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ILLINOIS REGISTER RULES OF GOVERNMENTAL AGENCIES
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com
Printed on recycled paper
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TABLE OF CONTENTS
September 18, 2020 Volume 44, Issue 38
PROPOSED RULES STATE POLICE, ILLINOIS DEPARTMENT OF
Firearm Owners Identification Card Act
20 Ill. Adm. Code 1230..........................................................................14826
Firearm Concealed Carry Act Procedures
20 Ill. Adm. Code 1231..........................................................................14828
LABOR, DEPARTMENT OF
Illinois Child Labor Law
56 Ill. Adm. Code 250............................................................................14830
REVENUE, DEPARTMENT OF
Retailers' Occupation Tax
86 Ill. Adm. Code 130............................................................................14837
ADOPTED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF
Acquisition, Management and Disposal of Real Property
44 Ill. Adm. Code 5000..........................................................................14851
POLLUTION CONTROL BOARD
General Rules
35 Ill. Adm. Code 101............................................................................14867
Appeals of Final Decisions of State Agencies
35 Ill. Adm. Code 105............................................................................14897
Major Stationary Sources Construction and Modification
35 Ill. Adm. Code 203............................................................................14916
Prevention of Significant Destruction
35 Ill. Adm. Code 204............................................................................14923
Definitions and General Provisions
35 Ill. Adm. Code 211............................................................................15009
Organic Material Emission Standards and Limitations
35 Ill. Adm. Code 215............................................................................15032
RCRA and UIC Permit Programs
35 Ill. Adm. Code 702............................................................................15047
RCRA Permit Program
35 Ill. Adm. Code 703............................................................................15055
Hazardous Waste Management System: General
35 Ill. Adm. Code 720............................................................................15067
Identification and Listing of Hazardous Waste
35 Ill. Adm. Code 721............................................................................15142
Standards Applicable to Generators of Hazardous Waste
35 Ill. Adm. Code 722............................................................................15263
Standards Applicable to Transporters of Hazardous Waste
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35 Ill. Adm. Code 723............................................................................15331
Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities
35 Ill. Adm. Code 724............................................................................15347
Interim Status Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities
35 Ill. Adm. Code 725............................................................................15374
Standards for the Management of Specific Hazardous Waste and
Specific Types of Hazardous Waste Management Facilities
35 Ill. Adm. Code 726............................................................................15427
Land Disposal Restrictions
35 Ill. Adm. Code 728............................................................................15495
Standards for Universal Waste Management
35 Ill. Adm. Code 733............................................................................15520
Solid Waste Disposal: General Provisions
35 Ill. Adm. Code 810............................................................................15557
Standards for New Solid Waste Landfills
35 Ill. Adm. Code 811............................................................................15577
PUBLIC HEALTH, DEPARTMENT OF
Emergency Medical Services, Trauma Center, Comprehensive Stroke
Center, Primary Stroke Center and Acute Stroke Ready Hospital Code
77 Ill. Adm. Code 515............................................................................15619
AIDS Drug Assistance Program
77 Ill. Adm. Code 692............................................................................15759
Control of Sexually Transmissible Infections Code
77 Ill. Adm. Code 693............................................................................15764
HIV/AIDS Confidentiality and Testing Code
77 Ill. Adm. Code 697............................................................................15770
Grade A Pasteurized Milk and Milk Products
77 Ill. Adm. Code 775............................................................................15779
Drinking Water Systems Code
77 Ill. Adm. Code 900............................................................................15785
EMERGENCY RULES STATE POLICE, ILLINOIS DEPARTMENT OF
Firearm Owners Identification Card Act
20 Ill. Adm. Code 1230..........................................................................15819
Firearm Concealed Carry Act Procedures
20 Ill. Adm. Code 1231..........................................................................15823
SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES
Second Notices Received…...........................................................................15828
OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE
ILLINOIS REGISTER REVENUE, DEPARTMENT OF
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2020 First and Second Quarter Sales & Miscellaneous Tax
Sunshine Index…………….................................................................15830
2020 First and Second Quarter Income Tax Sunshine Index........................15835
EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDER
Executive Order In Response to COVID-19
(COVID-19 Executive Order No. 50)
2020-54………………...........................................................................15839
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INTRODUCTION
The Illinois Register is the official state document for publishing public notice of rulemaking
activity initiated by State governmental agencies. The table of contents is arranged categorically
by rulemaking activity and alphabetically by agency within each category.
Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of
existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and
Proclamations issued by the Governor; notices of public information required by State Statute;
and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint
Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors
the rulemaking activities of State Agencies; is also published in the Register.
The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules
adopted by State agencies). The most recent edition of the Code, along with the Register,
comprise the most current accounting of State agencies' rulemakings.
The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois
Administrative Procedure Act [5 ILCS 100/1-1, et seq.].
ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2020
Issue# Rules Due Date Date of Issue
1 December 23, 2019 January 3, 2020
2 December 30, 2019 January 10, 2020
3 January 6, 2020 January 17, 2020
4 January 13, 2020 January 24, 2020
5 January 21, 2020 January 31, 2020
6 January 27, 2020 February 7, 2020
7 February 3, 2020 February 14, 2020
8 February 10, 2020 February 21, 2020
9 February 18, 2020 February 28, 2020
10 February 24, 2020 March 6, 2020
11 March 2, 2020 March 13, 2020
12 March 9, 2020 March 20, 2020
13 March 16, 2020 March 27, 2020
14 March 23, 2020 April 3, 2020
15 March 30, 2020 April 10, 2020
16 April 6, 2020 April 17, 2020
17 April 13, 2020 April 24, 2020
18 April 20, 2020 May 1, 2020
19 April 27, 2020 May 8, 2020
20 May 4, 2020 May 15, 2020
21 May 11, 2020 May 22, 2020
22 May 18, 2020 May 29, 2020
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23 May 26, 2020 June 5, 2020
24 June 1, 2020 June 12, 2020
25 June 8, 2020 June 19, 2020
26 June 15, 2020 June 26, 2020
27 June 22, 2020 July 6, 2020
28 June 29, 2020 July 10, 2020
29 July 6, 2020 July 17, 2020
30 July 13, 2020 July 24, 2020
31 July 20, 2020 July 31, 2020
32 July 27, 2020 August 7, 2020
33 August 3, 2020 August 14, 2020
34 August 10, 2020 August 21, 2020
35 August 17, 2020 August 28, 2020
36 August 24, 2020 September 4, 2020
37 August 31, 2020 September 11, 2020
38 September 8, 2020 September 18, 2020
39 September 14, 2020 September 25, 2020
40 September 21, 2020 October 2, 2020
41 September 28, 2020 October 9, 2020
42 October 5, 2020 October 16, 2020
43 October 13, 2020 October 23, 2020
44 October 19, 2020 October 30, 2020
45 October 26, 2020 November 6, 2020
46 November 2, 2020 November 13, 2020
47 November 9, 2020 November 20, 2020
48 November 16, 2020 November 30, 2020
49 November 23, 2020 December 4, 2020
50 November 30, 2020 December 11, 2020
51 December 7, 2020 December 18, 2020
52 December 14, 2020 December 28, 2020
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ILLINOIS REGISTER 14826
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ILLINOIS STATE POLICE
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Firearm Owners Identification Card Act
2) Code Citation: 20 Ill. Adm. Code 1230
3) Section Number: Proposed Action:
1230.30 Amendment
4) Statutory Authority: Implementing and authorized by the Firearm Owners Identification
Card Act [430 ILCS 65] and authorized by Section 2605-120 of the Civil Administrative
Code of Illinois [20 ILCS 2605].
5) A Complete Description of the Subjects and Issues Involved: Due to the Gubernatorial
Disaster proclamations, this emergency rulemaking amends the FOID rules to extend the
expiration date for a FOID card for the period of the proclamations and the following 18
months. This extension is valid provided that the FOID card holder has submitted a
renewal application and the FOID card has not been revoked by ISP.
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? Yes
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This amendment will not require a local
government to establish, expend, or modify its activities in such a way as to necessitate
additional expenditures from local revenues.
12) Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Interested persons may comment to:
Ms Yvette C. Loizon
Chief Legal Counsel
Illinois State Police
801 South 7th Street, Suite 1000-S
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ILLINOIS REGISTER 14827
20
ILLINOIS STATE POLICE
NOTICE OF PROPOSED AMENDMENT
Springfield IL 62703
217/782-7658
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: This rule was not
included on either of the 2 most recent agendas because the need for it was unanticipated.
The full text of the Proposed Amendment is identical to the text of the Emergency Amendment
for this Part and begins in this issue of the Illinois Register on page 15819.
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ILLINOIS REGISTER 14828
20
ILLINOIS STATE POLICE
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Firearm Concealed Carry Act Procedures
2) Code Citation: 20 Ill. Adm. Code 1231
3) Section Number: Proposed Action:
1231.60 Amendment
4) Statutory Authority: Implements the Firearm Concealed Carry Act [430 ILCS 66] and
authorized by Section 95 of that Act.
5) A Complete Description of the Subjects and Issues Involved: Due to the Gubernatorial
Disaster proclamations, this emergency rulemaking amends the FCCL rules to extend the
expiration date for a license for the period of the proclamations and the following 18
months. This extension is valid provided that the FCCL holder has submitted a renewal
application and the FCCL has not been revoked by ISP.
6) Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: These rules will not require a local government
to establish, expend, or modify its activities in such a way as to necessitate additional
expenditures from local revenues.
12) Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: Interested persons may comment to:
Ms Yvette C. Loizon
Chief Legal Counsel
Illinois State Police
801 South 7th Street, Suite 1000-S
Springfield IL 62703
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ILLINOIS REGISTER 14829
20
ILLINOIS STATE POLICE
NOTICE OF PROPOSED AMENDMENT
217/782-7658
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: This rule was not
included on either of the 2 most recent agendas because the need for it was unanticipated.
The full text of the Proposed Amendment is identical to the text of the Emergency Amendment
for this Part and begins in this issue of the Illinois Register on page 15823.
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ILLINOIS REGISTER 14830
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Illinois Child Labor Law
2) Code Citation: 56 Ill. Adm. Code 250
3) Section Number: Proposed Action:
250.400 Amendment
4) Statutory Authority: 820 ILCS 205/16
5) A Complete Description of the Subjects and Issues Involved: The proposed rule is
amending and codifying an emergency rule that is in place. It would allow issuing
officers to implement a remote application process in lieu of an in-person application as
required in 820 ILCS 205 Section 12 for minors seeking employment. The remote
application process enables the issuing officers to receive all required documents,
confirms the identification and consent of parent/legal guardians and requires
participation of video or conference call with parent and minor to adhere to the intent of
the Act. The emergency rule was put in place in response to the COVID-19 pandemic as
social distancing policies and physical access to schools and education district offices
became standard practice. Electronic submission utilizes current technology and is
becoming the preferred method in the field. Additionally, that statute currently provides
a remote application for out-of-state minors seeking employment in Illinois. The
Department believes this process should not be more restrictive on Illinois resident
minors than out-of-state minors. Moreover, the intent of the statute to facilitate minors
ability to work during non-school hours and breaks.
6) Published studies and reports, and sources of underlying data, used to compose this
rulemaking: None
7) Will this rulemaking replace an emergency rule currently in effect? Yes
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a
mandate as described in Section 3(b) of the State Mandates Act.
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ILLINOIS REGISTER 14831
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
12) Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: Comments on this proposed rulemaking may be submitted in writing for a
period of 45 days following publication of this Notice. Comments should be submitted
to:
Jason Keller
Illinois Department of Labor
900 South Spring St.
Springfield IL 62704
217/782-1706
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: No adverse impact.
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
anticipated at the time of the last Regulatory Agenda was published.
The full text of the Proposed Amendment begins on the next page:
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ILLINOIS REGISTER 14832
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 250
ILLINOIS CHILD LABOR LAW
SUBPART A: DEFINITIONS
Section
250.100 Definition of the Act
250.105 Definitions
250.110 Minor (Repealed)
250.115 Agriculture (Repealed)
250.120 Week (Repealed)
250.125 Work (Repealed)
250.130 Time Record (Repealed)
250.135 Premises (Repealed)
250.140 Suffer (Repealed)
250.145 Garage (Repealed)
250.150 Employer and All Interested Parties (Repealed)
SUBPART B: EMPLOYMENT CONDITIONS SUBJECT TO THE ACT
Section
250.200 Employers Subject to the Act
250.205 Minors Assisting Employees of Tax Supported School Lunch Programs
250.210 Movie Theaters
250.215 Car Wash
250.220 Employment in or about Airfields
250.225 Office and Ice Cream Dispensing Equipment
250.230 Enclosed, Self-sealing Automatic Dishwashers
250.235 Power Driven Machinery
250.240 Exhibition Park or Place of Amusement
250.245 Employment in Establishments Selling Package Liquors
250.250 Shopping Malls and Similar Structures Containing Two or More Buildings
250.255 Performances in Alcoholic Beverage Serving Establishments Excepting those
Theatrical Productions in Sec. 8 of the Act
250.260 Employment of Minors as Models
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ILLINOIS REGISTER 14833
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
250.265 Parent/Guardian Required Presence at Performance
250.270 Non-Resident Minor Seeking Employment
SUBPART C: HOURS OF EMPLOYMENT
Section
250.300 Number of Days Employment Limit
250.302 Section 8.1(a) Work Hours Exception
250.305 Applying for a Section 8.1(b) Work Hours Waiver
250.310 Issuance of a Section 8.1(b) Work Hours Waiver
250.315 Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirements
SUBPART D: EMPLOYMENT CERTIFICATE ISSUING OFFICERS
Section
250.400 Responsibilities of Issuing Officers are responsible for:
SUBPART E: RESPONSIBILITIES OF EMPLOYERS
Section
250.500 The Employer shall:
SUBPART F: APPLICABILITY OF THE ILLINOIS
ADMINISTRATIVE PROCEDURE ACT
Section
250.600 Revocation of Employment Certificates; Civil Penalty Assessments
SUBPART G: HEARING PROCESS
Section
250.700 Procedure and Time Table for Suspension or Revocation of Employment
Certificates
250.705 Procedure for Child Labor Penalty Assessment
250.710 Assessing Penalties
250.715 Procedure for Contested Cases; Suspension or Revocation of Employment
Certificates; Final Determinations of Civil Penalties
SUBPART H: EMPLOYER VIOLATIONS
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ILLINOIS REGISTER 14834
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
Section
250.800 Minimum Age
250.805 Hours of Work
250.810 Meal Period
250.815 Posting of Hours
250.820 Time Record
250.825 Hazardous Occupations
250.830 Minor Under Sixteen Appearing in Theatrical Productions
250.835 Employment Certificate Required
250.840 Duties of Employers
250.845 Violations of Section 250.260 of the Rules and Regulations Pertaining to
Employment of Minors as Models
250.850 Parent/Guardian Not Present at Performance
250.855 Minors Under Sixteen Appearing in Television or Motion Picture Productions
250.860 Minors: Athletic or Acrobatic Activity and Stunts
AUTHORITY: Implementing Section 16 of the Illinois Child Labor Law [820 ILCS 205].
SOURCE: Adopted at 2 Ill. Reg. 22, p. 64, effective May 23, 1979; amended at 5 Ill. Reg. 902,
effective January 14, 1981; codified at 8 Ill. Reg. 18483; emergency amendment at 15 Ill. Reg.
16132, effective October 25, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 5335,
effective March 24, 1992; emergency amendment at 18 Ill. Reg. 16699, effective October 25,
1994, for a maximum of 150 days; amended at 19 Ill. Reg. 6564, effective May 2, 1995;
amended at 20 Ill. Reg. 6449, effective April 29, 1996; emergency amendment at 24 Ill. Reg.
17850, effective November 20, 2000, for a maximum of 150 days; emergency expired April 10,
2001; amended at 25 Ill. Reg. 864, effective January 5, 2001; amended at 25 Ill. Reg. 6291,
effective April 20, 2001; amended at 36 Ill. Reg. 314, effective December 22, 2011; emergency
amendment at 44 Ill. Reg. 10210, effective May 29, 2020, for a maximum of 150 days; amended
at 44 Ill. Reg. ______, effective ____________.
SUBPART D: EMPLOYMENT CERTIFICATE ISSUING OFFICERS
Section 250.400 Responsibilities of Issuing Officers are responsible for:
Issuing officers are responsible for:
a) A knowledge of the Child Labor Law, this Partthe Rules and Regulations issued
thereto, and the Department of Labor Publication "Procedures for Issuance of
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ILLINOIS REGISTER 14835
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
Certificates under the Illinois Child Labor Law".
b) Issuing legal employment certificates and maintaining necessary records to
comply with SectionsSection 10 through Section 12 of the Act.
c) A determination of the legality of the minor's proposed employment and whether
or not the minor is academically and physically capable of performing the work in
addition to the school requirements. If any one of the three tests isare not
satisfied, the issuing officer shall refuse to issue the employment certificate and
notify the minor and the proposed employer of thesuch refusal.
d) The petitioning of the Department of Labor to suspend any employment
certificate found to be illegally or improperly issued, or whenwhere it is believed
the employment is interfering with the best physical, intellectual or moral
development of the minor.
e) Issuance upon request of Certificate of Age for individuals sixteen (16) through
nineteen (19) years of age, inclusive.
f) Require a parent or legal guardian seeking a work permit on behalf a minor to
submit the following documents, through either a secure electronic transmission
or certified U.S. Mail, to protect personal identifiable information such as
birthdates, addresses, social security numbers, or any other document that may be
confidential in nature, as required by the issuing officers in accordance with
Section 12 of the Act, if in-person applications are not possible:
1) the application for employment;
2) the documents listed in Section 12 (1 through 4) of the Act; and
3) a copy of a government issued photo identification for the person
designated as the parent or legal guardian on the minor's birth certificate
or court order regarding adoption or guardianship.
g) Perform the following actions when an in-person interview with the minor and
parents or legal guardians are not possible:
1) receive and review the documents listed in subsection (f) in advance of the
interview;
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ILLINOIS REGISTER 14836
20
ILLINOIS DEPARTMENT OF LABOR
NOTICE OF PROPOSED AMENDMENT
2) schedule and host a video conference interview, with the minor seeking
the employment certificate and the minor's parent or legal guardian
simultaneously, to confirm consent to seek employment and verify the
completeness of documents required by Section 12 (1 through 4) of the
Act and subsection (f) of this Section at the time of the interview;
3) if a parent or legal guardian does not have access to video technology,
telephonically interview the parent or guardian. In this circumstance, the
issuing officer must provide the Department with a statement indicating
the video interview was not possible and that a telephone interview was
conducted; and
4) e-mail a copy of the approved employment certificate to the Department
(Source: Amended at 44 Ill. Reg. ______, effective ____________)
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ILLINOIS REGISTER 14837
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Retailers' Occupation Tax
2) Code Citation: 86 Ill. Adm. Code 130
3) Section Number: Proposed Action:
130.915 New Section
4) Statutory Authority: 35 ILCS 120/11
5) A Complete Description of the Subjects and Issues Involved: Section 11 of the Retailers'
Occupation Tax Act provides that "[a]ll information received by the Department from
returns filed under this Act, or from any investigation conducted under this Act, shall be
confidential, except for official purposes…." The purpose of this rulemaking is to provide
that when the Department is engaged in a joint investigation with a law enforcement
authority to enforce the Retailers' Occupation Tax Act or another tax Act administered by
the Department, it is an official purpose within the meaning of Section 11 of the
Retailers' Occupation Tax Act [35 ILCS 120/11] for the Department to furnish
information it receives in administering the Retailers' Occupation Tax Act with the law
enforcement authority.
6) Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7) Will this rulemaking replace an emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a
mandate as described in Section 3(b) of the State Mandates Act.
12) Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: Persons who wish to submit comments on this proposed rulemaking may
submit them in writing by no later than 45 days after publication of this Notice to:
Samuel J. Moore
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ILLINOIS REGISTER 14838
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Illinois Department of Revenue
Legal Services Office
101 W. Jefferson St.
Springfield IL 62702
217/782-2844
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations
affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
included on either of the 2 most recent agendas because it is an initiative approved after
the most recent regulatory agenda was published.
The full text of the Proposed Amendment begins on the next page:
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ILLINOIS REGISTER 14839
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 130
RETAILERS' OCCUPATION TAX
SUBPART A: NATURE OF TAX
Section
130.101 Character and Rate of Tax
130.105 Responsibility of Trustees, Receivers, Executors or Administrators
130.110 Occasional Sales
130.111 Sale of Used Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental
Business
130.115 Habitual Sales
130.120 Nontaxable Transactions
SUBPART B: SALE AT RETAIL
Section
130.201 The Test of a Sale at Retail
130.205 Sales for Transfer Incident to Service
130.210 Sales of Tangible Personal Property to Purchasers for Resale
130.215 Further Illustrations of Sales for Use or Consumption Versus Sales for Resale
130.220 Sales to Lessors of Tangible Personal Property
130.225 Drop Shipments
SUBPART C: CERTAIN STATUTORY EXEMPTIONS
Section
130.305 Farm Machinery and Equipment
130.310 Food, Soft Drinks and Candy
130.311 Drugs, Medicines, Medical Appliances and Grooming and Hygiene Products
130.315 Fuel Sold for Use in Vessels on Rivers Bordering Illinois
130.320 Gasohol, Majority Blended Ethanol, Biodiesel Blends, and 100% Biodiesel
130.321 Fuel Used by Air Common Carriers in Flights Engaged in Foreign Trade or
Engaged in Trade Between the United States and any of its Possessions
130.325 Graphic Arts Machinery and Equipment Exemption
130.330 Manufacturing Machinery and Equipment
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ILLINOIS REGISTER 14840
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
130.331 Manufacturer's Purchase Credit
130.332 Automatic Vending Machines
130.335 Pollution Control Facilities and Low Sulfur Dioxide Emission Coal-Fueled
Devices
130.340 Rolling Stock
130.341 Commercial Distribution Fee Sales Tax Exemption
130.345 Oil Field Exploration, Drilling and Production Equipment
130.350 Coal Exploration, Mining, Off Highway Hauling, Processing, Maintenance and
Reclamation Equipment
130.351 Aggregate Exploration, Mining, Off Highway Hauling, Processing, Maintenance
and Reclamation Equipment
SUBPART D: GROSS RECEIPTS
Section
130.401 Meaning of Gross Receipts
130.405 How to Avoid Paying Tax on State or Local Tax Passed on to the Purchaser
130.410 Cost of Doing Business Not Deductible
130.415 Transportation and Delivery Charges
130.420 Finance or Interest Charges – Penalties – Discounts
130.425 Traded-In Property
130.430 Deposit or Prepayment on Purchase Price
130.435 State and Local Taxes Other Than Retailers' Occupation Tax
130.440 Penalties
130.445 Federal Taxes
130.450 Installation, Alteration and Special Service Charges
130.455 Motor Vehicle Leasing and Trade-In Allowances
SUBPART E: RETURNS
Section
130.501 Monthly Tax Returns – When Due – Contents
130.502 Quarterly Tax Returns
130.505 Returns and How to Prepare
130.510 Annual Tax Returns
130.515 First Return
130.520 Final Returns When Business is Discontinued
130.525 Who May Sign Returns
130.530 Returns Covering More Than One Location Under Same Registration – Separate
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ILLINOIS REGISTER 14841
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Returns for Separately Registered Locations
130.535 Payment of the Tax, Including Quarter Monthly Payments in Certain Instances
130.540 Returns on a Transaction by Transaction Basis
130.545 Registrants Must File a Return for Every Return Period
130.550 Filing of Returns for Retailers by Suppliers Under Certain Circumstances
130.551 Prepayment of Retailers' Occupation Tax on Motor Fuel
130.552 Alcoholic Liquor Reporting
130.555 Vending Machine Information Returns
130.560 Verification of Returns
SUBPART F: INTERSTATE COMMERCE
Section
130.601 Preliminary Comments (Repealed)
130.605 Sales of Property Originating in Illinois; Questions of Interstate Commerce
130.610 Sales of Property Originating in Other States (Repealed)
SUBPART G: CERTIFICATE OF REGISTRATION
Section
130.701 General Information on Obtaining a Certificate of Registration
130.705 Procedure in Disputed Cases Involving Financial Responsibility Requirements
130.710 Procedure When Security Must be Forfeited
130.715 Sub-Certificates of Registration
130.720 Separate Registrations for Different Places of Business of Same Taxpayer Under
Some Circumstances
130.725 Display
130.730 Replacement of Certificate
130.735 Certificate Not Transferable
130.740 Certificate Required For Mobile Vending Units
130.745 Revocation of Certificate
SUBPART H: BOOKS AND RECORDS
Section
130.801 Books and Records − General Requirements
130.805 What Records Constitute Minimum Requirement
130.810 Records Required to Support Deductions
130.815 Preservation and Retention of Records
-
ILLINOIS REGISTER 14842
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
130.820 Preservation of Books During Pendency of Assessment Proceedings
130.825 Department Authorization to Destroy Records Sooner Than Would Otherwise be
Permissible
SUBPART I: PENALTIES AND INTEREST
Section
130.901 Civil Penalties
130.905 Interest
130.910 Criminal Penalties
130.915 Criminal Investigations
SUBPART J: BINDING OPINIONS
Section
130.1001 When Opinions from the Department are Binding
SUBPART K: SELLERS LOCATED ON, OR SHIPPING TO, FEDERAL AREAS
Section
130.1101 Definition of Federal Area
130.1105 When Deliveries on Federal Areas Are Taxable
130.1110 No Distinction Between Deliveries on Federal Areas and Illinois Deliveries
Outside Federal Areas
SUBPART L: TIMELY MAILING TREATED AS TIMELY FILING AND PAYING
Section
130.1201 General Information
130.1205 Due Date that Falls on Saturday, Sunday or a Holiday
SUBPART M: LEASED PORTIONS OF LESSOR'S BUSINESS SPACE
Section
130.1301 When Lessee of Premises Must File Return for Leased Department
130.1305 When Lessor of Premises Should File Return for Business Operated on Leased
Premises
130.1310 Meaning of "Lessor" and "Lessee" in this Regulation
-
ILLINOIS REGISTER 14843
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
SUBPART N: SALES FOR RESALE
Section
130.1401 Seller's Responsibility to Determine the Character of the Sale at the Time of the
Sale
130.1405 Seller's Responsibility to Obtain Certificates of Resale and Requirements for
Certificates of Resale
130.1410 Requirements for Certificates of Resale (Repealed)
130.1415 Resale Number – When Required and How Obtained
130.1420 Blanket Certificate of Resale (Repealed)
SUBPART O: CLAIMS TO RECOVER ERRONEOUSLY PAID TAX
Section
130.1501 Claims for Credit – Limitations – Procedure
130.1505 Disposition of Credit Memoranda by Holders Thereof
130.1510 Refunds
130.1515 Interest
SUBPART P: PROCEDURE TO BE FOLLOWED UPON
SELLING OUT OR DISCONTINUING BUSINESS
Section
130.1601 When Returns are Required After a Business is Discontinued
130.1605 When Returns Are Not Required After Discontinuation of a Business
130.1610 Cross Reference to Bulk Sales Regulation
SUBPART Q: NOTICE OF SALES OF GOODS IN BULK
Section
130.1701 Bulk Sales: Notices of Sales of Business Assets
SUBPART R: POWER OF ATTORNEY
Section
130.1801 When Powers of Attorney May be Given
130.1805 Filing of Power of Attorney With Department
130.1810 Filing of Papers by Agent Under Power of Attorney
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ILLINOIS REGISTER 14844
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
SUBPART S: SPECIFIC APPLICATIONS
Section
130.1901 Addition Agents to Plating Baths
130.1905 Agricultural Producers
130.1910 Antiques, Curios, Art Work, Collectors' Coins, Collectors' Postage Stamps and
Like Articles
130.1915 Auctioneers and Agents
130.1920 Barbers and Beauty Shop Operators
130.1925 Blacksmiths
130.1930 Chiropodists, Osteopaths and Chiropractors
130.1934 Community Water Supply
130.1935 Computer Software
130.1940 Construction Contractors and Real Estate Developers
130.1945 Co-operative Associations
130.1946 Tangible Personal Property Used or Consumed in Graphic Arts Production within
Enterprise Zones Located in a County of more than 4,000 Persons and less than
45,000 Persons
130.1947 Tangible Personal Property Used or Consumed in the Process of Manufacturing
and Assembly within Enterprise Zones or by High Impact Businesses
130.1948 Tangible Personal Property Used or Consumed in the Operation of Pollution
Control Facilities Located within Enterprises Zones
130.1949 Sales of Building Materials Incorporated into the South Suburban Airport
130.1950 Sales of Building Materials Incorporated into the Illiana Expressway
130.1951 Sales of Building Materials Incorporated into Real Estate within Enterprise Zones
130.1952 Sales of Building Materials to a High Impact Business
130.1953 Sales of Building Materials to be Incorporated into a Redevelopment Project Area
within an Intermodal Terminal Facility Area
130.1954 Sales of Building Materials Incorporated into Real Estate within River Edge
Redevelopment Zones
130.1955 Farm Chemicals
130.1956 Dentists
130.1957 Tangible Personal Property Used in the Construction or Operation of Data
Centers
130.1960 Finance Companies and Other Lending Agencies – Installment Contracts – Bad
Debts
130.1965 Florists and Nurserymen
130.1970 Hatcheries
130.1971 Sellers of Pets and the Like
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ILLINOIS REGISTER 14845
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
130.1975 Operators of Games of Chance and Their Suppliers
130.1980 Optometrists and Opticians
130.1985 Pawnbrokers
130.1990 Peddlers, Hawkers and Itinerant Vendors
130.1995 Personalizing Tangible Personal Property
130.2000 Persons Engaged in the Printing, Graphic Arts or Related Occupations, and Their
Suppliers
130.2004 Sales to Nonprofit Arts or Cultural Organizations
130.2005 Persons Engaged in Nonprofit Service Enterprises and in Similar Enterprises
Operated As Businesses, and Suppliers of Such Persons
130.2006 Sales by Teacher-Sponsored Student Organizations
130.2007 Exemption Identification Numbers
130.2008 Sales by Nonprofit Service Enterprises
130.2009 Personal Property Purchased Through Certain Fundraising Events for the Benefit
of Certain Schools
130.2010 Persons Who Rent or Lease the Use of Tangible Personal Property to Others
130.2011 Sales to Persons Who Lease Tangible Personal Property to Exempt Hospitals
130.2012 Sales to Persons Who Lease Tangible Personal Property to Governmental Bodies
130.2013 Persons in the Business of Both Renting and Selling Tangible Personal Property –
Tax Liabilities, Credit
130.2015 Persons Who Repair or Otherwise Service Tangible Personal Property
130.2020 Physicians and Surgeons
130.2025 Picture-Framers
130.2030 Public Amusement Places
130.2035 Registered Pharmacists and Druggists
130.2040 Retailers of Clothing
130.2045 Retailers on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea
Markets and the Like
130.2050 Sales and Gifts By Employers to Employees
130.2055 Sales by Governmental Bodies
130.2060 Sales of Alcoholic Beverages, Motor Fuel and Tobacco Products
130.2065 Sales of Automobiles for Use In Demonstration (Repealed)
130.2070 Sales of Containers, Wrapping and Packing Materials and Related Products
130.2075 Sales To Construction Contractors, Real Estate Developers and Speculative
Builders
130.2076 Sales to Purchasers Performing Contracts with Governmental Bodies
130.2080 Sales to Governmental Bodies, Foreign Diplomats and Consular Personnel
130.2085 Sales to or by Banks, Savings and Loan Associations and Credit Unions
130.2090 Sales to Railroad Companies
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ILLINOIS REGISTER 14846
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
130.2095 Sellers of Gasohol, Coal, Coke, Fuel Oil and Other Combustibles
130.2100 Sellers of Feeds and Breeding Livestock
130.2101 Sellers of Floor Coverings
130.2105 Sellers of Newspapers, Magazines, Books, Sheet Music and Musical Recordings,
and Their Suppliers; Transfer of Data Downloaded Electronically
130.2110 Sellers of Seeds and Fertilizer
130.2115 Sellers of Machinery, Tools and Special Order Items
130.2120 Suppliers of Persons Engaged in Service Occupations and Professions
130.2125 Discount Coupons, Gift Situations, Trading Stamps, Automobile Rebates and
Dealer Incentives
130.2130 Undertakers and Funeral Directors
130.2135 Vending Machines
130.2140 Vendors of Curtains, Slip Covers and Other Similar Items Made to Order
130.2145 Vendors of Meals
130.2150 Vendors of Memorial Stones and Monuments
130.2155 Tax Liability of Sign Vendors
130.2156 Vendors of Steam
130.2160 Vendors of Tangible Personal Property Employed for Premiums, Advertising,
Prizes, Etc.
130.2165 Veterinarians
130.2170 Warehousemen
SUBPART T: DIRECT PAYMENT PROGRAM
Section
130.2500 Direct Payment Program
130.2505 Qualifying Transactions, Non-transferability of Permit
130.2510 Permit Holder's Payment of Tax
130.2515 Application for Permit
130.2520 Qualification Process and Requirements
130.2525 Application Review
130.2530 Recordkeeping Requirements
130.2535 Revocation and Withdrawal
130.ILLUSTRATION A Examples of Tax Exemption Cards
130.ILLUSTRATION B Example of Notice of Revocation of Certificate of Registration
130.ILLUSTRATION C Food Flow Chart
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ILLINOIS REGISTER 14847
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
AUTHORITY: Implementing the Illinois Retailers' Occupation Tax Act [35 ILCS 120] and
authorized by Section 2505-25 of the Department of Revenue Law [20 ILCS 2505].
SOURCE: Adopted July l, 1933; amended at 2 Ill. Reg. 50, p. 71, effective December 10, 1978;
amended at 3 Ill. Reg. 12, p. 4, effective March 19, 1979; amended at 3 Ill. Reg. 13, pp. 93 and
95, effective March 25, 1979; amended at 3 Ill. Reg. 23, p. 164, effective June 3, 1979; amended
at 3 Ill. Reg. 25, p. 229, effective June 17, 1979; amended at 3 Ill. Reg. 44, p. 193, effective
October 19, 1979; amended at 3 Ill. Reg. 46, p. 52, effective November 2, 1979; amended at 4
Ill. Reg. 24, pp. 520, 539, 564 and 571, effective June l, 1980; amended at 5 Ill. Reg. 818,
effective January 2, 1981; amended at 5 Ill. Reg. 3014, effective March 11, 1981; amended at 5
Ill. Reg. 12782, effective November 2, 1981; amended at 6 Ill. Reg. 2860, effective March 3,
1982; amended at 6 Ill. Reg. 6780, effective May 24, 1982; codified at 6 Ill. Reg. 8229;
recodified at 6 Ill. Reg. 8999; amended at 6 Ill. Reg. 15225, effective December 3, 1982;
amended at 7 Ill. Reg. 7990, effective June 15, 1983; amended at 8 Ill. Reg. 5319, effective April
11, 1984; amended at 8 Ill. Reg. 19062, effective September 26, 1984; amended at 10 Ill. Reg.
1937, effective January 10, 1986; amended at 10 Ill. Reg. 12067, effective July l, 1986; amended
at 10 Ill. Reg. 19538, effective November 5, 1986; amended at 10 Ill. Reg. 19772, effective
November 5, 1986; amended at 11 Ill. Reg. 4325, effective March 2, 1987; amended at 11 Ill.
Reg. 6252, effective March 20, 1987; amended at 11 Ill. Reg. 18284, effective October 27, 1987;
amended at 11 Ill. Reg. 18767, effective October 28, 1987; amended at 11 Ill. Reg. 19138,
effective October 29, 1987; amended at 11 Ill. Reg. 19696, effective November 23, 1987;
amended at 12 Ill. Reg. 5652, effective March 15, 1988; emergency amendment at 12 Ill. Reg.
14401, effective September 1, 1988, for a maximum of 150 days, modified in response to an
objection of the Joint Committee on Administrative Rules at 12 Ill. Reg. 19531, effective
November 4, 1988, not to exceed the 150 day time limit of the original rulemaking; emergency
expired January 29, 1989; amended at 13 Ill. Reg. 11824, effective June 29, 1989; amended at 14
Ill. Reg. 241, effective December 21, 1989; amended at 14 Ill. Reg. 872, effective January 1,
1990; amended at 14 Ill. Reg. 15463, effective September 10, 1990; amended at 14 Ill. Reg.
16028, effective September 18, 1990; amended at 15 Ill. Reg. 6621, effective April 17, 1991;
amended at 15 Ill. Reg. 13542, effective August 30, 1991; amended at 15 Ill. Reg. 15757,
effective October 15, 1991; amended at 16 Ill. Reg. 1642, effective January 13, 1992; amended
at 17 Ill. Reg. 860, effective January 11, 1993; amended at 17 Ill. Reg. 18142, effective October
4, 1993; amended at 17 Ill. Reg. 19651, effective November 2, 1993; amended at 18 Ill. Reg.
1537, effective January 13, 1994; amended at 18 Ill. Reg. 16866, effective November 7, 1994;
amended at 19 Ill. Reg. 13446, effective September 12, 1995; amended at 19 Ill. Reg. 13568,
effective September 11, 1995; amended at 19 Ill. Reg. 13968, effective September 18, 1995;
amended at 20 Ill. Reg. 4428, effective March 4, 1996; amended at 20 Ill. Reg. 5366, effective
March 26, 1996; amended at 20 Ill. Reg. 6991, effective May 7, 1996; amended at 20 Ill. Reg.
9116, effective July 2, 1996; amended at 20 Ill. Reg. 15753, effective December 2, 1996;
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ILLINOIS REGISTER 14848
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
expedited correction at 21 Ill. Reg. 4052, effective December 2, 1996; amended at 20 Ill. Reg.
16200, effective December 16, 1996; amended at 21 Ill. Reg. 12211, effective August 26, 1997;
amended at 22 Ill. Reg. 3097, effective January 27, 1998; amended at 22 Ill. Reg. 11874,
effective June 29, 1998; amended at 22 Ill. Reg. 19919, effective October 28, 1998; amended at
22 Ill. Reg. 21642, effective November 25, 1998; amended at 23 Ill. Reg. 9526, effective July 29,
1999; amended at 23 Ill. Reg. 9898, effective August 9, 1999; amended at 24 Ill. Reg. 10713,
effective July 7, 2000; emergency amendment at 24 Ill. Reg. 11313, effective July 12, 2000, for a
maximum of 150 days; amended at 24 Ill. Reg. 15104, effective October 2, 2000; amended at 24
Ill. Reg. 18376, effective December 1, 2000; amended at 25 Ill. Reg. 941, effective January 8,
2001; emergency amendment at 25 Ill. Reg. 1792, effective January 16, 2001, for a maximum of
150 days; amended at 25 Ill. Reg. 4674, effective March 15, 2001; amended at 25 Ill. Reg. 4950,
effective March 19, 2001; amended at 25 Ill. Reg. 5398, effective April 2, 2001; amended at 25
Ill. Reg. 6515, effective May 3, 2001; expedited correction at 25 Ill. Reg. 15681, effective May
3, 2001; amended at 25 Ill. Reg. 6713, effective May 9, 2001; amended at 25 Ill. Reg. 7264,
effective May 25, 2001; amended at 25 Ill. Reg. 10917, effective August 13, 2001; amended at
25 Ill. Reg. 12841, effective October 1, 2001; amended at 26 Ill. Reg. 958, effective January 15,
2002; amended at 26 Ill. Reg. 1303, effective January 17, 2002; amended at 26 Ill. Reg. 3196,
effective February 13, 2002; amended at 26 Ill. Reg. 5369, effective April 1, 2002; amended at
26 Ill. Reg. 5946, effective April 15, 2002; amended at 26 Ill. Reg. 8423, effective May 24,
2002; amended at 26 Ill. Reg. 9885, effective June 24, 2002; amended at 27 Ill. Reg. 795,
effective January 3, 2003; emergency amendment at 27 Ill. Reg. 11099, effective July 7, 2003,
for a maximum of 150 days; emergency expired December 3, 2003; amended at 27 Ill. Reg.
17216, effective November 3, 2003; emergency amendment at 27 Ill. Reg. 18911, effective
November 26, 2003, for a maximum of 150 days; emergency expired April 23, 2004; amended at
28 Ill. Reg. 9121, effective June 18, 2004; amended at 28 Ill. Reg. 11268, effective July 21,
2004; emergency amendment at 28 Ill. Reg. 15193, effective November 3, 2004, for a maximum
of 150 days; emergency expired April 1, 2005; amended at 29 Ill. Reg. 7004, effective April 26,
2005; amended at 31 Ill. Reg. 3574, effective February 16, 2007; amended at 31 Ill. Reg. 5621,
effective March 23, 2007; amended at 31 Ill. Reg. 13004, effective August 21, 2007; amended at
31 Ill. Reg. 14091, effective September 21, 2007; amended at 32 Ill. Reg. 4226, effective March
6, 2008; emergency amendment at 32 Ill. Reg. 8785, effective May 29, 2008, for a maximum of
150 days; emergency expired October 25, 2008; amended at 32 Ill. Reg. 10207, effective June
24, 2008; amended at 32 Ill. Reg. 17228, effective October 15, 2008; amended at 32 Ill. Reg.
17519, effective October 24, 2008; amended at 32 Ill. Reg. 19128, effective December 1, 2008;
amended at 33 Ill. Reg. 1762, effective January 13, 2009; amended at 33 Ill. Reg. 2345, effective
January 23, 2009; amended at 33 Ill. Reg. 3999, effective February 23, 2009; amended at 33 Ill.
Reg. 15781, effective October 27, 2009; amended at 33 Ill. Reg. 16711, effective November 20,
2009; amended at 34 Ill. Reg. 9405, effective June 23, 2010; amended at 34 Ill. Reg. 12935,
effective August 19, 2010; amended at 35 Ill. Reg. 2169, effective January 24, 2011; amended at
-
ILLINOIS REGISTER 14849
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
36 Ill. Reg. 6662, effective April 12, 2012; amended at 38 Ill. Reg. 12909, effective June 9,
2014; amended at 38 Ill. Reg. 17060, effective July 25, 2014; amended at 38 Ill. Reg. 17421,
effective July 31, 2014; amended at 38 Ill. Reg. 17756, effective August 6, 2014; amended at 38
Ill. Reg. 19998, effective October 1, 2014; amended at 39 Ill. Reg. 1793, effective January 12,
2015; amended at 39 Ill. Reg. 12597, effective August 26, 2015; amended at 39 Ill. Reg. 14616,
effective October 22, 2015; amended at 40 Ill. Reg. 6130, effective April 1, 2016; amended at 40
Ill. Reg. 13448, effective September 9, 2016; amended at 41 Ill. Reg. 10721, effective August 1,
2017; amended at 42 Ill. Reg. 2850, effective January 26, 2018; amended at 43 Ill. Reg. 4201,
effective March 20, 2019; amended at 43 Ill. Reg. 5069, effective April 17, 2019; amended at 43
Ill. Reg. 8865, effective July 30, 2019; emergency amendment at 43 Ill. Reg. 9841, effective
August 21, 2019, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 552,
effective December 27, 2019, for a maximum of 150 days; emergency expired May 24, 2020;
emergency amendment at 44 Ill. Reg. 2055, effective January 13, 2020, for a maximum of 180
days; amended at 44 Ill. Reg. 5392, effective March 16, 2020; amended at 44 Ill. Reg. 10981,
effective June 10, 2020; amended at 44 Ill. Reg. 13975, effective August 11, 2020; amended at
44 Ill. Reg. ______, effective ____________.
SUBPART I: PENALTIES AND INTEREST
Section 130.915 Criminal Investigations
a) All information received by the Department from returns filed under the Retailers'
Occupation Tax Act [35 ILCS 120], or from any investigation conducted under
the Retailers' Occupation Tax Act, shall be confidential, except for official
purposes, and any person who divulges any such information in any manner,
except in accordance with a proper judicial order or as otherwise provided by
law, shall be guilty of a Class B misdemeanor with a fine not to exceed $7,500.
(Section 11 of the Act)
b) When the Department is engaged in a joint investigation with a law enforcement
authority, including, but not limited to, State agency law enforcement, federal
agency law enforcement, county sheriffs or municipal police, to enforce the
Retailers' Occupation Tax Act (ROTA) or another tax Act administered by the
Department, it is an official purpose within the meaning of Section 11 of ROTA
for the Department to furnish information it receives in administering ROTA with
the law enforcement authority. The information shall be provided pursuant to a
written agreement and shall be subject to all confidentiality provisions of Section
11 of ROTA. The written agreement shall provide for reciprocity, limitations on
access, disclosure, and procedures for requesting information. A person receiving
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ILLINOIS REGISTER 14850
20
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
information pursuant to an official purpose who divulges any such information in
any manner, except in accordance with a proper judicial order or as otherwise
provided by law, shall be guilty of a Class B misdemeanor with a fine not to
exceed $7,500.
(Source: Added at 44 Ill. Reg. ______, effective ____________)
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ILLINOIS REGISTER 14851
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Acquisition, Management and Disposal of Real Property
2) Code Citation: 44 Ill. Adm. Code 5000
3) Section Numbers: Adopted Actions:
5000.340 Amendment
5000.APPENDIX A Amendment
4) Statutory Authority: Implementing Section 7.1 of the State Property Control Act [30
ILCS 605], implementing and authorized by Sections 5-675 [20 ILCS 5], 405-215, 405-
300, 405-305, 405-310 and 405-315 [20 ILCS 405] of the Civil Administrative Code of
Illinois and authorized by Section 6 of the State Property Control Act [30 ILCS 605] and
the Illinois Procurement Code [30 ILCS 500].
5) Effective Date of Rules: September 1, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted 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. 8454; May 22, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Difference between Proposal and Final Version: No changes were made.
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? No changes were requested by JCAR.
13) Will this rulemaking replace any emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: The amendments update the statewide space
standards in order to promote efficient and cost-effective use of facilities, support
flexibility, and provide employees with productive work environments.
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ILLINOIS REGISTER 14852
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
16) Information and questions regarding these adopted rules shall be directed to:
Sean Coombe
Department of Central Management Services
720 Stratton Office Building
Springfield IL 62706
217/782-2141
The full text of the Adopted Amendments begins on the next page:
-
ILLINOIS REGISTER 14853
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE D: PROPERTY MANAGEMENT
CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 5000
ACQUISITION, MANAGEMENT AND DISPOSAL OF REAL PROPERTY
SUBPART A: GENERAL
Section
5000.100 Authority
5000.110 Policy
5000.120 Applicability
SUBPART B: LEASED SPACE ACQUISITION POLICY
Section
5000.200 General Policy and Responsibility
5000.210 Requests for Space/Agency Responsibilities
5000.220 Acquisition Authority
5000.230 General Acquisition Procedures
5000.231 Acquisition of Leases by RFI
5000.232 Leases Acquired by Other Methods
5000.233 Renewal or Extension of Lease in Effect Prior to July 1, 1998
5000.234 Renewal of Leases Entered into After July 1, 1998
5000.235 Purchase Options
5000.240 Lease Administration
5000.250 Emergency Lease Procurement
SUBPART C: BUILDING STANDARDS
Section
5000.300 Scope
5000.310 Area Measurement
5000.320 Space Planning Assistance
5000.330 Open Space
5000.340 Space Allowance and Standards
5000.350 Office Furnishing
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ILLINOIS REGISTER 14854
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
5000.360 Handicapped Accessibility
5000.370 Vending Facilities/Blind Operators
5000.380 Improvements
SUBPART D: ASSIGNMENT AND MANAGEMENT OF SPACE
Section
5000.400 Assignment and Management by DCMS
5000.410 Assignment by Agencies
5000.420 Reviews and Appeal of Space Assignment Actions
5000.430 Services Provided
5000.440 Alterations
5000.450 Local Requirements
SUBPART E: UTILIZATION OF SPACE
(STATE-OWNED AND LEASED PROPERTIES)
Section
5000.500 Space Inspections and Surveys
5000.510 Responsibility of Agencies
5000.520 Release of Space notNot Fully Utilized
5000.530 Notice to DCMS of Relinquishment or Termination of Space
SUBPART F: EXCESS REAL PROPERTY
Section
5000.600 Excess Real Property Defined
5000.610 Reports of Excess Real Property
5000.620 Utilization of Excess Real Property
5000.630 Charges for Use of Excess Property
5000.640 Temporary Occupancy
5000.650 Disputes
5000.660 Non-State Use
SUBPART G: SURPLUS REAL PROPERTY
Section
5000.700 Surplus Real Property Defined
5000.710 Declaration of Surplus
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ILLINOIS REGISTER 14855
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
5000.720 Reporting Surplus Real Property
5000.730 Notice of Availability to State Agencies
5000.740 State Agency Requests for Surplus Real Property
5000.750 Transfer Decisions
5000.760 Transfer Procedures
5000.770 Transfer to Department of Central Management Services
5000.780 Subsequent Disposal
5000.790 Sale of Surplus
5000.800 Notice of Sale to Local Governments
5000.810 Local Government Offer to Purchase
5000.820 Public Sale
5000.830 Public Sale Procedures
5000.840 Non-State Interim Use
SUBPART H: USE OF OFFICE BUILDING
Section
5000.900 Applicability
5000.901 Building Access and Security
5000.902 Security
5000.910 Definitions
5000.920 Business Hours and Public Access
5000.930 Prohibited Activities
5000.940 Demonstrations
5000.950 Exhibits and Special Events
5000.960 Distribution of Leaflets
5000.970 Severability
5000.APPENDIX A Space Standards
5000.APPENDIX B Rental Fees
AUTHORITY: Implementing Section 7.1 of the State Property Control Act [30 ILCS 605],
implementing and authorized by Sections 5-675 [20 ILCS 5], 405-215, 405-300, 405-305, 405-
310 and 405-315 [20 ILCS 405] of the Civil Administrative Code of Illinois and authorized by
Section 6 of the State Property Control Act [30 ILCS 605] and the Illinois Procurement Code [30
ILCS 500].
SOURCE: Adopted at 6 Ill. Reg. 12984, effective October 13, 1982; emergency amendment at 7
Ill. Reg. 3743, effective March 18, 1983, for a maximum of 150 days; amended at 7 Ill. Reg.
-
ILLINOIS REGISTER 14856
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
7825, effective June 22, 1983; emergency amendment at 8 Ill. Reg. 13444, effective July 17,
1984, for a maximum of 150 days; codified at 8 Ill. Reg. 19345; amended at 10 Ill. Reg. 636,
effective December 31, 1985; amended at 17 Ill. Reg. 1006, effective January 19, 1993;
emergency amendment at 17 Ill. Reg. 2361, effective February 5, 1993, for a maximum of 150
days; amended at 17 Ill. Reg. 10753, effective July 1, 1993; amended at 18 Ill. Reg. 1886,
effective January 21, 1994; emergency amendment at 17 Ill. Reg. 15653, effective September 9,
1993, for a maximum of 150 days; amended at 19 Ill. Reg. 585, effective January 9, 1995;
amended at 20 Ill. Reg. 15002, effective November 7, 1996; emergency amendment at 22 Ill.
Reg. 12569, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 20545,
effective November 16, 1998; emergency amendment at 25 Ill. Reg. 15438, effective November
16, 2001, for a maximum of 150 days; emergency expired April 14, 2002; 26 Ill. Reg. 8083,
effective May 17, 2002; amended at 27 Ill. Reg. 2105, effective January 27, 2003; emergency
amendment at 29 Ill. Reg. 15686 effective November 17, 2004, for a maximum of 150 days;
emergency expired April 15, 2005; amended at 30 Ill. Reg. 14094, effective August 10, 2006;
amended at 31 Ill. Reg. 99, effective December 20, 2006; recodified Title of the Part at 39 Ill.
Reg. 5903; emergency amendment at 44 Ill. Reg. 13754, effective August 10, 2020, for a
maximum of 150 days; amended at 44 Ill. Reg. 14851, effective September 1, 2020.
SUBPART C: BUILDING STANDARDS
Section 5000.340 Space Allowance and Standards
a) In Appendix A, DCMS is providing space standards that support efficient and
cost-effective use of facilities, support flexibility, and provide employees with
productive work environments. These space standards dictate the allotment of
individual, collaborative, and support space. In planning office space, size and
layout shall be consistent with the standards listed in Appendix A. Agency
implementation of these space standards shall be done in cooperation with DCMS
and shall support the needs of the agency. These DCMS space standards are
implemented to reduce costs, optimize the State facilities portfolio, and minimize
construction costs, while providing employees with better workspace in which
they can collaborate, focus, and serve the citizens of the State of Illinois.
b) These standards shall apply to upgrades, renovations and new construction of
State agency facilities. No rearrangement or remodeling of existing space will be
authorized for the sole purpose of conforming to these standards.
c) Individual agency functions and needs, and physical variations in State property,
may require variations in the amount of space assigned. The division of agency
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ILLINOIS REGISTER 14857
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
space into private, semi-private and open areas will be evaluated by DCMS on a
case-by-case basis.Space allowed for specific personnel and operations should not
exceed that which is necessary to work efficiently and effectively. In planning
office space, size and layout should be consistent with the standards listed in
Appendix A. It is recognized, however, that agency functions and needs and
physical variations in buildings will cause variations in the amount of space
assigned, and its division into private, semi-private and open areas. No
rearrangement or remodeling of existing space shall be authorized for the sole
purpose of conforming to these standards.
(Source: Amended at 44 Ill. Reg. 14851, effective September 1, 2020)
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ILLINOIS REGISTER 14858
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
Section 5000.APPENDIX A Space Standards
These space standards guide the design of interior spaces by establishing policies and
requirements to provide State employees with functional work environments appropriate for their
required tasks, maximize the efficient use of space, and enhance work areas for all employees
and the public. Please note that, in some cases and based upon operations, unique functions and
existing building conditions and dimensions that do not meet the space requirements of this
Appendix may be greater and/or smaller than what is indicated. DCMS will evaluate and make
final recommendations on a case by case basis.
These space standards will be reflected in the Space Request form, which is available from
DCMS.
In the analysis of the basic units of activity, the following standards of space were developed to
reflect the requirement of recurring, typical activities. The standards provide the occupant of
each work station with space sufficient to conduct his/her business in an efficient manner. The
amount of space allocated to each activity type includes allowances for various units of
equipment and intrawork station circulation. Additional allowances are used for supporting
space for each job position, as well as general circulation, conference rooms, library, reception
area, special storage, and other unusual space requirements.
A) Enclosed Interior Office Space Standards
Enclosed private office space for agency Directors, Deputy Directors, the head of a
Division, Bureau or Office, and similar employees requiring space to conduct private and
confidential business shall be sized in accordance with one of the following 3 types.
1. Small Office Type: 100 through 120 SF
2. Medium Office Type: 120 through 150 SF
3. Large Office Type: 225 through 250 SF
B) Open Interior Work Station Space Standards
1. All open interior work stations shall be sized in accordance with the following
(for work stations and cubicles):
a. Bench Type: 25 SF to 30 SF work areas and desks, with or without
separators
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ILLINOIS REGISTER 14859
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
b. Small Cubicle Type*: 36 SF
c. Medium Cubicle Type: 48 SF
d. Large Cubicle Type: 64 SF to 80 SF
2. Huddle/Collaboration Areas:
a. For 4 Staff: 64 SF
b. For 6 to 8 Staff: 144 SF
c. For 10 to 14 Staff: 225 SF
3. Reception Areas:
a. With No Waiting: 100 through 120 SF
b. With 4-6 Chairs for Waiting: 144 through 160 SF
c. With 8-12 Chairs for Waiting: 225 through 250 SF
Part-time or Field Personnel
Whenever personnel use the assigned space less than 50% of the work week, the area
allowances shall be adjusted to maximize efficient space utilization. Generally, 60 square
feet or less should be adequate. If operational requirements permit, desks and space
should be shared by multiple staff.
C) Common Space Standards
1. New conference rooms shall have appropriate sizes (20 SF per person with
required circulation and clearances) and may be smaller in size than the
dimensions listed in a, b and c. All requests shall be evaluated by DCMS to
determine the size of the conference room that can be constructed:
a. Small Conference Room for 6 to 10 Staff: 100 through 144 SF
b. Medium Conference Room for 14 to 16 Staff: 400 through 425 SF
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ILLINOIS REGISTER 14860
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
c. Large Conference/Training Room for 20+ Staff: 625 through 750 SF
2. Breakrooms and Kitchenettes:
a. Small Breakroom: 120 through 150 SF
b. Medium Breakroom for 8 to 10 Staff: 225 through 250 SF
c. Large Breakroom for 20+ Staff: 400 through 425 SF
3. New storage area requests will be evaluated by DCMS to determine if physical
walls are required. DCMS will determine the appropriate size of the storage
room, which may be smaller than the following dimensions:
a. Small Storage Area: 100 through 150 SF
b. Medium Storage Area: 225 through 250 SF
c. Large Storage Area: 400 through 425 SF
D) Federal Space Standards
Agencies requesting to use standards other than those established in this Appendix shall
supply a copy of those standards to DCMS. In instances in which federal regulations
require the use of federal space standards, the agency shall estimate its space
requirements in accordance with the federal standards.These space allocation standards
are in accordance with Part II, Section 3.20 of the Rules established by the Department of
Central Management Services.It is recognized, however, that agency functions and needs
and physical variations in buildings will cause variations in the amount of space assigned
and its division into private, semi-private and open areas. Therefore, the space occupied
by the agency would rarely exactly equal the net space requirement.
A) Office Space Standards
Position Category Code Job Classification Examples
Area
Allowances
Space*
Type
Executive E Commissioner 250-300 P
Director of Dept. 275-300 P
Deputy Director 200-250 P
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ILLINOIS REGISTER 14861
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
(Exec. Area Allowance) 200-300
Administrator A Re. Adm./Mgr. 175-250 PC,P
Division Chief 180-250 PC,P
Asst. Div. Chief 150-185 PC,P
(Admn. Area Allowance) 150-250
Middle Mgmt./
Supervisory
S Supv. of Small Unit (12 or
less)
100-125 PC,P
Supv. of Large Unit (13 or
more)
125-150 PC,P
Clerical Supv. 75-175 O,PC,P
Manager (up to 20
subordinates)
125-150 PC,P
Manager (over 20
subordinates)
150-175 PC,P
(Middle Mgmt./Supv. Area
Allow.)
75-175 O,PC,P
Position Category Code Job Classification Examples
Area
Allowances
Space*
Type
**Professional P Attorney 90-130
to 150
O,S,SC
PC,P
Architect 90-125
to 150
O,S,SC
PC,P
Exec. Acct. 95-125
to 165
O,S,SC
PC,P
Env. Scientist 90-110
to 150
O,S,SC
PC,P
Data Proc. Analyst 90-110
to 150
O,S,SC
PC,P
Human Serv. Consultant 90-100
to 125
O,S,SC
PC,P
Bhvrl. Scientist 90-100
to 125
O,S,SC
PC,P
(Prof. Area Allow.) 99-130
to 165
O,S,SC
PC,P
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ILLINOIS REGISTER 14862
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
**Technical/Prof T Draftsman 60-85 O,S,SC
Nurse 50-75 O
Auditor 45-60 O,S,SC
Bank Examiner 40-55 O
Data I/O Operator 45-55 O,S,SC
Programmer 65-85 O,S,SC
Accountant 45-65 O,S,SC
Para-Legal 65-90 S,SC
(Technical Prof. Area
Allowance)
40-90
to 100
O,S,SC
PC,P
**Clerical C Clerk 140-70 O
Sec./Recept. 50-100 O
Receptionist 50-75 O
Word Processing Specialist 60-70 O
(Clerical Area Allowance) 40-100 O
***Field Personnel
(Positions where
personnel are out of
the office more that
50% of the time)
F Pub. Hlth. Inspec. 45-50 O,S
Caseworker 45-60 O,S
Parole Counselor 45-60 O,S
(Field Personnel Allowance) 40-60 O,S
*P – Private Office Space PC – Private Cubicle O – Open Space
S – Semi-Private Office Space SC – Shared Cubicle
** Any request for Professional, Technical or Clerical private office space must include
justification. Security, Confidentiality, Private consultation or other good cause may
constitute justification.
*** Part-time or field personnel: Whenever personnel use the assigned space less than 50%
of the work week, the area allowances shall be adjusted to maximize efficient space
utilization. Generally, sixty (60) square feet or less should be adequate, and, if
operational requirements permit, desks and space should be shared by two (2) or more
staff.
B) Common Functional Standards
1. Conference Rooms – space allocation will be determined on the basis of:
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ILLINOIS REGISTER 14863
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
• average number of persons attending'
• frequency of meetings (average number per month);
• average length of sessions;
• availability of private office space and;
• special requirements, e.g. dais, blackboard, projector and screen, etc.
Conference rooms should be established only when they will be in use at least 15
hours per week. Approximately 20 half-day sessions per month are considered
capacity for one room. Allow approximately 20 square feet per person.
Average number
in Attendance
Area Allowance
NSF
Required
4 10' X 10' 100
6 10' X 15' 150
10 11'4" X 20'/12'6" X 20' 225-250
12 12' X 20'/15' X 20' 240-300
14 15' X 20'/15' X 25' 300-375
20 20' X 20'/20' X 25' 400-500
24 20' X 25'/20' X 30' 500-600
30 20' X 30'/20' X 35' 600-700
2. Reception/Client Areas – In establishing reception/client areas, agencies shall
consider:
• average number of callers each day;
• type of callers;
• maximum seating requirements; and,
• special requirements, e.g. writing tables, bulletin board, coat rack, etc.
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ILLINOIS REGISTER 14864
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DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
Space requirement is based on average visitor load at 10-15 square feet per person
per hour plus circulation space. (This allowance does not include space
requirement for receptionist.
3. Libraries – Space requirements is based on measurement of equipment plus
circulation. Despite the fact that there is considerable variation in size of books,
the following formulas may be used to estimate the amount of space required for
books:
Open reading rooms: 7 volumes per lineal foot; 50 books per
foot of standard height wall shelving; or,
100 books per foot of double faced
shelving.
Book stack areas: 15 books per square foot (includes
aisles), or 2 books per cubic foot.
Approximately 50 long play phonograph
records may be shelved on one lineal
foot of wall shelving.
4. Exhibit Areas, Duplicating Rooms, Mail Rooms, Supply Rooms – Space
allocation based on measurement of equipment plus circulation.
5. Furniture and Equipment – These standards are to be used only if the designated
furniture is not included in a private office or part of an employee's work station.
Area requirements for other furniture and equipment can be determined by
measuring the items. If access or circulation space is required, this should also be
included.
Typical Item Square Feet
DESKS (additional)
Desk, single pedestal, 45" X 30" 10
Desk, typing, 60" X 30" with 32" typing platform 26
Desk, typing, 60' X 30" with 62" typing platform 38
Desk, double pedestal, 55" X 30" 12
Desk, double pedestal, 60" X 30" 13
Desk, double pedestal, 60" X 36" 15
Desk, double pedestal, 70" X 36" 18
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ILLINOIS REGISTER 14865
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
Desk, double pedestal, 78" X 36" 20
CHAIRS (additional)
Chair, swivel/posture 10
Chair, side 8
Stool, swivel 10
Chair, club 9
Settee, 2 seater 17
Settee, 3 seater 23
Chair, stacking 5
TABLES
Table, multipurpose, 60" X 30" 12
Table, multipurpose, 72" X 36" 18
Table, conference, 72" X 48" 24
Table, conference, 96" X 48" 32
Table, end, 26" X 16" 3
Table, reception, 45" X 19" 6
Table, machine, 19" X 13" 3
Table, drafting, 72" X 40" 20
Table, round center, 42" diameter 10
FILES
File, vertical, 18" X 29" 9
File, lateral, 36" X 18" 13
File, lateral, 42" X 18" 15
File, flat plans, 54" X 43" 35
MISCELLANEOUS
Storage shelving – floor length time 5 feet length X 5'
Work Station Unit (prefabricated), 72" X 23" 12
Copier, 56" X 27" 18
Credenza, 70" X 20" 19
Telephone cabinet, 30" X 15" 7
Storage cabinet, 36" X 18" 9
Bookcase, 38" X 15"
Reception Counter (includes counter and receptionist work
space) – length length X 5'
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ILLINOIS REGISTER 14866
20
DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF ADOPTED AMENDMENTS
length of counter times 5 feet
Aisle Width
Files: If files are to open toward an aisle, allow 44 to 66 inches with
the file drawer open for heavily traveled aisles, and 28 to 48
inches for secondary aisles.
Shelving Main and subsidiary aisles around shelving plus 44 to 66 inches
for main aisles and 28 to 36 inches for subsidiary aisles.
6. Federal Space Standards – Agencies requesting to use standards other than those
published in this Appendix shall supply a copy of those standards with the
Department of Central Management Services. Where federal regulations direct
the use of space standards, the agency shall estimate its space requirements in
accordance with the federal standards.
(Source: Amended at 44 Ill. Reg. 14851, effective September 1, 2020)
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ILLINOIS REGISTER 14867
20
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: General Rules
2) Code Citation: 35 Ill. Adm. Code 101
3) Section Numbers: Adopted Actions:
101.202 Amendment
101.302 Amendment
101.308 Amendment
101.610 Amendment
101.626 Amendment
4) Statutory Authority: Implementing Section 9.1 and authorized by Sections 27 and 28 of
the Illinois Environmental Protection Act [415 ILCS 5/9.1, 27 and 28].
5) Effective Date of Rules: September 4, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) Statement of Availability: The adopted rules are available on the Board's website
(https://pcb.illinois.gov/) and are also on file and available for public inspection in the
Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite 11-
500.
9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4316; March 20, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: The Board made a limited number of
non-substantive corrections and clarifications to its first-notice proposal.
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements letter issued by JCAR? None were made.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any other rulemakings pending on this Part? No
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ILLINOIS REGISTER 14868
20
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
15) Summary and Purpose of Rulemaking: The Illinois Environmental Protection Agency
(IEPA) proposed that the Board adopt a new Part 204 of its air pollution rules to create a
Prevention of Significant Deterioration (PSD) permitting program. IEPA intends that its
proposal will allow it to assume responsibility for PSD permitting from the United States
Environmental Protection Agency and also allow the Board to assume responsibility for
appeals of PSD permits issued by IEPA. IEPA states that its proposal meets
requirements to establish such a program under Section 9.1(c) of the Illinois
Environmental Protection Act (Act) [(415 ILCS 5/9.1(c) (2018)]; see PA 99-463, eff. Jan.
1, 2016.
IEPA proposed to amend existing Part 101 of the Board's procedural rules to conform
with the new Part 204 and accommodate PSD permit appeals.
The Board's first-notice, second-notice, and adoption opinions and orders in this
rulemaking may be viewed on and downloaded from the Board's website
(https://pcb.illinois.gov/).
16) Information and questions regarding these adopted rules shall be directed to:
Tim Fox
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago IL 60601
312/814-6931
Copies of the Board's opinions and orders are available through the Clerk's Office On-
Line (COOL) on the Board's website (https://pcb.illinois.gov/). You may also request
copies of the Board's opinions and orders from the Clerk at the address listed above or by
calling 312/814-3620. Please refer to docket number R19-01 in your request.
The full text of the Adopted Amendments begins on the next page:
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ILLINOIS REGISTER 14869
20
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SUBPART A: GENERAL PROVISIONS
Section
101.100 Applicability
101.102 Severability
101.104 Repeals
101.106 Board Authority
101.108 Board Proceedings
101.110 Public Participation
101.111 Informal Recordings of Board Meetings
101.112 Bias and Conflict of Interest
101.114 Ex Parte Communications
SUBPART B: DEFINITIONS
Section
101.200 Definitions in the Act
101.202 Definitions for Board's Procedural Rules
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE
OF DOCUMENTS, AND STATUTORY DECISION DEADLINES
Section
101.300 Computation of Time
101.302 Filing of Documents
101.304 Service of Documents
101.306 Incorporation of Documents from Another Proceeding
101.308