Flinn Report: Illinois Regulation

              Illinois Regulation is a summary of the weekly regulatory decisions of State agencies published in the Illinois Register and action
taken by the Illinois General Assembly's Joint Committee on Administrative Rules. Illinois Regulation is designed to inform and
involve the public in changes taking place in agency administration.
VOL. 35 Issue 33
Regulation Illinois
(cont'd page 6)
New Regulations
Proposed
Regulations
NEW REGULATIONS: Rules adopted by agencies this week.
PROPOSED REGULATIONS: Rules proposed by agencies this week, commencing a 45-day First Notice period. Public comments must be accepted
by the agency for the period of time indicated.
: Symbol designating rules of special interest to small businesses, small municipalities, and not-for-profit corporations. Agencies are required to consider
comments from these groups and minimize the regulatory burden on them.
QUESTIONS/COMMENTS/RULE TEXT: Direct mail or phone calls to the agency personnel listed below each summary. Providing volume and issue number
of The Flinn Report or the Illinois Register will expedite the process. Some agencies charge copying fees. However, copy requests do not have to
be made under the Freedom of Information Act .
The Flinn
Report
(cont'd next page )
August 12, 2011
Claire B. Eberle, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Elaine Spencer, Assoc. Editor Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
-1-
ELDER ABUSE TRAINING
The DEPARTMENT ON AGING and the
DEPARTMENT OF FINANCIAL AND
PROFESSIONAL REGULATION
adopted joint rules titled "Joint Rules
of the Department on Aging and the
Department of Financial and Profes-sional
Regulation: Financial Exploita-tion
Training by Financial Institutions",
both effective 7/28/11. The Depart-ment
on Aging rulemaking is at 89 Ill
Adm Code 271 and was proposed at
35 Ill Reg 324. The Department of
Financial and Professional Regula-tion
rulemaking is at 38 Ill Adm Code
220 and was proposed at 35 Ill Reg
340. The rules implement Public Act
96-1103, which directs DonA to de-velop
joint rules with DFPR for mini-mum
training standards for employ-ees
and officers of financial institu-tions
to help prevent financial exploi-tation
of the elderly. The rules state a
training program will include informa-tion
on such topics as the Illinois Elder
Abuse and Neglect Program, the prob-lem
of financial exploitation of older
persons in Illinois, recognition of the
indicators of such exploitation, prop-erly
reporting suspected financial ex-ploitation
to the Program or to appro-priate
law enforcement agencies, and
the obligations of a financial institu-tion
under these rules. A training pro-gram
must be at least 30 minutes long
and may be done live or by DVD,
videotape, or the Internet. Financial
institutions must require all employ-ees
and officers on 8/1/11 who have
direct contact with customers of the
financial institution to satisfactorily
complete an approved training pro-gram
by 2/1/12 and complete refresher
training every 3 years. New hires must
receive training within 6 months.
Changes since 1st Notice clarify that
DonA is responsible for developing
training standards, and DFPR is re-sponsible
for ensuring compliance with
training requirements. The definition
of "financial institution" is modified to
exclude currency exchanges, the mini-mum
length of a training program is
reduced from 50 to 30 minutes, the list
of subjects to be covered in training is
decreased from six to two, and the
B*SAFE program developed by DonA
may be used to satisfy the training
requirements. Additional changes
delete a proposed section requiring
that DonA design or approve the train-ing
programs, modify the training time
frame, and delete a requirement that
financial institutions report their train-ing
activities to DFPR every 6 months.
Instead DFPR will make a statewide
ELECTRIC UTILITIES
The ILLINOIS COMMERCE COMMIS-SION
proposed a new Part titled
"Obligations of Retail Electric Suppli-ers"
(83 Ill Adm Code 412; 35 Ill Reg
12996) and proposed an amendment
to a Part titled "Internet Enrollment
Rules" (83 Ill Adm Code 453; 35 Ill Reg
13017). Part 412 establishes require-ments
for consumer education and
protection concerning programs for
electric customer choice. Topics cov-ered
include marketing practices,
sales contract rescission, customer
deposits, early termination fees, auto-matic
contract renewal, dispute reso-lution,
and customer complaint re-ports.
A temporary or permanent
waiver from the Part's regulations may
be granted under specified condi-tions.
An amendment to Part 453
strikes text allowing residential cus-tomers
to cancel electronic enroll-ment
with a retail electric supplier
within 3 business days after enroll-ment
since new Part 412 will provide
for a 10-calendar-day rescission. Enti-ties
affected by these rulemakings are
electric utility or alternative retail elec-tric
suppliers serving or seeking to
serve residential or small commercial
customers.
