ILLINOIS · 2020. 11. 30. · Executive Order In Response to COVID-19 (COVID-19 Executive Order No. 67) ... 1800.210 General Duties of All Video Gaming Licensees 1800.220 Continuing

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



2020-71………………...........................................................................18794

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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



6 January 27, 2020 February 7, 2020

7 February 3, 2020 February 14, 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



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.


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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

[email protected]

13) Initial Regulatory Flexibility Analysis:


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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:


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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


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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


1800.520 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


1800.615 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


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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


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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


1800.1220 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


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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


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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


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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.


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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



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DEPARTMENT OF NATURAL RESOURCES


1) Heading of the Part: Boat and Snowmobile Registration and Safety



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


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


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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


included on either of the 2 most recent agendas because these amendments were not

known at the time of filing the Regulatory Agenda.



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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 ____________.


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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


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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.


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


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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.


20



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;


20



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


20



One Natural Resources Way

Springfield IL 62702-1271


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.


20



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.



20

DEPARTMENT OF REVENUE

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Income Tax


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



9) Does this rulemaking contain incorporations by reference? Proposed rulemaking

incorporates the definition of "data center" found in 20 ILCS 605/605-1025(c).



100.3220 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.


20



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


217/782-2844



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;


20




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:


20



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)


20



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


Groups: Treatment by Members of the Unitary Business Group (IITA Section

202) − Definitions



202) − Current Net Operating Losses: Offsets Between Members



202) − Carrybacks and Carryforwards


Groups: Treatment by Members of the Unitary Business Group: (IITA Section

202) − Effect of Combined Net Operating Loss in Computing Illinois Base

Income


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


20



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))


20



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


20



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)


20



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


20



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)


20



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)


20



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)


20



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]


20



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,


20



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;


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,


20



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;


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;


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;


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))


20



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


20



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.


20



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 ____________)


20

SECRETARY OF STATE


1) Heading of the Part: Public Library Non-Resident Services



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


8) Does this rulemaking contain any automatic repeal date? No


10) Are there any other rulemakings pending on this Part? No


20

SECRETARY OF STATE


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


217/558-4185

[email protected]



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



20

SECRETARY OF STATE


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


20

SECRETARY OF STATE


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.


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.


20

SECRETARY OF STATE


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.


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.


20

SECRETARY OF STATE


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.


20

SECRETARY OF STATE


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.


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.



20



1) Heading of the Part: The Administration and Operation of the State Employees'

Retirement System of Illinois



1540.80 Amendment


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




20






1540.80 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


217/524-8105

fax: 217/557-3943

[email protected]



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.


20




anticipated by the System when the most recent regulatory agendas were published.



20



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


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)


20



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;


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


20



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;


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;


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,


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


20



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).


20



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


20



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


20



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.


20



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


20



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.


20




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.



20

ILLINOIS COMMUNITY COLLEGE BOARD

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Administration of the Illinois Public Community College Act


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



1501.507 Amendment

1501.801 Amendment



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.


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.


20



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.


15) Are there any rulemakings pending on this Part? Yes









1501.303 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.


20



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.


217/785-7411

[email protected]

The full text of the Adopted Amendments begins on the next page:


20



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


20



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


1501.309 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


SUBPART E: FINANCE

Section


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)


20



1501.509 Workforce Preparation Grants (Repealed)


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


1501.602 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)


1501.608 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)


20



SUBPART H: PERSONNEL

Section


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


20



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;


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.


20



"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


20



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


20



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


20



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.


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.


20



"Associate in Fine Arts Degree" means an award for the satisfactory


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


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


20



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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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.


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.


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


20



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


20



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).


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


20



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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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;


20



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


20



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


20



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.


20



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.


Section 1501.309 Course Classification and Applicability

a) Course Classification. Information on courses for which credit is to be awarded


20



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).


20



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.


20



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.


20



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:


20



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.


20




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.


20



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


20



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.


20



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


20



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;


20



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.



20



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


20



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


20



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


20



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


20



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.


20



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.


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.


20



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.


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


20



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


20



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.


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.



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OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Procedures and Standards


3) Section Number: Adopted Action:


4) Statutory Authority: 625 ILCS 5/2-104(b) and Gubernatorial Executive Order number

2020-08.

5) Effective Date of Rule: November 13, 2020



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


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.


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:





20













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


217/785-3094

[email protected]

The full text of the Adopted Amendment begins on the next page:


20



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



1001.220 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


20



Section



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


1001.420 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


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Section



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



1001.620 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



1001.720 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


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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;


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,


20



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;


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.


20



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.



20



1) Heading of the Part: Rules Of The Road − Persons With Disabilities Parking Program



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.






9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 11764; July 17, 2020


11) Differences between Proposal and Final Version: None


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.



20



Secretary of State

Pamela Wright

298 Howlett Building


217/785-3094

[email protected]



20



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.


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


20



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.



20



1) Heading of the Part: State Universities Civil Service System



250.110 Amendment

4) Statutory Authority: State Universities Civil Service Act 110 ILCS 70






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).


agreements issued by JCAR? Yes


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


20



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.


Jeff Brownfield

Executive Director

State Universities Civil Service System

1717 Philo Road, Suite 24

Urbana IL 61802

217/278-3150

[email protected]



20



TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES

SUBTITLE A: MERIT EMPLOYMENT SYSTEMS

CHAPTER VI: STATE UNIVERSITIES CIVIL SERVICE SYSTEM

PART 250


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


20



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;


effective November 13, 2007; amended at 32 Ill. Reg. 17268, effective October 16, 2008;


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.


20



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.


20



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.


20



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).


20



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.


20



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


20



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


20



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


20



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;


20



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.


20



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


20



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


20



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.


20



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


20



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


20



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


20



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.


20



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;


20



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,


20



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.


20



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


20



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


20



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;


20



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.


20



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


20



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


20



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


20



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.


20



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.


20



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.


20



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.


20



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


20



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


20



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


20



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


20



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,


20



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


20



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


20



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


20



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.


20





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


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,


20

EXECUTIVE ORDERS

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.


20

EXECUTIVE ORDERS

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


20

EXECUTIVE ORDERS

2020-71

EXECUTIVE ORDER 2020-71


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,


20

EXECUTIVE ORDERS

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):


20

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):


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.


20

EXECUTIVE ORDERS

Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):


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):


2020.

Executive Order 2020-24 (Illinois Department of Human Services Forensic

Treatment Program; investigations of Illinois Department of Human Services

employees):


2020.

Executive Order 2020-25 (Garnishment and wage deductions):



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):


2020.


20

EXECUTIVE ORDERS

Executive Order 2020-28 (Industrial radiography certifications):



Executive Order 2020-29 (In-person education or exams for professional insurance

licenses):


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):


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):


2020.

Executive Order 2020-40 (Child Labor Law):


December 12, 2020.

Executive Order 2020-41 (Sports wagering):


20

EXECUTIVE ORDERS


2020.

Executive Order 2020-42 (State Fairs):


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):


2020.

Executive Order 2020-50 (Resuming transfers from county jails to Illinois

Department of Corrections):


2020.

Executive Order 2020-53 (Region 7 mitigations):


2020.



2020.

Executive Order 2020-57 (Cannabis identification cards):


20

EXECUTIVE ORDERS


2020.



2020.

Executive Order 2020-61 (Regions 7 and 8 mitigations):


2020.

Executive Order 2020-62 (Region 1 Tier 2 mitigations):


2020.

Executive Order 2020-63 (Regions 4 and 10 mitigations):


2020.



2020.



2020.



2020.



20

EXECUTIVE ORDERS


2020.

Executive Order 2020-68 (Cannabis registry identification card renewals):


2020.



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.




20

EXECUTIVE ORDERS

2020-72

EXECUTIVE ORDER IN RESPONSE TO COVID-19


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,



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,


20

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


20

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.


20

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.




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,


20

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



disaster area; and,

WHEREAS, on August 21, 2020, due to the resurgence of COVID-19 in Illinois, the continuing



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


20

PROCLAMATION

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


20

PROCLAMATION

maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission

indoors; and,



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


20

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.


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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.



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