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Regulatory Alert


If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Business Information Center via e-mail at  or call (800) 252-2923 or (217) 785-8020. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to



The following proposed amendments will impact licensed plumbers and their employers: 




The Department of Public Health proposed amendments to Plumbers Licensing Code (68 IAC 750; 39 Ill. Reg. 14297) concerning licensure examinations, responsibilities of plumbing inspectors and other changes updating the Part to align with current statute.  The rulemaking requires local ordinances that are more stringent than the Illinois Plumbing Code to be reviewed and approved by DPH before they can be formally adopted by the local government unit.  It also includes provisions for making reasonable accommodations under the Americans with Disabilities Act for persons with disabilities seeking to take the licensure exam; provides that persons who cheat on the licensure exam will be immediately expelled from the exam and barred from retesting for at least 6 months (instead of requiring an appearance before the Board of Plumbing Examiners prior to imposition of the penalty); permits Illinois licensed professional engineers, as well as licensed plumbers, to teach courses in plumbing; clarifies the duties of plumbing inspectors; and expands the grounds for disciplinary action against plumbing inspectors to include failure to follow any directive or order of DPH, or “any other form of misconduct”. 




Bottom Line

:  The rulemaking seeks to update the duties of the State Board of Plumbing Examiners, the provisions related to the administration of the Plumbing Licensing Examination, the plumbing education course requirements, the requirements to inspect plumbing and the duties/responsibilities of plumbers who inspect plumbing, amendments to the establishment of plumbing programs and ordinances by governmental units and amendments to plumbing inspector violations.  The amendments will align the Code with the Act and provide clarity to existing processes utilized by the Department.  For questions or comments, contact Elizabeth Paton, Assistant General Counsel, Illinois Department of Public Health, at (217) 782-2043 or email

Click here to submit comments.






The following regulation will impact pharmacies:      




The Department of Human Services proposed an amendment to Electronic Prescription Monitoring Program (77 IAC 2080; 39 Ill. Reg. 14212) shortening the timeframe for pharmacies and other entities to report dispensing of prescription drugs to the DHS Prescription Monitoring Program.  Dispensers will be required to report new or renewed prescriptions no later than the next business day after the drugs are dispensed (currently, within 7 days after dispensing). 




Bottom Line: 

This rulemaking affects the Electronic Prescription Monitoring Program (PMP) which is designed to control the abuse of Schedule II, III, IV and V retail dispensed drugs.  The proposed amendment changes the requirement that dispensers report to the central repository each time a Schedule II, III, IV or V drug or other selected drugs is dispensed from not more than 7 days after dispensing to no later than the next business day after dispensing; or if no drugs are dispensed, then a zero report is required.  The amendment will result in more frequent reporting and will improve the use of the PMP in identifying patients exhibiting prescription seeking behavior.  For questions or comments contact Tracie Drew at (217) 785-9772 or email

Click here to submit comments.









The following proposed rule will impact businesses with video gaming licenses: 




The Illinois Gaming Board proposed amendments to Video Gaming (General) (11 IAC 1800; 39 Ill. Reg 14809) that prohibit licensed terminal handlers and licensed technicians from playing video gaming terminals (VGTs); prohibit a person with significant influence or control over a terminal operator from playing VGTs at any location with which that operator has a use agreement; and require VGTs to be played only during hours when a licensed location is open to the public, or in the case of fraternal or veterans’ organizations, when the location is generally open to members. 




Bottom Line:  Location licensees will have a responsibility under this rulemaking to ensure that video gaming terminals on their premises are played only during business hours when the location is open for business, or in the case of licensed fraternal organizations, when the location is open to the membership. 


The proposed rulemaking amends 11 Ill. Admin. Code 1800.260 ("Duties of Licensed Technicians and Licensed Terminal Handlers") by prohibiting licensed terminal handlers and licensed technicians from playing video gaming terminals ("VGTs").  As provided under Section 5 of the Video Gaming Act [230 ILCS 40/5], licensed technicians are licensed to repair, service, and maintain VGTs, and licensed terminal handlers are licensed to possess or control VGTs and to have access to their inner workings.  The rulemaking also amends 11 Ill. Adm. Code 1800.270 ("Duties of Licensed Video Gaming Locations") by requiring video gaming terminals to be played only during business hours when the location is open for business or, in the case of licensed fraternal establishments and licensed veterans establishments, when the location is generally open to the membership.  Additionally, the rulemaking amends 11 Ill. Adm. Code 1800.430 ("Persons with Significant Influence or Control") to prohibit a Person with Significant Influence or Control ("PSIC") of a terminal operator from playing video gaming terminals at a location with which the terminal operator has entered into a use agreement.  The changes made by this rulemaking are intended to further ensure the integrity of video gaming in Illinois.  For questions or comments, contact James Pellum, Illinois Gaming Board, at

Click here to submit comments.








The following proposed regulation will impact businesses seeking DOT contracts or prequalification to bid on DOT contracts:




The Chief Procurement Officer for the Department of Transportation (CPO-DOT) and the Department of Transportation (DOT) proposed amendments to the Parts titled Chief Procurement Officer for the Department of Transportation – Standard Procurement (44 IAC 6; 39 Ill. Reg. 15040) and Prequalification of Contractors, Authorization to Bid, and Subcontractor Registration (44 IAC 650; 39 Ill. Reg. 15061), clarifying and updating various provisions related to DOT contracting and bidding.  CPO-DOT’s amendments to Part 6 define “satisfactory evidence of compliance” as a bidder’s certification or other assurance of compliance with the Procurement Code in the contract bid proposal; clarify that contract prequalification rating.  Other provisions address forms and procedures for requesting an authorization to bid, eliminate provisions regarding financial disclosures (which are not part of the prequalification process, but are addressed in 44 IAC6), and update provisions for collecting information from trucking and material supply firms in accordance with federal regulations.  Both rulemakings also update website links and make each Part more consistent with the Code and current practice.




Bottom Line:  The Department is amending this Part to clarify and update provisions. Following are the significant changes being made to the Part.  At Section 650.10, Purpose, the Department is clarifying that the Chief Procurement Officer for the Department of Transportation and the Department work cooperatively in prequalifying contractors to determine their responsibility.  At Section 650.20, Definitions, the Department is clarifying the definitions of "Authorization to Bid," "Prequalification," "Request for Authorization to Bid or Not for Bid Status," and adding definitions for "Eligible" and "Special Letting."


At Section 650.30, Introduction to Prequalification, the Department is clarifying that a determination of prequalification, and not the Certificate of Eligibility, permits a contractor to make application for Authorization to Bid on contracts, in accordance with this Part.  At Section 650.40, Application Requirements, the Department is updating website links.  At Section 650.50, Time for Submission, the Department is clarifying the timeframe for a determination of a prequalification rating. In the past, due to administrative delays, the Department has been unable to make the determination three days in advance of the letting. Under the proposed amendment, as long as the contractor complies with the application requirements and deadlines, the Department will work to issue the rating prior to the letting date so the contractor can bid on projects.  At Section 650.70, Waiver of Prequalification and Additional Responsibility Considerations, the Department is bringing the Part up to current practice.  At Section 650.80, Issuance and Effect of Ratings, the Department is removing subsection (d) because the financial interest disclosures are not part of the prequalification process. Instead, they are currently, and appropriately, prescribed under 44 Ill. Adm. Code 6.  At Section 650.90, Effective Date of Ratings, the Department is clarifying that the effective date of a firm's Prequalification shall be the date on which the ratings are determined and approved At Section 650.260, Equipment Factor (EqF), the Department is clarifying that any piece of equipment that can be assembled for contract performance may be used.


At Section 650.290, Advertising for Bids, the Department is clarifying that the procedures for procuring contracts are set out in the Chief Procurement Officer's rules for contract procurement found at 44 Ill. Adm. Code 6.  At Section 650.300, Request for Authorization to Bid or Not for Bid Status, the Department is clarifying that the Form BDE124 shall be used by contractors to request Authorization to Bid.


At Section 650.315, Disclosure of Other Procurement Relationships, the Department is updating the Part for consistency with section 50-35(a) of the Code.  At Section 650.340, Joint Ventures, the Department is making the unaudited thresholds consistent with current practice.  At Section 650.370, Registration of Subcontractors, the Department will collect information from Participant firms who are primarily providing trucking and material supplies in accordance with federal regulations. Subcontractors and prequalified firms on the registered list of firms will not change.  At Section 650.380, Eligibility to Quote or Perform Subcontract Work, the Department is clarifying that bids can be solicited from anyone; however, those subcontractors chosen by the Department's contractors must be registered in accordance with Subpart C of this Part before they are approved to work on Department projects.  At Section 650.APPENDIX A, Available Work Categories, the Department is adding pressure washing to the "25 – Painting and Cleaning" category. The Department is adding modified urethane to the "27 – Pavement Markings" category. The Department is amending the calculation of work rating to the "3 – Hot-Mix Asphalt (HMA) Plant Mix" category.  For questions, requests for copies, or comments through January 3, 2016, contact Bill Grunloh (217) 558-5434, Michael Copp (217) 782-3414, or Sannaz Etemadi (217) 524-7763.

Click here to submit comments.






The following amendments will impact businesses with state or federal discharge permits:




The Pollution Control Board proposed amendments to the Part titled Permits (35 IAC 309; 39 Ill. Reg. 15103) concerning procedures for issuing National Pollutant Discharge Elimination System (NPDES) federal permits as well as permits issued by the Illinois Environmental Protection Agency for construction or operation of systems that do not require NPDES permits.  The rulemaking allows permittees to request a waiver from the requirement to apply for renewal of a NPDES permit at least 180 days prior to the expiration date of the current permit.  The waiver request must include an explanation of why the permittee cannot apply within the normal timeframe and must specify the date by which the permittee will submit the application.  IEPA must grant or deny the waiver within 21 days after it receives the request.   Operating permits for sewers, wastewater sources, and pretreatment works may remain valid for the lifetime of these systems (currently, permits must be renewed at least every 5 years).  An operating permit may be terminated if IEPA determines that a permitted facility is no longer in operation or existence, or if the permittee requests termination.  Other provisions specify conditions that require pretreatment works to obtain modified operating permits; list discharges that are not required to have a state operating permit, although they may require state construction permits; require construction permits for new sewers or wastewater sources that are being connected to public sanitary or combined sewer systems; and exempt certain facilities (e.g. cooling towers, ion exchange systems or reverse osmosis treatment for industrial course waters from construction permitting requirements.



Bottom Line:  The changes in this rule allow flexibility in filing renewal applications for NPDES permits.  They also reduce the permitting burden and allow the Illinois EPA to issue lifetime permitting permits.  For questions or comments contact Jason James at, or call (312) 814-6929.

Click here to submit comments.