REPORT DIGEST JOINT COMMITTEE ON ADMINISTRATIVE RULES
COMPLIANCE AUDIT For the Two Years Ended: Summary of Findings: Total this audit 2 Release Date: State of Illinois WILLIAM G. HOLLAND AUDITOR GENERAL To obtain a copy of the Report contact: (217)782-6046 or TDD (217) 524-4646 This Report Digest is also available on |
SYNOPSIS
{Expenditures and Activity Measures are summarized on the reverse page.} |
JOINT COMMITTEE ON ADMINISTRATIVE RULES
COMPLIANCE AUDIT
For The Two Years Ended June 30, 2000
EXPENDITURE STATISTICS | FY 2000 |
FY 1999 |
FY 1998 |
$902,357 |
$752,703 |
$709,012 |
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OPERATIONS TOTAL % of Total Expenditures |
$902,357 100.00% |
$752,703 100.00% |
$709,012 100.00% |
Personal Services |
$677,079 |
$552,178 |
$533,924 |
Other Payroll Costs (FICA, Retirement) |
$140,625 |
$113,590 |
$95,094 |
Contractual Services |
$26,258 |
$30,472 |
$31,505 |
All Other Operations Items |
$58,395 |
$56,463 |
$48,489 |
$146,349 |
$126,323 |
$122,718 |
SELECTED ACTIVITY MEASURES |
FY 2000 |
FY 1999 |
FY 1998 |
Rulemaking
Processes: |
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AGENCY DIRECTOR |
During Audit Period: Vicki Thomas |
Evaluation of agency rules
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FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS NONCOMPLIANCE WITH ILLINOIS ADMINISTRATIVE PROCEDURE ACT The Joint Committee on Administrative Rules (JCAR) has not fully complied with the Illinois Administrative Procedure Act (5 ILCS 100/5-130) which requires the evaluation of all rules of each agency at least once every five years. The Act requires JCARs evaluation of the rules to include the following: organizational, structural and procedural reforms that affect rules or rulemaking; merger, modification, establishment, or abolition of regulations; elimination or phasing out outdated, overlapping, or conflicting regulatory jurisdictions or requirements of general applicability; and economic and budgetary effects. We recommended JCAR either develop and implement a formal long range plan which addresses methods to bring its operations into compliance with these statutory requirements or seek legislative changes. (Finding 1, pages 9-11) JCAR officials responded that legislative changes have been initiated in the past but were not passed. They will again consider this issue when drafting legislative recommendations for 2001. This finding has been repeated since 1988. (For previous agency responses, see Digest Footnote 1.) OTHER FINDING The remaining finding was less significant and is being given attention by the Agency. We will review the Agencys progress towards the implementation of our recommendations in our next audit. Vicki Thomas, Executive Director, provided responses to our findings and recommendations. AUDITORS OPINION We conducted a compliance audit of the Joint Committee on Administrative Rules as required by the Illinois State Auditing Act. The Agency has no locally held or federal or State trust funds, consequently, there are no financial statements requiring a financial audit leading to an opinion. ____________________________________ WILLIAM G. HOLLAND, Auditor General WGH:KMA:pp SPECIAL ASSISTANT AUDITORS Our Special Assistant Auditors for this audit were Martin & Shadid, CPAs. DIGEST FOOTNOTES #1: NONCOMPLIANCE WITH ILLINOIS ADMINISTRATIVE PROCEDURE ACT - Previous Agency Responses 1998: "JCAR acknowledges that it has not been able to carry out the statutory requirement that it conduct a 5-year review of all the rules of all State agencies. During 4 years early in JCAR's history (1980-83), an attempt was made to conduct these reviews, but that effort had to be abandoned for lack of adequate staff resources to conduct both on-going review of new regulations and the 5-year periodic review .. The auditors recommend that if JCAR cannot conduct 5-year review, it seek an amendment to the Administrative Procedure Act to change the current mandatory requirement for such review. As this finding points out, such legislation has been initiated in the past, but without passage. JCAR will again consider this issue when it devises its legislative recommendations for 1999." 1996: "JCAR acknowledges that it has not been able to carry out the statutory requirement that it conduct a 5-year review of all the rules of all State agencies. During 4 years early in JCARs history (1980-83), an attempt was made to conduct these reviews, but that effort had to be abandoned for lack of adequate staff resources to conduct both on-going review of new regulations and the 5-year periodic review. ....JCAR will attempt to develop a plan that can be submitted to the General Assembly for its consideration in funding the operations of this agency. JCAR also periodically initiates or assists legislators with bills designed to update the Illinois Administrative Procedure Act. Such legislation is being drafted for consideration this session." 1994: "JCAR acknowledges that it has not been able to carry out the statutory requirement that it conduct a 5-year review of all the rules of all State agencies. During 4 years early in JCAR's 15-year history (1980-83), an attempt was made to conduct these reviews, but that effort had to be abandoned for lack of adequate staff resources to conduct both on-going review of new regulations and the 5-year periodic review. To responsibly fulfill both these mandates would require at least twice the staff resources that have been available to JCAR. . . . JCAR will again consider this issue when it devises its legislative recommendations." 1992: "JCAR acknowledges that it has not been able to carry out the statutory requirement that it conduct a 5-year review of all the rules of all State agencies. During 4 years early in JCAR's 15-year history (1980-83), an attempt was made to conduct these reviews, but that effort had to be abandoned for lack of adequate staff resources to conduct both on-going review of new regulations and the 5-year periodic review. To responsibly fulfill both these mandates would require at least twice the staff resources that have been available to JCAR. . . . JCAR will again consider this issue when it devises its legislative recommendations for 1994." 1990: "We concur with the finding, and since forms evaluation is part of the five-year review program, the Joint Committee will again introduce legislation identical to House Bill 1674 in the 1991 Spring Session of the General Assembly to make five-year review of agency rulemaking permissive rather than mandatory." 1988: "[Mr. Bruce Johnson, Director] I concur with the recommendation. I will recommend that the Joint Committee either amend Sections 7.08 and 7.6 of the Illinois Administrative Procedure Act to make the five year review and the evaluation of State forms permissive or that the Joint Committee request additional funding in order to comply." |