illinois...iv introduction the illinois register is the official state document for publishing...

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

i

TABLE OF CONTENTS

February 16, 2021 Volume 45, Issue 7

PROPOSED RULES AGING, DEPARTMENT ON

General Programmatic Requirements

89 Ill. Adm. Code 220............................................................................1753

Older Americans Act Programs

89 Ill. Adm. Code 230............................................................................1764

EDUCATION, ILLINOIS STATE BOARD OF

Public Schools, Evaluation, Recognition and Supervision

23 Ill. Adm. Code 1................................................................................1777

Student Online Personal Protection

23 Ill. Adm. Code 380............................................................................1802

ADOPTED RULES EDUCATIONAL LABOR RELATIONS BOARD, ILLINOIS

General Procedures

80 Ill. Adm. Code 1100..........................................................................1808

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Genetic Counselor Licensing Act

68 Ill. Adm. Code 1251..........................................................................1814

Marriage and Family Therapy Licensing Act

68 Ill. Adm. Code 1283..........................................................................1818

Naprapathic Practice Act

68 Ill. Adm. Code 1295..........................................................................1828

Professional Counselor and Clinical Professional Counselor Licensing

Act

68 Ill. Adm. Code 1375..........................................................................1837

The Illinois Speech-Language Pathology and Audiology Practice Act

68 Ill. Adm. Code 1465..........................................................................1849

The Structural Engineering Practice Act of 1989

68 Ill. Adm. Code 1480..........................................................................1856

LABOR RELATIONS BOARD, ILLINOIS

General Procedures

80 Ill. Adm. Code 1200..........................................................................1865

Representation Proceedings

80 Ill. Adm. Code 1210..........................................................................1872

Unfair Labor Practice Proceedings

80 Ill. Adm. Code 1220..........................................................................1880

Impasse Resolution

80 Ill. Adm. Code 1230..........................................................................1887

Gubernatorial Designation of Positions Excluded from Collective

Bargaining (Repealer)

ii

80 Ill. Adm. Code 1300..........................................................................1896

NATURAL RESOURCES, DEPARTMENT OF

Sport Fishing Regulations For the Waters of Illinois

17 Ill. Adm. Code 810............................................................................1898

REVENUE, DEPARTMENT OF

Income Tax

86 Ill. Adm. Code 100............................................................................2006

TREASURER, OFFICE OF THE STATE

College Savings Pool

23 Ill. Adm. Code 2500..........................................................................2052

EMERGENCY RULES AGRICULTURE, DEPARTMENT OF

Illinois Pesticide Act

8 Ill. Adm. Code 250..............................................................................2071

PUBLIC HEALTH, DEPARTMENT OF

Assisted Living and Shared Housing Establishment Code (Emergency

Amendment to Emergency Rule)

77 Ill. Adm. Code 295............................................................................2076

Sheltered Care Facilities Code (Emergency Amendment to Emergency

Rule)

77 Ill. Adm. Code 330............................................................................2084

Illinois Veterans' Homes Code (Emergency Amendment to Emergency

Rule)

77 Ill. Adm. Code 340............................................................................2098

Intermediate Care for Developmentally Disabled Facilities Code

(Emergency Amendment to Emergency Rule)

77 Ill. Adm. Code 350............................................................................2108

Community Living Facilities Code (Emergency Amendment to

Emergency Rule)

77 Ill. Adm. Code 370............................................................................2123

Specialized Mental Health Rehabilitation Facilities Code


77 Ill. Adm. Code 380............................................................................2133

Medically Complex for the Developmentally Disabled Facilities Code


77 Ill. Adm. Code 390............................................................................2141

PEREMPTORY RULES HUMAN SERVICES, DEPARTMENT OF

Supplemental Nutrition Assistance Program (SNAP)

89 Ill. Adm. Code 121............................................................................2154

NOTICE OF CORRECTIONS SECRETARY OF STATE, OFFICE OF THE

School Bus Driver Permit

92 Ill. Adm. Code 1035..........................................................................2166

iii

SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received...............................................................................2167

iv

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 2021

Issue# Rules Due Date Date of Issue

1 December 21, 2020 January 4, 2021

2 December 28, 2020 January 8, 2021

3 January 4, 2021 January 15, 2021



6 January 25, 2021 February 5, 2021

7 February 1, 2021 February 16, 2021



10 February 22, 2021 March 5, 2021

11 March 1, 2021 March 12, 2021

12 March 8, 2021 March 19, 2021

13 March 15, 2021 March 26, 2021

14 March 22, 2021 April 2, 2021

15 March 29, 2021 April 9, 2021

16 April 5, 2021 April 16, 2021

17 April 12, 2021 April 23, 2021

18 April 19, 2021 April 30, 2021

19 April 26, 2021 May 7, 2021

20 May 3, 2021 May 14, 2021

21 May 10, 2021 May 21, 2021

v

22 May 17, 2021 May 28, 2021

23 May 24, 2021 June 4, 2021

24 June 1, 2021 June 11, 2021

25 June 7, 2021 June 18, 2021

26 June 14, 2021 June 25, 2021

27 June 21, 2021 July 2, 2021

28 June 28, 2021 July 9, 2021

29 July 6, 2021 July 16, 2021

30 July 12, 2021 July 23, 2021

31 July 19, 2021 July 30, 2021

32 July 26, 2021 August 6, 2021

33 August 2, 2021 August 13, 2021

34 August 9, 2021 August 20, 2021

35 August 16, 2021 August 27, 2021

36 August 23, 2021 September 3, 2021

37 August 30, 2021 September 10, 2021

38 September 7, 2021 September 17, 2021

39 September 13, 2021 September 24, 2021

40 September 20, 2021 October 1, 2021

41 September 27, 2021 October 8, 2021

42 October 4, 2021 October 15, 2021

43 October 12, 2021 October 22, 2021

44 October 18, 2021 October 29, 2021

45 October 25, 2021 November 5, 2021

46 November 1, 2021 November 12, 2021



49 November 22, 2021 December 3, 2021

50 November 29, 2021 December 10, 2021

51 December 6, 2021 December 17, 2021



ILLINOIS REGISTER 1753

21

DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: General Programmatic Requirements

2) Code Citations: 89 Ill. Adm. Code 220

3) Section Numbers: Proposed Actions:

220.500 Amendment

220.501 Repealed

220.502 Repealed

220.503 Repealed

220.504 Repealed

220.505 Repealed

220.506 Repealed

220.507 Repealed

220.508 Repealed

220.509 Repealed

220.510 Repealed

220.511 Repealed

220.512 Repealed

220.513 Repealed

220.514 Repealed

220.515 Repealed

220.516 Repealed

220.517 Repealed

220.518 Repealed

220.519 Repealed

220.520 Repealed

4) Statutory Authority: 20 ILCS 105/4, 4.01(4), 4.01(11), and 4.02; 5 ILCS 100

5) A Complete Description of the Subjects and Issues Involved: This proposed Part is a

companion to a proposed amendment in Part 230. This rulemaking seeks to update the

appeals process, remove it from Part 220, and include it in the appropriate Part 230.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? No

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


21

DEPARTMENT ON AGING


9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a

State mandate.

12) Time, Place and Manner in which interested persons may comment on this proposed

rulemaking: Interested persons may present their comments concerning this rulemaking

within 45 days after the publication of this issue of the Illinois Register to:

James Shovlin

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100

Springfield IL 62702-1271

217/524-7945

[email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations

affected: Provider agencies contracting with the Department may be affected by

this rulemaking.

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: This rulemaking will not have an adverse impact on

small businesses.

15) Regulatory Agenda on which this rulemaking was summarized: July 2020

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


21

DEPARTMENT ON AGING


TITLE 89: SOCIAL SERVICES

CHAPTER II: DEPARTMENT ON AGING

PART 220

GENERAL PROGRAMMATIC REQUIREMENTS

Section

220.100 Confidentiality and Disclosure of Information

220.200 Client Cooperation

220.300 Referral Requirements

220.400 Other Resources Supporting the Cost of In-Home Care Services

220.500 Appeals and Fair Hearings

220.501 Initiation of Appeal Process (Repealed)

220.502 Request for Hearing or Appeal (Repealed)

220.503 Place of Filing (Repealed)

220.504 Responsibility of Department or Area Agency on Aging (Repealed)

220.505 Informal Review (Repealed)

220.506 Hearing Officer (Repealed)

220.507 Notice of Hearing (Repealed)

220.508 Representation of Appellant (Repealed)

220.509 Appellant Participation in Hearing (Repealed)

220.510 Amendment of Appeal (Repealed)

220.511 Consolidation of Appeals (Repealed)

220.512 Postponement of Hearing (Repealed)

220.513 Withdrawal of Appeal (Repealed)

220.514 Evidentiary Requirements (Repealed)

220.515 Closing of Hearing Record (Repealed)

220.516 Dismissal of Appeals (Repealed)

220.517 Transcript (Repealed)

220.518 Decision (Repealed)

220.519 Notice of Decision to Appellant (Repealed)

220.520 Public Review (Repealed)

220.600 Case Coordination Unit Minimum Standards

220.605 Case Management Staff Requirements and Qualifications

220.610 Case Coordination Unit Procurement

220.615 Procurement Cycle (Repealed)

220.620 Definition of Case Coordination Unit Request For Proposal (Repealed)

220.625 Issuance of Case Coordination Unit Proposal and Guidelines (Repealed)

220.630 Content of Case Coordination Unit Request For Proposal Documents


21

DEPARTMENT ON AGING


220.635 Review of Case Coordination Unit Proposals

220.640 Recommendations for Case Coordination Unit Designation

220.645 Designation of Case Coordination Units and Award of Contracts/Grants

220.650 Objection to Case Coordination Unit Designation Decision

220.655 Replacement of a Case Coordination Unit

220.660 Performance Reviews of Case Coordination Units

220.665 Case Coordination Unit Compliance (Repealed)

220.670 Sanctions for Case Coordination Unit Failure to Comply with Case Management

Contract/Grant

220.675 Sanction Notification and Case Coordination Unit Right to Appeal

APPENDIX A Names and Addresses of Area Agencies on Aging by Planning and

Service Area (Repealed)

AUTHORITY: Implementing and authorized by Section 4.01 of the Illinois Act on the Aging

[20 ILCS 105].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; codified at 8 Ill. Reg. 19310;

amended at 15 Ill. Reg. 18603, effective December 13, 1991; emergency amendment at 17 Ill.

Reg. 1179, effective January 11, 1993, for a maximum of 150 days; amended at 17 Ill. Reg.

8472, effective June 9, 1993; amended at 22 Ill. Reg. 3426, effective February 1, 1998; amended

at 26 Ill. Reg. 9652, effective July 1, 2002; amended at 45 Ill. Reg. ______, effective

____________.

Section 220.500 Appeals and Fair Hearings

Appeals will be conducted in accordance with 89 Ill. Adm. Code 230.Subpart E.The following

provisions shall be applicable to all appeals and requests for hearings under this rule.

(Source: Amended at 45 Ill. Reg. ______, effective ____________)

Section 220.501 Initiation of Appeal Process (Repealed)

a) The appeal process is initiated effective with the date a written request for a

hearing is received by the Department or the area agency on aging, as appropriate.

b) Any request for a hearing or appeal not filed within the applicable time period

shall be dismissed by the Department. (Refer to 89 Ill. Adm. Code 230.440 and

240.410.)


21

DEPARTMENT ON AGING


(Source: Repealed at 45 Ill. Reg. ______, effective ____________)

Section 220.502 Request for Hearing or Appeal (Repealed)

The request for a hearing or appeal shall be in writing and shall include:

a) The name of the person or agency filing the appeal.

b) The name of the person or agency in whose behalf the appeal is filed.

c) The specific action being appealed, including the date of the notice advising the

appellant of the action and the effective date of the action.

d) Other information required by 89 Ill. Adm. Code 230.440 or 240.400, as

applicable.


Section 220.503 Place of Filing (Repealed)

a) All requests for hearings or appeals to the Department shall be filed with:

Hearing Coordinator

Department on Aging

421 East Capitol Avenue

Springfield, Illinois 62701

b) All requests for hearings or appeals to an area agency on aging shall be filed with:

Executive Director

Appropriate Area Agency on Aging (Appendix A)


Section 220.504 Responsibility of Department or Area Agency on Aging (Repealed)

Upon receipt of a request for hearing or appeal, the Department or area agency on aging, as

appropriate, shall stamp the notice with the date received, assign request a number and notify the


21

DEPARTMENT ON AGING


appellant and all other parties to the appeal, of receipt of the appeal. This notification shall be by

Registered Mail: Return Receipt Requested. The Department or area agency on aging, as

appropriate, shall examine all applicable information to ascertain if it has jurisdiction to conduct

the hearing and may permit amendments to the appeal. Appellant shall be afforded a hearing on

any motion to dismiss based on a lack of jurisdiction. Where, after hearing, the Department or

area agency on aging, as appropriate, determines it does not have jurisdiction over the parties or

the subject matter, the petition will be dismissed.


Section 220.505 Informal Review (Repealed)

a) Upon the initiation of an appeal, the Department or area agency on aging, as

appropriate, shall immediately conduct an informal review of the action which has

served as the basis for the appeal and, if indicated, reverse or modify the decision,

or take other action as necessary.

b) If the issues being appealed are not resolved by the informal review, a formal

hearing shall be conducted.


Section 220.506 Hearing Officer (Repealed)

All hearings will be conducted by an impartial Hearing Officer authorized by the Department

Director or area agency on aging, as appropriate, to conduct hearings, who has not participated in

the action being appealed.


Section 220.507 Notice of Hearing (Repealed)

Each hearing shall be conducted at a reasonable time, date and place. Ten (10) days preliminary

written notice of the hearing shall be provided to the appellant. Notice shall be provided to the

appellant, and all other parties to the appeal, by Registered Mail: Return Receipt Requested.


Section 220.508 Representation of Appellant (Repealed)


21

DEPARTMENT ON AGING


The Appellant may represent himself at the hearing, or may be represented by legal counsel or

other authorized representative and not be present at the hearing. Action or inaction of an

authorized representative shall be deemed to be action or inaction of the appellant.


Section 220.509 Appellant Participation in Hearing (Repealed)

The appellant and/or his representative shall have the opportunity to:

a) Present evidence and witnesses in behalf of the appellant.

b) Examine the appellant's case record and obtain copies of case record material for

the purpose of establishing all pertinent facts and circumstances upon payment of

a charge for reproduction.

c) Advance any arguments without undue interference.

d) Refute testimony or other evidence and cross-examine witnesses.


Section 220.510 Amendment of Appeal (Repealed)

A request to amend an appeal may be made in writing prior to the hearing, or at the hearing. The

appeal may be amended only if, in the judgment of the Hearing Officer, the amendment is

germane to the subject matter of the original request for an appeal hearing.


Section 220.511 Consolidation of Appeals (Repealed)

a) The Department or area agency on aging, as appropriate, may consolidate a

number of individual appeals for the purpose of conducting a single group hearing

if it is determined that all of the appeals involve the same issues.

b) Each appellant may, at his option, withdraw from the group and present his appeal

individually.


21

DEPARTMENT ON AGING



Section 220.512 Postponement of Hearing (Repealed)

a) A Hearing may be postponed or continued for a reasonable period at the

discretion of the Department or area agency on aging, as appropriate, for good

cause shown. Death in the family, illness, prior engagement by counsel or

representative, or other sudden and unexpected emergencies shall be considered

good cause for postponement or continuance of a hearing.

1) A request for the postponement or continuance of the hearing can be made

either prior to or at the hearing. Requests for postponement made prior to

the hearing must be made in writing.

2) The filing of a written request for postponement or continuance shall not

preclude the appellant and/or his representative from making a request to

the Hearing Officer at the hearing for postponement or continuance.

3) If the request for continuance or postponement is granted, the parties to

the appeal shall be notified of the new date, time and place by Registered

Mail: Return Receipt Requested.

b) The applicable time period for completion of a hearing shall be extended by the

time of any continuance or postponement granted.


Section 220.513 Withdrawal of Appeal (Repealed)

An appeal may be withdrawn by the appellant and/or his authorized representative either prior to

or at the hearing. A withdrawal must be in writing and signed by the appellant and/or his

representative, or on the record during the hearing.


Section 220.514 Evidentiary Requirements (Repealed)

The hearing shall not be bound by common law or statutory rules of evidence or by technical or


21

DEPARTMENT ON AGING


formal rules of procedure, but shall be conducted in such a manner as seems best calculated to

conform to substantial justice.


Section 220.515 Closing of Hearing Record (Repealed)

At the adjournment of the hearing the record shall be closed and no further evidence may be

submitted by the Department or area agency on aging, as appropriate, or the appellant unless,

prior to the adjournment of the hearing, a request to leave the record open for a specified period

for the submittal of additional evidence was made by the Department or area agency on aging, as

appropriate, and/or the appellant and granted by the Hearing Officer.


Section 220.516 Dismissal of Appeals (Repealed)

a) In the event the appellant and/or his authorized representative does not appear at

the time, date and place designated for the hearing, the appeal shall be deemed

abandoned and shall be dismissed.

b) Refusal of the appellant and/or his authorized representative to proceed with the

hearing shall be deemed a non-appearance, and the appeal shall be deemed

abandoned and shall be dismissed.

c) The appellant and/or his authorized representative shall be informed of the

dismissal by written notice.

d) Request to vacate a dismissal must be in writing and signed by the appellant

and/or his authorized representative. Such requests must be received by the

Department or area agency on aging, as appropriate, not more than ten (10)

calendar days subsequent to the date of the dismissal notice.

e) Dismissals shall be vacated only if good cause for non-appearance is shown.

Good cause is defined as:

1) Death in the family,

2) Personal injury or illness which reasonably prohibits appellant from


21

DEPARTMENT ON AGING


attending the hearing, and/or

3) Sudden and unexpected emergencies.

f) Disposition by dismissal is a final decision.


Section 220.517 Transcript (Repealed)

The decision resulting from the appeal shall become a part of the record of the appeal and a

transcript of the appeal shall be made. Transcript may be made by electronic recording device.


Section 220.518 Decision (Repealed)

The decision resulting from the appeal shall be in writing and shall set forth the facts of the

appeal, and the regulations and reasons upon which the decision is based.

a) The impartial Hearing Officer shall certify to the Director of the Department or

the area agency on aging, as appropriate, the entire record of the hearing and shall

recommend a decision on each issue in the hearing. The impartial Hearing

Officer shall not render a final decision relevant to any issue in the hearing.

b) The final decision resulting from the hearing shall be issued by the Director of the

Department or the area agency on aging, as appropriate.


Section 220.519 Notice of Decision to Appellant (Repealed)

The appellant shall be notified of the decision in writing. This notification shall advise an

appellant under 89 Ill. Adm. Code 230 of the right to appeal the decision and an appellant under

89 Ill. Adm. Code 240 of the right to seek judicial review, if available.


Section 220.520 Public Review (Repealed)


21

DEPARTMENT ON AGING


All hearing records and decisions shall be made available for review by the public.



21

DEPARTMENT ON AGING


1) Heading of the Part: Older Americans Act Programs

2) Code Citations: 89 Ill. Adm. Code 230


230.46 Repealed

230.400 New Section

230.410 Amendment

230.420 Amendment

230.430 Amendment

230.440 Amendment

230.450 New Section

230.460 New Section

230.470 New Section

230.480 New Section

230.490 New Section

230.495 New Section

4) Statutory Authority: Illinois Act on Aging [20 ILCS 105] and the Older Americans Act,

as amended [42 USC 3001 et seq.].

5) A Complete Description of the Subjects and Issues Involved: This proposed Part is a

companion to a proposed repeal in Part 220. This rulemaking seeks to update the appeals

process, remove it from Part 220, and include it in the appropriate Part 230.


rulemaking: None






State mandate.


21

DEPARTMENT ON AGING



rulemaking: Interested persons may present their comments concerning this rulemaking

within 45 days after the publication of this issue of the Illinois Register to:

James Shovlin

Deputy General Counsel

Illinois Department on Aging

One Natural Resources Way, Suite 100


217/524-7945

[email protected]



afftected: Provider agencies contracting with the Department may be affected by

this rulemaking.



14) Small Business Impact Analysis: This rulemaking will not have an adverse impact on

small businesses.

15) Regulatory Agenda on which this rulemaking was summarized: July 2020

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


21

DEPARTMENT ON AGING



CHAPTER II: DEPARTMENT ON AGING

PART 230

OLDER AMERICANS ACT PROGRAMS

SUBPART A: STATE AGENCY

Section

230.10 Designation and Function

230.20 Administration

230.30 State Plan

230.40 State Agency Requirements

230.41 Advocacy

230.42 Long-Term Care Ombudsman Program (Repealed)

230.43 Service Delivery Systems Responsibilities

230.44 State Advisory Council

230.45 Intrastate Funding Formula

230.46 Hearings (Repealed)

230.47 Designation of Planning and Service Areas

SUBPART B: AREA AGENCIES ON AGING

Section

230.110 Designation and Function


230.130 Area Plans

230.140 Withdrawal of Area Agency on Aging Designation

230.145 Continuity of Services

230.150 Area Agency on Aging Responsibilities

SUBPART C: SERVICE REQUIREMENTS

Section

230.210 Direct Provision of Services by the Department and Area Agencies on Aging

230.220 Planning, Coordination and Provision of Services Funded Under Other Programs

230.230 Licensure and Safety Requirements

230.240 Provider Requirements

230.250 Services


21

DEPARTMENT ON AGING


SUBPART D: FISCAL REQUIREMENTS

Section

230.310 Types of Allotments

230.320 Limitations on Use

230.330 Service Funding Requirements

230.340 Obligation of Allotments

230.350 Maintenance of Effort: Non-Federal Share

230.360 General Audit Requirements

230.361 Purpose of Audits

230.362 Audit Engagement Agreement

230.363 Distribution of the Cost of a Unified Audit

230.364 Scope of the Financial and Compliance Audit (Repealed)

230.365 Audit Report

230.366 Resolution of Audit Findings

230.370 Program and Financial Reviews

SUBPART E: HEARINGS

Section

230.400 Purpose and Scope

230.410 Appeals to the Area Agency on AgingHearing Before the Department

230.420 Appeals to the DepartmentHearing Before the Area Agency on Aging

230.430 Request for Appeal to the DepartmentNon-applicability of Hearing Requirements

230.440 Informal ReviewArrangements for Hearings

230.450 Administrative Hearing

230.460 Status Conference

230.470 Conduct of the Hearing

230.480 Dismissals and Withdrawals

230.490 Director's Decision

230.495 Appeal Record

SUBPART F: TITLE III-D

Section

230.510 Target Population

230.520 Eligibility Criteria

230.530 Eligibility Determination


21

DEPARTMENT ON AGING


230.540 Allowable Services

230.550 Maintenance of Effort

230.560 Coordination of Services

230.570 Distribution of Funds

230.580 Area Agency on Aging Administration

SUBPART G: CASE MANAGEMENT SERVICES

Section

230.610 General Requirements for Providers of Case Management Services

230.620 Case Management Service Availability

230.630 Service Activities

230.640 Records and Documentation

230.650 Case Coordination Unit Compliance During Contract/Grant Period

AUTHORITY: Implementing the Illinois Act on the Aging [20 ILCS 105] and the Older

Americans Act, as amended (42 USC 3001 et seq.) and authorized by Section 4.01 of the Illinois

Act on the Aging [20 ILCS 105].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; amended at 6 Ill. Reg. 7379,

effective June 16, 1982; codified at 7 Ill. Reg. 5178; amended at 7 Ill. Reg. 9132, effective July

27, 1983; amended at 8 Ill. Reg. 9330, effective June 15, 1984; amended at 9 Ill. Reg. 5297,

effective April 8, 1985; amended at 10 Ill. Reg. 5787, effective March 27, 1986; recodified at 10

Ill. Reg. 7653, effective April 30, 1986; amended at 10 Ill. Reg. 14616, effective August 26,

1986; amended at 11 Ill. Reg. 3856, effective February 17, 1987; amended at 11 Ill. Reg. 7586,

effective April 8, 1987; amended at 11 Ill. Reg. 15869, effective October 1, 1987; emergency

amendments at 12 Ill. Reg. 12540, effective July 15, 1988, for a maximum of 150 days;

emergency expired December 12, 1988; amended at 13 Ill. Reg. 2015, effective February 1,

1989; amended at 13 Ill. Reg. 3054, effective March 1, 1989; amended at 13 Ill. Reg. 20299,

effective December 15, 1989; amended at 14 Ill. Reg. 2308, effective January 25, 1990; amended

at 15 Ill. Reg. 18642, effective December 13, 1991; amended at 16 Ill. Reg. 15401, effective

September 28, 1992; amended at 18 Ill. Reg. 14072, effective September 1, 1994; amended at 21

Ill. Reg. 8894, effective July 1, 1997; amended at 22 Ill. Reg. 3454, effective February 1, 1998;

amended at 26 Ill. Reg. 9662, effective July 1, 2002; amended at 45 Ill. Reg. ______, effective

____________.

SUBPART A: STATE AGENCY

Section 230.46 Hearings (Repealed)


21

DEPARTMENT ON AGING


In accordance with procedures developed by the Department, the Department shall provide an

opportunity for a hearing to:

a) Any area agency on aging when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan which has

been submitted to the Department by the area agency on aging; or

2) Withdraw from the agency designation as an area agency on aging.

b) Any applicant who establishes eligibility for designation as a planning and service

area pursuant to the requirements of 45 CFR 1321.53 and subsection (g) of this

Section whose application is denied;

c) Any nutrition project specified in 45 CFR 1321.143(b)(1) or in Section

230.250(b)(2)(A)(i) of this Part which an area agency on aging proposes to

defund; and

d) Any service provider whose application to provide services under an area plan is

denied or whose subgrant or contract is suspended, terminated, or not renewed.


SUBPART E: HEARINGS

Section 230.400 Purpose and Scope

The purpose of this Subpart E is to set forth appeal requirements for entities and individuals that

administer, provide, and receive services, or applicants for those services, under an area plan

funded by the Older Americans Act (42 USC 3001 et seq.). This Subpart does not apply to public

hearings required under 42 USC 3025 and 3026.

(Source: Added at 45 Ill. Reg. ______, effective ____________)

Section 230.410 Appeals to the Area Agency on AgingHearing Before the Department

a) The Area Agency on Aging (AAA) shall have an appeal process that includes the

following:


21

DEPARTMENT ON AGING


1) Pursuant to 42 USC 3027(a)(5)(B), the AAA shall have written appeal

procedures for an older individual who is dissatisfied with, or denied,

services under an area plan; and

2) Pursuant to 42 USC 3027(a)(5)(A), the AAA shall have written appeal

procedures for a service provider whose application to provide services

under an area plan is denied or whose subgrant or contract with the AAA

under an area plan is suspended, terminated, or not renewed.

b) Minimum requirements for all appeal procedures before the AAA include the

following:

1) An older individual or his/her representative may make a complaint to the

AAA in either oral or written form. The AAA shall document the oral

complaints in writing;

2) The AAA shall investigate the complaint and act to resolve the matter; and

3) The AAA shall respond in writing within 30 calendar days after receipt of

the complaint. The written response shall include:

A) The date the complaint was received;

B) The nature of the complaint or adverse action and relevant dates;

C) All actions taken to resolve the complaint; and

D) Notice of the right to appeal to the Department, if any.In

accordance with procedures developed by the Department and

Section 2.16 of current rule General Provisions, the Department

shall provide an opportunity for a hearing to:

a) Any area agency on aging when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan which has

been submitted to the Department by the area agency on aging; or

2) Withdraw from the agency designation as an area agency on aging;


21

DEPARTMENT ON AGING


b) Any eligible applicant for designation as a planning and service area under the

provisions of 45 CFR 1321.53 whose application is denied; or

c) Any nutrition project specified in Section 230.250(b)(2)(A)(i) of this Part, which

an area agency proposes to defund.


Section 230.420 Appeals to the DepartmentHearing Before the Area Agency on Aging

The Department will allow appeals by the following:

a) An older individual or his/her representative who is appealing the AAA's decision

under Section 230.410(a)(1);

b) A service provider whose application to provide services, under grants or

contracts directly awarded by the Department, is denied or terminated;

c) Any eligible applicant for designation as a planning and service area under the 45

CFR 1321.29(a) (2019) whose application is denied;

d) Any AAA when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan that has been

submitted to the Department by the AAA; or

2) Reject the AAA's recommendation to designate a service provider.In

accordance with procedures developed by the Department, an area agency

on aging shall provide an opportunity for a hearing to:Any service

provider, including a nutrition project for whom the provisions of Section

230.410(c) of this subpart are not applicable, whose application to provide

services under the area plan is denied or whose subgrant or contract is

suspended, terminated or not renewed.


Section 230.430 Request for Appeal to the DepartmentNon-applicability of Hearing

Requirements


21

DEPARTMENT ON AGING


a) Timing of the Appeal

1) An older individual who is appealing the AAA's grievance response must

submit an appeal within 60 calendar days after receiving the response.

2) All other appeals must be submitted within 15 calendar days after notice

of adverse action.

b) All appeals to the Department shall be submitted to:

Office of General Counsel

Department on Aging

One Natural Resources Way

Springfield, Illinois 62702

c) The request for appeal shall contain the following information:

1) The name of the appellant, including email address, phone number, and

mailing address;

2) The name of the authorized representative, if applicable, including email

address, phone number, and mailing address;

3) A short statement of alleged facts that includes the adverse action and

relevant dates; and

4) A short statement identifying the relief sought, explaining the reasons

relief should be granted, and citing the authority relied upon.The

provisions for a hearing do not apply to a service provider when the

aggrieved action has been taken pursuant to the provisions of 45 CFR 74,

Subpart M.


Section 230.440 Informal ReviewArrangements for Hearings

The Office of General Counsel, with appropriate Department Staff, will review the appeal and

make a recommendation to the Director.


21

DEPARTMENT ON AGING


a) Request for hearing

A written request for a hearing shall be filed by the aggrieved agency or

organization with the Department or the area agency on aging, as appropriate,

within 30 days following receipt of the notice of adverse action.

b) Petition to Accompany Request for Hearing

At the time of filing the request for hearing, a petition shall be filed in

substantially the following form:

1) The petition shall be captioned designating the party requesting the

hearing as a petitioner, versus the party taking the aggrieved of action to

be designated as respondent.

2) The petition shall contain separate paragraphs containing the following:

A) Allegations of facts indicating the capacity to be a petitioner.

B) Reference to applicable sections of the statute or rules and

regulations granting jurisdiction to the Department or area agency

on aging, as appropriate, to conduct a hearing or appeal.

C) Reference to the particular sections of the statute or rules alleged to

have been violated.

D) Allegations setting forth the respects in which petitioner's rights

have been adversely affected or violated by the action taken.

E) Allegations setting forth the date of the adverse action complained

of.

3) The petition shall have attached thereto, affidavits, records, copies of

notices of adverse action, or other evidence supporting its allegations.

c) Time Limitations

1) The hearing shall be completed with 120 days following the date that the

request for hearing was received by the Department or area agency on

aging, as appropriate, extended by any postponements.


21

DEPARTMENT ON AGING


2) The hearing decision shall be issued within 60 days after the hearing is

completed.

d) Termination of Formal Hearing Procedures

The Department or area agency on aging, as appropriate, may terminate formal

hearing procedures at any point if the Department or area agency on aging, as

appropriate, and agency or organization that requested the hearing negotiate a

written agreement that resolves the issue(s) which led to the hearing.


Section 230.450 Administrative Hearing

a) The Department will provide an opportunity for hearing, after the informal review

process has been completed, to the following:

1) Any AAA, upon request, when the Department proposes to:

A) Disapprove the area plan or any amendment to the area plan that

has been submitted to the Department by the AAA; or

B) Reject the AAA's recommendation to designate a service provider;

2) A service provider, upon request, whose application to provide services,

under grants or contracts awarded directly by the Department, is denied or

terminated; and

3) An older individual whose eligibility for services was terminated.

b) All hearings shall be conducted by an impartial Hearing Officer authorized by the

Department Director to conduct the hearings.

c) The provisions for an appeal and hearing do not apply to an adverse action taken

pursuant to the provisions of 45 CFR 75, Subpart D or 2 CFR 200, Subpart D.


Section 230.460 Status Conference


21

DEPARTMENT ON AGING


a) The Hearing Officer may schedule status conferences to consider and decide

issues that will aid in the disposition of the hearing.

b) The Hearing Officer may consolidate matters in the interest of convenience

whenever it can be done without prejudicing either party.

c) The Hearing Officer may facilitate the exchange of discovery among the parties

before the hearing.


Section 230.470 Conduct of the Hearing

a) The hearing shall be conducted in accordance with Article 10 of the Illinois

Administrative Procedure Act [5 ILCS 100], unless otherwise specified in this

Part.

b) The hearing shall be recorded and made part of the case record.

c) The hearing may be conducted by telephone or other electronic means.

d) Continuances may be granted.

e) The Hearing Officer shall recommend a decision on each issue to the Director.


Section 230.480 Dismissals and Withdrawals

a) The appellant may withdraw the appeal at any time.

b) If the appellant fails to cooperate with the Department during the informal review

process or fails to attend the hearing, the appeal is considered abandoned and will

be dismissed.

c) Within 10 calendar days after the date of the dismissal notice, the

appellant/authorized representative may submit a written request to reinstate the

appeal. The dismissal will be vacated if good cause can be shown for the non-

cooperation that led to the dismissal.


21

DEPARTMENT ON AGING



Section 230.490 Director's Decision

a) The decision resulting from the appeal shall be made in writing no later than 60

calendar days after receiving the recommendation. The appellant/authorized

representative and all other parties to the appeal shall be notified.

b) A decision shall be issued by the Director upholding, modifying, or reversing the

recommendation.

c) The Director's decision resulting from the appeal shall be final and become part of

the appeal record.


Section 230.495 Appeal Record

At any time within 5 years after the date of the release of the Director's decision, the

appellant/authorized representative may review the appeal record. The appeal record, including

documents presented at the proceedings, findings of fact, and findings of law, will be made

available by the Department upon request. The Springfield office of the Department is the only

location where the appeal record may be reviewed.



21

ILLINOIS STATE BOARD OF EDUCATION


1) Heading of the Part: Public Schools Evaluation, Recognition and Supervision

2) Code Citation: 23 Ill. Adm. Code 1


1.280 Amendment

1.285 Amendment

4) Statutory Authority: 105 ILCS 5/2-3.6

5) A Complete Description of the Subjects and Issues Involved: Currently, Section 1.285

allows for the use of both prone and supine restraints under certain parameters. However,

those parameters will expire effective July 1, 2021. Therefore, Section 1.285(d)(5) is

amended to: (a) prohibit the use of prone restraints in all circumstances; and (b) prohibit

supine restraints unless certain parameters are met.  


rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? Yes



10) Are there any other rulemakings pending on this Part? Yes

Section Numbers: Proposed Actions: Illinois Register Citations:

1.97 Amendment 44 Ill. Reg. 10322; June 19, 2020

1.30 Amendment 44 Ill. Reg. 12073; July 4, 2020


1.323 New Section 44 Ill. Reg. 12073; July 4, 2020





1.20 Amendment 44 Ill. Reg. 14484; September 11, 2020




21








1.735 Repealed 44 Ill. Reg. 14484; September 11, 2020










1.Appendix A Amendment 44 Ill. Reg. 14484; September 11, 2020

1.Appendix I New Section 44 Ill. Reg. 14484; September 11, 2020

1.430 Amendment 44 Ill. Reg. 16402; October 9, 2020

1.440 Amendment 44 Ill. Reg. 16402; October 9, 2020

1.420 Amendment 44 Ill. Reg. 19383; December 18, 2020


11) Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a

State mandate.


rulemaking: Written comments may be submitted within 45 days of the publication of

this Notice to:

Azita Kakvand

Illinois State Board of Education

100 North First Street


217/782-6510

[email protected]



21




affected: None



14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

anticipated at the time the Regulatory Agenda was filed.

The full text of the Proposed Amendments begin on the next page:


21



TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER I: STATE BOARD OF EDUCATION

SUBCHAPTER a: PUBLIC SCHOOL RECOGNITION

PART 1

PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION

SUBPART A: RECOGNITION REQUIREMENTS

Section

1.10 Public School Accountability Framework

1.20 Operational Requirements

1.30 State Assessment

1.40 Adequate Yearly Progress

1.50 Calculation of Participation Rate

1.60 Subgroups of Students; Inclusion of Relevant Scores

1.70 Additional Indicators for Adequate Yearly Progress

1.75 Student Information System

1.77 Educator Licensure Information System (ELIS)

1.79 School Report Card

1.80 Academic Early Warning and Watch Status

1.85 School and District Improvement Plans; Restructuring Plans

1.88 Additional Accountability Requirements for Districts Serving Students of Limited

English Proficiency under Title III

1.90 System of Rewards and Recognition − The Illinois Honor Roll

1.95 Appeals Procedure

1.97 Survey of Learning Conditions

1.100 Waiver and Modification of State Board Rules and School Code Mandates

1.110 Appeal Process under Section 22-60 of the School Code

SUBPART B: SCHOOL GOVERNANCE

Section

1.210 Approval of Providers of Training for School Board Members under Section 10-

16a of the School Code

1.220 Duties of Superintendent (Repealed)

1.230 Board of Education and the School Code (Repealed)

1.240 Equal Opportunities for all Students


21



1.242 Temporary Exclusion for Failure to Meet Minimum Academic or Attendance

Standards

1.245 Waiver of School Fees

1.250 District to Comply with 23 Ill. Adm. Code 180 (Repealed)

1.260 Commemorative Holidays to be Observed by Public Schools (Repealed)

1.270 Book and Material Selection (Repealed)

1.280 Discipline

1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint

1.290 Absenteeism and Truancy Policies

SUBPART C: SCHOOL DISTRICT ADMINISTRATION

Section

1.310 Administrative Qualifications and Responsibilities

1.320 Evaluation of Licensed Educators

1.323 Teacher Evaluation Ratings During a Declared Gubernatorial Disaster

1.325 Teacher Remediation Plan During a Declared Gubernatorial Disaster

1.330 Toxic Materials Training

SUBPART D: THE INSTRUCTIONAL PROGRAM

Section

1.410 Determination of the Instructional Program

1.420 Basic Standards

1.421 Remote and Blended Remote Learning Days

1.422 Electronic Learning (E-Learning) Days Pilot Program

1.423 Competency-Based High School Graduation Requirements Pilot Program

1.425 Additional Criteria for Physical Education

1.430 Additional Criteria for Elementary Schools

1.440 Additional Criteria for High Schools

1.442 State Seal of Biliteracy (Repealed)

1.443 Illinois Global Scholar Certificate

1.445 Required Course Substitute

1.450 Special Programs (Repealed)

1.460 Credit Earned Through Proficiency Examinations

1.462 Uniform Annual Consumer Education Proficiency Test (Repealed)

1.465 Ethnic School Foreign Language Credit and Program Approval

1.470 Adult and Continuing Education

1.480 Correctional Institution Educational Programs


21



SUBPART E: SUPPORT SERVICES

Section

1.510 Transportation

1.515 Training of School Bus Driver Instructors

1.520 Home and Hospital Instruction

1.530 Health Services

1.540 Undesignated Emergency Medications in Schools: Epinephrine; Opioid

Antagonists; Asthma Medication

SUBPART F: STAFF LICENSURE REQUIREMENTS

Section

1.610 Personnel Required to be Qualified

1.620 Accreditation of Staff (Repealed)

1.630 Paraprofessionals; Other Unlicensed Personnel

1.640 Requirements for Different Certificates (Repealed)

1.650 Transcripts of Credits

1.660 Records of Professional Personnel

SUBPART G: STAFF QUALIFICATIONS

Section

1.700 Requirements for Staff Providing Professional Development

1.705 Requirements for Supervisory and Administrative Staff

1.710 Requirements for Elementary Teachers

1.720 Requirements for Teachers of Middle Grades

1.730 Minimum Requirements for Secondary Teachers and Specified Subject Area

Teachers in Grades 6 and Above through June 30, 2004

1.735 Requirements to Take Effect from July 1, 1991, through June 30, 2004

1.736 Requirements to Take Effect from July 1, 1994, through June 30, 2004

1.737 Minimum Requirements for the Assignment of Teachers in Grades 9 through 12

Beginning July 1, 2004

1.740 Standards for Reading through June 30, 2004

1.745 Requirements for Reading Teachers and Reading Specialists at all Levels as of

July 1, 2004

1.750 Standards for Media Services through June 30, 2004

1.755 Requirements for Library Information Specialists Beginning July 1, 2004


21



1.760 Standards for School Support Personnel Services

1.762 Supervision of Speech-Language Pathology Assistants

1.770 Standards for Special Education Personnel

1.780 Standards for Teachers in Bilingual Education Programs

1.781 Requirements for Bilingual Education Teachers in Prekindergarten, Kindergarten

and any of Grades 1-12

1.782 Requirements for Teachers of English as a Second Language in Prekindergarten,

Kindergarten and any of Grades 1-12

1.783 Requirements for Administrators of Bilingual Education Programs

1.790 Substitute Teacher

1.792 Short-Term Substitute Teacher

1.794 Substitute Teachers; Recruiting Firms

1.APPENDIX A Professional Staff Educator Licensure

1.APPENDIX B Competency-Based High School Graduation Requirements Pilot Program

Criteria for Review

1.APPENDIX C Glossary of Terms (Repealed)

1.APPENDIX D State Goals for Learning

1.APPENDIX E Evaluation Criteria – Student Performance and School Improvement

Determination (Repealed)

1.APPENDIX F Criteria for Determination – Student Performance and School

Improvement (Repealed)

1.APPENDIX G Criteria for Determination – State Assessment (Repealed)

1.APPENDIX H Guidance and Procedures for School Districts Implementing the Illinois

Global Scholar Certificate

AUTHORITY: Implementing Sections 2-3.25, 2-3.25g, 2-3.44, 2-3.96, 2-3.159, 10-17a, 10-

20.14, 10-21.4a,10-22.43a, 21B-5, 21B-20, 22-30, 22-60, 24-24, 26-13, 27-3.5, 27-6, 27-12.1,

27-13.1, 27-20.3, 27-20.4, 27-20.5, 27-22, 27-23.3 and 27-23.8 and authorized by Section 2-3.6

of the School Code [105 ILCS 5].

SOURCE: Adopted September 21, 1977; codified at 7 Ill. Reg. 16022; amended at 9 Ill. Reg.

8608, effective May 28, 1985; amended at 9 Ill. Reg. 17766, effective November 5, 1985;

emergency amendment at 10 Ill. Reg. 14314, effective August 18, 1986, for a maximum of 150

days; amended at 11 Ill. Reg. 3073, effective February 2, 1987; amended at 12 Ill. Reg. 4800,

effective February 26, 1988; amended at 14 Ill. Reg. 12457, effective July 24, 1990; amended at

15 Ill. Reg. 2692, effective February 1, 1991; amended at 16 Ill. Reg. 18010, effective November

17, 1992; expedited correction at 17 Ill. Reg. 3553, effective November 17, 1992; amended at 18

Ill. Reg. 1171, effective January 10, 1994; emergency amendment at 19 Ill. Reg. 5137, effective


21



March 17, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6530, effective May 1,

1995; amended at 19 Ill. Reg. 11813, effective August 4, 1995; amended at 20 Ill. Reg. 6255,

effective April 17, 1996; amended at 20 Ill. Reg. 15290, effective November 18, 1996; amended

at 22 Ill. Reg. 22233, effective December 8, 1998; emergency amendment at 24 Ill. Reg. 6111,

effective March 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 12985, effective

August 14, 2000; amended at 25 Ill. Reg. 8159, effective June 21, 2001; amended at 25 Ill. Reg.

16073, effective November 28, 2001; amended at 26 Ill. Reg. 1157, effective January 16, 2002;

amended at 26 Ill. Reg. 16160, effective October 21, 2002; amended at 28 Ill. Reg. 8486,

effective June 1, 2004; emergency amendment at 28 Ill. Reg. 13637, effective September 27,

2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1891, effective January 24, 2005;

amended at 29 Ill. Reg. 11811, effective July 13, 2005; amended at 29 Ill. Reg. 12351, effective

July 28, 2005; amended at 29 Ill. Reg. 15789, effective October 3, 2005; amended at 29 Ill. Reg.

19891, effective November 23, 2005; amended at 30 Ill. Reg. 8480, effective April 21, 2006;

amended at 30 Ill. Reg. 16338, effective September 26, 2006; amended at 30 Ill. Reg. 17416,

effective October 23, 2006; amended at 31 Ill. Reg. 5116, effective March 16, 2007; amended at

31 Ill. Reg. 7135, effective April 25, 2007; amended at 31 Ill. Reg. 9897, effective June 26,

2007; amended at 32 Ill. Reg. 10229, effective June 30, 2008; amended at 33 Ill. Reg. 5448,

effective March 24, 2009; amended at 33 Ill. Reg. 15193, effective October 20, 2009; amended

at 34 Ill. Reg. 2959, effective February 18, 2010; emergency amendment at 34 Ill. Reg. 9533,

effective June 24, 2010, for a maximum of 150 days; amended at 34 Ill. Reg. 17411, effective

October 28, 2010; amended at 35 Ill. Reg. 1056, effective January 3, 2011; amended at 35 Ill.

Reg. 2230, effective January 20, 2011; amended at 35 Ill. Reg. 12328, effective July 6, 2011;


effective March 20, 2012; amended at 36 Ill. Reg. 8303, effective May 21, 2012; amended at 38

Ill. Reg. 6127, effective February 27, 2014; amended at 38 Ill. Reg. 11203, effective May 6,

2014; amended at 39 Ill. Reg. 2773, effective February 9, 2015; emergency amendment at 39 Ill.

Reg. 12369, effective August 20, 2015, for a maximum of 150 days; amended at 39 Ill. Reg.

13411, effective September 24, 2015; amended at 40 Ill. Reg. 1900, effective January 6, 2016;

amended at 40 Ill. Reg. 2990, effective January 27, 2016; amended at 40 Ill. Reg. 4929, effective

March 2, 2016; amended at 40 Ill. Reg. 12276, effective August 9, 2016; emergency amendment

at 40 Ill. Reg. 15957, effective November 18, 2016, for a maximum of 150 days; amended at 41

Ill. Reg. 126, effective December 27, 2016; amended at 41 Ill. Reg. 4430, effective April 5,

2017; amended at 41 Ill. Reg. 6924, effective June 2, 2017; emergency amendment at 41 Ill. Reg.

8932, effective June 28, 2017, for a maximum of 150 days; amended at 41 Ill. Reg. 14044,

effective November 3, 2017; amended at 42 Ill. Reg. 11512, effective June 8, 2018; amended at

43 Ill. Reg. 3792, effective February 28, 2019; amended at 43 Ill. Reg. 10213, effective August

30, 2019; amended at 43 Ill. Reg. 10718, effective September 11, 2019; amended at 43 Ill. Reg.

13324, effective October 29, 2019; emergency amendment at 43 Ill. Reg. 14305, effective

November 20, 2019, for a maximum of 150 days; emergency amendment to emergency rule at


21



43 Ill. Reg. 14941, effective December 4, 2019, for the remainder of the 150 days; emergency

amendment to amended emergency rule at 44 Ill. Reg. 4085, effective February 25, 2020, for the

remainder of the 150 days; amended at 44 Ill. Reg. 1929, effective January 13, 2020; amended at

44 Ill. Reg. 6377, effective April 9, 2020; emergency amendment at 44 Ill. Reg. 7971, effective

April 27, 2020, for a maximum of 150 days; emergency expired September 23, 2020; emergency

amendment at 44 Ill. Reg. 8382, effective May 1, 2020, for a maximum of 150 days; emergency

expired September 27, 2020; amended at 44 Ill. Reg. 9961, effective May 21, 2020; emergency

amendment at 44 Ill. Reg. 13498, effective July 31, 2020, for a maximum of 150 days; expired

December 27, 2020; emergency amendment at 44 Ill. Reg. 16860, effective September 29, 2020,

for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 17816,

effective October 23, 2020, for the remainder of the 150 days; amended at 45 Ill. Reg. 867,

effective January 4, 2021; amended at 45 Ill. Reg. 1644, effective January 22, 2021; amended at

45 Ill. Reg. ______, effective ____________.

SUBPART B: SCHOOL GOVERNANCE

Section 1.280 Discipline

Section 24-24 of the School Code [105 ILCS 5] provides for teachers, other licensed educational

employees (except for individuals employed as a paraprofessional educator) and persons

providing a related service for or with respect to a student as determined by the board of

education to maintain discipline in the schools.

a) The board of education shall establish and maintain a parent-teacher advisory

committee as provided in Section 10-20.14 of the School Code .

b) The board of education shall establish a policy on the administration of discipline

in accordance with the requirements of Sections 10-20.14 and 24-24 of the School

Code and disseminate that policy as provided in Section 10-20.14 of the School

Code. Under no circumstance shall the policy authorize the use of isolated time

out, time out, or physical restraint as a form of discipline or punishment.

c) In addition to, or as part of, its policy on the maintenance of discipline, each board

of education shall adopt policies and procedures regarding the use of behavioral

interventions for students with disabilities who require intervention. Each board's

policies and procedures shall conform to the requirements of Section 14-8.05(c)

of the School Code.



21



Section 1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical

Restraint

Isolated time out, time out, and physical restraint, as defined in this Section, shall be used only

when the student's behavior presents an imminent danger of serious physical harm to the student

or others and other less restrictive and intrusive measures have been tried and proven ineffective

in stopping the imminent danger of serious physical harm. Isolated time out, time out, or

physical restraint shall not be used as discipline or punishment, convenience for staff, retaliation,

a substitute for appropriate educational or behavioral support, a routine safety matter, or to

prevent property damage in the absence of imminent danger of serious physical harm to the

student or others.

a) Isolated Time Out or Time Out

1) "Isolated time out" means the involuntary confinement of a student alone

in a time out room or other enclosure outside the classroom without a

supervising adult in the time out room or enclosure. Isolated time out is

allowed only under limited circumstances. If all other requirements under

this Section are met, isolated time out may be used only when the adult in

the time out room or enclosure is in imminent danger of serious physical

harm because the student is unable to cease actively engaging in extreme

physical aggression.

2) "Time out" means a behavior management technique for the purpose of

calming or de-escalation that involves the involuntary monitored

separation of a student from classmates with an adult trained under

subsection (i) for part of the school day, only for a brief time, in a non-

locked setting.

3) "Isolated time out" or "time out" does not include a student-initiated or

student-requested break, a student-initiated or teacher-initiated sensory

break, including a sensory room containing sensory tools to assist a

student to calm and de-escalate, an in-school suspension or detention, or

any other appropriate disciplinary measure, including a student's brief

removal to the hallway or similar environment.

4) Any enclosure used for isolated time out or time out shall:


21



A) meet all of the health/life safety requirements of 23 Ill. Adm. Code

180;

B) have the same ceiling height as the surrounding room or rooms and

be large enough to accommodate not only the student being placed

in isolated time out or time out but also, if applicable, any other

individual who is required to accompany that student under this

Section;

C) be constructed of materials that cannot be used by students to harm

themselves or others, be free of electrical outlets, exposed wiring,

and other objects that could be used by students to harm

themselves or others, and be designed so that students cannot

climb up the walls;

D) be designed to permit continuous visual monitoring of and

communication with the student; and

E) if fitted with a door, be fitted with either a steel door or a wooden

door of solid-core construction. If the door includes a viewing

panel, the panel shall be unbreakable. The door shall not be fitted

with a locking mechanism or be physically blocked by furniture or

any other inanimate object at any time during the isolated time out

or time out.

5) For an isolated time out, an adult who is responsible for supervising the

student must remain within two feet of the enclosure. The supervising

staff member must always be able to see, hear, and communicate with the

student. The door shall not be locked or held to block egress. A student in

isolated time out shall not be supervised using cameras, audio recording,

or any other electronic monitoring device.

6) For time out, an adult trained under subsection (i) who is responsible for

supervising the student must remain in the same room as the student at all

times during the time out.

7) A student placed in isolated time out or time out must have reasonable

access to food, water, medication, and toileting facilities. Except in

circumstances in which there is a risk of self-injury or injury to staff or


21



others, a student in isolated time out or time out shall not have his or her

clothing removed, including, but not limited to, shoes, shoelaces, boots, or

belts.

b) "Physical restraint" means holding a student or otherwise restricting a student's

movements. "Physical restraint" as permitted pursuant to this Section includes

only the use of specific, planned techniques.

c) The requirements set forth in subsections (d) through (i) of this Section shall not

apply to the actions described in this subsection (c) because, pursuant to Section

10-20.33 of the School Code [105 ILCS 5], "restraint" does not include

momentary periods of physical restriction by direct person-to-person contact,

without the aid of material or mechanical devices, accomplished with limited

force and designed to:

1) prevent a student from completing an act that would result in potential

physical harm to himself, herself, or another or damage to property; or

2) remove a disruptive student who is unwilling to leave the area voluntarily.

d) The use of physical restraint shall be subject to the following requirements and

limitations.

1) Pursuant to Section 10-20.33 of the School Code, physical restraint may

only be employed when:

A) the student poses a physical risk to himself, herself, or others,

B) there is no medical contraindication to its use, and

C) the staff applying the restraint have been trained in its safe

application as specified in subsection (i) of this Section.

2) Physical restraint must end immediately when:

A) the threat of imminent danger of serious physical harm ends; or

B) the student indicates that he or she cannot breathe or staff

supervising the student recognizes that the student may be in


21



respiratory distress.

3) The staff involved in physically restraining a student must periodically

halt the restraint to evaluate if the imminent danger of serious physical

harm continues to exist. If the imminent danger of serious physical harm

continues to exist, staff may continue to use the physical restraint and the

continued use may not be considered a separate instance of physical

restraint.

4) A physical restraint shall not impair a student's ability to breathe or

communicate normally, obstruct a student's airway, or interfere with a

student's ability to speak. If physical restraint is imposed upon a student

whose primary mode of communication is sign language or an

augmentative mode, the student shall be permitted to have his or her hands

free of restraint for brief periods, unless the supervising adult determines

that this freedom appears likely to result in harm to the student or others.

5) "Prone physical restraint" means a physical restraint in which a student is

held face down on the floor or other surface and physical pressure is

applied to the student's body to keep the student in the prone position.

Prone physical restraint is prohibited.

6) "Supine physical restraint" means a physical restraint in which a student is

held face up on the floor or other surface and physical pressure is applied

to the student's body to keep the student in the supine position.

SupineUntil July 1, 2021, prone and supine physical restraint is prohibited,

unless all of the following criteria are met:

A) Before using a prone or supine physical restraint, the school

district or other entity serving the student shall review and

determine if there are any known medical or psychological

limitations that contraindicate the use of a prone or supine physical

restraint.

B) The school district or other entity serving the student deems the

situation an emergency, defined as a situation in which immediate

intervention is needed to protect a student or other individual from

imminent danger of serious physical harm to himself, herself, or


21



others and less restrictive and intrusive interventions have been

tried and proven ineffective in stopping the imminent danger.

C) SupineProne or supine physical restraint is used in a manner that

does not restrict or impair a student's ability to breathe or

communicate normally, obstruct a student's airway, or interfere

with a student's primary mode of communication.

D) SupineProne or supine physical restraint is used only by personnel

who have completed required training under subsection (i).

E) SupineProne or supine physical restraint is used only if those

interventions are the least restrictive and intrusive interventions to

address the emergency and stop the imminent danger of serious

physical harm to the student or others. During each incident, one

school staff person trained in identifying the signs of distress must

be assigned to observe and monitor the student during the entire

incident. That staff person may not be involved in the physical

holding of the student. The number of staff involved in physically

restraining the student may not exceed the number necessary to

safely hold the student. Staff involved in the restraint must use the

least amount of force and the fewest points of contact necessary

and must afford the student maximum freedom of movement while

maintaining safety.

F) The prone or supine physical restraint ends immediately when the

threat of imminent danger of serious physical harm ends, but in no

event shall prone or supine physical restraint last longer than 30

minutes. If after 30 minutes the emergency has not resolved, or if

an additional emergency arises the same school day that meets the

standards of this subsection (d), a school administrator, in

consultation with a psychologist, social worker, nurse, or behavior

specialist, may authorize the continuation of the restraint or an

additional prone or supine physical restraint. No restraint may be

continued, nor may additional restraints be applied, unless

continuation is authorized by a school administrator.

G) If the student is restrained in a prone or supine physical restraint in

at least 2 separate instances within a 30-school day period, the


21



school personnel who initiated, monitored, and supervised the

incidents shall initiate a Restraint Review, which is a review of the

effectiveness of the procedures used. If the personnel involved in

the restraints do not include a psychologist, social worker, nurse,

or behavior specialist, at least one of those staff members shall be

included in the Restraint Review. The Restraint Review must

include, but is not limited to:

i) conducting or reviewing a functional behavioral analysis,

reviewing data, considering the development of additional

or revised positive behavioral interventions and supports,

considering actions to reduce the use of restrictive

procedures, or, if applicable, modifying the student's

individualized educational program, federal Section 504

plan, behavior intervention plan, or other plan of care, as

appropriate; and

ii) reviewing any known medical or psychological limitations

that contraindicate the use of a restrictive procedure,

considering whether to prohibit that restrictive procedure,

and, if applicable, documenting any prohibitions in the

student's individualized education program, federal Section

504 plan, behavior intervention plan, or other plan of care.

76) Students shall not be subjected to physical restraint for using profanity or

other verbal displays of disrespect for themselves or others. A verbal

threat shall not be considered as constituting a physical danger unless a

student also demonstrates a means of or intent to immediately carry out

the threat.

87) Except as permitted by the administrative rules of another State agency

operating or licensing a facility in which elementary or secondary

educational services are provided (e.g., the Illinois Department of

Corrections, the Illinois Department of Juvenile Justice, or the Illinois

Department of Human Services), mechanical restraint or chemical

restraint, as defined in subsection (d)(12) or (d)(13), shall not be

employed.

98) Medically prescribed restraint procedures employed for the treatment of a


21



physical disorder or for the immobilization of a person in connection with

a medical or surgical procedure shall not be used as means of physical

restraint for purposes of maintaining discipline.

109) Any application of physical restraint shall take into consideration the

safety and security of the student. Physical restraint shall not rely upon

pain as an intentional method of control.

1110) In determining whether a student who is being physically restrained

should be removed from the area where the restraint was initiated, the

supervising adult shall consider the potential for injury to the student, the

student's need for privacy, and the educational and emotional well-being

of other students in the vicinity.

1211) "Chemical restraint" means the use of medication to control a student's

behavior or restrict a student's freedom of movement. Chemical restraint is

prohibited. "Chemical restraint" does not include medication that is legally

prescribed and administered as part of a student's regular medical regimen

to manage behavioral symptoms and treat medical symptoms.

1312) "Mechanical restraint" means the use of any device or equipment to limit a

student's movement or hold a student immobile. Mechanical restraint is

prohibited. "Mechanical restraint" does not include any restraint used to:

A) treat a student's medical needs;

B) protect a student known to be at risk of injury resulting from lack

of coordination or frequent loss of consciousness;

C) position a student with physical disabilities in a manner specified

in the student's individualized education program, federal Section

504 plan, or other plan of care;

D) provide a supplementary aid or service or an accommodation,

including, but not limited to, assistive technology that provides

proprioceptive input or aids in self-regulation; or

E) promote student safety in vehicles used to transport students.


21



e) Time Limits

1) A student shall be released from isolated time out or time out immediately

upon determination by the staff member that the student is no longer an

imminent danger of serious physical harm to the student or others. No less

than once every 15 minutes, an adult trained under subsection (i) must

assess whether the student has ceased presenting the specific behavior for

which the time out was imposed.

2) A student shall be released from physical restraint immediately upon a

determination by the staff member administering the restraint that the

student is no longer in imminent danger of causing serious physical harm

to the student or others.

f) Documentation and Evaluation

1) In a form and manner prescribed by the State Superintendent, a written

record of each episode of isolated time out, time out, or physical restraint

shall be maintained in the student's temporary record. The official

designated under this Section shall also maintain a copy of each of these

records. Each record shall include, but is not limited to, all of the

following:

A) the student's name;

B) the date of the incident;

C) the beginning and ending times of the incident;

D) a description of any relevant events leading up to the incident;

E) a description of any interventions used prior to the implementation

of isolated time out, time out, or physical restraint;

F) a description of the incident or student behavior that resulted in

isolated time out, time out, or physical restraint, including the

specific imminent danger of serious physical harm to the student or

others;


21



G) for isolated time out, a description of the rationale of why the

needs of the student cannot be met by a lesser restrictive

intervention and why an adult could not be present in the time out

room;

H) a log of the student's behavior in isolated time out, time out, or

during physical restraint, including a description of the restraint

techniques used and any other interaction between the student and

staff;

I) a description of any injuries (whether to students, staff, or others)

or property damage;

J) a description of any planned approach to dealing with the student's

behavior in the future, including any de-escalation methods or

procedures that may be used to avoid the use of isolated time out,

time out, or physical restraint;

K) a list of the school personnel who participated in the

implementation, monitoring, and supervision of isolated time out,

time out, or physical restraint; and

L) the date on which parental or guardian notification took place, as

required by subsection (g).

2) The school official designated under subsection (j)(3) shall be notified of

the incident as soon as possible, but no later than the end of the school day

on which it occurred.

3) The requirements of this subsection (f)(3) shall apply whenever an episode

of isolated time out or time out exceeds 30 minutes, an episode of physical

restraint exceeds 15 minutes, or repeated episodes have occurred during

any three-hour period.

A) A licensed educator or licensed clinical practitioner knowledgeable

about the use of isolated time out or time out or trained in the use

of physical restraint, as applicable, shall evaluate the situation.

B) The evaluation shall consider the appropriateness of continuing the


21



procedure in use, including the student's potential need for

medication, nourishment, or use of a restroom, and the need for

alternate strategies (e.g., assessment by a mental health crisis team,

assistance from police, or transportation by ambulance).

C) The results of the evaluation shall be committed to writing and

copies of this documentation shall be placed into the student's

temporary student record and provided to the official designated

under subsection (j)(3).

4) When a student experiences instances of isolated time out, time out, or

physical restraint on 3 days within a 30-day period, the school personnel

who initiated, monitored, and supervised the incidents shall initiate a

review of the effectiveness of the procedures used and prepare an

individual behavior plan for the student that provides either for continued

use of these interventions or for the use of other, specified interventions.

The plan shall be placed into the student's temporary student record. The

review shall also consider the student's potential need for an alternative

program, for special education eligibility, or, for a student already eligible

for special education, for a change in program.

A) The district or other entity serving the student shall invite the

student's parents or guardians to participate in this review and shall

provide ten days' notice of its date, time, and location.

B) The notification shall inform the parents or guardians that the

student's potential need for special education, an alternative

program, or, for students already eligible for special education, the

student's potential need for a change in program, will be

considered and that the results of the review will be entered into

the temporary student record.

g) Notification to Parents or Guardians

1) A district whose policies allow for the use of isolated time out, time out, or

physical restraint shall notify parents or guardians to this effect as part of

the information distributed annually or upon enrollment pursuant to

Sections 10-20.14 and 14-8.05(c) of the School Code.


21



2) If a student is subject to isolated time out, time out, or physical restraint,

the school must make a reasonable attempt to notify the student's parent or

guardian on the same day the isolated time out, time out, or physical

restraint is imposed.

3) Within one business day after any use of isolated time out, time out, or

physical restraint, the school district or other entity serving the student

shall send the form required under subsection (f)(1) to the student's parents

or guardians.

h) Report to the State Superintendent

1) No later than 2 school days after any use of isolated time out, time out, or

physical restraint, the school district or other entity serving the student

shall, in a form and manner prescribed by the State Superintendent, submit

the information required under subsection (f)(1) to the State

Superintendent.

2) The State Superintendent reserves the authority to require districts to

submit the information required under subsection (f)(1) for previous

school years.

i) Requirements for Training

1) Any adult who is supervising a student in isolated time out or time out, or

who is involved in a physical restraint, shall receive at least 8 hours of

developmentally appropriate training annually. Except for training on

physical restraint, online training may be utilized for all training areas

under this subsection (i)(1). Training is required in the following areas:

A) crisis de-escalation;

B) restorative practices;

C) identifying signs of distress during physical restraint and time out;

D) trauma-informed practices; and

E) behavior management practices.


21



2) All adults trained under this subsection (i) must be provided a copy of the

district's policies on isolated time out, time out, and physical restraint.

3) Isolated time out, time out, or physical restraint, as defined in this Section,

shall be applied only by individuals who have received annual systematic

training on less restrictive and intrusive strategies and techniques to reduce

the use of isolated time out, time out, and physical restraint based on best

practices and how to safely use time out and physical restraint when those

alternative strategies and techniques have been tried and proven

ineffective. This training must include all the elements described in this

subsection (i) and must result in the receipt of a certificate of completion

or other written evidence of participation. No individual may use isolated

time out, time out, or physical restraint before receiving the required

training and certificate. An individual who applies isolated time out, time

out, or physical restraint shall use only techniques in which he or she has

received prior annual training, as indicated by written evidence of

participation.

4) The training required under this subsection (i) with respect to isolated time

out, time out, or physical restraint may be provided either by the employer

or by an external entity.

A) All persons or entities who provide training must be trained and

certified in the:

i) effective use of less restrictive and intrusive alternatives to

prevent imminent danger of serious physical harm to the

student or others; and

ii) safe application of isolated time out, time out, and physical

restraint when less restrictive and intrusive alternatives

have been tried and proven ineffective.

B) The training shall include, but need not be limited to:

i) the dangers associated with the use of isolated time out,

time out, and physical restraint and the need to use

interventions that are less restrictive and intrusive to reduce


21



the risk of harm to students;

ii) appropriate procedures for preventing the need for isolated

time out, time out, or physical restraint, including the de-

escalation of problematic behavior, relationship-building,

and the use of alternatives to restraint;

iii) recognizing and responding appropriately to the antecedent

of a student's behavior;

iv) recognizing contraindications and other conditions and

events that increase risk of death;

v) a description and identification of dangerous behaviors on

the part of students that may indicate the need for isolated

time out, time out, or physical restraint and methods for

evaluating the risk of harm in individual situations in order

to determine whether the use of restraint is warranted;

vi) the simulated experience of administering and receiving a

variety of isolated time out, time out, and physical restraint

techniques, ranging from minimal physical involvement to

very controlling interventions;

vii) instruction regarding the effects of isolated time out, time

out, and physical restraint on the person in restraint,

isolated time out, or time out, including instruction on

monitoring physical signs of distress and obtaining medical

assistance;

viii) instruction regarding documentation and reporting

requirements and investigation of injuries and complaints;

and

ix) demonstration by participants of proficiency in

administering isolated time out, time out, and physical

restraint.

5) An individual may provide training to others in a particular method of


21



time out and physical restraint only if he or she has received written

evidence of completing training in those techniques that meet the

requirements of this subsection (i) within the preceding one-year period.

j) Any use of isolated time out, time out, or physical restraint permitted by a board's

policy shall be implemented in accordance with written procedures that include:

1) the circumstances under which isolated time out, time out, or physical

restraint will be applied;

2) a written procedure to be followed by staff in cases of isolated time out,

time out, or physical restraint;

3) designation of a school official who will be informed of incidents and

maintain the documentation required under this Section when isolated

time out, time out, or physical restraint is used;

4) the process the district or other entity serving public school students will

use to evaluate any incident that results in an injury to the affected student;

and

5) a description of the district's or other entity's annual review of the use of

isolated time out, time out, or physical restraint, which, at a minimum,

shall include:

A) the number of incidents involving the use of these interventions;

B) the location and duration of each incident;

C) identification of the staff members who were involved;

D) any injuries or property damage that occurred; and

E) the timeliness of parental or guardian notification, timelines of

agency notification, and administrative review.

k) Complaint Procedures


21



1) Any parent or guardian, individual, organization, or advocate may file a

signed, written complaint with the State Superintendent alleging that a

local school district or other entity serving the student has violated this

Section. The complaint shall include all of the following:

A) the facts on which the complaint is based;

B) the signature and contact information for the complainant;

C) if known, the names and addresses of the students involved and the

name of the school of attendance;

D) a description of the nature of the problem, including any facts

relating to the problem; and

E) a proposed resolution of the problem to the extent known.

2) The State Superintendent shall only consider a complaint if it alleges a

violation occurring not more than one year prior to the date in which the

complaint is received.

3) After receiving a complaint that meets the requirements of this subsection

(k), the State Superintendent shall:

A) carry out an independent on-site investigation, if deemed necessary

by the State Superintendent;

B) give the complainant the opportunity to submit additional

information, either orally or in writing, about the allegations in the

complaint; and

C) require that the public entity that is the subject of the complaint

submit a written response to the complaint. The public entity shall

submit its response and all other documentation to the State

Superintendent and the parent, individual, or organization filing the

complaint no later than the date indicated in the written

correspondence received under this subsection (k).


21



4) The State Superintendent must issue a written decision to the complainant

that addresses each allegation in the complaint and that contains all of the

following:

A) findings of fact and conclusion;

B) the reasons for the State Board of Education's final decision; and

C) orders for any action, including technical assistance.

5) The complaint procedure under this subsection (k) does not limit,

diminish, or otherwise deny the federal and State rights and procedural

safeguards afforded to students.



21


NOTICE OF PROPOSED RULES

1) Heading of the Part: Student Online Personal Protection



380.5 New Section

380.10 New Section

380.20 New Section

380.30 New Section

4) Statutory Authority: 105 ILCS 85

5) A Complete Description of the Subjects and Issues Involved: This Part is being modified

to align with the enactment of PA 101-516, which will become effective July 1, 2021. It

requires the State Board of Education to adopt rules on the methodology and frequency of

requests made by a parent of a student to the student's school for a paper or electronic

copy of the student's covered information. The large increase in the use of educational

technology has prompted parental groups to become concerned about the types of data

being collected on students and how schools were using this data. PA 101-516 was

enacted to address these concerns and to specifically allow parents a means to request

copies of the electronic data collected by the schools.


rulemaking: None





11) Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a

State mandate.


rulemaking: Written comments may be submitted within 45 days of the publication of

this Notice to:


21



Azita Kakvand

Illinois State Board of Education

100 North First Street


217/782-6510

[email protected]



affected: None



14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

anticipated at the time the Regulatory Agenda was filed.

The full text of the Proposed Rules begins on the next page:


21




SUBTITLE A: EDUCATION

CHAPTER I: STATE BOARD OF EDUCATION

SUBCHAPTER k: SCHOOL RECORDS

PART 380

STUDENT ONLINE PERSONAL PROTECTION

Section

380.5 Definitions

380.10 Rights of Parents and Students

380.20 Requests for Covered Information

380.30 Cost for Copies

AUTHORITY: Implementing and authorized by Section 33 of the Student Online Personal

Protection Act [105 ILCS 85].

SOURCE: Adopted at 45 Ill. Reg. ______, effective ____________.

Section 380.5 Definitions

"Covered Information" means personally identifiable information or material or

information that is linked to personally identifiable information or material in any

media or format that is not publicly available and is any of the following:

created by or provided to an operator by a student or the student's parent

in the course of the student's or parent's use of the operator's site, service,

or application for K through 12 school purposes;

created by or provided to an operator by an employee or agent of a school

or school district for K through 12 school purposes; or

gathered by an operator through the operation of its site, service, or

application for K through 12 school purposes and personally identifies a

student, including, but not limited to, information in the student's

educational record or electronic mail, first and last name, home address,

telephone number, electronic mail address, or other information that

allows physical or online contact, discipline records, test results, special


21



education data, juvenile dependency records, grades, evaluations,

criminal records, medical records, health records, a social security

number, biometric information, disabilities, socioeconomic information,

food purchases, political affiliations, religious information, text messages,

documents, student identifiers, search activity, photos, voice recordings,

or geolocation information.

"K through 12 School Purposes" means purposes that are directed by or that

customarily take place at the direction of a school, teacher, or school district; aid

in the administration of school activities, including, but not limited to, instruction

in the classroom or at home, administrative activities, and collaboration between

students, school personnel, or parents; or are otherwise for the use and benefit of

the school.

"Operator" means, to the extent that an entity is operating in this capacity, the

operator of an Internet website, online service, online application, or mobile

application with actual knowledge that the site, service, or application is used

primarily for K through 12 school purposes and was designed and marketed for K

through 12 school purposes. (Section 5 of the Student Online Personal Protection

Act)

"Parent" has the meaning given to that term under the Illinois School Student

Records Act [105 ILCS 10].

"School" means any preschool, public kindergarten, elementary or secondary

educational institution, vocational school, special educational facility, or any

other elementary or secondary educational agency or institution; or any person,

agency, or institution that maintains school student records from more than one

school. (Section 5 of the Student Online Personal Protection Act)

"School Code" or "Code" means 105 ILCS 5.

"SOPPA" means the Student Online Personal Protection Act [105 ILCS 85].

"State Board" means the State Board of Education.

"Student" has the meaning given to that term under the Illinois School Student

Records Act.


21



Section 380.10 Rights of Parents and Students

In addition to any rights granted to parents or students with respect to covered information under

Section 33 of the SOPPA or school records under 23 Ill. Adm. Code 375, a school may afford to

parents or students any rights granted under this Part.

Section 380.20 Requests for Covered Information

a) In accordance with any applicable federal regulations, a school must provide a

student's parent a paper or electronic copy of the student's covered information,

including any covered information maintained by an operator or the State Board,

within 45 days of receiving a request for such information, as provided under

subsection (b). If a parent requests an electronic copy of the student's covered

information, the school must provide an electronic copy of that information,

unless the school does not maintain the information in an electronic format and

reproducing the information in an electronic format would be unduly burdensome

to the school.

b) Each request under this Section must be submitted by a parent on a signed and

dated request form that includes the parent's name, address, phone number,

student's name, and the name of the school from which the request is being made.

A school that receives a request under this Section must require a parent to

provide proof of identity and relationship to the student before access to the

covered information is granted.

c) If covered information requested by a parent under this Section includes data on

more than one student, the parent may inspect and review only the covered

information relevant to the parent's student.

d) A parent may make no more than one request under this Section per State fiscal

quarter.

Section 380.30 Cost for Copies

This Section applies to requests made under Section 380.20.

a) A school may not charge a parent for an electronic copy of a student’s covered

information.


21



b) If a parent requests a paper copy of a student’s covered information, a school may

charge the parent the actual cost for providing a copy of such information,

provided that the cost charged shall not exceed $0.35 per page. No parent shall be

denied a requested paper copy of covered information due to the parent’s inability

to bear the cost of the copying.


21

ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: General Procedures


3) Section Number: Adopted Action:

1100.20 Amendment

4) Statutory Authority: Implementing and authorized by Section 5(i) of the Illinois

Educational Labor Relations Act [115 ILCS 5/5] and Section 10-75 of the Illinois

Administrative Procedure Act (IAPA) [5 ILCS 100/10-75].

5) Effective Date of Rule: February 1, 2021


7) Does this rulemaking contain incorporations by reference? Yes

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 inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill Reg. 17536; November 6,

2020

10) Has JCAR issued a Statement of Objection to this rulemaking? Yes

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the

agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rule currently in effect? Yes. 44 Ill. Reg.

15998; effective September 9, 2020


15) Summary and Purpose of Rulemaking: The Illinois Educational Labor Relations Board

(Board) implemented emergency rulemaking pursuant to Section 5-45(b) of the Illinois

Administrative Procedure Act (IAPA) [5 ILCS 100/5-45] that was effective on

September 9, 2020 for up to 150 days. The COVID-19 pandemic continues and some


21



educational offices and educational employee representatives offices with whom the

Board handles charges and petitions remain closed. The verifiable electronic service via

email works well for the Board, for its employees, and for the parties appearing before

the Board. Parties and their representatives are able to promptly obtain notices, decisions

and orders in lieu of waiting for mail service and office access. Electronic service via

email proves to be the most cost-effective, expedient, and reliable method of service. This

rulemaking lists email as one form of filing and service of documents in keeping with the

amendment to this rule set out more fully in 41 Ill. Reg. 10566, effective August 1, 2017.

This rulemaking will also specify the standard for confirming delivery, and in failure to

confirm delivery, what steps the agency will take to ensure that service by email or other

means is accomplished [5 ILCS 100/5-75(c)].

16) Information and questions regarding this adopted rule shall be directed to:

Ellen M. Strizak

General Counsel

Illinois Educational Labor Relations Board

160 N. LaSalle Street, Suite N-400

Chicago IL 60601-3103

312/793-3170

[email protected]

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


21



TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES

SUBTITLE C: LABOR RELATIONS

CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

PART 1100

GENERAL PROCEDURES

Section

1100.10 Definitions

1100.20 Filing and Service of Documents

1100.30 Computation and Extensions of Time

1100.40 Hearing Officers (Repealed)

1100.50 Recording of Hearings (Repealed)

1100.60 Representation of Parties

1100.70 Subpoenas

1100.80 Limitation on Practice Before the Board by Former Employees

1100.90 Amicus Curiae

1100.100 Gender Usage

1100.105 Qualifications of Administrative Law Judges

1100.110 Conflict of Interest

1100.120 Oral Argument

1100.130 Board Meeting Procedures

AUTHORITY: Implementing and authorized by Section 5(i) of the Illinois Educational Labor

Relations Act [115 ILCS 5] and by Sections 2.05, 2.06 and 7 of the Open Meetings Act [5 ILCS

120].

SOURCE: Emergency rules adopted at 8 Ill. Reg. 8638, effective June 6, 1984, for a maximum

of 150 days; adopted at 8 Ill. Reg. 22548, effective November 5, 1984; amended at 14 Ill. Reg.

1270, effective January 5, 1990; amended at 26 Ill. Reg. 11472, effective July 23, 2002;

emergency amendment at 28 Ill. Reg. 971, effective January 1, 2004, for a maximum of 150

days; amended at 28 Ill. Reg. 7932, effective May 28, 2004; amended at 35 Ill. Reg. 14438,

effective August 12, 2011; amended at 38 Ill. Reg. 8371, effective April 1, 2014; amended at 41

Ill. Reg. 10566, effective August 1, 2017; emergency amendment at 44 Ill. Reg. 15998, effective

September 9, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1808, effective

February 1, 2021.

Section 1100.20 Filing and Service of Documents


21



a) All documents relating to any proceeding before the Illinois Educational Labor

Relations Board (the Board) shall be filed in either the Board's Springfield or

Chicago office or shall be sent to the Board's electronic mailbox

([email protected]). Except as otherwise specified in the rules of the

Board, documents shall be considered filed with the Board on the date they are

received by the Board, except that documents sent by certified or registered mail

shall be considered to have been filed on the date on which they are postmarked,

and documents sent by overnight delivery service shall be considered to have

been filed on the date the receipt shows they were given to the overnight delivery

service. A party may file a document by facsimile if the party also sends a hard

copy. Documents may also be filed electronically. The Board may direct parties

to provide hard copies of documents. Documents, including but not limited to

documents filed electronically, must be received by the close of business in order

to be considered to have been filed that day. Except for documents filed

electronically, a party must file an original and two copies of each document in

proceedings before a hearing officer or the Board.

b) Whenever 80 Ill. Adm. Code: Subtitle C, Chapter III requires that a document be

on a form developed by the Board, the document may be prepared on a form

obtained from the Board or on a facsimile thereof. Minor deviations in the form

of a document shall not be grounds for objecting to the document. Minor

deviations are those deviations that involve form but not substance and thus do

not prejudice any other party to the case.

c) The Board will serve final Board opinions, complaints and notices of hearing,

petitions, intervening claims, unfair labor practice charges, and fair share fee

objections on the appropriate parties by personal service, registered or certified

mail, or leaving a copy at the principal office or place of business of the person

required to be served, or email in accordance with subsection (g). A party may

agree to service of the above documents by other means by giving written

consent. The Board may serve other documents by other means.

d) All documents, except those listed in subsection (c), will be served on the

appropriate parties by the party propounding the document by means calculated to

provide proper service. When a party is represented in a proceeding before the

Board, service shall be on the party's representative. When a party is not

represented, service shall be on the party. Subpoenas will be served by the party

requesting the subpoena by personal service, registered or certified mail, or

leaving a copy at the principal office or place of business of the person required to


21



be served, or email in accordance with subsection (g).

e) Whenever a document is filed with the Board, it shall be accompanied by a

certificate of service. A certificate of service shall consist of a written statement,

signed by the party effecting service, detailing the name of the party served and

the date and manner of service.

f) Failure of a party to serve a document or failure to attach a certificate of service

may be grounds to strike the document, if the failure results in prejudice to

another party (such as lack of notice or detrimental reliance) or demonstrates

disregard of the Board's processes (such as continued noncompliance).

g) The Board may provide service upon a party or its representative through email.

Documents issued by the Board in connection with a Board proceeding may be

served by email in lieu of other specified means of service. The following

procedures for service of documents and other information by verifiable

electronic methods, including, but not limited to, email (collectively referred to as

"service") will apply to service under 80 Ill. Adm. Code, Subtitle C, Chapter III:

1) A party or its representative shall designate an email address at which

service is accepted upon filing an unfair labor practice charge,

representation petition, or notice of appearance.

2) A party or its representative shall immediately notify the Board of a

change of email address. Any person or entity who regularly practices

before the Board shall verify the email address on an annual basis.

3) The showing of interest in a representation petition shall not be served by

email. No document containing protected confidential or personally

identifying information, as set out in Section 10-75(b) of the Illinois

Administrative Procedure Act [5 ILCS 100], shall be served by email.

4) Service by email is effective at the time of the transmission and will be

deemed confirmed unless a failure to deliver message is received for all

designated email addresses for that Board proceeding. If the Board

receives notification that service to all designated email addresses fails,

the Board will accomplish service by some other means, such as facsimile

or First-Class or Priority Mail to the last facsimile or mailing address

provided by the party.


21



(Source: Amended at 45 Ill. Reg. 1808, effective February 1, 2021)


21

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION


1) Heading of the Part: Genetic Counselor Licensing Act



1251.100 Amendment

4) Statutory Authority: Implementing and authorized by the Genetic Counselor Licensing

Act [225 ILCS 135]

5) Effective Date of Rule: January 28, 2021



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 Illinois Register: 44 Ill. Reg. 16063; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Spelling was corrected.


agreement letter issued by JCAR? Yes


14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The current COVID-19 pandemic has been

preventing licensees from attending in-person continuing education (CE) programs. The

purpose of the proposed amendment is to relax the in-person requirement to allow

licensees to satisfy their CE requirements by participating in online courses. This

proposed amendment updates the CE requirements for genetic counselors by defining the

term "verified attendance" to include participation in online programs. This change will

allow licensees to earn CE credits through in-person and online programs.


21




Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 2nd Floor

Springfield IL 62786

217/785-0813

fax: 217/557-4451



21



TITLE 68: PROFESSIONS AND OCCUPATIONS

CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1251

GENETIC COUNSELOR LICENSING ACT

Section

1251.10 Definitions

1251.20 Qualifications for Licensure

1251.30 Examination

1251.40 Temporary License

1251.50 Endorsement

1251.60 Renewals

1251.70 Fees

1251.80 Restoration

1251.90 Inactive Status

1251.100 Continuing Education

1251.110 Granting Variances

AUTHORITY: Implementing the Genetic Counselor Licensing Act [225 ILCS 135] and

authorized by Sections 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 30 Ill. Reg. 19717, effective December 18, 2006; amended at 36 Ill. Reg.

3895, effective March 9, 2012; emergency amendment at 44 Ill. Reg. 16189, effective September

15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1814, effective January 28, 2021.

Section 1251.100 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant shall complete 30 contact hours of continuing

education (CE) relevant to the practice of genetic counseling during the

pre-renewalprerenewal period. A pre-renewalprerenewal period is the 24

months preceding January 31 of each odd-numbered year.

2) A renewal applicant is not required to comply with CE requirements for

the first renewal following the original issuance of the license.


21



3) Genetic Counselors licensed in Illinois but residing and practicing in other

states must comply with the CE requirements set forth in this Section.

b) Approved Continuing Education

1) All continuing education hours must be earned by verified attendance at,

or participation in, a program that is offered by an approved continuing

education sponsor who meets the requirements set forth in subsection (c)

of this Section. Verified attendance can include participation in programs

offered online by approved CE sponsors.

2) Continuing education credit hours used to satisfy the CE requirements of

another state may be submitted for approval for fulfillment of CE

requirements of the State of Illinois.

3) Credit shall not be given for courses taken in Illinois from unapproved

sponsors.

c) Approved continuing education sponsors and programs, as used in this Section,

shall mean:

1) The American Counseling Association;

2) The American Board of Genetic Counselors;

3) The American Board of Medical Genetics;

4) The National Society of Genetic Counselors (NSGC); or

5) Any other entity approved by the Division.

(Source: Amended at 45 Ill. Reg. 1814, effective January 28, 2021)


21



1) Heading of the Part: Marriage and Family Therapy Licensing Act



1283.110 Amendment

4) Statutory Authority: Implementing and authorized by the Marriage and Family Therapy

Licensing Act [225 ILCS 55]





the Agency's principal office and is available for public inspection.



11) Differences between Proposal and Final Version: Nonsubstantive








licensees to satisfy their CE requirements by participating in online courses.



21







217/785-0813

fax: 217/557-4451



21






PART 1283

MARRIAGE AND FAMILY THERAPY LICENSING ACT

Section

1283.10 Application for a Temporary License Under Section 50 of the Act (Repealed)

1283.15 Professional Work Experience

1283.20 Clinical Experience

1283.25 Clinical Supervision

1283.30 Education

1283.40 Examination

1283.45 Application for a License as an Associate Marriage and Family Therapist

1283.46 Application for Examination/Licensure for an Individual Licensed as an Associate

Marriage and Family Therapist

1283.50 Application for Examination/Licensure

1283.60 Endorsement

1283.70 Renewal


1283.90 Restoration

1283.95 Fees

1283.100 Professional Conduct



AUTHORITY: Implementing the Marriage and Family Therapy Licensing Act [225 ILCS 55]

and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS

2105].

SOURCE: Adopted at 18 Ill. Reg. 10752, effective June 28, 1994; amended at 20 Ill. Reg.

12006, effective August 27, 1996; amended at 22 Ill. Reg. 3883, effective February 5, 1998;


effective May 1, 2000; amended at 28 Ill. Reg. 7072, effective April 28, 2004; amended at 31 Ill.

Reg. 4711, effective March 9, 2007; emergency amendment at 44 Ill. Reg. 16202, effective


January 28, 2021.


21




a) Continuing Education Hours Requirements

1) Beginning with the 1999 license renewal and every renewal thereafter,

every licensee who applies for renewal of a license as a marriage and

family therapist shall complete within the pre-renewalprerenewal period

30 hours of continuing education (CE) relevant to the practice of marriage

and family therapy.

2) A pre-renewalprerenewal period is the 24 months preceding February 28

of each odd-numbered year.

3) One CE hour shall equal one clock hour.

4) A renewal applicant shall not be required to comply with CE requirements

for the first renewal of an Illinois license.

5) Marriage and family therapists licensed in Illinois but residing and

practicing in other states shall comply with the CE requirements set forth

in this Section.


1) Continuing education hours shall be earned by verified attendance (e.g.,

certificate of attendance or certificate of completion) at or participation in

a program or course (program) that is offered or sponsored by an approved

continuing education sponsor who meets the requirements set forth in

subsection (c), except for those activities provided in

subsectionssubsection (b)(2), (3) and (4).

2) CE credit may be earned through postgraduate training programs (e.g.,

extern, residency or fellowship programs) or completion of marriage and

family therapy related courses that are a part of the curriculum of a

college, university or graduate school of marriage and family therapy.

Courses that are part of the curriculum of a university, college or other

educational institution shall be allotted CE credit at the rate of 15 CE

hours for each semester hour or 10 hours for each quarter hour of school

credit awarded.


21



3) CE credit may be earned for verified teaching of a course or program in a

college or graduate school approved in accordance with Section 1283.30

and/or as an instructor of continuing education programs given by

approved sponsors. Credit will be applied at the rate of 1.5 hours for every

hour of teaching or presenting the course or program material and only for

the first presentation of the course or program (i.e., credit shall not be

allowed for repetitious presentations).

4) CE credit may be earned for authoring papers, publications or books and

for preparing presentations and exhibits. The preparation of each

published paper, book chapter or audio-visual presentation dealing with

marriage and family therapy may be claimed as 5 hours of credit. A

presentation must be before a professional audience of marriage and

family therapists. Five credit hours may be claimed for only the first time

the information is published or presented.

5) A maximum of 15 CE hours per renewal period may be earned throughfor

completion of a distance learningcorrespondence course (e.g., pre-

recorded online course/program, live online course/program, by mail,

computer, etc.) that is offered by an approved sponsor who meets the

requirements set forth in subsection (c). Each correspondence course shall

include an examination.

c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean the American Association for

Marriage and Family Therapy and any other person, firm, association,

corporation or group that has been approved and authorized by the

Division upon recommendation of the Board to coordinate and present

continuing education courses and programs.

2) An entity seeking approval as a CE sponsor shall submit an application, on

forms supplied by the Division, along with the fee set forth in Section

1283.95(a)(3) of this Part. (State agencies, State colleges and State

universities in Illinois shall be exempt from paying this fee). The

application shall include:

A) Certification:


21



i) That all programs offered by the sponsor for CE credit shall

comply with the criteria in subsection (c)(3) and all other

criteria in this Section;

ii) That the sponsor shall be responsible for verifying full-time

continuous attendance at each program and provide a

certificate of attendance as set forth in subsection (c)(9);

iii) That upon request by the Division, the sponsor shall submit

evidence (e.g., certificate of attendance or course material)

as is necessary to establish compliance with this Section.

Evidence shall be required when the Division has reason to

believe that there is not full compliance with the statute and

this Part and that this information is necessary to ensure

compliance;

B) A copy of a sample program with faculty, course materials and

syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the

professional skills and scientific knowledge of the licensee in the

practice of marriage and family therapy;

B) Foster the enhancement of general or specialized work in the

practice of marriage and family therapy;

C) Be developed and presented by persons with education and/or

experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods

to be used; and

E) Specify the number of CE hours that may be applied to fulfilling

the Illinois CE requirements for renewal of a license.

4) Each CE program shall provide a mechanism for evaluation of the


21



program and instructor by the participants. The evaluation may be

completed on-site immediately following the program presentation or an

evaluation questionnaire may be distributed to participants to be

completed and returned by mail. The sponsor and the instructor, together,

shall review the evaluation outcome and revise subsequent programs

accordingly.

5) An approved sponsor may subcontract with individuals and organizations

to provide approved programs. All advertising, promotional materials, and

certificates of attendance must identify the licensed sponsor and the

sponsor's license number. The presenter of the program may also be

identified, but should be identified as a presenter. When a licensed sponsor

subcontracts with a presenter, the licensed sponsor retains all

responsibility for monitoring attendance, providing certificates of

attendance and ensuring the program meets all of the criteria established

by the Act and this Part, including the maintenance of records.

6) All programs given by approved sponsors shall be open to all marriage

and family therapists and not be limited to members of a single

organization or group.


another jurisdiction may be applied to fulfill the CE requirements of the

State of Illinois.

8) To maintain approval as a sponsor, each sponsor shall submit to the

Division by February of each odd-numbered year a renewal application,

the fee set forth in Section 1283.95(b)(2) of this Part and a list of courses

and programs offered within the last 24 months. The list shall include a

brief description, location, date and time of each course given.

9) Certification of Attendance. It shall be the responsibility of a sponsor to

provide each participant in a program with a certificate of attendance or

participation. The sponsor's certificate of attendance shall contain:

A) The name, address and license number of the sponsor;

B) The name address of the participant;


21



C) A brief statement of the subject matter;

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

10) The sponsor shall maintain attendance records for not less than 5 years.

11) The sponsor shall be responsible for assuring that no renewal applicant

shall receive CE credit for time not actually spent attending the program.

12) Upon the failure of a sponsor to comply with any one of the requirements

of this Section, the Division, after notice to the sponsor and hearing before

and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall

thereafter refuse to accept for CE credit attendance at or participation in

any of the sponsor's CE programs until such time as the Division receives

assurances of compliance with requirements of this Section.

13) Notwithstanding any other provision of this Section, the Division or Board

may evaluate any sponsor of any approved CE program at any time to

ensure compliance with the requirements of this Section.

d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full

compliance with the CE requirements set forth in subsections (a) and (b).

2) The Division may require additional evidence demonstrating compliance

with the CE requirements (e.g., certificate of attendance). This additional

evidence shall be required in the context of the Division's random audit. It

is the responsibility of each renewal applicant to retain or otherwise

produce evidence of compliance.

3) When there appears to be a lack of compliance with CE requirements, an

applicant shall be notified in writing and may request an interview with

the Board. At that time the Board may recommend that steps be taken to

begin formal disciplinary proceedings as required by Section 10-6516 of


21



the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

e) Continuing Education Earned in Other Jurisdictions.

1) If a licensee has earned CE hours offered in another state or territory not

given by an approved sponsor for which the licensee will be claiming

credit toward full compliance in Illinois, the applicant shall submit an

individual program approval request form, along with a $25 processing

fee, prior to participation in the program or 90 days prior to expiration of

the license. The Board shall review and recommend approval or

disapproval of the program using criteria set forth in subsection (c)(3) of

this Section.

2) If a licensee fails to submit an out of state CE approval form within the

required time frame, late approval may be obtained by submitting the

approval request form with the $25 processing fee plus a $10 per CE hour

late fee not to exceed $150. The Board shall review and recommend

approval or disapproval of the program using the criteria set forth in

subsection (c)(3) of this Section.

f) Restoration of Nonrenewed License. Upon satisfactory evidence of compliance

with CE requirements, the Division shall restore the license upon payment of the

required fee as provided in Section 55(e) and (f) of the Act.

g) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully

complied with these CE requirements shall file with the Division a

renewal application along with the required fee set forth in Section 55(d)

of the Act, a statement setting forth the facts concerning non-compliance

and request for waiver of the CE requirements on the basis of these facts.

A request for waiver shall be made prior to the renewal date. If the

Division, upon the written recommendation of the Board, finds from such

affidavit or any other evidence submitted that extreme hardship has been

shown for granting a waiver, the Division shall waive enforcement of CE

requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis by the Board

and be defined as an inability to devote sufficient hours to fulfilling the


21



CE requirements during the applicable pre-renewalprerenewal period

because of:

A) Full-time service in the armed forces of the United States of

America during a substantial part of the pre-renewalprerenewal

period;

B) An incapacitating illness documented by a statement from a

currently licensed physician;

C) A physical inability to travel to the site of approved programs

documented by a currently licensed physician; and

D) Any other similar extenuating circumstance.

3) Any renewal applicant who, prior to the expiration date of the license,

submits a request for a waiver, in whole or in part, pursuant to the

provisions of this Section shall be deemed to be in a good standing until

the final decision on the application is made by the Division.



21



1) Heading of the Part: Naprapathic Practice Act



1295.100 Amendment

4) Statutory Authority: Implementing and authorized by the Naprapathic Practice Act [225

ILCS 63].








11) Differences between Proposal and Final Version: Nonsubstantive



13) Will this rulemaking replace an emergency rule currently in effect? Yes








21







217/785-0813

fax: 217/557-4451



21




CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION


PART 1295

NAPRAPATHIC PRACTICE ACT

Section

1295.05 Application for Licensure as a Naprapath under Section 65 of the Act

(Grandfather) (Repealed)

1295.10 Approved Naprapathy Program

1295.20 Application for Licensure on the Basis of Examination

1295.30 Examination

1295.40 Endorsement

1295.50 Renewals


1295.70 Restoration

1295.75 Fees

1295.80 Unprofessional Conduct



AUTHORITY: Implementing the Naprapathic Practice Act [225 ILCS 63] and authorized by

Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 20 Ill. Reg. 5639, effective April 2, 1996; emergency amendment at 26

Ill. Reg. 18484, effective December 16, 2002, for a maximum of 150 days; amended at 27 Ill.

Reg. 7803, effective April 21, 2003; emergency amendment at 44 Ill. Reg. 16221, effective


January 28, 2021.


a) Continuing Education Hour Requirements

1) Beginning with the December 31, 2006 renewal, every renewal applicant

shall complete 30 hours of Continuing Education (CE) relevant to the

practice of naprapathy required during each prerenewal period. A pre-


21



renewalprerenewal period is the 24 months preceding December 31 in the

year of the renewal.

2) A CE hour equals 60 minutes. After completion of the initial CE hour,

credit may be given in one-half hour increments.

3) Courses that are part of the curriculum of a university or college shall be

allotted CE credit at the rate of 15 CE hours for each semester hour or 10

CE hours for each quarter hour of academic credit awarded.

4) A renewal applicant is not required to comply with CE requirements for the

first renewal following the original issuance of the license.

5) Naprapaths licensed in Illinois but residing and practicing in other states

must comply with the CE requirements set forth in this Section.


1) Continuing education hours may be earned by verified attendance at or

participation in a program that is offered by an approved continuing

education sponsor who meets the requirements set forth in subsection (c).

All 30 CE hours may be earned through online programs or courses.

2) CE credit may also be earned as follows:

A) A maximum of 8 hours may be earned per pre-renewalprerenewal

period for papers prepared and delivered before recognized

naprapathic organizations, papers published in nationally recognized

naprapathic journals, or a chapter in a book of naprapathy, each

appropriately verified.

B) A licensee who serves as an instructor, speaker or discussion leader

of a CE program will be allowed CE course credit for actual

presentation time, plus actual preparation time of up to 2 hours for

each hour of presentation. Preparation time shall not be allowed for

presentations of the same course. The instructor must be able to

provide verification of unique content for each CE course taught via

course goals, objectives and outline.


21



C) A maximum of 1 hour of continuing education in cardiopulmonary

resuscitation may be earned per pre-renewalprerenewal period.


another jurisdiction may be submitted for approval for fulfillment of the CE

requirements of the State of Illinois.

4) Credit shall not be given for courses taken in Illinois from unapproved

sponsors.

c) Continuing Education Sponsors and Programs

1) Approved sponsor, as used in this Section, shall mean:

A) The American Naprapathic Association or its affiliates;

B) The North American Naprapathic Association or its affiliates; or

C) Any other person, firm, association, corporation, or group that has

been approved and authorized by the Department pursuant to

subsection (c)(2) of this Section upon the recommendation of the

Committee to coordinate and present continuing education courses

or programs.

2) Entities seeking a license as a CE sponsor pursuant to subsection (c)(1)(C)

shall file a sponsor application, along with the required fee. (State agencies,

State colleges and State universities in Illinois shall be exempt from paying

this fee.) The applicant shall certify to the following:

A) That all courses and programs offered by the sponsor for CE credit

will comply with the criteria in subsection (c) and all other criteria in

this Section. The applicant shall be required to submit a sample

3-hour CE program with course materials, presenter qualifications

and course outline for review prior to being approved as a CE

sponsor;

B) That the sponsor will be responsible for verifying attendance at each

course or program, and provide a certification of completion as set

forth in subsection (b); and


21



C) That upon request by the Department, the sponsor will submit

evidence as is necessary to establish compliance with this Section.

This evidence shall be required when the Department has reason to

believe that there is not full compliance with the statute and this Part

and that this information is necessary to ensure compliance.

3) Each sponsor shall submit by December 31 of each even-numbered year a

renewal application along with the renewal fee. With the application, the

sponsor shall be required to submit to the Department a list of all courses

and programs offered in the pre-renewalprerenewal period, which includes a

description, location, date and time the course was offered.

4) All courses and programs shall:

A) Contribute to the advancement, extension and enhancement of

professional clinical skills and scientific knowledge in the practice

of naprapathy;

B) Provide experiences that contain scientific integrity, relevant subject

matter and course materials; and


experience in the subject matter of the program.

5) The tuition fees charged for programs conducted by the approved sponsors

shall be reasonable and directly related to the sponsor's actual expense in

conducting the programs.

6) All programs given by approved sponsors shall be open to all licensed

naprapaths and not be limited to the members of a single organization or

group and shall specify the number of CE hours.

7) Certificate of Attendance

A) It shall be the responsibility of the sponsor to provide each

participant in a program with a certificate of attendance signed by

the sponsor. The sponsor's certificate of attendance shall contain:


21



i) The name and address of the sponsor;

ii) The name and address of the participant and their

naprapathic license number;

iii) A detailed statement of the subject matter;

iv) The number of hours actually attended in each topic;

v) The date of the program; and

vi) The signature of the sponsor.

B) The sponsor shall maintain these records for not less than 5 years.

8) The sponsor shall be responsible for assuring verified continued attendance

at each program. No renewal applicant shall receive credit for time not

actually spent attending the program.

9) Upon the failure of a sponsor to comply with any of the foregoing

requirements, the Department, after notice to the sponsor and hearing before

any recommendation by the Committee pursuant to the Administrative

Hearing Rules (see 68 Ill. Adm. Code 1110) shall thereafter refuse to accept

for CE credit attendance at or participation in any of that sponsor's CE

programs until the time as the Department receives reasonably satisfactory

assurances of compliance with this Section.

d) Continuing Education Earned in Other States

1) If a licensee has earned CE hours in another state or territory for which

he/she will be claiming credit toward full compliance in Illinois, that

licensee shall submit an out-of-state CE approval form along with a $20

processing fee within 90 days of completion of the course. The Committee

shall review and recommend approval or disapproval of this program using

the criteria set forth in this Section.

2) If a licensee fails to submit an out-of-state CE approval form within the

required time, late approval may be obtained by submitting the application

with the $20 processing fee plus a $10 per hour late fee not to exceed


21



$150. The Committee shall review and recommend approval or

disapproval of this program using the criteria set forth in this Section.

e) Certification of Compliance with CE Requirements


compliance with CE requirements set forth in subsection (a) of this Section.

2) The Department may require additional evidence demonstrating compliance

with the CE requirements. It is the responsibility of each renewal applicant

to retain or otherwise produce evidence of compliance. The evidence shall

be retained for at least 5 years following the renewal period in which the

CE was taken.

3) The Department may conduct random audits to verify compliance with CE

requirements.


applicant will be notified and may request an interview with the Committee,

at which time the Committee may recommend that steps be taken to begin

formal disciplinary proceedings as required by Section 10-65 of the Illinois

Administrative Procedure Act [5 ILCS 100/10-65].

f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of his/her license without having

fully complied with these CE requirements shall file with the Department a

renewal application, the renewal fee set forth in Section 1295.75, a

statement setting forth the facts concerning thesuch non-compliance, and a

request for waiver of the CE requirements on the basis of these facts. If the

Department, upon the written recommendation of the Committee, finds

from the affidavit or any other evidence submitted, that good cause has been

shown for granting a waiver, the Department shall waive enforcement of the


2) Good cause shall be defined as an inability to devote sufficient hours to

fulfilling the CE requirements during the applicable pre-renewalprerenewal

period because of:


21




America during a substantial part of the pre-renewalsuch period; or

B) Extreme hardship, which shall be determined on an individual basis

by the Committee and shall be limited to documentation of:

i) An incapacitating illness documented by a currently licensed

physician,

ii) A physical inability to travel to the sites of approved

programs, or

iii) Any other similar extenuating circumstances.

3) If an interview with the Committee is requested at the time the request for

waiver is filed with the Department, the renewal applicant shall be given at

least 20 days written notice of the date, time and place of the interview by

certified mail, return receipt requested.



21



1) Heading of the Part: Professional Counselor and Clinical Professional Counselor

Licensing Act



1375.220 Amendment

4) Statutory Authority: Implementing and authorized by the Professional Counselor and

Clinical Professional Counselor Licensing Act [225 ILCS 107].








11) Differences between Proposal and Final Version: Non-substantive











21







217/785-0813

fax: 217/557-4451



21






PART 1375

PROFESSIONAL COUNSELOR AND CLINICAL PROFESSIONAL

COUNSELOR LICENSING ACT

SUBPART A: LICENSED PROFESSIONAL COUNSELOR

Section

1375.10 Temporary License as a Professional Counselor (Repealed)

1375.20 How to Obtain a Permanent License as a Professional Counselor After Receiving

a Temporary License (Repealed)

1375.30 Application for Examination/Permanent Licensure as a Professional Counselor

1375.40 Professional Experience for Licensure as a Professional Counselor after

December 31, 1998 (Repealed)

1375.45 Professional Education for Professional Counselor License

1375.50 Approved Professional Counseling Programs (Repealed)

1375.60 Examination – Professional Counselor

1375.70 Endorsement – Professional Counselor

1375.80 Restoration – Professional Counselor

SUBPART B: LICENSED CLINICAL PROFESSIONAL COUNSELOR

Section

1375.100 Temporary License as a Clinical Professional Counselor (Repealed)

1375.110 How to Obtain a Permanent License as a Clinical Professional Counselor After

Receiving a Temporary License (Repealed)

1375.120 Application for Examination/Permanent Licensure as a Clinical Professional

Counselor

1375.130 Professional Experience for Licensure as a Clinical Professional Counselor

1375.135 Clinical Professional Counselor Licenses for Clinical Psychologists and Clinical

Social Workers

1375.140 Approved Clinical Professional Counseling Programs (Repealed)

1375.145 Professional Education for Clinical Professional Counseling Programs

1375.150 Examination – Clinical Professional Counselor

1375.160 Endorsement – Clinical Professional Counselor

1375.170 Restoration – Clinical Professional Counselor


21



SUBPART C: GENERAL

Section

1375.200 Renewals

1375.205 Fees



1375.225 Unprofessional Conduct


1375.APPENDIX A Course Descriptions

1375.APPENDIX B Education, Experience and Examination History

AUTHORITY: Implementing the Professional Counselor and Clinical Professional Counselor

Licensing Act [225 ILCS 107] and authorized by Section 60(7) of the Civil Administrative Code

of Illinois [20 ILCS 2105].

SOURCE: Adopted at 18 Ill. Reg. 18018, effective December 12, 1994; amended at 22 Ill. Reg.

8460, effective May 4, 1998; amended at 24 Ill. Reg. 7335, effective May 1, 2000; emergency

amendment at 26 Ill. Reg. 18488, effective December 16, 2002, for a maximum of 150 days;

amended at 27 Ill. Reg. 5848, effective March 24, 2003; amended at 27 Ill. Reg. 15483, effective

September 19, 2003; amended at 28 Ill. Reg. 16277, effective December 2, 2004; amended at 35

Ill. Reg. 7586, effective May 13, 2011; emergency amendment at 44 Ill. Reg. 16230, effective


January 28, 2021.

SUBPART C: GENERAL


a) Continuing Education Hours Requirements

1) In order to renew a license, a licensee shall be required to complete 30

hours of continuing education. All clinical professional counselors are

required to complete 18 hours in clinical supervision training of the 30

continuing education hours required. This is a one-time (lifetime)

requirement. All supervision training successfully completed subsequent

to September 1, 2003 can be applied to the 18 hours of clinical supervision


21



continuing education required.

2) A prerenewal period is the 24 months preceding March 31 of each odd-

numbered year.

3) CE requirements shall be the same for licensed professional counselors

and licensed clinical professional counselors.

4) One CE hour shall equal one clock hour of attendance. After completion

of the initial CE hour, credit may be given in one-half hour increments.

5) A renewal applicant shall not be required to comply with CE requirements

for the first renewal of an Illinois license.

6) Professional counselors or clinical professional counselors licensed in

Illinois but residing and practicing in other states or jurisdictions shall

comply with the CE requirements set forth in this Section.


another jurisdiction may be applied to fulfill the CE requirements of the

State of Illinois.

b) Approved Continuing Education (CE)

1) CE hours shall be earned by verified attendance (e.g., certificate of

attendance or certificate of completion) at or participation in a program or

course (program) that is offered or sponsored by an approved continuing

education sponsor who meets the requirements set forth in subsection (c),

except for those activities provided in subsections (b)(2), (3) and (4).

2) A maximum of 15 CE credits per renewal period may be earned for

successful completion of a correspondence course (e.g., by mail,

computer, pre-recorded online course/program, live online

course/program, etc.) that is offered by an approved sponsor who meets

the requirements set forth in subsection (c). Each correspondence course

shall include an examination.

3) CE credit may be earned through postgraduate training programs (e.g.,

extern, residency or fellowship programs) or completion of professional


21



counseling related courses that are a part of the curriculum of a college,

university or graduate school. Courses that are part of the curriculum of a

university, college or other educational institution shall be allotted CE

credit at the rate of 15 CE hours for each semester hour or 10 CE hours for

each quarter hour of school credit awarded.

4) CE credit may be earned for verified teaching in the field of counseling in

an accredited college, university or graduate school and/or as an instructor

of continuing education programs given by approved sponsors. Credit

will be applied at the rate of 1.5 hours for every hour taught and only for

the first presentation of the program (i.e., credit shall not be allowed for

repetitious presentations of the same program). A maximum of 10 hours

of CE credit may be obtained in this category per prerenewal period.

5) CE credit may be earned for authoring papers, publications, dissertations

or books and for preparing presentations and exhibits in the field of

counseling. The preparation of each published paper, book chapter or

professional presentation dealing with professional counseling or clinical

professional counseling may be claimed as 5 hours of credit. A

presentation must be before an audience of professional counselors. Five

credit hours may be claimed for only the first time the information is

published or presented.

6) A maximum of 8 hours of CE credit may be earned per renewal period for

clinical supervision received or provided on a regular basis with a set

agenda. Clinical supervision shall be documented with a letter from the

supervisor indicating the start and end dates in which the supervision

occurred, the site where supervision was provided, the number of hours of

participation and the name and license number of the supervisor. The

letter shall be signed by the supervisor and the supervisee.

7) A maximum of 6 hours of CE credit may be earned per renewal period for

leadership activities. TheseSuch activities include, but are not limited to,

officer of a state or national counseling organization; editor of a

professional counseling journal; member of a national counselor

certification board; member of a national ethics disciplinary review

committee; chair of a major counseling conference or convention; active

member of a counseling committee producing a substantial written

product. The leadership shall be documented in a letter of confirmation on


21



the organization's letterhead and shall include the start and end dates of

leadership, the name of the organization and the position held.

c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean:

A) National Board for Certified Counselors or its affiliates;

B) American Counseling Association or its affiliates;

C) Commission on Rehabilitation Counselor or its affiliates;

D) American Association for Marriage and Family Therapy or its

affiliates;

E) Employee Assistance Professional Association (EAPA) and

Employee Assistance Society of North America (EASNA) or its

affiliates;

F) Social Work Continuing Education Sponsors approved by the

Division in accordance with the rules for the administration of

Clinical Social Work and Social Work Practice Act [225 ILCS 20],

68 Ill. Adm. Code 1470.95;

G) American Psychological Association or its affiliates; and

H) Any other accredited school, college or university, State agency, or

any other person, firm, or association that has been approved and

authorized by the Division pursuant to subsection (c)(2) of this

Section to coordinate and present continuing education courses and

programs.

2) An entity seeking approval as a CE sponsor pursuant to subsection

(c)(1)(H) shall submit an application, on forms supplied by the Division,

along with the fee set forth in Section 1375.205. (State agencies, State

colleges and State universities in Illinois shall be exempt from paying this

fee.) The application shall include:


21



A) Certification:

i) That all programs offered by the sponsor for CE credit shall

comply with the criteria in subsection (c)(3) and all other

criteria in this Section;

ii) That the sponsor shall be responsible for verifying full-time

continuous attendance at each program and provide a

certificate of attendance as set forth in subsection (c)(9);

iii) That, upon request by the Division, the sponsor shall

submit evidence (e.g., certificate of attendance or course

material) as is necessary to establish compliance with this

Section. Evidence shall be required when the Division has

reason to believe that there is not full compliance with the

statute and this Part and that this information is necessary

to ensure compliance;

B) A copy of a sample program with faculty, course materials and

syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the

professional skills and scientific knowledge of the licensee in the

practice of professional counseling or clinical professional

counseling;

B) Foster the enhancement of general or specialized counseling or

clinical counseling practice and values;


experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods

to be used; and

E) Specify the number of CE hours that may be applied to fulfilling

the Illinois CE requirements for license renewal.


21



4) Each CE program shall provide a mechanism for evaluation of the

program and instructor by the participants. The evaluation may be

completed on-site immediately following the program presentation or an

evaluation questionnaire may be distributed to participants to be

completed and returned by mail. The sponsor and the instructor, together,

shall review the evaluation outcome and revise subsequent programs

accordingly.

5) An approved sponsor may subcontract with individuals and organizations

to provide approved programs. All advertising, promotional materials,

and certificates of attendance must identify the licensed sponsor and the

sponsor's license number. The presenterpresentor of the program may also

be identified, but should be identified as a presenter. When a licensed

sponsor subcontracts with a presenter, the licensed sponsor retains all

responsibility for monitoring attendance, providing certificates of

attendance and ensuring the program meets all of the criteria established

by the Act and this Part, including the maintenance of records.

6) All programs given by approved sponsors shall be open to all licensed

professional counselors and licensed clinical professional counselors and

not be limited to members of a single organization or group.

7) To maintain approval as a sponsor pursuant to subsection (c)(2), each shall

submit to the Division by March 30 of each odd-numbered year a renewal

application, the fee set forth in Section 1375.205 and a list of courses and

programs offered within the last 24 months. The list shall include a brief

description, location, date and time of each course given by the sponsor

and by any subcontractor.

8) Certification of Attendance. It shall be the responsibility of a sponsor to

provide each participant in a program with a certificate of attendance or

participation. The sponsor's certificate of attendance shall contain:

A) The name, address and license number of the sponsor;

B) The name and address of the participant;

C) A brief statement of the subject matter;


21



D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor or person responsible for the CE

program.

9) The sponsor shall maintain attendance records for not less than 5 years.

10) The sponsor shall be responsible for assuring that no renewal applicant

shall receive CE credit for time not actually spent attending the program.

11) Upon the failure of a sponsor to comply with any of the requirements of

this Section, the Division, after notice to the sponsor and hearing before

and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall

thereafter refuse to accept for CE credit attendance at or participation in

any of that sponsor's CE programs until such time as the Division receives

assurances of compliance with this Section.

12) Notwithstanding any other provision of this Section, the Division or Board

may evaluate any sponsor of any approved CE program at any time to

ensure compliance with requirements of this Section.

d) Certification of Compliance with CE Requirements


compliance with the CE requirements set forth in subsections (a) and (b).

2) The Division may require additional evidence demonstrating compliance

with the CE requirements (e.g., certificate of attendance). This additional

evidence shall be required in the context of the Division's random audit. It

is the responsibility of each renewal applicant to retain or otherwise

produce evidence of compliance.


applicant shall be notified in writing and may request an interview with

the Board. At that time the Board may recommend that steps be taken to

begin formal disciplinary proceedings as required by Section 10-65 of the


21



Illinois Administrative Procedure Act [5 ILCS 100/10-65].

e) Continuing Education Earned in Other Jurisdictions

1) If a licensee has earned or is seeking CE hours offered in another

jurisdiction not given by an approved sponsor for which the licensee will

be claiming credit toward full compliance in Illinois, the applicant shall

submit an individual program approval request form, along with a $25

processing fee, prior to participation in the program or within 90 days after

expiration of the license. The Board shall review and recommend


subsection (c)(3).

2) If a licensee fails to submit an out of state CE approval form within the

required time frame, late approval may be obtained by submitting the

approval request form with the $25 processing fee plus a $50 per CE hour

late fee not to exceed $300. The Board shall review and recommend


subsection (c)(3).

f) Restoration of Nonrenewed License. Upon satisfactory evidence of compliance

with CE requirements, the Division shall restore the license upon payment of the

required fee as provided in Section 1375.205.

g) Waiver of CE Requirements



renewal application along with the required fee set forth in Section

1375.205, a statement setting forth the facts concerning noncompliance

and request for waiver of the CE requirements on the basis of these facts.

A request for waiver shall be made prior to the renewal date. If the

Division, upon the written recommendation of the Board, finds, from such

affidavit or any other evidence submitted, that extreme hardship has been

shown for granting a waiver, the Division shall waive enforcement of CE


2) Extreme hardship shall be determined on an individual basis by the Board



21




because of:



period;

B) An incapacitating illness documented by a statement from a

currently licensed physician;

C) A physical inability to travel to the sites of approved programs

documented by a currently licensed physician; or

D) Any other similar extenuating circumstances.

3) Any renewal applicant who, prior to the expiration date of the license,

submits a request for a waiver, in whole or in part, pursuant to the

provisions of this Section shall be deemed to be in good standing until the

final decision on the application is made by the Division.



21


NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: The Illinois Speech-Language Pathology and Audiology Practice

Act


3) Section Numbers: Adopted Actions:

1465.30 Amendment

1465.35 Amendment

4) Statutory Authority: Implementing and authorized by the Illinois Speech-Language

Pathology and Audiology Practice Act [225 ILCS 110].

5) Effective Date of Rules: January 28, 2021







11) Differences between Proposal and Final Version: There were no changes made to the

proposed version.


agreement letter issued by JCAR? None were made.








21



16) Information and questions regarding these adopted rules shall be directed to:





217/785-0813

fax: 217/557-4451

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


21






PART 1465

THE ILLINOIS SPEECH-LANGUAGE PATHOLOGY

AND AUDIOLOGY PRACTICE ACT

Section

1465.10 Application for Licensure Under Section 7 of the Act (Repealed)

1465.20 Approved Programs

1465.30 Professional Experience

1465.35 Supervision

1465.36 Evaluation and Management Related to Speech-Language Pathology and

Audiology

1465.40 Application for Licensure

1465.41 Temporary License

1465.45 Jurisdiction

1465.50 Examination

1465.60 Endorsement

1465.70 Renewal

1465.75 Fees

1465.80 Restoration



1465.95 Professional Conduct Standards

1465.100 Basic Health Screenings

AUTHORITY: Implementing the Illinois Speech-Language Pathology and Audiology Practice

Act [225 ILCS 110] and authorized by Section 2105-15(7) of the Civil Administrative Code of

Illinois [20 ILCS 2105].

SOURCE: Emergency rules adopted at 13 Ill. Reg. 1616, effective January 20, 1989, for a

maximum of 150 days; emergency expired June 19, 1989; adopted at 13 Ill. Reg. 13882,

effective August 22, 1989; amended at 18 Ill. Reg. 12794, effective August 4, 1994; amended at

19 Ill. Reg. 11477, effective July 28, 1995; emergency amendment at 21 Ill. Reg. 11785,

effective August 7, 1997, for a maximum of 150 days; emergency expired January 3, 1998;

amended at 22 Ill. Reg. 3879, effective February 5, 1998; amended at 22 Ill. Reg. 21978,

effective December 1, 1998; amended at 27 Ill. Reg. 15530, effective September 19, 2003;


21




effective January 20, 2011; amended at 44 Ill. Reg. 13072, effective August 7, 2020; emergency

amendment at 44 Ill. Reg. 16242, effective September 15, 2020, for a maximum of 150 days;

amended at 45 Ill. Reg. 1849, effective January 28, 2021.

Section 1465.30 Professional Experience

To meet the requirements of professional experience for licensure as a speech-language

pathologist or audiologist as set forth in Section (8)(f) of the Act, the applicant's experience:

a) Shall be an equivalent of 9 months of full-time, supervised professional

experience:

1) 30 hours or more per week over 9 months;

2) 25-29 hours per week over 12 months;



5) Less than 15 hours per week will not fulfill professional experience

requirements;

b) Shall include direct client contact in at least 36 supervised activities, including but

not limited to assessment/diagnosis/evaluation, screening, habilitation/

rehabilitation and activities related to client management as it pertains to the

practice of speech-language pathology or audiology as defined in Section 3 of the

Act.;

1) At least 18 of the 36 activities shall be on-site observations or remote

observation by the supervisor. One hour equals one on-site observation or

remote observation; no more than 6 hours can be accrued in one day.

2) The other supervised activities may be accomplished through

correspondence and include conferences, evaluation of written reports or

evaluations by professional colleagues.;

3) For the purpose of this subsection (b), remote observation means that the


21



services are being provided remotely using video-conference technology

tools while the supervisor observes;

c) Shall be part of an evaluation and therapy program located in a school, clinic,

hospital, community hospital or other equivalent settings (e.g., nursing homes);

d) Shall be supervised by a licensed speech-language pathologist or licensed

audiologist. For persons who obtain supervised experience in states or territories

of the United States where licensure is not required, the supervisor may be a

person who holds certification from the American Speech-Language-Hearing

Association or the American Board of Audiology. The supervisor shall be

responsible for direct and personal contact, and for monitoring, improving,

evaluating and documenting the performance of the individual who is under

his/her supervision; and

e) Shall begin after completion of the course work and clinical practicum education

to meet the requirements for the master's or doctoral degree. In lieu of meeting

the requirements set forth in subsections (a) through (d), the Division shall accept

a Certificate of Clinical Competence from the American Speech-Language-

Hearing Association or certification from the American Board of Audiology that

the applicant has completed the Clinical Fellowship required for certification as a

speech-language pathologist or audiologist.


Section 1465.35 Supervision

a) Pursuant to Section 3.5(a) of the Act, supervision of students in speech-language

pathology and audiology programs means that the supervisor is either on-site (but

not necessarily in the same room as the student) or available remotely using

video-conference technology tools whenever the student is performing practices

normally done by a licensed speech-language pathologist or audiologist.

Supervision of students requires that direct supervision must be done no less than

25% of the time for treatment and 25% of the time for diagnostics. The

supervisor is directly responsible to the client for all actions of that student. For

purposes of this Part, direct supervision means the student is on site and, in view

of the supervisor, or the supervisor remotely uses video-conference technology

tools that are in view of the student. This Part does not apply to students in

speech-language pathology assistant programs.


21



b) If a person has completed the academic and practicum work for a master's or

doctoral degree in speech-language pathology and the individual is in the process

of completing the equivalent of 9 months of supervised professional experience

for his/her initial license, or the individual has finished that experience and is

waiting for his/her application for licensure to be processed, supervision shall

meet the requirements set forth in Section 1465.30.

c) Pursuant to Section 8.8 of the Act, a speech-language pathology assistant shall:

1) Practice only under the supervision of a licensed speech-language

pathologist who has at least 2 years' experience in addition to the

supervised professional experience required under Section 8(f) of the Act.

A speech-language pathologist who supervises a speech-language

pathology assistant must have completed at least 6 clock hours of training

in supervision related to speech-language pathology and must complete at

least 2 clock hours of continuing education in supervision related to

speech-language pathology in each new licensing cycle after completion

of the initial training required under Section 8(f) of the Act.

A) The supervision training requirement shall be satisfied by

completion of 10 hours of continuing education as defined in

Section 1465.85(b).

B) Documentation of prior supervisory experience may be submitted

to the Board of Speech-Language Pathology and Audiology

(Board) with a request for its acceptance in lieu of the supervision

training requirement. The Board retains the discretion to approve

or deny the request.

2) Be under the direct supervision of a licensed speech-language pathologist

at least 30% of the speech-language pathology assistant's actual patient or

client contact time per patient or client on a weekly basis during the first

90 days of initial employment as a speech-language pathology assistant.

Thereafter, a speech-language pathology assistant must be under the direct

supervision of a licensed speech-language pathologist at least 20% of the

speech-language pathology assistant's actual patient or client contact time

per patient or client on a weekly basis. Supervision of a speech-language

pathology assistant beyond the minimum requirements of this subsection


21



(c)(2) may be imposed at the discretion of the supervising speech-

language pathologist. A supervising speech-language pathologist must be

available to communicate with a speech-language pathology assistant

whenever the assistant is in contact with a patient or client.

A) A speech-language pathologist who supervises a speech-language

pathology assistant must document direct supervision activities.

At a minimum, supervision documentation must provide:

i) information regarding the quality of the speech-language

pathology assistant's performance of assigned duties; and

ii) verification that clinical activity is limited to duties

specified in Section 8.7 of the Act.

B) A full-time speech-language pathologist may supervise no more

than 2 speech-language pathology assistants. A speech-language

pathologist who does not work full-time may supervise no more

than one speech-language pathology assistant.

3) For purposes of this subsection (c), "direct supervision" means on-site, in-

view observation and guidance by a speech-language pathologist while an

assigned activity is performed by the speech-language pathology assistant.



21



1) Heading of the Part: The Structural Engineering Practice Act of 1989



1480.185 Amendment

4) Statutory Authority: Implementing and authorized by the Structural Engineering Practice

Act of 1989 [225 ILCS 340].








11) Differences between Proposal and Final Version: Spelling was corrected.











21







217/785-0813

fax: 217/557-4451



21






PART 1480

THE STRUCTURAL ENGINEERING PRACTICE ACT OF 1989

Section

1480.10 Statutory Authority (Repealed)

1480.20 Licensure (Repealed)

1480.30 Approved Education Qualifications (Repealed)

1480.40 Approved Experience Qualifications (Repealed)

1480.45 Renewals (Renumbered)

1480.50 Restoration of Expired Certificate (Repealed)

1480.60 Granting Variances (Renumbered)

1480.110 Approved Structural Engineering Curriculum

1480.120 Definition of Degree in Related Science

1480.130 Approved Experience

1480.135 Application for Enrollment as a Structural Engineer Intern by Examination

1480.140 Application for Licensure by Examination

1480.150 Examination

1480.160 Restoration

1480.170 Endorsement

1480.175 Seismic Design Requirement



1480.190 Renewals

1480.195 Fees

1480.200 Professional Design Firm

1480.205 Acts Constituting the Practice of Structural Engineering Pursuant to Section 5 of

the Act

1480.210 Standards of Professional Conduct

1480.215 Structural Engineer Complaint Committee


AUTHORITY: Implementing the Structural Engineering Practice Act of 1989 [225 ILCS 340]

and authorized by Section 2105-15 of the Civil Administrative Code of Illinois [20 ILCS 2105].


21



SOURCE: Adopted at 4 Ill. Reg. 22, p. 242, effective May 15, 1980; amended at 4 Ill. Reg. 44,

p. 475, effective October 20, 1980; codified at 5 Ill. Reg. 11068; codified and amended at 5 Ill.

Reg. 14171, effective December 3, 1981; emergency amendment at 6 Ill. Reg. 916, effective

January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15,

1982; transferred from Chapter I, 68 Ill. Adm. Code 480 (Department of Registration and

Education) to Chapter VII, 68 Ill. Adm. Code 1480 (Department of Professional Regulation)

pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2947; emergency amendment

at 13 Ill. Reg. 5781, effective April 5, 1989, for a maximum of 150 days; amended at 13 Ill. Reg.

13891, effective August 22, 1989; amended at 15 Ill. Reg. 7081, effective April 29, 1991;


September 19, 1994; amended at 19 Ill. Reg. 2309, effective February 14, 1995; amended at 19

Ill. Reg. 16081, effective November 17, 1995; amended at 21 Ill. Reg. 13844, effective October

1, 1997; amended at 24 Ill. Reg. 639, effective December 31, 1999; amended at 24 Ill. Reg.

13734, effective August 28, 2000; amended at 26 Ill. Reg. 12271, effective July 24, 2002;

emergency amendment at 27 Ill. Reg. 12114, effective July 14, 2003, for a maximum of 150

days; amended at 27 Ill. Reg. 18990, effective December 5, 2003; amended at 34 Ill. Reg. 5669,


Ill. Reg. 14876, effective November 13, 2015; emergency amendment at 44 Ill. Reg. 16249,

effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1856,

effective January 28, 2021.


The continuing education required as a condition for license renewal under the Act is set forth in

this Section. All structural engineers shall meet these requirements.

a) Continuing Education Requirements

1) For every renewal, renewal applicants shall complete 30 hours of

Continuing Education (CE) relevant to the practice of structural

engineering during each pre-renewalprerenewal period. The

pre-renewalprerenewal period is the 24 months preceding the expiration

date of the license. Failure to comply with these requirements may result

in nonrenewal of the structural engineer's license or other disciplinary

action, or both.

2) A renewal applicant is not required to comply with CE requirements for

the first renewal following the original issuance of the license.


21



3) Structural engineers licensed in Illinois but residing and practicing in

another state must comply with the CE requirements set forth in this

Section. Continuing education credit hours used to satisfy the CE

requirements of another state and meeting the requirements of this Section

may be submitted toward fulfillment of the CE requirements of the State

of Illinois.

4) The minimum length of any single CE activity is one hour. After

completion of the initial CE hour, credit may be given in one-half hour

increments.

5) One continuing education hour shall represent a minimum of 50 minutes

of instruction or participation. No credit will be allowed for introductory

remarks, meals, breaks or administrative matters related to courses of

study. For a CE activity consisting of a single presentation with duration

greater than 60 minutes or consisting of multiple individual presentations

with total duration greater than 60 minutes, the CE credit earned shall be

determined by totaling the minutes of instruction or participation and

dividing by 60 to convert to hours. The number of hours from this

calculation shall be rounded down to the nearest one-half hour increment.

6) Nontechnical portions of a CE activity, such as receptions, dinners, etc.,

do not qualify for credit as CE.

b) Activities for which CE credit may be earned are as follows:

1) Course work relevant to structural engineering completed at an accredited

college or university. One semester credit hour of course work is

equivalent to 15 hours of CE and one quarter credit hour of course work is

equivalent to 10 hours of CE.

2) A maximum of 10 CE credit hours per pre-renewalprerenewal period may

be earned for the completion of a self-administered course. All required

CE hours may be obtained online; however, eachEach self-administered

course shall include an examination that will be graded by the sponsor.

3) Successful completion of continuing education courses.

4) A maximum of 10 CE credit hours per prerenewal period may be earned


21



for attending in-house courses. Credit for in-house courses will be based

on one CE credit for each hour of attendance. For courses presented

in-house by outside individuals, see subsection (b)(3).

5) Attending workshops or professional or technical meetings, conventions

or conferences in person or by webinar in real-time with opportunities for

interaction with the presenter. Attendance at qualifying programs,

professional and/or technical society meetings will earn CE credits for the

actual time of each program. Visiting exhibitor booths or similar activities

shall not qualify for CE credit. Recorded webinars shall be considered

self-administered and subject to the requirements of subsection (b)(2).

6) Teaching or presenting in the activities described in subsections (b)(1)

through (5). CE credit will be applied at the rate of 3 hours for every hour

taught, and only for the first presentation of the program (i.e., credit shall

not be allowed for repetitious presentations of the same program).

7) Authoring published papers, articles or books. The preparation of each

published paper or book chapter dealing with structural engineering may

be claimed as 10 hours of CE credit.

8) Two hours of CE credit may be earned by active participation on a

committee in a professional or technical society. A maximum of 10 CE

credit hours earned through participation on committees will be accepted

per prerenewal period.

c) All programs or courses shall:

1) Contribute to the advancement, extension and enhancement of the

professional skills and scientific knowledge of the licensee in practice of

structural engineering;

2) Foster the enhancement of general or specialized practice and values of

structural engineering;

3) Be developed and presented by persons with education and/or experience

in the subject matter of the program; and

4) Specify the course objectives, course content and teaching methods to be


21



used.

d) Acceptable providers for programs or course activities shall include, but not be

limited to:

1) Technical or professional societies or organizations relating to structural

engineering;

2) Colleges, universities or other accredited educational institutions; or

3) Providers of services or products used by or specified by structural

engineers.

e) It shall be the responsibility of a licensee to maintain a record of CE for 4 years

after the renewal that includes:

1) All of the following:

A) The name and address of the sponsor or presenter;

B) A brief statement of the subject matter, printed program schedules,

registration receipts or other proof of participation;

C) The number of hours attended in each program; and

D) The date and place of the program; or

2) The certificate of attendance, transcript or records of CE credits

maintained by an acceptable provider of continuing education or a records

administrator, or log of activities that include activities for CE credit not

given by a CE provider.

f) Certification of Compliance with CE Requirements


compliance with the CE requirements set forth in subsection (a).

2) The Division may require additional documentation in order to

demonstrate compliance with the CE requirements. It is the responsibility


21



of each renewal applicant to retain or otherwise produce evidence of

compliance. The additional documentation will be required in the context

of a Division audit.


applicant will be notified and may request an interview with the Board. At

that time the Board may recommend that steps be taken to begin formal

disciplinary proceedings as required by Section 10-65 of the Illinois

Administrative Procedure Act [5 ILCS 100/10-65].

g) The Division may conduct random audits to verify compliance with continuing

education requirements.

h) Waiver of CE Requirements



renewal application, the required renewal fee, a statement setting forth the

facts concerning the non-compliance, a request for waiver of the CE

requirements on the basis of these facts, and proof of CE that was

completed during the pre-renewalprerenewal period. The applicant may

request an interview with the Board at the time of the waiver request. If

the Division, upon the written recommendation of the Board, finds from

the applicant's affidavit or any other evidence submitted that extreme

hardship has been shown to substantiate granting of a waiver, the Division

shall waive enforcement of the CE requirements for the renewal period for

which the applicant has applied.

2) If an interview with the Board is requested at the time the request for

waiver is filed with the Division, the renewal applicant shall be given at

least 20 days written notice of the date, time and place of the interview by

certified mail, return receipt requested.

3) Extreme hardship shall be determined by the Board on an individual basis



because of:



21




period;

B) An incapacitating medical condition, documented by a currently

licensed physician;

C) A physical inability to travel to the sites of approved programs,

documented by a currently licensed physician; or

D) Any other similar extenuating circumstances (i.e., family illness

and prolonged hospitalization).

4) Any renewal applicant who, prior to the expiration date of his/her license,

submits a request for a waiver, pursuant to the provisions of this

subsection (h), shall be deemed to be in good standing and may practice

until the Division's final decision on the waiver has been made.



21

ILLINOIS LABOR RELATIONS BOARD


1) Heading of the Part: General Procedures



1200.40 Amendment

1200.50 Amendment

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations

Act [5 ILCS 315/5(i)].

5) Effective Date of Rules: February 1, 2021




in the Illinois Labor Relation Board's principal office and is available for public

inspection.



11) Differences between Proposal and Final Version: All changes were typographical or

stylistic in nature.


agreements issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? No


15) Summary and Purpose of Rulemaking: The rulemaking to Section 1200.40 establishes

rules for holding remote hearings via video conferencing technology.


21



The rulemaking to 1200.50 states that the Board will bear the costs charged by a

stenographer for the first two days of a hearing, subject to appropriations. This will

diminish the financial burden of the hearing process currently imposed upon the parties.


Anna Hamburg-Gal

Associate General Counsel

Illinois Labor Relations Board

160 N. LaSalle St. Ste. 400

Chicago IL 60601

312/793-6380

[email protected]



21





CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1200

GENERAL PROCEDURES

Section

1200.3 General Statement of Purpose

1200.5 Board Information and Business Hours

1200.7 Board Meetings

1200.10 Definitions

1200.20 Filing and Service of Documents

1200.30 Computation and Extensions of Time

1200.40 Authority of Administrative Law Judges

1200.45 Motions

1200.50 Recording of Hearings and Payment of Court Reporting Services

1200.60 Closing Arguments and Briefs Before An Administrative Law Judge

1200.70 Representation of Parties

1200.80 Ex Parte Communications

1200.90 Subpoenas

1200.100 Transfer of Jurisdiction

1200.105 Consolidation of Proceedings

1200.110 Amicus Curiae Briefs (Repealed)

1200.120 Voluntary Settlement or Adjustment of Disputes

1200.130 Rules of Evidence

1200.135 Appeals Procedures, Board Review and Court Review

1200.140 Briefs

1200.143 Declaratory Rulings

1200.145 Filing of Contracts

1200.150 Conflicts of Interest

1200.160 Variances and Suspensions of Rules

1200.170 Board Member Meeting Attendance by Means other than Physical Presence

AUTHORITY: Implementing and authorized by the Illinois Public Labor Relations Act [5 ILCS

315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 17314, effective September 11, 1984, for a

maximum of 150 days; adopted at 9 Ill. Reg. 1846, effective January 25, 1985; amended at 11 Ill.


21



Reg. 6428, effective March 27, 1987; amended at 12 Ill. Reg. 20096, effective November 18,

1988; amended at 14 Ill. Reg. 19896, effective November 30, 1990; amended at 17 Ill. Reg.

15588, effective September 13, 1993; amended at 20 Ill. Reg. 7391, effective May 10, 1996;

amended at 27 Ill. Reg. 7365, effective May 1, 2003; emergency amendment at 27 Ill. Reg.

15557, effective September 22, 2003, for a maximum of 150 days; emergency amendment

expired February 18, 2004; amended at 28 Ill. Reg. 4166, effective February 19, 2004;

emergency amendment at 28 Ill. Reg. 7540, effective May 12, 2004, for a maximum of 150 days;

emergency expired October 8, 2004; amended at 28 Ill. Reg. 15154, effective November 1, 2004;

emergency amendment at 37 Ill. Reg. 5897, effective April 22, 2013, for a maximum of 150

days; amended at 37 Ill. Reg. 14064, effective August 23, 2013; amended at 37 Ill. Reg. 20637,

effective December 13, 2013; emergency amendment at 39 Ill. Reg. 10641, effective July 15,

2015, for a maximum of 150 days; amended at 39 Ill. Reg. 15803, effective November 25, 2015;

amended at 40 Ill. Reg. 10892, effective August 1, 2016; expedited correction at 41 Ill. Reg.

4520, effective August 1, 2016; amended at 41 Ill. Reg. 6566, effective May 26, 2017;

emergency amendment at 44 Ill. Reg. 11866, effective July 6, 2020, for a maximum of 150 days;


effective February 1, 2021.

Section 1200.40 Authority of Administrative Law Judges

a) The Administrative Law Judge (ALJ) shall have the duty to conduct a fair

hearing, to take all necessary action to avoid delay, to maintain order, and to

ensure development of a clear and complete record. The ALJAdministrative Law

Judge shall have all powers necessary to achieve these ends, including, but not

limited to, the discretionary authority to:

1a) Require the parties to participate in a pre-hearing conference and/or

mediation before proceeding with a hearing;

2b) Require all parties to submit pre-hearing information, including, but not

limited to:,

A) a detailed written statement of the issue to be resolved at hearing

and its position;

B) a list of witnesses each party intends to call, the nature of their

testimony, the estimated time for each witness' testimony, and the

estimated time for the party's case in chief;


21



C) a list of exhibits to be offered by each party in its case in chief and

a copy of each exhibit; and

D) all other information the ALJAdministrative Law Judge requests;

3c) Regulate the proceedings of the case, and the conduct of the parties and

their counsel;

4d) Administer oaths and affirmations;

5e) Receive relevant testimony and evidence;

6f) Establish reasonable limits on the frequency and duration of the testimony

of any witness and limit repetitious or cumulative testimony;

7g) Examine witnesses and direct witnesses to testify; however, this provision

does not lessen any party's burden of proof;

8h) Issue subpoenas and rule upon motions to revoke subpoenas;

9i) Take administrative notice of generally recognized facts of which Illinois

courts may take judicial notice and of other facts within the specialized

knowledge and experience of the Board;

10j) Rule on objections, motions and questions of procedure;

11k) Authorize the submission of briefs and set the time for their filing;

12l) Hear closing argument;

13m) Order a hearing reopened prior to the issuance of the ALJ'sAdministrative

Law Judge's recommended decision and order;

14n) Render and serve the recommended decision and order on the parties to

the proceeding;

15o) Carry out the duties of ALJAdministrative Law Judge as provided or

otherwise authorized by the Act, this Part, or 80 Ill. Adm. Code 1210,

1220 or 1230 or the Act.


21



b) At the discretion of the ALJ, any hearing required under 80 Ill. Adm. Code 1210

and 1220 may be conducted either in person or by video teleconferencing.

1) Representation hearings shall be held at the offices of the Board or such

other location as the Board deems appropriate. [5 ILCS 315/9(a)]

2) Unfair labor practice hearings shall be held at the offices of the Board or

such other location as the Board deems appropriate. [5 ILCS 315/11(a)]

3) When a hearing is conducted using video teleconferencing, the parties and

the ALJ need not be physically present at the same location.

4) In deciding whether a hearing should be conducted by video

teleconferencing, the ALJ shall consider factors such as cost-effectiveness,

efficiency, facility accommodations, witness availability, public interest,

the parties' preferences, and the proceeding's complexity and

contentiousness.

5) When a hearing is conducted using video teleconferencing, appropriate

safeguards must be employed to ensure that the ALJ has the ability to

assess the witness' credibility and that the parties have a meaningful

opportunity to examine and cross-examine the witness. These safeguards

must ensure that:

A) the representatives of the parties have the opportunity to be present

at the remote location;

B) the ALJ, participants, and reporter are able to hear the testimony

and observe the witness;

C) the camera view is adjustable to provide a close-up view of

counsel and the witness and a panoramic view of the room;

D) exhibits used in the witness' examination are exchanged in advance

of the examination; and

E) video technology assistance is available to address technical

difficulties that arise during the examination.


21



6) The ALJ may also impose additional safeguards to effectuate the use of

video teleconferencing.

7) The official record of the videoconference testimony will be the official

transcript prepared by the reporter designated to transcribe the testimony.


Section 1200.50 Recording of Hearings and Payment of Court Reporting Services

a) When a hearing is held by the Board or its Administrative Law Judge at which

oral argument, testimony, or other oral presentation is offered, it shall be recorded

by stenographic or other means that adequately preserves the record. The records

shall be transcribed and made part of the administrative record. The parties shall

share equally all costs charged to the Board by the stenographer or court reporting

service. However, an individual, self-represented litigant may direct written

correspondence to the General Counsel requesting that the Board pay his/her

portion of the cost. Subject to appropriation, the Board will pay all or a portion of

the costs that would otherwise be borne by an individual, self-represented litigant.

b) Subject to appropriation, the Board will bear the costs charged by the

stenographer or court reporting service for the first two days of hearing. The

parties will share equally the costs of any additional days of hearing. When there

is inadequate appropriation, the parties shall share equally all costs charged to the

Board by the stenographer or court reporting service.

c) The Board will bear the costs of producing a transcript of oral arguments when

oral argument is requested by the Board, but not when oral argument is requested

by either party.

d) Parties may order transcripts and shall bear the costs of any transcripts that they

order.



21



1) Heading of the Part: Representation Proceedings



1210.140 Amendment


Act [5 ILCS 315/5(i)].





the Illinois Labor Relation Board's principal office and is available for public inspection.









15) Summary and Purpose of Rulemaking: The rulemaking clarifies that when there are

three or more choices on a ballot in a representation election and no choice receives a

majority, the Board will conduct only one runoff election.



21



Anna Hamburg-Gal




Chicago IL 60601

312/793-6380

[email protected]



21






PART 1210

REPRESENTATION PROCEEDINGS

Section


1210.20 Labor Organization Options in Seeking Recognition

1210.30 Employer Options in Responding to Recognition Requests

1210.35 Timeliness of Petitions and Bars to Elections

1210.37 Bargaining Unit Determinations

1210.40 Representation Petitions

1210.50 Intervention Petitions

1210.60 Decertification Petitions

1210.65 Declaration of Disinterest Petition

1210.70 Timeliness of Petitions (Repealed)

1210.80 Showing of Interest

1210.90 Posting of Notice (Repealed)

1210.100 Processing of Petitions

1210.105 Consent Elections

1210.107 Hearings

1210.110 Consent Elections (Renumbered)

1210.120 Bargaining Unit Determinations (Repealed)

1210.130 Eligibility of Voters

1210.140 Conduct of the Election

1210.150 Objections to the Election

1210.160 Voluntary Recognition Procedures

1210.170 Unit Clarification Procedures

1210.175 Stipulated Unit Clarification Procedures

1210.180 Procedures for Amending Certifications

1210.190 Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act

AUTHORITY: Implementing Section 9 and authorized by Section 5(i) and (j) of the Illinois

Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 16014, effective August 22, 1984, for a



21







15563, effective September 22, 2003, for a maximum of 150 days; amended at 28 Ill. Reg. 4172,

effective February 19, 2004; amended at 45 Ill. Reg. 1872, effective February 1, 2021.

Section 1210.140 Conduct of the Election

a) The election shall be conducted under the supervision of the Board. Voting shall

be by secret ballot. Whenever the Board determines that a mail ballot will better

effectuate the purposes of the Act, it shall conduct the election by mail ballot. In

all other cases, it shall conduct the election on site.

b) Ballots shall list all labor organizations that properly petitioned or intervened in

the election, the incumbent exclusive representative, and the choice of "No

Representation".

c) WhenWhere an election involves a bargaining unit that includes craft employees,

and there has been a proper petition for a separate craft unit, craft employees shall

be given two ballots: one to vote for or against craft severance and a second to

vote on choice of representative, if any. Noncraft employees shall only be given

ballots for voting on choice of representative.

d) WhenWhere an election involves a bargaining unit containing professional and

nonprofessional employees, all employees shall be given two ballots: one for

indicating whether they desire a combined professional/nonprofessional unit and a

second for indicating choice of representative, if any.

e) On Site Election Procedures. When the election is conducted on site, the

following procedures shall apply:

1) Each party shall be entitled to an equal number of observers, as

determined by the Executive Director or the Board agent. Observers for

the employer may not be individuals who supervise any of the employees

in the bargaining unit, other individuals closely identified with

management, paid union staff, or attorneys for any party. The conduct of

observers is subject to such reasonable limitations as the Executive

Director or Board agent may prescribe.


21



2) Parties must submit to the Board agent the names and job titles of each

observer who will be present at the election. This information shall be

submitted at least 2 days prior to the election.

3) Election observer duties include assisting in the identification of voters,

challenging voters and/or ballots, if necessary, and otherwise assisting the

Board agent.

4) The Board agent shall prescribe the area in proximity to the polling place

in which electioneering shall be prohibited. Cameras, video equipment,

and similar equipment shall be prohibited within the actual polling area

while employees are voting.

5) Ballot boxes shall be examined in the presence of the observers

immediately prior to the opening of the polls and shall be sealed at the

opening of the polls. The seal shall allow for one opening on the top of

the ballot box for voters to insert their ballots.

6) The Board agent or any authorized observer may challenge the eligibility

of any voter. The observer must state the reason for the challenge. A

voter whose identity has been challenged may establish identity by

showing a driver's license or any other piece of identification acceptable to

the Board agent. A challenged voter shall be permitted to vote in secret.

The challenged voter's ballot shall be placed in a "challenged ballot"

envelope. The envelope shall be sealed by the Board agent and initialed

by the observers. The reason for the challenge and the voter's name shall

be marked on the envelope and the envelope shall be placed in the ballot

box.

7) A voter shall mark a cross (X) or check mark in the circle or block

designating the voter's choice in the election. If the voter seeks assistance

in marking the ballot, the intent of the voter shall be followed in that

marking of the ballot. If the ballot is defaced, torn or marked in such a

manner that it is not understandable, or identifies the voter, the ballot shall

be declared void. If the voter inadvertently spoils a ballot, it may be

returned to the Board agent who shall give the voter another ballot. The

spoiled ballot shall be placed in a "spoiled ballot" envelope. The envelope

shall be sealed by the Board agent and initialed by the observers, and the


21



Board agent shall place the envelope in the ballot box.

8) A voter shall fold the ballot so that no part of its face is exposed and, on

leaving the voting booth, shall deposit the ballot in the ballot box. If the

election is continued for more than one period, the ballot box shall be

sealed by the Board agent and initialed by the observers until the

subsequent opening of the polls and shall remain in the custody of the

Board agent until the counting of the ballots.

9) The Board agent may privately assist any voter who, due to physical or

other disability, is unable to mark the ballot.

10) Each party shall designate a representative to observe the tallying of the

ballots.

11) Upon conclusion of the polling, ballots shall be tallied in accordance with

subsection (g). If there was only one polling location, ballots shall be

tallied at the polling site. If there was more than one polling location, the

Board agent shall seal the ballot boxes, which shall be initialed by the

observers, and bring them to a predetermined central location. When all

of the ballot boxes have arrived, they shall be opened by the Board agent

and the ballots shall be commingled for tallying.

f) Mail Ballot Election Procedures.When the election is to be conducted by mail

ballot, the following procedures shall apply:

1) Each eligible voter shall be mailed a packet containing a ballot, ballot

envelope, a pre-addressed stamped return envelope, and instructions.

2) The instructions shall advise the voter to mark the ballot without using a

self-identifying mark, place the ballot in the ballot envelope, seal the

ballot envelope and place it in the return envelope, seal the return

envelope, both print and sign the return envelope across the seal, and mail

it to the Board. The instructions will also advise the voter of the date, set

by the Board, by which return envelopes must be postmarked.

3) When the election includes a vote on a combined professional/

nonprofessional unit, or a vote on craft severance, the appropriate voters

shall be mailed separate ballots and ballot envelopes for unit preference or


21



craft severance, and for choice of representative. These voters shall be

instructed to mark the ballots separately, place them in their respective

ballot envelopes, and return both ballot envelopes in the return envelope.

4) The parties may designate an equal number of representatives, as set by

the Board, to observe the tallying of the ballots. Ballots shall be tallied on

a date set by the Board.

5) Ballots shall remain unopened in their return envelopes until the date set

for tallying. On the date set for tallying, the representatives and the Board

agent shall have an opportunity to challenge any ballots prior to the

opening of the return envelopes. Challenged ballots shall be handled in

accordance with subsection (e)(6). All ballots that have not been

challenged shall be separated from their return envelopes and commingled

prior to tallying.

6) The ballots shall be tallied in accordance with subsection Section

1210.140(g).

7) The Board agent shall attempt to resolve ballot challenges before the

ballots are counted.

g) Vote Tally Procedures. In mail and on site elections, ballots will be tallied, in the

presence of the parties' representatives attending the count, as follows:

1) The Board agent shall segregate the challenged ballots. The challenged

ballots shall only be opened and counted if they could be determinative of

the outcome of the election.

2) If challenges to ballots have not been resolved, and if the challenges could

affect the outcome of the election, the Board will treat the challenges in

the same manner as objections to the election.

3) When the election includes a vote on craft severance, the craft employee

ballots on craft severance shall be tallied first. If a majority of the craft

employees casting valid craft severance ballots choose craft severance, the

craft and noncraft ballots on choice of representative, if any, shall be

tallied separately. If a majority of the craft employees casting valid ballots

do not choose craft severance, the ballots on choice of representative, if


21



any, shall be tallied together.

4) When the election includes a vote on a combined professional/

nonprofessional unit, the ballots on unit preference shall be tallied first.

Separate tallies shall be made for professional and nonprofessional

employees. If a majority of the employees casting valid ballots in each

group vote for a combined unit, the ballots on choice of representative, if

any, shall be tallied together. If a combined unit fails to receive a majority

vote in either or both groups, the ballots on choice of representative, if

any, shall be tallied separately.

h) When there are only two choices on the ballot and each receives 50 percent of the

vote, the following shall apply:

1) In representation elections, absent valid objections or challenges, the

Board shall certify that a majority of the employees have not voted to

select the labor organization as their exclusive representative.

2) In decertification elections, absent valid objections or challenges, the

Board shall certify that a majority of the employees no longer desire to be

represented by the labor organization.

i) WhenWhere there are three or more choices on the ballot (two or more labor

organizations and "No Representation") and no choice receives a majority of the

valid ballots cast, the Board shall conduct onea runoff election between the two

choices that received the most votes. When there is a tie for first place among

more than two choices, the runoff shall be among those choices involved in the

tie. When the first place choice has not received a majority of the votes and there

is a tie for second place, the runoff shall be among the first place choice and those

tying for second place. The results of votes taken during the first election on craft

severances and/or combined professional/nonprofessional units, if applicable,

shall be binding on the runoff election.

j) The Board shall preserve all ballots until such time as any objections to the

election have been resolved and the results have been certified.



21



1) Heading of the Part: Unfair Labor Practice Proceedings



1220.80 Amendment

1220.100 Amendment


Act [5 ILCS 315/5(i)].

5) Effective Date of Rules: February 1, 2021




in the Illinois Labor Relation Board's principal office and is available for public

inspection.









15) Summary and Purpose of Rulemaking: The rulemaking to Section 1220.80 clarifies the

existing process by which parties may obtain a stay of a Board order.


21



The rulemaking to Section 1220.100 establishes a regulatory framework for the

implementation of the recent amendments to Section 6 of the Act. It outlines the process

by which parties may file charges alleging that a labor organization unlawfully collected

union dues.


Anna Hamburg-Gal




Chicago IL 60601

312/793-6380

[email protected]



21






PART 1220

UNFAIR LABOR PRACTICE PROCEEDINGS

Section


1220.20 Filing of a Charge

1220.30 Appointment of Counsel (Renumbered)

1220.40 Charge Processing and Investigation, Complaints and Responses

1220.50 Hearings

1220.60 Consideration by the Board (Repealed)

1220.65 Deferral to Arbitration

1220.70 Requests for Preliminary Relief

1220.80 Compliance Procedures

1220.90 Sanctions

1220.100 Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-

Collected Dues

1220.105 Appointment of Counsel

1220.TABLE A "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor

Practice Cases

AUTHORITY: Implementing Sections 10 and 11 and authorized by Section 5(i) of the Illinois

Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 16043, effective August 22, 1984, for a






11873, effective July 6, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17701,

effective October 26, 2020; amended at 45 Ill. Reg. 1880, effective February 1, 2021.

Section 1220.80 Compliance Procedures


21



a) Whenever it is determined that an unfair labor practice has been committed, a

copy of the Board's decision and order, or a copy of the Administrative Law

Judge's (ALJ's) recommended decision and order in cases in whichwhere the

Board has declined to review the ALJ'ssuch recommended decision and order,

shall be sent to the compliance officer who shall be responsible for monitoring the

respondent's compliance with the order. Following an investigation, the

compliance officer may order that the parties take certain actions or he or she may

set the matter for a compliance hearing.

b) Parties may request that the Board seek enforcement of the Board's order pursuant

to Section 11(f) of the Act. Requests shall be in the form of a petition for

enforcement filed with the Board and served upon the other parties. The petition

shall set forth specifically the manner in which the respondent has failed to

voluntarily comply with the Board's order, or ALJ'sAdministrative Law Judge's

recommended order in cases in whichwhere the Board has declined to review the

ALJ'sAdministrative Law Judge's order.

c) The compliance officer shall investigate the information in the petition and shall

issue and serve upon the parties, no later than 75 days after the filing of the

petition, an order dismissing the petition, directing specifically the actions to be

taken by the respondent, or setting the matter for hearing before an

ALJAdministrative Law Judge.

d) If a party fails or refuses to respond to a compliance officer's request for

information, the compliance officer shall make the determinations based on the

evidence presented.

e) No later than 7 days after service of the compliance officer's order dismissing the

petition or directing action by the respondent, the parties may file objections to

the compliance order. The objections shall:

1) set forth specifically the finding, order or omission to which the objection

is taken; and

2) set forth specifically the grounds for the objection, and be accompanied by

any available supporting documentation, specific calculations and requests

for subpoenas.

f) Any objection to a finding, order or omission not specifically urged shall be


21



deemed waived. In the event that objections are filed by any party, the Board

shall set the matter for hearing before an ALJAdministrative Law Judge.

g) Parties may appeal the ALJ'sAdministrative Law Judge's recommended

compliance decision and order in accordance with 80 Ill. Adm. Code 1200.135.

h) An aggrieved party may apply to the Appellate Court for a stay of the enforcement

of the Board's order after the aggrieved party has followed the procedure

prescribed by Supreme Court Rule 335. (Section 11(e))

1) Pursuant to Supreme Court Rule 335(g), "application for a stay of a

decision or order of an agency pending direct review in the Appellate

Court shall ordinarily be made in the first instance to the agency."

2) Applications for a stay of a decision or order issued by the Board shall be

made by motion filed with the General Counsel pursuant to 80 Ill. Adm.

Code 1200.45, for consideration and ruling by the Board.

h) All proceeding under this Section shall be suspended during the pendency of any

appeal from the Board's decision finding a violation of the Act. However, when a

court denies a request for a stay of the proceedings, the compliance officer may

resume monitoring the respondent's compliance with the Administrative Law

Judge's or Board's decision and order.


Section 1220.100 Unfair Labor Practice Charges Involving Fair Share Fees and

Unlawfully-Collected Dues

a) Unfair Labor Practice Charges Involving Fair Share Fees

1) Unfair labor practice charges that proportionate share fees violate the Act

shall be filed and processed in accordance with this Part.

2b) The Board shall consolidate charges involving proportionate share fees in

accordance with 80 Ill. Adm. Code 1200.105. Specifically, the Board

shall consolidate in a single proceeding all proportionate share fee charges

involving the same bargaining unit. The Board shall consolidate charges

involving two or more bargaining units whenever it determines that the


21



exclusive representatives are affiliated with a common employee

organization, the exclusive representatives use similar methods for

determining fair share fees, the consolidation would not prejudice the

constitutional and statutory rights of the objecting employees, and the

consolidation would resolve the charges in an efficient manner.

3c) In hearings on fair share fee charges, the exclusive representative shall

have the burden of proving how the fair share fee was calculated and that

the fee did not exceed the employee's proportionate share of the costs of

the collective bargaining process, contract administration and pursuing

matters affecting wages, hours and conditions of employment.

(SectionSections 3(g) and (e) of the Act)

b) Unfair Labor Practice Charges Involving Unlawfully-Collected Dues

1) Unfair labor practice charges that a labor organization has unlawfully

collected dues from a public employee in violation of the Act shall be filed

and processed in accordance with this Part.

2) In cases in which a public employee alleges that a labor organization has

unlawfully collected dues, the public employer shall continue to deduct the

employee's dues from the employee's pay, but shall transmit the dues to

the Board for deposit in an escrow account maintained by the Board.

(Section 6(f-35) of the Act)

3) An exclusive representative must maintain an escrow account for the

purpose of holding dues deductions to which employees have objected.

4) The employer shall transmit the entire amount of dues to the exclusive

representative, and the exclusive representative shall hold them in escrow.

5) An escrow account maintained by an exclusive representative shall meet

the following standards:

A) The account shall be maintained in a federally insured financial

institution.

B) The account shall earn interest of at least the rate provided by

commercial banks for regular passbook savings accounts.


21



C) If the account combines the dues of more than one objector,

separate records must be kept of each objector's dues, prorating the

interest earned on the account.

D) The escrow account may contain the fees of objecting employees

in different bargaining units.

E) Any charges resulting from a financial institution for the cost of

maintaining an escrow account shall be borne by the exclusive

representative.



21



1) Heading of the Part: Impasse Resolution



1230.90 Amendment


Act [5 ILCS 315/5(i)].





the Illinois Labor Relation Board's principal office and is available for public inspection.









15) Summary and Purpose of Rulemaking: The rulemaking corrects a citation reference.


Anna Hamburg-Gal



21





Chicago IL 60601

312/793-6380

[email protected]



21






PART 1230

IMPASSE RESOLUTION

SUBPART A: STATEMENT OF PURPOSE AND DEFINITIONS

Section


1230.20 Definitions (Repealed)

SUBPART B: IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS

Section

1230.30 General Purpose of this Subpart

1230.40 Filing of Contracts (Repealed)

1230.50 Bargaining Notices for Protective Services Units

1230.60 Mediation

1230.70 Demand for Compulsory Interest Arbitration

1230.80 Composition of the Arbitration Panel

1230.90 Conduct of the Interest Arbitration Hearing

1230.100 The Arbitration Award

1230.110 Employer Review of the Award

SUBPART C: IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS

Section

1230.120 General Purpose of this Subpart

1230.130 Filing of Contracts (Repealed)

1230.140 Bargaining Notices for General Public Employee Units

1230.150 Mediation

1230.160 Fact-finding

1230.170 Voluntary Interest Arbitration

1230.180 Strikes

1230.190 Petitions for Strike Investigations

SUBPART D: GRIEVANCE ARBITRATION AND MEDIATION


21



Section

1230.200 Grievance Arbitration

1230.210 Grievance Mediation

SUBPART E: ILLINOIS PUBLIC EMPLOYEE MEDIATION/ARBITRATION ROSTER

Section

1230.220 Mediation/Arbitration Roster

AUTHORITY: Implementing Sections 7, 12, 13, 17 and 18 and authorized by Section 5(i) and

(j) of the Illinois Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 17322, effective September 11, 1984, for a

maximum of 150 days; adopted at 9 Ill. Reg. 1857, effective January 25, 1985; Part repealed,

new Part adopted at 11 Ill. Reg. 6434, effective March 27, 1987; amended at 12 Ill. Reg. 20102,

effective November 18, 1988; amended at 14 Ill. Reg. 19903, effective November 30, 1990;


effective May 1, 2003; amended at 41 Ill. Reg. 4510, effective April 17, 2017; amended at 45 Ill.

Reg. 1887, effective February 1, 2021.

SUBPART B: IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS

Section 1230.90 Conduct of the Interest Arbitration Hearing

a) The neutral chairman of the arbitration panel shall provide the parties with

reasonable notice of a hearing to commence within 15 days following the

Chairman's appointment. The parties may agree in writing to extend the time for

commencement of the hearing for a period of time not to exceed 90 days. The

hearing shall conclude within 30 days following its commencement, unless the

parties agree to extend this period.

b) The arbitration panel shall be responsible for choosing the location of the hearing

and securing the premises. The Board hereby deems it appropriate for hearings to

take place at the location selected by the panel. Requests to use the hearing rooms

at the Board's offices must be made to the Board at least 10 days in advance, and

will only be granted if space is available.

c) The neutral chairman shall preside over the hearing and shall take testimony.


21



(Section 14(d) of the Act) The neutral chairman shall control the hearing to

ensure that it is concluded expeditiously within 30 days after its commencement

or within such longer period to which the parties may agree.

d) The neutral chairman shall have the authority to issue subpoenas in accordance

with this Section. Subpoenas shall be secured by the neutral chairman from the

Board's office. If any person refuses to obey a subpoena, or refuses to be sworn

or to testify, or if any witness, party or representative is guilty of contempt while

in attendance at the hearing, the neutral chairman may advise the Board's General

Counsel. The General Counsel shall request the assistance of the Attorney

General to invoke the aid of the circuit court within the jurisdiction in which the

hearing is being held. (Section 14(e) of the Act)

e) The arbitration proceeding shall be informal. Technical rules of evidence shall

not apply and the competence of evidence shall not thereby be deemed impaired.

(Section 14(d) of the Act)

f) The arbitration panel may administer oaths, require the attendance of witnesses

and the production of books, papers, contracts, agreements, and documents as

may be deemed by it to be material to a just determination of the issues in dispute.

(Section 14(e) of the Act)

g) The hearing proceedings shall be transcribed. The arbitration panel shall arrange

for the recording and transcription of the proceedings. The costs of recording and

transcribing the hearing shall be shared equally by the parties. Any party that

desires a copy of the transcript shall be responsible for the cost of its copy.

h) The neutral chairman, if he or she is of the opinion that it would be useful or

beneficial to do so, may remand the dispute to the parties for further collective

bargaining for a period not to exceed 2 weeks. (Section 14(f) of the Act) The

chairman shall notify the Board in writing of any such remand. If the dispute is

remanded to the parties, the running of the time period for conclusion of the

hearing shall be stayed.

i) Majority actions and rulings shall constitute the actions and rulings of the

arbitration panel. (Section 14(d) of the Act)

j) Arbitration proceedings shall not be interrupted or terminated by reason of any

unfair labor practice charges involving either party. (Section 14(d) of the Act)


21



k) Whenever one party has objected in good faith to the presence of an issue before

the arbitration panel on the ground that the issue does not involve a subject over

which the parties are required to bargain, the arbitration panel's award shall not

consider that issue. However, except as provided in subsections (1) and (m) of

this Section, the arbitration panel may consider and render an award on any issue

that has been declared by the Board, or by the General Counsel pursuant to 80 Ill.

Adm. Code 1200.143140(b), to be a subject over which the parties are required to

bargain.

l) Arbitration – Peace Officers

1) In arbitration proceedings involving peace officers, the arbitration panel's

decision shall be limited to wages, hours and conditions of employment

(which may include residency requirements in municipalities with a

population under 1,000,000, but those residency requirements shall not

allow residency outside of Illinois) and shall not include the following:

A) residency requirements in municipalities with a population of at

least 1,000,000;

B) the type of equipment, other than uniforms, issued or used;

C) manning;

D) the total number employees employed by the department;

E) mutual aid and assistance agreements to other units of

government; and

F) the criterion pursuant to which force including deadly force, can

be used.;

2) However,provided nothing in Section 14(i) of the Act or in this subsection

(l)herein shall preclude an arbitration decision regarding equipment or

manning considerations in a specific work assignment involve a serious

risk to the safety of a peace officer beyond that which is inherent in the

normal performance of police duties. (Section 14(i) of the Act)


21



m) Arbitration – Firefighters/Paramedics

1) In arbitration proceedings involving firefighters or paramedics employed

by fire departments or fire protection districts, the arbitration panel's

decision shall be limited to wages, hours and conditions of employment

(which may include residency requirements in municipalities with a

population under 1,000,000, but those residency requirements shall not

allow residency outside of Illinois) and shall not include the following

matters:

A) residency requirements in municipalities with a population of at

least 1,000,000;

B) the type of equipment (other than uniforms and fire fighter turnout

gear) issued or used;

C) the total number of employees employed by the department;

D) mutual aid and assistance agreements to other units of

government; and

E) the criterion pursuant to which force, including deadly force, can

be used;

2) However,provided, however, nothing in Section 14(i) of the Act or this

subsection (m)herein shall preclude an arbitration decision regarding

equipment levels if thatsuch decision is based on a finding that the

equipment considerations in a specific work assignment involve a serious

risk to the safety of a fire fighter beyond that which is inherent in the

normal performance of fire fighter duties. (Section 14(i) of the Act)

3) TheThese limitations of this subsection (m) shall not apply to any

provision of a firefighter collective bargaining agreement in effect and

applicable as of January 1, 1986.

n) If issues of peace officer manning, or peace officer, firefighter or paramedic

equipment, are raised, unless otherwise agreed to by the parties, the panel shall

receive evidence concerning the existence of a serious safety risk beyond that

which is inherent in the normal performance of the employee's duties and


21



evidence concerning the merits of the issue in the same proceeding.

o) The arbitration panel:

1) shall:

A) determine which issues are in dispute and which of those issues are

economic issues; and

B) serve a copy of that determination on the parties; and

C) require the parties to submit their final offers of settlement on each

economic issue in dispute.

2) need not determine whether, with regard to protective service employees,

equipment or manning issues involve serious safety risks beyond that

which is inherent in the normal performance of the employees' duties at

this stage of the proceeding.

3) may allow the parties reasonable additional time, as determined by the

number and the complexity of the issues, for presenting written or oral

arguments in support of their positions. The hearing shall be considered

concluded when final offers are submitted or when written or oral

arguments are presented, whichever is later.

4) whenwhere the Board has issued an order or the General Counsel has

issued a declaratory ruling, or an issue concerning the mandatory or non-

mandatory nature of a matter is in dispute between the parties, allow

parties to amend those aspects of their final offers affected by the Board

Order or General Counsel's declaratory ruling.

p) The following costs shall be shared equally by the parties:

1) theThe neutral chairman's fee;, and

2) costs of recording and transcribing the hearing;,

3) the rent, if any, for the hearing room;, and


21



4) all other costs of the proceeding, except for supplemental proceedings

necessitated by an employer's rejection of an arbitration award, shall be

shared equally by the parties.



21


NOTICE OF ADOPTED REPEALER

1) Heading of the Part: Gubernatorial Designation of Positions Excluded from Collective

Bargaining



1300.10 Repealed

1300.20 Repealed

1300.30 Repealed

1300.40 Repealed

1300.50 Repealed

1300.60 Repealed

1300.70 Repealed

1300.80 Repealed

1300.90 Repealed

1300.100 Repealed

1300.110 Repealed

1300.120 Repealed

1300.130 Repealed

1300.140 Repealed

1300.150 Repealed


Act [5 ILCS 315/5(i)].

5) Effective Date of Repealer: February 1, 2021



8) A copy of the adopted repealer, including any material incorporated by reference, is on

file in the Illinois Labor Relation Board's principal office and is available for public

inspection.




21


NOTICE OF ADOPTED REPEALER




13) Will this repealer replace any emergency rule currently in effect? No


15) Summary and Purpose of Repealer: These rules are being repealed because the

legislation they implemented is no longer in effect.

16) Information and questions regarding this adopted repealer shall be directed to:

Anna Hamburg-Gal




Chicago IL 60601

312/793-6380

[email protected]


21

DEPARTMENT OF NATURAL RESOURCES


1) Heading of the Part: Sport Fishing Regulations For The Waters of Illinois



810.20 Amendment

810.37 Amendment

810.45 Amendment

810.70 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5,

10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-

95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5].




8) A copy of the adopted rules, including all material incorporated by reference is on file in

the Department of Natural Resources' principal office and is available for public

inspection.


10) Has JCAR issued a Statement of Objection to this rulemaking? No



agreements issued by JCAR? No agreements were necessary.



15) Summary and Purpose of Rulemaking: This Part is being amended to update site-specific

and statewide sporting regulations.


21




John Heidinger, Legal Counsel

Department of Natural Resources

One Natural Resources Way


217/782-1809



21



TITLE 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER b: FISH AND WILDLIFE

PART 810

SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS

Section

810.5 Definitions

810.10 Sale of Fish and Fishing Seasons − Statewide

810.14 Wanton Waste – Fish, Reptiles, Amphibians, Mollusks and Crustaceans

Abandonment

810.15 Statewide and Site Specific Bowfishing (Archery/Spear Methods) Regulations

810.20 Snagging

810.25 Trotlines

810.28 Mussels

810.30 Pole and Line Fishing Only (Repealed)

810.35 Statewide Sportfishing (Hook and Line and Other Non-Bowfishing or Non-

Snagging Legal Methods Under a Sportfishing License) Regulations – Daily

Harvest and Size Limits

810.37 Definitions for Site Specific Sportfishing Regulations

810.40 Daily Harvest and Size Limits (Repealed)

810.45 Site Specific Water Area Regulations

810.50 Bait Fishing

810.60 Bullfrogs (Repealed)

810.70 Free Fishing Days

810.80 Emergency Protective Procedures

810.90 Fishing Tournament Permit

810.100 Bed Protection

AUTHORITY: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5, 10-5, 10-10,

10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35

and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 751, effective January 8, 1981; codified at 5 Ill. Reg. 10647;

amended at 6 Ill. Reg. 342, effective December 23, 1981; amended at 6 Ill. Reg. 7411, effective

June 11, 1982; amended at 7 Ill. Reg. 209, effective December 22, 1982; amended at 8 Ill. Reg.

1564, effective January 23, 1984; amended at 8 Ill. Reg. 16769, effective August 30, 1984;

amended at 9 Ill. Reg. 2916, effective February 26, 1985; emergency amendment at 9 Ill. Reg.


21



3825, effective March 13, 1985, for a maximum of 150 days; emergency expired August 10,

1985; amended at 9 Ill. Reg. 6181, effective April 24, 1985; amended at 9 Ill. Reg. 14291,

effective September 5, 1985; amended at 10 Ill. Reg. 4835, effective March 6, 1986; amended at

11 Ill. Reg. 4638, effective March 10, 1987; amended at 12 Ill. Reg. 5306, effective March 8,

1988; emergency amendment at 12 Ill. Reg. 6981, effective April 4, 1988, for a maximum of 150

days; emergency expired September 1, 1988; emergency amendment at 12 Ill. Reg. 10525,

effective June 7, 1988, for a maximum of 150 days; emergency expired November 4, 1988;


effective May 19, 1989; emergency amendment at 13 Ill. Reg. 12643, effective July 14, 1989, for

a maximum of 150 days; emergency expired December 11, 1989; emergency amendment at 13

Ill. Reg. 14085, effective September 4, 1989, for a maximum of 150 days; emergency expired

February 1, 1990; emergency amendment at 13 Ill. Reg. 15118, effective September 11, 1989,

for a maximum of 150 days; emergency expired February 8, 1990; amended at 14 Ill. Reg. 6164,

effective April 17, 1990; emergency amendment at 14 Ill. Reg. 6865, effective April 17, 1990,

for a maximum of 150 days; emergency expired September 19, 1990; amended at 14 Ill. Reg.

8588, effective May 21, 1990; amended at 14 Ill. Reg. 16863, effective October 1, 1990;

amended at 15 Ill. Reg. 4699, effective March 18, 1991; emergency amendment at 15 Ill. Reg.



effective September 3, 1991; amended at 16 Ill. Reg. 5267, effective March 20, 1992; emergency

amendment at 16 Ill. Reg. 6016, effective March 25, 1992, for a maximum of 150 days;

emergency expired August 22, 1992; amended at 16 Ill. Reg. 12526, effective July 28, 1992;

amended at 17 Ill. Reg. 3853, effective March 15, 1993; emergency amendment at 17 Ill. Reg.


1993; amended at 17 Ill. Reg. 10806, effective July 1, 1993; amended at 18 Ill. Reg. 3277,

effective February 28, 1994; emergency amendment at 18 Ill. Reg. 5667, effective March 25,

1994, for a maximum of 150 days; amended at 18 Ill. Reg. 12652, effective August 9, 1994;

amended at 19 Ill. Reg. 2396, effective February 17, 1995; emergency amendment at 19 Ill. Reg.

5262, effective April 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10614,

effective July 1, 1995; amended at 20 Ill. Reg. 4640, effective March 6, 1996; recodified by

changing the agency name from Department of Conservation to Department of Natural

Resources at 21 Ill. Reg. 9389; amended at 21 Ill. Reg. 4709, effective April 1, 1997; emergency

amendment at 21 Ill. Reg. 5590, effective April 15, 1997, for a maximum of 150 days; amended

at 21 Ill. Reg. 12140, effective August 26, 1997; amended at 22 Ill. Reg. 4930, effective March

2, 1998; amended at 23 Ill. Reg. 3434, effective March 8, 1999; emergency amendment at 23 Ill.

Reg. 7317, effective June 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 8406,

effective July 7, 1999; amended at 24 Ill. Reg. 3736, effective February 25, 2000; amended at 25

Ill. Reg. 6296, effective March 26, 2001; emergency amendment at 25 Ill. Reg. 7947, effective

June 16, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 9912, effective


21



August 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11386, effective August 14,

2001; emergency amendment at 25 Ill. Reg. 12122, effective September 15, 2001, for a

maximum of 150 days; amended at 26 Ill. Reg. 1210, effective January 16, 2002; amended at 26

Ill. Reg. 4294, effective March 6, 2002; amended at 27 Ill. Reg. 3376, effective February 14,


effective February 24, 2005; amended at 30 Ill. Reg. 4810, effective March 1, 2006; amended at

31 Ill. Reg. 3480, effective February 16, 2007; emergency amendment at 31 Ill. Reg. 8265,

effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14432, effective

October 5, 2007; amended at 32 Ill. Reg. 3302, effective February 25, 2008; amended at 33 Ill.

Reg. 5275, effective March 25, 2009; amended at 34 Ill. Reg. 6391, effective April 20, 2010;



Ill. Reg. 16426, effective October 3, 2013; emergency amendment at 38 Ill. Reg. 13022,

effective June 9, 2014, for a maximum of 150 days; emergency expired November 5, 2014;

amended at 39 Ill. Reg. 6517, effective April 27, 2015; amended at 40 Ill. Reg. 6000, effective

March 25, 2016; amended at 41 Ill. Reg. 4006, effective March 24, 2017; amended at 42 Ill. Reg.

7773, effective April 20, 2018; amended at 43 Ill. Reg. 3399, effective February 27, 2019;


effective January 27, 2021.

Section 810.20 Snagging

a) Sport fishermen are permitted only one pole and line device to which can be

attached no more than two hooks. On the Mississippi River between Illinois and

Iowa, the maximum treble hook size is 5/0; gaffs may not be used to land

paddlefish.

b) Species of Fish and Snagging Catch Limit.

1) Only the following species of fish and harvest limit may be taken by

snagging:

Asian Carp (no live possession) – no harvest limit

Carp − no harvest limit

Buffalo − no harvest limit

Freshwater Drum − no harvest limit


21



Salmon (coho and chinook only) − 5 fish in the aggregate daily harvest

limit

Paddlefish − 2 per day; the maximum length limit for paddlefish taken

from the Mississippi River between Illinois and Iowa is 33" eye-fork

length (EFL) (all paddlefish greater than or equal to 33" EFL must be

immediately released back to the Mississippi River); the minimum length

limit for paddlefish taken from the Mississippi River between Illinois and

Missouri is 24-inch EFL (all paddlefish less than or equal to 24-inch EFL

must be immediately released back to the Mississippi River)

Bowfin − no harvest limit

Gizzard shad − no harvest limit

Carpsuckers − no harvest limit

Longnose gar − no harvest limit

Shortnose gar − no harvest limit

Suckers − no harvest limit

2) No sorting (i.e., catching more fish than is allowed and putting back some

in order to keep larger ones) of snagged salmon and paddlefish is

permitted, except for paddlefish taken from the Mississippi River between

Illinois and Missouri where sorting is permitted. Every paddlefish

snagged must be included in the daily harvest limit. Every salmon 10

inches in total length or longer snagged must be taken into immediate

possession and included in the daily harvest limit. Once the daily limit of

salmon or paddlefish has been reached, snagging must cease.

c) Waters Open to Snagging and Snagging Season.

1) Snagging for fish is permitted from September 15 through December 15

and from March 15 through May 15 within a 300 yard downstream limit

below all locks and dams of the Illinois River, except for the area below

the Peoria Lock and Dam where snagging is permitted year round.


21



2) Snagging for fish is permitted from September 15 through December 15

and from March 15 through May 15 within a 300 yard downstream limit

below all locks and dams of the Mississippi River between Illinois and

Missouri, except for the Chain of Rocks low water dam at Chouteau Island

− Madison County, also known as Dam 27 at the Chain of Rocks −

Madison County where no snagging is permitted. Snagging is permitted

from ½ hour before sunrise to ½ hour after sunset daily, March 1 through

April 15 within a 500 yard downstream limit below locks and dams on the

Mississippi River between Illinois and Iowa.

3) Snagging for fish is permitted year-round within a 100 yard limit upstream

or downstream of the dam at Horseshoe Lake in Alexander County.

4) Snagging for chinook and coho salmon only is permitted from the

following Lake Michigan shoreline areas from October 1 through

December 31; however, no snagging is allowed at any time within 200

feet of a moored watercraft or as posted:

A) Lincoln Park Lagoon from the Fullerton Avenue Bridge to the

southern end of the Lagoon.

B) Waukegan Harbor (in North Harbor basin only).

C) Winnetka Power Plant discharge area.

D) Jackson Harbor (Inner and Outer Harbors).

d) Disposition of Snagged Salmon and Paddlefish. All snagged salmon and

paddlefish must be removed from the area from which they are taken and

disposed of properly, in accordance with Article 5, Section 5-5 of the Fish and

Aquatic Life Code.


Section 810.37 Definitions for Site Specific Sportfishing Regulations

a) Site Specific Regulations are listed by water area affected. The coverage of the

regulation is dictated by the extent of the water area listed and not by the county.


21



In some cases, regulations for a given water area or site may extend beyond the

counties listed. The counties listed refer to the location of the dam or outfall for

impoundments or mouths of small streams. Since large rivers or streams usually

flow through many counties, the term "Multiple" is used rather than listing all

counties where the large stream or river flows.

b) The following subsections are referred to by number in Section 810.45. Each

water area listed in Section 810.45 has numbers in parentheses that explain all of

the restrictions or special provisions in this Section that apply to that water area.

1) Sport fishermen must not use more than 2 poles and each pole must not

have more than 2 hooks or lures attached (Alabama rigs not allowed)

while fishing, except that legal size cast nets (in accordance with Section

810.50(a)(1)), shad scoops, and minnow seines may be used to obtain

shad, minnows and crayfish to use as bait, provided that they are not sold,

and except that bullfrogs may be taken by hand, gig, pitchfork, spear,

landing net and hook and line during bullfrog season.

2) All jugs set in a body of water shall be under the immediate supervision of

the fisherman. Immediate supervision shall be defined as the fisherman

being on the water where the jugs are set and readily available to identify

jugs to law enforcement officers.

3) All largemouth and smallmouth bass taken must be less than 12" in total

length or greater than or equal to 15" in total length.

4) Sport fishermen shall be allowed to use trotlines, jugs, and by hand, except

that sport fishermen may not submerge any pole or similar object to take

or locate any fish and the use and aid of underwater breathing devices is

prohibited. West of Wolf Creek Road, fishing from boats is permitted all

year. Trotlines/jugs must be removed from sunrise until sunset from

Memorial Day through Labor Day. East of Wolf Creek Road, fishing

from boats is permitted from March 15 through September 30. Fishing

from the bank is permitted all year only at the Wolf Creek and Route 148

causeways. On the entire lake, jugs and trotlines must be checked daily

and must be removed on the last day they are used. It is illegal to use

stakes to anchor any trotlines; they must be anchored only with portable

weights and must be removed on the last day they are used. The taking of

carp, carpsuckers, shad, drum, buffalo, gar, bowfin and suckers with spear,


21



gig, bow and arrow or archery device is permissible.

5) Sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin and

suckers by pitchfork, gigs, bow and arrow or bow and arrow devices.

6) Sport fishing is allowed in the Fox River south of the Illinois-Wisconsin

line to the Algonquin Dam and the Nippersink Creek upstream to the

Wilmot Road Bridge.

7) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow

or bow and arrow devices, gigs or spears during May and June.

8) Daily harvest limit includes striped bass, white bass, yellow bass and

hybrid striped bass either singly or in the aggregate.

9) Catch and Release Fishing Only means that fish (all or identified species)

caught must be immediately released alive and in good condition back into

the water from which they came.

10) It shall be illegal to possess trout during the period of October 1 to 5 a.m.

on the third Saturday in October (both dates inclusive) that were caught

during that period.

11) It shall be illegal to possess trout during the period of March 15 to 5 a.m.

on the 1st Saturday in April (both dates inclusive) that were caught during

that period.

12) Daily harvest limit for largemouth or smallmouth bass, either singly or in

the aggregate, shall not exceed 6 fish, no more than one of which shall be

greater than or equal to 15" in total length. Fish greater than or equal to

12" and less than 15" in total length are protected and may not be

harvested.

13) Jug fishing is permitted from the hours of sunset to sunrise and carp and

buffalo may be taken by bow and arrow devices from May 1 through

September 30. All jugs must have owner's/user's name and complete

address affixed.

14) Daily harvest limit includes all fish species (either singly or in the


21



aggregate) caught within each of the following fish groupings.

A) Largemouth or smallmouth bass

B) Walleye, sauger, or their hybrid

C) Bluegill, redear, pumpkinseed or hybrid sunfish

D) Channel or blue catfish

15) Daily harvest limit includes white, black or hybrid crappie either singly or

in the aggregate.

16) Daily harvest limit includes striped bass, white bass and hybrid striped

bass either singly or in the aggregate.

17) Daily harvest limit shall not exceed 10 fish, no more than 3 of which may

be greater than or equal to 17" total in length.

18) Clinton Lake − Sport fishermen shall be allowed to use trotlines, jugs and

bank poles in the portions of the lake that lie north of the Route 54

Railroad Bridge and northeast of the Route 48 Bridge. Sport fishermen

may take carp, carpsuckers and buffalo by bow and arrow, bow and arrow

devices, gigs and spears on the entire lake, but not within 150 feet of any

boat ramp, dock, beach or other developed recreation areas. All jugs and

trotlines set in a body of water shall be under the immediate supervision of

the angler.

19) It shall be unlawful to enter upon a designated duck hunting area between

sunset of the Sunday immediately preceding opening day of regular duck

season through the day before regular duck season and Canada goose

season as posted at the site, or to fish on such areas during the regular

duck season except in areas posted as open to fishing. It shall be unlawful

to enter upon areas designated as waterfowl rest areas or refuges from two

weeks prior to the start of the regular duck season through the end of duck

and Canada goose season.

20) Carlyle Lake (including its tributary streams and those portions of the

Kaskaskia River and Hurricane Creek up to the U.S. Army Corps of


21



Engineers Carlyle Lake Project boundaries), U.S. Army Corps of

Engineers, Bond, Clinton and Fayette Counties. Does not include the

tailwaters. Sport fishermen may not use a minnow seine, cast net or shad

scoop for bait collecting between U.S. Route 50 and the Carlyle Lake dam

and spillway.

21) Lake Shelbyville (including its tributary streams and those portions of the

West Okaw and Kaskaskia Rivers to the extent of theup to Lake

Shelbyville Project boundaries – including parts of the Lake Shelbyville

State Fish and Wildlife Management Area, except ponds), U.S. Army

Corps of Engineers, Shelby and Moultrie Counties. Does not include the

tailwater except for the 48" total length and live bait rig requirement for

muskellunge (see subsections (b)(40) and (43)).

22) Rend Lake (including its tributary streams and those portions of the Big

Muddy and Casey Fork Rivers up to the Rend Lake Project boundaries),

Rend Lake Project Ponds, U.S. Army Corps of Engineers, Franklin and

Jefferson Counties. Does not include tailwaters. Sport fishermen may not

use a minnow seine, cast net, or shad scoop for bait collecting within

1,000 yards downstream of the Rend Lake Dam and Spillway.

23) Daily harvest limit for black, white or hybrid crappies, singly or in the

aggregate, shall not exceed 20 fish, no more than 10 of which may be less

than 10" in total length and no more than 10 of which may be greater than

or equal to 10" in total length.

24) 15" minimum length limit for walleye with no possession of walleye

greater than or equal to 20" and less than 27" in total length − protected

slot limit.

25) Daily harvest limit for largemouth or smallmouth bass, singly or in the

aggregate, shall not exceed 3 fish, no more than one of which may be

greater than or equal to 15" in total length and no more than 2 of which

may be less than 15" in total length.

26) Lake Vermilion – Trotline and jug fishing allowed north of Boiling

Springs Road.

27) Bank fishing is prohibited. Boat fishing is permitted May 1 through


21



August 31 during the hours of 2:00 p.m. to 8:00 p.m. See site for

additional regulations and exact opening and closing dates.

28) Trotlines may be set within 300 feet from shore.

29) Carp, buffalo, suckers and carpsuckers may be taken by means of

pitchfork and gigs (no bow and arrow devices).

30) Fishing is permitted from March 15 through September 30, both dates

inclusive, from sunrise to sunset. Fishing during all other times of the

year is illegal and not permitted.


aggregate, shall not exceed 3 fish per day, no more than one of which may

be greater than or equal to 15" in total length and no more than 2 of which


32) Daily harvest limit of striped bass, white bass, yellow bass and hybrid

striped bass, singly or in the aggregate, shall not exceed 4 fish per day that

must be greater than or equal to 15" in length.

33) It shall be unlawful to trespass upon a designated waterfowl hunting area

during the 7 days prior to the regular duck season, or to fish on such areas

during the regular duck and Canada goose season except in areas posted as

open to fishing. It shall be unlawful to trespass upon areas designated as

waterfowl rest areas or refuges from 2 weeks prior to the start of the

regular duck season through the end of duck and Canada goose season.

34) Sport fishermen may harvest carp, buffalo, suckers and gar by bow and

arrow or bow and arrow devices, gigs or spears from May 1 through

August 31.

35) 14" minimum length limit for walleye, sauger or hybrid walleye, either

singly or in the aggregate, with no possession of fish greater than or equal

to 18" and less than 24" in total length. There is a 4 fish daily harvest

limit of which only one can be greater than or equal to 24" in total length.

36) Sport fishermen may not use a minnow seine, minnow trap, cast net or

shad scoop for bait collecting in the following water areas:


21



Charleston Lower Channel Lake tailwaters from that portion of the

Embarras River from the Charleston Lower Channel Lake Dam

downstream to the Route 130 Bridge.

Clinton Lake tailwaters from that portion of Salt Creek from the Clinton

Dam downstream to the Route 10 Bridge

Cook County Forest Preserve District Waters (except in the Des Plaines

River)

Lake Decatur tailwaters from that portion of the Sangamon River from the

Lake Decatur Dam downstream to the Route 48 Bridge.

37) Daily harvest limit for smallmouth bass shall not exceed 3 fish, no more

than one of which may be greater than or equal to 18" in total length and 2


38) Daily harvest limit for largemouth and smallmouth bass, either singly or in

the aggregate, shall not exceed 6 fish per day, no more than one of which

may be greater than or equal to 18" in total length and 5 may be less than

14".

39) Powerton Lake shall be closed to boat traffic, except for legal waterfowl

hunters, from one week prior to regular waterfowl season to February 15,

and closed to all unauthorized entry during the regular goose and duck

season.

40) The 48 inch total length limit on pure muskellunge applies to that body of

water listed as well as any tailwaters as defined below:

Evergreen Lake (McLean County) – including the portion of Six Mile

Creek below the Evergreen Lake Dam downstream to its confluence with

the Mackinaw River.

Fox Chain O' Lakes (Lake/McHenry Counties) – including the Fox River

south of the Wisconsin-Illinois boundary to the Algonquin Dam and the

Nippersink Creek upstream to the Wilmot Road Bridge.


21



Kinkaid Lake (Jackson County) – including the portion of Kinkaid Creek

below the Kinkaid Lake Dam downstream to the Route 149 Bridge.

Lake Shelbyville (Moultrie/Shelby Counties) – including the portion of

the Kaskaskia River below the Lake Shelbyville Dam downstream to the

State Route 128 Road Bridge near Cowden.

Otter Lake (Macoupin County) – including the portion of Otter Creek

below Otter Lake Dam downstream to its confluence with East Otter

Creek.

Pierce Lake (Winnebago County) – including the portion of Willow Creek

below the Pierce Lake Dam downstream to Forest Hills Road.

41) It shall be unlawful to enter upon areas designated as waterfowl hunting

areas during the 10 days prior to the start of the regular duck season, or to

fish on such areas during the regular duck season except in areas posted as

open to fishing. It shall be unlawful to enter upon areas designated as

waterfowl rest areas or refuges from 10 days prior to the start of the

regular duck season through the end of duck and Canada goose season.

42) During duck season, walk-in only access for fishing from the bank is

permitted after 1:00 p.m.

43) When using live bait, all live bait in excess of 8" in total length shall be

rigged with a quick set rig. The hook shall be immediately set upon the

strike. A quick set rig is defined as follows: a live bait rig with up to 2

treble hooks attached anywhere on the live bait; single hooks are

prohibited. This subsection (b)(43) does not apply to trotlines, jug lines,

etc., if allowed on the lake.

44) Sport fishermen may take carp from boat by bow and arrow and bow and

arrow devices, but not within 150 feet of any developed recreation areas.


devices, gigs or spears (except during waterfowl season) but not within

200 yards of any developed recreational areas.


21



46) Daily harvest limit for largemouth and smallmouth bass, either singly or in

the aggregate, shall not exceed 3 fish, no more than 1 of which may be

greater than or equal to 18" in total length and 2 may be less than 12" in

total length.

47) 14" minimum length limit for walleye, sauger or hybrid walleye, either

singly or in the aggregate, with no possession of fish greater than or equal

to 18" or less than 26" in total length. There is a 3 fish daily harvest limit

of which only 1 fish can be greater than or equal to 26" in total length.


or bow and arrow devices, gigs or spears, except when closed under site

regulations (17 Ill. Adm. Code 110) and posted on site.

49) Length limit regulation exemptions for fishing tournaments may be

allowed for any fish species found in water body.


aggregate, shall not exceed 3 fish daily, no more than one of which may be

greater than or equal to 18" in total length and no more than 2 of which


51) Lake Decatur, (including all boundaries within the City of Decatur) from

the dam to the Sangamon River at Macon County Highway 25 (North

Oakley Road) and the area west of Baltimore Ave. Does not include the

tailwater.

52) Daily harvest for muskellunge shall not exceed 1 fish greater than or equal

to 36", but less than 42", or 1 fish greater than or equal to 48" in total

length.

53) The daily harvest limit for yellow perch shall not exceed 15 fish in the

combined waters of Lake Michigan, Calumet River, and Chicago River

including its North Branch, South Branch and the North Shore Canal.


Section 810.45 Site Specific Water Area Regulations


21



Fishing regulations, including species of fish, fishing methods and Daily Harvest Limits are

listed for each water area. The numbers in parenthesis refer to the corresponding numbered

definitions in Section 810.37. If a water area is not listed or if a specific species is not listed,

then statewide restrictions apply. Check the bulletin boards and regulation signs at the specific

site for any emergency changes to regulations.

Altamont Reservoir, City of Altamont

Effingham County

Large or Smallmouth Bass (14) ● 15" Minimum Length Limit

● 1 Fish Daily Harvest Limit

Anderson Lake State Fish and Wildlife Area (33)

Fulton County

Largemouth Bass ● 6 Fish Daily Harvest Limit

● 12 Minimum Length Limit

Andover Lake, City of Andover

Henry County

All Fish ● 2 Pole and Line Fishing Only (1)

Channel Catfish ● 6 Fish Daily Harvest Limit

Anna City Lake, City of Anna

Union County


Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit





Apple River (within Apple River Canyon State Park and Satellite Boundaries), State of Illinois

Jo Daviess County


Smallmouth Bass ● Catch and Release Fishing Only (9)

Trout ● Spring Closed Season (11). No harvest

with Hook and Line Fishing. Catch and

Release Fishing permitted. (9)


21



● Fall Closed Season (10). No harvest with

Hook and Line Fishing.; Catch and

Release Fishing permitted. (9)

Argyle Lake, Argyle Lake State Park

McDonough County

Recreational Use Restrictions ● All live bait > 8" must be rigged with a

quick set rig (43)


Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit


Hybrid Walleye ● 3 Fish Daily Harvest Limit

Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18"


Pure Muskellunge ● 42" Minimum Length Limit

Trout ● Fall Closed Season (10)

White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more

than 10 Fish greater than or equal to 10"

Arrowhead Heights Lake, Village of Camp Point

Adams County





Arrowhead Lake, City of Johnston City

Williamson County



Large or Smallmouth Bass ● Protected Slot Length Limit With 1 Fish ≥

15" and/or 2 Fish < 12" Daily Harvest (31)

White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Ashland City Old Reservoir, City of Ashland

Morgan County




21



Ashland City Reservoir, City of Ashland

Morgan County




Auburn Park Lagoon, Chicago Park District

Cook County



Axehead Lake, Cook County Forest Preserve

Cook County

All Fish ● 2 Pole and Line Fishing Only (1) (36)

Bluegill, Redear, or Pumpkinseed

Sunfish (14)


Large or Smallmouth Bass ● 14" Minimum Length Limit


● Spring Closed Season (11)


Bakers Lake, City of Peru

LaSalle County





Baldwin Lake, Baldwin Lake Conservation Area

Randolph County




Striped, White, or Hybrid Striped Bass

(16)

● 17" Minimum Length Limit




Banana Lake, Lake County Forest Preserve District


21



Lake County



Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit




Banner Marsh Lake & Ponds, Banner Marsh State Fish and Wildlife Area (33)

Peoria/Fulton Counties


quick set rig (43)




● Protected Slot Length Limit of 12-18"



than 10 Fish ≥ 10"

Batchtown State Wildlife Management Area (19)

Calhoun County

Baumann Park Lake, City of Cherry Valley

Winnebago County







Beall Woods Lake, Beall Woods Conservation Area

Wabash County




Trout ● Spring Closed Season (11)

● Fall Closed Season (10)


21



Beaver Dam Lake, Beaver Dam State Park

Macoupin County









Beck Lake, Cook County Forest Preserve District

Cook County


Bluegill, Redear, or Pumpkinseed Sunfish

(14)




Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit


Belk Park Pond, City of Wood River

Madison County






Belleau Lake, Cook County Forest Preserve District

Cook County



(14)







21



Belvidere Ponds, City of Belvidere

Boone County



Bevier Lagoon, Waukegan Park District

Lake County



Bird Park Quarry, City of Kankakee

Kankakee County



Blandinsville North and South Ponds, Village of Blandinsville

McDonough County



Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1

Fish ≥ 15" and/or 2 Fish ˂ 12" (31)


Bloomington Park District Lakes (Anglers Lake, Holiday Lake, Miller Park Lake, Tipton Lake

and White Oaks Lake), City of Bloomington

McLean County





Blue Pond, Boone County Conservation District

Boone County






21



Borah Lake, City of Olney

Richland County





Boston Pond, Stephen A. Forbes State Park

Marion County



Bowen Lake, City of Washington

Tazewell County



Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no

possession of Fish < 15" or ≥ 12" (3)


Boyd-Wesley Park Pond, Village of Towanda

McLean County






Braidwood Lake, Braidwood State Fish and Wildlife Area (41)

Will County

Recreational Use Restrictions ● Braidwood Lake is closed to all fishing

and boat traffic, except for legal waterfowl

hunters, from 10 days prior to duck season

through the day before duck season and is

closed to all fishing during waterfowl

season commencing with regular duck

season through the close of the Canada

goose and regular duck season



21





Striped, White or Hybrid Striped Bass

(16)

● 10 Fish Daily Harvest with no more than 3

Fish > 17" (17)

Breese JC's Park Pond, City of Breese

Clinton County





Brock Lake, City of Mackinaw Tazewell County




Fish ≥ to 15" and 2 Fish under 12"


Buckner City Reservoir, City of Buckner

Franklin County




Buffalo Prairie State Pheasant Habitat Area Lakes and Ponds (Buffalo Lake South, Buffalo

Lake North, Buffalo Pond Northwest, Buffalo Wetland) State of Illinois

Knox County





Walleye, Sauger or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit

Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 Fish ≥ 48" in

Total Length (52)

White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more




21



Bullfrog Lake, Cook County Forest Preserve District

Cook County




(14)



Bunker Hill Lake, City of Bunker Hill

Macoupin County



Burning Star State Fish and Wildlife Area – All lakes and ponds Jackson County

Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (all

use other than waterfowl hunting from

November 1 through the last day in

February)



Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥

18" and 5 Fish < 14" (38)



Burrells Wood Park Pond

White County


Busse Lake (including Busse Lake Spillway and Salt Creek downstream to Arlington

Heights Road), Cook County Forest Preserve

Cook County

Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43)



(14)



21









Cache River State Natural Area

Pulaski/Johnson Counties

Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area; no

fishing in Nature Preserves – Section 8

Woods, Heron Pond/Little Black Slough


● No Seines

Calhoun Point State Wildlife Management Area (19)

Calhoun County

Calumet River

Cook County

Yellow Perch ● 15 Fish Daily Harvest Limit

● Closed May 1 through June 15

Campbell Pond State Wildlife Management Area (19)

Jackson County

Campus Lake – Southern Illinois University, State of Illinois

Jackson County



Campus Pond – Eastern Illinois University, State of Illinois

Coles County





Canton Lake, City of Canton


21



Fulton County


quick set rig (43)


Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit




Carbondale City Reservoir, City of Carbondale

Jackson County




Carlinville Lake #1, City of Carlinville

Macoupin County



Carlinville Lake #2, City of Carlinville

Macoupin County



Carlton Silt Basin, State of Illinois

Whiteside County




Large or Smallmouth Bass ● Catch and Release Fishing Only (9)

Carlyle Lake, U.S. Army Corps of Engineers (20) (33)

Clinton/Bond/Fayette Counties




Carthage Lake, City of Carthage


21



Hancock County



Casey Park Pond, City of Casey

Clark County


Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit of which only

5 Fish ≥ 8"






Cedar Lake and Little Cedar Lake, U.S. Forest Service and City of Carbondale

Jackson County



18" and 5 Fish < 14" (38)



(16)

● 17" Minimum Length Limit ● 3 Fish Daily Harvest Limit


Centennial Park Pond, Coloma Township Park District

Whiteside County



Centralia Foundation Park Catfish Pond, Centralia Park Foundation

Marion County



Centralia Lake, City of Centralia

Marion County




21



Cermack Quarry, Cook County Forest Preserve District

Cook County



Sunfish (14)






Champaign Park District Lakes (Kaufman Lake, Heritage Lake, Porter Lake and Mattis Lake),

Champaign Park District

Champaign County






Trout (Kaufman Lake) ● Fall Closed Season (10)


Charleston Lower Channel Lake, City of Charleston

Coles County

All Fish ● 2 Pole and Line Fishing Only (1) (5) (36)

Charleston Side Channel Lake, City of Charleston

Coles County





(16)


White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish <

10"; 10 Fish Daily Harvest Limit for Fish

≥ 10" (23)

Charlie Brown Lake & Pond, City of Flora

Clay County


21






Charter Oak North – Peoria Park District Lake, Peoria Park District

Peoria County





Charter Oak South – Peoria Park District Pond, Peoria Park District

Peoria County





Chautauqua Lake North and South Pools, U.S. Fish and Wildlife Service

Mason County

Recreational Use Restrictions ● Lake Chautauqua North and South Pools

will be closed to boat fishing from

October

6 through January 31

● Bank fishing will be allowed in selected

areas only

● Ice fishing will be allowed following the

February 1 reopening

Largemouth Bass ● 12" Minimum Length Limit

Chenoa City Lake, City of Chenoa

McLean County



Chicago River (including its North Branch, South Branch, and the North Shore Channel)

Cook County




21



Chillicothe Park District Trails Edge Ponds, City of Chillicothe

Peoria County






Christopher Old City Lake, City of Christopher

Franklin County





Citizen's Lake, City of Monmouth

Warren County




Large or Smallmouth Bass (14) ● Protected Slot Limit with 1 Fish ≥ 15"

and/or 5 Fish < 12"



Clear Lake, Kickapoo State Park

Vermilion County




Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25)




Clinton Lake, Clinton Lake State Recreation Area

DeWitt County


21




(36)

Blue or Channel Catfish ● 10 Fish Daily Harvest Limit, singly or in

the aggregate




(16)

● 10 Fish Daily Harvest Limit, with no more

than 3 Fish ≥ 17" (17)



Walleye ● 3 Fish Daily Harvest Limit


Coal Miner's Park Pond, City of Spring Valley

Bureau County


Coffeen Lake, Coffeen Lake State Fish and Wildlife Area

Montgomery County

Channel Catfish ● All jugs must be attended at all times

while fishing (2)



White, Black, or Hybrid Crappie ● 10" Minimum Length Limit


Coffeen Upland Management Pond, Coffeen Lake State Fish and Wildlife Area

Montgomery County




Large or Smallmouth Bass ● 1 Fish Daily Harvest Limit


Coles County Airport Lake, Coles County Airport

Coles County




21



Large or Smallmouth Bass ● Protected Slot Length Limit with only 1

Fish ≥ 18" and 2 Fish < 14"

● 3 Fish Daily Harvest Limit (50)

Columbus Park Lagoon, Chicago Park District

Cook County



Commissioners Park Pond, Alsip Park District

Cook County



Conservation World Ponds, Illinois State Fairgrounds

Sangamon County

Fishing by special permit only for senior groups, children's groups or group guests

of the Director. Apply for permit by writing to: Department of Natural Resources,

Division of Fisheries, One Natural Resources Way, Springfield IL 62702

Cook Co. Forest Preserve District Lakes, Cook County Forest Preserve District

Cook County



Sunfish (14)





Coulterville City Lake, City of Coulterville

Randolph County





Crab Orchard National Wildlife Refuge – Crab Orchard Lake, U.S. Fish and Wildlife

Service

Williamson County


21






Crab Orchard National Wildlife Refuge – Devil's Kitchen Lake, U.S. Fish and Wildlife

Service

Williamson County




Crab Orchard National Wildlife Refuge – Little Grassy Lake, U.S. Fish and Wildlife Service

Williamson County



Large or Smallmouth Bass(14) ● Protected Slot Length Limit of 12-15" (3)


Crab Orchard National Wildlife Refuge – Visitors Pond

Williamson County





Crab Orchard National Wildlife Refuge − Restricted Use Area Ponds (30), except Visitor

Pond, and Crab Orchard National Wildlife Refuge − All Other Ponds, U.S. Fish and Wildlife

Service

Williamson County





Crawford County State Fish and Wildlife Area – Picnic Pond, Crawford County

Conservation Area

Crawford County




21





Crawford County State Fish and Wildlife Area Ponds, Crawford County

Conservation Area

Crawford County




Crull Impoundment State Wildlife Management Area (33)

Jersey County

Crystal Lake, Urbana Park District

Champaign County





Cypress Creek National Wildlife Refuge − All Ponds, U.S. Fish and Wildlife Service

Johnson/Pulaski/Union Counties




Cypress Creek National Wildlife Refuge − Cache River Fish and Wildlife Service

Johnson/Pulaski Counties


● No Seines

Dawson Lake & Park Ponds, Moraine View State Park

McLean County


Bluegill or Redear Sunfish (14) ● 20 Fish, singly or in the aggregate, Daily

Harvest Limit with no more than 5 Fish ≥

8"



21





Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit

● 15" Minimum Length Limit with no more

than 1 Fish ≥ 20"


Decatur Park District Pond Macon County


Channel Catfish ● 6 Fish Daily Harvest Limit (except for

Fairview Park – Dreamland Pond, which

has a 3 Fish Daily Harvest Limit)



Defiance Lake, Moraine Hills State Park

McHenry County





Des Plaines River Basin (former Hoffman Dam site to 47th Street Bridge, including tributaries)

Cook County

Channel Catfish ● 15" Minimum Length Limit


Large or Smallmouth Bass ● Catch and Release Only (9)

Northern Pike ● 30" Minimum Length Limit


White, Black or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye (14) ● 18" Minimum Length Limit


Diamond Lake, City of Mundelein

Lake County





21




Dieterich Park Pond, City of Dieterich

Effingham County





Dolan Lake, Hamilton County Conservation Area

Hamilton County






White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with only 10

Fish ≥ 10"

Dongola City Lake, City of Dongola

Union County



Donnelley State Wildlife Area (33)

Bureau County

Double "T" State Fish and Wildlife Area, State of Illinois

Fulton County

Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all

use other than waterfowl hunting is

prohibited from October 1 through the end

of the central zone Canada goose season)

● All live bait > 8" must be rigged with a

quick set rig (43)



Channel or Blue Catfish ● 6 Fish Daily Harvest Limit



21





White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit


Douglas Park Lagoon, Chicago Park District

Cook County



DuPage County Forest Preserve District Lakes and Ponds, Forest Preserve District of DuPage

County

DuPage County






18" and 3 Fish < 14"


Muskellunge ● 48" Minimum Length Limit




Yellow Perch ● 9" Minimum Length Limit


DuPage River – West Branch (between the former dam sites located in the McDowell Grove

Forest Preserve and the Warrenville Grove Forest Preserve)

DuPage County

Large or Smallmouth Bass ● Catch and Release Fishing Only (9)

DuQuoin City Lake, City of DuQuoin

Perry County



Large or Smallmouth Bass (14) ● 14"-18" Protected Slot Length Limit with

only 1 Fish ≥ 18" and 5 Fish < 14" (38)



21



DuQuoin State Fairgrounds – All Lakes and Ponds, State of Illinois

Perry County






East Fork Lake, City of Olney

Richland County






Ed Madigan State Park Pond

Logan County






Eldon Hazlet State Park (See Also Carlyle Lake)

Clinton County

Elliott Lake, Wheaton Park District

DuPage County




Embarras River Bottoms State Habitat Area Lawrence County


Emiquon Preserve − Thompson Lake


21



Fulton County



Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit


Bluegill, Redear, Pumpkinseed Seed,

Green, or Orange spotted Sunfish and

Hybrid Sunfish (14)






Evergreen Lake, City of Bloomington

McLean County


quick set rig (43)




Pure Muskellunge ● 48" Minimum Length Limit (40)




than 5 Fish ≥ 10"

Fairgrounds Pond – Fort Massac State Park, State of Illinois

Massac County

Largemouth and Smallmouth Bass ● 18" Minimum Length Limit




Fairview Park – Dreamland Pond, Decatur Park District

Macon County



Largemouth and Smallmouth Bass ● 14" Minimum Length Limit


21




Ferne Clyffe Lake, Ferne Clyffe State Park

Johnson County





Flatfoot Lake, Cook County Forest Preserve District

Cook County



Sunfish (14)





Fletcher Park Pond, City of Mt. Zion

Macon County






Foli Park Pond, Village of Plano

Kendall County



Forbes State Lake, Stephen A. Forbes State Park (including Forbes State Lake tailwaters and

that portion of Lost Fork Creek within Stephen A. Forbes State Park)

Marion County


Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (33)


21




Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 6 Fish Daily Harvest Limit

White, Black or Hybrid Crappie ● No Harvest Limit with no more than 10

Fish ≥ 8"


(16)



Forbes State Park Ponds, Stephen A. Forbes State Park

Marion County




Forest Park Lagoon, City of Shelbyville

Shelby County





Forest Preserve District of Kane County Lakes and Ponds

Kane County

Largemouth Bass ● 14-18" Protected Slot Length Limit with 3

fish < 14" and 1 fish > 18" Harvest Limit


White, Black or Hybrid Crappie (14) ● 10 Fish Daily Harvest Limit

Bluegill ● 10 Fish Daily Harvest Limit

Smallmouth Bass ● Catch and Release Fishing Only

Northern Pike ● 24" Minimum Length Limit



Four Lakes, Winnebago County Forest Preserve

Winnebago County



21








Fox Chain O'Lakes (including the Fox River south of the Wisconsin-Illinois boundary to the

Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge) (6) (Applies to

Grass Lake and Nippersink Lake State Managed Blind Areas Only), State of Illinois

Lake and McHenry Counties


quick set rig (43)

All Fish ● 2 Pole and Line Fishing Only (1) on State

Park property bordering the Fox River and

Grass Lake

Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish ≤ 28" per day


Large or Smallmouth Bass (14) ● 14" Minimum Length Limit (6)

● 6 Fish Daily Harvest Limit of which no

more than 3 can be Smallmouth Bass


Smallmouth Bass ● All Fish must be immediately released

between April 1 and June 15

Walleye, Sauger, or Hybrid Walleye (14) ● 14" Minimum Length Limit with an 18-

24" Protected Slot Length Limit (no

possession) (6)

● 4 Fish Daily Harvest Limit of which only

1 can be ≥ 24" (35)

Fox Ridge State Park (see also Hurricane Pond, Wilderness Pond and Ridge Lake)

Coles County

Fox River, Algonquin Dam to confluence with the Illinois River, including tributaries, State of

Illinois

Multiple Counties

Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish < 28"


21




Smallmouth Bass ● 1 Fish ≥ 12" and 2 Fish < 12"


Fox River (at Moraine Hills State Park and Dam and on Bolger Lock and Dam Properties), State

of Illinois

McHenry County

All Fish ● 2 Pole and Line Fishing Only (1) on

Moraine Hills State Park and Dam

property and on property at the Bolger

Lock and Dam along the Fox River

Fox River Marina, Lake County Forest Preserve

Lake County

All Fish ● 2 Pole and Line Fishing Only; Bank

Fishing Only (in areas designated by Lake

County Forest Preserve District)

Fox Valley Park District Lakes and Ponds (except Jericho Lake and Lake Gregory), Fox

Valley Park District

Kane and DuPage Counties





Frank Holten Lakes, Frank Holten State Park

St. Clair County






Franklin Creek (within the boundaries of Franklin Creek State Natural Area)

Lee County


21




Franklin Creek Mill Pond − Franklin Creek State Park, State of Illinois

Lee County




Fuller Lake (19)

Calhoun County

Fulton County Camping and Recreation Area Waters, Fulton County Board

Fulton County


quick set rig (43)




possession of Fish < 15" and ≥ 12" (3)




Gages Lake, Wildwood Park District

Lake County





Garfield Park Lagoon, Chicago Park District

Cook County



Gebhard Woods Pond, Gebhard Woods State Park

Grundy County


21







Germantown Lake, City of Germantown

Clinton County






Giant City Park Ponds, Giant City State Park

Jackson and Union Counties



Largemouth and Spotted Bass ● 15" Minimum Length Limit

Gillespie New City Lake, City of Gillespie

Macoupin County






Gillespie Old City Lake, City of Gillespie

Macoupin County





Glades − 12 Mile Island Wildlife Management Area (19)

Jersey County

Gladstone Lake, Henderson County Conservation Area

Henderson County


21






Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and/or 2 Fish < 12"




Glen O Jones Lake Trout Pond, Saline County Conservation Area

Saline County


Glen O Jones State Lake, Saline County Conservation Area

Saline County




Fish ≥ 18" and 5 Fish < 14" (38)


Glen Oak Park Lagoon, Peoria Park District

Peoria County



Glen Shoals Lake, City of Hillsboro

Montgomery County



Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit


(16)


Godar-Diamond/Hurricane Island Wildlife Management Area (19)

Calhoun County

Gompers Park Lagoon, Chicago Park District

Cook County


21





Gordon F. More Park Lake, City of Alton

Madison County






Governor Bond Lake, City of Greenville

Bond County

Channel Catfish ● All jugs must be attended at all times

while fishing (2)




(16)




Grayslake Park District (Grayslake and Park Ponds), City of Grayslake

Lake County





Green Lake, Cook County Forest Preserve

Cook County



Greenfield City Lake, City of Greenfield

Greene County




Large or Smallmouth Bass (12) ● 1 Fish ≥ to 15" and/or 5 Fish < 12"


21




Greenville Old City Lake, Kingsbury Park District

Bond County






Hanover Lake – Apple River Canyon State Park, State of Illinois

Jo Daviess County






Harrisburg New City Reservoir, City of Harrisburg

Saline County




(16)


Heidecke Lake, Heidecke Lake State Fish and Wildlife Area

Grundy County (41)

Recreational Use Restrictions ● Heidecke Lake shall be closed to all

fishing and boat traffic except for legal

waterfowl hunters from 10 days prior to

duck season through the day before duck

season and is closed to all fishing during

waterfowl season commencing with

regular duck season through the close of

the Canada goose and regular duck season


quick set rig (43)


Black, White, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit


21





Fish ≥ 18" and 2 Fish < 12" (46)




(16)

● 10 Fish Daily Harvest Limit with no more

than 3 Fish ≥ 17" (17)



Heiland Lakes, Kankakee River Valley Forest Preserve District

Kankakee County


Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit, singly or in

the aggregate




Helmbold Slough (19)

Calhoun County

Henderson Creek State Fish and Wildlife Area

Henderson County

Recreational Use Restrictions ● It shall be unlawful to trespass upon a

designated waterfowl hunting area during

the 7 days prior to regular duck season or

to fish on such areas during the regular

duck season except in areas posted as open

to fishing; it shall be unlawful to trespass

upon areas designated as waterfowl rest

areas or refuges from 2 weeks prior to the

start of the regular duck season through

the end of duck and Canada Goose season

(33)

Hennepin Canal – Mainline & Feeder, Hennepin Canal Parkway State Park

Multiple Counties



21






Hennepin-Hopper Lakes, The Wetlands Initiative

Putnam County

Recreational Use Restrictions ● All live bait greater than 8" must be rigged

with a quick set rig (43)


Black, White or Hybrid Crappie (15) ● 9" Minimum Length Limit






Walleye, Sauger, or Hybrid Walleye

(14)


Heritage Quarries, City of Lemont

Will County

Black, White or Hybrid Crappie ● 15 Fish Daily Harvest Limit

Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit



Herrin Lake #1, City of Herrin

Williamson County





Herrin Lake #2, City of Herrin

Williamson County





Heyworth Centennial Lake, City of Heyworth


21



McLean County





Hidden Springs State Forest Pond, Hidden Springs State Forest

Shelby County






Highland Old City Lake, City of Highland

Madison County






Hillsboro Old City Lake, City of Hillsboro

Montgomery County



Large or Smallmouth Bass ● Protected Slot Length Limit with no



Homer Guthrie Pond – Eldon Hazlet State Park, State of Illinois

Clinton County






Homer Lake, Champaign County Forest Preserve District


21



Champaign County




Hormel Pond, Donnelly State Fish and Wildlife Area

Bureau County




Horseshoe Lake − Alexander Co., Horseshoe Lake Conservation Area

Alexander County

Recreational Use Restrictions ● Only trolling motors in refuge from

October 15-March 1




Horseshoe Lake − Madison County, Horseshoe Lake State Park (19)

Madison County





Horsetail Lake, Cook County Forest Preserve District

Cook County



Sunfish (14)






Horton Lake, Nauvoo State Park

Hancock County



21




Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11)

● Catch and Release Fishing Permitted (9)

Large or Smallmouth Bass 18" Minimum Length Limit

1 Fish Daily Harvest Limit

Humbolt Park Lagoon, Chicago Park District

Cook County



Hurricane Pond, Fox Ridge State Park

Coles County






Illinois & Michigan Canal, State of Illinois

Grundy/LaSalle/ Will Counties






Illinois Beach State Park Ponds, Illinois Beach State Park

Lake County



Illinois Department of Transportation Lake, State of Illinois

Sangamon County





21




● Catch and Release Fishing is permitted (9)


● Catch and Release Fishing is permitted (9)

Illinois River – Pool 26 (19)

Calhoun County

Illinois River − Starved Rock Pool

LaSalle and Grundy Counties




Illinois River – State of Illinois

Multiple Counties


Indian Boundary South Pond, Frankfort Square Park District

Will County



Iroquois & Kankakee Rivers and their Tributaries, State of Illinois

Multiple Counties

Walleye, Sauger, and Hybrid Walleye

(14)

● 14" Minimum Length Limit ● Protected Slot Length Limit with no

possession of Fish < 26" and ≥ 18"

● 3 Fish Daily Harvest Limit of which only 1

Fish can be > 26" (47)

Island Pond, Boone County Conservation District

Boone County





Jackson Park (Columbia Basin) Lagoon, Chicago Park District


21



Cook County



Jericho Lake, Fox Valley Park District

Kane County





Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit


Jim Edgar/Panther Creek State Fish and Wildlife Area, All Lakes and Ponds, Jim

Edgar/Panther Creek Fish and Wildlife Area

Cass County

Recreational Use Restrictions ● All live bait ≥ 8" must be rigged with a

quick set rig (43)






Jim Edgar/Panther Creek State Fish and Wildlife Area − Drake Lake, Jim Edgar/Panther

Creek Fish and Wildlife Area

Cass County






Jim Edgar/Panther Creek State Fish and Wildlife Area – Gridley Road Lake, Jim

Edgar/Panther Creek Fish and Wildlife Area

Cass County





21








Johnson Sauk Trail Lake & Pond, Johnson Sauk Trail State Park

Henry County


quick set rig (43)




Jones Park Lake, City of East St. Louis

St. Clair County





Jubilee College State Park Pond, Jubilee College State Park

Peoria County





Kankakee-Iroquois Rivers and their Tributaries, State of Illinois

Multiple Counties

Walleye, Sauger, and Hybrid Walleye

(14)


● Protected Slot Length Limit with no

possession of Fish < 26" and ≥ 18"

● 3 Fish Daily Harvest Limit of which only 1

Fish can be ≥ 26" (47)

Kankakee River, from the Kankakee Dam to the Wilmington Dam on the Kankakee River,

including tributaries, State of Illinois

Multiple Counties


21



Smallmouth Bass ● Protected Slot Length Limit with only 1

Fish greater than or equal to 18" and 2 Fish

less than 12"

● 3 Fish Daily Harvest Limit (37)

Kaskaskia River State Fish and Wildlife Area – Doza Creek Wildlife Management Area (33)

St. Clair County

Kendall Co. Lake #1, Kendall County Forest Preserve District

Kendall County






Kent Creek

Winnebago County

Trout ● Catch and Release Fishing Only (9)

Kickapoo State Park Lakes & Pond, Kickapoo State Park

Vermilion County






Kincaid City Reservoir, City of Kincaid

Christian County




King Park Lagoon, City of Pittsfield

Pike County





21




Kinkaid Lake, Kinkaid Lake State Fish and Wildlife Area

Jackson County


quick set rig (43)






Kinmundy Reservoir, City of Kinmundy

Marion County



Kishwaukee River and South Branch of Kishwaukee River and Tributaries, State of Illinois

Multiple Counties

Smallmouth Bass ● 14" Minimum Length Limit

Lake Atwood, McHenry County Conservation District

McHenry County






Lake Bloomington, City of Bloomington

McLean County






(16)

● 10 Fish Daily Harvest Limit with no more

than 3 Fish ≥ 17" (17)


than 5 Fish ≥ 10"


21



Walleye ● 3 Fish Daily Harvest Limit


Lake Carlton, Morrison-Rockwood State Park

Whiteside County


quick set rig (43)







Lake Chaminwood, Will County Forest Preserve District

Will County







Lake Co. Forest Preserve District Lakes (except Independence Grove Lake), Lake County

Forest Preserve District

Lake County



Large Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit



Lake Decatur, City of Decatur

Macon County






21



Lake Depue Fish and Wildlife Area (33)

Bureau County

Lake Eureka, City of Eureka

Woodford County



Black, White or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit


Large or Smallmouth Bass (14) ● 18" Minimum Length Limit6 Fish Daily

Harvest Limit


Lake George, Loud Thunder Forest Preserve

Rock Island County


quick set rig (43)






(16)



Lake Jacksonville, City of Jacksonville

Morgan County






(16)


White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in

the aggregate, with no more than 10 Fish ≥

10"

Lake Kakusha, City of Mendota

LaSalle County


21








Lake Le-Aqua-Na Kids Only Fishing Pond, Lake Le-Aqua-Na State Park

Stephenson County

Recreational Use Restrictions ● Only kids under 16 years of age permitted

to fish


Bluegill or Redear Sunfish and Their

Hybrids


Lake Le-Aqua-Na, Lake Le-Aqua-Na State Park

Stephenson County






Lake Lou Yaeger, City of Litchfield

Montgomery County





Lake Mattoon, City of Mattoon

Coles/Cumberland/Shelby Counties

All Fish ● 2 Pole and Line Fishing only (1)



White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more


Lake Mendota, City of Mendota

LaSalle County


21






Fish greater than or equal to 15" and/or 2

less than 12" (31)



Lake Michigan (Illinois Portion) (49), State of Illinois

Lake/Cook Counties

Recreational Use Restriction ● All devices used for sport fishing on Lake

Michigan must be attended at all times

Trout and Salmon ● 10" Minimum Length Limit

● 5 Fish Daily Harvest, singly or in the

aggregate, except for Lake Trout

Lake Trout ● 2 Fish Daily Harvest Limit

Yellow Perch (53) ● 15 Fish Daily Harvest Limit




Lake Whitefish and Round Whitefish ●

12 Fish (in the aggregate) Daily Harvest

Limit

Lake Milliken, Des Plaines Conservation Area

Will County



Large or Smallmouth Bass ● Catch and Release Fishing Only


Lake Mingo & Kennekuk Cove Park Ponds, Vermilion County Conservation Area

Vermilion County


Bluegill or Redear Sunfish (14) ● 20 Fish Daily Harvest Limit with no more

than 5 Fish > 8"


Large or Smallmouth Bass ● 1 Fish > 15" and 2 Fish < 15" (25)




21





Lake Murphysboro, Lake Murphysboro State Park

Jackson County




Lake Nellie, City of St. Elmo

Fayette County





Lake of the Woods & Elk's Pond, Champaign County Forest Preserve District

Champaign County


quick set rig (43)


Bluegill or Redear Sunfish (14) ● No more than 5 Fish ≥ 7" permitted;

unlimited Daily Harvest for Fish ˂ 7"





Lake Opeka Cook County



Bluegill, Pumpkinseed, or Hybrid

Sunfish (14)




Lake Owen, Hazel Crest Park District

Cook County


21





Lake Paradise, City of Mattoon

Coles County




Lake Sara, City of Effingham

Effingham County

Large or Smallmouth Bass ● Protected Slot Length Limit of 15-18"



Lake Shelbyville (21), U.S. Army Corps of Engineers

Moultrie/Shelby Counties

Recreational Use Restrictions ● During the regular waterfowl season, no

bank or boat fishing shall be permitted on

the Kaskaskia River from the Strickland

Boat Access north to the Illinois Central

Railroad Bridge from one-half hour before

sunrise to 1 p.m.


quick set rig (43)



Striped Bass ● 32" Minimum Length Limit


White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with only 5

Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shelbyville – U.S. Army Corps of Engineers Project Ponds (except Woods Lake), and

Lake Shelbyville State Fish and Wildlife Management Area Ponds (33)

Moultrie/Shelby Counties




White, Black, or Hybrid Crappie (15) ●


21



15 Fish Daily Harvest Limit with only 5

Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shermerville, Northbrook Park District

Cook County

All Fish ● 2 Pole and Line Fishing Only

Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit





Lake Sinnissippi (33)

Whiteside County

Lake Springfield, City of Springfield

Sangamon County





Lake Storey, City of Galesburg

Knox County


quick set rig (43)







Walleye, Sauger, or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit

Lake Strini, Village of Romeoville

Will County





21



Lake Sule, Flagg-Rochelle Park District

Ogle County


quick set rig (43)








Lake Taylorville, City of Taylorville

Christian County




Lake Vermilion, Vermilion County Conservation District

Vermilion County


(except that sport fishermen may take

carp, carpsuckers, buffalo, gar, bowfin,

and suckers by pitchfork, gigs, bow and

arrow or bow and arrow devices north of

Boiling Springs Road, but not within 300

feet around the wetland boardwalk)


White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish ˂

10"; 10 Fish Daily Harvest Limit for Fish

≥ 10" (23)

Lake Victoria, City of South Beloit

Winnebago County






21



Lake Williamsville, City of Williamsville

Sangamon County



LaSalle Lake, LaSalle Lake State Fish and Wildlife Area

LaSalle County

Recreational Use Restrictions ● Waterfowl refuge or hunting area; site

regulations apply





(16)

● 10 Fish Harvest Limit with no more than

3 Fish ≥ 17" Daily Harvest (17)

Levings Lake, Rockford Park District

Winnebago County





Lincoln Log Cabin Pond, Lincoln Log Cabin Historical Site

Coles County





Lincoln Park North Lagoon, Chicago Park District

Cook County

All Fish ● Closed to Fishing

Lincoln Park South Lagoon, Chicago Park District

Cook County

All Fish ● Closed to Fishing

Lincoln Trail Lake, Lincoln Trail State Park


21



Clark County




18" and/or 3 Fish < 14" or all 4 Fish may

be < 14"



Litchfield City Lake, City of Litchfield

Montgomery County

Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit with 1 Fish ≥

15" and 2 Fish < 15" (25)


Little Casters Pond, Boone County Conservation District

Boone County

All Fish 2 Pole and Line Fishing Only

Channel Catfish 6 Fish Daily Harvest Limit

Large or Smallmouth Bass 14" Minimum Length Limit

1 Fish Daily Harvest Limit

Loami Reservoir, City of Loami

Sangamon County




Mackinaw Ponds 1 and 2, Mackinaw State Fish and Wildlife Area

Tazewell County




Macon County Conservation District Ponds (see also Rock Springs Pond and Rock Springs

Bike Trail Pond), Macon County Conservation District

Macon County



21



Maple Lake, Cook County Preserve District

Cook County



Sunfish (14)





Marine Heritage Lake, Village of Marine

Madison County






Marissa City Lake, City of Marissa

St. Clair County



Marquette Park Lagoon, Chicago Park District

Cook County



Marshall County Conservation Area (Fishing Ditch), Marshall County Conservation Area

(33)

Marshall County




Marshall County Conservation Area – Sparland Unit (33)

Marshall County

Mascoutah Reservoir, City of Mascoutah

St. Clair County


21







Matthiessen Lake, Matthiessen State Park

LaSalle County



Channel Catfish ● 6 Fish Daily Harvest limit


Mautino State Fish and Wildlife Area Bureau County






Mauvaise Terre/Morgan Lake, City of Jacksonville

Morgan County

All Fish 2 Pole and Line Fishing Only (1)






Mazonia Lakes & Ponds (excluding Ponderosa Lake), Mazonia State Fish and Wildlife Area

(33)

Grundy/Kankakee/Will Counties






McCullom Lake, City of McHenry


21



McHenry County






McKinley Park Lagoon, Chicago Park District

Cook County



McLeansboro City Lakes, City of McLeansboro

Hamilton County




Mechanicsburg Park Pond, City of Mechanicsburg

Sangamon County





Meredosia Lake – Cass County Portion Only (meandered waters only) (33)

Cass County

Meredosia Lake, Cass County Portion

Cass County


21



Recreational Use Restrictions ● Meandered waters only; All boat traffic is

prohibited from operating on meandered

waters (except non-motorized boats may

be used to assist in the retrieval of

waterfowl shot from private land) from the

period from one week before waterfowl

season opens until the season closes;

hunting and/or any other activity is

prohibited during the period from one

week before waterfowl season opens until

the season closes

Mermet State Lake, Mermet Lake Conservation Area (33)

Massac County






Middle Fork Forest Preserve Pond, Champaign County Forest Preserve

Champaign County





Middle Fork of the Vermilion River, Kickapoo State Park and Middle Fork Fish and Wildlife

Area

Vermilion County


Mill Creek Lake, Clark County Park District

Clark County


quick set rig (43)



Large or Smallmouth Bass (14) ● 4 Fish < 15" and 1 Fish ≥ 15" Daily


21





White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, of which

only 2 Fish can be 12" or longer

Mill Race Ponds, Belvidere Park District

Boone County




Miller Park Lake, Bloomington Park District

McLean County






Mineral Springs Park Lagoon, City of Pekin

Tazewell County




Mississippi River Pools 16, 17, 18, 21, 22, 24 (33)

Multiple Counties

Mississippi River Pools 25 and 26 (19)

Multiple Counties

Mississippi River (between IL & IA), State of Illinois

Multiple Counties

Recreational Use Restrictions ● Any tagged sport fishing device may not

be left unattended for more than 24 hours

or must be completely removed ● Maximum treble hook size is 5/0; gaffs may not be used to land paddlefish


21



● Spring Lake in Carroll County is closed to

fishing during the 7 days prior to the

regular duck season and during the regular

duck and Canada goose season except in

areas posted as open to fishing

All Fish

● Sport fishermen must not use more than 2

poles and each pole must not have more

than 2 hooks or lures while trolling

Bluegill or Pumpkinseed Sunfish ● 25 Fish Daily Harvest Limit singly or in

the aggregate



Northern Pike ● 5 Fish Daily Harvest Limit

Paddlefish ● Snagging for paddlefish is permitted from

½ hour before sunrise to ½ hour after

sunset daily, March 1 through April 15

within a 500 yard downstream limit below

locks and dams on the Mississippi River

between Illinois and Iowa; Daily Harvest

Limit is 2 fish; the maximum length limit

for paddlefish taken from the Mississippi

River between Illinois and Iowa is 33"

eye-to-fork length (all paddlefish ≥ to 33"

must be immediately released back to the

Mississippi River); no sorting allowed;

once the daily limit of paddlefish has been

reached, snagging must cease

Rock Bass ● 25 Fish Daily Harvest Limit

Striped, White, Yellow or Hybrid Striped

Bass

● 25 Fish Daily Harvest Limit singly or in

the aggregate – statewide regulation

limiting Daily Harvest to 3 fish ≥ 17" is

not in effect on the Mississippi River

between Illinois and Iowa

Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more

than 1 Walleye ≥ 27" in total length

Walleye ● 15" Minimum Length Limit with no

possession of Fish ≥ 20" and < 27"

Protected Slot Length Limit (24)

White, Black, or Hybrid Crappie (15) ●


21



25 Fish Daily Harvest Limit singly or in

the aggregate


Mississippi River (between IL & MO), State of Illinois

Multiple Counties

Recreational Use Restrictions ● Boating prohibited on refuge area (Ellis

Bay) immediately upstream of Melvin

Price Lock and Dam 26 overflow dike

from October 15-April 15

● Any tagged sport fishing device may not

be left unattended for more than 24 hours

or must be completely removed

All Nongame Species Combined ● 100 Total Fish Daily Harvest Limit

(Excludes endangered and threatened

species and the following game

species: Crappie,

Channel/Blue/Flathead Catfish, Rock

Bass, Warmouth,

White/Yellow/Striped/Hybrid Striped

Bass, Trout,

Largemouth/Smallmouth/Spotted

Bass, Muskellunge, Northern Pike,

Chain/Grass Pickerel, Walleye,

Sauger, Paddlefish)


Flathead Catfish ● 10 Fish Daily Harvest Limit

Largemouth, Smallmouth, Spotted Bass ● 12" Minimum Length Limit or

Northern Pike ● 1 Fish Daily Harvest Limit

Paddlefish ● 24" Eye-to-Fork Minimum Length Limit

● Snagging for paddlefish is permitted from

September 15 through December 15 and

March 15 through May 15 within a 300

yard downstream limit below locks and

dams on the Mississippi River between

Illinois and Missouri except for the Chain

of Rocks low water dam at Chouteau

Island, also known as Dam 27 at the Chain


21



of Rocks (Madison County) where no

snagging is permitted; Daily Harvest

Limit is 2 fish; sorting is permitted; every

paddlefish ≥ 24" in eye-to-fork length

must be taken into immediate possession

and included in the Daily Harvest Limit;

paddlefish < 24" eye to fork length must

be returned immediately to the water; once

the daily limit of paddlefish has been

reached, snagging must cease

Striped, White, Yellow or Hybrid Striped

Bass

● 30 Fish Daily Harvest Limit singly or in

the aggregate – statewide regulation

limiting daily harvest to 3 fish ≥ 17" is not

in effect on the Mississippi River between

Illinois and Missouri

Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit



Monee Reservoir, Will County Forest Preserve District

Will County






Montrose Lake, City of Montrose

Cumberland County




Bluegill and Redear Sunfish ● 15 Fish, singly or in the aggregate, Daily

Harvest Limit

Mt. Olive City Lakes (Old and New), City of Mt. Olive

Macoupin County




21





Mt. Pulaski Park District Lake, Mt. Pulaski Park District

Logan County





Mt. Sterling Lake, City of Mt. Sterling

Brown County





Mt. Vernon City Park Lake, City of Mt. Vernon

Jefferson County





Mt. Vernon Game Farm Pond, Mt. Vernon Game Farm

Jefferson County




Mundelein Park District Ponds, City of Mundelein

Lake County





Nashville City Lake, City of Nashville

Washington County


21







Newton Lake, Newton Lake State Fish and Wildlife Area (41) (33)

Jasper County

Recreational Use Restrictions ● The cold water arm of Newton Lake shall

be closed daily from one-half hour before

sunrise until 1:00 p.m. to all fishing and

boat traffic except for legal waterfowl

hunters during waterfowl season

commencing with regular duck season

through the close of the Canada goose and

regular duck season; fishing tournaments

prohibited from June 1 through August 31

● Lake closed to fishing during firearm deer

seasons


● Closed for Regular Shotgun Deer Season





Norris City Reservoir, City of Norris City

White County




Oakland City Lake, City of Oakland

Coles County




Oblong Lake, City of Oblong

Crawford County


21







Ohio River (between IL & KY), State of Illinois

Multiple Counties


Northern Pike ● No Minimum Length Limit

● No Daily Harvest Limit

Muskie or Tiger Muskie ● 1 Fish Daily Harvest Limit



(14)

● 6 Fish Daily Harvest Limit ● 14" Minimum Length Limit


Striped, White, Yellow or Hybrid

Striped Bass

● 30 Fish Daily Harvest Limit, singly or in

the aggregate, of which no more than 4

Fish ≥ 15" Daily (32)

Ohio River (between IL & KY), State of Illinois and Wabash River, various counties (between

IL and IN)

Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28" ● No Daily Harvest Limit for Fish ≥ 13" and

˂ 28"

● No harvest < 13" Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35"

● No Daily Harvest Limit for Fish ≥ 13" and

˂ 35"

● No harvest < 13"

Ohio River – Smithland Pool Tributary Streams (in Pope/Hardin/Gallatin Counties, excluding

Wabash River and Saline River Above Route 1 Bridge)

Multiple Counties


Old Kinmundy Reservoir, City of Kinmundy

Marion County




21




Olsen Lake, Rock Cut State Park

Winnebago County





Omaha City Reservoir, City of Omaha

Gallatin County




Omaha Township Reservoir, City of Omaha

Gallatin County




Otter Lake, Otter Lake Water Commission

Macoupin County


quick set rig (43)






(16)

● 10 Fish Daily Harvest, singly or in the

aggregate, of which only 3 Fish may be ≥

17" (17)


PalmisanoPalmissano Pond (StearnsStern's Park Quarry), Chicago Park District

Cook County


● Catch and Release Fishing Only (9)


21



Palmyra – Modesto Water Commission Lake, Palmyra/Modesto Water Commission

Macoupin County





Pana Lake, City of Pana

Shelby and Christian Counties


quick set rig (43)






Paris East & West Lakes, City of Paris

Edgar County




Peabody River King, Pit #3 Lakes and Ponds, River King State Conservation Area (see also

Willow Lake for additional regulations)

St Clair County







Pecatonica River and Tributaries, State of Illinois

Winnebago/Stephenson Counties


Perry Farm Pond, Bourbonnais Park District

Kankakee County


21





Piasa (19)

Madison/Jersey Counties

Pierce Lake, Rock Cut State Park

Winnebago County


quick set rig (43)







Pinckneyville Lake, City of Pinckneyville

Perry County



Pine Creek (within the boundaries of White Pines Forest State Park)

Ogle County







Piscasaw Creek

McHenry County



Pittsfield City Lake, City of Pittsfield

Pike County



21






(16)

● 17" Minimum Length ● 3 Fish Daily Harvest Limit

Pocahontas Park Ponds, City of Pocahontas

Bond County





Ponderosa Lake, Mazonia State Fish and Wildlife Area (33)

Kankakee County







Powerton Lake, Powerton Lake Fish and Wildlife Area (39)

Tazewell County

Recreational Use Restrictions ● Powerton Lake shall be closed to boat

traffic except for legal waterfowl hunters

from one week prior to regular waterfowl

season to February 15, and closed to all

unauthorized entry during regular Canada

goose and duck season


Blue Channel or Flathead Catfish ● 6 Fish Daily Harvest Limit, singly or in the

aggregate, with no more than 1 fish ≥ 35"




(16)



17" (17)


(14)

● 3 Fish Daily Harvest Limit ● 18" Minimum Length Limit


21



Prospect Pond, City of Moline

Rock Island County



Pyramid State Park – Blue Wing Lake, Green Wing Lake, Goldeneye Lake and Mallard

Lake, Pyramid State Park

Perry County

Recreational Use Restrictions ● Waterfowl Hunting Area (from November

1 through the last day in February, fishing

is permitted in designated areas only, and

fishing hours are from ½ hour before

sunrise to 2 p.m.) ● All live bait > 8" must be rigged with a

quick set rig (43)





18" and/or 5 fish < 14" (38)



Pyramid State Park – Captain, Denmark, Galum and East Conant Areas – All Lakes and

Ponds except Blue Wing Lake, Green Wing Lake and Goldeneye Lake, Pyramid State Park

Perry County

Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all

use other than waterfowl hunting

prohibited from November 1 through the

last day in February)

● All live bait > 8 inches must be rigged

with a quick set rig (43)





Fish ≥ 18" and/or 5 Fish < 14" (38)



21




Pyramid State Park Lakes & Ponds (excluding Captain, Denmark, Galum and East Conant

Areas), Pyramid State Park

Perry County




Fish ≥ to 18" and/or 5 Fish < 14" (38)

Raccoon Lake, City of Centralia

Marion County




Ramsey Lake, Ramsey Lake State Park

Fayette County







Ramsey Lake State Park Ponds, Ramsey Lake State Park

Fayette County




Randolph County Lake, Randolph County Conservation Area

Randolph County







21



Red Hills Lake, Red Hills State Park

Lawrence County




Red's Landing Wildlife Management Area (19)

Calhoun County

(Access to walk-in area closed 7 days prior to duck season)

Redwing Slough/Deer Lake (33)

Lake County

Rend Lake, U.S. Army Corps of Engineers (22) (33)

Franklin and Jefferson Counties

Channel Catfish ● All jugs must be attended at all times while

fishing (2)


Striped, White, Yellow or Hybrid

Striped Bass (8)



17"

White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in


10"

Rend Lake Project Ponds – Jackie Branch Pond, Ina N. Borrow Pit, Green Heron Pond, North

Marcum Campground Pond, U.S. Army Corps of Engineers

Franklin and Jefferson Counties






Rice Lake State Fish and Wildlife Area (33) (34)

Fulton County




21



Ridge Lake, Fox Ridge State Park

Coles County


Channel Catfish ● 14" Minimum Length Limit


Riis Park Lagoon, Chicago Park District

Cook County



Riprap Landing (19)

Calhoun County

River Bend Forest Preserve Lakes (Sunset Lake and Shadow Lake), Champaign County Forest

Preserve District

Champaign County




Large or Smallmouth Bass ● 1 Fish ≥ 15" and 2 Fish < 15" (25)




Riverside Park Lagoon, Moline Park District

Rock Island County



Rochester Park Pond, City of Rochester

Sangamon County






Rock Creek, State of Illinois


21



Kankakee County






Rock River, from the Sears and Steel Dam downstream to confluence of the Mississippi

River, State of Illinois

Rock Island County

Walleye ● 15" Minimum Length Limit with a 20-27"

Protected Slot Length Limit (24)

Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more

than 1 Fish ≥ 27"

Rock River, Wisconsin State Line downstream to confluence of the Mississippi River,

including tributaries, State of Illinois

Multiple Counties


Rock Springs Bike Trail Pond, Macon County Conservation District

Macon County





Rock Springs Pond, Macon County Conservation District

Macon County






Roodhouse Park Lake, City of Roodhouse

Green County




21



Route 6 Quarries (East and West), Will County Forest Preserve District

Will County






Route 154 Day Use Pond, State of Illinois

Randolph County





Sag Quarry East, Cook County Forest Preserve District

Cook County

Bluegill, Redear, or Pumpkinseed) ● 15 Fish Daily Harvest Limit

Sunfish (14)




Sahara Woods State Fish and Wildlife Area, State of Illinois

Saline County







Salem Reservoir, City of Salem

Marion County





21



Sam Dale Lake, Sam Dale Conservation Area

Wayne County


quick set rig (43)





Sam Dale Trout Pond, Sam Dale Conservation Area

Wayne County






Sam Parr Lake, Sam Parr State Park

Jasper County




Sand Lake, Illinois Beach State Park

Lake County







Sanganois State Conservation Area (33) (42)

Mason/Cass/Schuyler/Menard Counties


Sangchris Lake, Sangchris Lake State Park

Christian/Sangamon Counties

Recreational Use Restrictions ● Posted waterfowl refuge closed to all boat


21



traffic during waterfowl season. Bank

fishing along the dam shall be permitted.

Fishing shall be prohibited in the east and

west arms of the lake during the period

from 10 days prior to the duck season

through the end of the duck season.

Fishing shall be prohibited in the west arm

of the lake and the east arm of the lake

south of the power lines during that portion

of the Canada goose season that follows

the duck season (41)






Schiller Pond, Cook County Forest Preserve District

Cook County



Sunfish (14)






Schuy-Rush Lake, City of Rushville

Schuyler County





Sesser City Lake, City of Sesser

Franklin County





21




Shabbona Lake, Shabbona Lake State Park

DeKalb County


quick set rig (43)

● No sport fishing below dam to fence








(16)




Shawnee National Forest − Lakes and Ponds less than 10 acres, U.S. Forest Service

Multiple Counties



Largemouth, Smallmouth or Spotted

Bass


Shawnee National Forest – Bay Creek Lake #5 and #8 (Sugar Creek Lake), U.S. Forest

Service

Pope County



Largemouth, Smallmouth and Spotted

Bass


Shawnee National Forest – Dutchman Lake, U.S. Forest Service

Johnson County




Bass



21



Shawnee National Forest – Lake Glendale, U.S. Forest Service

Pope County




Bass


Shawnee National Forest – Little Cache #1, U.S. Forest Service

Johnson County



Largemouth or Smallmouth Bass ● 15" Minimum Length Limit

Shawnee National Forest – One Horse Gap Lake, U.S. Forest Service

Pope County




Bass


Shawnee National Forest – Pounds Hollow Lake, U.S. Forest Service

Gallatin County




Bass


Shawnee National Forest – Tecumseh Lake, U.S. Forest Service

Hardin County




Bass


Shawnee National Forest – Turkey Bayou, U.S. Forest Service

Jackson County




21




Bass


Shawnee National Forest – Whoopie Cat Lake, U.S. Forest Service

Hardin Counties




Bass


Sherman Park Lagoon, Chicago Park District

Cook County



Siloam Springs Lake, Siloam Springs State Park

Adams County




possession of fish < 15" or ≥ 12" (3)





Siloam Springs State Park − Buckhorn Unit Waters, Siloam Springs State Park

Brown County







Silver Lake, City of Highland

Madison County




21



Silver Springs State Park – Big Lake & Ponds, Silver Springs State Fish and Wildlife Area

Kendall County






Skokie Lagoons (including Skokie Lagoons Spillway and Skokie River Downstream to

Willow Road), Cook County Forest Preserve District

Cook County



Sunfish (14)





Snakeden Hollow State Fish and Wildlife Area – McMaster Lake & Other Site Waters,

State of Illinois

Knox County

Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use

other than waterfowl hunting prohibited

from 14 days prior to duck season through

the end of the central zone Canada goose

season)


quick set rig (43)






Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 fish ≥ 48" in

total length (52)


21





(14)




Southwind Pond, Springfield Park District

Sangamon County



Sparta New City Reservoir (North), City of Sparta

Randolph County




Sparta Old City Reservoir (South), City of Sparta

Randolph County





Sparta "T" Lake, City of Sparta

Randolph County









Sparta World Shooting and Recreational Complex − Derby Lake, State of Illinois

Randolph County

All Fish ● 2 Pole and Line Fishing Only (1)(5)



21




Large and Smallmouth Bass (14) ● 18" Minimum Length Limit






Sparta World Shooting and Recreational Complex Lakes, State of Illinois

Randolph County

All Fish ● 2 Pole and Line Fishing Only (1)(5)







Sportsmans' Club Pond, Macon County Conservation District

Macon County



Spring Grove Hatchery Pond, City of Spring Grove

McHenry County


Spring Lake, City of Macomb

McDonough County


quick set rig (43)


Channel Catfish or Blue Catfish (14) ● 6 Fish Daily Harvest Limit



Pure Muskellunge ● 42" Minimum Length limit



(16)




21



Walleye ● 18" Minimum Length Limit


Spring Lakes (North & South), Spring Lake Conservation Area (33)

Tazewell County


quick set rig (43)



Large or Smallmouth Bass (14) ● Protected Slot Length Limit; 12-18"





Spring Pond, Flagg-Rochelle Park District

Ogle County




Starved Rock State Park (33)

LaSalle County

Staunton City Lake, City of Staunton

Macoupin County


quick set rig (43)






Sterling Lake, Lake County Forest Preserve District

Lake County


quick set rig (43)



21








Storm Lake, DeKalb Park District

DeKalb County





Stump Lake State Wildlife Management Area (19)

Jersey County

Tampier Lake, Cook County Forest Preserve District

Cook County



Sunfish (14)






Taylorville Park District Pond, Taylorville Park District

Christian County




Ten Mile Creek Lakes, Ten Mile Creek State Fish and Wildlife Area

Hamilton/Jefferson Counties

(Areas designated as waterfowl rest areas are closed to all access during the Canada goose season

only)





21



Three Oaks North and South Lakes, City of Crystal Lake

McHenry County


● Catch and Release Fishing Only (9)

Tilton City Lake, City of Tilton

Vermilion County






Toledo Reservoir, City of Toledo

Cumberland County



Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥

15" and 2 Fish < 12"


Tower Lake (St. Elmo South Lake), City of St. Elmo

Fayette County




Tri-Township Park Pond, City of Troy

Madison County






Turkey Bluff Ponds, State of Illinois

Randolph County



21






Turner Lake, Chain O'Lakes State Park

Lake County





Turtle Lake (East Lake Renwick), Will County Forest Preserve District

Will County






Tuscola City Lake, City of Tuscola

Douglas County




Union County State Fish and Wildlife Area – All lakes and ponds

Union County

(All fishing and boat traffic prohibited from October 15 through the last day of February)



Valley Lake, Wildwood Park District

Lake County





Valmeyer Lake, City of Valmeyer


21



Monroe County





Vandalia Lake, City of Vandalia

Fayette County




Striped, White, or Hybrid Bass (16) ● 17" Minimum Length Limit


Vanhorn Woods Pond, Plainfield Park District

Will County






Vernor Lake, City of Olney

Richland County




Villa Grove East Lake, City of Villa Grove

Douglas County




Villa Grove West Lake, City of Villa Grove

Douglas County





21





(16)




Wabash River, various counties (between IL and IN) and Ohio River (between IL & KY), State

of Illinois

Multiple Counties

Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28"


˂ 28"


Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35"


˂ 35"


Waddams Creek

Stephenson County


Walnut Point Lake, Walnut Point State Fish and Wildlife Area

Douglas County


Bluegill or Redear Sunfish (14) ● 20 Fish, either singly or in aggregate, Daily

Harvest Limit, of which only 5 Fish may

be ≥ 8"



possession of Fish < 15" or ≥ 12" (3)

Walton Park Lake, City of Litchfield

Montgomery County





Wampum Lake, Cook County Forest Preserve District


21



Cook County



Sunfish (14)




Washington County Lake, Washington County Conservation Area

Washington County



Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥

18" and 2 Fish < 14"


(16)


Washington Park Lagoon, Chicago Park District

Cook County



Washington Park Pond, Springfield Park District

Sangamon County





Watseka City Ponds (Clements Pond, Kapers Pond and Municipal Center Pond), City of

Watseka

Iroquois County







Waverly Lake, City of Waverly


21



Morgan County




Weinberg-King Pond, Weinberg-King State Park

Schuyler County



Weldon Springs Lake, Weldon Springs State Park

DeWitt County





Walleye, Sauger, and Hybrid Walleye ● 3 Fish Daily Harvest Limit

● 15" Minimum Length Limit with no more

than 1 Fish ≥ 20"



West Frankfort New City Lake, City of West Frankfort

Franklin County





West Frankfort Old City Lake, City of West Frankfort

Franklin County





West Salem Reservoir, City of West Salem

Edwards County



21





Whalon Lake, Forest Preserve District of Will County

Will County








White Hall City Lake, City of White Hall

Greene County



Wilderness Pond, Fox Ridge State Park

Coles County






William W. Powers State Conservation Area (33)

Cook County



Willow Lake, Peabody River King State Conservation Area

St. Clair County








21





● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9)

Wolf Lake, William W. Powers Conservation Area (33)

Cook County






Woodford Co. Cons. Area (Fishing Ditch), Woodford County Conservation Area (33)

Woodford County




Woodlawn Pond, Frankfort Square Park District

Will County





Woods Lake, U.S. Army Corps of Engineers

Moultrie County




(16)

● Catch and Release Only


Fish ≥ 18" and 2 Fish < 14"

Bluegill and Readear Sunfish ● 15 Fish, either singly or in the aggregate,

Daily Harvest Limit, of which only 5 Fish

may be ≥ 8"

White, Black, or Hybrid Crappie ● 15 Fish Daily Harvest Limit with only 5

Fish < 10" and 10 Fish ≥ 10"


21



Wyman Lake, City of Sullivan

Moultrie County






Yellow Creek

Stephenson County



Section 810.70 Free Fishing Days

During the period of June 1819, 1920, 2021 and 22, 20212020, it shall be legal for any person to

fish in waters wholly or in part within the jurisdiction of the State, including the Illinois portion

of Lake Michigan, without possessing a sport fishing license, salmon stamp or inland trout

stamp.



21

DEPARTMENT OF REVENUE


1) Heading of the Part: Income Tax



100.3220 Amendment

100.3370 Amendment

100.7030 Amendment

100.7036 New Section

4) Statutory Authority: 35 ILCS 5/303, 5/304, and 5/710






9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 11132; July 6, 2020


11) Differences between Proposal and Final Version: The only changes made were the ones

agreed upon with JCAR. Only grammatical and technical changes were made.




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

Section Number: Proposed Action: Illinois Register Citation:

100.2164 New Section 44 IL. Reg. 18641; November 30, 2020


21



15) Summary and Purpose of Rulemaking: This rulemaking implements the amendments PA

101-31 made to Sections 303, 304 and 710 of the Illinois Income Tax Act, 35 ILCS

5/303, 5/304 and 5/710. Section 303, 35 ILCS 5/303, is amended as follows. For tax

years ending on or after December 31, 2019, all horse racing and casino winnings under

the Illinois Horse Racing Act of 1975 and the Illinois Gambling Act (formerly the Illinois

Riverboat Gambling Act) are allocable to Illinois. Section 304, 35 ILCS 5/304, is

amended as follows. For tax years ending on or after December 31, 2019, all gross

receipts from winnings from pari-mutuel wagering conducted at a wagering facility

licensed under the Illinois Horse Racing Act of 1975 [230 ILCS 5] or from winnings

from gambling games conducted on a riverboat or in a casino or organization gaming

facility licensed under the Illinois Gambling Act [230 ILCS 10] are in this State. Section

710, 35 ILCS 5/710, is amended to require withholding for residents and nonresidents for

payments for winnings at a pari-mutuel wagering facility or from gambling games

conducted on a riverboat or in a casino or organization gaming facility provided that the

person making the payment is required to withhold under Section 3402(q) of the Internal

Revenue Code.


Michael D Mankowski

Associate Counsel

Legal Services Office

Illinois Department of Revenue

101 West Jefferson


217/782-2844



21



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))

100.2165 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)

100.2193 Student-Assistance Contributions Credit (IITA 218)


21



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

December 31, 1986 (IITA 207)


21



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))


21



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

Section


21



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)

100.3390 Petitions for Alternative Allocation or Apportionment (IITA Section 304(f))

100.3400 Apportionment of Business Income of Financial Organizations for Taxable Years


21



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

100.4100 Taxable Years (IITA Section 401)

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

100.5130 Composite Returns: Required forms and computation of Income (IITA Section


21



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)

100.7036 Withholding of Lottery and Gambling Winnings (IITA Section 710)


21



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)


21



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)


21



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]


21



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,


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;


June 7, 1990; amended at 14 Ill. Reg. 16012, effective September 17, 1990; emergency


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,


21



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;


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,


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;


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;


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,


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,


16240, effective November 26, 2007; amended at 32 Ill. Reg. 872, effective January 7, 2008;


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;



21



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,


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; 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. 2006, effective January 29, 2021.

SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3220 Allocation of Certain Items of Nonbusiness Income by Persons Other

Than Residents (IITA Section 303)

a) In General. IITA Section 303 provides rules for the allocation by any person other

than a resident of Illinois of any item of capital gain or loss, and any item of

income from rents or royalties from real or tangible personal property, interest,

dividends, and patent or copyright royalties, together with any item of deduction

directly allocable thereto, to the extent the item constitutes nonbusiness income.


21



For the tests as to whether any item constitutes business or nonbusiness income,

see Section 100.3010.

b) Capital Gains and Losses

1) Real Property. Capital gains and losses from sales or exchanges of real

property are allocated to Illinois if the property is located in Illinois.

(IITA Section 303(b)(1)) Economic interests in minerals in place, such as

oil or gas, are real property under IITA Section 303. Examples of these

interests are royalties, overriding royalties, participating interests,

production payments and working interests.

2) Tangible Personal Property. Capital gains and losses from sales or

exchanges of tangible personal property are allocated to Illinois, if at the

time of the sale or exchange:

A) the property has its situs in Illinois; or

B) the taxpayer has its commercial domicile in Illinois and is not

taxable in the state in which the property has its situs. (IITA

Section 303(b)(2)) For the tests of taxability in another state and

commercial domicile, see Sections 100.3200 and 100.3210.

3) Intangible Personal Property. Capital gains and losses from sales or

exchanges of intangible personal property are allocated to Illinois if the

taxpayer has its commercial domicile in Illinois at the time of the sale or

exchange. (IITA Section 303(b)(3)) For the tests of commercial domicile,

see Section 100.3210.

c) Rents and Royalties

1) Real Property. Rents and royalties from real property are allocated to

Illinois if the property is located in Illinois. (IITA Section 303(c)(1))

Economic interests in minerals in place, such as oil or gas, are real

property under IITA Section 303. Examples of these interests are royalties,

overriding royalties, participating interests, production payments and

working interests.

2) Tangible Personal Property. Rents and royalties from tangible personal


21



property are allocated to Illinois:

A) if and to the extent that the property is utilized in Illinois; or

B) in their entirety if, at the time rents or royalties are paid or

accrued, the taxpayer has its commercial domicile in Illinois and

was not organized under the laws of, or is not taxable with respect

to the rents or royalties in, the state in which the property is

utilized. (IITA Section 303(c)(2)) For the tests of taxability in

another state and commercial domicile, see Sections 100.3200 and

100.3210. The extent of utilization of tangible personal property in

a state is determined by multiplying the rents or royalties derived

from the property by a fraction, the numerator of which is the

number of days of physical location of the property in the state

during the rental or royalty period in the taxable year and the

denominator of which is the number of days of physical location of

the property everywhere during all rental or royalty periods in the

taxable year. If the physical location of the property during the

rental or royalty period is unknown or unascertainable by the

taxpayer, tangible personal property is utilized in the state in which

the property is located at the time the rental or royalty payor

obtains possession.

3) Examples. Section 100.3220(c) may be illustrated by the following

examples:

A) EXAMPLE A. A is a resident of Missouri. A purchases an interest

in oil royalty under an oil and gas lease in Illinois. During 1970, A

receives $2,000 in royalty payments. Under Section

100.3010(c)(3)(B), the royalty income is presumed to be

nonbusiness income. As such it is allocated to Illinois, being

derived from real property located in Illinois.

B) EXAMPLE B. B is a resident of Iowa, with a summer home in

Illinois. B owns a sailboat that he keeps in Iowa during the winter

months and tows to Illinois by trailer for use in the summer.

During 1970, B is unable to visit his summer home, and rents his

sailboat for the months of July through September to C, the owner

of the adjoining property in Illinois. Under Section


21



100.3010(c)(3)(B), the rent is presumed to be nonbusiness income.

C takes the boat from Iowa to Illinois and returns it to B in Iowa on

October 1, 1970. Although the boat is physically located in Iowa

during the months of January through June and October through

December, the rental period is only the months of July through

September. During the rental period, the boat is located in Illinois.

Hence, it is utilized in Illinois and, accordingly, the rental income

is allocated to Illinois.

C) EXAMPLE C. The facts are the same as in Example B, except that

B rents the boat through a want ad and does not know C, nor where

he uses the boat during the months of July through September. In

this case, since C takes possession of the boat in Iowa, it is utilized

in Iowa and, accordingly, the rental income is not allocated to

Illinois.

d) Patent and Copyright Royalties

1) Allocation. Patent and copyright royalties are allocated to Illinois:

A) if and to the extent that the patent or copyright is utilized by the

payor of the royalties in Illinois; or

B) if and to the extent that the patent or copyright is utilized by the

payor of the royalties in a state in which the taxpayer is not

taxable with respect to the royalties and, at the time the royalties

are paid or accrued, the taxpayer has its commercial domicile in

Illinois. (IITA Section 303(d)(1)) For the tests of taxability in

another state and commercial domicile, see Sections 100.3200 and

100.3210.

2) Utilization

A) Patents. A patent is utilized in a state to the extent that it is

employed in production, fabrication, manufacturing or other

processing in the state or to the extent that a patented product is

produced in the state. If the basis of receipts from patent royalties

does not permit allocation to states or if the accounting procedures

of the royalty payor do not reflect states of utilization, the patent is


21



utilized in Illinois if the taxpayer has its commercial domicile in

Illinois. (IITA Section 303(d)(2)(A))

B) Copyrights. A copyright is utilized in a state to the extent that

printing or other publication originates in that state. If the basis of

receipts from copyright royalties does not permit allocation to

states or if the accounting procedures of the royalty payor do not

reflect states of utilization, the copyright is utilized in Illinois if the

taxpayer has its commercial domicile in Illinois. (IITA Section

303(d)(2)(B))

3) Example. A, a resident of New York, is not in the business of being an

inventor, but owns a patent on a single invention, which he licenses to a

manufacturer of automatic garage door openers. Royalties are a percentage

of the manufacturer's sales. The manufacturer has plants situated in

Missouri, Illinois and Indiana. Under Section 100.3050(c)(2)(B), the

royalty income is presumed to be nonbusiness income. If A's royalties can

be allocated to Missouri, Illinois and Indiana on the basis of sales from the

manufacturer's plants in each of those states, those royalties attributable to

sales from the Illinois plant are allocated to Illinois. If, however, the

manufacturer's accounting procedures do not reflect sales from the specific

plants, but royalties are paid on the basis of total sales not broken down by

plant, then, since A is not a resident of Illinois, the patent is not utilized in

Illinois and none of the royalties are allocated to Illinois.

e) Taxability in another state. For the test of taxability in another state, see Section

100.3200.

f) Interest and dividends. For allocation of interest and dividends, see Section

100.3300(b)(2).

g) Illinois Lottery Prizes. Prizes awarded under the Illinois Lottery Law [20 ILCS

1605] are allocable to this State. Payments received in taxable years ending on

or after December 31, 2013, from the assignment of a prize under Section 13.1 of

the Illinois Lottery Law, are allocable to this State. (IITA Section 303(e))

h) Wagering and Gambling Winnings. Payments, received in taxable years ending

on or after December 31, 2019, of winnings from pari-mutuel wagering

conducted at a wagering facility licensed under the Illinois Horse Racing Act of


21



1975 [230 ILCS 5] and from gambling games conducted on a riverboat or in a

casino or organization gaming facility licensed under the Illinois Gambling Act

[230 ILCS 10] are allocable to this State. (IITA Section 303(e-1))

i) Unemployment Compensation. Unemployment compensation paid by this State

is allocated to this State. (See IITA Section 303(e-5).)


SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3370 Sales Factor (IITA Section 304)

a) In General

1) IITA Section 1501(a)(21) defines the term "sales" to mean all gross

receipts of the person not allocated under IITA Sections 301, 302 and 303.

Thus, for the purposes of the sales factor of the apportionment formula for

each trade or business of the person, the term "sales" means all gross

receipts derived by the person from transactions and activity in the regular

course of his or her trade or business. The following are rules for

determining "sales" in various situations, except in instances in which an

alternative method of determining the sales factor is prescribed in Section

100.3380. If the determination prescribed by this Section does not clearly

reflect the taxpayer's business activities in Illinois (for taxable years

ending before December 31, 2008) or the market for the taxpayer's goods,

services or other sources of income in Illinois (for taxable years ending on

or after December 31, 2008), the taxpayer may request the use of an

alternative method of apportionment under Section 100.3390.

A) In the case of a person engaged in manufacturing and selling or

purchasing and reselling goods or products, "sales" includes all

gross receipts from the sales of those goods or products (or other

property of a kind that would properly be included in the inventory

of the person if on hand at the close of the tax period) held by the

person primarily for sale to customers in the ordinary course of its

trade or business. Gross receipts for this purpose means gross

sales less returns and allowances, and includes all interest income,

service charges, carrying charges, or time-price differential charges


21



attendant to those sales. Federal and State excise taxes (including

sales taxes) shall be included as part of the receipts if the taxes are

passed on to the buyer or included as part of the selling price of the

product.

B) In the case of cost plus fixed fee contracts, such as the operation of

a government-owned plant for a fee, "sales" includes the entire

reimbursed cost, plus the fee.

C) In the case of a person engaged in providing services, such as the

operation of an advertising agency, or the performance of

equipment service contracts, or research and development

contracts, "sales" includes the gross receipts from the performance

of those services, including fees, commissions and similar items.

D) In the case of a person engaged in renting real or tangible property,

"sales" includes the gross receipts from the rental, lease or

licensing of the use of the property.

E) In the case of a person engaged in the sale, assignment or licensing

of intangible personal property such as patents and copyrights,

"sales" includes the gross receipts therefrom.

F) If a person derives receipts from the sale of equipment used in its

business, those receipts constitute "sales". For example, a truck

express company owns a fleet of trucks and sells its trucks under a

regular replacement program. The gross receipts from the sales of

the trucks shall be included in the sales factor.

2) The following gross receipts are not included in the sales factor:

A) For taxable years ending on or after December 31, 1995,

dividends; amounts included under IRC section 78; and Subpart F

income are excluded from the sales factor under IITA Section

304(a)(3)(D).

B) Gross receipts that are excluded from or deducted in the

computation of federal taxable income or federal adjusted gross

income, and that are not added back in the computation of base


21



income. For example, in years ending prior to December 31, 1995,

dividends received from a domestic corporation are excluded from

the sales factor to the extent the taxpayer is allowed a deduction

under IRC section 243 with respect to those dividends.

C) Gross receipts that are subtracted from federal taxable income or

federal adjusted gross income in the computation of base income

or that are eliminated in the computation of taxable income in the

case of a unitary business group under Section 100.5270(b)(1).

Examples of gross receipts excluded from the sales factor under

this provision include:

i) Interest on federal obligations subtracted under IITA

Section 203(a)(2)(N), (b)(2)(J), (c)(2)(K) or (d)(2)(G).

ii) For taxable years ending prior to December 31, 1995,

dividends included in federal taxable income or federal

adjusted gross income are excluded from the sales factor if

eliminated in combination or to the extent subtracted under

IITA Section 203(a)(2)(J), (a)(2)(K), (b)(2)(K), (b)(2)(L),

(b)(2)(O), (c)(2)(M), (c)(2)(O), (d)(2)(K) or (d)(2)(M).

D) Gross receipts that are excluded from or deducted in the

computation of federal taxable income or federal adjusted gross

income, but are added back in the computation of base income, are

included in the sales factor unless subtracted or eliminated in

combination. For example:

i) Interest on State obligations excluded from federal taxable

income or adjusted gross income under IRC section 103

and added back in the computation of base income under

IITA Section 203(a)(2)(A), (b)(2)(A), (c)(2)(A) or

(d)(2)(A) shall be included in the sales factor except in the

case of interest on certain Illinois obligations that is exempt

from Illinois Income Tax. (See 86 Ill. Adm. Code

100.2470(f).)

ii) Gross receipts from intercompany transactions between two

corporate members of a federal consolidated group, the


21



taxable income on which is deferred under 26 CFR 1.1502-

13, shall be included in the sales factor of the recipient

unless subtracted under a provision of IITA Section 203 or

eliminated in combination of the two corporations as

members of a unitary business group.

E) In some cases, certain gross receipts should be disregarded in

determining the sales factor in order that the apportionment

formula will operate fairly to apportion to this State the income of

the person's trade or business. (See 86 Ill. Adm. Code

100.3380(c).)

F) For taxable years ending on or after December 31, 1999, gross

receipts from the licensing, sale, or other disposition of a patent,

copyright, trademark, or similar item of intangible personal

property may be included in the sales factor only if gross receipts

from licenses, sales, or other dispositions of these items comprise

more than 50% of the taxpayer's total gross receipts included in

gross income during the tax year and during each of the 2

immediately preceding tax years; provided that, when a taxpayer is

a member of a unitary business group, the determination shall be

made on the basis of the gross receipts of the entire unitary

business group. (IITA Section 304(a)(3)(B-2)) For purposes of this

Section:

i) "Gross receipts from the licensing, sale, or other disposition

of a patent, copyright, trademark, or similar item of

intangible personal property" includes amounts received as

damages or settlements from claims of infringement.

ii) "Gross receipts from the licensing, sale, or other disposition

of a patent" includes only amounts received from a person

using the patent in the production, fabrication,

manufacturing, or other processing of a product or from a

person producing, fabricating or manufacturing a product

subject to the patent.

iii) "Gross receipts from the licensing, sale, or other disposition

of a copyright" includes only amounts received by the


21



taxpayer from a person engaged in printing or other

publication of the material protected by the copyright,

which are governed by Section 100.3373. The term does

not include gross receipts from broadcasting within the

meaning of IITA Section 304(a)(3)(B-7) or from publishing

or advertising within the meaning of IITA Section

304(a)(3)(C-5)(iv).

iv) If a taxpayer has been in existence less than three taxable

years, its gross receipts from the licensing, sale, or other

disposition of patents, copyrights, trademarks or similar

items of intangible personal property shall be included in

its sales factor if those gross receipts comprise more than

50% of its total gross receipts during each taxable year of

its existence.

v) "Patent" means a patent issued under 35 USC 151.

vi) "Copyright" means a copyright registered or eligible for

registration under 17 USC 408.

vii) "Trademark" means a trademark registered or eligible for

registration under 15 USC 1051.

viii) A "similar item" means an item of intellectual property that

is registered or otherwise enforceable under a law

equivalent to 35 USC 151, 17 USC 408 or 15 USC 1051 or

that is otherwise recognized in the country under whose

law the sale or license agreement would be enforced, or

under which an infringement claim would be brought.

ix) In the case of a unitary business group, the "total gross

receipts and gross receipts from the licensing, sale or other

disposition of a patent, copyright, trademark or similar item

of intangible personal property in the two years

immediately preceding the tax year" includes the gross

receipts and gross receipts from the licensing, sale or other

disposition of a patent, copyright, trademark or similar item

of intangible personal property of all persons who are


21



members of the unitary business group at some time during

the taxable year, whether or not those persons were also

members of the unitary business group in a preceding tax

year, and only of those persons.

3) In filing returns with this State, if the person departs from or modifies the

basis for excluding or including gross receipts in the sales factor used in

returns for prior years, the person shall disclose in the return for the

current year the nature and extent of the modification. If the returns or

reports filed by the person with all states to which the person reports under

Article IV of the Multistate Tax Compact or the Uniform Division of

Income for Tax Purposes Act are not uniform in the inclusion or exclusion

of gross receipts, the person shall disclose in its return to this State the

nature and extent of the variance.

4) For taxable years ending prior to December 31, 2008, sales of electricity

are sales other than sales of tangible personal property sourced under IITA

Section 304(a)(3)(C). For taxable years ending on or after December 31,

2008 and prior to July 16, 2009, sales of electricity are sales of service

sourced under IITA Section 304(a)(3)(C-5)(iv). For taxable years ending

after July 15, 2009, sales of electricity are sales of tangible personal

property sourced under IITA Section 304(a)(3)(B). (See Exelon Corp. v.

Department of Revenue, 234 Ill 2d 266 (2009).)

b) Denominator. The denominator of the sales factor shall include the total gross

receipts derived by the person from transactions and activity in the regular course

of its trade or business, except receipts excluded under 86 Ill. Adm. Code

100.3380(c).

c) Numerator. The numerator of the sales factor shall include the gross receipts

attributable to this State and derived by the person from transactions and activity

in the regular course of its trade or business. All interest income, service charges,

carrying charges, or time-price differential charges incidental to those gross

receipts shall be included regardless of the place where the accounting records are

maintained or the location of the contract or other evidence of indebtedness.

1) Sales of Tangible Personal Property in this State

A) Gross receipts from the sales of tangible personal property (except

sales to the United States Government) (see subsection (c)(2)) are


21



in this State:

i) if the property is delivered or shipped to a purchaser within

this State regardless of the f.o.b. (free on board) point or

other conditions of sale; or

ii) if the property is shipped from an office, store, warehouse,

factory or other place of storage in this State and the

taxpayer is not taxable in the state of the purchaser.

However, premises owned or leased by a person who has

independently contracted with the taxpayer for the printing

of newspapers, periodicals or books shall not be deemed to

be an office, store, warehouse, factory or other place of

storage.

B) Property shall be deemed to be delivered or shipped to a purchaser

within this State if the recipient is located in this State, even

though the property is ordered from outside this State.

EXAMPLE: A corporation, with inventory in State A, sold

$100,000 of its products to a purchaser having branch stores in

several states including this State. The order for the purchase was

placed by the purchaser's central purchasing department located in

State B. $25,000 of the purchase order was shipped directly to

purchaser's branch store in this State. The branch store in this

State is the "purchaser within this State" with respect to $25,000 of

the corporation's sales.

C) Property is delivered or shipped to a purchaser within this State if

the shipment terminates in this State, even though the property is

subsequently transferred by the purchaser to another state.

EXAMPLE: A corporation makes a sale to a purchaser who

maintains a central warehouse in this State at which all

merchandise purchases are received. The purchaser reships the

goods to its branch stores in other states for sale. All of the

corporation's products shipped to the purchaser's warehouse in this

State is property "delivered or shipped to a purchaser within this

State".


21



D) The term "purchaser within this State" shall include the ultimate

recipient of the property if the person in this State, at the

designation of the purchaser, delivers to or has the property

shipped to the ultimate recipient within this State.

EXAMPLE: A corporation in this State sold merchandise to a

purchaser in State A. The corporation directed the manufacturer or

supplier of the merchandise in State B to ship the merchandise to

the purchaser's customer in this State pursuant to purchaser's

instructions. The sale by the corporation is "in this State".

E) When property being shipped by a seller from the state of origin to

a consignee in another state is diverted while en route to a

purchaser in this State, the sales are in this State.

EXAMPLE: Corporation X, a produce grower in State A, begins

shipment of perishable produce to the purchaser's place of business

in State B. While en route the produce is diverted to the

purchaser's place of business in this State in which state

Corporation X is subject to tax. The sale by the corporation is

attributed to this State.

F) If the person is not taxable in the state of the purchaser, the sale is

attributed to this State if the property is shipped from an office,

store, warehouse, factory, or other place of storage in this State

(subject to the exception noted in (c)(1)(A)(ii)).

EXAMPLE: A corporation has its head office and factory in State

A. It maintains a branch office and inventory in this State. The

corporation's only activity in State B is the solicitation of orders by

a resident salesman. All orders by the State B salesman are sent to

the branch office in this State for approval and are filled by

shipment from the inventory in this State. Since the corporation is

immune under Public Law 86-272 from tax in State B, all sales of

merchandise to purchasers in State B are attributed to this State,

the state from which the merchandise was shipped.

2) Sales of tangible personal property to the United States Government in


21



this State. Gross receipts from the sales of tangible personal property to

the United States Government are in this State if the property is shipped

from an office, store, warehouse, factory, or other place of storage in this

State. For the purposes of this regulation, only sales for which the United

States Government makes direct payment to the seller pursuant to the

terms of the contract constitute sales to the United States Government.

Thus, as a general rule, sales by a subcontractor to the prime contractor,

the party to the contract with the United States Government, do not

constitute sales to the United States Government.

EXAMPLE A: A corporation contracts with General Services

Administration to deliver X number of trucks that were paid for by the

United States Government. The sale is a sale to the United States

Government.

EXAMPLE B: A corporation as a subcontractor to a prime contractor

with the National Aeronautics and Space Administration contracts to build

a component of a rocket for $1,000,000. The sale by the subcontractor to

the prime contractor is not a sale to the United States Government.

3) For taxable years ending on or after December 31, 1999, gross receipts

from the licensing, sale, or other disposition of a patent, copyright,

trademark, or similar item of intangible personal property that are not

excluded from the sales factor under subsection (a)(2)(F) are included in

the numerator of the sales factor to the extent the item is utilized in this

State during the year the gross receipts are included in gross income.

(IITA Section 304(a)(3)(B-1)) For purposes of this subsection (c)(3):

A) A patent is utilized in a state to the extent that it is employed in

production, fabrication, manufacturing, or other processing in the

state or to the extent that a patented product is produced in the

state. If a patent is utilized in more than one state, the extent to

which it is utilized in any one state shall be a fraction equal to the

gross receipts of the licensee or purchaser from sales or leases of

items produced, fabricated, manufactured, or processed within that

state using the patent and of patented items produced within that

state, divided by the total of the gross receipts for all states in

which the patent is utilized. (IITA Section 304(a)(3)(B-1)(ii)(I))


21



B) A copyright is utilized in a state to the extent that printing or other

publication originates in the state. Printing or other publication

originates at the place at which the licensee of the copyright

incorporates the copyrighted material into the physical medium by

which it will be delivered to the purchaser of the material or, if the

copyrighted material is delivered to the purchaser without use of a

physical medium, the place at which delivery of the copyrighted

material to the person purchasing the material from the licensee

originates. If a copyright is utilized in more than one state, the

extent to which it is utilized in any one state shall be a fraction

equal to the gross receipts from sales or licenses of materials

printed or published in that state divided by the total of the gross

receipts for all states in which the copyright is utilized. (IITA

Section 304(a)(3)(B-1)(ii)(II))

C) Trademarks and other items of intangible personal property

governed by this subsection (c)(3) are utilized in the state in which

the commercial domicile of the licensee or purchaser is located.

(IITA Section 304(a)(3)(B-1)(ii)(III))

D) If the place of utilization of an item of property under subsection

(c)(3)(A), (B) or (C) cannot be determined from the taxpayer's

books and records or from the books and records of any person

related to the taxpayer within the meaning of IRC section 267(b),

the gross receipts attributable to that item shall be excluded from

both the numerator and the denominator of the sales factor. (IITA

Section 304(a)(3)(B-1)(iii))


from winnings under the Illinois Lottery Law [20 ILCS 1605] and from the

assignment of a prize under Section 13-1 of the Illinois Lottery Law are

received in this State. (IITA Section 304(a)(3)(B-8))


from winnings from pari-mutuel wagering conducted at a wagering

facility licensed under the Illinois Horse Racing Act of 1975 [230 ILCS 5]

or from winnings from gambling games conducted on a riverboat or in a

casino or organization gaming facility licensed under the Illinois

Gambling Act [230 ILCS 10] are in this State. (IITA Section 304(a)(3)(B-


21



9)

6) For taxable years ending prior to December 31, 2008, gross receipts from

transactions not governed by the provisions of subsection (c)(1), (2), (3) or

(4) and, for taxable years ending on or after December 31, 2008, from

transactions involving intangible personal property when the taxpayer is

not a dealer with respect to the intangible personal property, are attributed

to this State if the income producing activity that gave rise to the receipts

is performed wholly within this State. Also, gross receipts are attributed

to this State if, with respect to a particular item of income, the income

producing activity is performed in this State, based on costs of

performance.

A) Income Producing Activity Defined. The term "income producing

activity" applies to each separate item of income and means the

transactions and activity directly engaged in by the person in the

regular course of its trade or business for the ultimate purpose of

obtaining gains or profit. Income producing activity does not

include transactions and activities performed on behalf of a person,

such as those conducted on its behalf by an independent contractor.

The mere holding of intangible personal property is not, of itself,

an income producing activity. Accordingly, the income producing

activity includes but is not limited to the following:

i) The rendering of personal services by employees or the

utilization of tangible and intangible property by the person

in performing a service.

ii) The sale, rental, leasing, licensing or other use of real

property.

iii) The rental, leasing, licensing or other use of tangible

personal property.

iv) The sale, licensing or other use of intangible personal

property.

B) Costs of Performance Defined. The term "costs of performance"

means direct costs determined in a manner consistent with


21



generally accepted accounting principles and in accordance with

accepted conditions or practices in the trade or business of the

person.

C) Application. Receipts sourced under this subsection (c)(65) in

respect to a particular income producing activity are in this State if:

i) the income producing activity is performed wholly within

this State; or

ii) the income producing activity is performed both in and

outside this State and, based on costs of performance, a

greater proportion of the income producing activity is

performed in this State than without this State (for taxable

years ending prior to December 31, 2008) or a greater

proportion of the income-producing activity of the taxpayer

is performed within this State than in any other state (for

taxable years ending on or after December 31, 2008).

D) Special Rules. The following are special rules for determining

when receipts from the income producing activities described in

this subsection (c)(65)(D) are in this State.

i) Gross receipts from the sale, lease, rental or licensing of

real property are in this State if the real property is located

in this State.

ii) Gross receipts from the rental, lease, or licensing of

tangible personal property are in this State if the property

is located in this State. The principal cost of performance

in a rental, leasing or licensing transaction is the

depreciation or amortization of the tangible personal

property, and the depreciation or amortization expense is

incurred in the state in which the tangible personal property

is located. The rental, lease, licensing or other use of

tangible personal property in this State is a separate income

producing activity from the rental, lease, licensing or other

use of the same property while located in another state;

consequently, if property is within and without this State


21



during the rental, lease or licensing period, gross receipts

attributable to this State shall be measured by the ratio

which the time the property was physically present or was

used in this State bears to the total time or use of the

property everywhere during that period.

EXAMPLE: Corporation X is the owner of 10 railroad

cars. During the year, the total of the days each railroad car

was present in this State was 50 days for a total of 500

days. The receipts attributable to the use of each of the

railroad cars in this State are a separate item of income.

Total receipts attributable to this State shall be determined

as follows:

(10 x 50)/3650 x Total Receipts

iii) Gross receipts for the performance of personal services are

attributable to this State to the extent those services are

performed partly within and partly outside this State. The

gross receipts for the performance of those services shall be

attributable to this State only if a greater portion of the

services were performed in this State, based on costs of

performance. When services are performed partly within

and partly outside this State and the services performed in

each state constitute a separate income producing activity,

the gross receipts for the performance of services

attributable to this State shall be measured by the ratio that

the time spent in performing the services in this State bears

to the total time spent in performing the services

everywhere. Time spent in performing services includes

the amount of time expended in the performance of a

contract or other obligation that gives rise to the gross

receipts. Personal service not directly connected with the

performance of the contract or other obligation, as for

example, time expended in negotiating the contract, is

excluded from the computations.

EXAMPLE 1: Corporation X, a road show, gave theatrical

performances at various locations in State X and in this


21



State during the tax period. All gross receipts from

performances given in this State are attributed to this State.

EXAMPLE 2: A public opinion survey corporation

conducted a poll by its employees in State X and in this

State for the sum of $9,000. The project required 600 man

hours to obtain the basic data and prepare the survey report.

Two hundred of the 600 man hours were expended in this

State. The receipts attributable to this State are $3,000,

calculated as follows:

200/600 x $9,000


from transactions not governed by the provisions of subsection (c)(1), (2),

(3), or (4), (5) or (6) are in this State if any of the following criteria are

met:

A) Sales from the sale or lease of real property are in this State if the

property is located in this State. (IITA Section 304(a)(3)(C-5)(i))

B) Sales from the lease or rental of tangible personal property are in

this State if the property is located in this State during the rental

period. Sales from the lease or rental of tangible personal property

that is characteristically moving property, including, but not

limited to, motor vehicles, rolling stock, aircraft, vessels, or mobile

equipment, are in this State to the extent that the property is used

in this State. (IITA Section 304(a)(3)(C-5)(ii))

C) In the case of interest, net gains (but not less than zero) and other

items of income from intangible personal property, the sale is in

this State if:

i) in the case of a taxpayer who:

• is a dealer in the item of intangible personal

property within the meaning of IRC section 475, the

income or gain is received from a customer in this

State. A taxpayer is a dealer with respect to an


21



item of intangible personal property if the taxpayer

is a dealer with respect to the item under IRC

section 475(c)(1), or would be a dealer with respect

to the item under IRC section 475(c)(1) if the item

were a security as defined under IRC section

475(c)(2). For purposes of this subsection

(c)(76)(C)(i), a customer is in this State if the

customer is an individual, trust or estate who is a

resident of this State and, for all other customers, if

the customer's commercial domicile is in this State.

Unless the dealer has actual knowledge of the

residence or commercial domicile of a customer

during a taxable year, the customer shall be deemed

to be a customer in this State if the billing address

of the customer, as shown in the records of the

dealer, is in this State. (IITA Section 304(a)(3)(C-

5)(iii)(a)) A dealer shall treat the person with

whom it engages in a transaction as the customer,

even when that person is acting on behalf of a third

party, unless the dealer has actual knowledge of the

party on whose behalf the person is acting. If a

taxpayer is a dealer with respect to an item of

intangible personal property and recognizes gain or

loss with respect to that item other than in

connection with a transaction with a customer (for

example, unrealized gain or loss from marking the

item to market under IRC section 475), that gain or

loss shall be excluded from the numerator and

denominator of the sales factor; or

• is not a dealer with respect to the item of intangible

personal property, if the income-producing activity

of the taxpayer is performed in this State or, if the

income-producing activity of the taxpayer is

performed both within and without this State, if a

greater proportion of the income-producing activity

of the taxpayer is performed within this State than

in any other state, based on performance costs.


21



(IITA Section 304(a)(3)(C-5)(iii)(b)) (See

subsection (c)(65) of this Section.)

ii) For purposes of this subsection (c)(76)(C), an item of

"intangible personal property" includes only an item that

can ordinarily be resold or otherwise reconveyed by the

person acquiring the item from the taxpayer, and does not

include any obligation of the taxpayer to make any

payment, perform any act, or otherwise provide anything of

value to another person.

EXAMPLE 1: A ticket to attend a sporting event would

not be an item of intangible personal property for the owner

of the stadium who issues the ticket and is obliged to grant

admission to the holder of the ticket. Rather, the sale of the

ticket is a prepayment for a service to be provided.

However, the ticket would be an item of intangible personal

property in the hands of the original purchaser or any

subsequent purchaser of the ticket, and a ticket broker

engaged in the business of buying and reselling tickets

would be a dealer with respect to the ticket.

EXAMPLE 2: A taxpayer selling canned computer

software is selling intangible personal property. (First

National Bank of Springfield v. Dept. of Revenue, 85 Ill.2d

84 (1981)) If the taxpayer sells software to customers in the

ordinary course of its business, it is a dealer with respect to

those sales. In contrast, a taxpayer providing programming

or maintenance services to its customers is selling services

rather than intangible personal property.

EXAMPLE 3: A taxpayer administers a "rewards

program" for a group of unrelated businesses. Under the

program, a customer of one business can earn discounts or

rebates on products and services provided by any of the

businesses. As each customer earns rewards, measured in

"units", from one of the businesses, that business pays a

specified amount per unit to the taxpayer. When a customer

uses units earned in the program to purchase products or


21



services at a discount from a participating business, the

taxpayer pays that business a specified amount per unit

used by the customer. Rebates may be paid to the customer

directly by the taxpayer or by one of the businesses, which

is then reimbursed by the taxpayer. To the extent payments

made to the taxpayer by businesses awarding units exceed

the payments the taxpayer must make for discounts and

rebates, the excess is payment for operating the program.

The units awarded are obligations of the taxpayer to make

payments to the business providing products or services at

a discount or to pay rebates. Accordingly, payments

received by the taxpayer from the participating businesses

for units awarded are not income from sales of intangible

personal property by the taxpayer.

D) Sales of services are in this State if the services are received in this

State. (IITA Section 304(a)(3)(C-5)(iv))

i) General Rule. Gross receipts from services are assigned to

the numerator of the sales factor to the extent that the

receipts may be attributed to services received in Illinois.

ii) A contract that involves the provision of a service by the

taxpayer and the use of property of the taxpayer by the

service recipient shall be treated as a sale of service unless

the contract is properly treated as a lease of property under

IRC section 7701(e)(1), taking into account all relevant

factors, including whether:

• the service recipient is in physical possession of the

property;

• the service recipient controls the property;

• the service recipient has a significant economic or

possessory interest in the property;

• the service provider does not bear any risk of

substantially diminished receipts or substantially


21



increased expenditures if there is nonperformance

under the contract;

• the service provider does not use the property

concurrently to provide significant services to

entities unrelated to the service recipient; and

• the total contract price does not substantially exceed

the rental value of the property for the contract

period.

EXAMPLE: A taxpayer selling access to an online

database or applications software, and who is required to

perform regular update services to the database or software,

retains control over the contents of the database or

software, and provides access to the same database or

software to multiple customers is not selling or licensing an

item of intangible personal property to its customers, but

rather is providing a service.

iii) Services received in this State include, but are not limited

to:

• When the subject matter of the service is an item of

tangible personal property, the service is received in

this State if possession of the property is restored to

the recipient of the service under the principles in

subsection (c)(1) for determining whether a sale of

that property is in this State.

EXAMPLE 1: A customer returns a computer to

the manufacturer for repair. The manufacturer

performs the repairs in Indiana and ships the

computer to the customer's Illinois address. The

service is received in this State.

EXAMPLE 2: Individual purchases clothing from

Merchant at a store in this State, using a credit card

issued by Bank A pursuant to a licensing agreement


21



with Credit Card Company. Credit Card Company

is not a financial organization required to apportion

its business income under Section 100.3405. Bank

A remits the purchase price to Credit Card

Company, which deposits the purchase price with

Merchant's bank, minus a fee or discount. All fees

and discounts earned by Credit Card Company in

connection with this purchase are for services

received in this State.

• When the subject matter of the service is an item of

real property, the service is received in the state in

which the real property is located.

EXAMPLE 3: Individual purchases a parcel of land

in Illinois and constructs a house on the parcel.

Services performed at an architect's office in

Wisconsin regarding the design and construction of

the house are received in this State.

• When the service is performed on or with respect to

the person of an individual (for example, medical

treatment services), the service is received in the

state in which the individual is located at the time

the service is performed.

• Services performed by a taxpayer that are directly

connected to or in support of services received in

this State are also services received in this State.

EXAMPLE 4: Individual purchases automobile

repair services from Automobile Dealership at its

facility located in this State, using a credit card

issued by Bank A pursuant to a licensing agreement

with Credit Card Company. Bank A remits the

purchase price to Credit Card Company, which

deposits the purchase price with Automobile

Dealership's bank, minus a fee or discount. All fees

and discounts earned by Credit Card Company in


21



connection with this purchase are for services

received in this State.

EXAMPLE 5: Services performed by an

investment fund on behalf of an investor are

received in this State if the investor resides in this

State (in the case of an individual) or has its

ordering or billing address in this State (for other

investors). In the case of services provided by

Taxpayer to or on behalf of the investment fund that

are directly connected with services provided

separately to the investors, such as preparation of

communications and statements to investors, and

allocations of earnings and distributions to

investors, the service is also received in this State to

the extent the investors reside (or have their

ordering or billing address) in this State.

Accordingly, receipts of Taxpayer for these services

are allocated to this State on the basis of the ratio

of: the average of the outstanding shares in the fund

owned by shareholders, partners or other investors

residing (or having their ordering or billing address)

within this State at the beginning and end of each

taxable year of the taxpayer; and the average of the

total number of outstanding shares in the fund at the

beginning and end of each year. Residence or

ordering or billing address of the shareholder,

partner or other investor is determined by the

mailing address in the records of the investment

fund or the taxpayer. Services provided to an

investment fund that are not directly connected to or

in support of services provided separately to

investors, such as brokerage services or investment

advising, are not received by the customer at the

location of its investors.

iv) Special Rules


21



• Under IITA Section 304(a)(3)(C-5)(iv), if the state

where the services are received is not readily

determinable, the services shall be deemed to be

received at the location of the office of the customer

from which the services were ordered in the regular

course of the customer's trade or business, or, if the

ordering office cannot be determined, at the office

of the customer to which the services are billed. If

the service is provided to an individual who

provides a residential address as the place from

which the services are ordered or to which the

services are billed, rather than an office address, the

residential address shall be used. For purposes of

this provision, the state where services are received

is not readily determinable if the facts necessary to

make the determination are not contained in the

books and records of the taxpayer or any person

related to the taxpayer within the meaning of IRC

section 267(b) or if the available facts would allow

reasonable persons to reach different determinations

of the state in which the services were received.

• Under IITA Section 304(a)(3)(C-5)(iv), if the

services are provided to a corporation, partnership,

or trust and the services are received in a state in

which the corporation, partnership, or trust does

not maintain a fixed place of business (as defined in

Section 100.3405(b)(1)), the services shall be

deemed to be received at the location of the office of

the customer from which the services were ordered

in the regular course of the customer's trade or

business, or, if the ordering office cannot be

determined, at the office of the customer to which

the services are billed. For purposes of this

provision, in the case of services performed by the

taxpayer as a subcontractor or as an agent acting on

behalf of a principal, if either the contractor or

principal has a fixed place of business in the state in

which the services are received or the customer of


21



the contractor or principal either is an individual or

has a fixed place of business in the state in which

the services are received, the service shall be treated

as received in a state in which the customer of the

taxpayer has a fixed place of business.

• Under IITA Section 304(a)(3)(C-5)(iv), if the

taxpayer is not taxable in the state in which the

services are received or deemed to be received, the

gross receipts attributed to those services must be

excluded from both the numerator and denominator

of the sales factor. (See Section 100.3200 for

guidance on determining when a taxpayer is taxable

in another state.)


SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING

Section 100.7030 Payments to Residents (IITA Section 701)

a) In Generalgeneral

1) Any payment to an Illinois resident as an employee or otherwise by any

payer maintaining an office or transacting business in this Statestate shall

be subject to withholding of Illinois income tax if thosesuch payments are

subject to withholding of federal income tax. Any payer maintaining an

office or transacting business in this Statestate making thesesuch payments

shall be considered an "employer" for purposes of IITA Article 7 and

these regulations and, accordingly, will be subject to the same rules and

procedures governing employers withholding tax on compensation paid in

Illinois. For example, thesesuch payers will be required to register as

withholding agents, and shall be subject to the reporting (and payment)

requirements of IITA Sections 703 and 704. Also, thesesuch payers will

be subject to the penalties prescribed in Article 10 of the Act.

2) Payments to an Illinois resident by a payer transacting business or

maintaining an office in Illinois on which federal withholding is required

shall be considered "compensation paid in Illinois" for purposes of IITA


21



Article 7 and this Partthe regulations thereunder. Illinois residents

receiving thesesuch payments shall be considered "employees" for

purposes of IITA Article 7 and this Partthe regulations thereunder. Thus,

for example, the computation of the amount of tax to be deducted and

withheld shall be made pursuant to Section 100.7050 and the payee shall

be entitled to a withholding exemption pursuant to Section 100.7100 of

this Part.

3) Withholding shall be required on the first payment on which withholding

of federal income tax is required and shall continue to be required in

respect of all thesesuch payments until withholding of federal income tax

on thesuch payments terminates pursuant to the Internal Revenue Code

and the regulations thereunder.

b) Payments Subjectsubject to Federal Withholdingfederal withholding

1)Withholding of Illinois income tax is required on all payments to Illinois

residents on which withholding of tax is required under the Internal Revenue

Code. This applies not only to compensation but to any other type of payment on

which federal withholding of income tax is required. Withholding shall be

considered required under the Internal Revenue Code if the payee is authorized

either by the Internal Revenue Code or the regulations thereunder to request

withholding of federal income tax on a particular type of payment and the payee

and payer have entered into an agreement for such withholding. No authorization

from the payee for Illinois withholding is necessary in this situation; the

requirement of federal withholding even though voluntarily elected shall

automatically impose Illinois withholding.

2) Income tax withholding requirements on certain gambling winnings

A) General requirements. Under IITA Section 701(b) a payer of

gambling winnings maintaining an office or transacting business in

Illinois must withhold Illinois income tax from such winnings if

the winnings are paid to an Illinois resident or to someone

receiving them on behalf of an Illinois resident and if the winnings

are subject to Federal income tax withholding.

B) Residents defined. The following are Illinois residents:

i) an individual who is in Illinois for other than a temporary


21



or transitory purpose during the taxable year; or who is

domiciled in Illinois but is absent from Illinois for a

temporary or transitory purpose during the taxable year;

ii) the estate of a decedent who at his death was domiciled in

Illinois;

iii) a trust created by a will of a decedent who at his death was

domiciled in Illinois; and

iv) an irrevocable trust, the grantor of which was domiciled in

Illinois at the time such trust became irrevocable (but not

including "grantor trusts" under 26 USC 671 through 678).

C) Gambling winnings from which withholding is required. Illinois

income tax withholding is required if the gambling winnings are

paid to a resident of Illinois and are subject to federal income tax

withholding requirements. For more specific information, and

precise details regarding actual federal withholding requirements,

see 26 USC 3402(q) and the instructions for U.S. Form 5754

available from the Internal Revenue Service.

D) Determination of winner's status as an Illinois resident – Form IL-

5754. At the time the winnings are paid, Form IL-5754, Statement

by Person(s) Receiving Gambling Winnings, must be completed.

The person (or persons) receiving the winnings must identify

himself and any other winners by indicating name, address, state of

residence, taxpayer identifying number and amount won. If the

person receiving the winnings is unable to properly identify any of

the winners, or the state of residence of any such other winner, the

amount of the winnings applicable to such other person shall be

considered as having been won by the person (or persons) properly

identified. Form IL-5754 must be signed, under penalties of

perjury, by the person (or persons) receiving the winnings. A copy

of Form IL-5754 must be retained by the payer; it need not be

submitted to the Department.

E) Withholding from residents. If any of the persons listed on Form

IL-5754 has Illinois as his state of residence and Federal income


21



tax withholding is required, the payer must withhold Illinois

income tax at the rate of 3% from each such person's winnings

except to the extent that any such person claims an exemption on

Form IL-W-4G submitted to the payer prior to the payment. The

payer must prepare a Form IL-W-2G for every winner from whose

gambling winnings Illinois income tax is withheld and the

completed Form IL-W-2G may be presented to the winner either at

the time of payment of the winnings or at any time up to and

including January 31 of the year following the year of payment.

Regarding the exemption certificates (Forms IL-W-4G), one copy

should be retained by the winner and two copies should be

submitted to the payer, the payer then forwarding one copy to the

Department of Revenue on or before the 15th day of the following

month.

F) Filing and remittance obligations of the payers. Payers withholding

Illinois income tax on gambling winnings are required to file

returns and information statements and make remittances in

accordance with the schedule established by IITA Section 704 (see

Section 5 of the Illinois Withholding Guide – Form IL-700).

Payment due dates will reflect the total amounts withheld under

IITA Sections 701, 708, 709 and 710. For example, if, during a

quarter-monthly period, an employer withholds $400 from

employee's wages, $400 from gambling winnings paid to residents,

and $400 from certain payments made pursuant to a personal

services contract under IITA Section 708, he must remit $1,200 to

the Illinois Department of Revenue by the third banking day

following the close of that quarter-monthly period.

c) Exceptions

1) Withholding will not be required under this Sectionsection on any

payment to the extent thesuch payment is not includable in the recipient's

base income. Thus, if a payment consists partially of a return of capital,

only that part of the payment thatwhich is not a return of capital and,

hence, is income, would be subject to withholding. Also annuity payments

from qualified employee benefit plans, which are not includable in Illinois

base income under IITA Section 203(a)(2)(E), would not be subject to

withholding under this Sectionsection notwithstanding an agreement


21



between the payor and the payee for the withholding of federal income tax

on thosesuch payments. Similarly, if a payment consists of an amount

thatwhich is exempt from taxation by this State either by reason of its

Constitution or by reason of the Constitution, treaties or statutes of the

United States (i.e., interest on obligations of the United States), thesuch

payment would not be subject to withholding under this Sectionsection.

2) Withholding will not be required on any payment under this

Sectionsection, except "compensation paid in Illinois", as defined in

Section 100.7010(a), of this Part to the extent that the payment is

subjected to withholding by another state. A signed declaration by the

payee to the effect that another state is withholding income tax on a

payment shall relieve the payer of the requirement to withhold Illinois tax

on thesuch payment.


Section 100.7036 Withholding of Lottery and Gambling Winnings (IITA Section 710)

a) In General

1) Any person making a payment to a resident or nonresident of winnings

under the Illinois Lottery Law and not required to withhold Illinois income

tax from the payment under IITA Section 701(b) because those winnings

are not subject to federal income tax withholding must withhold Illinois

income tax from that payment at a rate equal to the percentage tax rate for

individuals provided in IITA Section 201(b), provided that withhold is not

required if the payment of winnings is less than $1,000. (IITA Section

710(a)(1))

2) In the case of an assignment of a lottery prize under Section 13.1 of the

Illinois Lottery Law [20 ILCS 1605], any person making a payment of the

purchase price after December 31, 2013 shall withhold from the amount

of each payment at a rate equal to the percentage tax rate for individuals

provided in IITA Section 201(b). (IITA Section 710(a)(2))

3) Any person making a payment after December 31, 2019 to a resident or

nonresident of winnings from pari-mutual wagering conducted at a

wagering facility licensed under the Illinois Horse Racing Act of 1975


21



[230 ILCS 5] or from gambling games conducted on a riverboat or in a

casino or organization gaming facility licensed under the Illinois

Gambling Act [230 ILCS 10] must withhold Illinois income tax from the

payment at a rate equal to the percentage tax rate for individuals provided

in IITA Section 201(b), provided that the person making the payment is

required to withhold under 26 USC 3402(q). (IITA Section 710(a)(3))

For more specific information, and precise details regarding actual federal

withholding requirements, see 26 USC 3402(q) and the instructions for

U.S. Form 5754 available from the Internal Revenue Service.

(Source: Added at 45 Ill. Reg. 2006, effective January 29, 2021)


21

OFFICE OF THE STATE TREASURER


1) Heading of the Part: College Savings Pool



2500.10 Amendment

2500.20 Amendment

2500.30 Amendment

2500.40 Amendment

2500.50 Amendment

2500.60 Amendment

2500.70 Amendment

2500.80 Amendment

2500.90 Amendment

2500.100 Amendment

2500.110 Amendment

2500.120 Repealed

2500.130 Repealed

4) Statutory Authority: Implementing and authorized by Section 16.5 of the State Treasurer

Act [15 ILCS 505].



7) Does this rulemaking contain incorporations by reference? Yes, see the definitions of

"Code" and "Eligible Educational Institutions" in Section 20.

8) A copy of the adopted rules is on file in the State Treasurer's office at 219 State House,

Springfield, IL 62706 and is available for public inspection.


10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Difference between Proposal and Final Version: None


21




agreements issued by JCAR? No changes were suggested.



15) Summary and Purpose of Rulemaking: This rulemaking updates the existing rule to

make it consistent with PA 100-905 and 101-26. The changes will provide clarification as

to how the Pool is administered in accordance with the amended state statute as well as

federal statutes and guidelines provided by federal regulatory agencies.


Joanna Coll

Assistant General Counsel

Illinois State Treasurer

1 East Old State Capitol Plaza


217/782-9722

[email protected]

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


21




CHAPTER XVI: TREASURER

PART 2500

COLLEGE SAVINGS POOL

Section

2500.10 Purpose

2500.20 Definition of Terms

2500.30 Application ProcessParticipation Requirements

2500.40 Program AdministrationDeposits at Participating Financial Institutions

2500.50 Investment Policy

2500.60 ContributionsRecord Keeping

2500.70 DistributionsWithdrawals

2500.80 Administrative Fees, Costs, and Expenses

2500.90 Account Limits

2500.100 Debt

2500.110 Program Documents

2500.120 Private Contractors (Repealed)

2500.130 Amendment of Rules (Repealed)

AUTHORITY: Implementing and authorized by Section 16.5 of the State Treasurer Act [15

ILCS 505].

SOURCE: Adopted by emergency rule at 24 Ill. Reg. 6118, effective March 24, 2000, for a

maximum of 150 days; emergency expired August 20, 2000; adopted at 24 Ill. Reg. 14441,

effective September 12, 2000; emergency amendment at 25 Ill. Reg. 13323, effective October 3,

2001, for a maximum of 150 days; amended at 26 Ill. Reg. 3747, effective February 20, 2002;

emergency amendment at 29 Ill. Reg. 19308, effective November 14, 2005, for a maximum of

150 days; emergency expired April 12, 2006; amended at 41 Ill. Reg. 13368, effective October

20, 2017; amended at 45 Ill. Reg. 2052, effective January 29, 2021.

Section 2500.10 Purpose

The Treasurer mayshall establish and administer the Poolpool as a qualified State tuition

program under section 529 of the Code, thus providing participants with the federal tax benefits

provided in section 529 of the Code. The Poolpool shall be structured to enable account

ownersparticipants to own an interest in a pool of assets, which may include, but need not be

limited to, equities, bonds, money market instruments, financial institution deposits, or


21



investment funds consisting primarily of those assets. The Treasurer, in a manner that is in

compliance with federal and State securities laws, mayshall issue interests in the Poolpool. The

Treasurer may receive,shall hold, and invest moneys paid into the assets of the Poolpool in trust

for the benefit of the account ownersparticipants and designated beneficiaries. In order to

qualify the Poolpool as a qualified state tuition program under section 529 of the Code and to so

hold the assets of the Poolpool in trust, the Treasurer may create a trust by declaration of trust.

The trust shall be an instrumentality of the State of Illinois.


Section 2500.20 Definition of Terms

The following definitions shall apply to this Part:

"Act": Section 16.5 of the State Treasurer Act [15 ILCS 505/16.5] that

establishes the College Savings Pool.

"Account": An individual investment account established and maintained in the

College Savings Pool.

"Account Owner": Any person or entity who has opened an account or to whom

ownership of an account has been transferred, as allowed by the Code, and who

has authority to withdraw funds, direct withdrawal of funds, change the

designated beneficiary, or otherwise exercise control over an account in the

College Savings Pool.

"Administrative Fees, Costs, and Expenses": Any fees, costs, andAll expenses,

including investment fees and expenses, to cover the costs of administration,

recordkeeping, and investment management, and payments to third parties, related

to the Pool.associated with the implementation, administration and marketing of

the pool, including fees payable to third parties providing services related to the

implementation, administration and marketing of the pool. Investment expenses,

such as the internal fees and expenses of an investment fund in which assets of the

pool are invested and other similar expenses, shall not be considered

administrative expenses.

"Account": An individual investment account established and maintained in the

pool.


21



"Applicant": Any person who has applied or who is in the process of applying to

open an account in the Poolpool.

"Code": The Internal Revenue Code of 1986, as amended (26 USC 1 et seq.).

"College Savings Pool" or "Pool": The College Savings Pool authorized to be

established by the Treasurer under the Act and operated in accordance with

section 529 of the Code, which may consist of one or more programs.

"College Savings ProgramPlan" or "Program": An Illinois qualified tuition

program established under the PoolAct and operated in accordance with section

529 of the Code.

"Contributions": Contributions made to an account by a donor.

"Deposits": The deposits to be made by the Treasurer, on behalf of and for the

benefit of the account owners, with financial institutions accepting deposits as

required by the Act.

"Designated Beneficiary": Any individual designated as the beneficiary of an

account in the Pool by an account owner. A designated beneficiary must have a

valid social security number or taxpayer identification number. In the case of an

account established as part of a scholarship program permitted under section 529

of the Code, the designated beneficiary is any individual receiving benefits

accumulated in the account as a scholarship."Designated Beneficiary": The

designated individual whose qualified expenses are expected to be paid from an

account. A designated beneficiary may be the individual designated on the

application, a new beneficiary in the case of a change of beneficiaries, or an

individual as part of a scholarship program operated by a State or local

government (or their agency or instrumentality) or an organization described in

section 501(c)(3) of the Code.

"Donor": Any person or entity who makes a contribution to an account in the

Pool.

"Earnings": The aggregate total of all dividends and interest income received by

the College Savings Pool. The aggregate total of dividends and interest income

shall be reduced by the aggregate total of administrative fees, costs, and expenses

paid out of the Pool prior to calculating earnings. Earnings shall be determined


21



without regard to realized or unrealized capital gains and losses incurred by the

Pool.The aggregate total of all dividends, interest income, and realized and

unrealized capital gains and losses received or accrued by the College Savings

Pool, reduced by the aggregate total of investment and administrative expenses

paid out of the pool.

"Eligible Educational Institutions": Public and private colleges, community

colleges, graduate schools, and certain vocational institutions that are described

in section 20 USC 1001 (Higher Education Resource and Student Assistance) and

that are eligible to participate in U.S. Department of Education student aid

programs.

"Institutions of Higher Education": Educational institutions that are described in

section 481 of the Higher Education Act of 1965 (20 USC 1088), as in effect on

August 5, 1997, and are eligible to participate in a program under Title IV of that

Act. The term may include, but is not limited to, community colleges, public and

private four-year colleges, universities, graduate and post-graduate programs, and

certain proprietary and vocational schools as allowed by section 481.

"Investment Options": TheRefers to the underlying funds and investment

portfolios available to account ownersparticipants within a program.

"Investment Policy Statement": The Investment Policy Statement adopted by the

Treasurer pursuant to the Act, which establishes the College Savings Pool and

sets forth the policies, objectives, and guidelines that govern the investment of

moneysdeposits in the programs.

"Investment Selection": Refers to the process of choosing the underlying

investment funds, as well as the investment portfolios, by participants.

"Participant": An owner of an account on behalf of a designated beneficiary.

"Participating Financial Institution": Any financial institution insured by the

Federal Deposit Insurance Corporation or the National Credit Union

Administration and lawfully doing business in the State of Illinois, and any credit

union lawfully doing business in the State of Illinois that has executed a

participation agreement with the Treasurer or his or her agent, for the purposes of

promoting a college savings program in the Pool.


21



"Pool": The College Savings Pool authorized to be established under the Act.

"Prevailing Interest Rate": The interest rate offered by a participating financial

institution to an ordinary customer seeking to deposit a given amount of money at

the institution. The prevailing interest rate may be lower than the rate that is

offered to certain preferred customers.

"Program Disclosure Statement": The offering document distributed to applicants

and account owners describing the programdescribing the College Savings Plans

for distribution to participants in connection with their opening of an account and

entering into a participation agreement and to others having an interest in the

College Savings Plans. The Program Disclosure Statementprogram disclosure

statement shall include, without limitation and unless contained in the application

for enrollmentparticipation agreement, the information required by the Act and

otherwise required under applicable federal and Illinois laws.

"Program Manager": Any financial institution or entity lawfully doing business in

the State of Illinois selected by the Treasurer to oversee the recordkeeping,

custody, customer service, investment management, and marketing for one or

more of the programs in the College Savings Pool.

"Qualified Expenses":

Tuition, fees, and the costs of books, supplies, and equipment required for

enrollment or attendance at an eligible educational institution;

Expenses for special needs services, in the case of a special needs

beneficiary, that are incurred in connection with the enrollment or

attendance;

Certain expenses for the purchase of computer or peripheral equipment,

as defined in section 168 of the Code, computer software, as defined in

section 197 of the Code, or Internet access and related services, if the

equipment, software, or services are to be used primarily by the

beneficiary during any of the years the beneficiary is enrolled at an

eligible educational institution, except that, these expenses shall not

include expenses for computer software designed for sports, games, or

hobbies, unless the software is predominantly educational in nature; and


21



Room and board expenses incurred while attending an eligible

educational institution at least half-time. A student shall be considered to

be enrolled at least half-time if the student is enrolled for at least half the

full-time academic workload for the course of study the student is

pursuing, as determined under the standards of the institution at which the

student is enrolled. [15 ILCS 505/16.5]"Qualified Expenses": Those

expenses treated as "qualified higher education expenses" under section

529 of the Code, including: tuition, fees, computers and related equipment

and services, books, supplies, special needs services in the case of a

special needs beneficiary, equipment and costs for room and board

(subject to certain limits as specified under the Code).

"Third-party Service Provider" means a subcontractor of the Program Manager

for the exclusive purpose of distributing the Bright Directions advisor-sold plan.

"Treasurer": The duly elected Treasurer of the State of Illinois or his or her

designee or designees, which may include one or more third party service

providers.


Section 2500.30 Application ProcessParticipation Requirements

a) The Treasurer may permit persons, including trustees of trusts and custodians

under a Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account,

and certain legal entities to be account owners, including as part of a scholarship

program, provided that:

1) An individual, trustee or custodian must have a valid social security

number or taxpayer identification number, be at least 18 years of age, and

have a valid United States street address; and

2) A legal entity must have a valid taxpayer identification number and a valid

United States street address. [15 ILCS 505/16.5(d)]Participants on behalf

of designated beneficiaries shall make contributions to the pool. Any

person residing in the United States at the time the account is processed

may be a participant. Any person may be a designated beneficiary.

Contributions may be made only in cash and not in property. Cash

contributions may be made by check, money order, electronic transfer, or


21



similar methods allowed by the Code. Cash contributions may not be

made by credit card.

b) Applications mayNew accounts in the pool shall be processed through a program

managerparticipating financial institutions. Completed applications must be

submitted as specified in the application form and the program disclosure

statement.

c) The Treasurer shall create applications for participation in the Poolpool to be

completed by the applicant and the participating financial institution. The

applicant and the participating financial institution shall be responsible for

providing all of the information requested by the Treasurer. The application shall

include, but is not limited to, the following informationrequire the applicant to

provide the following information:

1) The applicant's nameName, physical address, date of birth, Social Security

number or TaxpayerIndividual Tax Identification Numbernumber, and

signature of applicant;

2) The designated beneficiary's nameName, physical address, date of birth,

and Social Security number or Individual Taxpayer Tax Identification

Numbernumber of the designated beneficiary;

3) Investment selection;

4) Funding method; and

5) Additional information that may be beneficial to the administration of the

program, or that is required by federal regulations and/or guidance.

d) The Treasurer shall keep all information received from applicants and account

owners confidential and may only share the information as required by law or as

necessarywith third parties to the extent required to operate the College Savings

Poolpool.

e) When an application is submitted through a financial advisor, the financial

advisorParticipating financial institutions shall be required to provide information

regarding the participating financial advisorinstitution on the application to enable

the Treasurer to open an account for the applicant and verify that the account was


21



processed through a participating financial institution. Applications that have the

relevant section completed by the participating financial institution shall be

deemed to be processed through the participating financial institution. Completed

applications must be submitted as specified in the application form and the

program disclosure statement.

fd) Applications may include an initial contribution to the Poolpool in any amount in

a manner set forth in Section 2500.60subsection (a). No minimum contribution

shall be required to open an account. Applications that are incomplete and

applications that fail to meet the guidelines established by the Treasurer or set by

the Code mayin an effort to comply with section 529 of the Code shall be

rejected.

e) Subsequent contributions to the pool may be in any amountand may be made by

the participant directly to the pool. Subsequent contributions may be made by a

method set forth in subsection (a).


Section 2500.40 Program AdministrationDeposits at Participating Financial Institutions

a) The Treasurer is the trustee and administrator of the College Savings Pool. The

Treasurer's duties include, but are not limited to:

1) Providing administrative support to the Pool;

2) Developing and implementing investment policies for the Pool; and

3) Appointing program managers and vendors to provide management,

oversight and other tasks necessary to administer the Pool.The Treasurer,

in accordance with the State Treasurer Act [15 ILCS 505], shall make a

percentage of each account processed by a participating financial

institution available for investments as deposits in participating financial

institutions. Unless a participating financial institution elects not to accept

the deposits or is prohibited by law from accepting the deposits, the

Treasurer will make deposits in participating financial institution in an

amount that is at least as great as the percentages provided in the Act,

provided that the deposit is federally insured or collateralized with United

States Treasury obligations having maturities of 10 years or less, the


21



principal and interest on which are guaranteed as to the timely payment by

the United States, in an amount equal to 105% of the amount of deposit to

be collateralized. The required percentage of each account to be invested

in these deposits shall be invested in all participating financial institutions

accepting deposits.

b) Accounts in the Pool may be processed through a program manager or its

approved designees. The program manager is responsible for the day-to-day

oversight and management of the programs in the Pool. The program manager's

duties include, but are not limited to, oversight of the recordkeeping, custody,

customer service, investment management, and marketing for one or more of the

programs in the Pool.The Treasurer shall make all deposits required by the Act at

least annually. A participating financial institution that elects to accept deposits

shall be entitled to receive the deposits related to the accounts processed through

the participating financial institution as long as the accounts exist, unless the

institution is prohibited by law from accepting the deposits. A participating

financial institution may choose to revoke its election to accept deposits for

existing accounts or may assign its right to those deposits to another participating

financial institution that accepts these deposits. If a participating financial

institution revokes its election to accept deposits for existing accounts, the

Treasurer shall invest the deposits to which the participating financial institution

would otherwise be entitled in one or more participating financial institutions

selected by the Treasurer. The Treasurer shall seek to place the deposits at a

participating financial institution whose main address is in close geographic

proximity to the participating financial institution that has revoked its election to

accept those deposits. The Treasurer shall, until each annual adjustment date,

invest in deposits at financial institutions selected by the Treasurer. The

Treasurer may aggregate multiple deposits to a participating financial institution.

c) The program manager shall maintain records as required by law and in

accordance with the Treasurer's records retention policies. The records maintained

by the program manager shall include records that enable the production of a

report for each account in the Pool. A separate accounting shall be provided to the

account owner, and, if applicable, to the financial advisor, at least annually and

shall show the account balance, the investment in the account, the investment

earnings, and the distributions from the account.Participating financial institutions

shall offer to the College Savings Pool their full range of deposit products at

prevailing interest rates. Participating financial institutions shall make time

deposits available to the pool at prevailing interest rates for certificates of deposit


21



whether or not the amounts of the deposits meet the minimum investment amount

required to purchase certificates of deposit. The Treasurer may require that, when

a time deposit is redeemed in part prior to maturity, the participating financial

institution will apply any penalty only to the redeemed portion and not to the non-

redeemed portion of the time deposit. The Treasurer may require participating

financial institutions to provide written confirmation that the rates offered to the

pool are prevailing interest rates.

d) The deposits in participating financial institutions shall be pooled.

e) To the extent that a deposit is not insured by the Federal Deposit Insurance

Corporation or the National Credit Union Administration, the Treasurer shall

require that the deposit is fully collateralized.


Section 2500.50 Investment Policy

a) The Treasurer shall select the investment options to be offered by the Poolpool to

the account ownersparticipants. The Treasurer shall develop, publish, and

implement an investment policy covering the investment of the moneys in each of

the programs in the Pool. The policy shall be published each year as part of the

audit of the College Savings Pool by the Auditor General. The policy shall be

distributed to all account owners in each program. The Treasurer shall notify all

account owners in the program in writing, and the Treasurer shall publish, in a

newspaper of general circulation in both Chicago and Springfield, any changes to

the previously published investment policy at least 30 calendar days before

implementing the policy. [15 ILCS 505/16.5(g)]The Treasurer shall, by the

commencement date of the pool and each year thereafter, develop, publish and

implement an investment policy covering the investment of monies in the pool.

The policy may be amended at any time and shall be published and distributed to

participants 30 days prior to implementing the policy in accordance with the Act.

The investment policy shall govern the investment of accounts, including the

investment options available to participants.

b) The investment policy is a written statement describing the risk management and

oversight program and should be designed to:


21



1) ensure that an effective risk management process is in place to monitor the

risk levels of the Poolpool;

2) ensure that risks taken are prudent, properly managed, and adequately

compensated compared to applicable performance benchmarks and

standards;

3) describe the Treasurer's investment objectives; and

4) describe the process of evaluating performance of employees and

contractors that provide investment management services to the Poolpool.

c) The Treasurer shall utilizeabide by the following investment principles when

constructing, evaluating, and selecting the investment framework, investment

options, andselecting investment funds for the Pooloptions for college savings

accounts:

1) Low Cost – The Treasurer must use his or her best efforts to keep fees as

low as possible and consistent with the administration of high quality

competitive college savings programs. [15 ILCS 505/16.5(e)]The pool's

investment options shall be constructed and administered in a manner that

is designed to minimize investment fees to designated beneficiaries.

2) Open Architecture – The Pool'spool's investment framework shall utilize

an open architecture plan design, meaning it shallwill not be required to

selectuse proprietary investment funds or investment options. The open

architecture design shall allow the Treasurer to select the underlying

investment options and investment funds. The open architecture design is

intended toshall also provide the Treasurertreasurer with:

A) Accessaccess to best in class portfolio managers;

B) Thethe ability to use nonproprietary products;

C) Increasedincreased flexibility when choosing underlying

investment strategies; and

D) Thethe ability to minimize account ownerobtain the lowest

participant fees onfor underlying investment funds and accounts.


21



3) Various Investment Options – The Pool'spool's investment options may

include, but are not limited to:

A) Dynamic, dynamic age-based portfolio;s,

B) Staticstatic portfolios with varying target allocations (i.e.,

aggressive, moderate or conservative risk profiles);, and

C) Individualindividual fund portfolios., that

4) The portfolios listed in subsection (c)(3) may include some or all of the

following asset categories:

A) Short-term investments (i.e., money market funds);

B) Fixed income investments;

C) Real estate investments;

D) Domestic equity investments; and

E) International equity investments.

d) No participant or designated beneficiary may, directly or indirectly, cause the

investment of any contributions to an account or any earnings on an account to be

made to any investment option other than one currently offered to the participants.

The investment selection may be changed by the participant, provided it is in

accordance with section 529 of the Code.


Section 2500.60 ContributionsRecord Keeping

a) Contributions may be made only in cash. Cash contributions may be made by

check, money order, electronic transfer, payroll contribution, wire transfer, or

similar methods allowed by the Code.


21



b) The Pool shall have no requirement on minimum contributions, and donors may

make contributions at any time. Contributions shall not be allowed once a

designated beneficiary has reached the account balance limit determined in

accordance with Section 2500.90.

c) Contributions may be made by the account owner or any other person. No person

other than the account owner may direct the investment and distribution of

contributions to an account (or earnings thereon).

d) An account owner may, directly or indirectly, direct the investment of any

contributions to the Pool (or any earnings thereon), only as provided in section

529(b)(4) of the Code. Donors and designated beneficiaries, in those capacities,

may not, directly or indirectly, direct the investment of any contributions to the

Pool (or any earnings thereon).The Treasurer shall maintain records that enable

the Treasurer to produce a report for each account in the pool, at least annually,

that documents the account balance and investment earnings. There shall be a

separate accounting for each account and contributions to each account and any

earnings attributable to the account must be allocated to the appropriate account.

The Treasurer shall provide, or cause to be provided, to each participant and to the

participating financial institution at which the account was processed, at least

annually, an account statement showing the total account balance, the investment

in the account, and earnings and distributions from the account.


Section 2500.70 DistributionsWithdrawals

a) Distributions made from an account in the Pool may be made directly to the

eligible educational institution, directly to a vendor, in the form of a check

payable to both the designated beneficiary and the institution or vendor, directly

to the designated beneficiary or account owner, or in any other manner that is

permissible under section 529 of the Code. [15 ILCS 505/16.5(i)]There shall be

no penalty assessed for withdrawals for qualified expenses, withdrawals for

expenses other than qualified expenses upon the death or disability of the

designated beneficiary in accordance with the provisions of section 529 of the

Code, withdrawals for the attendance by the beneficiary at a U.S. military

academy, withdrawals included in income only because the qualified education

expenses were taken into account in determining the applicable credit allowed

under section 529(c)(3)(v) of the Code, or for withdrawals for expenses other than


21



qualified expenses if the designated beneficiary receives a scholarship (or

allowance or payment described in section 135(d)(1)(b) or (c) of the Code) that

equals or exceeds the distribution. In addition, no penalty shall be assessed on a

transfer from an account of a designated beneficiary to an account of another

designated beneficiary who is a member of the family of the preceding designated

beneficiary. Also, no penalty shall be assessed on a distribution from an account

of a designated beneficiary that is deposited within 60 days after the distribution

into the original account or an account of another designated beneficiary that is a

member of the family of the preceding designated beneficiary. "Member of

family" is defined in section 529(e) of the Code.

b) Funds contained in an account in the Pool may be rolled over into other eligible

Illinois programs, including an eligible ABLE account (see 15 ILCS 505/16.6), to

the extent permitted by section 529 of the Code.The Treasurer shall implement

practices and procedures to identify whether a distribution is a qualified

withdrawal under section 529 of the Code and notify appropriate State and federal

agencies if the distribution is non-qualified. These practices and procedures shall

meet the safe harbor requirements under section 529 of the Code and the

regulations promulgated under that statute.

c) The Treasurer shall comply with all reporting requirements regarding

distributions under section 529 of the Code.


Section 2500.80 Administrative Fees, Costs, and Expenses

a) Administrative fees, costs, and expenses shall be paid from the Pool's assets to

cover the costs of administration, recordkeeping, and investment management,

and payments to third parties. The administrative fees, costs, and expenses shall

be imposed on accounts.Administrative expenses shall be paid from earnings and

shall be allocated among the pool's underlying investment portfolios in an

equitable manner determined by the Treasurer. Investment earnings in excess of

the administrative expenses of the pool, after the payment of expenses, shall be

credited or paid monthly to participants in the pool in a manner that equitably

reflects the differing amounts of their respective investments in the pool and the

differing periods of time for which those amounts were in the custody of the pool,

and shall be allocated among the pool's underlying investment portfolios in a

manner equitably determined by the Treasurer.


21



b) The Treasurer must use his or her best efforts to keep these fees as low as possible

and consistent with administration of high quality competitive college savings

programs. [15 ILCS 505/16.5(e)]In the event that the Treasurer is obligated to

pay administrative expenses of the pool, but the pool has insufficient earnings to

make that payment, the obligation to pay the administrative expenses may accrue,

but the Treasurer shall not pay the administrative expenses until the pool has

sufficient earnings to support the payment.

c) Administrative fees, costs, and expenses shall include sufficient reserve funds in

line with industry standards for government operated funds.

d) The Treasurer may permit a third-party service provider to provide compensation

to participating financial institutions or other financial services providers that

promote the Poolpool to their customers, provided that the cost of the

compensation is not passed on to account ownersparticipants without their

consent.


Section 2500.90 Account Limits

a) The Treasurer shall limit the contributions that may be made to the Pool on behalf

of a designated beneficiary to prevent contributions in excess of those necessary

to provide for the qualified expenses of the designated beneficiary.As provided in

subsection (b), the Treasurer shall limit the contributions that may be made on

behalf of a designated beneficiary. The account balance limit will be reflected on

the Treasurer's website or in another form that provides adequate notice to

account owners. The account balance limit shall be the same for all accounts of

designated beneficiaries with the same expected year of enrollment and may be

the same forall accounts in the pool. No donorparticipant may make a

contribution to an account for a designated beneficiary if that contribution would

cause the aggregate balance of all accounts for the designated beneficiary in State

of Illinois section 529 programs to exceed the account balance limit established

by the Treasurer. For purposes of the account balance limit, the aggregate

balance shall be comprised of all accounts under all section 529 of the Code

qualified tuition programs in the State of Illinois for a particular designated

beneficiary. An account may only exceed the account balance limit in the event

that investment earnings or interest accrue after the last permitted contribution.


21



The Treasurer may, from time to time, adjust the account balancecontribution

limit annually and will provide reasonable notice to the account owners in

advance of any adjustment.

b) Account Balance Limit Calculation

When adjusting the account balance limit, the Treasurer will consider the

following:

1) EstimatesWhen adjusting the account balance limit, the Treasurer will use

estimates of tuition, fees, books, supplies, equipment, and room and board

as set forth in the cost of attendance for an undergraduate, graduate and

professional degree from at least 12 eligible educational institutions,

including at least two public and two private eligible educational

institutions of higher education reasonably believed to havebe the highest

cost qualified expenses in:

A) Illinois;

B) the Midwest; and

C) nationally.

2) The guidance available from the United States Treasury and the Internal

Revenue Service on how an account balance limit may be determined to

provide adequate safeguards to prevent contributions on behalf of a

designated beneficiary in excess of those necessary to provide for the

qualified expenses of the designated beneficiary.Thus, the Treasurer will

utilize the estimated costs from no less than 12 institutions of higher

education.


Section 2500.100 Debt

a) The Poolpool may not incur any indebtedness. The interests of the account

ownersparticipants and the designated beneficiaries shall not be treated as

indebtedness under this Section.

b) No interest in the Pool, or any portion of the Pool, may be used as security for a


21



loan.


Section 2500.110 Program Documents

In order to establish and administer the Poolpool, the Treasurer may enter into all necessary

agreements, documents and instruments with terms and provisions that shall not be inconsistent

with the Act, section 529 of the Code and anythe regulations promulgated under the Code, or this

Part.


Section 2500.120 Private Contractors (Repealed)

The Treasurer may select one or more entities to assist the Treasurer in managing the pool.

However, the Treasurer shall set all terms and conditions of the pool. The Treasurer shall be

responsible for selecting, supervising, monitoring, auditing and terminating any private

contractor that provides services under the pool. The Treasurer shall hold any such private

contractors to the same standards and requirements that apply when private contractors handle

funds that belong to the State.

(Source: Repealed at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.130 Amendment of Rules (Repealed)

Notice of any proposed amendments to the rules and regulations shall be provided to all

participants prior to adoption. Amendments to rules and regulations shall apply only to

contributions made after the adoption of the amendment. [15 ILCS 505/16.5]

(Source: Repealed at 45 Ill. Reg. 2052, effective January 29, 2021)


21

DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Illinois Pesticide Act


3) Section Number: Emergency Action:

250.230 New Section

4) Statutory Authority: Implementing and authorized by the Illinois Pesticide Act [415

ILCS 60].

5) Effective Date of Emergency Rule: February 5, 2021

6) If this emergency rule is to expire before the end of the 150-day period, please specify the

date on which it is to expire: This rulemaking will not expire prior to the 150 day period.

7) Date Filed with the Index Department: February 5, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file


9) Reason for Emergency: In October 2020, USEPA announced that it had renewed the

Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA") registrations for three

dicamba pesticides for growing seasons 2021–2025. Contrary to prior practice, USEPA

further declared that the only way for states to add additional safety restrictions is through

Section 24(a) of FIFRA, which allows a state to make changes through its rulemaking.

These additional restrictions are necessary to protect the public interest, safety, and

welfare. Over the past 2 years, the Department has received over 800 complaints from the

public indicating potential damage to their property from Dicamba misuse. Since

applicators may begin applying pesticides containing Dicamba as early as March, this

emergency situation requires adoption of these rules upon fewer days than is required by

Section 5-40 of the Illinois Administrative Procedure Act. It is essential to the public's

general health and welfare that pesticides be regulated to prevent adverse effects on man

and his environment.

10) A Complete Description of the Subjects and Issues Involved: The emergency rulemaking

allows the Department to impose additional safety restrictions for applications of

pesticides containing Dicamba.


21



11) Are there any rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: This emergency rule does not create or enlarge

any State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

John Teefey

General Counsel

Illinois Department of Agriculture

State Fairgrounds, P. O. Box 19281


217/782-9013

fax: 217/785-4505

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


21



TITLE 8: AGRICULTURE AND ANIMALS

CHAPTER I: DEPARTMENT OF AGRICULTURE

SUBCHAPTER i: PESTICIDE CONTROL

PART 250

ILLINOIS PESTICIDE ACT

Section

250.10 Definitions

250.20 Registration of Pesticide Dealers Selling Restricted Use Pesticides or Certain

Non-Restricted Use Pesticides

250.30 Registration of Pesticides

250.40 Registration of Experimental Use Pesticides

250.50 Registration of Special Local Need Pesticides

250.60 Emergency Exemption Registration

250.70 Method of Becoming Certified Applicators

250.80 Private Pesticide Applicators: Certification, Licensing, Testing and Training

250.90 Commercial Applicator, Commercial Not For Hire Applicator and Public

Applicator: Certification, Testing and Licensing

250.100 Licensed Operator (Commercial Operator, Commercial Not For Hire Operator

and Public Operator): Testing and Licensing

250.110 General Competency Standards to be Covered on the Tests

250.120 Technical Category Areas of Pesticide Use

250.130 Surety Bond or Liability Insurance

250.140 Interagency Committee on Pesticides

250.150 Record Keeping

250.160 Permits

250.170 Administrative Hearing

250.180 Administrative Penalties

250.190 Formulation Violations of Label Claim

250.200 Reporting of Pesticide Incidents or Misuse Complaints

250.210 Special Application of Solid Mosquito Larvicides

250.220 Special Application of Herbicides to Control Invasive Plants on Public Lands

250.230 Use of Pesticides Containing Dicamba on Soybeans

EMERGENCY

AUTHORITY: Implementing and authorized by the Illinois Pesticide Act [415 ILCS 60].


21



SOURCE: Adopted at 5 Ill. Reg. 732, effective January 6, 1981; codified at 5 Ill. Reg. 10527;


January 5, 1984; amended at 8 Ill. Reg. 16407, effective August 29, 1984; amended at 10 Ill.

Reg. 7663, effective April 28, 1986; amended at 12 Ill. Reg. 12784, effective July 26, 1988;

amended at 24 Ill. Reg. 7191, effective April 27, 2000; emergency amendment at 26 Ill. Reg.

13093, effective August 14, 2002, for a maximum of 150 days; emergency amendment expired

January 10, 2003; amended at 27 Ill. Reg. 5715, effective March 18, 2003; amended at 30 Ill.

Reg. 12756, effective July 14, 2006; amended at 35 Ill. Reg. 351, effective January 1, 2011;

emergency amendment at 43 Ill. Reg. 4340, effective March 22, 2019, for a maximum of 150

days; amended at 43 Ill. Reg. 7402, effective June 21, 2019; emergency amendment at 45 Ill.

Reg. 2071, effective February 5, 2021, for a maximum of 150 days.

Section 250.230 Use of Pesticides Containing Dicamba on Soybeans

EMERGENCY

In addition to the requirements of the federally-approved labels, all use on soybeans of pesticides

containing dicamba shall comply with the following requirements:

a) Temperature Restriction

A pesticide containing dicamba shall not be applied on soybeans if the air

temperature at the field at the time of application is over 85 degrees Fahrenheit or

if the National Weather Service's forecasted high temperature for the nearest

available location for the day of application exceeds 85 degrees Fahrenheit. Local

National Weather Service forecasts are available at https://www.weather.gov.

b) Cut-off Date Restriction

Application on soybeans of a pesticide containing dicamba shall not be made after

June 20 of each year.

c) Before applying a pesticide containing dicamba on soybeans, the applicator shall

consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and

comply with all associated recordkeeping and label requirements.

d) Application on soybeans of a pesticide containing dicamba shall not be made if

the wind is blowing toward:

1) Any Illinois Nature Preserves Commission site that is adjacent to the field

of application; or


21



2) An adjacent residential area.

e) Any violation of the requirements of this Section shall be considered a use

contrary to label directions (precautionary statements, sites, rates, restricted use

requirements) and shall be assessed the associated point value of 3 (see Section

24.1(4)(E)(1) of the Illinois Pesticide Act [415 ILCS 60]) for purposes of

determining the appropriate administrative action or penalty authorized by

Section 24.1 of the Act.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 2071, effective February 5,

2021, for a maximum of 150 days)


21

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Assisted Living and Shared Housing Establishment Code



295.4046 Amendment

4) Statutory Authority: Assisted Living and Shared Housing Act [210 ILCS 9]



date on which it is to expire: This emergency amendment will expire at the end of the

150-day period or upon repeal of the emergency rule.

7) Date Filed with the Index Department: January 27, 2021



9) Reason for Emergency: This emergency amendment is adopted in response to Governor

JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID-

19.

Section 5-45 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45] defines

"emergency" as "the existence of any situation that any agency finds reasonably

constitutes a threat to the public interest, safety, or welfare." The COVID-19 outbreak in

Illinois is a significant public health crisis that warrants these emergency rules.

10) A Complete Description of the Subjects and Issues Involved: This emergency

amendment to the emergency rule adopted at 45 Ill. Reg. 384 updates the deadlines for

frontline clinical and management staff to complete the targeted COVID-19 training. The

emergency amendment requires 50% of the frontline and management staff at shared

housing and assisted living facilities to complete the training by February 28, 2021, and

100% to complete the training by March 31, 2021. The deadline for training all new

frontline and management staff hired after January 31, 2021, remains the same.



21



12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a

State mandate.


Elizabeth Paton

Acting Rules Coordinator

Division of Legal Services

Illinois Department of Public Health

535 W. Jefferson St., 5th floor


217/782-2043

[email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:


21



TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 295

ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE

SUBPART A: GENERAL PROVISIONS

Section

295.100 Purpose of the Act and this Part (Repealed)

295.200 Definitions

295.300 Incorporated and Referenced Materials

EMERGENCY

295.400 License Requirement

295.500 Application for License

295.600 Issuance of an Initial Regular License

295.700 Issuance of a Renewal License

295.800 Probationary License

295.900 Denial of a License

295.1000 Revocation, Suspension, or Refusal to Renew a License

295.1010 Transfer of Ownership

295.1020 Information to Be Made Available to the Resident by the Licensee

295.1030 Information to Be Made Available to the Public by the Department

295.1040 Technical Infractions

295.1050 Violations

295.1060 Remedies and Sanctions

295.1070 Annual On-Site Review and Complaint Investigation Procedures

295.1080 Waivers

295.1090 Complaints

295.1100 Alzheimer's Disease and Related Dementias Special Care Disclosure

295.1110 Floating Licenses

SUBPART B: POLICIES

Section

295.2000 Residency Requirements

295.2010 Termination of Residency

295.2020 Notice of Closure


21



295.2030 Establishment Contracts

295.2040 Disaster Preparedness

295.2050 Incident and Accident Reporting

295.2060 Quality Improvement Program

295.2070 Negotiated Risk Agreement

SUBPART C: PERSONNEL

Section

295.3000 Personnel Requirements, Qualifications and Training

295.3010 Manager's Qualifications

295.3020 Employee Orientation and Ongoing Training

295.3030 Initial Health Evaluation for Direct Care and Food Service Employees

295.3040 Health Care Worker Background Check

SUBPART D: RESIDENT CARE AND SERVICES

Section

295.4000 Physician's Assessment

295.4010 Service Plan

295.4020 Mandatory Services

295.4030 Special Safety and Service Needs of Individuals Who Are Quadriplegic or

Paraplegic, or Who Have Neuro-Muscular Diseases

295.4040 Communicable Disease Policies

295.4045 Infection Control

EMERGENCY

295.4046 COVID-19 Training Requirements

EMERGENCY

295.4050 Tuberculin Skin Test Procedures

295.4060 Alzheimer's and Dementia Programs

SUBPART E: MEDICATIONS

Section

295.5000 Medication Reminders, Supervision of Self-Medication, Medication

Administration and Storage

SUBPART F: RESIDENT RIGHTS


21



Section

295.6000 Resident Rights

295.6010 Abuse, Neglect, and Financial Exploitation Prevention and Reporting

295.6030 Resident's Representative

SUBPART G: RESIDENT AND ESTABLISHMENT RECORDS

Section

295.7000 Resident Records

295.7010 Establishment Records

SUBPART H: FOOD SERVICE

Section

295.8000 Food Service

SUBPART I: PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS

Section

295.9000 Physical Plant

295.9005 Units

295.9010 Supplemental Physical Plant Requirements for Assisted Living Establishments

295.9020 Supplemental Physical Plant Requirements for Shared Housing Establishments

295.9030 Furnishings

295.9040 Environmental Requirements

295.APPENDIX A Physician's Assessment Form

295.TABLE A Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the Assisted Living and Shared Housing Act

[210 ILCS 9].

SOURCE: Adopted at 25 Ill. Reg. 14401, effective December 1, 2001; emergency amendment

at 27 Ill. Reg. 6378, effective April 1, 2003, for a maximum of 150 days; emergency expired

August 28, 2003; amended at 27 Ill. Reg. 18087, effective November 12, 2003; amended at 28

Ill. Reg. 14593, effective October 21, 2004; amended at 32 Ill. Reg. 7968, effective May 12,


effective July 31, 2015; emergency amendment at 44 Ill. Reg. 8515, effective May 5, 2020, for a

maximum of 150 days; emergency rule repealed at 44 Ill. Reg. 16258, effective September 15,


21



2020; emergency amendment at 44 Ill. Reg. 18960, effective November 19, 2020, for a

maximum of 150 days; emergency amendment at 45 Ill. Reg. 384, effective December 18, 2020,


effective January 27, 2021, for the remainder of the 150 days.

SUBPART D: RESIDENT CARE AND SERVICES

Section 295.4046 COVID-19 Training Requirements

EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the

meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for

Frontline Nursing Home Staff and Management, available at

https://QSEP.cms.gov.

2) "Frontline clinical staff" means the medical director of the establishment,

establishment treating physicians, registered nurses, licensed practical

nurses, certified nurse assistants, psychiatric service rehabilitation aides,

rehabilitation therapy aides, psychiatric services rehabilitation

coordinators, assistant directors of nursing, directors of nursing, social

service directors, and any licensed physical, occupational or speech

therapists. Any consultants, contractors, volunteers, students in any

training programs, and caregivers who provide, engage in, or administer

direct care and services to residents on behalf of the establishment are also

considered frontline clinical staff.

3) "Management staff" means any establishment staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and

care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;


21



E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel;

or

G) Participate in the screening of prospective residents and resident

placement.

b) Required Frontline Clinical Staff Training

1) All frontline staff employed by establishments shall complete the

following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Establishments shall ensure at least 50% of frontline clinical staff have

completed the CMMS Training by February 28January 31, 2021.

3) Establishments shall ensure 100% of the frontline clinical staff have

completed the CMMS Training by March 31February 28, 2021.

4) Establishments shall require, within 14 days after hiring, CMMS Training

for all frontline clinical staff hired after January 31, 2021.

c) Required Management Staff Training

1) All management staff employed by establishments shall complete the

following portions of CMMS Training:



21





D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Establishments shall ensure at least 50% of management staff have


3) Establishments shall ensure 100% of management staff have completed

the CMMS Training by March 31February 28, 2021.

4) Establishments shall require, within 14 days after hiring, CMMS Training

for all management staff hired after January 31, 2021.

d) By February 28January 31, 2021, all establishments shall certify compliance, in

the form and format specified by the Department, with subsections (b)(2) and

(c)(2).

e) By March 31February 28, 2021, all establishments shall certify compliance, in the

form and format specified by the Department, with subsections (b)(3) and (c)(3).

(Source: Added by emergency rulemaking at 45 Ill. Reg. 384, effective December 18,

2020, for a maximum of 150 days; amended by emergency amendment to emergency rule

at 45 Ill. Reg. 2076, effective January 27, 2021, for the remainder of the 150 days)


21



1) Heading of the Part: Sheltered Care Facilities Code



330.800 Amendment

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]










19.








emergency amendment requires 50% of the frontline and management staff at sheltered

care facilities to complete the training by February 28, 2021, and 100% to complete the

training by March 31, 2021. The deadline for training all new frontline and management

staff hired after January 31, 2021, remains the same.



21




State mandate.


Elizabeth Paton






217/782-2043

[email protected]



21






PART 330

SHELTERED CARE FACILITIES CODE


Section

330.110 General Requirements


330.130 Licensee

330.140 Issuance of an Initial License For a New Facility

330.150 Issuance of an Initial License Due to a Change of Ownership


330.163 Alzheimer's Special Care Disclosure

330.165 Criteria for Adverse Licensure Actions

330.170 Denial of Initial License

330.175 Denial of Renewal of License

330.180 Revocation of License

330.190 Experimental Program Conflicting With Requirements

330.200 Inspections, Surveys, Evaluations and Consultation

330.210 Filing an Annual Attested Financial Statement

330.220 Information to be Made Available to the Public By the Department

330.230 Information to be Made Available to the Public By the Licensee

330.240 Municipal Licensing

330.250 Ownership Disclosure

330.260 Issuance of Conditional Licenses

330.270 Monitoring and Receivership

330.271 Presentation of Findings

330.272 Determination to Issue a Notice of Violation or Administrative Warning

330.274 Determination of the Level of a Violation

330.276 Notice of Violation

330.277 Administrative Warning

330.278 Plans of Correction

330.280 Reports of Correction

330.282 Conditions for Assessment of Penalties

330.284 Calculation of Penalties (Repealed)


21



330.286 Notice of Penalty Assessment; Response by Facility

330.287 Consideration of Factors for Assessing Penalties

330.288 Reduction or Waiver of Penalties

330.290 Quarterly List of Violators (Repealed)

330.300 Alcoholism Treatment Programs In Long-Term Care Facilities

330.310 Department May Survey Facilities Formerly Licensed

330.315 Supported Congregate Living Arrangement Demonstration

330.320 Waivers

330.330 Definitions


EMERGENCY

SUBPART B: ADMINISTRATION

Section

330.510 Administrator

SUBPART C: POLICIES

Section

330.710 Resident Care Policies

330.715 Request for Resident Criminal History Record Information

330.720 Admission and Discharge Policies

330.724 Criminal History Background Checks for Persons Who Were Residents on May

10, 2006 (Repealed)

330.725 Identified Offenders

330.726 Discharge Planning for Identified Offenders

330.727 Transfer of an Identified Offender

330.730 Contract Between Resident and Facility

330.740 Residents' Advisory Council

330.750 General Policies

330.760 Personnel Policies

330.761 Whistleblower Protection

330.765 Initial Health Evaluation for Employees


330.780 Incidents and Accidents

330.785 Contacting Local Law Enforcement


EMERGENCY


21



330.795 Language Assistance Services


EMERGENCY

SUBPART D: PERSONNEL

Section

330.910 Personnel


330.913 Nursing and Personal Care Assistants (Repealed)

330.916 Student Interns (Repealed)

330.920 Consultation Services


SUBPART E: HEALTH SERVICES AND MEDICAL CARE OF RESIDENTS

Section

330.1110 Medical Care Policies

330.1120 Personal Care

330.1125 Life Sustaining Treatments



330.1140 Care and Treatment of Sexual Assault Survivors

330.1145 Restraints

330.1150 Emergency Use of Physical Restraints

330.1155 Unnecessary, Psychotropic, and Antipsychotic Drugs

330.1160 Vaccinations

SUBPART F: RESTORATIVE SERVICES

Section

330.1310 Activity Program

330.1320 Work Programs

330.1330 Written Policies for Restorative Services

330.1340 Volunteer Program

SUBPART G: MEDICATIONS

Section


21



330.1510 Medication Policies

330.1520 Administration of Medication

330.1530 Labeling and Storage of Medications

SUBPART H: RESIDENT AND FACILITY RECORDS

Section

330.1710 Resident Record Requirements

330.1720 Content of Medical Records

330.1730 Records Pertaining to Residents' Property

330.1740 Retention and Transfer of Resident Records

330.1750 Other Resident Record Requirements

330.1760 Retention of Facility Records

330.1770 Other Facility Record Requirements

SUBPART I: FOOD SERVICE

Section

330.1910 Director of Food Services

330.1920 Dietary Staff in Addition to Director of Food Services

330.1930 Hygiene of Dietary Staff

330.1940 Diet Orders

330.1950 Meal Planning

330.1960 Therapeutic Diets (Repealed)

330.1970 Scheduling of Meals

330.1980 Menus and Food Records

330.1990 Food Preparation and Service

330.2000 Food Handling Sanitation

330.2010 Kitchen Equipment, Utensils, and Supplies

SUBPART J: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section

330.2210 Maintenance

330.2220 Housekeeping

330.2230 Laundry Services

SUBPART K: FURNISHINGS, EQUIPMENT, AND SUPPLIES


21



Section


330.2420 Equipment and Supplies

SUBPART L: WATER SUPPLY AND SEWAGE DISPOSAL

Section

330.2610 Codes

330.2620 Water Supply

330.2630 Sewage Disposal

330.2640 Plumbing

SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR

NEW SHELTERED CARE FACILITIES

Section

330.2810 Applicable Requirements (Repealed)

330.2820 Applicability of These Standards

330.2830 Submission of a Program Narrative

330.2840 New Constructions, Additions, Conversions, and Alterations

330.2850 Preparation and Submission of Drawings and Specifications

330.2860 First Stage Drawings

330.2870 Second Stage Drawings

330.2880 Architectural Drawings

330.2890 Structural Drawings

330.3000 Mechanical Drawings

330.3010 Electrical Drawings

330.3020 Additions to Existing Structures

330.3030 Specifications

330.3040 Building Codes

330.3050 Site

330.3060 General Building Requirements


330.3080 Corridors

330.3090 Bath and Toilet Rooms

330.3100 Living, Dining, Activity Rooms

330.3110 Bedrooms

330.3120 Special Care Room

330.3130 Kitchen


21



330.3140 Laundry

330.3150 Housekeeping, Service, and Storage

330.3160 Plumbing

330.3170 Heating and Cooling

330.3180 Electrical

SUBPART N: FIRE PROTECTION STANDARDS FOR

NEW SHELTERED CARE FACILITIES

Section

330.3310 Applicable Requirements (Repealed)


330.3330 Fire Protection

330.3340 Fire Department Service and Water Supply


330.3360 Exit Facilities and Subdivision of Floor Areas

330.3370 Stairways, Vertical Openings, and Doorways

330.3380 Corridors

330.3390 Exit Lights and Directional Signs

330.3400 Hazardous Areas and Combustible Storage

330.3410 Fire Alarm and Detection System

330.3420 Fire Extinguishers, Electric Wiring, and Miscellaneous

330.3430 Use of Fire Extinguishers, Evacuation Plan, and Fire Drills

SUBPART O: DESIGN AND CONSTRUCTION STANDARDS FOR

EXISTING SHELTERED CARE FACILITIES

Section

330.3610 Site



330.3640 Corridors


330.3660 Living, Dining, and Activity Rooms

330.3670 Bedrooms


330.3690 Kitchen

330.3700 Laundry Room

330.3710 Housekeeping and Service Rooms and Storage Space


21



330.3720 Plumbing and Heating

330.3730 Electrical

SUBPART P: FIRE PROTECTION STANDARDS FOR

EXISTING SHELTERED CARE FACILITIES

Section


330.3920 Fire Department Service and Water Supply

330.3930 Occupancy and Fire Areas


330.3950 Stairways, Vertical Openings, and Doorways

330.3960 Exit and Fire Escape Lights and Directional Signs



330.3990 Fire Extinguishers, Electric Wiring, and Miscellaneous

330.4000 Use of Fire Extinguishers, Evacuation Plan, and Fire Drills

SUBPART Q: RESIDENT'S RIGHTS

Section

330.4210 General

330.4220 Medical Care

330.4230 Restraints (Repealed)

330.4240 Abuse and Neglect

330.4250 Communication and Visitation

330.4260 Resident's Funds


330.4280 Contract With Facility

330.4290 Private Right of Action

330.4300 Transfer or Discharge

330.4310 Complaint Procedures

330.4320 Confidentiality

330.4330 Facility Implementation

SUBPART R: DAY CARE PROGRAMS

Section

330.4510 Day Care in Long-Term Care Facilities


21



330.APPENDIX A Interpretation, Components, and Illustrative Services for Sheltered Care

Facilities (Repealed)

330.APPENDIX B Classification of Distinct Part of a Facility For Different Levels of Service

(Repealed)

330.APPENDIX C Forms for Day Care in Long-Term Care Facilities

330.APPENDIX D Criteria for Activity Directors Who Need Only Minimal Consultation

(Repealed)

330.APPENDIX E Guidelines for the Use of Various Drugs


AUTHORITY: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45].

SOURCE: Emergency rules adopted at 4 Ill. Reg. 10, p. 807, effective March 1, 1980, for a

maximum of 150 days; adopted at 4 Ill. Reg. 30, p. 933, effective July 28, 1980; amended at 6

Ill. Reg. 5981, effective May 3, 1982; amended at 6 Ill. Reg. 8198, effective June 29, 1982;

amended at 6 Ill. Reg. 14547, effective November 8, 1982; amended at 6 Ill. Reg. 14681,

effective November 15, 1982; amended at 7 Ill. Reg. 1963, effective January 28, 1983; amended

at 7 Ill. Reg. 6973, effective May 17, 1983; amended at 7 Ill. Reg. 15825, effective November

15, 1983; amended at 8 Ill. Reg. 15596, effective August 15, 1984; amended at 8 Ill. Reg. 15941,

effective August 17, 1984; codified at 8 Ill. Reg. 19790; amended at 8 Ill. Reg. 24241, effective

November 28, 1984; amended at 8 Ill. Reg. 24696, effective December 7, 1984; amended at 9 Ill.

Reg. 2952, effective February 25, 1985; amended at 9 Ill. Reg. 10974, effective July 1, 1985;


December 24, 1987; amended at 12 Ill. Reg. 16870, effective October 1, 1988; emergency

amendment at 12 Ill. Reg. 18939, effective October 24, 1988, for a maximum of 150 days;

emergency expired March 23, 1989; amended at 13 Ill. Reg. 6562, effective April 17, 1989;

amended at 13 Ill. Reg. 19580, effective December 1, 1989; amended at 14 Ill. Reg. 14928,

effective October 1, 1990; amended at 15 Ill. Reg. 516, effective January 1, 1991; amended at 16

Ill. Reg. 651, effective January 1, 1992; amended at 16 Ill. Reg. 14370, effective September 3,

1992; emergency amendment at 17 Ill. Reg. 2405, effective February 3, 1993, for a maximum of

150 days; emergency expired on July 3, 1993; emergency amendment at 17 Ill. Reg. 8000,

effective May 6, 1993, for a maximum of 150 days; emergency expired on October 3, 1993;


effective January 1, 1994; amended at 17 Ill. Reg. 19258, effective October 26, 1993; amended

at 17 Ill. Reg. 19576, effective November 4, 1993; amended at 17 Ill. Reg. 21044, effective


Reg. 15851, effective October 15, 1994; amended at 19 Ill. Reg. 11567, effective July 29, 1995;



21



days; emergency expired on May 29, 1996; amended at 20 Ill. Reg. 10125, effective July 15,


4078, effective February 13, 1998; amended at 22 Ill. Reg. 7203, effective April 15, 1998;


effective January 15, 1999; amended at 23 Ill. Reg. 8064, effective July 15, 1999; amended at 24

Ill. Reg. 17304, effective November 1, 2000; amended at 25 Ill. Reg. 4901, effective April 1,


effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2202, effective February 1, 2003,

for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at 27 Ill.

Reg. 5473, effective March 25, 2003, for a maximum of 150 days; emergency expired August

21, 2003; amended at 27 Ill. Reg. 5886, effective April 1, 2003; emergency amendment at 27 Ill.

Reg. 14218, effective August 15, 2003, for a maximum of 150 days; emergency expired January

11, 2004; amended at 27 Ill. Reg. 15880, effective September 25, 2003; amended at 27 Ill. Reg.

18130, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3541, effective

November 15, 2003; amended at 28 Ill. Reg. 11195, effective July 22, 2004; emergency

amendment at 29 Ill. Reg. 11879, effective July 12, 2005, for a maximum of 150 days;

emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15156, effective

September 23, 2005, for the remainder of the maximum 150 days; emergency amendment

expired December 8, 2005; amended at 29 Ill. Reg. 12891, effective August 2, 2005; amended at

30 Ill. Reg. 1439, effective January 23, 2006; amended at 30 Ill. Reg. 5260, effective March 2,


effective June 6, 2007; amended at 33 Ill. Reg. 9371, effective June 17, 2009; amended at 34 Ill.

Reg. 19199, effective November 23, 2010; amended at 35 Ill. Reg. 3415, effective February 14,


effective February 4, 2013; amended at 37 Ill. Reg. 4970, effective March 29, 2013; amended at

39 Ill. Reg. 5470, effective March 25, 2015; amended at 41 Ill. Reg. 14826, effective November

15, 2017; amended at 43 Ill. Reg. 3551, effective February 28, 2019; emergency amendment at

44 Ill. Reg. 8536, effective May 5, 2020, for a maximum of 150 days; emergency repeal of

emergency rule at 44 Ill. Reg. 16279, effective September 15, 2020; emergency amendment at 44

Ill. Reg. 18972, effective November 19, 2020, for a maximum of 150 days; emergency


emergency amendment to emergency rule at 45 Ill. Reg. 2084, effective January 27, 2021, for the

remainder of the 150 days.

SUBPART C: POLICIES


EMERGENCY


21








2) "Frontline clinical staff" means the medical director of the facility, facility

treating physicians, registered nurses, licensed practical nurses, certified

nurse assistants, psychiatric service rehabilitation aides, rehabilitation

therapy aides, psychiatric services rehabilitation coordinators, assistant

directors of nursing, directors of nursing, social service directors, and any

licensed physical, occupational or speech therapists. Any consultants,

contractors, volunteers, students in any training programs, and caregivers

who provide, engage in, or administer direct care and services to residents

on behalf of the facility are also considered frontline clinical staff.

3) "Management staff" means any facility staff who:



care planning;





or


placement.



21



1) All frontline staff employed by facilities shall complete the following

portions of CMMS Training:






2) Facilities shall ensure at least 50% of frontline clinical staff have


3) Facilities shall ensure 100% of the frontline clinical staff have completed


4) Facilities shall require, within 14 days after hiring, CMMS Training for all

frontline clinical staff hired after January 31, 2021.


1) All management staff employed by facilities shall complete the following









21







2) Facilities shall ensure at least 50% of management staff have completed

the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the

CMMS Training by March 31February 28, 2021.


management staff hired after January 31, 2021.

d) By February 28January 31, 2021, all facilities shall certify compliance, in the


e) By March 31February 28, 2021, all facilities shall certify compliance, in the form

and format specified by the Department, with subsections (b)(3) and (c)(3).





21



1) Heading of the Part: Illinois Veterans' Homes Code



340.1390 Amendment

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]








9) Reason for Emergency: This emergency rule is adopted in response to Governor JB

Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID-19.








emergency amendment requires 50% of the frontline and management staff at veterans'

homes to complete the training by February 28, 2021, and 100% to complete the training

by March 31, 2021. The deadline for training all new frontline and management staff

hired after January 31, 2021, remains the same.



21




State mandate.


Elizabeth Paton






217/782-2043

[email protected]



21






PART 340

ILLINOIS VETERANS' HOMES CODE


Section

340.1000 Definitions


EMERGENCY


340.1115 Federal Veterans' Regulations





340.1150 Revocation or Denial of Renewal of License

340.1160 Inspections, Surveys, Evaluations, and Consultations

340.1170 Presentation of Findings by the Department


340.1200 Monitor and Receivership

340.1210 Determination of a Violation



340.1230 Plans of Correction and Reports of Correction





340.1260 Waivers

SUBPART B: POLICIES AND FACILITY RECORDS

Section

340.1300 Facility Policies

340.1305 Request for Resident Criminal History Record Information


21



340.1310 Admission, Retention and Discharge Policies


10, 2006 (Repealed)







EMERGENCY

340.1340 Facility Record Requirements


340.1351 Whistleblower Protection



340.1375 Personnel Requirements

340.1376 Registry of Certified Nursing Assistants


340.1378 Resident Attendants



EMERGENCY

SUBPART C: RESIDENT RIGHTS

Section

340.1400 Implementation of Resident Rights and Facility Responsibilities

340.1410 General









SUBPART D: HEALTH SERVICES


21



Section


340.1505 Medical, Nursing and Restorative Services



340.1530 Physician Services

340.1535 Dental Programs

340.1540 Life-Sustaining Treatments

340.1550 Obstetrical and Gynecological Care

340.1560 Nursing Personnel

340.1570 Personal Care


340.1580 Restraints

340.1590 Nonemergency Use of Physical Restraints



340.1620 Medication Administration (Repealed)

340.1630 Self-Administration of Medication (Renumbered)



SUBPART E: MEDICATIONS

Section

340.1650 Medication Policies and Procedures

340.1655 Compliance with Licensed Prescriber's Orders


340.1665 Control of Medication

340.1670 Labeling and Storage of Medication

340.1675 Self-Administration of Medication

SUBPART F: RESIDENT LIVING SERVICES

Section

340.1700 Recreational and Activity Programs

340.1710 Social Services

340.1720 Work Programs



21



SUBPART G: RESIDENT RECORDS

Section



340.1820 Records Pertaining to Resident's Property

340.1830 Retention, Transfer, and Inspection of Records

340.1840 Confidentiality of Resident's Records


Section

340.1900 Food Service Staff






340.1960 Kitchen Equipment, Utensils and Supplies

SUBPART I: PHYSICAL PLANT SERVICES,

FURNISHINGS, EQUIPMENT AND SUPPLIES

Section


340.2010 Water Supply, Sewage Disposal and Plumbing






340.TABLE B Guidelines for the Use of Various Drugs

AUTHORITY: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45].

SOURCE: Emergency rule adopted at 18 Ill. Reg. 10391, effective June 21, 1994, for a

maximum of 150 days; emergency rule expired November 18, 1994; adopted at 19 Ill. Reg.

5679, effective April 3, 1995; emergency amendment at 20 Ill. Reg. 496, effective January 1,


21



1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg.

10045, effective July 15, 1996; amended at 20 Ill. Reg. 12013, effective September 10, 1996;


effective April 15, 1998; amended at 23 Ill. Reg. 1038, effective January 15, 1999; amended at

23 Ill. Reg. 7931, effective July 15, 1999; amended at 24 Ill. Reg. 17225, effective November 1,


effective April 1, 2002; amended at 26 Ill. Reg. 10589, effective July 1, 2002; emergency

amendment at 27 Ill. Reg. 2222, effective February 1, 2003, for a maximum of 150 days;

emergency expired June 30, 2003; amended at 27 Ill. Reg. 5903, effective April 1, 2003;


days; emergency expired January 11, 2004; amended at 27 Ill. Reg. 15904, effective September

25, 2003; amended at 27 Ill. Reg. 18148, effective November 15, 2003; amended at 28 Ill. Reg.

11209, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 11931, effective July 12,

2005, for a maximum of 150 days; emergency rule modified in response to JCAR

Recommendation at 29 Ill. Reg. 15208, effective September 23, 2005, for the remainder of the

maximum 150 days; emergency amendment expired December 8, 2005; amended at 29 Ill. Reg.

12924, effective August 2, 2005; amended at 30 Ill. Reg. 1452, effective January 23, 2006;


April 3, 2007; amended at 31 Ill. Reg. 8841, effective June 6, 2007; amended at 33 Ill. Reg.

9384, effective June 17, 2009; amended at 34 Ill. Reg. 19214, effective November 23, 2010;


effective June 29, 2011; amended at 37 Ill. Reg. 2330, effective February 4, 2013; amended at 37

Ill. Reg. 4983, effective March 29, 2013; amended at 39 Ill. Reg. 5482, effective March 25,

2015; amended at 42 Ill. Reg. 1132, effective January 5, 2018; emergency amendment at 44 Ill.

Reg. 8548, effective May 5, 2020, for a maximum of 150 days; emergency repeal of emergency

rule at 44 Ill. Reg. 16291, effective September 15, 2020; emergency amendment at 44 Ill. Reg.

18994, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45

Ill. Reg. 425, effective December 18, 2020, for a maximum of 150 days; emergency amendment

to emergency rule at 45 Ill. Reg. 2098, effective January 27, 2021, for the remainder of the 150

days.

SUBPART B: POLICIES AND FACILITY RECORDS


EMERGENCY




21


















care planning;





or


placement.






21

























21



1) Heading of the Part: Intermediate Care for the Developmentally Disabled Facilities Code



350.770 Amendment

4) Statutory Authority: ID/DD Community Care Act [210 ILCS 47]










19.







frontline clinical and management staff to complete the targeted training. The emergency

amendment requires 50% of the frontline and management staff at ID/DD facilities to

complete the training by February 28, 2020, and 100% to complete the training by March

31, 2021. The requirements for all new frontline and management staff hired after

January 31, 2021 remains the same.



21




State mandate.


Elizabeth Paton






217/782-2043

[email protected]



21






PART 350

INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE


Section

350.2 COVID-19 Emergency Provisions for Licenses and Inspections

EMERGENCY



350.130 Licensee

350.140 Issuance of an Initial License for a New Facility










350.220 Information to Be Made Available to the Public By the Department

350.230 Information to Be Made Available to the Public By the Licensee














21



350.284 Calculation of Penalties

350.286 Determination to Assess Penalties



350.300 Alcoholism Treatment Programs In Long-Term Care Facilities



350.320 Waivers

350.330 Definitions


EMERGENCY


Section


SUBPART C: POLICIES

Section

350.610 Management Policies


350.625 Determination of Need Screening and Request for Resident Criminal History

Record Information



10, 2006









350.680 Developmental Disabilities Aides



350.683 Registry of Developmental Disabilities Aides


21



350.685 Student Interns





EMERGENCY


EMERGENCY


Section

350.810 Personnel


350.830 Personnel Policies (Repealed)

SUBPART E: RESIDENT LIVING SERVICES

Section

350.1010 Service Programs

350.1020 Psychological Services


350.1040 Speech Pathology and Audiology Services

350.1050 Recreational and Activities Services


350.1060 Training and Habilitation Services

350.1070 Training and Habilitation Staff

350.1080 Restraints





SUBPART F: HEALTH SERVICES

Section

350.1210 Health Services




21




350.1230 Nursing Services


350.1240 Dental Services

350.1250 Physical and Occupational Therapy Services



Section





350.1450 Control of Medications


Section







350.1670 Staff Responsibility for Medical Records




Section







350.1870 Scheduling Meals


21







SUBPART J: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section





Section




Section

350.2410 Codes



350.2440 Plumbing

SUBPART M: CONSTRUCTION STANDARDS FOR NEW INTERMEDIATE CARE

FACILITIES FOR THE DEVELOPMENTALLY DISABLED

Section


350.2620 Codes and Standards

350.2630 Preparation of Drawings and Specifications

350.2640 Site

350.2650 Administration and Public Areas

350.2660 Nursing Unit

350.2670 Dining, Living, Activities Rooms

350.2680 Therapy and Personal Care

350.2690 Service Departments


21




350.2710 Structural

350.2720 Mechanical Systems

350.2730 Plumbing Systems

350.2740 Electrical Systems

SUBPART N: CONSTRUCTION STANDARDS FOR EXISTING INTERMEDIATE CARE

FACILITIES FOR THE DEVELOPMENTALLY DISABLED

Section

350.2910 Applicability



350.2940 Site



350.2970 Living, Dining, Activities Rooms

350.2980 Treatment and Personal Care

350.2990 Service Department


350.3010 Structural



350.3040 Electrical Requirements

SUBPART O: RESIDENT'S RIGHTS

Section

350.3210 General

350.3220 Medical and Personal Care Program











21





SUBPART P: SPECIAL STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR

THE DEVELOPMENTALLY DISABLED OF 16 BEDS OR LESS

Section

350.3710 Applicability of Other Provisions of this Part



350.3740 Personnel

350.3750 Consultation Services and Nursing Services


350.3770 Food Services



350.3800 Bedrooms

350.3810 Nurses Station


350.3830 Utility Rooms

350.3840 Living, Dining, Activity Rooms


350.3860 Kitchen



350.3890 Corridors



350.3920 Stairways, Vertical Openings and Doorways



350.3950 Heating, Cooling, and Ventilating Systems




350.3990 Emergency Electrical System


350.4010 Construction Types

350.4020 Equivalencies


21



350.4030 New Construction Requirements

SUBPART Q: DAY CARE PROGRAMS

Section


350.APPENDIX A Classification of Distinct Part of a Facility for Different Levels of Service

(Repealed)

350.APPENDIX B Federal Requirements Regarding Residents' Rights (Repealed)

350.APPENDIX C Seismic Zone Map

350.APPENDIX D Forms For Day Care in Long-Term Care Facilities

350.APPENDIX E Guidelines for the Use of Various Drugs

350.TABLE A Sound Transmission Limitations in New Intermediate Care Facilities for

the Developmentally Disabled

350.TABLE B Pressure Relationships and Ventilation Rate of Certain Areas for the New

Intermediate Care Facilities for the Developmentally Disabled

350.TABLE C Construction Types and Sprinkler Requirements for Existing Intermediate

Care Facilities for the Developmentally Disabled

350.TABLE D Food Service Sanitation Rules, 77 Illinois Admin. Code 750, 1983

Applicable for New Intermediate Care Facilities for the Developmentally

Disabled of 16 Beds or Less

350.TABLE E Construction Types and Sprinkler Requirements for New Intermediate

Care Facilities for the Developmentally Disabled of Sixteen (16) Beds or

Less

350.TABLE F Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the ID/DD Community Care Act [210 ILCS

47].

SOURCE: Emergency rules adopted at 4 Ill. Reg. 10, p. 495, effective March 1, 1980, for a

maximum of 150 days; amended at 4 Ill. Reg. 30, p. 1, effective July 28, 1980; amended at 5 Ill.

Reg. 1657, effective February 4, 1981; amended at 6 Ill. Reg. 5981, effective May 3, 1982;

amended at 6 Ill. Reg. 6453, effective May 14, 1982; amended at 6 Ill. Reg. 8198, effective June

29, 1982; amended at 6 Ill. Reg. 14544, effective November 8, 1982; amended at 6 Ill. Reg.

14675, effective November 15, 1982; amended at 6 Ill. Reg. 15556, effective December 15,

1982; amended at 7 Ill. Reg. 278, effective December 22, 1982; amended at 7 Ill. Reg. 1919 and

1945, effective January 28, 1983; amended at 7 Ill. Reg. 7963, effective July 1, 1983; amended at

7 Ill. Reg. 15817, effective November 15, 1983; amended at 7 Ill. Reg. 16984, effective


21



December 14, 1983; amended at 8 Ill. Reg. 15574 and 15578 and 15581, effective August 15,


effective September 5, 1984; codified at 8 Ill. Reg. 19806; amended at 8 Ill. Reg. 24214,

effective November 29, 1984; amended at 8 Ill. Reg. 24680, effective December 7, 1984;


December 28, 1984; amended at 9 Ill. Reg. 2964, effective February 25, 1985; amended at 9 Ill.

Reg. 10876, effective July 1, 1985; amended at 11 Ill. Reg. 14795, effective October 1, 1987;


December 24, 1987; amended at 12 Ill. Reg. 16838, effective October 1, 1988; emergency


emergency expired March 23, 1989; amended at 13 Ill. Reg. 6040, effective April 17, 1989;


effective October 1, 1990; amended at 15 Ill. Reg. 466, effective January 1, 1991; amended at 16

Ill. Reg. 594, effective January 1, 1992; amended at 16 Ill. Reg. 13910, effective September 1,

1992; amended at 17 Ill. Reg. 2351, effective February 10, 1993; emergency amendment at 17

Ill. Reg. 2373, effective February 3, 1993, for a maximum of 150 days; emergency expired on

July 3, 1993; emergency amendment at 17 Ill. Reg. 7948, effective May 6, 1993, for a maximum

of 150 days; emergency expired on October 3, 1993; emergency amendment at 17 Ill. Reg. 9105,

effective June 7, 1993, for a maximum of 150 days; emergency expired on November 4, 1993;


effective January 1, 1994; amended at 17 Ill. Reg. 19210, effective October 26, 1993; amended

at 17 Ill. Reg. 19517, effective November 4, 1993; amended at 17 Ill. Reg. 21017, effective


Reg. 15789, effective October 15, 1994; amended at 19 Ill. Reg. 11481, effective July 29, 1995;


days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 10065, effective July 15, 1996;


effective November 15, 1997; amended at 22 Ill. Reg. 4040, effective February 13, 1998;


September 18, 1998; amended at 23 Ill. Reg. 1052, effective January 15, 1999; amended at 23 Ill.

Reg. 7970, effective July 15, 1999; amended at 24 Ill. Reg. 17254, effective November 1, 2000;


May 15, 2001; amended at 26 Ill. Reg. 4878, effective April 1, 2002; amended at 26 Ill. Reg.

10611, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2238, effective February 1,

2003, for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at

27 Ill. Reg. 5489, effective March 25, 2003, for a maximum of 150 days; emergency expired

August 21, 2003; amended at 27 Ill. Reg. 5924, effective April 1, 2003; emergency amendment

at 27 Ill. Reg. 14237, effective August 15, 2003, for a maximum of 150 days; emergency expired

January 11, 2004; amended at 27 Ill. Reg. 15924, effective September 25, 2003; amended at 27


21



Ill. Reg. 18160, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3552, effective

November 15, 2003; amended at 28 Ill. Reg. 7653, effective May 24, 2004; amended at 28 Ill.

Reg. 11217, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 11971, effective July

12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR

Recommendation at 29 Ill. Reg. 15247, effective September 23, 2005, for the remainder of the

maximum 150 days; emergency expired December 8, 2005; amended at 29 Ill. Reg. 12954,

effective August 2, 2005; amended at 30 Ill. Reg. 1460, effective January 23, 2006; amended at

30 Ill. Reg. 5338, effective March 2, 2006; amended at 30 Ill. Reg. 13876, effective August 7,


effective June 6, 2007; amended at 33 Ill. Reg. 9393, effective June 17, 2009; amended at 34 Ill.

Reg. 19224, effective November 23, 2010; amended at 35 Ill. Reg. 3461, effective February 14,


effective April 30, 2018; emergency amendment at 44 Ill. Reg. 8555, effective May 5, 2020, for

a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 16298,

effective September 15, 2020, for the remainder of the 150 days; emergency rule as amended

expired October 1, 2020; emergency amendment at 44 Ill. Reg. 16908, effective October 2, 2020,

for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 19012, effective November

19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 435, effective

December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45

Ill. Reg. 2108, effective January 27, 2021, for the remainder of the 150 days.

SUBPART C: POLICIES


EMERGENCY






2) "Frontline clinical staff" means registered nurses, licensed practical

nurses, certified nurse assistants, psychiatric service rehabilitation aides,

rehabilitation therapy aides, psychiatric services rehabilitation

coordinators, assistant directors of nursing, directors of nursing, social

service directors, and any licensed physical, occupational or speech

therapists. Any consultants, contractors, volunteers, students in any


21



training programs, and caregivers who provide, engage in, or administer

direct care and services to residents on behalf of the facility are also

considered frontline clinical staff.




care planning;





or


placement.










21



























21



1) Heading of the Part: Community Living Facilities Code



370.3 Amendment

4) Statutory Authority: Community Living Facilities Act [210 ILCS 35]










19.







frontline clinical and management staff to complete the targeted COVID-19 training.

The emergency amendment requires 50% of the frontline and management staff at

community living facilities to complete the training by February 28, 2021, and 100% to

complete the training by March 31, 2021. The deadline for training for all new frontline

and management staff hired after January 31, 2021, remains the same.



21




State mandate.


Elizabeth Paton






217/782-2043

[email protected]



21






PART 370

COMMUNITY LIVING FACILITIES CODE


Section

370.1 Emergency Provisions – Incorporated and Referenced Materials

EMERGENCY

370.2 Emergency Provisions – Infection Control

EMERGENCY


EMERGENCY



370.130 Licensee





370.170 Denial or Revocation


370.190 Inspections

370.200 Information to Be Made Available to the Public By the Licensee


370.220 Variances

370.230 Alcoholism Treatment Programs In Community Living Facilities

370.240 Definitions


Section


SUBPART C: POLICIES


21



Section

370.510 Social and Vocational Training Program Policies


370.530 Agreement Between Resident and Facility




Section

370.710 Personnel



SUBPART E: HEALTH MAINTENANCE SERVICES

Section



370.830 Behavior Emergencies


SUBPART F: PROGRAM SERVICES

Section

370.1010 Program Evaluation

370.1020 Program and Services

SUBPART G: RECORDS

Section

370.1210 General

370.1220 Other Records



Section

370.1410 Food Service


21



370.1420 Adequacy of Diet

370.1430 Therapeutic Diets

370.1440 Scheduling of Meals



370.1470 Kitchen Equipment, Utensils and Supplies

SUBPART I: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section




SUBPART J: FURNISHINGS, EQUIPMENT AND SUPPLIES

Section



SUBPART K: WATER SUPPLY AND SEWAGE DISPOSAL

Section

370.2010 Codes



370.2040 Plumbing

SUBPART L: DESIGN AND CONSTRUCTION STANDARDS FOR NEW

COMMUNITY LIVING FACILITIES

Section

370.2210 Applicability of Standards



370.2240 Site


370.2260 Bedrooms

370.2270 Nurses' Station


21




370.2290 Living, Dining Room, and Activity Room(s)

370.2300 Kitchen


370.2320 Housekeeping and Storage

370.2330 Building General


370.2350 Stairways and Vertical Openings

370.2360 Hazardous Areas

370.2370 Structural







SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING

COMMUNITY LIVING FACILITIES

Section

370.2610 Applicability of Standards



370.2640 Site


370.2660 Bedrooms

370.2670 Nurses' Station


370.2690 Living, Dining Room, and Activity Room(s)

370.2700 Kitchen


370.2720 Housekeeping and Storage

370.2730 Building General


370.2750 Stairways and Vertical Openings

370.2760 Hazardous Areas

370.2770 Structural



21








SUBPART N: RESIDENT'S RIGHTS

Section

370.3010 General

370.3020 Medical and Personal Care Program

370.3030 Restraints





370.3080 Transfer and/or Discharge




370.APPENDIX A Program Standards

370.APPENDIX B Sanitizing Solutions

AUTHORITY: Implementing and authorized by the Community Living Facilities Act [210

ILCS 35].

SOURCE: Emergency rules adopted at 6 Ill. Reg. 379, effective January 1, 1982, for a

maximum of 150 days; adopted at 6 Ill. Reg. 6226, effective May 19, 1982; codified at 8 Ill. Reg.

19476; amended at 8 Ill. Reg. 24706, effective December 7, 1984; emergency amendment at 17

Ill. Reg. 9117, effective June 7, 1993, for a maximum of 150 days; amended at 17 Ill. Reg.

19509, effective November 1, 1993; emergency amendments at 20 Ill. Reg. 456, effective

January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20

Ill. Reg. 9982, effective July 15, 1996; amended at 22 Ill. Reg. 3919, effective February 13,

1998; amended at 23 Ill. Reg. 993, effective January 15, 1999; amended at 24 Ill. Reg. 17182,

effective November 1, 2000; amended at 26 Ill. Reg. 11982, effective July 31, 2002; emergency

amendment at 27 Ill. Reg. 7953, effective April 30, 2003, for a maximum of 150 days;

emergency expired September 26, 2003; amended at 27 Ill. Reg. 18183, effective November 12,

2003; amended at 31 Ill. Reg. 192, effective December 21, 2006; emergency amendment at 44


21



Ill. Reg. 19038, effective November 19, 2020, for a maximum of 150 days; emergency


emergency amendment to emergency rule at 45 Ill. Reg. 2123, effective January 27, 2021, for the

remainder of the 150 days.



EMERGENCY


















care planning;





21




or


placement.





















21

























21



1) Heading of the Part: Specialized Mental Health Rehabilitation Facilities Code



380.642 Amendment

4) Statutory Authority: Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS

49]










19.








The emergency amendment requires that 50% of the frontline and management staff at

specialized mental health rehabilitation facilities to complete the training by February 28,

2021, and 100% to complete the training by March 31, 2021. The deadline for training

for all new frontline and management staff hired after January 31, 2021, remains the

same.


21





State mandate.


Elizabeth Paton






217/782-2043

[email protected]



21






PART 380

SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE


Section

380.100 Definitions


EMERGENCY

380.120 Applicability and General Requirements

380.130 Staff Qualifications and Training Requirements

380.140 Consumer Rights and Choices

380.150 Informed Consent

380.160 Restraints and Therapeutic Separation

380.170 Consumer Background Checks


380.190 Consumer Records

380.200 Assessment, Level of Service Determination, and Authorization

380.210 Individualized Treatment Plan


SUBPART B: SPECIALIZED MENTAL HEALTH

REHABILITATION FACILITIES PROGRAMS

Section

380.300 Triage Centers

380.310 Crisis Stabilization Units

380.320 Recovery and Rehabilitation Supports Centers

380.330 Transitional Living Units

SUBPART C: PROGRAM PERSONNEL

Section

380.400 Employee Personnel Policies and Records

380.410 Initial Health Evaluation for Employees, Interns and Volunteers


21




380.430 Executive Director

380.440 Psychiatric Medical Director

SUBPART D: ADMINISTRATION

Section

380.500 Required Policies and Procedures

380.510 Quality Assessment and Performance Improvement

380.515 Reportable Performance Indicators

380.520 Information to Be Made Available to the Public

380.530 Incidents, Accidents and Emergency Care

380.540 Abuse, Neglect and Theft



380.570 Fire Safety and Disaster Preparedness

380.580 Research

SUBPART E: SUPPORT SERVICES AND ENVIRONMENT

Section

380.600 Required Support Services

380.610 Physician Medical Services

380.620 Health/Nursing Services

380.630 Pharmaceutical Services and Medication Administration

380.640 Infection Control and Vaccinations

380.641 Infection Control and Testing

EMERGENCY


EMERGENCY

380.650 Dietetic Services

380.660 Dental Services

380.670 Physical Plant and Environmental Requirements

SUBPART F: LICENSURE REQUIREMENTS

Section

380.700 Licensure Application Requirements

380.710 Application Process and Requirements for a Provisional License


21



380.720 Plan of Operation

380.730 Requirements for Accreditation

380.740 Surveys and Inspections

380.750 License Sanctions and Revocations

380.760 Citation Review and Appeal Procedures

380.770 Safety, Zoning and Building Clearances

380.780 Special Demonstration Programs and Services

AUTHORITY: Implementing and authorized by the Specialized Mental Health Rehabilitation

Act of 2013 [210 ILCS 49].

SOURCE: Emergency rule adopted at 38 Ill. Reg. 11819, effective May 22, 2014, for a

maximum of 150 days; emergency expired October 18, 2014; adopted at 38 Ill. Reg. 22897,

effective November 21, 2014; amended at 43 Ill. Reg. 1651, effective January 18, 2019;


emergency repeal of emergency rule at 44 Ill. Reg. 16312, effective September 15, 2020;

amended at 44 Ill. Reg. 18403, effective October 29, 2020; emergency amendment at 44 Ill. Reg.

19051, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45

Ill. Reg. 461, effective December 18, 2020, for a maximum of 150 days; emergency amendment

to emergency rule at 45 Ill. Reg. 2133, effective January 27, 2021, for the remainder of the 150

days.

SUBPART E: SUPPORT SERVICES AND ENVIRONMENT


EMERGENCY












21





who provide, engage in, or administer direct care and services to

consumers on behalf of the facility are also considered frontline clinical

staff.



B) Oversee comprehensive assessment of consumers' medical needs

and care planning;





or

G) Participate in the screening of prospective consumers and

consumer placement.










21

























21



1) Heading of the Part: Medically Complex for the Developmentally Disabled Facilities

Code



390.761 Amendment

4) Statutory Authority: MC/DD Act [210 ILCS 46]










19.








The emergency amendment requires 50% of the frontline and management staff at

MC/DD facilities to complete the training by February 28, 2021, and 100% to complete

the training by March 31, 2021. The deadline for training for all new frontline and

management staff hired after January 31, 2021, remains the same.



21




State mandate.


Elizabeth Paton






217/782-2043

[email protected]

The full text of the Emergency Amendment to Emergency Rule begins on the next page:


21






PART 390

MEDICALLY COMPLEX FOR THE

DEVELOPMENTALLY DISABLED FACILITIES CODE


Section

390.2 COVID-19 Emergency Provisions for Licenses and Inspections

EMERGENCY



390.130 Licensee











390.220 Information to be Made Available to the Public by the Department

390.230 Information to be Made Available to the Public by the Licensee







390.274 Determination of the Type of a Violation






21





390.286 Notice of Penalty Assessment: Response by Facility

390.287 Consideration of Factors for Assessing Penalties



390.300 Alcoholism Treatment Programs in Long-Term Care Facilities


390.315 Supported Congregate Living Arrangement Demonstration (Repealed)

390.320 Waivers

390.330 Definitions


EMERGENCY


Section


SUBPART C: POLICIES

Section

390.610 Management Policies


390.625 Pre-admission Assessment and Request for Criminal History Record Information

(Repealed)


390.635 Identified Offenders (Repealed)

390.636 Discharge Planning for Identified Offenders (Repealed)

390.637 Transfer of an Identified Offender (Repealed)






390.680 Child Care/Habilitation Aides



390.683 Registry of Child Care/Habilitation Aides


21



390.685 Student Interns





EMERGENCY


EMERGENCY


Section

390.810 General

390.820 Categories of Personnel


SUBPART E: HEALTH AND DEVELOPMENTAL SERVICES

Section

390.1010 Service Programs

390.1020 Medical Services




390.1040 Nursing Services

390.1050 Dental Care Services

390.1060 Physical and Occupational Therapy Services

390.1070 Psychological Services


390.1090 Speech Pathology and Audiology Services

390.1100 Recreational and Activity Services

390.1110 Educational Services

390.1120 Work Activity and Prevocational Training Services




SUBPART F: RESTRAINTS AND BEHAVIOR MANAGEMENT


21



Section

390.1310 Restraints




390.1320 Behavior Management

390.1330 Behavior Emergencies (Repealed)


Section





390.1450 Control of Medications


Section







390.1670 Staff Responsibility for Medical Records




Section






390.1860 Infant and Therapeutic Diets


21



390.1870 Scheduling Meals



390.1900 Preparation of Infant Formula



SUBPART J: MAINTENANCE, HOUSEKEEPING, AND LAUNDRY

Section





Section



390.2230 Sterilization of Supplies and Equipment


Section

390.2410 Codes



390.2440 Plumbing

SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR NEW FACILITIES

Section

390.2610 Applicability of these Standards



390.2640 Site



390.2670 Dining, Play, Activity/Program Rooms


21




390.2690 Service Departments


390.2710 Structural




SUBPART N: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING FACILITIES

Section

390.2910 Applicability



390.2940 Site



390.2970 Play, Dining, Activity/Program Rooms

390.2980 Treatment and Personal Care

390.2990 Service Department


390.3010 Structural



390.3040 Electrical Requirements

SUBPART O: RESIDENT'S RIGHTS

Section

390.3210 General

390.3220 Medical Care










21






SUBPART P: DAY CARE PROGRAMS

Section


390.APPENDIX A Interpretation and Illustrative Services for Long-Term Care Facility for

Residents Under 22 Years of Age (Repealed)

390.APPENDIX B Forms for Day Care in Long-Term Care Facilities

390.APPENDIX C Guidelines for the Use of Various Drugs

390.TABLE A Infant Feeding

390.TABLE B Daily Nutritional Requirements By Age Group

390.TABLE C Sound Transmissions Limitations

390.TABLE D Pressure Relationships and Ventilation Rates of Certain Areas for New

Long-Term Care Facilities for Persons Under Twenty-Two (22) Years of

Age

390.TABLE E Sprinkler Requirements

390.TABLE F Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the MC/DD Act [210 ILCS 46].

SOURCE: Adopted at 6 Ill. Reg. 1658, effective February 1, 1982; emergency amendment at 6

Ill. Reg. 3223, effective March 8, 1982, for a maximum of 150 days; amended at 6 Ill. Reg.

11622, effective September 14, 1982; amended at 6 Ill. Reg. 14557 and 14560, effective

November 8, 1982; amended at 6 Ill. Reg. 14678, effective November 15, 1982; amended at 7

Ill. Reg. 282, effective December 22, 1982; amended at 7 Ill. Reg. 1927, effective January 28,


effective November 15, 1983; amended at 7 Ill. Reg. 16988, effective December 14, 1983;

amended at 8 Ill. Reg. 15585, 15589, and 15592, effective August 15, 1984; amended at 8 Ill.

Reg. 16989, effective September 5, 1984; codified at 8 Ill. Reg. 19823; amended at 8 Ill. Reg.

24159, effective November 29, 1984; amended at 8 Ill. Reg. 24656, effective December 7, 1984;


December 26, 1984; amended at 9 Ill. Reg. 10785, effective July 1, 1985; amended at 11 Ill. Reg.

16782, effective October 1, 1987; amended at 12 Ill. Reg. 931, effective December 24, 1987;

amended at 12 Ill. Reg. 16780, effective October 1, 1988; emergency amendment at 12 Ill. Reg.

18243, effective October 24, 1988, for a maximum of 150 days; emergency expired March 23,


21




effective December 1, 1989; amended at 14 Ill. Reg. 14904, effective October 1, 1990; amended

at 15 Ill. Reg. 1878, effective January 25, 1991; amended at 16 Ill. Reg. 623, effective January 1,

1992; amended at 16 Ill. Reg. 14329, effective September 3, 1992; emergency amendment at 17

Ill. Reg. 2390, effective February 3, 1993, for a maximum of 150 days; emergency expired on

July 3, 1993; emergency amendment at 17 Ill. Reg. 7974, effective May 6, 1993, for a maximum

of 150 days; emergency expired on October 3, 1993; amended at 17 Ill. Reg. 15073, effective

September 3, 1993; amended at 17 Ill. Reg. 16167, effective January 1, 1994; amended at 17 Ill.

Reg. 19235, effective October 26, 1993; amended at 17 Ill. Reg. 19547, effective November 4,


1453, effective January 14, 1994; amended at 18 Ill. Reg. 15807, effective October 15, 1994;

amended at 19 Ill. Reg. 11525, effective July 29, 1995; emergency amendment at 20 Ill. Reg.

535, effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996;


September 10, 1996; amended at 22 Ill. Reg. 4062, effective February 13, 1998; amended at 22

Ill. Reg. 7188, effective April 15, 1998; amended at 22 Ill. Reg. 16576, effective September 18,


effective July 15, 1999; amended at 24 Ill. Reg. 17283, effective November 1, 2000; amended at

25 Ill. Reg. 4890, effective April 1, 2001; amended at 26 Ill. Reg. 4890, effective April 1, 2002;

amended at 26 Ill. Reg. 10645, effective July 1, 2002; emergency amendment at 27 Ill. Reg.

2258, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003;

emergency amendment at 27 Ill. Reg. 5509, effective March 25, 2003, for a maximum of 150

days; emergency expired August 21, 2003; amended at 27 Ill. Reg. 5947, effective April 1, 2003;


days; emergency expired January 12, 2004; amended at 27 Ill. Reg. 15949, effective September

25, 2003; amended at 27 Ill. Reg. 18204, effective November 15, 2003; expedited correction at

28 Ill. Reg. 3565, effective November 15, 2003; amended at 28 Ill. Reg. 11231, effective July 22,

2004; emergency amendment at 29 Ill. Reg. 12025, effective July 12, 2005, for a maximum of

150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15301,

effective September 23, 2005, for the remainder of the maximum 150 days; emergency

amendment expired December 8, 2005; amended at 29 Ill. Reg. 12988, effective August 2, 2005;


March 2, 2006; amended at 31 Ill. Reg. 6145, effective April 3, 2007; amended at 31 Ill. Reg.

8864, effective June 6, 2007; amended at 33 Ill. Reg. 9406, effective June 17, 2009; amended at

34 Ill. Reg. 19239, effective November 23, 2010; amended at 35 Ill. Reg. 3495, effective

February 14, 2011; amended at 39 Ill. Reg. 5503, effective March 25, 2015; amended at 42 Ill.

Reg. 6716, effective March 29, 2018; amended at 43 Ill. Reg. 3564, effective February 26, 2019;


emergency amendment to emergency rule at 44 Ill. Reg. 16317, effective September 15, 2020,


21



for the remainder of the 150 days; emergency rule as amended expired October 1, 2020;

emergency amendment at 44 Ill. Reg. 16920, effective October 2, 2020, for a maximum of 150

days; emergency amendment at 44 Ill. Reg. 19068, effective November 19, 2020, for a

maximum of 150 days; emergency amendment at 45 Ill. Reg. 469, effective December 18, 2020,


effective January 27, 2021, for the remainder of the 150 days.

SUBPART C: POLICIES


EMERGENCY


















care planning;




21





or


placement.




















21


























21

DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

1) Heading of the Part: Supplemental Nutrition Assistance Program (SNAP)


3) Section Number: Peremptory Action:

121.64 Amendment

4) Reference to the Specific State or Federal Court Order, Federal Rule or Statute Which

Requires this Peremptory Rulemaking: These changes are being made to conform with

Food and Nutrition Service regulations.

5) Statutory Authority: Implementing Sections 12-4.4 through 12-4.6 and authorized by

Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12-

13].

6) Effective Date: January 29, 2021

7) A Complete Description of the Subjects and Issues Involved: The changes in this

rulemaking are the result of Consolidated Appropriations Act 2021 and are required by

Food and Nutrition Service regulations. This rulemaking revises the Maximum Monthly

SNAP Allotments for all SNAP units. It also increases the minimum monthly allotment

for 1-2 persons to $19.



10) A copy of the peremptory rule, including any material incorporated by reference, is on

file in the Agency's principal office and is available for public inspection.

11) This rulemaking is in compliance with Section 5-50 of the Illinois Administrative

Procedure Act.

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

Section Number: Proposed Action: Illinois Register Citation:



21




State mandate.

14) Information and questions regarding this peremptory rule shall be directed to:

Tracie Drew, Bureau Chief

Bureau of Administrative Rules and Procedures

Department of Human Services

100 South Grand Avenue East

Harris Bldg., 3rd Floor


217/785-9772

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


21




CHAPTER IV: DEPARTMENT OF HUMAN SERVICES

SUBCHAPTER b: ASSISTANCE PROGRAMS

PART 121

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

SUBPART A: APPLICATION PROCEDURES

Section

121.1 Application for Assistance

121.2 Time Limitations on the Disposition of an Application

121.3 Approval of an Application and Initial Authorization of Assistance

121.4 Denial of an Application

121.5 Client Cooperation

121.6 Emergency Assistance

121.7 Expedited Service

121.8 Express Stamps Application Project

121.10 Interviews

SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY

Section

121.18 Work Requirement

121.19 Ending a Voluntary Quit Disqualification (Repealed)

121.20 Citizenship

121.21 Residence

121.22 Social Security Numbers

121.23 Work Registration/Participation Requirements

121.24 Individuals Exempt from Work Registration Requirements

121.25 Failure to Comply with Work Provisions

121.26 Periods of Sanction

121.27 Voluntary Job Quit/Reduction in Work Hours

121.28 Good Cause for Voluntary Job Quit/Reduction in Work Hours

121.29 Exemptions from Voluntary Quit/Reduction in Work Hours Rules

SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY

Section


21



121.30 Unearned Income

121.31 Exempt Unearned Income

121.32 Education Benefits (Repealed)

121.33 Unearned Income In-Kind

121.34 Lump Sum Payments and Income Tax Refunds

121.40 Earned Income

121.41 Budgeting Earned Income

121.50 Exempt Earned Income

121.51 Income from Work/Study/Training Programs

121.52 Earned Income from Roomers or Boarders

121.53 Income From Rental Property

121.54 Earned Income In-Kind

121.55 Sponsors of Aliens

121.57 Assets

121.58 Exempt Assets

121.59 Asset Disregards

SUBPART D: ELIGIBILITY STANDARDS

Section

121.60 Net Monthly Income Eligibility Standards

121.61 Gross Monthly Income Eligibility Standards

121.62 Income Which Must Be Annualized

121.63 Deductions from Monthly Income

121.64 Supplemental Nutrition Assistance Program (SNAP) Benefit Amount

SUBPART E: HOUSEHOLD CONCEPT

Section

121.70 Composition of the Assistance Unit

121.71 Living Arrangement

121.72 Nonhousehold Members

121.73 Ineligible Household Members

121.74 Strikers

121.75 Students

121.76 Categorically Eligible Households

SUBPART F: MISCELLANEOUS PROGRAM PROVISIONS


21



Section

121.80 Fraud Disqualification (Renumbered)

121.81 Initiation of Administrative Fraud Hearing (Repealed)

121.82 Definition of Fraud (Renumbered)

121.83 Notification To Applicant Households (Renumbered)

121.84 Disqualification Upon Finding of Fraud (Renumbered)

121.85 Court Imposed Disqualification (Renumbered)

121.90 Monthly Reporting and Retrospective Budgeting (Repealed)

121.91 Monthly Reporting (Repealed)

121.92 Budgeting

121.93 Issuance of Food Stamp Benefits

121.94 Replacement of the EBT Card or SNAP Benefits

121.95 Restoration of Lost Benefits

121.96 Uses for SNAP Benefits

121.97 Supplemental Payments

121.98 Client Training Brochure for the Electronic Benefits Transfer (EBT) System

121.105 State Food Program (Repealed)

121.107 New State Food Program

121.108 Transitional Food Stamp (TFS) Benefits

121.117 Farmers' Market Technology Improvement Program

121.120 Redetermination of Eligibility

121.125 Simplified Reporting

121.130 Residents of Shelters for Battered Women and their Children

121.131 Fleeing Felons and Probation/Parole Violators

121.135 Incorporation By Reference

121.136 Food and Nutrition Act of 2008

121.140 Small Group Living Arrangement Facilities and Drug/Alcoholic Treatment

Centers

121.145 Quarterly Reporting (Repealed)

SUBPART G: INTENTIONAL VIOLATIONS OF THE PROGRAM

Section

121.150 Definition of Intentional Violations of the Program

121.151 Penalties for Intentional Violations of the Program

121.152 Notification To Applicant Households

121.153 Disqualification Upon Finding of Intentional Violation of the Program

121.154 Court Imposed Disqualification


21



SUBPART H: FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM

Section

121.160 Participation in Voluntary SNAP Employment and Training (SNAP E&T)

121.162 Program Requirements

121.163 Vocational Training

121.164 Orientation (Repealed)

121.165 Community Workfare

121.166 Assessment and Employability Plan (Repealed)

121.167 Counseling/Prevention Services (Repealed)

121.170 Supervised Job Search Activity

121.172 Basic Education Activity

121.174 Job Readiness Activity

121.176 Work Experience Activity

121.177 Illinois Works Component (Repealed)

121.178 Job Training Component (Repealed)

121.179 JTPA Employability Services Component (Repealed)

121.180 Grant Diversion Component (Repealed)

121.182 Earnfare Activity

121.184 Sanctions for Non-cooperation with Food Stamp Employment and Training

(Repealed)

121.186 Good Cause for Failure to Cooperate (Repealed)

121.188 Supportive Services

121.190 Conciliation (Repealed)

121.200 Types of Claims (Recodified)

121.201 Establishing a Claim for Intentional Violation of the Program (Recodified)

121.202 Establishing a Claim for Unintentional Household Errors and Administrative

Errors (Recodified)

121.203 Collecting Claim Against Households (Recodified)

121.204 Failure to Respond to Initial Demand Letter (Recodified)

121.205 Methods of Repayment of Food Stamp Claims (Recodified)

121.206 Determination of Monthly Allotment Reductions (Recodified)

121.207 Failure to Make Payment in Accordance with Repayment Schedule (Recodified)

121.208 Suspension and Termination of Claims (Recodified)

SUBPART I: WORK REQUIREMENT FOR FOOD STAMPS

Section

121.220 Work Requirement Components (Repealed)


21



121.221 Meeting the Work Requirement with the Earnfare Component (Repealed)

121.222 Volunteer Community Work Component (Repealed)

121.223 Work Experience Component (Repealed)

121.224 Supportive Service Payments to Meet the Work Requirement (Repealed)

121.225 Meeting the Work Requirement with the Illinois Works Component (Repealed)

121.226 Meeting the Work Requirement with the JTPA Employability Services

Component (Repealed)

AUTHORITY: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13

of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Adopted December 30, 1977; amended at 3 Ill. Reg. 5, p. 875, effective February 2,

1979; amended at 3 Ill. Reg. 31, p. 109, effective August 3, 1979; amended at 3 Ill. Reg. 33, p.

399, effective August 18, 1979; amended at 3 Ill. Reg. 41, p. 165, effective October 11, 1979;

amended at 3 Ill. Reg. 42, p. 230, effective October 9, 1979; amended at 3 Ill. Reg. 44, p. 173,

effective October 19, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979;

amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1,

effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 3, p. 49, effective January 9,

1980; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 23, 1980; amended at 4

Ill. Reg. 10, p. 253, effective February 27, 1980; amended at 4 Ill. Reg. 12, p. 551, effective

March 10, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a

maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended

at 4 Ill. Reg. 45, p. 134, effective October 17, 1980; amended at 5 Ill. Reg. 766, effective January

2, 1981; amended at 5 Ill. Reg. 1131, effective January 16, 1981; amended at 5 Ill. Reg. 4586,

effective April 15, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981;

amended at 5 Ill. Reg. 7071, effective June 23, 1981; peremptory amendment at 5 Ill. Reg.

10062, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981;


January 17, 1982; amended at 6 Ill. Reg. 2707, effective March 2, 1982; amended at 6 Ill. Reg.

8159, effective July 1, 1982; amended at 6 Ill. Reg. 10208, effective August 9, 1982; amended at

6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12318, effective October

1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill. Reg. 394,

effective January 1, 1983; codified at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 5715, effective

May 1, 1983; amended at 7 Ill. Reg. 8118, effective June 24, 1983; peremptory amendment at 7

Ill. Reg. 12899, effective October 1, 1983; amended at 7 Ill. Reg. 13655, effective October 4,

1983; peremptory amendment at 7 Ill. Reg. 16067, effective November 18, 1983; amended at 7

Ill. Reg. 16169, effective November 22, 1983; amended at 8 Ill. Reg. 5673, effective April 18,

1984; amended at 8 Ill. Reg. 7249, effective May 16, 1984; peremptory amendment at 8 Ill. Reg.

10086, effective July 1, 1984; amended at 8 Ill. Reg. 13284, effective July 16, 1984; amended at


21



8 Ill. Reg. 17900, effective September 14, 1984; amended (by adding Section being codified with

no substantive change) at 8 Ill. Reg. 17898; peremptory amendment at 8 Ill. Reg. 19690,

effective October 1, 1984; peremptory amendment at 8 Ill. Reg. 22145, effective November 1,


effective May 1, 1985; amended at 9 Ill. Reg. 8665, effective May 29, 1985; peremptory

amendment at 9 Ill. Reg. 8898, effective July 1, 1985; amended at 9 Ill. Reg. 11334, effective

July 8, 1985; amended at 9 Ill. Reg. 14334, effective September 6, 1985; peremptory amendment

at 9 Ill. Reg. 15582, effective October 1, 1985; amended at 9 Ill. Reg. 16889, effective October


229, effective December 20, 1985; peremptory amendment at 10 Ill. Reg. 7387, effective April

21, 1986; peremptory amendment at 10 Ill. Reg. 7941, effective May 1, 1986; amended at 10 Ill.

Reg. 14692, effective August 29, 1986; peremptory amendment at 10 Ill. Reg. 15714, effective

October 1, 1986; Sections 121.200 thru 121.208 recodified to 89 Ill. Adm. Code 165 at 10 Ill.

Reg. 21094; peremptory amendment at 11 Ill. Reg. 3761, effective February 11, 1987;


days; emergency amendment at 11 Ill. Reg. 9968, effective May 15, 1987, for a maximum of 150

days; amended at 11 Ill. Reg. 10269, effective May 22, 1987; amended at 11 Ill. Reg. 10621,

effective May 25, 1987; peremptory amendment at 11 Ill. Reg. 11391, effective July 1, 1987;

peremptory amendment at 11 Ill. Reg. 11855, effective June 30, 1987; emergency amendment at

11 Ill. Reg. 12043, effective July 6, 1987, for a maximum of 150 days; amended at 11 Ill. Reg.

13635, effective August 1, 1987; amended at 11 Ill. Reg. 14022, effective August 10, 1987;

emergency amendment at 11 Ill. Reg. 15261, effective September 1, 1987, for a maximum of

150 days; amended at 11 Ill. Reg. 15480, effective September 4, 1987; amended at 11 Ill. Reg.

15634, effective September 11, 1987; amended at 11 Ill. Reg. 18218, effective October 30, 1987;

peremptory amendment at 11 Ill. Reg. 18374, effective October 30, 1987; amended at 12 Ill.

Reg. 877, effective December 30, 1987; emergency amendment at 12 Ill. Reg. 1941, effective

December 31, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 4204, effective

February 5, 1988; amended at 12 Ill. Reg. 9678, effective May 23, 1988; amended at 12 Ill. Reg.

9922, effective June 1, 1988; amended at 12 Ill. Reg. 11463, effective June 30, 1988; amended at

12 Ill. Reg. 12824, effective July 22, 1988; emergency amendment at 12 Ill. Reg. 14045,

effective August 19, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg.

15704, effective October 1, 1988; peremptory amendment at 12 Ill. Reg. 16271, effective

October 1, 1988; amended at 12 Ill. Reg. 20161, effective November 30, 1988; amended at 13

Ill. Reg. 3890, effective March 10, 1989; amended at 13 Ill. Reg. 13619, effective August 14,

1989; peremptory amendment at 13 Ill. Reg. 15859, effective October 1, 1989; amended at 14 Ill.

Reg. 729, effective January 1, 1990; amended at 14 Ill. Reg. 6349, effective April 13, 1990;

amended at 14 Ill. Reg. 13202, effective August 6, 1990; peremptory amendment at 14 Ill. Reg.

15158, effective October 1, 1990; amended at 14 Ill. Reg. 16983, effective September 30, 1990;



21



August 12, 1991; peremptory amendment at 15 Ill. Reg. 14134, effective October 1, 1991;


days; amended at 16 Ill. Reg. 10011, effective June 15, 1992; amended at 16 Ill. Reg. 13900,

effective August 31, 1992; emergency amendment at 16 Ill. Reg. 16221, effective October 1,

1992, for a maximum of 150 days; peremptory amendment at 16 Ill. Reg. 16345, effective

October 1, 1992; amended at 16 Ill. Reg. 16624, effective October 23, 1992; amended at 17 Ill.

Reg. 644, effective December 31, 1992; amended at 17 Ill. Reg. 4333, effective March 19, 1993;

amended at 17 Ill. Reg. 14625, effective August 26, 1993; emergency amendment at 17 Ill. Reg.

15149, effective September 7, 1993, for a maximum of 150 days; peremptory amendment at 17

Ill. Reg. 17477, effective October 1, 1993; expedited correction at 17 Ill. Reg. 21216, effective

October 1, 1993; amended at 18 Ill. Reg. 2033, effective January 21, 1994; emergency

amendment at 18 Ill. Reg. 2509, effective January 27, 1994, for a maximum of 150 days;


effective June 3, 1994; amended at 18 Ill. Reg. 12829, effective August 5, 1994; amended at 18

Ill. Reg. 14103, effective August 26, 1994; amended at 19 Ill. Reg. 5626, effective March 31,

1995; amended at 19 Ill. Reg. 6648, effective May 5, 1995; emergency amendment at 19 Ill. Reg.

12705, effective September 1, 1995, for a maximum of 150 days; peremptory amendment at 19

Ill. Reg. 13595, effective October 1, 1995; amended at 20 Ill. Reg. 1593, effective January 11,

1996; peremptory amendment at 20 Ill. Reg. 2229, effective January 17, 1996; amended at 20 Ill.

Reg. 7902, effective June 1, 1996; amended at 20 Ill. Reg. 11935, effective August 14, 1996;


days; emergency amendment at 20 Ill. Reg. 13668, effective October 8, 1996, for a maximum of

150 days; amended at 21 Ill. Reg. 3156, effective February 28, 1997; amended at 21 Ill. Reg.

7733, effective June 4, 1997; recodified from the Department of Public Aid to the Department of

Human Services at 21 Ill. Reg. 9322; emergency amendment at 22 Ill. Reg. 1954, effective

January 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 5502, effective March 4,

1998; amended at 22 Ill. Reg. 7969, effective May 15, 1998; emergency amendment at 22 Ill.

Reg. 10660, effective June 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill.

Reg. 12167, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16230,

effective September 1, 1998; amended at 22 Ill. Reg. 19787, effective October 28, 1998;

emergency amendment at 22 Ill. Reg. 19934, effective November 1, 1998, for a maximum of 150

days; amended at 22 Ill. Reg. 20099, effective November 1, 1998; emergency amendment at 23

Ill. Reg. 2601, effective February 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg.

3374, effective March 1, 1999; amended at 23 Ill. Reg. 7285, effective June 18, 1999; emergency



days; amended at 24 Ill. Reg. 4180, effective March 2, 2000; amended at 24 Ill. Reg. 10198,

effective June 27, 2000; amended at 24 Ill. Reg. 15428, effective October 10, 2000; emergency



21




January 25, 2001; emergency amendment at 25 Ill. Reg. 2439, effective January 29, 2001, for a

maximum of 150 days; emergency amendment at 25 Ill. Reg. 3707, effective March 1, 2001, for

a maximum of 150 days; emergency expired July 28, 2001; amended at 25 Ill. Reg. 7720,


Ill. Reg. 11856, effective August 31, 2001; emergency amendment at 25 Ill. Reg. 13309,

effective October 1, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 151, effective

January 1, 2002; amended at 26 Ill. Reg. 2025, effective February 1, 2002; amended at 26 Ill.

Reg. 13530, effective September 3, 2002; peremptory amendment at 26 Ill. Reg. 15099, effective

October 1, 2002; amended at 26 Ill. Reg. 16484, effective October 25, 2002; amended at 27 Ill.

Reg. 2889, effective February 7, 2003; expedited correction at 27 Ill. Reg. 14262, effective

February 7, 2003; amended at 27 Ill. Reg. 4583, effective February 28, 2003; amended at 27 Ill.

Reg. 7273, effective April 7, 2003; amended at 27 Ill. Reg. 12569, effective July 21, 2003;

peremptory amendment at 27 Ill. Reg. 15604, effective October 1, 2003; amended at 27 Ill. Reg.

16108, effective October 6, 2003; amended at 27 Ill. Reg. 18445, effective November 20, 2003;


effective February 13, 2004; amended at 28 Ill. Reg. 10393, effective July 6, 2004; peremptory

amendment at 28 Ill. Reg. 13834, effective October 1, 2004; emergency amendment at 28 Ill.

Reg. 15323, effective November 10, 2004, for a maximum of 150 days; emergency expired April

8, 2005; amended at 29 Ill. Reg. 2701, effective February 4, 2005; amended at 29 Ill. Reg. 5499,

effective April 1, 2005; peremptory amendment at 29 Ill. Reg. 12132, effective July 14, 2005;


days; emergency expired March 2, 2006; peremptory amendment at 29 Ill. Reg. 16538, effective

October 4, 2005; emergency amendment at 30 Ill. Reg. 7804, effective April 6, 2006, for a

maximum of 150 days; emergency expired September 2, 2006; amended at 30 Ill. Reg. 11236,


Ill. Reg. 15681, effective September 12, 2006; peremptory amendment at 30 Ill. Reg. 16470,

effective October 1, 2006; amended at 31 Ill. Reg. 6991, effective April 30, 2007; amended at 31

Ill. Reg. 10482, effective July 9, 2007; amended at 31 Ill. Reg. 11318, effective July 23, 2007;

peremptory amendment at 31 Ill. Reg. 14372, effective October 1, 2007; amended at 32 Ill. Reg.

2813, effective February 7, 2008; amended at 32 Ill. Reg. 4380, effective March 12, 2008;


June 23, 2008; peremptory amendment at 32 Ill. Reg. 16905, effective October 1, 2008;

peremptory amendment to Sections 121.94(c), 121.96(d)(2) and 121.150(b) suspended at 32 Ill.

Reg. 18908, effective November 19, 2008; suspension withdrawn by the Joint Committee on

Administrative Rules at 33 Ill. Reg. 200, effective February 5, 2009; peremptory amendment

repealed by emergency rulemaking at 33 Ill. Reg. 3514, effective February 5, 2009, for a

maximum of 150 days; peremptory amendment at 32 Ill. Reg. 18092, effective November 15,

2008; emergency amendment at 33 Ill. Reg. 4187, effective February 24, 2009, for a maximum


21



of 150 days; emergency expired July 23, 2009; peremptory amendment at 33 Ill. Reg. 5537,

effective April 1, 2009; emergency amendment at 33 Ill. Reg. 11322, effective July 20, 2009, for

a maximum of 150 days; emergency expired December 16, 2009; amended at 33 Ill. Reg. 12802,

effective September 3, 2009; amended at 33 Ill. Reg. 14121, effective September 22, 2009;


days; emergency expired March 11, 2010; amended at 33 Ill. Reg. 16875, effective November


4777, effective March 17, 2010; amended at 34 Ill. Reg. 5295, effective April 12, 2010; amended

at 34 Ill. Reg. 5823, effective April 19, 2010; emergency amendment at 34 Ill. Reg. 6967,

effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010;

amended at 34 Ill. Reg. 7265, effective May 10, 2010; amended at 34 Ill. Reg. 7685, effective

May 18, 2010; amended at 34 Ill. Reg. 12547, effective August 11, 2010; peremptory

amendment at 34 Ill. Reg. 15543, effective October 1, 2010; amended at 35 Ill. Reg. 1042,

effective December 28, 2010; amended at 35 Ill. Reg. 7688, effective April 29, 2011; amended at

35 Ill. Reg. 10119, effective June 7, 2011; peremptory amendment at 35 Ill. Reg. 16118,

effective October 1, 2011; peremptory amendment at 35 Ill. Reg. 16904, effective October 1,

2011; amended at 35 Ill. Reg. 17120, effective October 5, 2011; amended at 35 Ill. Reg. 18780,

effective October 28, 2011; amended at 35 Ill. Reg. 19278, effective November 8, 2011;

amended at 35 Ill. Reg. 19778, effective December 5, 2011; peremptory amendment at 36 Ill.

Reg. 15148, effective October 1, 2012; emergency amendment at 37 Ill. Reg. 15423, effective

September 9, 2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 16016,

effective October 1, 2013; emergency amendment at 37 Ill. Reg. 16845, effective October 1,

2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 17983, effective


Reg. 5382, effective February 7, 2014; emergency amendment at 38 Ill. Reg. 8414, effective

April 1, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 17616, effective August 8,

2014; peremptory amendment at 38 Ill. Reg. 19831, effective October 1, 2014; amended at 39 Ill.

Reg. 6470, effective April 22, 2015; peremptory amendment at 39 Ill. Reg. 13513, effective

October 1, 2015; amended at 39 Ill. Reg. 15577, effective December 1, 2015; amended at 40 Ill.

Reg. 360, effective January 1, 2016; peremptory amendment at 40 Ill. Reg. 14114, effective

October 1, 2016; peremptory amendment at 41 Ill. Reg. 12905, effective October 1, 2017;

amended at 42 Ill. Reg. 8310, effective May 4, 2018; amended at 42 Ill. Reg. 8505, effective

May 8, 2018; peremptory amendment at 42 Ill. Reg. 18531, effective October 1, 2018; amended

at 43 Ill. Reg. 360, effective December 20, 2018; peremptory amendment at 43 Ill. Reg. 11035,

effective October 1, 2019; emergency amendment at 43 Ill. Reg. 11718, effective October 1,

2019, for a maximum of 150 days; emergency amendment at 43 Ill. Reg. 11953, effective

October 1, 2019, for a maximum of 150 days; emergency expired February 27, 2020; emergency

amendment at 43 Ill. Reg. 14449, effective November 26, 2019, for a maximum of 150 days;

amended at 44 Ill. Reg. 3265, effective February 5, 2020; amended at 44 Ill. Reg. 5348, effective


21



March 11, 2020; amended at 44 Ill. Reg. 6984, effective April 16, 2020; amended at 44 Ill. Reg.

9944, effective May 20, 2020; peremptory amendment at 44 Ill. Reg. 16551, effective October 1,

2020; amended at 44 Ill. Reg. 19892, effective December 14, 2020; peremptory amendment at 45

Ill. Reg. 2154, effective January 29, 2021.

SUBPART D: ELIGIBILITY STANDARDS

Section 121.64 Supplemental Nutrition Assistance Program (SNAP) Benefit Amount

a) The monthly Supplemental Nutrition Assistance Program (SNAP) benefit amount

is determined by subtracting 30% of the adjusted net monthly income from the

maximum monthly SNAP benefit amount.

b) Maximum Monthly SNAP Benefit Amount:

Household Size Amount

1 ........................................................... $234204

2 ........................................................... $430374

3 ........................................................... $616535

4 ........................................................... $782680

5 ........................................................... $929807

6 ........................................................... $1,114969

7 ........................................................... $1,2321,071

8 ........................................................... $1,4081,224

Each additional member ........................ $176153

c) All one and two-person households will receive a minimum monthly food stamp

benefit amount of $1916.

(Source: Amended by peremptory rulemaking at 45 Ill. Reg. 2154, effective January 29,

2021)


21

SECRETARY OF STATE

NOTICE OF CORRECTION TO NOTICE ONLY

1) Heading of the Part: School Bus Driver Permit


3) The Notice of Emergency Rule being corrected appeared at: 45 Ill. Reg. 1222; January

22, 2021

4) The information being corrected is as follows: The date the emergency rule was filed

with the Secretary of State Index Department (January 6, 2021) was inadvertently entered

as the answer to item number 6. Item 6 should read:

6) If this emergency rule will expire before the end of the 150-day period, please specify the

date on which it is to expire: This emergency rule will expire at the end of the 150 days

or upon adoption of the permanent rule, whichever occurs first.


21

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

The following second notices were received during the period of January 25, 2021 through

February 1, 2021. These rulemakings are scheduled for the February 16, 2021 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

3/12/21 Department of Natural Resources, Boat and

Snowmobile Registration and Safety (17 Ill.

Adm. Code 2010)

11/30/20

44 Ill. Reg.

18631

2/16/21

3/12/21 Illinois Community College Board,

Administration of the Illinois Public

Community College Act (23 Ill. Adm. Code

1501)

11/6/20

44 Ill. Reg.

17524

2/16/21

3/13/21 Central Management Services, Pay Plan (80

Ill. Adm. Code 310)

12/11/20

44 Ill. Reg.

19115

2/16/21

3/13/21 Department of Healthcare and Family

Services, Medical Payment (89 Ill. Adm.

Code 140)

11/6/20

44 Ill. Reg.

17559

2/16/21

3/13/21 Department of Revenue, Income Tax (86

Ill. Adm. Code 100)

11/30/20

44 Ill. Reg.

18641

2/16/21

3/13/21 Illinois Gaming Board, Video Gaming

(General) (11 Ill. Adm. Code 1800)

3/20/20

44 Ill. Reg.

4265

2/16/20


21

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

3/14/21 Department of Transportation, Inspection

Procedures for Type I School Buses (92 Ill.

Adm. Code 441)

12/4/20

44 Ill. Reg.

18910

2/16/21


Procedures for Type II School Buses (92

Ill. Adm. Code 443)

12/4/20

44 Ill. Reg.

18916

2/16/21

3/14/21 Department of Transportation,

Nonscheduled Bus Inspections (92 Ill.

Adm. Code 456)

12/4/20

44 Ill. Reg.

18922

2/16/21


Procedures for Multifunction School Buses

(92 Ill. Adm. Code 436)

12/4/20

44 Ill. Reg.

18890

2/16/21


Procedures for Special Vehicles (92 Ill.

Adm. Code 438)

12/4/20

44 Ill. Reg.

18896

2/16/21

3/14/21 Office of the Illinois State Treasurer,

Achieving a Better Life Experience

(ABLE) Account Program (74 Ill. Adm.

Code 722)

12/4/20

44 Ill. Reg.

18867

2/16/21

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates

Rules acted upon in Volume 45, Issue 7 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 89 - 220 ....................... 1753 89 - 230 ....................... 1764 23 - 1 ....................... 1777 23 - 380 ....................... 1802 ADOPTED RULES 80 - 1100 2/1/2021 ....................... 1808 68 - 1251 1/28/2021 ....................... 1814 68 - 1283 1/28/2021 ....................... 1818 68 - 1295 1/28/2021 ....................... 1828 68 - 1375 1/28/2021 ....................... 1837 68 - 1465 1/28/2021 ....................... 1849 68 - 1480 1/28/2021 ....................... 1856 80 - 1200 2/1/2021 ....................... 1865 80 - 1210 2/1/2021 ....................... 1872 80 - 1220 2/1/2021 ....................... 1880 80 - 1230 2/1/2021 ....................... 1887 80 - 1300 2/1/2021 ....................... 1896 17 - 810 1/27/2021 ....................... 1898 86 - 100 1/29/2021 ....................... 2006 23 - 2500 1/29/2021 ....................... 2052 EMERGENCY RULES 8 - 250 2/5/2021 ....................... 2071 77 - 295 1/27/2021 ....................... 2076 77 - 330 1/27/2021 ....................... 2084 77 - 340 1/27/2021 ....................... 2098 77 - 350 1/27/2021 ....................... 2108 77 - 370 1/27/2021 ....................... 2123 77 - 380 1/27/2021 ....................... 2133 77 - 390 1/27/2021 ....................... 2141 PEREMPTORY RULES 89 - 121 1/29/2021 ....................... 2154