IL Register Vol.35 issue 50. Issue 50 December 9, 2011 Pages 19570-19736

• Library: Illinois Register
• Enactment Date: 01 January 2011

TABLE OF CONTENTS December 9, 2011 Volume 35, Issue 50

PROPOSED RULES

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Illinois Professional Land Surveyor Act of 1989

68 Ill. Adm. Code 1270................................................................19570

Structural Engineering Practice Act of 1989

68 Ill. Adm. Code 1480................................................................19596

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Practice in Administrative Hearings

89 Ill. Adm. Code 104..................................................................19627

Medical Assistance Programs

89 Ill. Adm. Code 120..................................................................19635

REVENUE, DEPARTMENT OF

Retailers' Occupation Tax

86 Ill. Adm. Code 130..................................................................19649

ADOPTED RULES

SECRETARY OF STATE Issuance of Licenses

92 Ill. Adm. Code 1030................................................................19664

PEREMPTORY RULES

CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF

Pay Plan

80 Ill. Adm. Code 310..................................................................19707

NOTICE OF CORRECTION TO NOTICE PAGE ONLY

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Medical Assistance Programs

89 Ill. Adm. Code 120..................................................................19727

JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA

JOINT COMMITTEE ON ADMINISTRATIVE RULES

December Agenda................................................................................19728

SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received.....................................................................19736

The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2011

Issue #

1 2 3 4 5 6 7 8 9 10

11 12 13 14 15 16 17 18 19 20 21

Rules Due Date

December 20, 2010 December 27, 2010

January 3, 2011

January 10, 2011

January 18, 2011 January 24, 2011 January 31, 2011 February 7, 2011

Date of Issue

January 3, 2011 January 7, 2011 January 14, 2011

January 21, 2011

January 28, 2011 February 4, 2011

February 15, 2011

February 14, 2011 February 18, 2011

February 25, 2011

February 22, 2011

March 4, 2011 March 11, 2011 March 18, 2011 March 25, 2011 April 1, 2011 April 8, 2011 April 15, 2011

April 22, 2011

April 29, 2011 May 6, 2011

May 13, 2011 May 20, 2011

February 28, 2011 March 7, 2011 March 14, 2011 March 21, 2011 March 28, 2011 April 4, 2011 April 11, 2011 April 18, 2011 April 25, 2011 May 2, 2011 May 9, 2011

22	May 16, 2011	May 27, 2011
23	May 23, 2011	June 3, 2011
24	May 31, 2011	June 10, 2011
25	June 6, 2011	June 17, 2011
26	June 13, 2011	June 24, 2011
27	June 20, 2011	July 1, 2011
28	June 27, 2011	July 8, 2011
29	July 5, 2011	July 15, 2011
30	July 11, 2011	July 22, 2011
31	July 18, 2011	July 29, 2011
32	July 25, 2011	August 5, 2011
33	August 1, 2011	August 12, 2011
34	August 8, 2011	August 19, 2011
35	August 15, 2011	August 26, 2011
36	August 22, 2011	September 2, 2011
37	August 29, 2011	September 9, 2011
38	September 6, 2011	September 16, 2011
39	September 12, 2011	September 23, 2011
40	September 19, 2011	September 30, 2011
41	September 26, 2011	October 7, 2011
42	October 3, 2011	October 14, 2011
43	October 11, 2011	October 21, 2011
44	October 17, 2011	October 28, 2011
45	October 24, 2011	November 4, 2011
46	October 31, 2011	November 14, 2011
47	November 7, 2011	November 18, 2011
48	November 14, 2011	November 28, 2011
49	November 21, 2011	December 2, 2011
50	November 28, 2011	December 9, 2011
51	December 5, 2011	December 16, 2011
52	December 12, 2011	December 27, 2011
53	December 19, 2011	December 30, 2011

Editor's Note: The Secretary of State Index Department is providing this opportunity to remind you that the next filing period for your Regulatory Agenda will occur from October 17, 2011 to January 3, 2012.

12

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

1)

Heading of the Part: Illinois Professional Land Surveyor Act of 1989

Code Citation: 68 111. Adm. Code 1270

3)

Section Numbers:

Proposed Action:

1270.5

1270.10

1270.30

1270.40

1270.52 1270.56

Amendment Amendment Amendment Amendment Amendment Amendment

4) Statutory Authority: Implementing the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330/12(a)(3), 27(a-5) and 28(a-5)] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)]

5) A Complete Description of the Subjects and Issues Involved: Pursuant to Pubic Acts 96626 and 97-543, this rulemaking clarifies the minimum requirements to sit for the Fundamentals of Surveying in order to be enrolled as a Land Surveyor-in-Training pursuant to Section 13 of the Act and also clarifies the experience required. The rule provides clarification of the type of degree needed for verification of education for licensure applications and clarifies which applicants must provide proof of passage of the Test of English as a Foreign Language Internet Based Test (TOEFL-iBT) and foreign evaluations. American Land Title Association (ALTA) surveys are also being updated pursuant to the national requirement change from the 2005 to the 2011 standard. Also, the fee for restoration of a lapsed license is increased from $20 to $50.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? No

12

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED AMENDMENTS

11) Statement of Statewide Policy Objective: This rulemaking has no impact on local government.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit written comments to:

Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 3rd Floor

Springfield IL 62786

217/785-0813

Fax #: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will be considered.

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: Those employing licensed professional land surveyors.

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: Land surveying education and training is required for licensure.

14) Regulatory Agenda on which this rulemaking was summarized: January 2011

The full text of the Proposed Amendments begins on the next page:

12

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENTS

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1270

ILLINOIS PROFESSIONAL LAND SURVEYOR ACT OF 1989

Section
1270.5	Application for Licensure as a Professional Land Surveyor-in-Training by
	Examination
1270.10	Application for Licensure as a Professional Land Surveyor by Examination
1270.13	Experience
1270.15	Definition of Related Science
1270.20	Examinations
1270.30	Endorsement
1270.35	Inactive Status
1270.40	Restoration
1270.45	Professional Design Firm
1270.50	Renewals
1270.52	Fees
1270.55	Land Surveyor Complaint Committee
1270.56	Minimum Standards of Practice
1270.57	Standards of Professional Conduct
1270.58	Seal and Signature Requirements
1270.60	Granting Variances
1270.65	Professional Development

1270.APPENDIX A Rules for the Perpetuation of Monuments Under the Land Survey Monuments Act

AUTHORITY: Implementing the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330] and authorized by Section 2105-15(7) of the Civil Administrative Code of...