Breadcrumb

  1. DCEO
  2. Small Business Assistance
  3. Regulatory Alert

Regulatory Alert

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

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 Katy.Khayyat@Illinois.gov  or call 800.252.2923 or 217.558.0190. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ilsmallbiz.biz/regflex
 

 

The following proposed regulation will impact caregivers for older or disabled adults and agencies which hire or supervise caregivers:          

 

The Department on Aging proposed amendments to Adult Protection and Advocacy Services (89 IAC 270; 42 Ill. Reg. 3774) implementing two Public Acts which establish an Adult Protective Services (APS) Registry recording the names of caregivers against whom substantiated findings have been made of abuse, neglect or financial exploitation of an adult with disabilities age 18-59, or any person age 60 or older, living in a domestic (non-institutional) environment.  The registry will be hosted by the Department of Public Health on its website.  The rulemaking defines a caregiver as anyone who assumes responsibility for the care of an eligible adult needing assistance with activities of daily living, whether for pay, voluntarily or as the result of a family relationship, and outlines the procedures for placing a caregiver on the registry.  When an allegation of abuse, neglect or financial exploitation is made and substantiated by an APS provider agency, DonA’s Office of Adult Protective Services (APS Office) will review the victim’s case record.  Within 30 days after receiving the case record, the APS Office will either concur with the finding and recommend that the caregiver be placed on the registry, or not concur and recommend against placement; the caregiver will be notified of the decision in either case.  An appeal process, including hearing procedures, rules of evidence and testimony, etc., is provided for caregivers who contest their placement ON THE REGISTRY.  Caregivers placed on the registry for a single incident or report may request removal at any time, but are limited to one request per 3-year period and no more than 3 total requests.  A caregiver seeking removal must prove by a preponderance of the evidence th at their removal from the registry is in the public interest.  Caregivers cited for more than one incident cannot be removed from the registry.  Access to the registry is limited to licensed direct care provider agencies (who are required to screen prospective employees for listing on the registry), DonA, DPH, the Department of Healthcare and Family Services, and the Department of Human Services.  APS provider agencies must notify DonA within 24 hours if there is imminent risk of abuse, neglect or financial exploitation of an eligible adult from a caregiver against whom a verified and substantiated finding has been made.  If a victim moves to a long-term care or other health care facility, the APS provider agency must make reasonable efforts to inform the facility about any placement of a relevant caregiver on the registry.

 

 

Bottom Line: These amendments are being filed to establish a new Subpart relating to the Adult Protective Service Registry which was initially enacted by PA 98-49 and subsequently amendment by PA 98-1039 to resolve barriers to its successful implementation by the Department on Aging.  The Registry identifies caregivers against whom a verified and substantiated finding was made of abuse, neglect, or financial exploitation of an adult with disabilities aged 18 through 59 or a person aged 60 years of age or older who resides in a domestic living situation. It is hosted by the Department of Public Health on its website for the purpose of protecting individuals receiving in-home and community-based services. The information in the Registry is confidential.  The amendments include definitions, explain the case file review process of verified and substantiated findings by the Department, set forth notification responsibilities, and address the associated administrative procedures (e.g., computation of time, representation, filings on appeal, motion practice, and discovery) for the placement or removal of a caregiver's identity on the Registry. A caregiver has a limited right to challenge placement and to have a hearing before an administrative law judge. A timely request for appeal will be stayed if the caregiver provides notice of the filing of a collateral action challenging an adverse employment action resulting from the verified and substantiated finding of abuse, neglect, or financial exploitation. The Department will place a caregiver's identity on the Registry in accordance with the final administrative decision within 45  days of the decision. A caregiver may thereafter request removal by the Department one time per year for three consecutive years if there is only a single report of a finding of abuse, neglect or financial exploitation. Neither the placement nor the removal decision is subject to the Administrative Review Law (735 ILCS 5/Art. III). 

 

A copy of the notice to the caregiver, the statement of allegations in the abuse report and the substantiation decision in the final investigative report constitute prima facie evidence of abuse, neglect, or financial exploitation, which will be admitted into evidence without further proof. The issue on appeal is whether placement of the caregiver's identity on the Registry is in the public interest. The following factors may be considered: (1) the length of time the caregiver has been providing care to the victim; (2) the relationship between the caregiver and the victim; (3) whether placement of the caregiver's identity on the Registry is in the victim's best interest or that of other participants; (4) whether additional training for the caregiver could remediate the abuse, neglect, or financial exploitation; (5) in the case of financial exploitation, the value of the assets at issue and whether restitution was made; and (6) whether criminal charges were filed against a caregiver and any related outcome.  Placement of a caregiver's identity on the Registry serves as a bar to hiring, retention, compensation, or utilization of that individual to provide direct care in a position with, or that is regulated by, or paid with public funds from the Department on Aging, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health or with an entity or provider licensed, certified, or regulated by or paid with public funds from any of these State agencies. These State agencies, entities and providers must obtain credentials to access and use the Registry to conduct an online check on an annual basis for purposes of retention and prior to hiring, compensating, or utilizing a caregiver. A copy of the result of the online check will be maintained to demonstrate compliance.

 

For questions or comments, contact For questions or comments, contact Tracey Trigillo, Department on Aging, One Natural Resources Way, Suite 100, Springfield, IL 62701-1789, (217) 785-3346, or email Tracey.Trigillo@Illinois.gov.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

***

 

The following proposed regulation will impact The following proposed regulation will impact lobbyists and firms that employ lobbyists, and attorneys who practice before the Executive Ethics Commission:          

 

The Executive Ethics Commission proposed amendments to Organization, Information, Rulemaking and Hearings (2 IAC 1620; 42 Ill. Reg. 4622) concerning EEC review of sexual harassment allegations against lobbyists and state employees; exceptions of the procurement process; ex parte communications; and requests for information under the Freedom of Information Act.  The rulemaking implements Public Act 100-554 by establishing requirements for executive branch state agencies to report on their sexual harassment training programs (the reports will be made available on the EEC’s website) and by establishing procedures for review of sexual harassment cases against registered lobbyists that have been forwarded to EEC by the Secretary of State.  It also implements PA 100-43 by allowing the Chief Procurement Officer for Higher Education to request, in writing, EEC approval to accept a bid or enter a contract with a business that assisted the higher ed institution in reviewing, drafting or preparing documents related to another bid or contract.  The rulemaking also updates FOIA contact information for the EEC; implements statutory criteria for responding to recurrent or voluminous FOIA requests; clarifies various aspects of the administrative review process and the process of determining whether the revolving door prohibition applies to a former state employee; and clarifies certain exceptions to ex parte communication reporting rules. 

 

Bottom Line:  The proposed amendments would implement PA 100-554 (SB 402) by establishing (1) requirements for sexual harassment training program reports required to be filed with respect to Executive Branch officers and agencies and (2) procedures for the handling of summary reviews of sexual harassment allegations made against lobbyists.  A new section for the processing of requests for commission approval of exceptions related to prohibited solicitation preparation assistance in the contest of university procurement is proposed to implement a change made by PA 100-43 (SB 008).  Other changes related to updating and minor adjustments made to rules regarding matters of public access to records, practice and procedure before the Commission, revolving door determinations, and the reporting of ex parte communications. For questions or comments, contact Stephen J. Rotello, Illinois Executive Ethics Commission, 513 Stratton Office Building, 401 S. Spring Street, Springfield, IL 62706, or email EEC.LegalStaff@Illinois.gov.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

***

 

The Office of the Attorney General proposed amendments which will impact small businesses doing business with or seeking to do business with the Attorney General’s Office:

 

The Office of the Attorney General proposed amendments to Attorney General’s Procurement (44 IAC 1300; 42 Ill. Reg. 4657) implementing Public Acts 100-43 and 100-203.  The rulemaking raises the small purchase threshold to $100,000 for supplies and services (currently $25,000) as well as professional and artistic services (currently, $20,000).  The rulemaking also authorizes electronic procurements; permits extensions of time to allow vendors to comply with State Board of Elections registration requirements; adds reporting requirements for contracts needed to prepare for anticipated litigation, permits clarifying communications related to a contract solicitation, and updates various definitions.

 

Bottom Line:  The Attorney General’s Procurement rules are being updated to address changes in the Illinois Procurement Code made by Pas 100-43, effective August 9, 2017, and 100-203, effective August 18, 2017.  The proposed amendments will update terminology, authorize electronic procurements, permit the extension of time for a vendor to comply with State Board of Elections registration requirements, authorize additional certification opportunities for the Attorney General’s State Purchasing Officer, add reporting requirements for contracts necessary for litigation, specify that a fiduciary duty is owed to the State by procurement personnel, permit communications related to a contract solicitation if the communication asks for clarification and is posted as an addendum to the solicitation, and increase the small purchase thresholds. For questions or comments, contact For questions or comments, contact For questions or comments, contact Melissa Mahoney, Deputy Chief of Staff, Administration, Office of the Attorney General, 100 West Randolph Street, 12th Floor, Chicago, IL 60601, or call 312/814-3950. 

 

The Department of Revenue proposed amendments to Illinois retailers who make conditional sales:


The Department of Revenue proposed amendments to the following 8 parts:  Home Rule County Retailers’ Occupation Tax (86 IAC 220; 42 Ill. Reg. 4725), Home Rule Municipal Retailers’ Occupation Tax (86 IAC 270; 42 Ill. Reg. 4737), Regional Transportation Authority Retailers’ Occupation Tax (86 IAC 320; 42 Ill. Reg. 4749), Metro East Mass Transit District Retailers’ Occupation Tax (86 IAC 395; 42 Ill. Reg. 4773), Special County Retailers’ Occupation Tax for Public Safety (86 IAC 395; 42 Ill. Reg. 4773), Special County Retailers’ Occupation Tax for Public Safety (86 IAC 670; 42 Ill. Reg. 4785), Salem Civic Center Retailers’ Occupation Tax (86 IAC 690; 42 Ill. Reg. 4797), and Non-Home Rule Municipal Retailers’ Occupation Tax (86 IAC 693; 42 Ill. Reg. 4809).  These rulemakings implement Public Act 99-126, which provides that retailers who sell items to a purchaser under nominal lease or other agreement with an option to purchase the items are considered to be engaged in the business of selling at the location where the item is first delivered to the lessee for its intended use.

Bottom Line: The changes to these rulemakings implement a legislative change to the manner in which conditional sales are sourced.  Previously, the rule stated that retailers making conditional sales are engaged in the business of selling at the location of the property at the time the parties enter into the conditional sales agreement.  PA 99-126 states that retailers who sell tangible personal property to a nominal lessee or bailee pursuant to a lease with a dollar or other nominal option to purchase are engaged in the business of selling at the location where the property is first delivered to the lessee or bailee for its intended use. For questions or to submit comments, contact Jerilynn Gorden, Legal Services Office, Illinois Department of Revenue, 101 W. Jefferson Street, Springfield, IL 62704, (217) 782-2844. 

 

 

***