DeWitte Writes of Legislative Oversight of Executive Branch Rulemaking

From State Senator Don DeWitte:

Don DeWitte is second from the laft in the back row.

When laws are passed in Illinois, it is common that affected agencies will “write rules” that explain the process by which a new law will be implemented.

The Legislature’s Joint Committee on Administrative Rules (JCAR) is a committee comprised of six Republicans and six Democrats who oversee the rulemaking process by state agencies, making sure the rules abide by the original intent of legislators when laws are passed.

I serve on this bipartisan and bicameral committee.

At our July meeting, representatives of the

  • Illinois Departments of Children & Family Services (DCFS), and
  • Healthcare & Family Services (HFS), and
  • the Illinois Environmental Protection Agency (EPA) and
  • Pollution Control Board

were presenting rules for the implementation of a variety of programs.

In each case, JCAR members expressed their disappointment in a lack of proper process in the formulation of the rules.

Department heads were scolded by Republicans and Democrats alike for not engaging with affected stakeholders before bringing rules forward, and for creating “manufactured emergencies” by waiting until right before statutory deadlines to bring rules to JCAR for consideration


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