Ill. Admin. Code tit. 1, § 240.650 - Suspension Criteria
a) If the
Joint Committee finds that the peremptory rule does not meet one or more of the
criteria in Section
240.500, the
Committee will then consider the peremptory rule in relation to the following
criteria pursuant to Section 5-125 of the Act:
1) Does the peremptory rule represent a
serious threat to the public interest?
A)
Does the peremptory rule contain policies that have been previously considered
and rejected by the General Assembly?
B) Does the peremptory rule
unconstitutionally or unlawfully discriminate against any citizen of the
State?
C) Does the peremptory rule
unconstitutionally or unlawfully inhibit the free exercise of the rights of any
citizen of the State?
2)
Does the peremptory rule represent a serious threat to the public safety?
A) Could the peremptory rule result in a
decrease in the protection provided against threats to the safety of any
citizen of the State?
B) Could the
peremptory rule result in an increase in the threat of physical harm to any
citizen of the State?
3)
Does the peremptory rule represent a serious threat to the public welfare?
A) Does the peremptory rule impose
unreasonable or unnecessary economic costs on any citizen of the
State?
B) Does the peremptory rule
adversely affect the health or well-being of any citizen of the
State?
C) Does the peremptory rule
adversely affect the quality of life of any citizen of the State?
b) If the Joint
Committee determines that one or more of the criteria enumerated in this
Section are met, the Committee shall suspend the peremptory rule or portion
thereof pursuant to Section
240.700(c)
of this Part.
Notes
Amended at 18 Ill. Reg. 4745, effective March 14, 1994
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