More proposed emergency rules, bypassing legislature, and ignoring the judicial branch. Read JCAR's overview of how emergency rule making is supposed to be done. A few things to take note of in this file:
--------------------------------------
"Emergency rules – Temporary rules that take effect immediately or up to 10 days after filing with the Secretary of State, but remain in effect for no more than 150 days. The IAPA allows use of emergency rulemaking when an agency determines that a "threat to the public interest, safety or welfare" requires rules to be adopted in less time than would be needed to complete proposed
rulemaking. JCAR reviews emergency rules to insure that they meet these criteria. If an agency
wants to maintain the policy established in the temporary emergency rule, a companion proposed rule must also be adopted. The companion proposed rulemaking should be adopted before the emergency rule expires. Agencies cannot file the same emergency rule more than once within a 24-month period, unless the General Assembly makes an exception to this limit and to the 150-day limit in statute. Statutes may also authorize agencies to use emergency rulemaking for specific purposes."
--------------------------------------
So that means the mask mandate that was done last year by IDPH cannot be filed again, but they've moved onto attempting to change the definitions of quarantine in order to deal with the reality that courts are now ruling against their ability to disregard due process and order healthy individuals to quarantine or "modified quarantine" in order to require masks. Read page 21 of the full proposed emergency rule. I would suggest everyone contact JCAR once again to remind them of their own rules, and to hold other government agencies accountable. According the JCAR rules, they can be required to hold public hearings first, and all you need is a local afffected government (school board), or 25 citizens. Email your request for a hearing! Now I believe the following is intended for permanent rule proposals, but an confident this would also apply to emergency rules.
--------------------------------------
"Public Hearings - The IAPA requires agencies to hold public hearings on proposed rulemakings if so requested by JCAR, the Governor, an affected local government, 25 interested individuals, or an association representing at least 100 interested individuals. Requests for public hearings on a proposed rulemaking must be submitted to the agency within 14 days after the proposed rulemaking is published in the Register. An agency may decide on its own to hold hearings on a proposed rulemaking. Notices of public hearings are published in the Register and appear in the Flinn Report.
--------------------------------------
And to get more specific on the proposed emergency rules, I'd highly recommend to put pressure by contacting JCAR to enforce what they are already saying, using their "Objection & Suspension" powers. They've already stated this is in direct conflict with actual laws, and judges are now agreeing with that based on court cases. JCAR has the power to squash this.
--------------------------------------
"Emergency/Peremptory Rulemaking Process - Emergency and peremptory rules take effect immediately upon or shortly after being filed with the Secretary of State. JCAR reviews them only after they are effective. However, JCAR may take the following actions concerning these rules:
*A Recommendation indicates that JCAR has concerns regarding the rule language, the process
the agency followed in adopting the rule, or the agency's use of emergency or peremptory
rulemaking. It does not affect the validity or enforcement of the rule.
*An Objection to an emergency or peremptory rule indicates that JCAR finds the rule is not
consistent with statute, has an adverse economic impact on small businesses, small municipalities, and non-profit organizations, or fails to meet some other standard established by the IAPA, or that the rulemaking process failed to meet the requirements of or the agency did not have sufficient reason to use emergency or peremptory rulemaking. An agency may modify an emergency or peremptory rule only in response to an Objection (in the case of an emergency rule, the modification lasts for the remainder of the 150 day life of the original rule or until the emergency rule is replaced by a permanent proposed rule with the modification). The agency must respond to the Objection within 90 days; the lack of a response is deemed to be a refusal to modify the rulemaking.
*A Suspension of an emergency or peremptory rule, in conjunction with an Objection, stops the
rule from being enforced based on JCAR's finding that the rule is contrary to the public interest,
safety or welfare and/or that there is no legitimate reason for the agency to have used emergency or peremptory rulemaking. The rule cannot be enforced again until JCAR agrees to withdraw the Suspension, which may remain in effect up to 180 days. If not withdrawn by the end of that period, the Suspension becomes permanent.