Illinois Administrative Code Title 53 - INTERGOVERNMENTAL RELATIONS
📜 Part 100 – Procedures
Part 100 outlines the procedural framework for handling appeals concerning state mandates. Key sections include:
Section 100.10 – Source of Authority: This section establishes the Board's authority under the State Mandates Act and the Illinois Administrative Procedure Act. It specifies that the Board is empowered to adopt rules necessary to carry out its duties. Illinois General Assembly
Section 100.30 – Definitions: Provides definitions for terms such as "Petitioner," "State agency," and "Respondent," ensuring clarity in the application of the rules. Illinois General Assembly
Section 100.50 – Initiation of Appeal: Describes the process by which a local government can initiate an appeal against a state agency's determination regarding a state mandate.
Section 100.100 – Conduct of Hearings: Outlines the procedures for conducting hearings, including the roles of the parties involved and the conduct expected during proceedings.
Section 100.180 – Judicial Review: Details the process for judicial review of the Board's final decisions, specifying that such reviews are conducted under the Administrative Review Law. Illinois General Assembly
🏛️ Part 200 – State Mandates Program
Part 200 addresses the implementation and administration of the State Mandates Program, which is designed to assist local governments in managing the costs associated with state mandates. It includes provisions for:
Section 200.10 – Source of Authority: Cites the Department of Commerce and Economic Opportunity's authority to make rules necessary to carry out its duties under the Civil Administrative Code of Illinois. Illinois General Assembly
Sections 200.20 to 200.60: Detail the procedures for submitting, reviewing, and approving claims for reimbursement related to state mandates.
🗃️ Part 400 – Deposit of Wills
Part 400 pertains to the procedures for the deposit of wills with the State, including:
Section 400.10 – Deposit of Wills: Outlines the process by which individuals can deposit their wills with the State.
Sections 400.20 to 400.90: Provide detailed procedures for the handling, storage, and retrieval of deposited wills.
⚖️ Legal Authority and Rulemaking
The authority for the regulations under Title 53 stems from the State Mandates Act and the Illinois Administrative Procedure Act. These laws empower the State Mandates Board of Appeals to adopt rules necessary to carry out its duties and ensure that local governments are not unduly burdened by unfunded state mandates.
🧾 Case Law and Legal Precedents
While specific case law directly interpreting Title 53 is limited, the regulations are subject to judicial review under the Administrative Review Law. This means that decisions made by the State Mandates Board of Appeals can be contested in court if they are believed to be unlawful or unjust.
✅ Summary
Title 53 of the Illinois Administrative Code provides a structured framework for addressing disputes between state agencies and local governments regarding state mandates. Through its detailed procedures and provisions, it ensures that local governments have a clear process for challenging state-imposed requirements and seeking relief when necessary.
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