§ 5-100 — Powers of the Joint Committee

The Joint Committee shall have the following powers under this Act: (a) The function of the Joint Committee shall be the promotion of adequate and proper rules by agencies and an understanding on the part of the public respecting those rules. This function shall be advisory only, except as provided in Sections 5-115 and 5-125. (b) The Joint Committee may undertake studies and investigations concerning rulemaking and agency rules. (c) The Joint Committee shall monitor and investigate agencies' compliance with the provisions of this Act, make periodic investigations of the rulemaking activities of all agencies, and evaluate and report on all rules in terms of their propriety, legal adequacy, relation to statutory authorization, economic and budgetary effects, and public policy. (d) Hearings and investigations conducted by the Joint Committee under this Act may be held at times and places within the State as the Committee deems necessary. (e) The Joint Committee may request from any agency an analysis of the following: (1) The effect of a new rule, amendment, or repealer, including any direct economic effect on the persons regulated by the rule; any anticipated effect on the proposing agency's budget and the budgets of other State agencies; and any anticipated effects on State revenues. (2) The agency's evaluation of the submissions presented to the agency under Section 5-40. (3) A description of any modifications from the initially published proposal made in the finally accepted version of the intended rule, amendment, or repealer. (4) The agency's justification and rationale for the intended rule, amendment, or repealer. (f) Failure of the Joint Committee to object to any proposed rule, amendment, or repealer or any existing rule shall not be construed as implying direct or indirect approval of the rule or proposed rule, amendment, or repealer by the Joint Committee or the General Assembly.

Legislative History

(Source: P.A. 87-823.)