August 1,
2006; amended at 30 Ill. Reg. 18739, effective November 20, 2006; amended at 31 Ill. Reg.
16240, effective November 26, 2007; amended at 32 Ill. Reg. 872, effective January 7, 2008;
amended at 32 Ill. Reg. 1407, effective January 17, 2008; amended at 32 Ill. Reg. 3400, effective
February 25, 2008; amended at 32 Ill. Reg. 6055, effective March 25, 2008; amended at 32 Ill.
Reg. 10170, effective June 30, 2008; amended at 32 Ill. Reg. 13223, effective July 24, 2008;
amended at 32 Ill. Reg. 17492, effective October 24, 2008; amended at 33 Ill. Reg. 1195,
effective December 31, 2008; amended at 33 Ill. Reg. 2306, effective January 23, 2009; amended
at 33 Ill. Reg. 14168, effective September 28, 2009; amended at 33 Ill. Reg. 15044, effective
October 26, 2009; amended at 34 Ill. Reg. 550, effective December 22, 2009; amended at 34 Ill.
Reg. 3886, effective March 12, 2010; amended at 34 Ill. Reg. 12891, effective August 19, 2010;
amended at 35 Ill. Reg. 4223, effective February 25, 2011; amended at 35 Ill. Reg. 15092,
ILLINOIS REGISTER 18656
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
effective August 24, 2011; amended at 36 Ill. Reg. 2363, effective January 25, 2012; amended at
36 Ill. Reg. 9247, effective June 5, 2012; amended at 37 Ill. Reg. 5823, effective April 19, 2013;
amended at 37 Ill. Reg. 20751, effective December 13, 2013; recodified at 38 Ill. Reg. 4527;
amended at 38 Ill. Reg. 9550, effective April 21, 2014; amended at 38 Ill. Reg. 13941, effective
June 19, 2014; amended at 38 Ill. Reg. 15994, effective July 9, 2014; amended at 38 Ill. Reg.
17043, effective July 23, 2014; amended at 38 Ill. Reg. 18568, effective August 20, 2014;
amended at 38 Ill. Reg. 23158, effective November 21, 2014; emergency amendment at 39 Ill.
Reg. 483, effective December 23, 2014, for a maximum of 150 days; amended at 39 Ill. Reg.
1768, effective January 7, 2015; amended at 39 Ill. Reg. 5057, effective March 17, 2015;
amended at 39 Ill. Reg. 6884, effective April 29, 2015; amended at 39 Ill. Reg. 15594, effective
November 18, 2015; amended at 40 Ill. Reg. 1848, effective January 5, 2016; amended at 40 Ill.
Reg. 10925, effective July 29, 2016; amended at 40 Ill. Reg. 13432, effective September 7, 2016;
amended at 40 Ill. Reg. 14762, effective October 12, 2016; amended at 40 Ill. Reg. 15575,
effective November 2, 2016; amended at 41 Ill. Reg. 4193, effective March 27, 2017; amended
at 41 Ill. Reg. 6379, effective May 22, 2017; amended at 41 Ill. Reg. 10662, effective August 3,
2017; amended at 41 Ill. Reg. 12608, effective September 21, 2017; amended at 41 Ill. Reg.
14217, effective November 7, 2017; emergency amendment at 41 Ill. Reg. 15097, effective
November 30, 2017, for a maximum of 150 days; amended at 42 Ill. Reg. 4953, effective
February 28, 2018; amended at 42 Ill. Reg. 6451, effective March 21, 2018; recodified Subpart H
to Subpart G at 42 Ill. Reg. 7980; amended at 42 Ill. Reg. 17852, effective September 24, 2018;
amended at 42 Ill. Reg. 19190, effective October 12, 2018; amended at 43 Ill. Reg. 727, effective
December 18, 2018; amended at 43 Ill. Reg. 10124, effective August 27, 2019; amended at 44
Ill. Reg. 2363, effective January 17, 2020; amended at 44 Ill. Reg. 2845, effective January 30,
2020; emergency amendment at 44 Ill. Reg. 4700, effective March 4, 2020, for a maximum of
150 days; emergency expired July 31, 2020; amended at 44 Ill. Reg. 10907, effective June 10,
2020; emergency amendment at 44 Ill. Reg. 11208, effective June 17, 2020, for a maximum of
150 days; emergency expired November 13, 2020; amended at 44 Ill. Reg. 17414, effective
October 13, 2020; amended at 45 Ill. Reg. ______, effective ____________.
SUBPART B: CREDITS
Section 100.2164 Data Center Investment Credit (IITA Section 229)
a) For taxable years beginning on or after January 1, 2019, a taxpayer who has been
awarded a credit by the Department of Commerce and Economic Opportunity
(DCEO) under Section 605-1025(b) of the Department of Commerce and
Economic Opportunity Law of the Civil Administrative Code of Illinois [20 ILCS
605] (DCEO Law) is entitled to a credit against the taxes imposed under IITA
Section 201 (a) and (b). (IITA Section 229(a))
ILLINOIS REGISTER 18657
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
b) Data Center. For the purposes of the data center investment credit, "data center"
shall have the same meaning as when used in Section 605-1025(c) of the DCEO
Law.
c) The credit shall be computed as established in this subsection. The amount of the
credit shall be 20% of the wages paid during the taxable year to a full-time or
part-time employee of a construction contractor employed by a certified data
center if those wages are paid for the construction of a new data center in a
geographic area that meets any one of the following criteria:
1) the area has a poverty rate of at least 20%, according to the latest federal
decennial census;
2) 75% or more of the children in the area participate in the federal free
lunch program, according to reported statistics from the State Board of
Education;
3) 20% or more of the households in the area receive assistance under the
Supplemental Nutrition Assistance Program (SNAP); or
4) the area has an average unemployment rate, as determined by the
Department of Employment Security, that is more than 120% of the
national unemployment average, as determined by the U.S. Department of
Labor, for a period of at least 2 consecutive calendar years preceding the
date of the application. (IITA Section 229(a))
d) Year in Which Credit is Taken. The credit allowed under this Section shall be
taken in the taxable year that includes the date of the tax credit award issued by
DCEO under Section 605-1025(b) of the DCEO Law.
e) In the case of a credit earned by a partnership or subchapter S corporation, the
credit passes through to the owners as provided in the partnership agreement
under IRC section 704(a) or in proportion to their ownership of the stock of the
subchapter S corporation under IRC section 1366(a). The credit earned by a
partnership or subchapter S corporation will be treated as earned by its owners as
of the last day of the taxable year of the partnership or subchapter S corporation in
which the tax credit award was issued by DCEO under Section 605-1025(b) of the
DCEO Law. The credit shall be allowed to each owner in the taxable year of the
ILLINOIS REGISTER 18658
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
owner in which the taxable year of the partnership or subchapter S corporation
ends.
f) In no event shall a credit under this Section reduce the taxpayer's liability to less
than zero. If the amount of the credit exceeds the tax liability for the year, the
excess may be carried forward and applied to the tax liability of the 5 taxable
years following the excess credit year. The tax credit shall be applied to the
earliest year for which there is a tax liability. If there are credits for more than
one year that are available to offset a liability, the earlier credit shall be applied
first. (IITA Section 229(b))
g) Revocation. No credit shall be allowed with respect to any certification for any
taxable year ending after the revocation of the certification by DCEO. Upon
receiving notification by DCEO of the revocation of certification, the Department
shall notify the taxpayer that no credit is allowed for any taxable year ending
after the revocation date, as stated in the notification. (IITA Section 229(c))
h) If any credit has been allowed with respect to a certification for a taxable year
ending after the revocation date, any refund paid to the taxpayer for that taxable
year shall be, to the extent of that credit allowed, an erroneous refund within the
meaning of IITA Section 912. (IITA Section 229(c))
i) Documentation of the Credit. A claimant shall attach to its Illinois income tax
return:
1) a copy of the Tax Credit Certificate and/or annual certification (if any)
issued by DCEO; and
2) in the case of a partner in a partnership or shareholder of a subchapter S
corporation that earned the credit, a Schedule K-1-P or other written
statement from the partnership or subchapter S corporation stating:
A) the portion of the total credit shown on the Tax Credit Certificate
that is allowed to that partner or shareholder; and
B) the taxable year of the partnership or subchapter S corporation in
which the Tax Credit Certificate was issued.
ILLINOIS REGISTER 18659
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
j) This Section is exempt from the automatic sunset provisions of IITA Section 250.
(IITA Section 229(a))
(Source: Added at 45 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER 18660
20
SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Public Library Non-Resident Services
2) Code Citation: 23 Ill. Adm. Code 3050
3) Section Numbers: Proposed Actions:
3050.10 Amendment
3050.45 New Section
3050.60 Amendment
3050.75 New Section
4) Statutory Authority: Implementing and authorized by Section 4-17 of the Illinois Local
Library Act [75 ILCS 5/4-7], and authorized by Section 30-55.60 of the Public Library
District Act of 1991 [75 ILCS 16/30-55.60] and Section 8.25 of The State Mandates Act
[30 ILCS 805/8.25].
5) A Complete Description of the Subjects and Issues Involved: The rulemaking includes
new Sections addressing access to electronic resources for non-residents (Section
3050.45); the Cards for Kids program (Section 3050.75); and reduced or free non-
resident cards for disabled veterans (Section 3050.60). The terms "E-Resources",
"Student" and "Veteran" are defined in Section 3030.10. The E-Resource Card will allow
non-residents to access the digital content that the closest public library can provide at no
charge. The Cards for Kids program that was enacted in PA 101-632 will provide at no
fee library cards to non-resident K-12 students whose household falls at or below the
United States Department of Agriculture's Income Eligibility Guidelines. The non-
resident fee shall not apply to veterans with a service-connected disability of at least 70%
and who are exempt from paying property taxes on their primary residence in compliance
with the Disabled Veterans' Standard Homestead Exemption [35 ILCS 200/15-169].
6) Published studies or reports, and sources of underlying date, used to compose this
rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain any automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
ILLINOIS REGISTER 18661
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SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
11) Statement of Statewide Policy Objective: The policy objective of this rulemaking is to
expand library services to non-residents.
12) Time, Place and Manner in which interested persons may comment on this proposed
rulemaking:
Joseph Natale
Chief Deputy Director
Illinois State Library
Gwendolyn Brooks Building
Springfield IL 62701-1796
217/558-4185
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: Public libraries
B) Reporting, bookkeeping or other procedures required for compliance: Public
libraries are required to annually report to library systems their participation in
non-resident program.
C) Types of professional skills necessary for compliance: Basic recordkeeping of
non-resident library card holders.
14) Small Business Impact Analysis: There is no impact on small businesses.
15) Regulatory Agenda on which these rules were summarized: July 2020
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 18662
20
SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
Section
3050.10 Definitions
3050.20 Public Library Responsibilities
3050.25 Applying for a Non-Resident Library Card
3050.30 Regional Library System Responsibilities
3050.40 Options for Non-Resident Library Cards
3050.45 E-Resources to Non-Residents
3050.50 Criteria for Non-Resident Library Cards
3050.60 Non-Resident Fee Formula
3050.70 Non-Resident Property Owner and Leasee
3050.75 Cards for Kids
3050.80 Contractual Services
3050.90 State Mandates Act Exemption
AUTHORITY: Implementing and authorized by Section 4-7 of the Illinois Local Library Act
[75 ILCS 5], and authorized by Section 30-55.60 of the Public Library District Act of 1991 [75
ILCS 16] and Section 8.25 of the State Mandates Act [30 ILCS 805].
SOURCE: Adopted at 26 Ill. Reg. 5974, effective July 1, 2002; amended at 39 Ill. Reg. 5253,
effective March 20, 2015; amended at 44 Ill. Reg. 2010, effective January 7, 2020; emergency
amendment at 44 Ill. Reg. 11910, effective July 1, 2020, for a maximum of 150 days; emergency
expired November 27, 2020; amended at 45 Ill. Reg. ______, effective ____________.
Section 3050.10 Definitions
"Closest public library" means a participating public library that issues non-
resident library cards that meet the conditions of Section 3050.25. The closest
public library for the non-resident shall be determined by the location of a
participating public library.
"Commonality of community interests" means activities involving, but not limited
to, education, retail, commercial, cultural, civic, health facilities, financial
ILLINOIS REGISTER 18663
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SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
institutions and recreation.
"E-Resources" means materials in a digital format that are accessible
electronically. E-resources may be created or acquired for providing library
services. Examples include, but are not limited to, e-journals, e-books, electronic
database collections, and downloadable audio or video files.
"Non-resident" means an individual residing in Illinois who does not have his or
her principal residence within thea public library service area.
"Non-resident library card" means the library card purchased by an individual
residing in an area not taxed for public library service from a participating public
library.
"Participating public library" means the public library whose board of trustees
authorizes the issuance of non-resident library cards.
"Public library" has the definition ascribed at 23 Ill. Adm. Code 3030.110.
"Public library service area" means the legal territory served by the public library.
"School district" means high school district or unit district.
"Student", for purposes of this Part, means an individual currently enrolled in a
public or nonprofit private school (K-12) who does not have his or her principal
residence within a public library service area.
"Veteran" means an Illinois resident who has served as a member of the United
States Armed Forces on active duty or State active duty, a member of the Illinois
National Guard, or a member of the United States Reserve Forces who has
received an honorable discharge.
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 3050.45 E-Resources to Non-Residents
a) The public library board of trustees may annually take action to offer non-
residents access to E-Resources, free of charge.
ILLINOIS REGISTER 18664
20
SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
b) E-Resource access does not allow the non-resident to:
1) checkout traditional circulating items;
2) access interlibrary loan services; or
3) access the collections of other libraries in the State.
c) The non-resident shall apply for access to E-Resources as stipulated in Section
3050.25.
(Source: Added at 45 Ill. Reg. ______, effective ____________)
Section 3050.60 Non-Resident Fee Formula
A public library can use three options to determine its non-resident fee according to the formula
established by the Illinois State Library [75 ILCS 5/4-7(12) and 16/30-55.60]. In subsections (a)
and (b) of this Section, the non-resident fee shall be equitable and proportionate to the fee paid
by residents.
a) General Mathematical Formula
1) To determine the minimum non-resident fee, a local library should divide
the library income from public property tax sources or its equivalent by
the local population to determine the cost of service per capita. In the case
of endowed libraries that receive no income from local tax sources of any
kind and meet the requirements for library system membership, the
endowed library may determine the minimum non-resident fee by dividing
the amount of income it receives from non-tax sources that is required to
qualify for per capita grants provided in Section 8.1 of the Illinois Library
System Act by the local population to determine the cost of service per
capita. All public libraries should then multiply the per capita figure by
the average number of persons per household in the community to obtain
the average cost per household on which to base a fee for a family card.
The most recent federal census information available shall be used in
determining population and household size.
2) Library income from local property tax sources excludes State and federal
funds.
ILLINOIS REGISTER 18665
20
SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
b) Tax Bill Methods
1) Non-Resident Taxpayer: The library tax rate or equivalent, including all
special levies, is applied to the non-resident property owner's principal
residence assessed valuation on an individual, case by case basis. The
most recent property tax bill will be used. The property owner will pay
the same amount as would be paid if the property were in the library
service area.
2) Non-Resident Renter: The library shall either charge a minimum of 15
percent of the monthly rent as the annual non-resident fee, or devise its
own formula. The local formula shall take into account the average local
rent of the general community of the public library, the property tax rate,
and the non-resident fee for residential homeowners. The library board
shall annually determine the percent to be applied to non-resident renters.
The renter shall provide to the public library a current rent receipt or a
cancelled rent check for verification purposes.
c) Adoption of the Average Non-Resident Fee in the System Area
1) In public library service areas with a disproportionately large share of the
property valuation in agricultural, industrial, mining, commercial or other
non-residential property, the library board of trustees may ask the Director
of the Illinois State Library for authorization to adopt as its non-resident
fee the average non-resident fee in the system in which the library is
located.
2) This exception is not a general alternative to the formula and will apply
only under the conditions stated in subsection (c)(1), with the approval of
the Illinois State Library.
d) The non-resident fee shall not apply to veterans with a service-connected
disability of at least 70% who are exempt from paying property taxes on their
primary residence.
1) The non-resident fee shall not apply to the unmarried surviving spouse of
a veteran who has previously qualified for this exemption prior to his/her
death.
ILLINOIS REGISTER 18666
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SECRETARY OF STATE
NOTICE OF PROPOSED AMENDMENTS
2) The non-resident fee shall not apply to an unmarried surviving spouse of a
service member killed in the line of duty.
3) Qualifying veterans or surviving spouses must present documentation
from the county where they reside that indicates their residence is exempt
from paying property taxes.
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 3050.75 Cards for Kids
a) The non-resident fee shall not apply to a student whose principal residence is not
within a public library service area and who is eligible to receive free or reduced
price lunches under the National School Lunch Program, as determined by
Income Eligibility Guidelines established by the U.S. Department of Agriculture
(USDA).
b) The non-resident fee shall not apply to a student whose principal residence is not
within a public library service area and who attends a school or school district that
operates under the Community Eligible Provision of the USDA National School
Lunch Program.
c) When applying for a non-resident card, the qualifying student must present to the
public library documentation from the school or school district that indicates
his/her eligibility for free or reduced price lunches.
d) The student shall apply for a non-resident card at a participating public library as
stipulated in Section 3050.25.
e) The library card shall accord the student cardholder all the services the issuing
library provides it residents, including reciprocal borrowing. The library card
shall be issued compliant with any policy or guideline that the public library
board has implemented for issuance of cards to minors.
(Source: Added at 45 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER 18667
20
STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: The Administration and Operation of the State Employees'
Retirement System of Illinois
2) Code Citation: 80 Ill. Adm. Code 1540
3) Section Numbers: Proposed Actions:
1540.80 Amendment
1540.410 New Section
4) Statutory Authority: 40 ILCS 5/14-124; 40 ILCS 5/14-135.03
5) A Complete Description of the Subjects and Issues Involved: When PA 90-65 became
law, it unintentionally contained a benefit diminishment component. That component
would have limited the Final Average Compensation rules for alternative formula
members that first became members of SERS before January 1, 1998. That PA was
drafted to apply for those who retired on or after January 1, 1998, a new set of "final
average compensation" rules. However, the Act also eliminated the highest 4
consecutive years within the last 10 years rule for members of the alternative formula for
members who were SERS members before the effective date of this law. Arguably, this
component of the Act violated the Pension Protection Clause of the Illinois Constitution.
The proposed rule extends the "highest 4 consecutive years within the last 10 years" final
average compensation condition to those alternative formula members who first became
members before January 1, 1998, thus avoiding violation of Pension Protection Clause.
To qualify for nonoccupational disability benefits, a member must be granted a disability
leave of absence by his or her employer. There is a CMS personnel rule that provides a
disability leave of absence cannot be granted if the member has been diagnosed with a
permanent disability. The System's Executive Committee has waived this requirement in
recent cases and the System would like rule coverage to handle such cases moving
forward. The proposed rule provides that the leave of absence requirement is deemed to
be met for a member who is permanently and totally incapacitated to perform the duties
of his or her position.
6) Published studies and reports, and sources of underlying data, used to compose this
rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
ILLINOIS REGISTER 18668
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations:
1540.80 Amendment 44 Ill. Reg. 13312; August 14, 2020
1540.140 Amendment 44 Ill. Reg. 13312; August 14, 2020
1540.270 Amendment 44 Ill. Reg. 13312; August 14, 2020
1540.395 Amendment 44 Ill. Reg. 13312; August 14, 2020
1540.405 New Section 44 Ill. Reg. 13312; August 14, 2020
11) Statement of Statewide Policy Objective: This rulemaking does not create or expand the
State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)].
12) Time, Place and Manner in which interested persons may comment on this 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 Houch
State Retirement Systems
2101 South Veterans Parkway
PO Box 19255
Springfield IL 62794-9255
217/524-8105
fax: 217/557-3943
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: None
14) Small Business Impact Analysis: There is no impact on small businesses.
ILLINOIS REGISTER 18669
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
anticipated by the System when the most recent regulatory agendas were published.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 18670
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE D: RETIREMENT SYSTEMS
CHAPTER I: STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
PART 1540
THE ADMINISTRATION AND OPERATION OF THE
STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
Section
1540.5 Introduction (Repealed)
1540.10 Appointment of Retirement System Coordinator
1540.20 Member's Contribution and Service Credit
1540.30 Determination of Rate of Compensation
1540.40 Prior Service Credit
1540.50 Credit for Service for Which Contributions are Permitted
1540.60 Severance of Employment – A Condition to the Payment of a Refund or
Retirement Annuity
1540.70 Death Benefits
1540.80 Disability Claims
1540.90 Benefit Offset
1540.100 Birth Date Verification
1540.110 Marriage Verification
1540.120 Level Income Option
1540.125 Reversionary Annuity
1540.130 Pension Credit for Unused Sick Leave
1540.140 Removal of Children from Care of Surviving Spouse
1540.150 Proof of Dependency
1540.160 Investigations of Benefit Recipients
1540.170 Interest on Member Contributions
1540.180 Date of Application – Retirement Annuity, Occupational and Nonoccupational
and Temporary Disability Benefits, and Resignation Refund Payments
1540.190 Lump Sum Salary Payments
1540.195 Mandatory Distributions Pursuant to Section 401(a)(9) of the Internal Revenue
Code
1540.200 Removal from the Payroll
1540.210 Latest Date of Membership
1540.220 Period for Payment and Amount of Payment of Contributions
1540.230 Contributions by the State (Repealed)
1540.240 Actuarially Funded Basis (Repealed)
ILLINOIS REGISTER 18671
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1540.250 Payments to Establish Credit for Service for Which Contributions are Permitted
1540.255 Pick-up Option for Optional Service Contributions
1540.260 Contributions and Service Credit During Nonwork Periods
1540.270 Written Appeals and Hearings
1540.280 Availability for Public Inspection (Recodified)
1540.290 Procedure for Submission, Consideration and Disposition of Petitions Seeking the
Promulgation, Amendment or Repeal of these Rules and Regulations (Recodified)
1540.300 Organization of the State Employees' Retirement System (Recodified)
1540.310 Amendments
1540.320 Optional Forms of Benefits – Basis of Computation
1540.330 Board Elections
1540.340 Excess Benefit Arrangement
1540.350 Qualified Illinois Domestic Relations Orders (QILDRO)
1540.360 Election to be an Employee under Section 14-103.05(b)(3) of the Illinois Pension
Code
1540.370 Americans With Disabilities Act
1540.380 Correction of Mistakes in Benefit Payments
1540.385 Suspension of Benefits from Uncashed Warrants
1540.390 Freedom of Information Act
1540.395 Accelerated Pension Benefit Payment Program
1540.400 Multiple Survivors of a Tier 2 Member
1540.410 Final Average Compensation for Certain Alternative Retirement Annuity
Recipients
1540.APPENDIX A Grievance Form
1540.TABLE A Optional Forms of Benefits – Basis of Computation
AUTHORITY: Implementing and authorized by Article 14 of the Illinois Pension Code [40
ILCS 5].
SOURCE: Filed December 20, 1977, effective December 31, 1977; filed and effective February
28, 1978; emergency rule at 4 Ill. Reg. 2, page 246, effective January 1, 1980; amended at 4 Ill.
Reg. 12, pages 530, 532, 534, effective March 11, 1980; emergency rule at 4 Ill. Reg. 46, page
1300, effective November 1, 1980; amended at 5 Ill. Reg. 3454, effective March 19, 1981;
amended at 5 Ill. Reg. 7225, effective July 1, 1981; amended at 5 Ill. Reg. 12846, effective
October 30, 1981; amended at 6 Ill. Reg. 2114, effective January 29, 1982; amended at 6 Ill.
Reg. 5505, effective April 16, 1982; codified at 6 Ill. Reg. 10935; emergency amendment at 6 Ill.
Reg. 11084, effective August 31, 1982, for a maximum of 150 days; amended at 7 Ill. Reg. 677,
effective December 30, 1982; amended at 7 Ill. Reg. 8831, effective July 15, 1983; emergency
ILLINOIS REGISTER 18672
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
amendment at 8 Ill. Reg. 359, effective January 1, 1984, for a maximum of 150 days; amended at
8 Ill. Reg. 4144, effective March 26, 1984; Sections 1540.280, 1540.290 and 1540.300
recodified to 2 Ill. Adm. Code 2375 at 8 Ill. Reg. 15902; amended at 9 Ill. Reg. 12375, effective
July 30, 1985; emergency amendment at 9 Ill. Reg. 19752, effective December 5, 1985, for a
maximum of 150 days; amended at 10 Ill. Reg. 8889, effective May 14, 1986; amended at 11 Ill.
Reg. 11155, effective June 15, 1987; amended at 14 Ill. Reg. 10498, effective June 19, 1990;
amended at 15 Ill. Reg. 7379, effective April 26, 1991; amended at 16 Ill. Reg. 14407, effective
September 4, 1992; amended at 20 Ill. Reg. 8033, effective June 15, 1996; emergency
amendment at 21 Ill. Reg. 476, effective January 1, 1997, for a maximum of 150 days; amended
at 21 Ill. Reg. 4992, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 13187,
effective September 15, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 967, effective
December 22, 1997; amended at 22 Ill. Reg. 15363, effective August 10, 1998; amended at 23
Ill. Reg. 3824, effective March 9, 1999; amended at 23 Ill. Reg. 11313, effective September 1,
1999; amended at 24 Ill. Reg. 6975, effective April 20, 2000; amended at 24 Ill. Reg. 18090,
effective December 1, 2000; amended at 25 Ill. Reg. 5632, effective April 4, 2001; emergency
amendment at 26 Ill. Reg. 11133, effective June 28, 2002, for a maximum of 150 days; amended
at 26 Ill. Reg. 16575, effective October 22, 2002; emergency amendment at 28 Ill. Reg. 8775,
effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 15628, effective
November 18, 2004; amended at 29 Ill. Reg. 15554, effective October 1, 2005; amended at 30
Ill. Reg. 12303, effective July 1, 2006; amended at 31 Ill. Reg. 211, effective December 21,
2006; amended at 32 Ill. Reg. 17779, effective October 29, 2008; emergency amendment at 33
Ill. Reg. 9449, effective June 19, 2009, for a maximum of 150 days; emergency expired
November 15, 2009; amended at 34 Ill. Reg. 285, effective December 15, 2009; amended at 34
Ill. Reg. 8313, effective June 10, 2010; amended at 38 Ill. Reg. 4023, effective January 24, 2014;
emergency amendment at 39 Ill. Reg. 2792, effective February 6, 2015, for a maximum of 150
days; emergency amendment modified in response to Joint Committee on Administrative Rules
Objection at 39 Ill. Adm. Code 5626, effective April 7, 2015, for the remainder of the 150 days;
amended at 39 Ill. Reg. 9582, effective June 26, 2015; amended at 41 Ill. Reg. 4217, effective
March 22, 2017; amended at 42 Ill. Reg. 9568, effective May 29, 2018; emergency amendment
at 42 Ill. Reg. 21436, effective November 13, 2018, for a maximum of 150 days; amended at 43
Ill. Reg. 768, effective December 19, 2018; amended at 43 Ill. Reg. 3965, effective March 18,
2019; amended at 43 Ill. Reg. 9252, effective August 16, 2019; amended at 44 Ill. Reg. 534,
effective December 27, 2019; amended at 44 Ill. Reg. 7888, effective April 27, 2020; amended at
44 Ill. Reg. 11172, effective June 19, 2020; amended at 45 Ill. Reg. ______, effective
____________.
Section 1540.80 Disability Claims
a) Nonoccupational Disability and Temporary Disability
ILLINOIS REGISTER 18673
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1) Any member of the State Employees' Retirement System (SERS) claiming
benefits for nonoccupational disability or temporary disability shall file at
the Springfield Office of SERS a written application on forms prescribed
by the Board.
2) If a member makes a payment of contributions to SERS in order to
establish sufficient credit to qualify for a nonoccupational disability
benefit, payment of the benefit shall accrue as of the latter of the 31st day
of absence from work (including any periods of the absence for which sick
pay was received), the day after the member is last entitled to receive
compensation (including any sick pay), or the date of payment to SERS.
The date of payment of the required contributions shall be determined in
accordance with the provisions of Section 1540.220(a) (Period for
Payment). If a member is receiving a nonoccupational disability benefit,
and incurs a concurrent sickness or condition that is severe enough to
disable the member past the period in which the member is disabled from
the original sickness or condition, the nonoccupational benefit would
continue uninterrupted and the member would not be required to obtain a
new leave of absence or incur a new 30 day waiting period. A benefit will
continue uninterrupted in the manner described only if the member is
otherwise eligible for the benefit and a physician's report is provided and
supports the disabling sickness or condition.
3) If a member makes a payment of contributions to SERS in order to
establish sufficient credit to qualify for a temporary disability benefit,
payment of the benefit shall accrue as of the latter of the 31st day after the
member is last entitled to receive compensation or the date of payment to
SERS. The date of payment of the required contributions shall be
determined in accordance with the provisions of Section 1540.220(a)
(Period for Payment).
4) If a member who is receiving a nonoccupational or temporary disability
benefit wishes to make a payment of contributions to extend the period of
eligibility for receipt of the benefit, the request to make the payment must
be received at the Springfield Office of SERS before the period of
eligibility terminates and the date of payment of the required contributions
shall be determined in accordance with the provisions of Section
1540.220(a) (Period for Payment).
ILLINOIS REGISTER 18674
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
5) If a member requests to have service credits under the State Universities
Retirement System (SURS) or the Teachers' Retirement System of the
State of Illinois (TRS) considered for the purposes of determining
nonoccupational or temporary disability benefit eligibility under Section
14-124 or 14-123.1 of the Illinois Pension Code, or for purposes of
calculating the total period of time for which benefit will be paid, SERS
shall not include in its calculations any credits accrued under Article 15 or
16 of the Code that have been forfeited by acceptance of a refund or
applied toward a retirement annuity and that have not been restored or
otherwise reestablished in accordance with the requirements of those
Articles of the Code. Credits accrued under Article 15 or 16 of the Code
that have been forfeited by acceptance of a refund or applied toward a
retirement annuity, and that have not been restored or otherwise
reestablished in accordance with the requirements of those Articles of the
Code, shall not be considered for purposes of determining eligibility for a
nonoccupational or temporary disability benefit under Section 14-124 or
14-123.1 of the Code or in determining the total period of time for which
such a benefit is payable.
6) The System may deem the requirement of Section 14-124(4) of the Code
to be satisfied with respect to a member if the member who is applying for
a nonoccupational disability benefit is eligible to be granted a leave of
absence for disability but, before the leave could be granted, upon medical
examination, the member is found to be permanently and totally
incapacitated to perform the duties of the member's position.
b) Occupational Disability
Any member of SERS claiming benefits for occupational disability shall file at
the Springfield Office of SERS a written application on forms prescribed by the
Board.
c) Licensed Healthcare Professionals
1) Before an occupational, nonoccupational or temporary disability benefit
can be approved, one statement must be received from a licensed
healthcare professional attesting to the disability. An additional statement
from a second licensed healthcare professional may be required by the
disability examiner assigned to the case, depending on the nature of the
ILLINOIS REGISTER 18675
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
disabling condition.
2) The term "licensed healthcare professional" shall mean any individual
defined as a "licensed healthcare professional" by Section 14-103.42 of
the Code.
d) Report of Licensed Healthcare Professionals
1) All licensed healthcare professional's reports shall contain, among other
things, the date and place of the first examination, the cause and nature of
the disability, information regarding surgical work or laboratory tests, the
date of last examination, prognosis regarding the member's disability, and
an estimate of the probable length of disability.
2) All licensed healthcare professional's reports shall be signed by a licensed
practicing healthcare professional or by medical records personnel of a
licensed clinic.
e) Gainful Employment
In the case of occupational, nonoccupational or temporary disability, an individual
who is found to be gainfully employed shall have the benefit terminated. The
term "gainfully employed" shall mean either of the following:
1) Any employment by or for the State of Illinois.
2) Effective January 1, 2019, any individual who exceeds $3,660 in
remuneration in any calendar quarter (the "calendar quarter limitation")
will have his or her benefit suspended at the end of the quarter when the
calendar quarter limitation was exceeded. The individual may appeal the
suspension of benefits to the Executive Committee. If the Executive
Committee determines that the individual exceeded the calendar quarter
limitation, SERS will recover the dollar amount of the earnings that
exceeded the calendar quarter limitation. In addition, the individual must
sign an agreement not to exceed the calendar quarter limitation in the
future and to acknowledge that termination of benefits shall occur if a
second violation occurs. Any individual who exceeds the calendar quarter
limitation a second time will have his or her benefit suspended at the end
of the quarter when the calendar quarter limitation was exceeded. The
individual may appeal this suspension of benefits to the Executive
ILLINOIS REGISTER 18676
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
Committee. If the Executive Committee determines that the individual
exceeded the calendar quarter limitation a second time, the individual will
be considered gainfully employed and benefits will be terminated as of the
date of suspension. Any overpayment of benefits due to the termination
will be recovered in full.
A) For purposes of this Section, "remuneration" shall mean:
i) any compensation for personal services, including fees,
wages, salary, commissions, and similar items;
ii) any income derived from the participation in a business
activity, as opposed to a passive investment, through the
performance of physical and/or mental activities generally
performed for the production of income.
B) For purposes of this Section, remuneration shall be computed on a
gross rather than net basis (i.e., no deductions of any kind
including but not limited to deductions for losses, expenses, taxes
or withholding, will be considered in the computation).
Remuneration shall also include the fair market value of goods or
services received, which if received in money would otherwise
constitute remuneration. Remuneration representing gain from the
sale, exchange or other disposition of goods or other property shall
be equal to: the sum of the amount of money and the fair market
value of any property received on the sale, exchange, or
disposition, less the amount representing the cost to the seller in
acquiring the goods or other property that is sold, exchanged, or
disposed of. In applying this Section, SERS shall consider the date
on which the remuneration was earned rather than when it was
received. For purposes of this Section, remuneration may be
earned through either self-employment or employment by others.
C) Gainful employment shall not include remuneration from income
producing opportunities or activities created by the member prior
to the onset of the disability, except to the extent that the
remuneration level has increased through the performance of
physical and/or mental activities.
ILLINOIS REGISTER 18677
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
D) A dependent unmarried child over age 18 who is receiving a
survivor's annuity shall be considered to be engaged in substantial
gainful activity if he or she is gainfully employed as defined in this
subsection (e).
f) Investigation of Claims
1) The SERS Board of Trustees recognizes its obligation to provide a
systematic program for the continued investigation, control and
supervision of disability claims.
2) Each disability benefit recipient is required to provide a current medical
examination report each 6 months to substantiate continued disability. In
order to substantiate the member's continued eligibility for disability
benefits, the Disability Claims Examiner may require that the member
submit to independent medical examinations and may request additional
medical statements; hospital records; activity inspection reports;
Department of Employment Security Earning Statements; Social Security
benefit payment information; income tax records; or other pertinent
information, all as deemed reasonable and necessary by the Examiner.
SERS will pay for independent medical examinations, hospital records,
and activity inspection reports that it requires. SERS may waive the
medical examination report requirement for cases in which the evidence
supports that a member is permanently disabled and that the member will
never be able to return to his or her former position.
3) Failure of a disability benefit recipient to submit to an independent
medical examination, to cooperate with an activity inspection, or to
provide the information required shall result in suspension of benefit
payments.
4) Any benefit suspended as a result of a medical examination will be
suspended on the last day of the month in which the claim is reviewed by
the Executive Committee.
5) Any person who applies for or who is receiving disability benefits and
knowingly makes to SERS any false statement, falsifies or permits to be
falsified any record submitted to SERS, or omits pertinent information in
an attempt to defraud SERS, shall have the benefit suspended until the
ILLINOIS REGISTER 18678
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
correct information has been provided to SERS.
A) If the correct information that is provided does not substantiate
eligibility for the disability benefit payments, then the benefit shall
be terminated.
B) If it is determined that the person omitted pertinent information
and the correct information that is provided supports that the
individual is gainfully employed, then the process prescribed in
subsection (e) shall determine if the benefit payments shall resume.
C) If it is determined that the person knowingly made to SERS a false
statement, or falsified or permitted to be falsified any record
submitted to SERS, in an attempt to defraud SERS and the correct
information that is provided supports that the individual is
gainfully employed, then the benefit shall be terminated.
g) A disability benefit claim will be processed after the date that the final payroll
payment received by the member has been posted to SERS' accounting database.
h) When calculating the amount of a nonoccupational, occupational, or temporary
disability benefit under Section 14-123, 14-123.1, or 14-125 of the Code, the
"date of disability" or "time disability occurred" is the date the member is
removed from payroll by virtue of being placed on disability leave.
i) When calculating the final average compensation of a disability benefit claim, the
calculation shall include the actual compensation received during the month in
which the member left the regular payroll.
j) Definitions
"The duties of the member's position" means the duties of the member's position
as of the date the member's name is removed from the payroll without regard to
subsequent changes in the duties of the position, availability of the position, or the
member's right to return to the position.
"Member", for purposes of Sections 14-123, 14-123.1, and 14-124 of the Illinois
Pension Code [40 ILCS 5] (Code), means an employee in active service at the
time of incurring a disabling condition.
ILLINOIS REGISTER 18679
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STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
(Source: Amended at 45 Ill. Reg. ______, effective ____________)
Section 1540.410 Final Average Compensation for Certain Alternative Retirement
Annuity Recipients
For purposes of retirement and survivor annuities, in the case of a member who first became a
member of the System prior to January 1, 1998 and who is eligible to receive an alternative
retirement annuity under Section 14-110 of the Code on or after that date, "final average
compensation" means final average compensation as defined by Section 14-103.12(a), (c) or (d)
of the Code, whichever is greater.
(Source: Added at 45 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER 18680
20
ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Administration of the Illinois Public Community College Act
2) Code Citation: 23 Ill. Adm. Code 1501
3) Section Numbers: Adopted Actions:
1501.101 Amendment
1501.102 Amendment
1501.301 Amendment
1501.302 Amendment
1501.305 Amendment
1501.307 Amendment
1501.309 Amendment
1501.312 New Section
1501.313 New Section
1501.507 Amendment
1501.801 Amendment
1501.803 New Section
1501.804 New Section
4) Statutory Authority: Implementing and authorized by Articles II and III and Section 6-
5.3 of the Public Community College Act [110 ILCS 805/Arts. II and III and 6-5.3].
5) Effective Date of Rules: November 13, 2020
6) Does this rulemaking contain an automatic repeal date? Yes. Section 1501.513(a)(2)(B)
is repealed December 31, 2022.
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rules, 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 the Illinois Register: 44 Ill. Reg. 10855; June 26, 2020
and 44 Ill. Reg. 11303; July 10, 2020
10) Has JCAR issued a Statement of Objection to this Rulemaking? No
11) Differences between Proposal and Final Version: Non-substantive changes suggested by
the Joint Committee on Administrative Rules have been made.
ILLINOIS REGISTER 18681
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ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? No changes have been requested.
14) Will this rulemaking replace an emergency rule currently in effect? No
15) Are there any rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations:
1501.201 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.501 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.510 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.516 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.601 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.603 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.607 Amendment 44 Ill. Reg. 13177; August 14, 2020
1501.303 Amendment 44 Ill. Reg. 17524; November 6, 2020
1501.304 Amendment 44 Ill. Reg. 17524; November 6, 2020
16) Summary and Purpose of Rulemaking: PA 99-482 establishes limitations on
employment contracts, other than collective bargaining agreements, entered into with an
employee of a community college district. PA 99-694 establishes additional guidelines
for community college employment contracts with presidents and chancellors. Lastly,
PA 100-895 creates the Government Severance Pay Act which further limits severance
payments to community college employees. This rulemaking codifies board policy in the
Illinois Administrative Code. These changes require the ICCB to amend and update its
administrative rules
PA 100-884 streamlines the Illinois Public Community College Act and eliminates
statutory language that is outdated, repeals programs and statutory functions no longer
necessary, and clarifies ambiguous language.
PA 100-1049 amends the Dual Credit Quality Act. The adopted amendment requires a
community college district, upon the request of a school district within the jurisdiction of
the community college district, to enter into a partnership agreement with the school
district to offer dual credit coursework. In addition, high school teachers who do NOT
meet Higher Learning Commission (HLC) and IBHE or ICCB requirements to be
qualified faculty may teach dual credit courses under a professional development plan.
ILLINOIS REGISTER 18682
20
ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
17) Information and questions regarding these adopted rules shall be directed to:
Matt Berry
Chief of Staff
Illinois Community College Board
401 East Capitol Ave.
Springfield IL 62701-1711
217/785-7411
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 18683
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ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER VII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1501
ADMINISTRATION OF THE ILLINOIS PUBLIC COMMUNITY COLLEGE ACT
SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION
Section
1501.101 Definition of Terms and Incorporations by Reference
1501.102 Advisory Groups
1501.103 Rule Adoption (Recodified)
1501.104 Manuals
1501.105 Advisory Opinions
1501.106 Executive Director
1501.107 Information Request (Recodified)
1501.108 Organization of ICCB (Repealed)
1501.109 Appearance at ICCB Meetings (Repealed)
1501.110 Appeal Procedure
1501.111 Reporting Requirements (Repealed)
1501.112 Certification of Organization (Repealed)
1501.113 Administration of Detachments and Subsequent Annexations
1501.114 Recognition
1501.115 Data Repository
1501.116 Use, Security and Confidentiality of Data
1501.117 Shared Data Agreements
1501.118 Processing Fees
SUBPART B: LOCAL DISTRICT ADMINISTRATION
Section
1501.201 Reporting Requirements
1501.202 Certification of Organization
1501.203 Delineation of Responsibilities
1501.204 Maintenance of Documents or Information
1501.205 Recognition Standards (Repealed)
1501.206 Approval of Providers of Training for Trustee Leadership Training
ILLINOIS REGISTER 18684
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ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
SUBPART C: PROGRAMS
Section
1501.301 Definition of Terms
1501.302 Units of Instruction, Research, and Public Service
1501.303 Program Requirements
1501.304 Statewide and Regional Planning
1501.305 College, Branch, Campus, and Extension Centers
1501.306 State or Federal Institutions (Repealed)
1501.307 Cooperative Agreements and Contracts
1501.308 Reporting Requirements
1501.309 Course Classification and Applicability
1501.310 Acceptance of Private Business Vocational School Credits by Community
Colleges in Select Disciplines
1501.311 Credit for Prior Learning
1501.312 Extension of Curricula/Credit Courses
1501.313 Dual Credit
SUBPART D: STUDENTS
Section
1501.401 Definition of Terms (Repealed)
1501.402 Admission of Students
1501.403 Student Services
1501.404 Academic Records
1501.405 Student Evaluation
1501.406 Reporting Requirements
SUBPART E: FINANCE
Section
1501.501 Definition of Terms
1501.502 Financial Planning
1501.503 Audits
1501.504 Budgets
1501.505 Student Tuition
1501.506 Published Financial Statements
1501.507 Credit Hour Claims
1501.508 Special Populations Grants (Repealed)
ILLINOIS REGISTER 18685
20
ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF ADOPTED AMENDMENTS
1501.509 Workforce Preparation Grants (Repealed)
1501.510 Reporting Requirements
1501.511 Chart of Accounts
1501.514 Business Assistance Grants (Repealed)
1501.515 Advanced Technology Equipment Grant (Repealed)
1501.516 Capital Renewal Grants
1501.517 Retirees Health Insurance Grants (Repealed)
1501.518 Uncollectible Debts (Repealed)
1501.519 Special Initiatives Grants
1501.520 Lincoln's Challenge Scholarship Grants
1501.521 Technology Enhancement Grants (Repealed)
1501.522 Deferred Maintenance Grants (Repealed)
1501.523 Foundation Matching Grants (Repealed)
SUBPART F: CAPITAL PROJECTS
Section
1501.601 Definition of Terms
1501.602 Approval of Capital Projects
1501.603 State Funded Capital Projects
1501.604 Locally Funded Capital Projects
1501.605 Project Changes (Repealed)
1501.606 Progress Reports (Repealed)
1501.607 Reporting Requirements
1501.608 Approval of Projects from 110 ILCS 805/3-20.3.01
1501.609 Completion of Projects from 110 ILCS 805/3-20.3.01
1501.610 Demolition of Facilities
SUBPART G: STATE COMMUNITY COLLEGE
Section
1501.701 Definition of Terms (Repealed)
1501.702 Applicability (Repealed)
1501.703 Recognition (Repealed)
1501.704 Programs (Repealed)
1501.705 Finance (Repealed)
1501.706 Personnel (Repealed)
1501.707 Facilities (Repealed)
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SUBPART H: PERSONNEL
Section
1501.801 Definition of Terms
1501.802 Sabbatical Leave
1501.803 Employment Contracts
1501.804 President and Chancellor Performance Review
1501.APPENDIX A Fee Schedule for Data Matching
AUTHORITY: Implementing and authorized by Articles II and III and Section 6-5.3 of the
Public Community College Act [110 ILCS 805] and the Government Severance Pay Act [5 ILCS
415].
SOURCE: Adopted at 6 Ill. Reg. 14262, effective November 3, 1982; codified at 7 Ill. Reg.
2332; amended at 7 Ill. Reg. 16118, effective November 22, 1983; Sections 1501.103, 1501.107
and 1501.108 recodified to 2 Ill. Adm. Code 5175 at 8 Ill. Reg. 6032; amended at 8 Ill. Reg.
14262, effective July 25, 1984; amended at 8 Ill. Reg. 19383, effective September 28, 1984;
emergency amendment at 8 Ill. Reg. 22603, effective November 7, 1984, for a maximum of 150
days; emergency amendment at 8 Ill. Reg. 24299, effective December 5, 1984, for a maximum of
150 days; amended at 9 Ill. Reg. 3691, effective March 13, 1985; amended at 9 Ill. Reg. 9470,
effective June 11, 1985; amended at 9 Ill. Reg. 16813, effective October 21, 1985; amended at
10 Ill. Reg. 3612, effective January 31, 1986; amended at 10 Ill. Reg. 14658, effective August
22, 1986; amended at 11 Ill. Reg. 7606, effective April 8, 1987; amended at 11 Ill. Reg. 18150,
effective October 27, 1987; amended at 12 Ill. Reg. 6660, effective March 25, 1988; amended at
12 Ill. Reg. 15973, effective September 23, 1988; amended at 12 Ill. Reg. 16699, effective
September 23, 1988; amended at 12 Ill. Reg. 19691, effective November 15, 1988; amended at
13 Ill. Reg. 1182, effective January 13, 1989; amended at 13 Ill. Reg. 14904, effective September
12, 1989; emergency amendment at 14 Ill. Reg. 299, effective November 9, 1989, for a
maximum of 150 days; emergency amendment expired on April 9, 1990; amended at 14 Ill. Reg.
4126, effective March 1, 1990; amended at 14 Ill. Reg. 10762, effective June 25, 1990; amended
at 14 Ill. Reg. 11771, effective July 9, 1990; amended at 14 Ill. Reg. 13997, effective August 20,
1990; expedited correction at 18 Ill. Reg. 3027, effective August 20, 1990; amended at 15 Ill.
Reg. 10929, effective July 11, 1991; amended at 16 Ill. Reg. 12445, effective July 24, 1992;
amended at 16 Ill. Reg. 17621, effective November 6, 1992; amended at 17 Ill. Reg. 1853,
effective February 2, 1993; amended at 18 Ill. Reg. 4635, effective March 9, 1994; amended at
18 Ill. Reg. 8906, effective June 1, 1994; amended at 19 Ill. Reg. 2299, effective February 14,
1995; amended at 19 Ill. Reg. 2816, effective February 21, 1995; amended at 19 Ill. Reg. 7515,
effective May 26, 1995; amended at 21 Ill. Reg. 5891, effective April 22, 1997; amended at 22
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Ill. Reg. 2087, effective January 12, 1998; amended at 22 Ill. Reg. 17472, effective July 10,
1998; amended at 24 Ill. Reg. 249, effective December 21, 1999; amended at 24 Ill. Reg. 17522,
effective November 20, 2000; amended at 25 Ill. Reg. 7161, effective May 18, 2001; emergency
amendment at 25 Ill. Reg. 12863, effective September 28, 2001, for a maximum of 150 days;
emergency expired February 24, 2002; amended at 26 Ill. Reg. 646, effective January 7, 2002;
amended at 27 Ill. Reg. 17204, effective October 31, 2003; amended at 28 Ill. Reg. 14092,
effective October 18, 2004; amended at 29 Ill. Reg. 6239, effective April 25, 2005; amended at
30 Ill. Reg. 2755, effective February 21, 2006; amended at 32 Ill. Reg. 16396, effective
September 23, 2008; amended at 40 Ill. Reg. 14054, effective September 29, 2016; amended at
41 Ill. Reg. 11274, effective August 28, 2017; amended at 41 Ill. Reg. 15723, effective
December 18, 2017; amended at 42 Ill. Reg. 2819, effective January 24, 2018; amended at 42 Ill.
Reg. 18869, effective October 3, 2018; amended at 42 Ill. Reg. 24855, effective December 17,
2018; amended at 43 Ill. Reg. 7454, effective June 20, 2019; amended at 44 Ill. Reg. 18680,
effective November 13, 2020.
SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION
Section 1501.101 Definition of Terms and Incorporations by Reference
a) Definitions
"Act" means the Public Community College Act [110 ILCS 805].
"Board" means the Board of Trustees of an Illinois public community college
district.
"Classification of Instructional Programs" or "(CIP)" means a taxonomic scheme
that supports the accurate tracking and reporting of fields of study and program
completion activity.
"College" means an Illinois public community college.
"Executive Director" means the executive officer and the executive secretary of
the ICCB.
"ICCB" or "State Board" means the Illinois Community College Board.
"ICCB Grants" means funds appropriated by the State of Illinois to ICCB for
community colleges.
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"Student Member" means the member of ICCB who has been selected by ICCB's
Student Advisory Committee. The student member has all the privileges of
membership defined in Section 2-3 of the Act.
"Recognition Continued" means a status granted to a district that generally meets
ICCB standards.
"Recognition Continued-with Conditions" means a status granted to a district that
generally does not meet ICCB standards. A district is judged not to meet ICCB
standards when one or more of the following conditions exist:
the district continues to be out of compliance with standards cited during
the previous visit;
applicable standards are disregarded; and/or
the district is found to be out of compliance with significant applicable
standards.
"Recognition Interrupted" is a status granted to a district that fails to meet ICCB
standards within a specified period of time after being assigned a status of
recognition continued-with conditions.
"Shared Data Agreement" means a written contract between parties that defines
the care and handling of sensitive or restricted use data, including, but not limited
to, the terms of the agreement, ownership of the data, security measures and
access to the data, uses of the data, data confidentiality procedures, duration of the
agreement, and disposition of the data at the completion of the contract.
"Student Advisory Committee" or "SAC" means the ICCB student advisory
committee created by Section 2-1 of the Act.
"Student-Level Data" means demographic, performance, and other data that
pertains to a single student.
b) Incorporation by Reference
"Program Classification Structure", 2nd Edition (Technical Report 106) (1978).
Collier, Douglas J. This document may be obtained from the National Center for
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Higher Education Management Systems (NCHEMS), 3035 Center Green Drive,
Suite 150, Boulder CO 80301-2251 or from [email protected]. This incorporation
by reference does not include any later editions or amendments.
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.102 Advisory Groups
a) Advisory Organizations. Independent organizations may be considered by the
ICCB to be advisory upon petition to the State Board. Independent organizations
so recognized by the ICCB as "advisory" will have the opportunity to bring
matters before the ICCB during a regular ICCB meeting and will have an
opportunity to provide advice to the ICCB on proposed rule and policy adoptions
and matters of interest to community colleges. An advisory organization may
have its recognition status withdrawn by action of the ICCB or by request of the
organization. Advisory organization recognition may be granted by the ICCB at
the request of an organization thatwhich meets the following criteria:
1) The organization exists independently of the ICCB and any individual
college;
2) A primary purpose of the organization is to deal with matters of
systemwide importance; and
3) Representatives of Illinois community college districts are included as
voting members of the organization.
b) Advisory Committees. Advisory committees to the ICCB may be authorized and
appointed by the ICCB. Membership and terms of appointment shall be
established at the time of authorization.
c) Student Advisory Committee
1) Purpose. The purposes of this committee are to:
A) Review proposed ICCB policies;
B) Inform the ICCB of systemwide issues that impact the education of
community college students; and
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C) Select the ICCB Student Member.
2) Membership. Each member of the Student Advisory Committee shall be
the nonvoting student member of the local district board of trustees. In the
case of multi-college districts, the student trustee of the district shall
automatically be designated as the voting member for the individual
college where he or she attends. If the student member of the local district
board of trustees cannot serve and, for colleges that are part of a multi-
college district not represented by the district's student member, the
district's president or chief executive officer may designate a student as a
voting member. No community college shall have more than one voting
member per college. The ICCB Student Member will serve ex officio.
3) Officers. The Student Advisory Committee shall annually select the
following officers from its membership to serve a one-year term: a Chair
to conduct the meeting of the Committee; a Vice Chair to assist the Chair,
to conduct the meeting if the Chair is absent, and to represent the SAC on
the IBHE Student Advisory Committee; and a Recording Officer to record
the minutes of all SAC meetings.
4) The Executive Director of ICCB shall call SAC meetings as necessary and
notify each local district board of trustees at least 30 days in advance.
5) ICCB Meetings. The SAC report shall be given at regular ICCB meetings
d) Selection of ICCB Student Member. The SAC will seek nominations for the
ICCB Student Member from all Illinois public community colleges. A college
district can nominate one candidate for this position. The nomination shall include
information such as personal information (name and address), number of credit
hours (current and expected), college and community activities, resume, letters of
reference, and rationale for desiring the position. The ICCB Student Member shall
be elected before June 1 by a majority vote of SAC members present from all
nominations who meet ICCB student membership requirements as delineated in
subsection (e).
e) Membership Requirements of ICCB Student Member. The ICCB Student
Member shall be enrolled in an Illinois public community college for a minimum
course load of six semester or quarter credit hours during both the fall and spring
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semesters or equivalent(fall/winter/spring quarters) for each term of his/her
appointment. If the course load of the ICCB Student Member falls below the
minimum credit hours, that member shall be replaced by a majority vote of the
SAC members present at the next SAC meeting.
f) Length of Term of ICCB Student Member. The ICCB Student Member shall
serve for a term of one year beginning on July 1 and expiring on June 30. No
ICCB Student Member shall serve for more than two terms. Service during a
partial term shall not be considered as one term.
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
SUBPART C: PROGRAMS
Section 1501.301 Definition of Terms
"Adult Basic Education" means basic skills courses designed to bring students to
a competency of Grade 8 equivalency, including English as a Second Language.
"Adult Secondary Education" means courses designed to bring students to a
competency of Grade 12 equivalency, including English as a Second Language,
and the high school equivalency examination preparation.
"Associate Degree" means an award for satisfactory completion of a curriculum
of 60 semester credit hours or more.
"Associate in Applied Science Degree" means an award for the
satisfactory completion of a prescribed curriculum intended to prepare
individuals for employment in a specific field.
"Associate in Arts Degree" means an award for the satisfactory
completion of a prescribed curriculum intended to transfer to
baccalaureate degree programs in one of the arts, humanities, or social or
behavioral sciences or one of the professional fields with these disciplines
as a base.
"Associate in Engineering Science Degree" means an award for the
satisfactory completion of a prescribed curriculum intended to transfer to
baccalaureate degree programs in engineering.
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"Associate in Fine Arts Degree" means an award for the satisfactory
completion of a prescribed curriculum intended to transfer to
baccalaureate degree programs in one of the fine arts: art, music, or
theater.
"Associate in General Studies Degree" means an award for the satisfactory
completion of a curriculum that has been individually designed by mutual
agreement between the student and his/her college-appointed advisor to
meet the student's educational intent.
"Associate in Science Degree" means an award for the satisfactory
completion of a prescribed curriculum intended to transfer to
baccalaureate degree programs in one of the mathematical, biological, or
physical sciences or one of the professional fields with these disciplines as
a base.
"Baccalaureate/Transfer Education" means coursework intended to prepare
individuals for transfer into a baccalaureate curriculum in a related field of study.
"Branch" means an administrative unit of a college that has a continuing
educational mission and serves as a secondary instructional site for the college.
"Bridge Instruction" means coursework in adult education, remedial education,
career and technical education, vocational skills education, or a combination of
these types of education, to prepare individuals for entering credit courses and
curricula.
"Campus" means an organized administrative unit of a college that has a
continuing educational mission and serves as a primary instructional site for the
college.
"Career and Technical Education" means organized educational programs of
study that prepare students for employment in a specific field and should be
aligned with related secondary and/or upper-division programs that require a
common knowledge and skill set.
"Certificate" means an award for satisfactory completion of a series of courses or
curriculum of less than 59 semester credit hours.
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"General Certificate" means a noncredit award for satisfactory completion
of a series of courses of 30 semester credit hours or less in adult basic
education, adult secondary education, remedial education, vocational
skills, or general studies.
"Occupational or Career and Technical Certificate" means a credit award
for satisfactory completion of a prescribed curriculum intended to prepare
an individual for employment in a specific field.
"College" means a district's administrative unit that is authorized by the Illinois
Board of Higher Education to grant postsecondary-level degrees and certificates,
is recognized by the ICCB, and provides a comprehensive program of instruction
in accordance with Section 1-2(e) of the Act.
"Contact Hour" means instructional time based on a 50-60 minute clock hour of
instructional activity that may include classroom, online, laboratory, clinical or
work-based instruction or any combination of those instructional methods.
"Cooperative Agreement" means a contract or agreement between a college and
one or more other colleges, organizations, associations, educational institutions,
or government agencies to obtain, deliver, or share educational services for
academic credit. A cooperative agreement does not include collective bargaining
agreements with any labor organization.
"Course" means a sequential presentation, through one or more instructional
modes, of subject matter in a particular field to meet specific objectives within a
designated time period, such as a semester or a quarter.
"Credit for Prior Learning" means evaluation and assessment of a student's life
learning through employment, training and experiences outside an academic
environment from which skills that comprise terminal objectives are mastered to
an acceptable degree of proficiency for college credit, certification or advanced
standing toward further education or training.
"Curriculum" means an approved unit of instruction consisting of a series of
courses designed to lead to an associate degree or a certificate.
"District Curriculum" means a curriculum approved for offering within a
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district, on the basis of student interest, employment demand, and
available resources within the district.
"General Studies Curriculum" means a curriculum designed to meet
individual student goals, in the promotion of personal improvement and
self-understanding.
"Regional Curriculum" means a curriculum approved for offering within a
particular region of the State, on the basis of student interest and
employment demand within the region. An institution holding authority to
offer a regional curriculum shall not exclude additional districts, including
those within the defined region or regional consortia of colleges, from
requesting approval to offer the same curriculum in its district.
"Statewide Curriculum" means a curriculum approved for offering on the
basis of student interest and employment demand statewide. An institution
holding authority to offer a statewide curriculum shall not exclude
additional districts from requesting approval to offer the same curriculum
statewide, regionally or in its district.
"Dual Credit Course" means a college course taken by a high school student for
credit at both the college and high school level [110 ILCS 27/5].
"Educational Agency" means an agency, corporation, or other defined legal entity
that offers instruction.
"Electronic Exchange System" means an online tool for organizing ICCB
proposals and tracking their status.
"Extension Center" means an instructional site for the college that is used for
offering some of the college's courses and/or programs for a limited duration.
"GECC" means the General Education Core Curriculum of the Illinois
Articulation Initiative.
"General Education Core Curriculum Credential" or "GECC Credential" means a
credential provided by the college for completion of the 37 to 41 credit hours to
satisfy the GECC.
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"Higher Learning Commission" or "HLC" means an independent corporation that
serves as one of six regional institutional accreditors in the U.S. and accredits
degree-granting post-secondary educational institutions in the North Central
Region, which includes Illinois.
"Instructional Activity" means classroom, online, laboratory, clinical or work-
based instruction or any combination of those instructional methods.
"Internship/Practicum" means a course of planned and supervised training that
allows the application of theory to actual practice and prepares a student for
working independently in a specific career. The internship/practicum generally
occurs after the student has completed 12 credit hours. It takes place at a regular
worksite and instruction/supervision is shared by a college instructor/supervisor
and a qualified employee at the worksite. Clinical practicums take place in a
hospital or other medical/health facility and require close
supervision/instruction/monitoring by a qualified college instructor.
"Laboratory" means a course of planned and supervised training in which students
learn new methods or principles through experimentation, observation, and/or
practice. A lab class can occur at the beginning, middle, or end of a particular
course of study and may be a specially equipped room designed for
experimentation, observation, and/or practice on the college campus or at the
worksite.
"Lecture" means a course presented in an oral or related format that allows for
content to be discussed among class participants.
"PBVS Program of Study" means any of the programs listed in Section 10 of the
Career and Workforce Transition Act [110 ILCS 151].
"Principal Site" means the official mailing address of the college.
"Private Business Vocational School" or "PBVS" means a non-degree granting
institution that is regulated and approved by the Board of Higher Education under
the Private Business and Vocational Schools Act of 2012 [105 ILCS 426] and that
is nationally accredited by an accreditor approved by the U.S. Department of
Education.
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"Public Service" means noncredit classes and other activities of an educational
nature, such as workshops, seminars, forums, exhibits, and the provision of
college facilities and expertise to the community, designed to be of service to the
public.
"Remedial Education" means courses in computation, communication (that is,
writing and speaking), and reading, designed to improve the competency of high
school graduates, or those persons achieving high school equivalency through
standardized testing, to the level necessary for placement into communication and
mathematics courses required of first-year college students. Remedial courses
reiterate basic skills that students were expected to have mastered before entry
into postsecondary education.
"Research" means investigations or experiments to discover or interpret facts, to
revise accepted theories, or to apply those revised theories.
"Secondary School" means a private or parochial secondary school, public
secondary school district, or public unit school district.
"Unit of Instruction" means any one of the following:
An organized program of study consisting of a sequence of courses that
results in the award to a student of a certificate or an associate degree.
Any existing organized program of study offered at a new geographical
location outside of the college district.
Any organized administrative entity that would have a continuing
instructional mission, including but not limited to a college, campus or
branch.
"Unit of Research or Public Service" means a college's subdivision (e.g., a
division, institute or center) that administers one or more research or public
service programs.
"Vocational Skills Education" means courses designed to provide short-term job
entry training, to upgrade the skills of persons already employed, or to review
skills for career re-entry.
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(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.302 Units of Instruction, Research, and Public Service
a) Approval of New Units of Instruction. An application for approval of a proposed
new unit of instruction shall be submitted to the ICCB on forms provided by
ICCB. The criteria for approval of new units of instruction, which also apply to
existing programs offered by community colleges, are:
1) Mission and Objectives
A) The objectives of the unit of instruction are consistent with the
mission of the college as set forth in Section 1-2(e) of the Act.
B) The objectives of the unit of instruction are consistent with what
the title of the unit of instruction implies.
2) Academic Control
A) The design, conduct and evaluation of the unit of instruction are
under the direct and continuous control of the college's established
processes for academic planning and quality maintenance, and
clear provision is made for ensuring a high level of academic
performance of faculty and students.
B) The admission, course placement, and graduation requirements for
the unit of instruction are consistent with the stated objectives of
the unit of instruction and with Section 3-17 of the Act, when
applicable.
3) Curriculum. The content of the curriculum ensures that the objectives of
the unit of instruction will be achieved.
A) The range of total number of credit hours required for completion
of an associate degree curriculum shall be within the following
parameters:
i) For the Associate in Arts degree and the Associate in
Science degree, a total requirement of not less than 60
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semester credit hours nor more than 64 semester credit
hours or the quarter credit hour equivalent;
ii) For the Associate in Fine Arts and the Associate in
Engineering Science degree, a total requirement of not less
than 60 semester credit hours nor more than 68 semester
credit hours or the quarter credit hour equivalent;
iii) For the Associate in Applied Science degree, a total
requirement of not less than 60 semester credit hours nor
more than 72 semester credit hours or the quarter credit
hour equivalent, except in such occupational fields in
which accreditation or licensure by a state or national
organization requires additional coursework; and
iv) For the Associate in General Studies degree, a total
requirement of not less than 60 semester credit hours nor
more than 64 semester credit hours or the quarter credit
hour equivalent.
B) An associate degree curriculum shall include a specific general
education component consisting of coursework in communication,
arts and humanities, social and behavioral sciences, and
mathematics and science within the following parameters:
i) For the Associate in Arts degree and the Associate in
Science degree, the general education component required
will represent at least 37 semester credit hours or the
quarter hour equivalent for completion;
ii) For the Associate in Fine Arts degree, the general education
component required will represent at least 25 semester
credit hours or the quarter hour equivalent for completion;
iii) For the Associate in Engineering Science degree, the
general education component required will represent at
least 19 semester credit hours or the quarter hour equivalent
for completion;
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iv) For the Associate in Applied Science degree, the general
education component required will represent at least 15
semester credit hour or the quarter hour equivalent for
completion; and
v) For the Associate in General Studies degree, the general
education component required will represent no less than
20 semester credit hours or the quarter hour equivalent for
completion.
4) Faculty and Staff
A) The academic preparation and experience of faculty and staff
ensure that students receive education consistent with the
objectives of the unit of instruction.
B) The involvement of faculty in the unit of instruction is sufficient to
cover the various fields of knowledge encompassed by the
curriculum, to sustain scholarship appropriate to the unit of
instruction, and to ensure curriculum continuity.
C) Support personnel, including counselors, administrators, clinical
supervisors, and technical staff, have the educational background
and experience necessary to carry out their assigned
responsibilities.
5) Support Services
A) Facilities, equipment, and instructional resources (e.g., laboratory
supplies and equipment, instructional materials, computation
equipment) necessary to provide quality instruction will be
available and maintained.
B) Library holdings and acquisitions necessary to support quality
instruction and scholarship are available, accessible and
maintained.
C) Provision is made for the guidance and counseling of students, the
evaluation of student performance, the continuous monitoring of
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progress of students toward their degree or certificate objectives,
the placement of completers of the unit of instruction, and
appropriate academic record keeping.
6) Financing
A) The financial commitments to support the unit of instruction are
sufficient to ensure that the stated objectives can be attained and
that the faculty, staff and support services necessary to offer the
unit of instruction can be acquired and maintained.
B) Projections of revenues necessary to support the unit of instruction
are based upon supportable estimates of general revenue, student
tuition and fees, private gifts, and/or governmental grants and
contracts.
7) Public Information
The information that the college provides to students and the public
accurately describes: the unit of instruction offered; the objectives of the
unit of instruction; length of the unit of instruction; residency
requirements, if any; schedule of tuition, fees and all other charges and
expenses necessary for completion of the unit of instruction; cancellation
and refund policies; and such other material facts concerning the college
and the unit of instruction as are likely to affect the decision of the student
to enroll.
8) Accreditation and Credentialing
A) Appropriate steps have been taken to ensure that accreditation of
the proposed new unit of instruction will be granted in a reasonable
time.
B) The proposed new unit will provide the skills required to obtain
individual credentialing (certification, licensure, registration)
needed for entry into an occupation as specified in the objectives
of the proposed new unit of instruction.
9) Program Needs and Priorities
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A) The unit of instruction must be educationally and economically
justified based on the educational priorities and needs of the
citizens of Illinois and the college's district.
B) The unit of instruction meets a need that is not currently met by
units of instruction that are offered by other institutions in the
district.
b) Approval of New Administrative Units of Research or Public Service. An
application for approval of a proposed new administrative unit of research or
public service shall be submitted to the ICCB on forms provided by ICCB. The
criteria for approval of new administrative units of public service or research are:
1) The proposed new administrative unit shall be authorized by the board of
trustees;
2) The objectives of the proposed new administrative unit are consistent with
the mission of the college (see 110 ILCS/1-2(e));
3) The proposed new administrative unit shall meet a district's need to deliver
a public service or research program which cannot be met through the
district's current structure as indicated by an organizational chart;
4) The proposed new administrative unit shall administer at least one public
service or research program;
5) The needs assessment demonstrates that the demand for the public service
or research program to be administered by the proposed new unit shall be
continuous for at least three years; and
6) The district shall provide evidence that the resources for the facilities,
equipment and materials, and staff necessary to provide a quality program
or service shall be made available to the proposed new administrative unit.
c) Withdrawal. An approved unit of instruction, public service, or research may be
withdrawn by the college when it decides to suspend operation of the unit. The
withdrawal request shall be submitted to ICCB through an electronic exchange
system. Withdrawal of a curriculum will require reassignment of related courses.
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d) Reasonable and Moderate Extensions
1) An approved unit of instruction, public service, or research may be
modified or extended by the college within the parameters listed in
subsections (d)(2) through (4). The college shall notify ICCB of the
extensions on forms provided by ICCB.
2) Reasonable and moderate extensions of previously approved units of
instruction include:
A) The addition, modification or withdrawal of courses within an
approved unit of instruction that does not alter the objectives of the
unit of instruction.
B) A change in minimum credit hours for completion of an approved
unit of instruction that does not affect the instructional level of the
unit of instruction.
C) A change in title of an approved unit of instruction that does not
indicate a different objective of the unit than that previously
approved.
D) The creation of an option (major, concentration or specialization)
within an approved unit of instruction in which:
i) the option created is within the same general academic
discipline or occupational field as the previously approved
unit of instruction;
ii) the option created within a previously approved associate
degree curriculum shares a common core of first-year
courses with the previously approved unit of instruction;
and
iii) the option created does not substitute more than 15
semester credit hours of other courses for courses
previously approved as part of an associate degree
curriculum or cluster of closely related curricula, e.g., from
the same four-digit CIP code or substitute more than 9
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semester credit hours of other courses for courses
previously approved as part of a certificate curriculum (or
closely related cluster) of 30 semester credit hours or more.
E) The creation of certificate curricula from previously approved
associate degree curricula and certificate curricula, including
closely related curricula; e.g., from the same four-digit CIP code,
providing no more than 6 semester credit hours are substituted for
certificates of up to 30 semester credit hours or no more than 9
semester credit hours are substituted in certificates of 30 semester
credit hours or more.
F) The creation of certificate curricula of less than seven semester
credit hours from previously approved associate degree curricula
and certificate curriculum from the same two-digit CIP code.
G) Modifications. An approved unit of instruction, public service or
research may be modified by the colleges within the parameters
listed in subsection (d)(2)(D). The college shall notify ICCB of the
modifications through an electronic exchange system.
Modifications to existing units of instruction include:
i) The addition, modification or withdrawal of courses within
an approved unit of instruction that does not alter the
objectives of the unit of instruction;
ii) A change in minimum credit hours for completion of an
approved unit of instruction that does not affect the
instructional level of the unit of instruction;
iii) A change in title of an approved unit of instruction that
does not indicate a different objective of the unit than that
previously approved; or
iv) A change in program/course classification code that does
not alter the objectives of the unit of instruction.
3) Reasonable and moderate extensions of previously approved units of
research or public service include units with an annual operating
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expenditure from whatever source of less than $250,000 or an annual
operating expenditure from state appropriations of less than $50,000.
4) Reasonable and moderate extensions of previously approved units of
administration include any administrative reorganization of a college.
e) Approval in a Multi-College District. Approval of new units of instruction,
research, or public service in a multi-college district will be for a specific college.
Transfer of a unit to, or duplication of a unit by, other colleges within the district
constitutes a new unit requiring approval by the ICCB. However, up to 9 hours of
a program approved at one college may be offered by any other college in the
district at the option of the Board.
f) Inactivation. When a college no longer offers an approved unit of instruction to
additional new students, that unit of instruction shall be reported to the ICCB and
shall be removed from the college catalog and other documents advertising the
program offerings to the public. An inactive unit of instruction shall be
maintained on the ICCB Curriculum Inventory File with the date that it became
inactive for a period of at least 10 years. The effective date that a unit of
instruction becomes inactive shall be determined by the college.
g) Reactivation. A unit of instruction that has been inactivated by a college may be
reactivated by submitting the materials outlined in subsection (a) for review and
approval by ICCB.
1) A unit of instruction that has been inactive for less than three years may be
reactivated by the college once it has completed the following:
A) Obtained approval to reactivate the program from its chief
executive administrator;
B) Obtained approval to reactivate the program from agencies that
license, certify, or accredit the program, if appropriate; and
C) Submitted a request for reactivation and an updated copy of the
curriculum to ICCB.
2) A unit of instruction that has been inactive for three to 10 years may be
reactivated by the ICCB Executive Director if the college has completed
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the following:
A) Obtained approval to reactivate the program from its chief
executive administrator;
B) Obtained approval to reactivate the program from agencies that
license, certify or accredit the program, if appropriate;
C) Demonstrated through local surveys or State labor market data that
the labor market demand and supply shows a need for graduates of
the program;
D) Conducted a review of the program with representatives from
business and industry including on-site visits and advice regarding
current technologies and equipment;
E) Demonstrated, in accordance with subsections (a)(5) and (a)(6),
that the college has adequate facilities, equipment and financial
resources to offer a quality program;
F) Demonstrated, in accordance with Section 1501.303(f), that the
college has available qualified faculty to provide the instruction for
the program; and
G) Submitted a request for the reactivation and an updated copy of the
curriculum to ICCB.
3) A unit of instruction that has been inactive for over 10 years may be
reactivated by following the new unit approval process described in
subsection (a).
h) Discontinuation of Programs. The ICCB may discontinue programs thatfail to
reflect the educational needs of the area being served as follows:
1) Programs that do not meet standards of need, quality and cost
effectiveness may be discontinued by the ICCB. This determination shall
be made based on review and collective findings of information available
to the ICCB through ICCB and Illinois Board of Higher Education
program review, evaluation and productivity processes; the ICCB
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Management Information System; and other sources of pertinent
information on the following criteria:
A) Program need, including educational priorities of the district,
accessibility, credit hours generated, enrollments, completions, and
labor market supply and demand.
B) Program quality, including job placement or education
continuation, program content, academic control, faculty
qualifications, and accreditation and credentialing.
C) Program costs, including adequacy of financial support and unit
costs.
2) ICCB will use special State-level analyses to identify programs that appear
to be of questionable need, cost or quality based on State data. Programs
identified through State-level analysis will be referred to the colleges to
enable them to evaluate the programs in detail in their normal process and
to obtain the results and comments from the local level.
3) ICCB will notify college districts of programs being considered for
discontinuation and shall grant the district 60 days to respond to concerns
regarding the program in question before action by the Board. This
information shall be taken into account in determining if a program should
be discontinued by the ICCB.
4) Once a program is discontinued by the ICCB and the appeal process is
concluded, the college must inactivate the program by not enrolling any
additional new students and develop a plan for an orderly discontinuation
of the program for students currently enrolled. Programs discontinued by
the ICCB may be reestablished by obtaining approval as a new unit of
instruction under subsection (a).
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.305 College, Branch, Campus, and Extension Centers
a) Approval of a New College. An application for approval for a proposed new
college shall be submitted to ICCB on forms provided by ICCB. The criteria for
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approval of a new college are:
1) The proposed college shall be authorized by the Board of Trustees.
2) The proposed college shall meet educational needs that cannot be met
within that area of the district as demonstrated by a needs assessment. The
needs assessment shall include identification of all other educational
institutions providing postsecondary education within a 30-mile radius of
the proposed college, identification of student demand for postsecondary
education by program area within the service area of the proposed college,
a statement on how the establishment of the proposed college will impact
the enrollments on these postsecondary educational institutions within a
30-mile radius of the proposed college, a statement on how the
establishment of the proposed college will impact the current enrollments
of the district's present colleges, and of student enrollments for the
proposed college.
3) The proposed college shall provide a comprehensive program of
instruction as specified in Section 1-2(e)101-2(e) of the Act.
4) The district shall certify that the resources for the facilities, equipment,
instructional materials, library holdings, and faculty and staff necessary to
provide quality instruction pursuant to Section 1501.302 shall be made
available to the proposed college.
5) The needs assessment substantiates that the student enrollment for the
proposed college shall be at least 1,000 full-time equivalent students
(30,000 semester credit hours) per year by the second full year of
operation.
6) The district shall have at least $150 million of assessed valuation for each
of its colleges, including the proposed college.
7) The proposed college shall serve a population of at least 60,000 or a
geographic area of at least three entire counties.
8) The plans to obtain regional accreditation for the proposed college have
been developed.
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b) Approval of a Branch or Campus. An application for approval of a proposed
branch or campus shall be submitted to ICCB on forms provided by ICCB. The
criteria for approval of a branch or campus are:
1) The proposed branch or campus shall be authorized by the Board of
Trustees.
2) The proposed branch or campus shall meet educational needs that cannot
be met in that area of the district as demonstrated by a needs assessment.
3) The college shall certify that resources for facilities, equipment,
instructional materials, library holdings, and faculty and staff necessary to
provide quality instruction pursuant to Section 1501.302 shall be made
available to the proposed branch or campus.
4) The proposed branch or campus shall provide student and academic
support services on site that are adequate pursuant to Section 1501.302 to
support the curricula offered and the students in attendance at the branch
or campus.
c) To qualify for a grant of up to $100,000 for the establishment of a college,
campus or branch once approval has been granted by the ICCB, all of the
following conditions must be met:
1) The college, campus or branch shall meet the conditions specified in
Section 3-12.2 of the Act.
2) The college district shall request the ICCB to include the grant in its
budget request submitted to IBHE and shall include a justification of the
need and proposed use of the grant.
3) Funds for the college, campus or branch shall have been appropriated.
cd) Extension Centers. An extension center located within the community college
district is a reasonable and moderate extension of a college and may be
established at the discretion of the district's Board of Trustees. An extension
center located outside the community college district requires ICCB approval
under Section 1501.307.
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(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.307 Cooperative Agreements and Contracts
Cooperative agreements and contracts with other Illinois educational agencies and those out of
state may be established for the purpose of providing more accessible instructional services to
students and increasing efficiency in the use of educational resources. An application for
approval shall be submitted to ICCB on forms provided by ICCB., subject to the following
conditions:
a) A new unit of instruction to be offered by a community college solely through a
cooperative agreement or contract with another educational agency is subject to
approval by the ICCB as indicated in Section 1501.302.
b) Agreements with Secondary Schools. If a community college enters into a
cooperative agreement or contract with a secondary school to provide advanced or
specialized secondary-level courses in either the academic or vocational field, the
college shall charge the secondary school the per capita cost of offering such
instruction, in which case the college shall not claim ICCB credit hour grants for
these secondary school students, or the college shall charge the secondary school
for secondary school student participation in accordance with a joint agreement
between the college and the secondary school district under Section 10-22.20a of
the School Code [105 ILCS 5/10-22.20a]. When charges are made pursuant to a
joint agreement, credit hour grants may be claimed in accordance with Section
1501.507.
ac) In-District Cooperative Agreements for Instruction. A community college district
may enter into in-district contractual arrangements to deliver or obtainprovide
educational programs or services within its district for previously approved units
of instruction upon approval by the ICCB. Copies of these contractual
arrangements shall be kept on file at the district central administrative office.
Criteria for the approval of in-district agreements for instruction shall be:
1) accessibility of instruction to students;
2) labor market need;
3) cost-effectiveness in providing instructional programs;
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4) comprehensiveness of available programs for student;
5) impact on regional and statewide programs;
6) impact on programs at neighboring community college districts,
applicable only if the college is delivering service outside its district; and
7) the partnering entity's past experience in offering similar units of
instruction, applicable only if partnering to obtain services.
bd) Interdistrict Cooperative Agreements for Instruction. A community college
district may enter into interdistrict contractual arrangements with another
community college district to enable its students to attend the other district's
programsprogram(s)/coursescourse(s) upon approval by the ICCB.
1) Criteria for the approval of interdistrict agreements for instruction shall be:
A) accessibility of instruction to students
B) labor market need
C) comprehensiveness of available programs for students
D) cost-effectiveness in providing instructional programs
E) impact on regional and statewide programs
F) impact on programs at neighboring community college districts
12) The curricula included in the cooperative agreement for instruction shall
be listed in the catalog of the college that does not have the program but is
making it available to its students through a contractual arrangement with
another college. A copy of the listing shall be kept on file at the district
central administrative office.
23) Interdistrict Cooperative Agreements may be entered into for courses
and/or curricula offered through Illinois Community Colleges Online. The cooperative agreement shallmay specify that the programs/courses will be approved as programs/courses of the receiving district and will be included in the receiving district's Illinois Community College Board
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curricula and course master files as such. This agreement would allow the receiving institution to offer the program only through online delivery through the sending college. The sending institution will be the institution of academic control of the course/curriculum.ICCB approval for such agreements will be based on the following:
1) a request for approval must be filed in a format specified by the
ICCB; 2) the request must be accompanied by a draft cooperative agreement
and a signed statement of agreement that the program/course will be offered only through online delivery and that both the sending and receiving institutions agree that the sending institution will be the institution of academic control of the course/curriculum;
3) the receiving institution must notify ICCB if and when the
cooperative agreement is no longer operational so that the program/course can be removed from the approved ICCB program/course file.
ce) Copies of these contractual arrangements shall be kept on file at the district
central administrative office.Out-of-District Cooperative Agreements for
Instruction. A community college district may enter into contractual
arrangements with other public or nonpublic institutions of higher education for
the delivery of units of instruction upon approval by ICCB. Criteria for approval
of out-of-district agreements for instruction shall be:
1) accessibility of instruction to students
2) labor market need
3) comprehensiveness of available programs for students
4) cost-effectiveness in providing instructional programs
5) impact on regional and statewide programs
6) impact on programs at neighboring community college districts
f) Changes, revisions, or additions to cooperative agreements previously approved
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by the ICCB are reasonable and moderate extensions and must be reported to the
ICCB prior to implementation.
g) Extension of Curricula/Credit Courses into Another Community College District.
1) A community college may extend previously approved credit courses into
another community college district with approval of the other community
college district.
2) A community college may extend previously approved curricula into
another community college district upon approval of the ICCB. Criteria
for approval shall be:
A) a request from the community college district in which the
proposed extension is to be offered
B) labor market need
C) cost-effectiveness in providing instructional programs
D) adequacy of facilities and support services
E) impact on regional and statewide programs
F) impact on programs at neighboring community college districts
3) If a district in which military installations, correctional institutions, or
other state or federal institutions are located elects not to provide
previously approved units of instruction to these institutions, any other
college may apply to the ICCB to do so. If more than one college applies,
the ICCB will select a college using the following criteria:
A) The proximity of the college to the institution.
B) The availability at the college of the instructional units needed by
the institution.
C) The cost of providing the instructional units for the institution.
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D) The college's past experience in offering similar units of
instruction.
h) Extension of Curricula/Credit Courses Out of State. Curricula and credit courses
offered at out-of-state locations (except for field trips and travel that are in
conjunction with a course offered within the district) must have prior annual
approval by the ICCB. A community college shall be granted approval to offer
previously approved curricula and credit courses out of state provided that it
meets the following criteria:
1) A request for approval including information about the curricula and
courses, location of the proposed extension, projected enrollments, and
projected funding is submitted on forms provided by the ICCB.
2) The college shall identify how the extension will be used by students to
complete degree or certificate programs.
3) If the extension is offered for out-of-state students, the college shall
submit a copy of a written request from the group desiring the service and
assurance that no state or local tax monies will be used to provide such
extensions.
4) The college shall submit annual reports of its out-of-state extensions for
the past fiscal year, on forms provided by the ICCB, by July 15 of each
year.
5) The college shall request approval of its out-of-state extensions, on forms
provided by the ICCB, prior to May 15 for the fiscal year beginning on the
next July 1.
6) Deletion, modification, or addition of courses and curricula offered at out-
of-state extensions previously approved by the ICCB are reasonable and
moderate extensions and must be reported to the ICCB.
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.309 Course Classification and Applicability
a) Course Classification. Information on courses for which credit is to be awarded
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shall be submitted to ICCB through an electronic exchange system in order for the
courses to be classified into appropriate instructional and funding categories and
added to the college's Management Information System (MIS) Course Master
File.
b) Course Credit Hour Determination
1) Credit hours for courses for which ICCB credit hour grants are to be
claimed shall be determined on the basis of an expected 45 hours of
combined classroom/laboratory and study time for each semester hour or
30 hours of that time for each quarter credit hour.
2) Lecture Courses. Courses with students participating in lecture/discussion
oriented instruction shall be assigned one semester credit hour or
equivalent for each 15 classroom contact hours, at a minimum, of
instruction per semester or equivalent. It is assumed that two hours of
outside study will be invested for each classroom contact hour.
3) Laboratory Courses. Courses in which students participate in
laboratory/clinical-laboratory oriented instruction shall be assigned one
semester credit hour or equivalent for each 30-45 classroom contact hours,
at a minimum, of instruction per semester or equivalent. It is assumed that
one hour of outside study will be invested for each two laboratory contact
hours.
4) Clinical Practicum courses. Courses in which students participate in
clinical practical experiences shall receive one semester credit hour or
equivalent each 30-60 contact hours, at a minimum, per semester or
equivalent. It is expected that one hour of outside study time will be
invested for each two clinical practicum contact hours.
5) Internship Courses. Courses in which students participate in nonclinical
internship, practicum, or on-the-job supervised instruction shall receive
one semester credit hour or equivalent for each 75-149 contact hours, at a
minimum, per semester credit hour or equivalent.
6) Students who participate in an approved program with an intensified or
accelerated schedule shall be exempt from the contact hour requirements
of this subsection (b).
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c) Course Syllabus. A syllabus shall be developed and maintained for each credit
course and shall be available to the public and students upon request. A syllabus
contains the description of the course, specific objectives of the course, a topical
outline, and the method for evaluating student performance.
d) Course Applicability. All credit courses must be part of an approved unit of
instruction (see Section 1501.302), and the approved unit of instruction for each
course shall be indicated on the college's ICCB MIS Course Master File.
1) Lower-division Baccalaureate Courses. Courses designed to meet lower-
division baccalaureate degree requirements shall be applicable to associate
transfer degrees. For each baccalaureate course offered, the college shall
either obtain approval for the course to be listed as a Statewide articulated
transfer course by a general education or baccalaureate major panel of the
Illinois Articulation Initiative or maintain current written articulation
agreements or transfer equivalency documents with:
A) at least three Illinois public universities;
B) at least three baccalaureate degree-granting institutions to which a
majority (51%) of the college's students transfer; or
C) one or more baccalaureate degree-granting institutions to which a
majority (51%) of the college's students, majoring in the field for
which the course is required, transfer.
2) GECC Credential. Upon a student's completion of the GECC, a college is
authorized to award a GECC credential, which shall, at a minimum,
consist of a notation on a transcript for the student achieving the
credential.
3) Remedial Course Credit. No remedial course credit shall be applicable to
associate degrees designed for transfer to institutions granting
baccalaureate degrees.
4) Adult Basic Education Course Credit. No adult basic education course
credit applies to degrees or to certificates, except the Adult Basic
Education Certificate.
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5) Adult Secondary Education Course Credit. No adult secondary or college
preparatory education course credit applies to degrees or certificates,
except the Adult Secondary Education Certificate.
6) Career and Technical Education Course Credit. Courses designed to
prepare individuals with a technical skill shall be applicable towards the
requirements or electives for completion of an associate's degree (applied
or transfer) or a career and technical education certificate.
7) General Studies Course Credit. General studies course credit applies only
to the Personal Development; Homemaking; Improving Family
Circumstances; Intellectual and Cultural Studies; Community and Civic
Development; and Health, Safety and Environment Certificates.
e) Special Upper-Division Courses
1) A college may offer any course that is offered by a university, regardless
of numbering system, if the university normally permits its own students
to take the course as lower-division students. These courses will be
eligible for ICCB grants, if they meet all other criteria.
2) If at least three public universities in Illinois agree, or if a public university
that is the principal recipient of transfers from the community college
agrees, certain special courses taught at the upper-division level may be
offered by a college and be eligible for ICCB grants, provided they meet
all other criteria.
f) Independent Study. Independent Study course credit shall not exceed 25 percent
of the credit hour requirements for a student to earn an associate degree. The
topic of an independent study course shall be listed on the student's permanent
academic record.
g) Internships. An internship experience for credit that is designed to provide the
student an opportunity to put into practice the theories and techniques learned in
the classroom/laboratory shall be applicable to an associate degree or certificate,
provided at least 12 semester credit hours or equivalent in the corresponding
curriculum are completed by the student before, or are taken by the student
concurrently with, the experience.
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h) Courses Approved as Repeatable
1) Courses in which the content varies from term to term or from student to
student (e.g., independent study, special topics, and internship courses) or
in which a student is expected to gain increased depth of knowledge and
skill through repetition shall, at the request of the college, be approved for
repeatability under the following conditions:
A) The number of times the course may be taken for credit does not
exceed four times, or the semester or quarter equivalent, e.g., a
single course can be taken one time and repeated no more than
three times per student;
B) The method of determining the amount of credit to be awarded for
each section of the course, for each term, or for each student is
specified in the college's catalog, on the course syllabus, and on the
course classification form, and the subject matter and number of
credits for which the student enrolled is specified on the student's
permanent academic record;
C) The college's catalog, the course syllabus, and the course
classification form requesting approval of repeatability by the
ICCB indicate the number of such credits that will apply to degree
or certificate completion for a single course or a combination of
related courses; and
D) The total number of credit hours for a single course or for a
combination of related courses that are applicable to degree or
certificate completion does not exceed the maximums established
in subsection (b) governing credit hour determination, subsection
(f) governing independent study, or Section 1501.507(b)(10)
governing the maximum rate of credit hour production.
2) Vocational skill courses that must be retaken periodically by law for
persons employed in an occupation or vocation to maintain employment
shall, at the request of the college, be approved for repeatability beyond
the limits described in subsection (h)(1)(A) under the following
conditions:
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A) The content of the course is determined by law and does not
change from one year to the next; and
B) A copy of the law (or regulation administering it) and a course
syllabus accompany the course classification form requesting
repeatability.
3) An adult basic, adult secondary, or a remedial education course that is
organized into discrete modules and offered for variable credit shall, at the
request of the college, be approved for repeatability under the following
conditions:
A) No discrete module is repeated more than three times;
B) The title of a module completed and the grade received is
permanently recorded on the student's permanent academic record;
and
C) The content and number of credit hours for a discrete module is
shown on the course syllabus and on the course classification form
requesting approval of repeatability by ICCB.
4) An adult basic, adult secondary or remedial education course that is not
organized into discrete modules shall, at the request of the college, be
approved for repeatability under the following conditions:
A) The number of times the course may be taken for credit does not
exceed four times, or the semester or quarter equivalent; e.g., a
single course can be taken one time and repeated no more than
three times per student.
B) The variety of skill levels included in the course and the methods
used to accommodate individual differences based on an
assessment of student skills is specified in the course syllabus; and
C) The course title and the grade received is permanently recorded on
the student's academic record each time that the course is taken.
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(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.312 Extension of Curricula/Credit Courses
a) A community college may extend previously approved credit courses into another
community college district with approval of the other community college district.
b) A community college may extend previously approved curricula into another
community college district upon approval of ICCB. Criteria for approval shall be:
1) a request from the community college district in which the proposed
extension is to be offered;
2) labor market need;
3) cost-effectiveness in providing instructional programs;
4) adequacy of facilities and support services;
5) impact on regional and statewide programs; and
6) impact on programs at neighboring community college districts.
c) If a district in which military installations, correctional institutions, or other State
or federal institutions are located elects not to provide previously approved units
of instruction to these institutions, any other college may apply to ICCB to do so.
If more than one college applies, ICCB will select a college using the following
criteria:
1) proximity of the college to the institution;
2) availability at the college of the instructional units needed by the
institution;
3) cost of providing the instructional units for the institution; and
4) college's past experience in offering similar units of instruction.
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d) Curricula and credit courses offered at out-of-state locations (except for field trips
and travel that are in conjunction with a course offered within the district) must
have prior annual approval by ICCB. A community college shall be granted
approval to offer previously approved curricula and credit courses out of State
provided that it meets the following criteria:
1) A request for approval including information about the curricula and
courses, location of the proposed extension, projected enrollments, and
projected funding is submitted on forms provided by ICCB.
2) The college shall identify how the extension will be used by students to
complete degree or certificate programs.
3) If the extension is offered for out-of-state students, the college shall
submit a copy of a written request from the group desiring the service and
assurance that no State or local tax monies will be used to provide the
extension.
4) The college shall submit annual reports of its out-of-state extensions for
the past fiscal year, on forms provided by ICCB, by July 15 of each year.
5) The college shall request approval of its out-of-state extensions, on forms
provided by ICCB, prior to May 15 for the fiscal year beginning on the
next July 1.
6) Deletion, modification or addition of courses and curricula offered at out-
of-state extensions previously approved by ICCB are reasonable and
moderate extensions and must be reported to ICCB.
(Source: Added at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.313 Dual Credit
a) Dual credit courses offered by the college for high school students during the
regular school day shall be college-level and shall meet the following
requirements:
1) State Laws and Regulations and Accreditation Standards. All State laws,
ICCB regulations, accreditation standards specified by the Higher
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Learning Commission, and local college policies that apply to courses,
instructional procedures, and academic standards at the college apply to
college-level courses offered by the college on campus, at off-campus
sites, and at secondary schools. These policies, regulations, instructional
procedures, and academic standards apply to students, faculty and staff
associated with these courses.
2) Instructors. The instructors for these courses shall be selected, employed
and reviewed by the community college. They shall be selected from
individuals with appropriate credentials and demonstrated teaching
competencies at the college level.
A) For instructors teaching transfer courses (1.1 PCS (in the ICCB
Program Classification System)), these qualifications shall include
a minimum of a master's degree within the discipline or any
master's degree with 18 graduate hours appropriate to the academic
field of study or in the discipline in which the instructors will be
teaching.
B) High school instructors teaching dual credit transfer courses who
do not meet the faculty credential standards of this subsection
(a)(2) to determine minimally qualified faculty may teach dual
credit courses if the instructor has a professional development
plan, approved by the college and shared with the State Board of
Education, by December 31, 2022, to raise his or her credentials
to be in line with these credentials.
i) The college shall have 30 days to review the plan and
approve an instructor professional development plan that is
in line with the credentials appropriate to the discipline
being taught.
ii) These approvals shall be good for as long as satisfactory
progress toward the completion of the credential is
demonstrated, but in no event shall a professional
development plan be in effect for more than 3 years from
the date of its approval.
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iii) The instructor shall qualify for a professional development
plan if the instructor has a master's degree in any
discipline and has earned 9 graduate hours in a discipline
in which he or she is currently teaching or expects to teach;
or
• Has a bachelor's degree with a minimum of 18
graduate hours in a discipline that he or she is
currently teaching or expects to teach; and
• Agrees to demonstrate his or her progress toward
completion to the supervising college, as outlined in
the professional development plan. [110 ILCS
27/20(1)(B)]
iv) The provisions of this subsection (a)(2)(B) shall not apply
after December 31, 2022.
C) For instructors teaching career and technical education (1.2 PCS)
courses, these qualifications shall include 2,000 hours of work
experience and appropriate recognizable credentials and
demonstrated teaching competencies appropriate to the field of
instruction.
3) Qualification of Students. Students accepted for enrollment in college-
level courses must have appropriate academic qualifications, a high level
of motivation, and adequate time to devote to studying a college-level
course. The students' course selections shall be made in consultation with
high school counselors and/or principals and are restricted to students who
are able to demonstrate readiness for college-level work, as determined by
placement procedures consistent with those that would be used with
college level students. The students shall meet all college criteria and
follow all college procedures for enrolling in courses. Credit hours
generated by freshman and sophomore students for dual credit courses are
not eligible for reimbursement.
4) Placement Testing and Prerequisites. High school students enrolling in
college-level courses must satisfy the same course placement tests or
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course prerequisites as other college level students, when applicable, to
assure that they are qualified and prepared.
5) Course Offerings. Courses shall be selected from transfer courses that are
direct equivalents of those of baccalaureate institutions in Illinois (i.e.,
have been articulated) (see 23 Ill. Adm. Code 1501.309(d)) or from
courses in ICCB approved certificate or associate in applied science
degree programs.
6) Course Requirements. The course outlines utilized for these courses shall
be the same as for courses offered on campus and at other off-campus sites
and shall contain the content articulated with colleges and universities in
the State. Course prerequisites, descriptions, outlines, requirements,
learning outcomes and methods of evaluating students shall be the same as
for on-campus offerings.
7) Concurrent Credit. The determination of whether a college course is
offered for concurrent high school and college credit shall be made at the
secondary level, according to the school's policies and the practices of the
district.
b) A community college district shall, upon the request of a school district within the
jurisdiction of the community college district, enter into a partnership agreement
with the school district to offer dual credit coursework.
1) A school district may offer any course identified in the Illinois Articulation
Initiative General Education Core Curriculum package under the Illinois
Articulation Initiative Act [110 ILCS 152] as a dual credit course on the
campus of a high school of the school district and may use a high school
instructor who has met the academic credential requirements under this
subsection (b) to teach the dual credit course. [110 ILCS 27]
2) The partnership agreement shall include all of the following:
A) definition of roles and responsibilities for both the college and the
high school;
B) the dual credit courses that the high school district will offer its
students and location of courses;
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C) criteria for eligibility for high school students to enroll in dual
credit coursework;
D) limitations that the college or school district may have on course
offerings;
E) requirements for academic credentials for dual credit instructors,
consistent with ICCB rules and Higher Learning Commission
standards;
F) criteria by which the school district shall identify, and the college
review and approve, high school instructors of dual credit on the
high school campus;
G) criteria as to how the college will take appropriate steps to ensure
that dual credit courses are equivalent to those offered at the
community college; and
H) identification of costs associated with the dual credit course.
3) The college shall establish a mechanism for evaluating and documenting
on a regular basis the performance of students who complete dual credit
courses consistent with students in traditional credit-bearing college
courses.
4) If, within 180 calendar days after the school district's initial request to
enter into a partnership agreement with the community college district,
the school district and the community college district do not reach
agreement on the partnership agreement, then the school district and
community college district shall jointly implement the provisions of the
Model Partnership Agreement, published on the ICCB website. [110 ILCS
27/16]
5) A college may combine its negotiations with multiple high schools to
establish one multi-district partnership agreement or may negotiate
individual partnership agreements at its discretion.
(Source: Added at 44 Ill. Reg. 18680, effective November 13, 2020)
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SUBPART E: FINANCE
Section 1501.507 Credit Hour Claims
a) Claims. Claims for credit hours shall be submitted within 30 days after the end of
each term in a format used by ICCB.
b) Course Requirements. Courses that produce credit hours eligible for ICCB grants
shall satisfy the following requirements:
1) Courses shall be offered for the number of credit hours for which they are
approved by ICCB.
2) Courses that have variable credit hours shall be claimed in specified
increments only up to the maximum credit value approved for the course.
3) Course data shall be posted to the permanent academic record of each
student claimed.
4) Courses shall be a part of units of instruction that have been approved by
ICCB, or the courses must be authorized extensions of existing units of
instruction.
5) Courses shall have specific written objectives.
6) A course outline shall be available for review by any student or citizen.
7) Courses shall have a method of evaluating student performance that
follows the adopted college grading system.
8) Courses shall follow the adopted college policies on student tuition.
9) The following categories of physical education courses shall be the only
ones to produce eligible credit hours:
A) electiveElective physical education courses;
B) requiredRequired courses for majors and minors in physical
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education, recreational leadership, and related programs;
C) physicalPhysical education courses in teacher education programs
as required by the State Educator Preparation and Licensure Board.
10) Courses shall produce a maximum rate of one semester credit hour or
equivalent per week. Requests for exceptions to this requirement may be
submitted to ICCB. The criteria utilized by ICCB for exceptions shall
include:
A) documentation of need for an intensified or accelerated schedule;
B) student population identified with testing and/or screening to
indicate special needs and/or competencies;
C) how courses are instructed, including schedule of classes, study
time allotted for students, method of instruction and how students
are evaluated;
D) time period of instructional activity and projected termination date;
E) procedures to evaluate the accelerated instructional activity.
11) Dual Credit courses offered by the college for high school students during
the regular school day shall be college-level and shall meet the following
requirements:
A) State Laws and Regulations and Accreditation Standards. All State
laws, ICCB regulations, accreditation standards specified by the
North Central Association, and local college policies that apply to
courses, instructional procedures and academic standards at the
college apply to college-level courses offered by the college on
campus, at off-campus sites, and at secondary schools. These
policies, regulations, instructional procedures and academic
standards apply to students, faculty and staff associated with these
courses.
B) Instructors. The instructors for these courses shall be selected,
employed and evaluated by the community college. They shall be
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selected from individuals with appropriate credentials and
demonstrated teaching competencies at the college level. For
transfer courses (1.1 PCS (in the ICCB Program Classification
System)), these qualifications shall include a minimum of a
Master's Degree with 18 graduate hours appropriate to the
academic field of study or in the discipline in which they will be
teaching. For career and technical education (1.2 PCS) courses,
these qualifications shall include 2,000 hours of work experience
and appropriate recognizable credentials, depending on the specific
field.
C) Qualification of Students. Students accepted for enrollment in
college-level courses must have appropriate academic
qualifications, a high level of motivation, and adequate time to
devote to studying a college-level course. The students' course
selections shall be made in consultation with high school
counselors and/or principals and are restricted to students who are
able to demonstrate readiness for college-level work, as
determined by placement procedures consistent with those that
would be used with college level students. The students shall meet
all college criteria and follow all college procedures for enrolling
in courses. Credit hours generated by freshman and sophomore
students for dual credit courses are not eligible for reimbursement.
D) Placement Testing and Prerequisites. High school students
enrolling in college-level courses must satisfy the same course
placement tests or course prerequisites as other college level
students, when applicable, to assure that they are qualified and
prepared.
E) Course Offerings. Courses shall be selected from transfer courses
that have been articulated with baccalaureate institutions in Illinois
(see 23 Ill. Adm. Code 1501.309(d)) or from courses in ICCB
approved certificate or associate in applied science degree
programs.
F) Course Requirements. The course outlines utilized for these
courses shall be the same as for courses offered on campus and at
other off-campus sites and shall contain the content articulated
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ILLINOIS COMMUNITY COLLEGE BOARD
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with colleges and universities in the State. Course prerequisites,
descriptions, outlines, requirements, learning outcomes and
methods of evaluating students shall be the same as for on-campus
offerings.
G) Concurrent Credit. The determination of whether a college course
is offered for concurrent high school and college credit shall be
made at the secondary level, according to the school's policies and
the practices of the district.
c) Student Requirements. The following requirements shall apply to students who
generate credit hours eligible for ICCB grants.:
1) Students shall be certified by their instructors as being in attendance at
midterm by including a certification statement on the midterm class roster,
signed and dated by the instructor.
2) Students who complete a course with a passing grade by the end of the
term and who were not certified as being in attendance at midterm by the
instructor shall be considered as having been in attendance at midterm.
3) Students enrolled in variable entry/variable exit classes or short-term
classes of less than eight weeks may be certified by their instructors as
having been in attendance at midterm by including a certification
statement on the final class roster, signed and dated by the instructor.
4) Students shall be residents of the State of Illinois.
5) Auditors or visitors in a course shall not produce eligible credit hours.
6) Students who repeat enrollment in a course shall produce credit hours
eligible for ICCB grants when one of the following conditions is met.:
A) If the student completed the course the first time of enrollment
with less than a grade of C (or equivalent) and if the student was
claimed for funding, the student may enroll and be claimed in the
course one additional time.;
B) If the student enrolled in the course previously and withdrew
ILLINOIS REGISTER 18729
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before completing the course, and if the student was claimed for
funding, the student may enroll and be claimed in the course one
additional time.;
C) If a student completed the course previously and was claimed for
funding, the student may be claimed for retaking the course if the
student uses his/her option to retake the course tuition free under
the college's educational guarantee program.;
D) If the last time the student completed the course was at least four
years previously, the student may be claimed for funding if the
student repeats the course to upgrade his/her skills in that area.; or
E) If a course has been approved by ICCB to be repeated, the student
may repeat the course and be claimed as often as approved by
ICCB.
d) Exceptions. The following credits will not be eligible for ICCB funding:
1) creditCredit by examination;
2) militaryMilitary service credit for physical education;
3) transferTransfer of credit earned at other institutions or in the armed
forces;
4) proficiencyProficiency examinations;
5) advancedAdvanced placement credits;
6) otherOther methods of program acceleration that do not include
instruction; and.
7) credit hours generated by freshman and sophomore students for dual credit
courses.
e) Midterm Class List Certification Requirements
1) The midterm class lists' primary purpose shall be for certification of
students' credit hours for State funding eligibility or ineligibility.
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2) The process must rely on the course section's instructor's assessment of the
students' pursuit of successful completion at the midpoint of the class, as indicated by that instructor's midterm certification signature.
3) The college shall document and communicate district requirements to
faculty each semester.
4) The college must be able to provide, upon request, a hardcopy midterm class list print out of each course section, submitted on ICCB credit hour claims, containing either a manual faculty signature or an authenticated electronic faculty signature for either ICCB or external audit purposes.
5) Students who participate in an approved program with an intensified or
accelerated schedule shall be exempt from the midterm class list
requirements of this subsection (e) provided that a final class list is
provided.
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
SUBPART H: PERSONNEL
Section 1501.801 Definition of Terms
"Automatic Rollover Clause" means the renewal of an employment contract after
the anniversary date for an additional term without any additional agreement or
signature.
"Misconduct" includes, but is not limited to, the following:
Conduct demonstrating conscious disregard of a college district's interest
and found to be a deliberate violation or disregard of the reasonable
standards of behavior the district expects of its employee.
Carelessness or negligence to a degree or recurrence that manifests
culpability or wrongful intent, or shows an intentional and substantial
disregard of the district's interests or of the employee's duties and
obligations to his or her college district.
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Chronic absenteeism or tardiness in deliberate violation of a known policy
of the district or one or more unapproved absences following a written
reprimand or warning relating to more than one unapproved absence.
A violation of a college district's rule, unless the claimant can demonstrate
that:
He or she did not know, and could not reasonably know, of the
rule's requirements;
The rule is not lawful or not reasonably related to the job
environment and performance; or
The rule is not fairly or consistently enforced.
Other conduct, including, but not limited to, committing criminal assault
or battery on another employee, student, customer or invitee of the
employer.
"Severance Pay" means the actual or constructive compensation, including
salary, benefits, or perquisites, for employment services yet to be rendered that is
provided to an employee who has recently been or is about to be terminated. [5
ILCS 415/5]
"Sabbatical Leave" means a leave of absence granted by the Board of Trustees to
eligible employees to provide opportunities for those employees to engage in
activities aimed at developing the employees professionally and improving their
abilities to perform their contractual responsibilities.
(Source: Amended at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.803 Employment Contracts
a) Severance Pay. Any community college district that enters into, amends, renews
or extends an employment contract that includes a provision for severance pay
must include the following in the contract:
1) The limitation of severance pay to not exceed any amount greater than 20
weeks of compensation; and
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2) A prohibition of severance pay when an employee has been fired by the
district for misconduct. [5 ILCS 415/10]
b) Any employment contract entered into, amended, renewed, or extended with an
employee of the community college district shall adhere to the following
limitations:
1) A contract with a determinate start and end date may not exceed 4 years
[110 ILCS 805/3-65(b)(2)];
2) The contract may not include any automatic rollover clauses [110 ILCS
805/3-65(b)(3)]; and
3) All renewals or extensions of contracts must be made during an open
meeting of the board.
c) President and Chancellor Employment Contracts
1) Final action on the formation, renewal, extension, or termination of the
employment contract of a president or chancellor must be made during an
open meeting of the board. [110 ILCS 805/3-70(2)]
2) Any performance-based bonus or incentive-based compensation to the
president or chancellors must be approved by the board in an open
meeting. The performance criteria and goals upon which the bonus or
incentive-based compensation is based must be made available to the
public on the district's official website no less than 48 hours before board
approval. [110 ILCS 805/3-70(4)]
d) Public Notice. Public notice, pursuant to the Illinois Open Meetings Act [5 ILCS
120], of an employment contract entered into, amended, renewed, extended, or
terminated shall be provided by publication of the board item documenting, at a
minimum, a description of the proposed financial components of the contract and
a description of the action to be taken by the board.
1) If the proposed contract is written prior to the board meeting, a copy of the
contract, including all addendums or any other documents that change an
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initial contract, shall be posted prior to board action on the district's
official website. [110 ILCS 805/3-70(3)]
2) If the proposed contract is not written prior to the board meeting, the board
may take action to approve the contract or terms of the contract, provided
that public notice was provided pursuant to this Section. As soon as
possible following board action, copies of the contract enacted, including
all addendums and other documents that change an initial contract, shall
be posted to the district's official website.
e) This Section does not apply to collective bargaining agreements.
(Source: Added at 44 Ill. Reg. 18680, effective November 13, 2020)
Section 1501.804 President and Chancellor Performance Review
The board shall complete an annual performance review of the president or chancellor. The
board shall consider the annual performance review when contemplating a bonus, raise, or
severance agreement for the president or chancellor. [110 ILCS 805/3-75] The annual
performance criteria and goals shall be made available to the public on the district's official
website.
(Source: Added at 44 Ill. Reg. 18680, effective November 13, 2020)
ILLINOIS REGISTER 18734
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OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Procedures and Standards
2) Code Citation: 92 Ill. Adm. Code 1001
3) Section Number: Adopted Action:
1001.800 New Section
4) Statutory Authority: 625 ILCS 5/2-104(b) and Gubernatorial Executive Order number
2020-08.
5) Effective Date of Rule: November 13, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, 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 the Illinois Register: 44 Ill. Reg. 11748; July 17, 2020
10) Has JCAR issued a Statement of Objection to this Rulemaking? No
11) Differences between Proposal and Final Version: Reference to the Secretary is made
gender neutral. Reference to Gubernatorial Executive Order 2020-44 is removed and
replaced with reference to subsequent orders extending Gubernatorial Executive Order
2020-08. Subsection c is removed as redundant.
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
14) Are there any rulemakings pending on this Part? Yes
Sections Numbers: Proposed Actions: Illinois Register Citations:
1001.100 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.110 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.300 Amendment 44 Ill. Reg. 17902; November 13, 2020
ILLINOIS REGISTER 18735
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OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
1001.310 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.400 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.410 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.420 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.430 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.440 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.441 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.443 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.465 Amendment 44 Ill. Reg. 17902; November 13, 2020
1001.470 Amendment 44 Ill. Reg. 17902; November 13, 2020
15) Summary and Purpose of Rulemaking: This new section extends for the duration of the
disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038
issued on March 9, 2020, as extended, the timeline for holding administrative hearings
and entering final orders for those hearings.
16) Information and questions regarding this adopted rule shall be directed to:
Secretary of State
Pamela Wright
298 Howlett Building
Springfield IL 62756
217/785-3094
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 18736
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NOTICE OF ADOPTED AMENDMENT
TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1001
PROCEDURES AND STANDARDS
SUBPART A: FORMAL ADMINISTRATIVE HEARINGS
Section
1001.10 Applicability
1001.20 Definitions
1001.30 Right to Counsel
1001.40 Appearance of Attorney
1001.50 Special Appearance
1001.60 Substitution of Parties
1001.70 Commencement of Actions; Notice of Hearing
1001.80 Motions
1001.90 Form of Papers − Original Documents Required
1001.100 Conduct of Formal Hearings
1001.110 Orders; Notification; Time Limits on Obtaining Relief
1001.120 Record of Hearings
1001.130 Invalidity
SUBPART B: ILLINOIS SAFETY RESPONSIBILITY HEARINGS
Section
1001.200 Applicability
1001.210 Definitions
1001.220 Hearings: Notice; Location; Procedures; Record
1001.230 Rules of Evidence
1001.240 Scope of Hearings
1001.250 Decisions and Orders
1001.260 Rehearings
1001.270 Judicial Review
1001.280 Invalidity
SUBPART C: RULES ON THE CONDUCT OF INFORMAL HEARINGS IN
DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS
ILLINOIS REGISTER 18737
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OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
Section
1001.300 Applicability
1001.310 Definitions
1001.320 Right to Representation
1001.330 Record and Reports
1001.340 Location of Hearings
1001.350 Duties and Responsibilities
1001.360 Decisions; Time Limits on Obtaining Relief
1001.370 Invalidity
SUBPART D: STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING
PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF
DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE
Section
1001.400 Applicability; Statement of Principle and Purpose
1001.410 Definitions
1001.420 General Provisions Relating to the Issuance of Restricted Driving Permits
1001.430 General Provisions for Reinstatement of Driving Privileges after Revocation
1001.440 Provisions for Alcohol and Drug Related Revocations, Suspensions, and
Cancellations
1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs
1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of
BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a
BAIID Provider
1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender – Compliance with
Interlock Program
1001.444 Monitoring Device Driving Permit (MDDP) Provisions
1001.450 New Hearings
1001.460 Requests for Modification of Revocations and Suspensions
1001.465 Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing
1001.470 Renewal, Correction and Cancellation of RDPs
1001.480 Unsatisfied Judgment Suspensions
1001.485 Reinstatement Application Based Upon Issuance of Drivers License in a State
Which is a Member of the Driver License Compact
1001.490 Invalidity
SUBPART E: FORMAL MEDICAL HEARINGS
ILLINOIS REGISTER 18738
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OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
Section
1001.500 Applicability
1001.510 Definitions
1001.520 Procedure
1001.530 Conduct of Medical Formal Hearings
1001.540 Subsequent Hearings
SUBPART F: ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES;
PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT
HEARINGS; RESTRICTED DRIVING PERMITS
Section
1001.600 Applicability
1001.610 Definitions
1001.620 Burden of Proof
1001.630 Implied Consent Hearings; Religious Exception
1001.640 Implied Consent Hearings; Medical Exception
1001.650 Rebuttable Presumption
1001.660 Alcohol and Drug Education and Awareness Program
1001.670 Petitions for Restricted Driving Permits
1001.680 Form and Location of Hearings
1001.690 Invalidity
SUBPART G: MOTOR VEHICLE FRANCHISE ACT
Section
1001.700 Applicability
1001.710 Definitions
1001.720 Organization of Motor Vehicle Review Board
1001.730 Motor Vehicle Review Board Meetings
1001.740 Board Fees
1001.750 Notice of Protest
1001.760 Hearing Procedures
1001.770 Conduct of Protest Hearing
1001.780 Mandatory Settlement Conference
1001.785 Technical Issues
1001.790 Hearing Expenses; Attorney's Fees
1001.795 Invalidity
ILLINOIS REGISTER 18739
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OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
SUBPART H: MISCELLANEOUS
Section
1001.800 Extension of Hearing Dates
1001.APPENDIX A BAIID Regions and Minimum Installation/Service Center Site Location
Guidelines (Repealed)
AUTHORITY: Subpart A implements Sections 2-113, 2-118, 6-108, 6-205, and 6-206 and is
authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code [625 ILCS 5]. Subpart B
implements Chapter 7 and is authorized by Sections 2-103, 2-104, 2-106, 2-107, 2-108, 2-113,
and 2-114, and Ch. 7 of the Illinois Vehicle Code. Subpart C implements Sections 6-205(c) and
6-206(c)3 and is authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code. Subpart D
is authorized by Sections 2-104 and 11-501 of the Illinois Vehicle Code and implementing
Sections 6-103, 6-205(c), 6-206(c)3, and 6-208 of the Illinois Vehicle Code. Subpart E
implements Sections 2-113, 2-118, 2-123, 6-103, 6-201, 6-906, and 6-908 and is authorized by
Sections 2-103, 2-104, 6-906, and 6-909 of the Illinois Vehicle Code. Subpart F implements
Sections 2-113, 2-118, 6-208.2, 11-501.1, and 11-501.8 and is authorized by Sections 2-103, 2-
104, and 11-501.8 of the Illinois Vehicle Code. Subpart G implements and is authorized by the
Motor Vehicle Franchise Act [815 ILCS 710].
SOURCE: Adopted and codified at 7 Ill. Reg. 7501, effective June 17, 1983; amended at 8 Ill.
Reg. 4220, effective April 1, 1984; emergency amendment at 9 Ill. Reg. 17030, effective October
18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4558, effective March 18, 1986;
amended at 11 Ill. Reg. 17844, effective October 15, 1987; amended at 13 Ill. Reg. 15803,
effective October 1, 1989; amended at 14 Ill. Reg. 2601, effective February 15, 1990; amended
at 14 Ill. Reg. 16041, effective October 1, 1990; emergency amendment at 16 Ill. Reg. 19926,
effective December 8, 1992, for a maximum of 150 days; emergency amendment at 17 Ill. Reg.
2047, effective January 27, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 6274,
effective May 1, 1993; amended at 17 Ill. Reg. 8528, effective June 1, 1993; emergency
amendment at 18 Ill. Reg. 7916, effective May 10, 1994, for a maximum of 150 days; amended
at 18 Ill. Reg. 15127, effective September 21, 1994; emergency amendment at 19 Ill. Reg. 54,
effective January 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6667, effective
May 1, 1995; emergency amendment at 20 Ill. Reg. 1626, effective January 15, 1996, for a
maximum of 150 days; amended at 20 Ill. Reg. 8328, effective June 12, 1996; emergency
amendment at 20 Ill. Reg. 9355, effective July 1, 1996, for a maximum of 150 days; amended at
20 Ill. Reg. 15773, effective November 28, 1996; amended at 23 Ill. Reg. 692, effective January
15, 1999; amended at 24 Ill. Reg. 19257, effective December 15, 2000; expedited correction at
25 Ill. Reg. 7352, effective December 15, 2000; emergency amendment at 25 Ill. Reg. 13790,
ILLINOIS REGISTER 18740
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
effective October 15, 2001, for a maximum of 150 days; emergency expired on March 13, 2002;
emergency amendment at 25 Ill. Reg. 14979, effective November 9, 2001, for a maximum of 150
days; emergency expired on April 7, 2002; amended at 26 Ill. Reg. 9380, effective June 13,
2002; amended at 26 Ill. Reg.13347, effective August 21, 2002, for a maximum of 150 days;
emergency amendment at 26 Ill. Reg. 14706, effective September 20, 2002, for a maximum of
150 days; emergency expired on February 16, 2003; amended at 27 Ill. Reg. 5969, effective
March 31, 2003; amended at 27 Ill. Reg. 13577, effective August 1, 2003; amended at 28 Ill.
Reg. 12123, effective September 1, 2004; amended at 28 Ill. Reg. 15804, effective November 19,
2004; amended at 31 Ill. Reg. 6185, effective May 1, 2007; amended at 31 Ill. Reg. 14837,
effective November 1, 2007; amended at 33 Ill. Reg. 282, effective January 1, 2009; emergency
amendment at 35 Ill. Reg. 3848, effective February 15, 2011, for a maximum of 150 days;
amended at 35 Ill. Reg. 10934, effective June 21, 2011; amended at 36 Ill. Reg. 7300, effective
April 30, 2012; amended at 37 Ill. Reg. 5844, effective April 19, 2013; amended at 39 Ill. Reg.
2718, effective February 6, 2015; amended at 40 Ill. Reg. 834, effective December 31, 2015;
amended at 40 Ill. Reg. 6158, effective March 23, 2016; amended at 41 Ill. Reg. 473, effective
December 28, 2016; amended at 42 Ill. Reg. 16921, effective September 5, 2018; emergency
amendment at 44 Ill. Reg. 5824, effective March 17, 2020, for a maximum of 150 days;
emergency amendment to emergency rule at 44 Ill. Reg. 6634, effective April 9, 2020, for the
remainder of the 150 days; emergency rule effective March 17, 2020, as amended April 9, 2020,
repealed at 44 Ill. Reg. 11588, effective June 30, 2020; emergency amendment at 44 Ill. Reg.
11882, effective June 30, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 14243,
effective August 19, 2020; amended at 44 Ill. Reg. 18734, effective November 13, 2020.
SUBPART H: MISCELLANEOUS
Section 1001.800 Extension of Hearing Dates
a) Pursuant to the power vested in him or her by Section 2-104(b) of the Motor
Vehicle Code and Gubernatorial Executive Order number 2020-08 and
subsequent Executive Orders that extend the effectiveness of Executive Order
2020-08, the Secretary of State extends the time periods for conducting hearings
and for issuing orders pursuant to Section 2-118(a) of the Illinois Vehicle Code as
follows:
1) For all hearings that were held on or before March 9, 2020, but for which
final orders have not been entered as of June 1, 2020, final orders shall be
entered on or before October 1, 2020.
ILLINOIS REGISTER 18741
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
2) For all hearing requests received on or before June 1, 2020, but for which
no hearing has been held as of June 1, 2020, a hearing shall be held not
later than October 1, 2020, and final orders for those hearings shall be
entered not later than 120 days after the date of the hearing.
3) For all hearing requests received after June 1, 2020, but before July 1,
2020, a hearing shall be held within 120 days after the date on which the
request was received, and final orders for those hearings shall be entered
not later than 120 days after the date of the hearing.
b) The extensions of time provided for in this Section shall not apply to any hearing
requests received on or after July 1, 2020.
(Source: Added at 44 Ill. Reg. 18734, effective November 13, 2020)
ILLINOIS REGISTER 18742
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Rules Of The Road − Persons With Disabilities Parking Program
2) Code Citation: 92 Ill. Adm. Code 1100
3) Section Number: Adopted Action:
1100.50 New Section
4) Statutory Authority: Implementing and authorized by Section 3-616 of the Illinois
Vehicle Title and Registration Law and Section 11-1301.2 of the Illinois Rules of the
Road [625 ILCS 5] and Gubernatorial Executive Order numbers 2020-08.
5) Effective Date of Rule: November 13, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, 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 the Illinois Register: 44 Ill. Reg. 11764; July 17, 2020
10) Has JCAR issued a Statement of Objection to this Rulemaking? 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? None requested.
13) Will this rulemaking replace an emergency rule currently in effect? Yes
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This rulemaking extends for the duration of the
disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038
issued on March 9, 2020, and for a period of 100 days thereafter the expiration dates of
all person with disabilities motorist decal or device.
16) Information and questions regarding this adopted rule shall be directed to:
ILLINOIS REGISTER 18743
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
Secretary of State
Pamela Wright
298 Howlett Building
Springfield IL 62756
217/785-3094
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 18744
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1100
RULES OF THE ROAD − PERSONS WITH DISABILITIES PARKING PROGRAM
Section
1100.5 Definitions
1100.10 Application Procedures for Plates and Decals or Devices
1100.15 Authorized Issuing Agents for Person with Disabilities Parking Decals or Devices
1100.20 Person with Disabilities Parking Decals or Devices
1100.25 Random Professional License Number Checks with the Department of Financial
and Professional Regulation
1100.30 Corporations, School Districts and Special Education Cooperatives
1100.35 Revocation of Plates and Decals or Devices
1100.40 Revocation Authority for Plates and Decals or Devices (Repealed)
1100.50 Extension of Expiration Dates
AUTHORITY: Implementing and authorized by Section 3-616 of the Illinois Vehicle Title and
Registration Law and Section 11-1301.2 of the Illinois Rules of the Road [625 ILCS 5].
SOURCE: Adopted at 4 Ill. Reg. 11, p. 74, effective February 29, 1980; codified at 6 Ill. Reg.
12703; amended at 9 Ill. Reg. 12868, effective August 2, 1985; amended at 12 Ill. Reg. 8448,
effective May 2, 1988; old Part repealed and new Part adopted at 22 Ill. Reg. 2280, effective
January 1, 1998; amended at 30 Ill. Reg. 917, effective January 6, 2006; amended at 37 Ill. Reg.
19866, effective November 27, 2013; emergency amendment at 44 Ill. Reg. 5847, effective
March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill.
Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; emergency rule effective
March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11618, effective June 30,
2020; emergency amendment at 44 Ill. Reg. 11906, effective June 30, 2020, for a maximum of
150 days; amended at 44 Ill. Reg. 18742, effective November 13, 2020.
Section 1100.50 Extension of Expiration Dates
Pursuant to the powers vested in him or her by Public Act 101-640, the Secretary of State hereby
extends for the duration of the disaster proclaimed by the Governor in Gubernatorial
Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster
proclamations, and for a period of 100 days thereafter, the expiration dates of any person with
disabilities motorist decal or device issued pursuant to Section 11-1301.2 of the Illinois Vehicle
ILLINOIS REGISTER 18745
20
OFFICE OF THE SECRETARY OF STATE
NOTICE OF ADOPTED AMENDMENT
Code, which was expired as of the last day of the proclaimed disaster, and those that expire
within the first 60 days following the last day of the proclaimed disaster.
(Source: Added at 44 Ill. Reg. 18742, effective November 13, 2020)
ILLINOIS REGISTER 18746
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: State Universities Civil Service System
2) Code Citation: 80 Ill. Adm. Code 250
3) Section Number: Adopted Action:
250.110 Amendment
4) Statutory Authority: State Universities Civil Service Act 110 ILCS 70
5) Effective Date of Rule: November 12, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, 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 the Illinois Register: 44 Ill. Reg. 8192; May 15, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: The Agency made two changes from
the 1st notice. The word "secretary" was changed to "Secretary for the Merit Board" in
reference to a specific person and also changed the word "may" to "shall" in subsection
(f)(9)(1).
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? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part is being amended to reorganize and
renumber subsection (f). Headers were added for easier reference. Changes included the
following: additional language was added regarding the reasons for discharges;
elimination of the written closing statements following a discharge/demotion hearing; and
ILLINOIS REGISTER 18747
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
a timeline was established regarding the exchange of documents between parties of
record prior to a discharge/demotion hearing. In addition, subsection (e)(3) was amended
by adding language regarding suspensions. A new subsection (c)(5) was added regarding
when a status employee fails to maintain his/her right to work in the United States.
16) Information and questions regarding this adopted rule shall be directed to:
Jeff Brownfield
Executive Director
State Universities Civil Service System
1717 Philo Road, Suite 24
Urbana IL 61802
217/278-3150
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 18748
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER VI: STATE UNIVERSITIES CIVIL SERVICE SYSTEM
PART 250
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
Section
250.5 Definitions
250.10 Purpose, Adoption, and Amendment of Rules
250.20 The State Universities Civil Service System and its Divisions
250.30 The Classification Plan
250.40 Military Service Preference, Veterans Preference
250.50 Examinations
250.60 Eligible Registers
250.70 Nonstatus Appointments
250.80 Status Appointments
250.90 Probationary Period
250.100 Reassignments and Transfers
250.110 Separations and Demotions
250.119 Furloughs
250.120 Seniority
250.130 Review Procedures
250.140 Delegation of Authority and Responsibilities
250.150 Training
250.160 Suspension of Rules
AUTHORITY: Implementing and authorized by the State Universities Civil Service Act [110
ILCS 70].
SOURCE: Rules: State Universities Civil Service System, approved January 16, 1952, effective
January 1, 1952; amended at 3 Ill. Reg. 13, p. 68, effective April 1, 1979; amended at 4 Ill. Reg.
10, p. 262, effective February 25, 1980; amended at 6 Ill. Reg. 2620, effective February 22,
1982; amended at 6 Ill. Reg. 7236, effective June 3, 1982; amended at 8 Ill. Reg. 4948 and 4950,
effective March 29, 1984; codified at 8 Ill. Reg. 12936; amended at 8 Ill. Reg. 24732, effective
December 6, 1984; amended at 9 Ill. Reg. 17422, effective October 23, 1985; amended at 11 Ill.
Reg. 8942, effective May 8, 1987; amended at 12 Ill. Reg. 3457, effective February 1, 1988;
amended at 12 Ill. Reg. 17079, effective October 7, 1988; amended at 13 Ill. Reg. 7324, effective
ILLINOIS REGISTER 18749
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
May 1, 1989; amended at 13 Ill. Reg. 19427, effective February 6, 1990; amended at 18 Ill. Reg.
1901, effective January 21, 1994; amended at 20 Ill. Reg. 4440, effective February 29, 1996;
amended at 30 Ill. Reg. 17384, effective October 23, 2006; amended at 31 Ill. Reg. 15848,
effective November 13, 2007; amended at 32 Ill. Reg. 17268, effective October 16, 2008;
amended at 33 Ill. Reg. 11644, effective July 22, 2009; amended at 36 Ill. Reg. 6014, effective
April 6, 2012; amended at 37 Ill. Reg. 419, effective December 26, 2012; amended at 39 Ill. Reg.
13504, effective December 1, 2015; amended at 40 Ill. Reg. 3105, effective January 26, 2016;
emergency amendment at 40 Ill. Reg. 3772, effective March 1, 2016, for a maximum of 150
days; amended at 40 Ill. Reg. 11192, effective August 4, 2016; amended at 40 Ill. Reg. 16302,
effective December 12, 2016; amended at 41 Ill. Reg. 11576, effective August 30, 2017;
amended at 42 Ill. Reg. 24268, effective December 3, 2018; amended at 43 Ill. Reg. 6829,
effective May 23, 2019; emergency amendment at 44 Ill. Reg. 6662, effective April 10, 2020, for
a maximum of 150 days; emergency expired September 6, 2020; amended at 44 Ill. Reg. 18746,
effective November 12, 2020.
Section 250.110 Separations and Demotions
a) Resignation. An employee having a nonstatus or status appointment, as described
in Sections 250.70 and 250.80, may resign by presenting a signed resignation to
his/her employer or by demonstrating to the employer by other means his/her
intent to separate from employment. Upon receipt of a signed resignation by the
employee or other evidence of intent to separate from employment, the employee
will be separated from his/her employer. The employer shall maintain all
resignations or other documentation of evidence in accordance with the
employer's record retention policy.
b) Leave of Absence
1) Leave of Absence for Classification Changes. A status employee who
accepts a position that represents a promotion in a class outside his/her
promotional line shall be granted a leave of absence from a position of
his/her former class for the duration of any intern appointment, provisional
appointment, and/or probationary period in the new class.
2) Leave of Absence for Disciplinary Actions. An employee placed on a
Disciplinary Suspension or on a Suspension Pending Discharge shall be
placed on a leave of absence from his/her position.
ILLINOIS REGISTER 18750
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
3) Leave of Absence for Disability Leave
A) If an employee is no longer able to perform the duties and
responsibilities of his/her position in the class due to a disability as
determined by the employer's medical and/or psychological
evaluation procedures, and/or in accordance with State and federal
laws, the employee will be required to take disability leave in
accordance with subsection (b)(3)(B).
B) A status employee who becomes eligible for disability benefits to
be paid by the employer or, as later determined, by the Illinois
State retirement system to which the employee contributed, or
becomes eligible for payment benefits as defined by the Workers'
Compensation Act [820 ILCS 305], the Illinois Occupational
Diseases Act [820 ILCS 310], or a State self-insurance program,
shall be granted a disability leave. The disability leave shall be the
period for which the employee applies for such benefits, until the
time of the expiration of the benefits or a final administrative
decision denying or terminating the benefits, including any gap in
benefit payments between the expiration of institutional benefits
and those available under the approving authority.
C) The employer may require an employee to take a medical and/or
psychological examination prior to returning to work after a
disability leave. The examination shall be conducted by a licensed
practitioner selected by the employer to determine the physical
and/or mental capability to perform the essential duties of the
employee's position. The employer may supply the examining
practitioner with facts relating to the employee's difficulty or
inability to perform the essential functions of the job and may
supply additional information, including but not limited to physical
and mental requirements of the employee's position, duty
statement, job classification specification, and position description.
The employee may also present an alternative opinion provided by
a licensed practitioner to be selected and paid for by the employee.
If there is a difference of opinion, a third outside practitioner shall
be selected by the 2 physicians. The employer shall pay for all
examinations, except those initiated by the employee.
ILLINOIS REGISTER 18751
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
D) An employee's refusal to submit to an examination as described in
subsection (b)(3)(C), the unexcused failure to appear for such an
examination, or the refusal to release the results of the examination
may be deemed by the employer as an acknowledgement that the
employee is not fit for duty and may subject the employee to
termination actions as defined in subsection (c).
E) A disability leave may be revoked by the employer upon evidence
that the cause for granting the leave was misrepresented.
F) At the expiration of all disability benefits, an employee shall be
entitled to return to a position in his/her class without any loss of
status due to the disability leave, providing that he/she returns
upon the expiration of all disability benefits to which entitled.
G) Reemployment
i) If an employee does not return to work at the expiration of
all disability benefits and is terminated in accordance with
subsection (c)(2), the employee may, within one year
following the expiration of all disability benefits, request
reinstatement and, upon approval of the Executive Director,
the employee's name may be placed on the reemployment
register in the class in which he/she was employed at the
time the disability leave was granted and in accordance
with total seniority earned.
ii) If, within one year following the expiration of all disability
benefits, the employee requests reinstatement, but, because
of his/her disability, is deemed unable to perform the duties
in the class, the employee may be required to pass physical
or other tests to determine employability under the
University System.
4) Military Leave of Absence. An employee shall be granted a Military
Leave of Absence in accordance with State and federal laws and
regulations.
ILLINOIS REGISTER 18752
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
5) Notification
A) The employer may select:
i) to notify the Executive Director of all leaves of absence,
including military, disability, or any other leave otherwise
granted; or
ii) to maintain these records for inspection upon request by the
Executive Director or designee during the on-site audit
program or other specified time.
B) The notification shall include the beginning and ending dates of
leaves that exceed 30 calendar days of non-pay status.
c) Termination
1) An employee having a non-status appointment, as described in Section
250.70, may be terminated by his/her employer at any time during the
training period and/or upon completion of the work assignment.
2) An employee on disability leave, as defined in subsection (b)(3), who has
exhausted all of his/her disability benefits and is unable to resume the
duties and responsibilities of a position in his/her class may be terminated
from employment in accordance with subsection (c)(5), or the employer
and employee may agree upon employment in a more suitable
classification. The alternative employment options shall be subject to
standard civil service employment protocols.
3) An employee who fails to report for duty after a disability leave of
absence has expired or has been denied, disapproved, revoked, or canceled
by the approving authority, or any other failure to report for duty as
scheduled after a disability leave of absence, may be terminated from
employment in accordance with subsection (c)(65).
4) An employee who fails to report for duty after he/ she has exhausted
benefits under the Family and Medical Leave Act (FMLA) may be
terminated from employment in accordance with subsection (c)(65).
ILLINOIS REGISTER 18753
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
5) An employee who fails to maintain his/her right to work in the United
States, as evidenced by a Permanent Resident Card (also known as a
Green Card), an Employment Authorization Document (also known as a
work permit), or an employment-related visa granted by the government
of the United States, shall have his/her employment terminated as of the
last date that employee had a right to work in the United States. It is the
responsibility of the employee to do all things necessary to maintain
his/her right to work in the United States, as governed by U.S. law. The
employer shall notify the employee of the termination.
65) Appropriate notification shall be provided to an employee, as specifically
referenced in subsections (c)(2), (c)(3) and (c)(4), which shallwill include
the notification provisions outlined in this subsection (c)(65).
A) The employer shall notify the employee that he/she will be
terminated from the employer's service to become effective 7
calendar days from the date of mailing of the notification to the
employee. The notification shall be sent, by an overnight delivery
service that requires signature upon receipt, to the most recent
address of the employee as shown on the employer's records.
B) At any time prior to the effective date of termination, the employee
shall have the opportunity to provide to the employer evidence of
the reason for the unauthorized absence. The employer shall
revoke the termination if the employee provides satisfactory
evidence of the reason for the unauthorized absence. If the
employer determines that the evidence is not satisfactory, the
employer shall notify the employee immediately that the
termination will remain in effect.
C) Pursuant to Section 250.130 (Review Procedures), the employee
may request a review of the employer's final notice of termination.
The review is limited to a determination of whether this Section
has been properly applied and whether the employer's decision is
deemed arbitrary or capricious. In the event a review is not
requested within the allotted timeframe, the employee's
termination from service shall be effective 7 calendar days after the
original notification.
ILLINOIS REGISTER 18754
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
d) Layoff
1) The Executive Director shall be notified promptly of all employees on
layoff status, together with the dates of the beginning of layoff and of
return to employment from layoff status, when the layoff exceeds 30
consecutive work days. A status employee shall receive a written notice,
at least 30 calendar days in advance of the effective date of layoff, when
the layoff exceeds 30 consecutive work days; however, the effective date
of layoff may be extended up to 15 calendar days without the requirement
of further notice.
2) Whenever it becomes necessary to lay off one or more employees, except
as provided in subsection (d)(3), the employee who has the least amount
of service in the class shall be laid off first, and additional layoffs shall be
made in the ascending order of the place of the employee on the service
and seniority lists for that class.
3) An employee who is the incumbent of a position for which the Executive
Director has authorized specialized certification under Section
250.60(d)(9), or who is the incumbent of a position that has previously
been identified as requiring specialized training or experience as required
by the position in accordance with minimum acceptable qualifications for
the class, may not be bumped by another employee with greater seniority
unless the employee with greater seniority possesses the special and
identified qualifications authorized for the incumbent's position.
4) Whenever it becomes necessary to reemploy one or more employees in a
class, the employee last laid off by seniority shall be reemployed first, and
further reemployment shall be made in the order of seniority until the
reemployment register for that class is exhausted. Work of short duration
requiring reemployment of one or more employees will not require a new
written 15 calendar day advance notice of layoff if the work period is to be
5 consecutive working days or less and the work is emergent in nature.
5) A status employee who is subject to layoff from a part-time position may
bump an employee in a full-time status position, providing the part-time
employee's equivalent full-time accrued seniority based on hours in pay
ILLINOIS REGISTER 18755
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
status is greater than that of the least senior employee in a full-time
position. A full-time status employee who is subject to layoff may bump
the least senior full-time employee, who then may bump the part-time
employee having the highest percent-time appointment, providing the full-
time employee has more accrued seniority.
6) Names of employees laid off during their probationary periods shall be
returned to the register from which they were certified to their position in
accordance with service in a status appointment earned as of the date of
layoff.
e) Disciplinary Suspension. An employer may suspend an employee as a
disciplinary measure for not more than 30 calendar days.
1) The employer shallwill discuss the specific problem pertaining to
contemplated suspension with the employee and the Human Resource
Director or his/her designee before a suspension notice is served. The
employee shallwill be told at that time that suspension is being considered.
2) In imposing a disciplinary suspension, the employer shall serve a written
suspension notice on the employee showing reason for the suspension, and
shall immediately report the suspension to the Executive Director and
shall send a copy of the notice served on the employee, along with proof
of service, to the Executive Director.
3) Causes justifying suspension, not for discharge as provided for in
subsection (f)(1)(21), shall include, but are not limited to: unauthorized
and unexcused absence; leaving work without authority; failure to
accurately record one's arrival for and/or departure from work;ring in or
out on time card; habitual lateness; recording another person's arrival for
and/or departure from work; falsification of documents;punching other
time cards; key duplication and/or unauthorized possession of keys;
misrepresentation of absence; falsification of records; refusal to do work
assigned; failure to follow work schedules; failure to follow time
schedules; rude, disrespectful, and/or unprofessional behavior;insolence;
failure to adhere to departmental regulations of appearance; smoking in
prohibited areas; disregard of safety regulations; careless workmanship
resulting in spoilage, waste, or delay; unauthorized use of institutional
ILLINOIS REGISTER 18756
20
STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
property; gambling on institutional property; creating or contributing to
unsanitary conditions; horseplay or scuffling; fighting; sleeping during
working hours; unauthorized visiting; failure to follow official university
policy and procedures; reporting to work with one's mental or physical
ability, alertness, or judgment impaired by substances and/or fatigue in a
way that makes it impracticable or unsafe to perform one's job duties; and
inability or failure to perform assigned duties in a competent and
satisfactory mannerand "loafing on the job".
AGENCY NOTE: It is to be noted that an employee's allegation that a
Disciplinary Suspension was unfairly imposed is subject to the grievance
procedure established by the employing institution, but is not reviewable
by the State Universities Civil Service System (University System).
f) Discharge Proceedings and Effective Date of Discharge
1) Reason for Discharge. Causes justifying discharge and any suspension
during the discharge proceedings shall include, but are not limited to:
A) all those listed as cause for suspension if they become recurring
offenses; and
B) theft; consuming intoxicating liquors or other illicit drugs on
institutional time or property; consuming intoxicating substances
resulting in mental impairment at work; malicious damage to
property, tools or equipment; inciting or instigating a physical
altercation, or continuing a physical altercation beyond immediate
self-defense; immoral or indecent conduct that violates common
decency or morality; conduct that is a clear departure from
ordinary standards of honesty, good morals, justice, or ethics so as
to cause shock to the moral sense of the community.
2) Pre-discharge Proceedings
A) Notification Procedures. Prior to initiating any proceedings before
the Merit Board for the discharge of an employee, the employer
shall notify the employee in writing, served upon the employee in
person if the employee is present on the job or, otherwise, by an
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NOTICE OF ADOPTED AMENDMENT
overnight delivery service that requires signature upon receipt to
the most recent address of the employee as shown on the
employer's records, and also by First Class U.S. Mail, of the
employer's intention to initiate the proceedings. The notification
shall advise the employee of the substance of the charges proposed
to be filed in sufficient detail to inform the employee of the nature
of the conduct on which the proposed charges are based. (Note: It
is the employee's responsibility to maintain a current mailing
address with his/her employer.) The notification shall also advise
the employee that either or both of the following options are
available to the employee:
i) within 3 work days after service of the employer's
notification, the employee may notify the employer of
his/her decision to require the employer to hold a
conference with the employee or his/her representative for
the purposes of responding to the matters contained in the
notification and of attempting to achieve a reconciliation or
understanding; and
ii) within 3 work days after service of notification, the
employee may deliver to the employer a written response to
the matters contained in the employer's notification;
provided that, if the employee elects to require the
conference identified in subsection (f)(2)(1)(A)(i), at that
conference the employee may request and receive an
opportunity to respond further in writing within 3 work
days after the conclusion of the conference.
B) Employer's Decision
i) Within 7 work days after compliance with the provisions of
subsection (f)(2)(1)(A), the employer shall either:
• notify the employee that no further action will be
taken to initiate discharge proceedings with the
Merit Board against the employee based solely on
the matters contained in the employer's notification;
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NOTICE OF ADOPTED AMENDMENT
or
• initiate proceedings before the Merit Board under
this subsection (f) seeking discharge of the
employee based solely on the matters contained in
the employer's notification.
ii) The employer's election not to initiate discharge
proceedings with the Merit Board shall not preclude the
employer from imposing a suspension in accordance with
subsection (e) or some lesser penalty.
C) Excused Absence with Pay. An employee who has been served
with an employer's notification as provided in subsection
(f)(2)(1)(A) may be placed on excused absence with pay during all
or any part of the period covered by this subsection (f)(2)(1) to
provide the employer an opportunity to investigate serious charges.
32) Actual Discharge Proceedings
A) Initiating Discharge Proceedings. Proceedings before the Merit
Board seeking the discharge of an employee shall be initiated by
the employer by completing and filing a Written Charges for
Discharge form with the Merit Board/University System,
employee, legal counsel for employer, and employer, setting forth
the causes for discharge in sufficient detail to inform the employee
of the nature of the conduct on which the charges are based. The
Written Charges for Discharge form shall be set forth in separately
numbered charges. Also, the employer shall develop and attach a
document that contains the dates, names of persons, places and
facts necessary to properly allege the cause for discharge. If a
breach of duty, statute or rule of the employer is alleged, the
statute, law or rule shall be cited in connection with the charge.
Any and all exhibits that the employer plans to present at the time
of the hearing shall be submitted in accordance with subsection
(f)(5)(E)(11)(B) or as appropriate to the circumstances. The
exhibits shall not be attached to the Written Charges for Discharge
form.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
B) Written Charges for Discharge. The Written Charges for
Discharge form shall be accompanied by a certification by the
employer that all procedures set forth in subsection (f)(2)(1) have
been followed and that there has been full compliance with any
options elected by the employee. At the time the Written Charges
for Discharge form and the certification are filed with the Merit
Board/University System office, the employer shall serve copies
upon the employee in person if the employee is present on the job;
otherwise, service shall be by an overnight delivery service that
requires signature upon receipt to the most recent address of the
employee as shown on the employer's records, and also by First
Class U.S. Mail. Thethe employer shall file proof of service with
the Merit Board/University System office.
C) Amended Written Charges for Discharge. At any time prior to
commencement of the hearing, the Executive Director may direct
or authorize the Written Charges for Discharge to be amended to
correct technical defects or to set forth additional facts or
allegations that clarifyrelated to the subject matter of the original
charges. The technical amendments shall relate back to the
original proof of service date of the Written Charges for Discharge
form. The employer shall serve copies of the Amended Written
Charges for Discharge form upon the employee in person if the
employee is present on the job; otherwise, service shall be by an
overnight delivery service that requires signature upon receipt to
the most recent address of the employee as shown on the
employer's records, and also by First Class U.S. Mail. Theand the
employer shall file proof of service on employee for Amended
Charges, on the form provided by the University System, with the
Secretary forwith the Merit Board/University System office.
Nothing in this subsection (f)(3)(C) shall change the timing
requirements in subsection (f)(5).
D) Suspension Without Pay. An employee who has been served with
Written Charges for Discharge in accordance with subsections
(f)(3)(2)(A) and (B) and/or (C) may be suspended without pay by
the employer during all or any part of the period that the discharge
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
proceeding is pending, and until final disposition, if the employer
is of the opinion that the employee's presence on the job might
constitute a substantial risk of injury to life or property, or might
cause a disruptive effect on employer's operations. Any
suspension without pay shall become effective on the date the
employer serves the Suspension Notice Pending Discharge upon
the employee, which may be served with the Written Charges for
Discharge or on any date thereafter. Service shall be upon the
employee in person if the employee is present on the job;
otherwise, service shall be by an overnight delivery service that
requires signature upon receipt to the most recent address of the
employee as shown on the employer's records, and also by First
Class U.S. Mail. Thethe employer shall file with the Merit
Board/University System office a copy of the Suspension Notice
Pending Discharge and proof of service.
4) Effective Date of Discharge When There Is No Request for Hearing. If
the employee does not file a written request for hearing with the Secretary
for the Merit Board within 15 calendar days from the date specified in the
"Proof of Service on Employee" section on the Written Charges for
Discharge form, the employee's discharge shall become effective at the
end of the 15-day period without further action by the Merit Board. The
Secretary for the Merit Board shall promptly notify the employer of the
employee's failure to file a timely written request for hearing.
53) Written Hearing Request/Timing of Parties' Actions
A) Written Request for Hearing. An employee who has been served
with Written Charges for Discharge may request a hearing by
filing a written request for hearing with the Secretary for the Merit
Board within 15 calendar days from the "Proof of Service on
Employee" section on the Written Charges for Discharge form that
is the date of either personal delivery or mailing of the Written
Charges for Discharge form to the employee. Any request for a
hearing must include a postal address and a telephone number
where the employee can be reached and where notices to the
employee under this subsection (f) shall be sent. If the employee
has a personal e-mail address at which the employee is willing to
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NOTICE OF ADOPTED AMENDMENT
accept notices under this subsection (f), the employee may also
provide that e-mail address. The employee shall notify the
Secretary for the Merit Board and the employer of any change to
this notice information. The Secretary for the Merit Board shall
immediately acknowledge receipt of the request for a hearing and
notify the employer that the employee has filed for a hearing.
Thereafter, further proceedings shall be as provided in this
subsection (f) and any discharge shall be effective on the date of
the discharge order of the Merit Board, unless otherwise expressly
stated in the order.
B) Requests for Document and Other Tangible Items. Any party may,
by written request, direct any other party to produce for inspection,
copying, reproduction, photographing, testing or sampling
specified documents, including electronically stored information,
objects, or tangible things, relevant to the Written Charges for
Discharge or the employee's defense to the charges.If the employee
does not file a written request for hearing with the Secretary for the
Merit Board within 15 calendar days from the date specified in the
"Proof of Service on Employee" section on the Written Charges for
Discharge form, the employee's discharge shall become effective at
the end of the 15-day period without further action by the Merit
Board. The Secretary for the Merit Board shall promptly notify the
employer of the employee's failure to file a timely written request
for hearing.
i) The request shall specify a reasonable time and place for
production or review of the requested items, no fewer than
10 calendar days prior to the scheduled hearing.
ii) A party directed to produce documents or other tangible
items that is unable to produce the requested items by the
date requested by the other party may file an objection or
request an extension of time to produce the requested items.
The objection or request for an extension of time shall be
sent to the Executive Director and shall state the cause of
the anticipated delay.
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iii) All written requests or objections under this subsection
(f)(5)(B) shall be served on the Secretary for the Merit
Board at the same time it is served on the other party.
iv) All actions taken under this subsection (f)(5)(B) shall be
taken as early as practicable and shall be taken in good
faith.
C) Evidence Depositions. Upon request to the Executive Director and
upon good cause shown (which shall include, but is not restricted
to, potential unavailability of a witness at the time the hearing is
scheduled, scheduling or travel arrangement considerations, or
agreement of the parties), any party may request a deposition of
any witness to be taken for evidence in a hearing. The use of this
provision shall be severely restricted, and designated as a "last
resort" option. If desired, subpoenas may be requested upon
application to the Executive Director in a manner consistent with
this Part. The deposition shall proceed in the manner provided by
law for depositions in civil actions in the circuit courts of the State
of Illinois.
D) Subpoenas. Requests for subpoenas shall be directed to the
Executive Director at least 5 calendar days before the scheduled
hearing, unless an exception is granted by the Executive Director.
Subpoena requests may be granted if reasonably designed to
produce or lead to the production of evidence related to the alleged
charges and the terms of compliance are reasonable given the time
frames and other circumstances. The party requesting the
subpoenas shall be responsible for service and costs related to the
subpoena of a witness. A subpoena may be served by personal
delivery of an executed original to the individual, or by leaving an
executed original at the individual's usual place of abode, with
some person of the family who is age 13 years or older, provided
the server also sends a copy of the subpoena, postage prepaid,
addressed to the individual at the individual's usual place of abode.
The fees of the witnesses for attendance and travel shall be the
same as the fees of witnesses before the circuit courts of the State
of Illinois. Subpoenas are effective throughout the course of the
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NOTICE OF ADOPTED AMENDMENT
proceedings. Requests for subpoenas must be submitted in writing
and include the following:
i) the name and address of the witnesses sought;
ii) any specific documents the witnesses will be required to
bring; and
iii) a brief statement of the relevant facts or testimony that the
witnesses will be providing.
E) Witness and Document Lists and Documents for Hearing
i) At least 5 calendar days prior to the hearing, each party
shall serve upon the other party and file a copy with the
Secretary for the Merit Board, to be submitted to the
Hearing Board or Hearing Officer, the following
information, to the extent available at that time:
a list of the names and addresses of the witnesses
the party proposes to call in its case-in-chief; and
all documents the party proposes to offer in its case-
in-chief.
ii) Each party shall bring to the hearing 4 identical copies of
each document the party proposes to use at the hearing.
F) Commencement of Discharge Hearing. The Executive Director,
the Hearing Board or Hearing Officer, the employee and the
employer shall all make good faith efforts to commence the
hearing within 10 calendar days after receipt of the employee's
written request for hearing, but in no event shall the hearing
commence later than 45 days after service of the Written Charges
for Discharge, unless a continuance is granted pursuant to
subsection (f)(15)(B). Dilatory tactics or actions will not be
permitted and the Executive Director, the Hearing Board or
Hearing Officer, the employee and the employer shall all make
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
good faith efforts to conduct the hearings in no more than 3
hearing days, unless justice, due process, and fundamental fairness
require otherwise.
64) Hearing Proceedings
A) Appointment of Hearing Board or Hearing Officer. Upon receipt
of the employee's written request for hearing on the Written
Charges for Discharge, the Merit Board/University System office
shall promptly appoint a Hearing Board or Hearing Officer to hear
the charges and the employee's response. All hearings relating to
discharge proceedings shall be convened by and conducted under
the control of the Executive Director or his/her authorized
representative. The Executive Director, the Hearing Board or
Hearing Officer, the employee and the employer shall all make
good faith efforts to commence the hearing within 10 calendar
days after receipt of the employee's written request for hearing, but
in no event shall the hearing commence later than 45 days after
service of the Written Charges for Discharge, unless a continuance
is granted pursuant to subsection (f)(20)(B). Dilatory tactics or
actions will not be permitted and the Executive Director, the
Hearing Board or Hearing Officer, the employee and the employer
shall all make good faith efforts to conduct the hearings in no more
than 3 hearing days, unless justice, due process, and fundamental
fairness require otherwise. All hearings shall be open to the public
unless, upon motion of either party, the Hearing Board or Hearing
Officer finds it necessary to close the hearing or parts of the
hearing in instances where personal safety is of concern or when
confidential testimony/exhibits are to be referenced or revealed.
There shall be a presumption that hearings will be closed only
under extraordinary circumstances. A transcript of the hearing,
including exhibits, shall be made and shall be filed with the
Secretary for the Merit Board as soon as possible following the
conclusion of the hearing.
B) Disqualification of Assigned Hearing Board or Hearing Officer. A
Hearing Board or Hearing Officer may be disqualified on grounds
of bias or conflict of interest. An adverse ruling, or the fact that a
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NOTICE OF ADOPTED AMENDMENT
Hearing Board or Hearing Officer has had contact with the
University System, by itself, shall not constitute bias or conflict of
interest.Within 15 calendar days after receipt of the transcript from
the Secretary for the Merit Board, the Hearing Board or Hearing
Officer shall file its findings of fact and any other
recommendations with the Secretary for the Merit Board, unless
that time is extended by the Executive Director for good cause
shown. For the purpose of this Section, good cause shall include,
but not be limited to: sickness, attendance at court proceedings,
death, weather conditions that prevent the members from meeting.
If by that time the findings of fact have not been received by the
Secretary for the Merit Board, the Executive Director will either
appoint another approved Hearing Board or Hearing Officer that
will then review the record and submit findings of fact within 10
calendar days after the appointment, or the Executive Director will
give written notice to all Hearing Board members or the Hearing
Officer and to all parties to the proceeding that he or she will,
within 10 calendar days, discontinue the hearing and commence a
new hearing and the present Hearing Board or Hearing Officer will
be dismissed without pay. Within this 10-day period following the
Executive Director's notice, the Hearing Board or Hearing Officer
can appeal to the Executive Director by showing cause why time
should be extended.
i) Disclosing a Potential Conflict of Interest. The Hearing
Board or Hearing Officer shall communicate with the
Secretary for the Merit Board and all parties immediately
upon suspecting that the Hearing Board or Hearing Officer
may have a conflict of interest.
ii) Whenever any party believes a Hearing Board or Hearing
Officer should be disqualified from conducting an assigned
proceeding, that party may file a request with the Executive
Director to disqualify the Hearing Board or Hearing
Officer, setting forth by affidavit the alleged grounds for
disqualification, with proof of service on all parties. The
Executive Director shall rule and make the final
determination on all requests for disqualification.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
iii) The Executive Director, on his/her own motion, may
disqualify a Hearing Board or Hearing Officer if the
Hearing Board or Hearing Officer has deviated from, or
failed to comply with, this subsection (f), and such
disqualification, in the judgment of the Executive Director,
is required for justice, due process, and fundamental
fairness.
iv) Upon the disqualification of any Hearing Board or Hearing
Officer under this subsection (f)(6)(B), a new Hearing
Board or Hearing Officer shall be appointed by the Merit
Board or by the Executive Director. If the hearing has
already been convened, the parties of record shall be
notified of the disqualification and the appointment of a
new Hearing Board or Hearing Officer. The Executive
Director shall make all other such orders as required for
justice, due process, and fundamental fairness.
C) Role and Responsibilities of the Hearing Board or Hearing Officer.
The Hearing Board or Hearing Officer shall be responsible for the
following activities:The Executive Director shall certify as the
Hearing Record the Written Charges for Discharge, the Suspension
Notice Pending Discharge, the employee's request for hearing, the
transcript and exhibits, the Hearing Board's or Hearing Officer's
findings of fact and other recommendations, and other documents
that have been filed.
i) conduct the pre-hearing conference;
ii) facilitate the timely completion of the hearing process,
taking necessary steps to avoid delay;
iii) establish reasonable limits on the duration of witness
testimony;
iv) limit repetitive or cumulative testimony;
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
v) rule on motions, objections or evidentiary questions;
vi) hear evidence as presented at the hearing by the employer
and the employee on behalf of their respective positions
(the evidence may include matters in aggravation,
mitigation and justification, which may pertain to the
question of "just cause" for discharge);
vii) direct questions to witnesses at any time, but restrict
questioning to the clarification of the testimony already
presented;
viii) prepare and transmit to the Merit Board a signed findings
of fact within 15 calendar days after receipt of the transcript
and exhibits of the hearing proceedings. The findings of
fact shall set forth each of the written charges alleged in the
Written Charges for Discharge, including an evaluation of
the facts presented by the employer and employee with
respect to each charge, and based on this evaluation, a
determination as to whether the charges are sufficiently
supported by the evidence presented. The findings of fact
shall be based exclusively on the evidence and on matters
officially noticed. The findings of fact presented by the
Hearing Board or Hearing Officer are advisory only to the
Merit Board. It is not the role of the Hearing Board or
Hearing Officer to determine whether just cause for
discharge exists. The determination of just cause is the sole
province of the Merit Board; and
ix) enter any order that further carries out the purpose of this
subsection (f)(6)(C).
D) Ex Parte CommunicationsUpon certification by the Executive
Director, the Secretary for the Merit Board shall, by an overnight
delivery service that requires signature upon receipt, immediately
forward a copy of the Hearing Record, along with notice that the
Hearing Record has been certified, to all parties of record. Any
objections to the form or contents of the Hearing Record, or briefs,
ILLINOIS REGISTER 18768
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
abstracts, or excerpts from the Hearing Record, or arguments,
motions, or recommendations, relating to the hearing proceedings
or the Hearing Record, or requests for further hearing or for
permission to supplement further the Hearing Record by other
evidence, must be filed with the Secretary for the Merit Board
within 14 calendar days after the date of the overnight delivery
service that the Hearing Record has been certified, with proof of
service on all parties. No answer or reply briefs and arguments in
response to these filings will be permitted unless expressly
authorized by the Executive Director or the Merit Board or its
Chair.
i) Except in the disposition of matters authorized by law to
entertain or dispose of on an ex parte basis, the Merit
Board, the Executive Director, employees of the University
System, and the assigned Hearing Board or Hearing Officer
shall not, after the Notice of Convening of Hearing has
been issued to the parties of record, communicate, directly
or indirectly, with any party or the party's representative
regarding any issue of fact or with any person or party in
connection with any other issue regarding the case, except
upon notice and opportunity for all parties to participate.
However, the Merit Board, the Executive Director,
employees of the University System, and the Hearing
Board or Hearing Officer may communicate with each
other. Also, members of the Merit Board and the Hearing
Board or Hearing Officer may have the aid and advice of
one or more personal assistants.
ii) Neither party shall make direct contact with the Hearing
Board or Hearing Officer in any manner or for any purpose
after the Notice of Convening of Hearing has been issued to
the parties of record.
iii) Communications regarding procedure, including
interpretation and application of Section 36o of the Act,
subsection (f), and related procedures, are not considered
ex parte communications.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
E) Open Hearings. All hearings shall be open to the public unless,
upon motion of either party, the Hearing Board or Hearing Officer
finds it necessary to close the hearing or parts of the hearing in
instances in which personal safety is of concern or when
confidential testimony/exhibits are to be referenced or revealed.
There shall be presumption that hearings will be closed only under
extraordinary circumstances.A party requesting oral argument
before the Merit Board in cases of discharge must file an
appropriate motion with the Secretary for the Merit Board with
notice to all parties within 14 calendar days after the date of the
overnight delivery service of the certified Hearing Record, with
proof of service on all parties. The motion must specifically state
the issues and any relevant law that will be the subject of
argument. The Merit Board will grant or deny the motion at the
Merit Board meeting at which oral argument is requested. Oral
argument in cases of discharge will generally not be allowed unless
novel or precedent setting questions of law or policy are at issue.
F) Transcript of Hearing. A transcript of the hearing, including
exhibits, shall be made and shall be filed with the Secretary for the
Merit Board as soon as possible following the conclusion of the
hearing. Transcripts and exhibits will be provided by the Secretary
for the Merit Board to all parties simultaneously. No party may
request or obtain a copy of the transcript or exhibits of the hearing
from the court reporter or any other source. If a party or his/her
representative receives the transcript or exhibits of the hearing
from any source other than the Secretary for the Merit Board, the
party shall immediately send, without first having read the
transcript or exhibits and without retaining any copy, to the
Secretary for the Merit Board.
G) Findings of Fact by the Hearing Board or Hearing Officer. Within
15 calendar days after receipt of the transcript and exhibits from
the Secretary for the Merit Board, the Hearing Board or Hearing
Officer shall file its findings of fact and any other
recommendations with the Secretary for the Merit Board, unless
that time is extended by the Executive Director for good cause
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
shown. For the purpose of this subsection (f)(6)(G), good cause
shall include, but not be limited to: sickness, attendance at court
proceedings, death, weather conditions that prevent the members
of the Hearing Board from meeting.
H) Failure of Hearing Board or Hearing Officer to Submit Findings of
Fact. If, by 15 calendar days after receipt of the transcript and
exhibits from the Secretary for the Merit Board, the findings of fact
have not been received by the Secretary for the Merit Board, the
Executive Director shall either appoint another approved Hearing
Board or Hearing Officer that shall then review the record and
submit findings of fact within 10 calendar days after the
appointment, or the Executive Director shall give written notice to
the Hearing Board or Hearing Officer and to all parties to the
proceeding that he/she will, within 10 calendar days, discontinue
the hearing and commence a new hearing and that the present
Hearing Board or Hearing Officer will be dismissed without pay.
Within this 10-day period following the Executive Director's
notice, the Hearing Board or Hearing Officer can appeal to the
Executive Director by showing cause why time should be
extended.
I) Certification of Hearing Record. The Executive Director shall
certify as the Hearing Record the Written Charges for Discharge,
the Suspension Notice Pending Discharge, the employee's request
for hearing, the transcript and exhibits, the Hearing Board's or
Hearing Officer's findings of fact and other recommendations, and
other documents that have been filed. Upon certification by the
Executive Director, the Secretary for the Merit Board shall, by an
overnight delivery service that requires signature upon receipt,
immediately forward a copy of the Hearing Record, along with
notice that the Hearing Record has been certified, to all parties of
record.
J) Objections to Hearing Record. Any objections to the form or
contents of the Hearing Record, or briefs, abstracts, or excerpts
from the Hearing Record, or arguments, motions, or
recommendations, relating to the hearing proceedings or the
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
Hearing Record, or requests for further hearing or for permission
to supplement further the Hearing Record by other evidence, must
be filed with the Secretary for the Merit Board within 14 calendar
days after the date of the overnight delivery service that the
Hearing Record has been certified, with proof of service on all
parties. If such an objection is made, the non-objecting party may
file an answer to the objection with the Secretary for the Merit
Board within 14 calendar days after the date of the overnight
delivery service of the Objection, with proof of service on all
parties. No further briefs and/or arguments in response to these
filings will be permitted unless expressly authorized by the
Executive Director or the Merit Board or its Chair.
75) Conduct of Hearing
A) Pre-hearing Conference. In all hearings, it is recommended that
the Hearing Board or Hearing Officer hold a pre-hearing
conference immediately preceding the hearing on the first day of
the hearing. The Hearing Board or Hearing Officer shallwill give
the parties an opportunity to discuss issues and share information
at the pre-hearing conference that will allow them to present their
cases in a fair, efficient, and timely manner. Generally, the
Hearing Board or Hearing Officer shallwill conduct the pre-
hearing conference for the purpose of achieving one or more of the
following points, as determined by the Hearing Board or Hearing
Officer on a case by case basis:
i) defining and simplification of the issues;
ii) negotiating admissions or stipulations of fact to avoid
unnecessary proof;
iii) reviewing each party's witness and exhibit list;
iv) limiting redundant witness testimony or duplication of
evidentiary material, if necessary;
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
v) determining the length of time each party will need to
present its case;
vi) exchanging exhibits; and
vii) discussing any matter that may aid in the efficient and
timely disposition of the case; and.
viii) work with each party to determine if a settlement
agreement can be achieved. If a settlement is reached
during the pre-hearing conference, the hearing shall be
formally convened and the parameters of the settlement
agreement shall be entered into the record in written form
or by testimony/statement and agreement by each party.
B) Length ofFollowing the Pre-hearing Conference. The length and
scope of the pre-hearing conference is at the discretion of the
Hearing Board or Hearing Officer, but should generally be
conducted with a one hour timeframe.Hearing Board or Hearing
Officer shall enter into the record any action taken and any
agreements made by the parties as to the matters considered. The
length and scope of the pre-hearing conference is at the discretion
of the Hearing Board or Hearing Officer, but should generally be
concluded within a one hour timeframe.
8) Evidence and Motions
A) Admissibility of Evidence
i) As a general matter, the rules of evidence and privilege as
applied in civil cases in the circuit courts of the State of
Illinois shall be followed. However, evidence not
admissible under those rules may be admitted (except when
precluded by statute) if it is of a type commonly relied
upon by reasonably prudent persons in the investigation
and conduct of serious matters of this nature. Irrelevant,
immaterial, or unduly repetitious evidence shall be
excluded.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
ii) Consistent with these requirements and in order to expedite
the hearing, any part of the evidence may be received in
written form, provided the interests of the parties are not
jeopardized.
iii) Performance records of the employee or past disciplinary
records are admissible and relevant for the purpose of
mitigation or aggravation, except if otherwise excluded by
a local employer policy or collective bargaining agreement.
B) Oath or Affirmation. All testimony shall be presented under oath
or affirmation.
C) Objections. Objections to testimony or evidentiary offers shall be
noted in the record.
D) Standard of Proof. The standard of proof applied by the Hearing
Board or Hearing Officer when evaluating the charges will be the
preponderance of the evidence.
E) Notice Taken by Hearing Board or Hearing Officer. The Hearing
Board or Hearing Officer may, on its own motion or upon motion
of one of the parties, take notice of matters of which the circuit
courts of the State of Illinois take judicial notice.
F) Non-Dispositive Motions. The Hearing Board or Hearing Officer
has the authority to rule on all motions that do not dispose of the
proceedings. Examples of motions that can be ruled on by the
Hearing Board or Hearing Officer are motions in limine or motions
to suppress evidence. Motions directed at the Hearing Board or
Hearing Officer shall be presented at the pre-hearing conference, if
possible, and actions taken by the Hearing Board or Hearing
Officer shall be entered into the record.
G) Dispositive Motions. Motions that dispose of the proceedings
must be directed to the Merit Board. Examples of motions that are
to be directed to the Merit Board are motions to dismiss, motions
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to decide a proceeding on the merits, or motions claiming lack of
jurisdiction. Motions must be filed with the Secretary for the Merit
Board within 14 calendar days after the date of the overnight
delivery service of the certified Hearing Record. Motions will be
ruled on by the Merit Board at the Merit Board meeting in which
the case is being considered. The filing of a motion of this nature
shall not be allowed to cause any delay in the proceedings.
96) Order of Hearing
A) Convening of Hearing. All hearings shall be convened by and
under the control of theThe Executive Director, or authorized
representative, shall open and convene the hearing.
B) Recording of Pre-hearing Conference Information. The Hearing
Board or Hearing Officer shall enter into the record any action
taken and any agreements made by the parties as to the matters
considered.
C) Excluding Witnesses from Hearing Room. The Executive
Director, or authorized representative, shall request all persons
who have been asked to serve as witnesses, other than a party or
employer representative, to be excluded from the hearing room
while the hearing is in process, except during their own testimony
and cross-examination. Except as he/she might intervene, or be
requested to intervene, the Executive Director, or authorized
representative, shall empower the Hearing Board or Hearing
Officer to proceed with the hearing in such a manner as to provide
the employer and the employee a full opportunity to present their
positions to the Hearing Board or Hearing Officer.
DC) Stipulations. Parties may agree by stipulation upon any facts
involved in the hearing. The facts stipulated shall be considered as
evidence in the hearing. It is the policy of the Merit Board to
encourage stipulation of facts whenever practicable.
E) Opening Statements. The parties may make a brief opening
statement at the beginning of the hearing. The employer shallwill
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NOTICE OF ADOPTED AMENDMENT
proceed first, followed by the employee. Opening statements may
be waived or may be reserved and presented at the commencement
of the party's case-in-chief.
FD) Employer's Case. The employer shall first present its case-in-
chief, with an opportunity for the employee to cross-examine the
employer's witnesses. The employee may be called as an adverse
witness during the course of the hearing.
GE) Employee's Case. The employee shall then present his/her case-in-
chief, with an opportunity for the employer to cross-examine the
employee's witnesses.
HF) Rebuttal. Each party may call rebuttal witnesses if found to be
necessary by the Hearing Board or Hearing Officer.
IG) Closing Arguments. After both parties have concluded the
presentation of their case, the Hearing Board or Hearing Officer
may call for a break in the proceedings for up to 30 minutes to
allowAt the conclusion of the hearing, each party tomay make final
preparations of theiran oral closing argument. After any such
break, the parties may make an oral closing argument. The
employer shall proceed first, followed by the employee. The
employer shallmay be permitted a brief rebuttal at the end of the
employee's closing argument.
JH) Closing the Hearing. The hearing shall be closed when the
employer and the employee have had a fair and reasonable
opportunity to present their positions to the Hearing Board or
Hearing Officer.
K) Motion for Permission to Make Oral Argument. Oral argument is
reserved for presentation of extraordinary matters regarding the
discharge case. A party desiring to present oral argument before
the Merit Board in cases of discharge must file a Motion to Make
Oral Argument with the Secretary for the Merit Board within 14
calendar days after the date of the overnight delivery service of the
certified Hearing Record, with proof of service on all parties. The
ILLINOIS REGISTER 18776
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
Motion must specifically state the extraordinary issues to be
presented, any relevant law, and a synopsis of the argument to be
presented. Any Motions without the required information shall not
be considered by the Merit Board. The Merit Board will decide
whether to grant the Motion for Permission to Make Oral
Argument at the same meeting where the case is to be decided.
Oral Argument shall not be intended to be a recitation or summary
of either party's case as presented at the hearing. The Merit
Board's chair has the authority to halt or redirect either party's oral
argument as circumstances warrant.
I) In addition, each party may submit written arguments, summary
statements, and/or briefs within 10 calendar days after conclusion
of the hearing. A copy of the written closing arguments must be
provided to all parties of record and filed with the Executive
Director, with proof of service included. Only written materials
submitted within the 10 calendar day timeframe will be forwarded
with the transcript of evidence and exhibits and considered by the
Hearing Board or Hearing Officer, unless otherwise extended by
the Executive Director.
7) Evidence and Motions
A) As a general matter, the rules of evidence and privilege as applied
in civil cases in the circuit courts of the State of Illinois shall be
followed. However, evidence not admissible under those rules
may be admitted (except where precluded by statute) if it is of a
type commonly relied upon by reasonably prudent persons in the
investigation and conduct of serious matters of this nature.
Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded.
B) All testimony shall be presented under oath or affirmation.
Objections to testimony or evidentiary offers shall be noted in the
record. Consistent with these requirements and in order to
expedite the hearing, any part of the evidence may be received in
written form, provided the interests of the parties are not
jeopardized.
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NOTICE OF ADOPTED AMENDMENT
C) The standard of proof applied by the Hearing Board or Hearing
Officer when evaluating the charges will be the preponderance of
the evidence.
D) The Hearing Board or Hearing Officer may, on its own motion or
upon motion of one of the parties, take notice of matters of which
the circuit courts of the State of Illinois take judicial notice.
E) The Hearing Board or Hearing Officer has the authority to rule on
all motions that do not dispose of the proceedings. Examples of
motions that can be ruled on by the Hearing Board or Hearing
Officer are motions in limine or motions to suppress evidence.
Motions directed at the Hearing Board or Hearing Officer shall be
presented at the pre-hearing conference, if possible, and actions
taken by the Hearing Board or Hearing Officer shall be entered
into the record.
F) Motions that dispose of the proceedings must be directed to the
Merit Board. Examples of motions that are to be directed to the
Merit Board are motions to dismiss, motions to decide a
proceeding on the merits, or motions claiming lack of jurisdiction.
Motions must be filed with the Secretary for the Merit Board
within 14 calendar days after the date of the overnight delivery
service of the certified Hearing Record. Motions will be ruled on
by the Merit Board at the Merit Board meeting in which the case is
being considered. The filing of a motion of this nature shall not be
allowed to cause any delay in the proceedings.
G) Performance records of the employee or past disciplinary records
are admissible and relevant for the purpose of mitigation or
aggravation, except if otherwise excluded by a local employer
policy or collective bargaining agreement.
8) Stipulations. Parties may agree by stipulation upon any facts involved in
the hearing. The facts stipulated shall be considered as evidence in the
hearing. It is the policy of the Merit Board to encourage stipulation of
facts whenever practicable.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
9) Evidence Depositions. Upon request to the Executive Director and upon
good cause shown (which shall include, but is not restricted to, potential
unavailability of a witness at the time the hearing is scheduled, scheduling
or travel arrangement considerations, or agreement of the parties) any
party may request a deposition of any witness to be taken for evidence in a
hearing. If desired, subpoenas may be requested upon application to the
Executive Director in a manner consistent with this Part. The deposition
shall proceed in the manner provided by law for depositions in civil
actions in the circuit courts of the State of Illinois.
10) Subpoenas. Requests for subpoenas shall be directed to the Executive
Director at least 5 work days before the scheduled hearing, unless an
exception is granted by the Executive Director. Subpoena requests may be
granted if reasonably designed to produce or lead to the production of
evidence related to the alleged charges and the terms of compliance are
reasonable given the time frames and other circumstances. The party
requesting the subpoenas shall be responsible for service and costs related
to the subpoena of a witness. A subpoena may be served by personal
delivery of an executed original to the individual, or by leaving an
executed original at the individual's usual place of abode, with some
person of the family who is age 13 years or older, provided the server also
sends a copy of the subpoena, postage prepaid, addressed to the individual
at the individual's usual place of abode. The fees of the witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts of the State of Illinois. Subpoenas are effective throughout
the course of the proceedings. Requests for subpoenas must be submitted
in writing and include the following:
A) The name and address of the witnesses sought;
B) Any specific documents the witnesses will be required to bring;
and
C) A brief statement of the relevant facts or testimony that the
witnesses will be providing.
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
11) Request for Documents. At least 3 working days prior to the hearing, each
party shall serve upon the other party and file a copy with the Secretary for
the Merit Board, to be submitted to the Hearing Board or Hearing Officer,
the following information, to the extent available at that time:
A) A list of the names and addresses of the witnesses the party
proposes to call; and
B) All documents the party proposes to offer in its case-in-chief.
1012) Failure to Appear. Failure of a party to appear on the date set for hearing
may result in findings of fact unfavorable to that party and may result in a
loss of rights by default.
A) Failure to Appear by Employee
i) A Notice of Convening of Hearing will be sent to all parties
of record confirming the date, time and place of the
hearing. If an employee or his/her representative is not
present on the designated hearing date, the Executive
Director or authorized representative shallemployer will try
to make reasonable contact with the employee or his/her
representative immediately. If, within a reasonable time on
the hearing date, the Executive Director or authorized
representativeemployer is unable to contact the employee,
the hearing will commence.
ii) The Executive Director or his/her authorized representative
shallwill commence the hearing with an opening statement.
At the conclusion of the opening statement, if the employee
or his/her representative has still failed to appear, the
hearing will be suspended for 3 work days. During this 3
work day period, the Executive Director or his/her
authorized representative shallwill try to make contact with
the employee or his/her representative using the last known
address, phone, e-mail or any similar method as shown on
the employee's request for a hearingWritten Charges for
Discharge form.
ILLINOIS REGISTER 18780
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
iii) If the employee or his/her representative cannot be reached
within 3 work days or if the employee is unable to produce
a reasonable explanation for failure to attend the hearing,
the hearing will be closed and the employee's discharge
shall become effective at the end of the 15-day period of
the date on the Proof of Service on Employee, as found on
the Written Charges for Discharge form, without further
action by the Merit Board. The Merit Board/University
System office shall notify the parties of record immediately
of the action.
iv) If the employee or his/her representative has a reasonable
explanation for not attending the hearing, the Executive
Director or his/her authorized representative shall schedule
a new hearing date. A new Notice of Convening of
Hearing will be issued to the parties of record and the
Executive Director or his/her authorized representative
shallwill appoint either the same Hearing Board or Hearing
Officer or appoint a new Hearing Board or Hearing Officer
to conduct the hearing.
v) Reasonable explanations can include, but are not limited to:
injury on the day or preceding day of the scheduled
hearing, traffic accident, death or significant injury of a
family member, or other cause that is deemed reasonable
by the Executive Director or his/her authorized
representative. In any event, the employee is required to
demonstrate that there was reasonable effort made to
contact the employer or the Merit Board/University System
office.
B) Failure to Appear by Employer. If the employer's representative
employer fails to appear at the hearing and cannot be reached by
the end of the next business day, or if the employer is unable to
produce a reasonable explanation for failure to attend the hearing,
the hearing will be closed andwithout reasonable cause, as
determined by the Executive Director or his/her authorized
ILLINOIS REGISTER 18781
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
representative, the employee will be reinstated to his/her position
without loss of compensation as of the Proof of Service on
Employee date on the Written Charges for Discharge form.
C) Reasonable Explanations. Reasonable explanations can include,
but are not limited to: injury on the day or preceding day of the
scheduled hearing, traffic accident, death or significant injury of a
family member, or other cause that is deemed reasonable by the
Executive Director or authorized representative. In any event, the
party that failed to appear is required to demonstrate that there was
reasonable effort made to contact the Merit Board/University
System office.
13) Disqualification of Assigned Hearing Board or Hearing Officer. A
Hearing Board or Hearing Officer may be disqualified on grounds of bias
or conflict of interest. An adverse ruling, or the fact that a Hearing Board
or Hearing Officer has had contact with the University System, by itself,
shall not constitute bias or conflict of interest. Whenever any party
believes a Hearing Board or Hearing Officer should be disqualified from
conducting an assigned proceeding, that party may file a request with the
Executive Director to disqualify the Hearing Board or Hearing Officer,
setting forth by affidavit the alleged grounds for disqualification, with
proof of service on all parties. The Executive Director shall rule and make
the final determination on all requests for disqualification.
14) Ex Parte Communications
A) Except in the disposition of matters they are authorized by law to
entertain or dispose of on an ex parte basis, the Merit Board, the
Executive Director, employees of the University System Office,
and the assigned Hearing Board or Hearing Officer shall not, after
the Notice of Convening of Hearing has been issued to the parties
of record, communicate, directly or indirectly, with any party or
the party's representative regarding any issue of fact or with any
person or party in connection with any other issue regarding the
case, except upon notice and opportunity for all parties to
participate. However, the Merit Board, the Executive Director,
employees of the University System, and the Hearing Board or
ILLINOIS REGISTER 18782
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
Hearing Officer may communicate with each other. Also,
members of the Merit Board and the Hearing Board or Hearing
Officer may have the aid and advice of one or more personal
assistants.
B) Communications regarding procedure, including interpretation and
application of Section 36o of the Act, subsection (f), and related
procedures, are not considered ex parte communications.
15) Role and Responsibilities of the Hearing Board or Hearing Officer. The
Hearing Board or Hearing Officer shall be responsible for the following
activities:
A) Conduct the pre-hearing conference;
B) Facilitate the timely completion of the hearing process, taking
necessary steps to avoid delay;
C) Establish reasonable limits on the duration of witness testimony;
D) Limit repetitive or cumulative testimony;
E) Rule on motions, objections or evidentiary questions;
F) Hear evidence as presented at the hearing by the employer and the
employee on behalf of their respective positions (the evidence may
include matters in aggravation, mitigation and justification, which
may pertain to the question of "just cause" for discharge);
G) Direct questions to witnesses at any time, but restrict questioning
to the clarification of the testimony already presented;
H) Prepare and transmit to the Merit Board a signed findings of fact
within 15 calendar days after receipt of the transcript and exhibits
of the hearing proceedings. The findings of fact shall set forth
each of the written charges alleged in the Written Charges for
Discharge, including an evaluation of the facts presented by the
employer and employee with respect to each charge, and based on
ILLINOIS REGISTER 18783
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NOTICE OF ADOPTED AMENDMENT
this evaluation, a determination as to whether the charges are
sufficiently supported by the evidence presented. The findings of
fact shall be based exclusively on the evidence and on matters
officially noticed. The findings of fact presented by the Hearing
Board or Hearing Officer are advisory only to the Merit Board. It
is not the role of the Hearing Board or Hearing Officer to
determine whether just cause for discharge exists. The
determination of just cause is the sole province of the Merit Board;
and
I) Enter any order that further carries out the purpose of this Section.
1116) Settlement Agreements. Following the request for a hearing by the
employee set forth in subsection (f)(5)(3)(A), the employer and the
employee may enter into a settlement agreementSettlement Agreement
that may include a suspension of no more than 120 calendar days. Such a
suspension is only permissible if the employer files with the Secretary for
the Merit Board the terms of that suspension, which must include a signed
waiver of the rights provided by Section 36o of the Act. The employer is
otherwise limited to a suspension of no more than 30 calendar days as set
forth in subsection (e).
1217) Final Decision of the Merit Board. In the course of reaching its decision,
the Merit Board may request the Executive Director to make
recommendations that he/she deems appropriate with respect to the
discharge proceedings. Nothing in this subsection (f)(12)(17) is intended
to eliminate or limit the Merit Board's discretion to determine the
appropriate disposition on a case-by-case basis. The Merit Board shall
enter findings of fact and shall order the following decision and order or
any other decision and order it deems appropriate:
A) Discharge, if just cause is found to exist. No employee shall be
discharged except for just cause. Just cause is defined as some
substantial shortcoming that renders the employee's continuance in
his/her position in some way detrimental to the discipline and
efficiency of the service and that the law and sound public opinion
recognize as good cause for the employee no longer holding the
position; or
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NOTICE OF ADOPTED AMENDMENT
B) Reinstatement, if just cause for discharge is found not to exist. An
employee shall be reinstated as follows:
i) Reinstatement with no loss of compensation when none or
few of the significant charges are proven and/or when the
proven charges do not justify disciplinary action.
ii) Reinstatement with an unpaid suspension of a minimum of
3 calendar days to a maximum of 120 calendar days when
the proven charges do not rise to the level of just cause for
discharge, but some disciplinary action is justified based on
the severity of the proven charges. If the Merit Board
orders reinstatement with a suspension, any time served
while on suspension pending discharge shallwill be applied
towards the fulfillment of the suspension. The Merit Board
shall not order a reinstatement with a suspension past the
day of the action taken by the Merit Board.
1318) Final Decision and Order of the Merit Board. The Secretary for the Merit
Board shall immediately forward copies of all Merit Board orders to the
employer and the employee by an overnight delivery service that requires
signature upon receipt. The employer is required to enact the Decision
and Order of the Merit Board in a timely manner. No later than 14
calendar days after the date that a copy of the final Notice of Decision and
Order of the Merit Board has been served upon the parties, any employee
who has been reinstated, as provide in subsection (f)(12)(B), shall be
returned to pay status. The employer shall take all other required actions
to enact the Decision and Order of the Merit Board within 30 days after
the serving of the Notice of Decision and Order of the Merit Board.
1419) Administrative Review. All final decisions of the Merit Board shall be
subject to appeal by the parties to the proceedings under the
Administrative Review Law [735 ILCS 5/Art. III]. A complaint for
administrative review must be filed and summons issued within 35 days
after the date that a copy of the final Merit Board decision has been served
upon the party affected. A final decision of the Merit Board shall be
deemed served either when personally delivered or when deposited in the
United States mail in a sealed envelope or package, with postage paid,
ILLINOIS REGISTER 18785
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
addressed to the party affected by the decision at his/her last known
residence or place of business.
1520) Time Periods forPeriod Proceedings
A) Requests for Extensions. On the motion of either party with notice
to the other party, or by independent action of the Chair of the
Merit Board or the Executive Director communicated to both
parties, any time period set forth in this subsection (f) may be
extended by the Chair of the Merit Board or by the Executive
Director for good cause shown. The Executive Director, in his/her
discretion, may grant an extension by written agreement of the
parties.
B) Extensions to be Granted by Executive Director. No extension
may be beyond a period established by statute, except for cases in
which a written motion for continuance of a scheduled hearing is
filed with the Secretary for the Merit Board at least 48 hours prior
to the time scheduled for hearing, unless an exception is granted by
the Executive Director. The moving party must set forth
emergency grounds for a continuance, which are limited to
unforeseen, unavoidable or uncontrollable circumstances, such as
an Act of God; the sudden illness or death of the movant, a
member of his/herhis or her immediate family, or his/her legal
counsel; or if the movant is able to demonstrate some other real
and compelling need for additional time. If there is an arrest or
criminal indictment of any employee that resulted from an
employee's conduct in the course of employment duties, the
Executive Director, at the request of the employee, may grant a
continuance of hearing pending some resolution of the criminal
charges. Requests for continuances must be preceded by
contacting the opposing party and asking for agreement to the
continuance.
C) Deadlines That May Be Extended. The time periods set forth in
this subsection (f), except for the 15-day period set forth in
subsection (f)(5)(3)(B) and except for any time period provided for
seeking administrative review of a final decision of the Merit
ILLINOIS REGISTER 18786
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
Board, shall be deemed directory and not mandatory; and no
failure to comply with any of the time periods set forth in this
subsection (f), except for the 15-day period set forth in subsection
(f)(5)(3)(B) of this Section and except for any time period provided
for seeking administrative review of a final decision of the Merit
Board, shall cause the Merit Board to lose jurisdiction of any
matter.
D) Weekends and Holiday. If the last date for filing falls on a
weekend or legal holiday, the last date for filing is the first
business day following that weekend or legal holiday.
21) Reason for Discharge. Causes justifying discharge and any suspension
during the discharge proceedings shall include, but are not limited to: all
those listed as cause for suspension if they become recurring offenses;
and, in addition, theft; drinking intoxicating liquors on institutional time or
property; inability to perform satisfactorily assigned duties as a result of
drinking alcoholic beverages; malicious damage to property, tools or
equipment; immoral or indecent conduct that violates common decency or
morality; conviction of an offense involving moral turpitude; illegal or
excessive use of drugs, narcotics and/or intoxicants.
1622) Hearing Expenses.
A) Employer Expenses. All customary and reasonable court reporter
and copying expenses incident to the preparation of the Hearing
Record and providing copies to parties to the proceedings shall be
paid by the employer.
B) Merit Board Expenses. The Merit Board willshall pay all expenses
of the Hearing Board or Hearing Officer and any legal expenses
incurred by a Hearing Board or Hearing Officer, to the extent that
those expenses have been approved by the Merit Board or its
Executive Director.
g) Demotion
1) Any of the actions described in this subsection (g)(1) areis considered to
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
be a demotion when that action has been initiated by the employer. A
demotion may occur when a status employee:
A) is subject to a reduction in salary in his/her current position, or in a
position of the same class to which he/she has been reassigned,
except when the reduction in pay results from an overall reduction
in pay to persons employed in the same class and/or when the
Merit Board, on the basis of supporting evidence, determines that
the pay potential should be lowered for a class;
B) is subject to a reduction in percentage of time worked;
C) is appointed to a position in a lower class in a promotional line;
D) is appointed to a position in a class outside a promotional line with
a lower pay potential;
E) is given a nonstatus appointment.
2) None of the actions described in subsection (g)(1) are considered to be a
demotion when the action has been initiated, or willingly accepted, by the
employee.
A) Evidence of initiation by, or willing acceptance by, an employee
(i.e., a "voluntary demotion" or "voluntary downgrade" or similar
action) shall be: a statement signed by the employee (to be filed
by the employer with the notice of employment) indicating that the
new appointment is at his/her request and/or is acceptable to
him/her, or the employee applied for, and took, the Civil Service
examination, upon the results of which the new appointment is
based, after the date of certification to his/her most recent position.
B) Without the evidence indicated in subsection (g)(2)(A), the action
will be considered to have been initiated by the employer and,
therefore, will be considered to be a demotion.
3) Any classification plan changes authorized and implemented by the
University System and/or the Merit Board that may result in a lower pay
ILLINOIS REGISTER 18788
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
potential will not be considered a demotion.
4) An employer may effectuate a demotion by filing a Notice of Demotion
form with the Merit Board and serving a copy of the Notice of Demotion
on the employee by personally serving the employee, or by an overnight
delivery service that requires signature upon receipt, and also by First
Class U.S. Mailor by personally serving the employee. The Notice of
Demotion form shall designate the position and class to which the
employee has been demoted and shall factually state the causes justifying
demotion. The effective date of the demotion shall be the "Proof of
Service on Employee" date on the Notice of Demotion form. A demotion
shall be subject to the same hearing and review procedures as are provided
an employee in the case of a discharge. (See subsection (f).) During any
hearing and review proceedings, the employee shall be paid the approved
rate for the class of the position to which he/she has been demoted, as set
forth in the Notice of Demotion form.
5) A status employee who is demoted by action of the Merit Board to a
position in a class in which he/she has never been employed on a status
appointment shall be placed in a designated class without requiring further
examination or probationary period.may qualify for the position to which
he/she is demoted, if his/her name is not already on an eligible register for
that class, by taking the examination given to all other applicants for this
class as promptly as possible following demotion to the class. The
employee must pass the examination as a condition to retaining his/her
appointment.
h) Dismissal
1) An employer may dismiss an employee whose name has been certified
and who has been subsequently employed in a status position at any time
during the probationary period of employment in a class, if the employer
determines, pursuant to Section 250.90(a), that the employee has failed to
demonstrate the ability and the qualifications necessary to furnish
satisfactory service.
2) The employer shall notify the Executive Director promptly of dismissals,
setting forth the reasons for the dismissal.
ILLINOIS REGISTER 18789
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STATE UNIVERSITIES CIVIL SERVICE SYSTEM
NOTICE OF ADOPTED AMENDMENT
(Source: Amended at 44 Ill. Reg. 18746, effective November 12, 2020)
ILLINOIS REGISTER 18790
20
JOINT COMMITTEE ON ADMINISTRATIVE RULES
SECOND NOTICES RECEIVED
The following second notices were received during the period of November 10, 2020 through
November 16, 2020. These rulemakings are scheduled for the December 15, 2020 meeting.
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
Notice
Expires
Agency and Rule
Start
of First
Notice
JCAR
Meeting
12/26/20 State Board of Education, Public Schools
Evaluation, Recognition and Supervision
(23 Ill. Adm. Code 1)
6/19/20
44 Ill. Reg.
10322
12/15/20
12/26/20 State Board of Education, Early Childhood
Block Grant (23 Ill. Adm. Code 235)
7/24/20
44 Ill. Reg.
12141
12/15/20
12/26/20 State Board of Education, Educator
Licensure (23 Ill. Adm. Code 25)
7/24/20
44 Ill. Reg.
12106
12/15/20
12/26/20 Department of Revenue, Retailers'
Occupation Tax (86 Ill. Adm. Code 130)
9/18/20
44 Ill. Reg.
14837
12/15/20
12/26/20 Central Management Services, Pay Plan (80
Ill. Adm. Code 310)
9/25/20
44 Ill. Reg.
15842
12/15/20
ILLINOIS REGISTER 18791
20
EXECUTIVE ORDERS
2020-70
EXECUTIVE ORDER IN RESPONSE TO COVID-19
(COVID-19 EXECUTIVE ORDER NO. 66)
WHEREAS, Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness,
has rapidly spread throughout Illinois and continues to necessitate updated and more stringent
guidance from federal, state, and local public health officials and significant measures to respond
to the increasing public health disaster; and,
WHEREAS, COVID-19 can spread among people through respiratory transmissions,
asymptomatic people can transmit the virus, and there is currently no effective treatment or
vaccine; and,
WHEREAS, for the preservation of public health and safety throughout the entire State of
Illinois, and to ensure that our healthcare delivery system is capable of serving those who are
sick, I have found it necessary to take additional measures consistent with public health guidance
to slow and stop the spread of COVID-19; and,
WHEREAS, on October 16, 2020, considering the expected continuing spread of COVID-19
and the ongoing health and economic impacts that that will be felt over the coming month by
people across the State, I again declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, working with experts in the Department of Public Health, I put forward a
deliberate plan that utilizes several layers of mitigation steps to combat a resurgence of COVID-
19 and prevent uncontrollable spread; and,
WHEREAS, that plan described two scenarios that would cause the State to institute more
restrictive public health measures and impose additional mitigations in a region: first, a sustained
increase in the 7-day rolling average (7 out of 10 days) in the positivity rate, coupled with either
(a) a sustained 7-day increase in hospital admissions for a COVID-like illness, or (b) a reduction
in hospital capacity threatening surge capabilities (ICU capacity or medical/surgical beds under
20%); or second, three consecutive days averaging greater than or equal to an 8% positivity rate
(7 day rolling average); and,
WHEREAS, Region 5 (comprised of Marion, Jefferson, Wayne, Edwards, Wabash, Perry,
Jackson, Franklin, Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin,
Alexander, Massac, and Pulaski counties) has been under Tier 1 of the state’s resurgence
mitigation plan since October 22 and Regions 7 (Will and Kankakee counties) and 8 (Kane and
DuPage counties) since October 23, after seeing a 7-day rolling average test positivity rate of 8
percent or above for three consecutive days; and,
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WHEREAS, despite the mitigation measures in place since October 22 and 23, the positivity
rate has continued to increase for Regions 5, 7, and 8;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, and pursuant
to Sections 7(1), 7(8), 7(9), and 7(12) of the Illinois Emergency Management Agency Act, 20
ILCS 3305, and consistent with the powers set forth in the State’s public health laws, I hereby
order the following, effective November 11, 2020 at 12:01 a.m.:
Section 1. The following public health restrictions and mitigations are instituted for Region 5
(comprised of Marion, Jefferson, Wayne, Edwards, Wabash, Perry, Jackson, Franklin,
Williamson, Saline, Hamilton, White, Gallatin, Union, Johnson, Pope, Hardin, Alexander,
Massac, and Pulaski counties), Region 7 (Will and Kankakee counties), and Region 8 (Kane and
DuPage counties):
a. Mitigation for restaurants and bars. Restaurants and bars in the region are subject
to these restrictions and mitigation measures, which supplement the Phase 4
guidance from the Department of Commerce and Economic Opportunity for
Indoor and Outdoor Dining:
1. All restaurants and bars in the region must close at 11:00 p.m., and
must remain closed until 6:00 a.m. the following day.
2. All restaurants and bars in the region must suspend indoor on-
premises consumption.
3. All customers eating or drinking on premises must be seated at
outdoor tables spaced at least six feet apart. Multiple parties may
not be seated at a single table. Parties are limited to groups of six
or fewer.
4. Customers who are not yet seated at a table must wait off premises
and, when waiting, must not congregate in groups larger than the
party with whom they are dining. Standing, congregating, or
dancing on premises is not permitted.
5. Each party must have a reservation, even if made on-site, so that
the restaurant or bar has contact information to reach every party
for contact tracing if needed.
b. Mitigation for meetings and social events. Meetings and social events in the
region are subject to these restrictions and mitigation measures, which supplement
the Phase 4 guidance from the Department of Commerce and Economic
Opportunity for Meetings and Social Events:
1. Meetings and social events are limited to 10 people or fewer.
2. Attendance lists must be kept for contact tracing.
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3. Party buses are not permitted.
c. Mitigation for gaming and casinos. Gaming and casinos in the region are subject
to these restrictions and mitigation measures:
1. Gaming venues and casinos must close, and gaming terminals must
stop operating, between 11:00 p.m. and 6:00 a.m. the following
day.
2. Gaming venues and casinos are limited to 25% capacity.
3. Gaming venues and casinos must follow the mitigation strategies
for restaurants and bars for those portions of their facilities.
d. Mitigation for indoor and outdoor recreation. Indoor and outdoor recreation
facilities in the region are subject to these restrictions and mitigation measures,
which supplement the Phase 4 guidance from the Department of Commerce and
Economic Opportunity for Indoor and Outdoor Recreation:
1. Facilities are limited to the lesser of 25 people or 25% capacity.
2. Groups are limited to 10 people or fewer.
e. Mitigation for all workplaces. Businesses and establishments shall institute
remote work for high risk individuals, and shall evaluate whether additional
workers can telework. This Executive Order encourages remote work for as
many workers as possible.
Section 2. This Executive Order supplements the Community Revitalization Order (Executive
Order 2020-43), which remains in effect other than when its terms are inconsistent with those
expressly set forth in Section 1 above. The additional requirements of the Community
Revitalization Order, including the requirements relating to social distancing and wearing face
coverings, remain in place. The exemptions set forth in Section 4 of the Community
Revitalization Order apply to this Executive Order.
Section 3. If any provision of this Executive Order or its application to any person or
circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect
any other provision or application of this Executive Order, which can be given effect without the
invalid provision or application. To achieve this purpose, the provisions of this Executive Order
are declared to be severable.
Issued by the Governor November 10, 2020
Filed by the Secretary of State November 10, 2020
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2020-71
EXECUTIVE ORDER 2020-71
(COVID-19 EXECUTIVE ORDER NO. 67)
WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused
extraordinary sickness and loss of life, infecting over 550,000, and taking the lives of more than
10,500 residents; and,
WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus
Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through
respiratory transmissions and that continues to be without an effective treatment or vaccine, the
burden on residents, healthcare providers, first responders, and governments throughout the State
is unprecedented; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and
safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, public health research and guidance indicates the necessity and efficacy of wearing
cloth face coverings in public settings where social distancing measures are difficult to maintain,
and indicates that the risk of transmission outdoors is less than the risk of transmission indoors;
and,
WHEREAS, public health guidance advises that minimizing physical interactions between
people who do not reside in the same household is critical to slowing the spread of COVID-19;
and,
WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster
Proclamations, the circumstances causing a disaster throughout the State have changed and
continue to change, making definitive predictions of the course the virus will take over the
coming months extremely difficult; and,
WHEREAS, in addition to causing the tragic loss of more than 10,500 Illinoisans and wreaking
havoc on the physical health of tens of thousands more, COVID-19 has caused extensive
economic loss and continues to threaten the financial welfare of a significant number of
individuals and businesses across the nation and the State; and,
WHEREAS, on November 13, 2020, considering the expected continuing spread of COVID-19
and the ongoing health and economic impacts that that will be felt over the coming month by
people across the State, I declared all counties in the State of Illinois as a disaster area; and,
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WHEREAS, in response to the epidemic emergency and public health emergency described
above, I find it necessary to re-issue Executive Orders 2020-03, 2020-04, 2020-07, 2020-08,
2020-09, 2020-11, 2020-12, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23,
2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36,
2020-40, 2020-41, 2020-42, 2020-43, 2020-45, 2020-47, 2020-50, 2020-53, 2020-56, 2020-57,
2020-60, 2020-61, 2020-62, 2020-63, 2020-64, 2020-65, 2020-66, 2020-67, 2020-68, 2020-69,
and 2020-70 and hereby incorporate the WHEREAS clauses of those Executive Orders;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to
the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois
Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public
health laws, I hereby order the following, effective November 13, 2020:
Part 1: Re-Issue of Executive Orders.
Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-15,
2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27,
2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36, 2020-40, 2020-41, 2020-42, 2020-43,
2020-45, 2020-47, 2020-50, 2020-53, 2020-56, 2020-57, 2020-60, 2020-61, 2020-62, 2020-63,
2020-64, 2020-65, 2020-66, 2020-67, 2020-68, 2020-69, and 2020-70 as follows:
Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick
leave requirement for State employees):
Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through
December 12, 2020. Nothing in Section 2 precludes the Department of Central
Management Services from designating specific points of ingress and egress and
controlling traffic flow in the James R. Thompson Center for State employees, members
of the public attending to State business, and members of the public patronizing the
businesses and food court.
Executive Order 2020-07 (In-person meeting requirements):
Section 6 of Executive Order 2020-07, as amended by Executive Order 2020-33 and
Executive Order 2020-44, is re-issued and extended through December 12, 2020.
Executive Order 2020-08 (Secretary of State operations):
ILLINOIS REGISTER 18796
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EXECUTIVE ORDERS
Sections 3, 4, and 5 of Executive Order 2020-08, as amended by Executive Order 2020-
39 and Executive Order 2020-44, are re-issued and extended through December 12,
2020.
Executive Order 2020-09 (Telehealth):
Executive Order 2020-09, as amended by Executive Order 2020-52, is re-issued in its
entirety and extended through December 12, 2020.
Executive Order 2020-11 (Illinois Department of Corrections notification period):
Section 4 of Executive Order 2020-11 is re-issued and extended through December 12,
2020.
Executive Order 2020-12 (Health care worker background checks; Illinois
Department of Juvenile Justice notification period):
Sections 1 and 3 of Executive Order 2020-12 are re-issued and extended through
December 12, 2020.
Executive Order 2020-15 (Suspending provisions of the Illinois School Code):
Sections 5, 6, 7, 8, and 9 of Executive Order 2020-15 are re-issued and extended through
December 12, 2020.
Executive Order 2020-16 (Suspension of classroom training requirement for
security services):
Section 2 of Executive Order 2020-16 is re-issued and extended through December 12,
2020.
Executive Orders 2020-03 and 2020-17 (Cannabis deadlines and applications):
Executive Orders 2020-03 and 2020-17, as modified by Executive Order 2020-18, are re-
issued and shall remain in effect as specified by Executive Order 2020-18.
Executive Order 2020-20 (Public assistance requirements):
Executive Order 2020-20 is re-issued in its entirety and extended through December 12,
2020.
ILLINOIS REGISTER 18797
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EXECUTIVE ORDERS
Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):
Executive Order 2020-21 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-22 (Placements under the Child Care Act of 1969; fingerprint
submissions under Health Care Worker Background Check Act):
Sections 4, 5, and the Savings Clause of Executive Order 2020-22 are re-issued and
extended through December 12, 2020.
Executive Order 2020-23 (Actions by the Illinois Department of Financial and
Professional Regulation for licensed professionals engaged in disaster response):
Executive Order 2020-23 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-24 (Illinois Department of Human Services Forensic
Treatment Program; investigations of Illinois Department of Human Services
employees):
Executive Order 2020-24 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-25 (Garnishment and wage deductions):
Executive Order 2020-25, as amended by Executive Order 2020-55, is re-issued in its
entirety and extended through December 12, 2020.
Executive Order 2020-26 (Hospital capacity):
Sections 2(e), 6, 7, 8, 9, and 10 of Executive Order 2020-26 are re-issued and extended
through December 12, 2020.
Executive Order 2020-27 (Cadavers testing positive for COVID-19):
Executive Order 2020-27 is re-issued in its entirety and extended through December 12,
2020.
ILLINOIS REGISTER 18798
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EXECUTIVE ORDERS
Executive Order 2020-28 (Industrial radiography certifications):
Executive Order 2020-28, as amended by Executive Order 2020-55, is re-issued in its
entirety and extended through December 12, 2020.
Executive Order 2020-29 (In-person education or exams for professional insurance
licenses):
Executive Order 2020-29 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-30 (Expired consular identification documents; electronic
filings for the Illinois Human Rights Commission):
Sections, 1, 4, 5, and 6 of Executive Order 2020-30 are re-issued and extended through
December 12, 2020.
Executive Order 2020-34 (Cannabis requirements):
Executive Order 2020-34 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-35 (Illinois Department of Public Health regulatory
activities):
Sections 14, 15, 16, and 17 of Executive Order 2020-35 are re-issued and extended
through December 12, 2020.
Executive Order 2020-36 (Marriage licenses):
Executive Order 2020-36 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-40 (Child Labor Law):
Sections 2 and 4 of Executive Order 2020-40 are re-issued and extended through
December 12, 2020.
Executive Order 2020-41 (Sports wagering):
ILLINOIS REGISTER 18799
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EXECUTIVE ORDERS
Executive Order 2020-41 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-42 (State Fairs):
Executive Order 2020-42 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-43 (Phase 4 Community Revitalization Order):
Executive Order 2020-43, as amended by Executive Order 2020-55 and Executive Order
2020-59, is re-issued in its entirety and extended through December 12, 2020.
Executive Order 2020-45 (Cannabis licenses):
Executive Order 2020-45 is re-issued in its entirety and shall remain in effect as specified
by Executive Order 2020-45.
Executive Order 2020-47 (In-person instruction at preK-12 schools):
Executive Order 2020-47 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-50 (Resuming transfers from county jails to Illinois
Department of Corrections):
Executive Order 2020-50 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-53 (Region 7 mitigations):
Executive Order 2020-53 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-56 (Region 1 mitigations):
Executive Order 2020-56 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-57 (Cannabis identification cards):
ILLINOIS REGISTER 18800
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EXECUTIVE ORDERS
Executive Order 2020-57 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-60 (Region 5 mitigations):
Executive Order 2020-60 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-61 (Regions 7 and 8 mitigations):
Executive Order 2020-61 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-62 (Region 1 Tier 2 mitigations):
Executive Order 2020-62 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-63 (Regions 4 and 10 mitigations):
Executive Order 2020-63 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-64 (Region 11 mitigations):
Executive Order 2020-64 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-65 (Region 9 mitigations):
Executive Order 2020-65 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-66 (Region 3 mitigations):
Executive Order 2020-66 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-67 (Region 6 mitigations):
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EXECUTIVE ORDERS
Executive Order 2020-67 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-68 (Cannabis registry identification card renewals):
Executive Order 2020-68 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-69 (Region 2 mitigations):
Executive Order 2020-69 is re-issued in its entirety and extended through December 12,
2020.
Executive Order 2020-70 (Regions 5, 7, and 8 Tier 2 mitigations):
Executive Order 2020-70 re-issued in its entirety and extended through December 12,
2020.
Part 2: Savings Clause. If any provision of this Executive Order or its application to any person
or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not
affect any other provision or application of this Executive Order, which can be given effect
without the invalid provision or application. To achieve this purpose, the provisions of this
Executive Order are declared to be severable.
Issued by the Governor November 13, 2020
Filed by the Secretary of State November 13, 2020
ILLINOIS REGISTER 18802
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EXECUTIVE ORDERS
2020-72
EXECUTIVE ORDER IN RESPONSE TO COVID-19
(COVID-19 EXECUTIVE ORDER NO. 68)
WHEREAS, Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness,
has rapidly spread throughout Illinois and continues to necessitate updated and more stringent
guidance from federal, state, and local public health officials and significant measures to respond
to the increasing public health disaster; and,
WHEREAS, COVID-19 can spread among people through respiratory transmissions,
asymptomatic people can transmit the virus, and there is currently no effective treatment or
vaccine; and,
WHEREAS, for the preservation of public health and safety throughout the entire State of
Illinois, and to ensure that our healthcare delivery system is capable of serving those who are
sick, I have found it necessary to take additional measures consistent with public health guidance
to slow and stop the spread of COVID-19; and,
WHEREAS, COVID-19 has resulted in significant economic impact, including loss of income
and wages, that threatens to undermine the financial security of many Illinoisans; and,
WHEREAS, residential eviction actions are governed by Article IX of the Illinois Code of Civil
Procedure, 735 ILCS 5/9-101 et seq.; and,
WHEREAS, in the midst of the ongoing public health crisis, residential evictions are contrary to
the interest of preserving public health by ensuring that individuals remain in their homes as
much as possible; and,
WHEREAS, public health guidance advises that minimizing physical interactions between
people who do not reside in the same household is critical to slowing the spread of COVID-19;
and,
WHEREAS, access to housing helps prevent spread of COVID-19 because individuals with
housing are able to minimize physical contact with those outside their households; and,
WHEREAS, temporarily halting eviction proceedings avoids numerous interactions associated
with being evicted, including with law enforcement officers, courtroom personnel, landlords,
movers, and friends and family who must agree to provide temporary housing, as well as, for
those who are forced into homelessness, the interactions associated with seeking and taking
refuge in a shelter; and,
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EXECUTIVE ORDERS
WHEREAS, preventing spread by temporarily halting eviction proceedings thus also prevents
spread of COVID-19 in the broader community; and,
WHEREAS, on March 20, 2020, I issued Executive Order 2020-10, in which I ordered all state,
county, and local law enforcement officers to cease from enforcing eviction orders for residential
properties; and,
WHEREAS, on April 23, 2020, I issued Executive Order 2020-30, in part, because the ongoing
public health emergency required further action to prevent the commencement of residential
eviction proceedings; and,
WHEREAS, on April 30, 2020, I issued Executive Order 2020-33, which amended Executive
Order 2020-30, to continue the prohibition on enforcement of residential eviction actions; and,
WHEREAS, the prohibitions on commencement of residential eviction actions and the
enforcement of residential eviction orders in Executive Order 2020-33 have been extended by
subsequent Executive Orders; and,
WHEREAS, on November 13, 2020, considering the continuing, and, in fact, increasing spread
of COVID-19 and the ongoing health and economic impacts that that will be felt over the coming
month by people across the State, I declared all counties in the State of Illinois as a disaster area;
and,
WHEREAS, the number of new COVID-19 cases in the State has surged over the past several
weeks, and the virus continues to infect thousands of individuals and claim the lives of too many
Illinoisans each day; and,
WHEREAS, the State and the Illinois Department of Public Health have developed a mitigation
plan to trigger additional precautions when regions meet certain risk levels; and,
WHEREAS, as of November 13, 2020, all regions of the State have triggered these additional
mitigation strategies; and,
WHEREAS, while the precautions taken by Illinoisans previously slowed the growth of
COVID-19 cases and deaths in the State, the number of cases in the State is now again growing
exponentially; and,
WHEREAS, recognizing the continued need for action to prevent the spread of COVID-19, this
Executive Order extends the prohibition on the commencement and enforcement of evictions
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EXECUTIVE ORDERS
with additional safeguards intended to balance the rights of tenants and landlords throughout the
State;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to
the Illinois Constitution and Sections 7(1), 7(2), 7(8), 7(10), and 7(12) of the Illinois Emergency
Management Agency Act, 20 ILCS 3305, and consistent with the powers set forth in the State's
public health laws, I hereby order the following, effective November 13, 2020:
Section 1. For purposes of this Executive Order, the following terms are defined as set forth
below:
(a) "Covered Person" means any tenant, lessee, sub-lessee, or resident of a residential
property who provides to their landlord, the owner of the residential property, or
other person or entity with a legal right to pursue an eviction or possessory action,
a Declaration under penalty of perjury indicating that:
1. the individual either (i) expects to earn no more than $99,000 in annual
income for Calendar Year 2020 (or no more than $198,000 if filing a joint
tax return), (ii) was not required to report any income in 2019 to the U.S.
Internal Revenue Service, or (iii) received an Economic Impact Payment
pursuant to Section 2001 of the CARES Act;
2. the individual is unable to make a full rent or housing payment due to a
COVID-19 related hardship including, but not limited to, substantial loss
of income, loss of compensable hours of work or wages, or an increase in
out-of-pocket expenses directly related to the COVID-19 pandemic;
3. the individual is using best efforts to make timely partial payments that are
as close to the full payment as the individual's circumstances may permit,
taking into account other Non-Discretionary Expenses; and
4. eviction would likely render the individual homeless − or force the
individual to move into and live in close quarters in a new congregate or
shared living setting − because the individual has no other available
housing options.
(b) "Declaration" means the form declaration made available by the Illinois Housing
Development Authority (or a similar declaration under penalty of perjury) that
tenants, lessees, sub-lessees, or residents of residential properties who are covered
by this Executive Order may use to invoke the protections of this Executive
Order. Each landlord, owner of a residential property, or other person or entity
with a legal right to pursue an eviction or possessory action must provide each
tenant, lessee, sub-lessee, and resident with a Declaration prior to commencement
of any residential eviction proceeding including, but not limited to, prior to the
issuance of a notice of termination of tenancy.
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EXECUTIVE ORDERS
(c) "Non-Discretionary Expenses" include, but are not limited to, food, utilities,
phone and internet access, school supplies, cold-weather clothing, medical
expenses, child care, and transportation costs, including car payments and
insurance.
Section 2. A person or entity may not commence a residential eviction action pursuant to or
arising under 735 ILCS 5/9-101 et seq. against a Covered Person unless that person poses a
direct threat to the health and safety of other tenants or an immediate and severe risk to property.
Section 3. All state, county, and local law enforcement officers in the State of Illinois are
instructed to cease enforcement of orders of eviction for residential premises, unless the tenant,
lessee, sub-lessee, or resident of the residential property has been found to pose a direct threat to
the health and safety of other tenants or an immediate and severe risk to property.
Section 4. Nothing in this Executive Order shall be construed as relieving any individual of the
obligation to pay rent or comply with any other obligation that an individual may have pursuant
to a lease or rental agreement.
Section 5. If any provision of this Executive Order or its application to any person or
circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect
any other provision or application of this Executive Order, which can be given effect without the
invalid provision or application. To achieve this purpose, the provisions of this Executive Order
are declared to be severable.
Issued by the Governor November 13, 2020
Filed by the Secretary of State November 13, 2020
ILLINOIS REGISTER 18806
20
PROCLAMATION
2020-64
Gubernatorial Disaster Proclamation
WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused
extraordinary sickness and loss of life, infecting over 550,000, and taking the lives of more than
10,500 residents; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and
safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, it is critical that Illinoisans who become sick have access to necessary care from
medical professionals, including hospital beds, emergency room beds, or ventilators if needed;
and,
WHEREAS, it is also critical that the State's health care and first responder workforce has
adequate personal protective equipment (PPE) to safely treat patients, respond to public health
disasters, and prevent the spread of communicable diseases; and,
WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus
Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through
respiratory transmissions and that continues to be without an effective treatment or vaccine, the
burden on residents, healthcare providers, first responders, and governments throughout the State
is unprecedented; and,
WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of
International Concern on January 30, 2020, and the United States Secretary of Health and
Human Services declared that COVID-19 presents a public health emergency on January 27,
2020; and,
WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19
outbreak as a pandemic, and has now reported more than 52 million confirmed cases of COVID-
19 and nearly 1.3 million deaths attributable to COVID-19 globally; and,
WHEREAS, despite efforts to contain COVID-19, the virus has continued to spread rapidly,
resulting in the need for federal and State governments to take significant steps; and,
WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the
State of Illinois as a disaster area in response to the outbreak of COVID-19; and,
ILLINOIS REGISTER 18807
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PROCLAMATION
WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to
Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5207 (the "Stafford Act"), covering all states and territories, including Illinois; and,
WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to
Section 401 of the Stafford Act; and,
WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I declared
all counties in the State of Illinois as a disaster area; and,
WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the
threatened shortages of hospital beds, ER beds, and ventilators, and the inadequate testing
capacity, I declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on May 29, 2020, due to the continued spread of COVID-19 in Illinois, and the
resulting health and economic impacts of the virus, and the need to increase testing capacity, I
declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on June 26, 2020, due to the further spread of COVID-19 in Illinois, the continuing
health and economic impacts of the virus, and the need to continue to increase testing capacity
and preserve our progress against the disease, I declared all counties in the State of Illinois as a
disaster area; and,
WHEREAS, on July 24, 2020, due to the resurgence of COVID-19 in Illinois, the continuing
health and economic impacts of the virus, and the need to continue to increase testing capacity
and preserve our progress against the disease, I declared all counties in the State of Illinois as a
disaster area; and,
WHEREAS, on August 21, 2020, due to the resurgence of COVID-19 in Illinois, the continuing
health and economic impacts of the virus, and the need to continue to increase testing capacity
and preserve our progress against the disease, I declared all counties in the State of Illinois as a
disaster area; and,
WHEREAS, on September 18, 2020, due to the resurgence of COVID-19 in Illinois, the
continuing health and economic impacts of the virus, and the need to continue to increase testing
capacity and preserve our progress against the disease, I declared all counties in the State of
Illinois as a disaster area; and,
WHEREAS, on October 16, 2020, due to the resurgence of COVID-19 in Illinois, the
continuing health and economic impacts of the virus, and the need to continue to increase testing
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capacity and preserve our progress against the disease, I declared all counties in the State of
Illinois as a disaster area; and,
WHEREAS, as circumstances surrounding COVID-19 have evolved and new evidence emerges,
there have been frequent changes in information and public health guidance; and,
WHEREAS, the unprecedented nature of COVID-19, including the health consequences it has
on not just the respiratory system but the heart, brain, kidneys, and the body's immune response,
has made the virus's effects and its path difficult to predict; and,
WHEREAS, from the outset, data suggested that older adults and those with serious underlying
health conditions are more likely to experience severe and sometimes fatal complications from
COVID-19; and,
WHEREAS, evidence has shown that young people, including infants and toddlers, are also at
risk of such complications; and,
WHEREAS, young and middle-aged people have comprised a significant proportion of new
COVID-19 cases and hospitalized COVID-19 patients, and there is evidence that COVID-19
causes blood clots and strokes, and has caused deadly strokes in young and middle-aged people
who exhibited few symptoms; and,
WHEREAS, the understanding of spread from infected individuals who have not shown
symptoms has changed and, on April 12, 2020, the federal Centers for Disease Control and
Prevention (CDC) changed the period of exposure risk from "onset of symptoms" to "48 hours
before symptom onset"; and,
WHEREAS, some people infected by the virus remain asymptomatic but nonetheless may
spread it to others; and,
WHEREAS, although the CDC initially recommended against wearing cloth face coverings or
masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission,
the CDC revised its conclusions and recommends wearing cloth face coverings in public settings
where social distancing measures are difficult to maintain; and,
WHEREAS, the CDC now advises that cloth face coverings or masks protect both the wearer
and those around them from COVID-19; and,
WHEREAS, public health research and guidance now indicates the necessity and efficacy of
wearing cloth face coverings in public settings where social distancing measures are difficult to
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PROCLAMATION
maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission
indoors; and,
WHEREAS, public health guidance advises that minimizing physical interactions between
people who do not reside in the same household is critical to slowing the spread of COVID-19;
and,
WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster
Proclamations, the circumstances causing a disaster throughout the State have changed and
continue to change, making definitive predictions of the course the virus will take over the
coming months extremely difficult; and,
WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, there were 11
confirmed cases of COVID-19 in one Illinois county; and,
WHEREAS, as of today, there have been over 550,000 confirmed cases of COVID-19 in all 102
Illinois counties; and,
WHEREAS, the first death attributed to COVID-19 in Illinois was announced on March 17,
2020; and,
WHEREAS, as of today, November 13, 2020, more than 10,500 residents of Illinois have died
due to COVID-19; and,
WHEREAS, from the outset, studies have suggested that for every confirmed case there are
many more unknown cases, some of which are asymptomatic individuals who can pass the virus
to others without knowing; and,
WHEREAS, the CDC estimates that total cases of COVID-19 may be up to 13 times higher than
currently reported for certain regions; and,
WHEREAS, the number of new COVID-19 cases in the State has surged over the past several
weeks, and the virus continues to infect thousands of individuals and claim the lives of too many
Illinoisans each day; and,
WHEREAS, the COVID-19 pandemic is not limited to the most populous counties, and as of
today, counties in all regions of the State are demonstrating significant increased COVID-19
risk; and,
WHEREAS, without precautions COVID-19 can spread exponentially, even in less populous
areas; for example, in Jasper County, a single infected first responder visited a nursing home and
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PROCLAMATION
instigated series of infections that resulted in one of highest infection rates in the State; and
similarly, in Randolph County, a single infected person attended an event in mid-March that
caused that county likewise to suffer one of the State's highest infection rates; and,
WHEREAS, numerous counties all around the State have reported more than 75 cases per
100,000 people over the past 7 days; and,
WHEREAS, the State and the Illinois Department of Public Health have developed a mitigation
plan to trigger additional precautions when regions meet certain risk levels; and,
WHEREAS, as of today, all regions of the State have triggered these additional mitigation
strategies; and,
WHEREAS, while the precautions taken by Illinoisans previously slowed the growth of
COVID-19 cases and deaths in the State, the number of cases in the State is now again growing
exponentially; and,
WHEREAS, the U.S. has surpassed 10.5 million total cases and more than 240,000 deaths; and,
WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black
and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health
disparities and inequities; and,
WHEREAS, the Illinois Department of Public Health activated its Illinois Emergency
Operations Plan and its Emergency Support Function 8 Plan to coordinate emergency response
efforts by hospitals, local health departments, and emergency management systems in order to
avoid a surge in the use of hospital resources and capacity; and,
WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to
develop and requires an evolving response to ensure hospitals, health care professionals and first
responders are able to meet the health care needs of all Illinoisans and in a manner consistent
with CDC guidance that continues to be updated; and,
WHEREAS, in order to ensure that health care professionals, first responders, hospitals and
other facilities are able to meet the health care needs of all residents of Illinois, the State must
have critical supplies, including PPE, such as masks, face shields, gowns, and gloves; and,
WHEREAS, the State of Illinois maintains a stockpile that supports the existing PPE supply
chains and stocks at various healthcare facilities; and,
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PROCLAMATION
WHEREAS, while the State continues to make every effort to procure PPE, if those
procurement efforts are disrupted or Illinois experiences a surge in COVID-19 cases, the State
faces a life-threatening shortage of respirators, masks, protective eyewear, face shields, gloves,
gowns, and other protective equipment for health care workers and first responders; and,
WHEREAS, hospitalizations now are rapidly rising again; and Illinois is using a significant
percentage of hospital beds and ICU beds; and, if COVID-19 cases continue to surge, the State
could face a shortage of critical health care resources; and,
WHEREAS, over the course of the COVID-19 crisis, the State has been constrained in the
number of COVID-19 tests that can be taken and processed due to a limited number of testing
sites and labs, as well as a shortage of necessary supplies, including the swabs needed to take
samples; and,
WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, Illinois had
capacity to test no more than a few hundred people per day for COVID-19 at a small number of
testing sites; and,
WHEREAS, the State has developed testing sites throughout Illinois and recently has exceeded
100,000 tests per day, and the State continues to focus efforts on increasing testing capacity; and,
WHEREAS, Illinois now has tested more than 8.8 million total specimens for COVID-19; and,
WHEREAS, national projections adjusted for Illinois' population suggest the State must
continue to increase the number of tests processed per day as part of an effective effort to
permanently slow and reduce the spread of COVID-19; and,
WHEREAS, in addition to causing the tragic loss of more than 10,500 Illinoisans and wreaking
havoc on the physical health of tens of thousands more, COVID-19 has caused extensive
economic loss and continues to threaten the financial welfare of a significant number of
individuals and businesses across the nation and the State; and,
WHEREAS, nationwide, more than 60 million people have filed unemployment claims since the
start of the pandemic – representing more than one in four U.S. workers; and,
WHEREAS, the Illinois Department of Employment Security announced that the State's
unemployment rate continues to be extremely high at above 10 percent; and,
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PROCLAMATION
WHEREAS, the Illinois Department of Employment Security is responding to the economic
crisis in a number of ways, including through the Pandemic Unemployment Assistance program;
and,
WHEREAS, the Department of Commerce and Economic Opportunity is working to address the
economic crisis, including through assistance programs such as the Business Interruption Grants
Program for businesses that experienced a limited ability to operate due to COVID-19 related
closures; and,
WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of
business and the access to housing, medical care, food, and other critical resources that directly
impact the health and safety of residents; and,
WHEREAS, access to housing helps prevent spread of COVID-19 because individuals with
housing are able to minimize physical contact with those outside their households; and,
WHEREAS, temporarily halting eviction proceedings avoids numerous interactions associated
with being evicted, including with law enforcement officers, courtroom personnel, landlords,
movers, and friends and family who agree to provide temporary housing, as well as, for those
who are forced into homelessness, the interactions associated with taking refuge in a shelter; and,
WHEREAS, preventing spread by temporarily halting eviction proceedings thus also prevents
spread of COVID-19 in the broader community; and,
WHEREAS, COVID-19 also has been extraordinarily disruptive to schools, and it is among the
highest priorities of the State to ensure that students are able to obtain a quality education and
that schools are able to provide an environment that is safe for students, teachers, and the
community; and,
WHEREAS, based on the foregoing facts, and considering the rapid spread of COVID-19 and
the ongoing health and economic impacts that will be felt over the coming month by people
across the State, the current circumstances in Illinois surrounding the spread of COVID-19
constitute an epidemic emergency and a public health emergency under Section 4 of the Illinois
Emergency Management Agency Act; and,
WHEREAS, based on the foregoing, the continuing burden on hospital resources, the ongoing
potential that the State could face shortages of these resources in the event of a surge in
infections, and the critical need to increase the purchase and distribution of PPE as well as to
continue to expand COVID-19 testing capacity constitute a public health emergency under
Section 4 of the Illinois Emergency Management Agency Act; and,
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PROCLAMATION
WHEREAS, it is the policy of the State of Illinois to be prepared to address any disasters and,
therefore, it is necessary and appropriate to make additional State resources available to ensure
that that our healthcare delivery system is capable of serving those who are sick and that
Illinoisans remain safe and secure and able to obtain medical care; and,
WHEREAS, this proclamation will assist the State in facilitating economic recovery for
individuals and businesses in an effort to prevent further devastating consequences from the
economic instability COVID-19 has caused; and,
WHEREAS, this proclamation will assist Illinois agencies in coordinating State and Federal
resources, including materials needed to test for COVID-19, personal protective equipment, and
medicines, in an effort to support the State responses as well as the responses of local
governments to the present public health emergency; and,
WHEREAS, these conditions provide legal justification under Section 7 of the Illinois
Emergency Management Agency Act for the new issuance of a proclamation of disaster; and,
WHEREAS, the Illinois Constitution, in Article V, Section 8, provides that "the Governor shall
have the supreme executive power, and shall be responsible for the faithful execution of the
laws," and states, in the Preamble, that a central purpose of the Illinois Constitution is "provide
for the health, safety, and welfare of the people";
NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments
responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois,
hereby proclaim as follows:
Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management
Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and
specifically declare all counties in the State of Illinois as a disaster area. The proclamation
authorizes the exercise of all of the emergency powers provided in Section 7 of the Illinois
Emergency Management Agency Act, 20 ILCS 3305/7, including but not limited to those
specific emergency powers set forth below.
Section 2. The Illinois Department of Public Health and the Illinois Emergency Management
Agency are directed to coordinate with each other with respect to planning for and responding to
the present public health emergency.
Section 3. The Illinois Department of Public Health is further directed to cooperate with the
Governor, other State agencies and local authorities, including local public health authorities, in
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PROCLAMATION
the development and implementation of strategies and plans to protect the public health in
connection with the present public health emergency.
Section 4. The Illinois Emergency Management Agency is directed to implement the State
Emergency Operations Plan to coordinate State resources to support local governments in
disaster response and recovery operations.
Section 5. To aid with emergency purchases necessary for response and other emergency
powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the
Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in
coping with the disaster are suspended to the extent they are not required by federal law. If
necessary, and in accordance with Section 7(1) of the Illinois Emergency Management Agency
Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend
additional statutes, orders, rules, and regulations.
Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act, 20
ILCS 3305/7(3), this proclamation activates the Governor's authority, as necessary, to transfer
the direction, personnel or functions of State departments and agencies or units thereof for the
purpose of performing or facilitating emergency response programs.
Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and the
Illinois Department of Healthcare and Family Services are directed to recommend, and, as
appropriate, take necessary actions to ensure expanded access to testing for COVID-19 and that
consumers do not face financial barriers in accessing diagnostic testing and treatment services
for COVID-19.
Section 8. The Illinois State Board of Education is directed to recommend, and, as appropriate,
take necessary actions to address any impact to learning associated with the present public health
emergency and to continue to alleviate any barriers to the use of remote learning during the
effect of this proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.
Section 9. All State agencies are directed to cooperate with the Governor, other State agencies
and local authorities in the development and implementation of strategies and plans to cope with
and recover from the economic impact of the present public health emergency.
Section 10. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act, 20
ILCS 3305/7(14), increases in the selling price of goods or services, including medical supplies,
protective equipment, medications and other commodities intended to assist in the prevention of
or treatment and recovery of COVID-19, shall be prohibited in the State of Illinois while this
proclamation is in effect.
ILLINOIS REGISTER 18815
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PROCLAMATION
Section 11. This proclamation can facilitate requests for federal emergency and/or disaster
assistance if a complete and comprehensive assessment of damage indicates that effective
recovery is beyond the capabilities of the State and affected local governments.
Section 12. For purposes of Public Act 101-0640, Article 15, section 15-5, amending the Open
Meetings Act, new section 5 ILCS 120/7(e)(4), I find that the public health concerns at issue in
this proclamation render in-person attendance of more than ten people at the regular meeting
location not feasible.
Section 13. This proclamation shall be effective immediately and remain in effect for 30 days.
Issued by the Governor November 13, 2020
Filed by the Secretary of State November 13, 2020
ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates
Rules acted upon in Volume 44, Issue 48 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.
PROPOSED RULES 11 - 1800 ..................... 18620 17 - 2010 ..................... 18631 86 - 100 ..................... 18641 23 - 3050 ..................... 18660 80 - 1540 ..................... 18667 ADOPTED RULES 23 - 1501 11/13/2020 ..................... 18680 92 - 1001 11/13/2020 ..................... 18734 92 - 1100 11/13/2020 ..................... 18742 80 - 250 11/12/2020 ..................... 18746 EXECUTIVE ORDERS AND PROCLAMATIONS 20 - 70 11/10/2020 ..................... 18791 20 - 71 11/13/2020 ..................... 18794 20 - 72 11/13/2020 ..................... 18802 20 - 64 11/13/2020 ..................... 18806