Section 300.100  Purpose

 

Pursuant to Section 5-30 of the Illinois Administrative Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 127, par. 1005-30), the Business Development Bureau (Bureau) of the Department of Commerce and Community Affairs (Department) has the responsibility of preparing an impact analysis on any proposed rulemaking that will have an impact on small businesses.  This Part serves to establish guidelines that govern the Department's implementation of this provision of the Act.

 

(Source:  Amended at 17 Ill. Reg. 1511, effective January 26, 1993)

 

Section 300.200  Definitions

 

"Impact" is the effect on small businesses resulting from rulemaking implemented by a state agency.  This includes, but is not limited to, rulemaking pertaining to licensing/registration/permitting and grant/loan application processes.

 

"Interested person" is an association representing at least 100 interested persons, the Governor, a unit of local government, or a total of 25 or more requests from individuals.

 

"Issuing agency" is that agency proposing rulemaking.

 

"Recordkeeping" is that information which must be recorded and maintained by the business in order to comply with rules.

 

"Reporting requirement" is any information that a business must submit to an issuing agency or any other agency as required in the rules.

 

"Small business" is any for profit entity, independently owned and operated, not dominant in its field, which grosses less than four million dollars per year or employs fewer than fifty full-time employees.  Two part-time employees equal one full-time employee. For purposes of a specific rule, an agency may define small business to include more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small businesses and organizations.  A business is considered dominant in its field if it is the only business in Illinois engaged in that particular activity.

 

(Source:  Amended at 17 Ill. Reg. 1511, effective January 26, 1993)

 

Section 300.300  Procedures (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 1511, effective January 26, 1993)

 

Section 300.400  Analysis Procedures

 

a)         The Secretary of State shall provide the Bureau with a copy of all proposed rulemakings.  Whenever the Bureau believes that an analysis is warranted or whenever requested to do so by the Joint Committee on Administrative Rules (JCAR) or an interested person, the Bureau shall prepare an impact analysis.

 

b)         The impact analysis may include information obtained from, but not limited to, the following:

 

1)         data information services;

 

2)         business associations;

 

3)         business community;

 

4)         meetings or hearings held by others regarding proposed rulemaking;

 

5)         technical specialists in the appropriate field; and

 

6)         issuing agency.

 

c)         The impact analysis shall be completed within forty-five days of the date of publication of the rule in the Illinois Register or within the first notice period.  The analysis shall include the following:

 

1)         A summary of the projected reporting, recordkeeping and other compliance requirements of the proposed rule.

 

2)         A description of the types and an estimate of the number of small businesses to which the proposed rule will apply.

 

3)         An estimate of the economic impact that the regulation will have on the various types of small businesses affected by the rulemaking.

 

4)         A description or listing of alternatives to the proposed rule that would minimize the economic impact of the rule.  The alternatives must be consistent with the stated objectives of the applicable statutes and regulations (Section 5-30(c)(1)-(4) of the Act).

 

d)         Pursuant to Section 5-30(c) of the Act, the Bureau shall submit a copy of the impact analysis in writing to the issuing agency, any interested person who requested an analysis, and JCAR during the first notice period.

 

(Source:  Amended at 17 Ill. Reg. 1511, effective January 26, 1993)

Section 300.APPENDIX A  Business Impact Analysis (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 1511, effective January 26, 1993)