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Description

Regulatory Alerts

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 Entrepreneurship Network Information Center via e-mail at Katy.Khayyat@Illinois.gov  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 www.ienconnect.com/regflex.

 

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The Department of Public Health proposed an amendment that will impact water well and pump installation contractors and continuing education providers:            

The Department of Public Health proposed amendments for "The Illinois Water Well and Pump Installation Contractor's License Code" (77 Ill. Adm. Code 915; 36 Ill. Reg. 139) to add definitions and referenced materials used in this Part and require more documentation of a licensure applicant's experience to be a water well or water well pump installation contractor.  Further changes explain how license expirations, renewals, reinstatements, and restorations are processed.  Minimum standards for continuing education sessions are specified, grounds for license revocations or suspensions are added, and a website listing licensees and their business addresses is established. 

Bottom Line:  Applicants must provide written proof of experience when applying for a license as water well or pump installation contractor.  Sponsors of continuing education sessions must document attendance at all such sessions, and retain attendance records for a minimum of three years after the training session.  Licensed water well and pump installation contractors must provide written proof of attendance at a continuing education session to the Department of Public Health as a requirement to renew their licenses. 

 

In Section 915.10, the amendment specifies the documentation an applicant must provide in order to verify experience in the actual construction of water wells and the installation of water well pumps.  This falls in line with the requirements of other licensing programs in the Division of Environmental Health.  The Water Well and Pump Installation Contractor's License Board commented that in the past some applicants did not have adequate experience to become licensed water well or pump installation contractors and that documentation must be provided by the applicant to verify such experience.  A subsection is being added for the qualifications of the applicants.  Subsection (c) is being deleted since a character reference is already required as part of the employers affidavits in the application. 

In Section 915.20, the amendment specifies that in order to pass an examination, an applicant would have to obtain a grade of not less than 70 in each part of the examination, rather than achieving an average grade of 75 for both parts of each examination. The minimum passing grade requirement of 70 would fall in line with most of the other licensing programs in the Division of Environmental Health. A subsection is being amended to clarify the parts of the examinations. A subsection is being added for refusal of an applicant to take an examination.

 

A Section is being added for the expiration, renewal, reinstatement, and restoration of licenses.

 

Section 915.30 is being repealed because it contains information already set forth in the Authority Note.

 

In Section 915.80, the amendment increases the time period that requests for continuing education sessions must be submitted to the Department from 4 weeks to 60 days before any training session is presented. In the past, there was not enough time for both the Department and the Water Well Licensing Board to review and approve any request to present a continuing education session. Extending the time from 4 weeks to 60 days before the date the program begins will provide sufficient time for review and to make any required revisions. The amendment also establishes a time period of 30 days for the Department to approve a continuing education session before it is held. Safety hazards associated with the water well and pump installation industry were added as a continuing education topic. Previously, there were no topic guidelines toward planning an education session, specifically tailored to meet the separate training needs of licensed water well and pump installation contractors. A subsection was added to provide these guidelines.

 

Language was added to clarify what information is needed in a request submitted for a continuing education session. To review a training session plan, the Department needs to know the intended audience for each topic and the procedures for verifying attendance. 

 

Sections are being added for the revocation or suspension of a license, enforcement for the revocation or suspension of a license, Administrative Hearings, and the names and addresses of licensed water well and pump installation contractors.  There will be no economic effect on the water well and pump installation industry.  The Department anticipates adoption of the rulemaking approximately six to nine months after publication of the notice in the Illinois Register.

 

For questions or to submit comments, contact Susan Meister, Division of Legal Services, Illinois Department of Public Health at (217) 782-2043 or email dph.rules@illinois.gov.  Click here to submit comments.

 

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The Secretary of State's Office proposed amendments which will impact car, truck and other vehicle dealers and other businesses providing ERT (Electronic Registration and Titling) services: 

 

The Secretary of State proposed amendments to "Certificates of Title, Registration of Vehicles" (92 Ill. Adm. Code 1010; 36 Ill. Reg 826) requiring all new vehicle dealers to utilize SOS's Electronic Registration and Titling (ERT) program.  (The ERT program allows vehicle dealers to submit title and registration documents to SOS electronically).  The rulemaking increases costs for unaccounted for vehicle registration stickers, vehicle plates intended for sale as a set, and vehicle plates intended for individual sale from $100 to $125.  Beginning 7/1/12, ERT service providers must post a $1.5 million performance bond.  (Currently, ERT service providers are required to post a $1 million performance bond.) 

 

Bottom Line:  The proposed rule will require all new vehicle dealers to utilize the ERT Program to submit title and registration documents to the Secretary of State's Office.  The rule also increases the bond amount required for ERT service providers and increases the amount to to be paid by the ERT service provider for unaccounted for inventory.

 

For questions or to submit comments, contact Cynthia Grant, Assistant General Counsel, at (217) 785-3094 or at cgrant@ilsos.net. Click here to submit comments.

 

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The Department of Transportation proposed amendments to rules which will impact Illinois Wineries:

 

The Department of Transportation (DOT) proposed amendments to "Tourism Attraction Signing Program" (92 Ill. Adm. Code 543; 36 Ill. Register 1049) concerning wineries that wish to be listed on DOT's tourism attraction signs at interstate highway exits.  The rulemakings require participating wineries to ferment at least 200 gallons of wine per year.  The wine must also be processed in Illinois. 

 

Bottom Line:  DOT is adding language to require wineries that wish to participate in the Tourism Attraction Signing Program to ferment more than 200 gallons of wine per year and to process the wine within Illinois.  The purpose is to provide motorists with identification and directional information for eligible attractions in the State of Illinois.  Wineries are one of the current tourism attraction categories eligible to participate in the program.  The Illinois office of Tourism has received applications in the past for tourism attraction logo signs for facilities that would not be considered wineries but rather tasting rooms and/or distribution networks for out of state wineries.  The revised definition would require the facility to be an Illinois facility and to actually produce the wine on premises rather than just bottling or distributing wine.  Limiting the eligibility of wineries based on the revised definition would better meet the expectations of the motoring public when they choose to visit an Illinois winery after viewing the identification and direction information provided by the tourism attraction logo signs.  For questions or comments, contact Ms. Christine Caronna-Beard, Rules Manager, Illinois Department of Transportation at (217) 524-3838 or email Christine.Caronna-Beard@Illinois.gov. 

Click here to submit comments.

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For more information on anything in this issue of Regulatory and Information Alert, contact Katy Khayyat at Katy.Khayyat@Illinois.gov or call (217) 785-8020 or (800) 252-2923.  To be removed from this mailing list, please contact Katy Khayyat at Katy.Khayyat@Illinois.gov or by calling (217) 785-8020 or (800) 252-2923.

 
 
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©2011 Illinois Department of Commerce and Economic Opportunity