3. Administrative Procedure Act
• Unlike drafting and passing legislation, there is a
specific legal process state agencies are required
to follow for making or modifying administrative
rules.
• The Illinois Administrative Procedure Act (5 ILCS
100/5-40) lays this out.
• The General Assembly’s Joint Committee on
Administrative Rules (JCAR) plays a big role in
approving, modifying or rejecting an agency’s
proposed rules.
4. Ex parte Communications
• Governed by Illinois APA (5 ILCS 100/5-165)
• "Ex parte communication" means any written or
oral communication by any person during the
rulemaking period that imparts or requests
material information or makes a material
argument regarding… an agency's… rulemaking…
that is communicated to that agency, the head of
that agency, or any other employee of that
agency.”
• Does NOT include “statements by a person
publicly made in a public forum”
5. Ex parte Communications
• An ex parte communication shall immediately be reported to that agency's
ethics officer.
• The ethics officer shall:
– the ex parte communication promptly be made a part of the record of the
rulemaking proceeding
– file the ex parte communication with the Executive Ethics Commission,
• all written communications
• all written responses to the communications
• a memorandum prepared by the ethics officer stating
– the nature and substance of all oral communications
– the identity and job title of the person to whom each communication was made
– all responses made
– the identity and job title of the person making each response
– the identity of each person from whom the written or oral ex parte communication was
received
– the individual or entity represented by that person
– any action the person requested or recommended
– the date of any ex parte communication
– any other pertinent information
6. Ex parte Communications
• “Failure to take certain actions under this
Section may constitute a violation as provided
in Section 5-50 of the State Officials and
Employees Ethics Act.”
7. Public Hearing
• “At the public hearing, the agency shall allow
interested persons to present views and
comments on the proposed rulemaking.”
• “The hearings must be open to the public and
recorded by stenographic or mechanical means.”
• “At least one agency representative shall be
present during the hearing who is qualified to
respond to general questions from the public
regarding the agency's proposal and the
rulemaking process.”
9. General Assembly Action
• Administrative Rules required to be updated
because of the extensive changes to the
Enterprise Zone Act by PA 97-905
• DCEO did not draft the legislation
• But, DCEO is required to follow the language of
the Enterprise Zone Act as amended by PA 97-905
• Cannot reverse any explicit policy decisions made
by the General Assembly – as written in the
legislation
10. Public Act 97-905
• Ten new statutory criteria to qualify as an
enterprise zone – old criteria deleted from Act
(instead of having a sunset)
• Creation of Enterprise Zone Board to approve
or deny enterprise zone applications
• DCEO scores applications on criteria, but
Board makes ultimate decision
11. Public Act 97-905
• Fees capped and a fee schedule must be filed
with DCEO by “April 1 of each year” for DCEO
to “review and approve”
• No new zones created
• An “automatic” extension of enterprise zones
scheduled to expire before July 1, 2016
• 15 year term for new enterprise zones with a
review “after 13 years for an additional 10-
year designation”
13. Proposed Rulemaking
• Italicized type is taken directly from the Act
• Sections of the Administrative Rules not listed
would not be changed; only sections where
additions or deletions are included in the
rulemaking notice
14. JCAR Process
• Emergency Rules went into effect on March 28,
2013 and will expire on August 25, 2013
• Copy of published rules in the packet provided by
IEZA; also available on Secretary of State website
• First Notice period for proposed rules began on
April 12, 2013 and will expire on May 27, 2013
• DCEO can make changes to the proposed rules as
a result of comments received
15. Additional Comments
• Submit any other comments in writing to:
Jolene Clarke
Rules Administrator
Dept. of Commerce &Economic Opportunity
500 E. Monroe
Springfield, IL 62701
• The comments are reported as an ex parte
communication, but there is a written record
that greatly simplifies the reporting process.
16. Public Comments
• Constructive comments are encouraged
• Specificity about issues and language helps
• DCEO cannot give you specific legal advice
about your enterprise zone
