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. 36 Issue 1
Regulation Illinois
(cont'd page 4)
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 )
January 6, 2012
Elaine Spencer, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
-1-
DOT PROCUREMENT
The CHIEF PROCUREMENT OFFICER
FOR THE DEPARTMENT OF TRANS-PORTATION
(CPO) adopted amend-ments
to "Chief Procurement Officer
for Department of Transportation-
Contract Procurement" (44 Ill Adm
Code 6; 35 Ill Reg 16052), effective
12/21/11, implementing Public Act 97-
228. The rulemaking details the
Department's target market program
for certified disadvantaged business
enterprises (DBEs), which typically
are minority-owned or female-owned
businesses (MFBs). DOT is required
to review any and all evidence of
egregious race or gender discrimina-tion
related to the performance of all
contracts awarded for transportation
construction projects each fiscal year
and must determine and define a com-pelling
interest in remedying the iden-tified
discrimination by documenting
evidence disclosed by its review (e.g.,
the utilization and availability of quali-fied
DBEs and MFBs in DOT's geo-graphic
market areas and specific
construction markets). DOT may is-sue
findings indicating there is a com-pelling
interest present to remedy dis-crimination
against a specific group
and that the only remedy for the dis-crimination
is a narrowly tailored tar-get
market remedial action. If the CPO
concurs with the DOT findings, a pub-lic
hearing will be held at which MFB
contractors and other parties may
appear. The CPO, in consultation with
DOT, will make a written determina-tion
either to implement a narrowly
tailored target remedial action or to
discontinue further action. Target
market remedial actions may include
designation of specific contract work
reserved solely for DBEs or MFBs,
separate MFB participation goals,
establishment of bid incentives for
achievement of MFB or DBE goals, or
advertisement of specific set-asides.
No contract will be eligible for inclu-sion
in any target market action un-less
there are at least 3 eligible busi-nesses
interested in the contract. Par-ticipation
in the target market pro-gram
is limited to MFBs certified as
disadvantaged under Illinois law and
federal certification requirements avail-able
from the CPO. Changes since 1st
Notice include added definitions, cross
references, citations, and examples
for terms such as "egregious race or
gender discrimination", "geographic
market area", "construction industry
markets", and "goal-oriented reme-dial
programs". The word "egregious"
FRAUD HOT LINE
The OFFICE OF THE AUDITOR
GENERAL (OAG) proposed amend-ments
to "Code of Rules" (74 Ill Adm
Code 440; 36 Ill Reg 3) implementing
Public Act 97-261 by establishing a
hotline for the public to report fraud in
the executive branch of State govern-ment.
Allegations of fraud may be
reported by use of the telephone
hotline, the OAG website, or by U.S.
mail. The rulemaking defines "fraud"
as an intentional misrepresentation or
omission of fact upon which another
person relies with resulting injury or
damage. The rulemaking establishes
criteria for OAG review and referral of
allegations and allows persons mak-ing
allegations to remain anonymous
to the general public, although a
person's identity may be disclosed if
an allegation is referred to a law en-forcement
agency for follow-up. The
OAG must also keep a summary record
of fraud allegations for 2 years after
the date they are received.
Questions/requests for copies/com-ments
through 2/21/12: Rebecca
Patton, OAG, 740 E. Ash St., Springfield
IL 62703, 217/782-6698, Fax 217/785-
8222, TTY 888/261-2887.
