P&CIllinoishard
Under 215 ILCS 5/401 and 402 combined with the Illinois APA, when the IDOI Director adopts a substantive rule to implement the Insurance Code, the Director must follow which procedural process?
Notice-and-comment rulemaking under 5 ILCS 100/Article 5, with JCAR review
BIssue the rule unilaterally without public notice or legislative review
CObtain a federal court order before the rule takes effect
DHold a binding statewide referendum on the rule
Why this is the answer
The IDOI Director's rulemaking authority flows from 215 ILCS 5/401 and 402 but is procedurally constrained by Article 5 of the Illinois Administrative Procedure Act (5 ILCS 100/). Substantive rules require First Notice publication in the Illinois Register, a 45-day public comment period, Second Notice to the Joint Committee on Administrative Rules (JCAR), and JCAR's non-objection or use of legislative tools. Federal court approval and referenda are not part of IL rulemaking.
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