The Joint Committee on Administrative Rules, known as JCAR, is the Illinois legislature’s watchdog over state agency regulations. It is a bipartisan, twelve-member committee of state senators and representatives that reviews rules proposed by Illinois agencies, checks that those rules stay inside the authority the General Assembly granted, and can object to, suspend, or recommend legislative action against rules it finds improper.1Illinois General Assembly. Joint Committee on Administrative Rules Because agency rules carry the force of law in areas from licensing to taxes to environmental standards, JCAR’s review is often the last stop before a regulation starts affecting your business, your profession, or your household.
Who Sits on JCAR
JCAR has twelve legislators: six senators and six representatives. Each chamber splits its seats evenly between the majority and minority parties, so each party holds three seats per house. The committee has two co-chairs, one appointed by the Senate President and one by the Speaker of the House.1Illinois General Assembly. Joint Committee on Administrative Rules The strict partisan balance is deliberate. No one party, and no single legislative leader, can decide which rules get picked apart or waved through.
The committee was created in 1977 under the Illinois Administrative Procedure Act and operates under the authority spelled out in that Act.1Illinois General Assembly. Joint Committee on Administrative Rules
What JCAR Reviews
Under 5 ILCS 100/5-100, JCAR evaluates every proposed rule for legal adequacy, its relationship to the underlying statutory authority, and its economic and budgetary effects. The committee also looks at whether the agency considered alternatives that would reduce the burden on small businesses, and it monitors general agency compliance with the Administrative Procedure Act.2Illinois General Assembly. Illinois Code 5 ILCS 100/5-100 – Powers of the Joint Committee
Its reach is not limited to new proposals. Section 5-120 lets JCAR review any rule already on the books, test it against statutory authority and proper form, and object if the rule falls short. If the agency refuses to fix the problem, the committee can recommend that the General Assembly step in with legislation.3Illinois General Assembly. Illinois Code 5 ILCS 100 – Illinois Administrative Procedure Act – Section 5-120 Members of the public can also file written complaints about agency rules, and JCAR reviews them under its complaint procedures.4Illinois General Assembly. Illinois Administrative Code Title 1 Section 260 – Complaint Reviews
Where JCAR Fits in the Rulemaking Timeline
A proposed rule moves through two review stages before it can become permanent, and JCAR enters formally at the second stage.
First Notice
An agency publishes its proposed rule in the Illinois Register, the weekly official publication of the Secretary of State. Publication starts the First Notice period, which runs at least 45 days. During this window the public can submit comments to the agency. The agency must hold a public hearing if it receives a request from 25 or more interested people, an association representing at least 100 people, the Governor, JCAR itself, or an affected local government.5Illinois General Assembly. Illinois Code 5 ILCS 100/5-40
Second Notice
Once First Notice closes and the agency revises the proposal, it files the final draft with JCAR. That filing starts the Second Notice period, which also runs 45 days. JCAR staff and members analyze the draft during this window, looking at statutory authority, drafting quality, and whether the public received adequate notice of what the rule actually does. The agency and JCAR can agree to extend Second Notice by up to another 45 days.5Illinois General Assembly. Illinois Code 5 ILCS 100/5-40
If JCAR raises no objection and the 45 days expire, the agency files the rule with the Secretary of State and it becomes permanent. Most rules clear review without a formal fight; staff on both sides typically negotiate fixes to vague or technical language before anything escalates.
What a JCAR Objection Actually Does
A JCAR objection sounds decisive, but it does not by itself stop a rule.6Illinois Department of Commerce and Economic Opportunity. The Rulemaking Process Under Section 5-110, the agency has 90 days after receiving the objection to pick one of three paths:
- Revise the rule to address the concerns and resubmit it.
- Withdraw the proposal entirely.
- Adopt the rule as written, publishing a notice of refusal in the Illinois Register.
If the agency ignores the objection and does nothing for 90 days, the silence counts as a refusal. If the agency modifies the rule but JCAR decides the fixes miss the point, the committee can notify the agency in writing and recommend that the General Assembly take legislative action.7Illinois General Assembly. Illinois Code 5 ILCS 100 – Illinois Administrative Procedure Act – Section 5-110
When JCAR Can Actually Block a Rule
JCAR’s hard stop is the suspension statement under Section 5-115. The committee can block a proposed rule from taking effect only if it finds that the rule would pose “a serious threat to the public interest, safety, or welfare.” Issuing a suspension requires a three-fifths supermajority of the committee’s appointed members, meaning at least eight of the twelve must vote yes.8Illinois General Assembly. Illinois Code 5 ILCS 100/5-115
When JCAR issues a suspension statement, the Secretary of State will not accept the rule for filing and the agency cannot enforce it. The General Assembly then has 180 days to act. Any legislator can introduce a joint resolution to override the suspension and let the rule take effect. If neither house passes an override within 180 days and JCAR has not withdrawn its statement, the rule dies permanently and the agency cannot file it.8Illinois General Assembly. Illinois Code 5 ILCS 100/5-115 JCAR itself can withdraw the suspension at any time by simple majority vote if the agency fixes the problem.
So the practical difference is this. An objection is a formal disagreement the agency can override. A suspension physically keeps the rule from taking effect unless the full legislature intervenes.
Emergency Rules and JCAR
Not every rule waits out the full timeline. When an agency finds a genuine threat to public interest, safety, or welfare, it can adopt an emergency rule without prior notice or a public hearing. The agency files the rule with the Secretary of State with written reasons, and it takes effect immediately. Emergency rules still appear in the Illinois Register, and the agency must accept written public comments, including by email.9Illinois General Assembly. Illinois Code 5 ILCS 100/5-45
An emergency rule expires after 150 days. The agency can start the normal rulemaking process in parallel to make it permanent, but it cannot adopt the same emergency rule more than once in any 24-month period, which prevents indefinite chaining.9Illinois General Assembly. Illinois Code 5 ILCS 100/5-45 JCAR keeps its authority to review and object to emergency rules under Section 5-120, and it can suspend them if the agency refuses to correct problems.3Illinois General Assembly. Illinois Code 5 ILCS 100 – Illinois Administrative Procedure Act – Section 5-120
Separately, peremptory rules cover narrow situations where federal law, a federal regulation, or a court order dictates the specific language the agency must adopt. Because the agency has no discretion, those rules skip the First Notice step but still appear in the Illinois Register and remain subject to JCAR review.
How You Can Weigh In
Specificity is what makes a comment matter. General objections to regulatory burden rarely move a review; references to specific rule text and concrete effects do.
The Illinois Register is the official source for proposed rulemakings and is published weekly by the Secretary of State on its website.10Illinois Secretary of State. Illinois Register JCAR also posts Second Notice versions of proposed rules on its site, with line numbers you can cite directly in correspondence.11Illinois General Assembly. Joint Committee on Administrative Rules – Second Notices
During the First Notice period, send comments to the proposing agency. During Second Notice, you can also send them to JCAR. Written comments go to the Executive Director at 700 Stratton Building, Springfield, Illinois 62706.4Illinois General Assembly. Illinois Administrative Code Title 1 Section 260 – Complaint Reviews In your comment, name the agency, give the Illinois Register citation for the proposed rule, identify the exact provision, and explain the concrete impact: a measurable cost, a conflict with another statute, or an unintended consequence.
Public hearing requests during First Notice must come within the first 14 days after publication, and the hearing cannot be held sooner than 20 days after publication.5Illinois General Assembly. Illinois Code 5 ILCS 100/5-40
For a rule already on the books, you can file a written complaint with JCAR. Send it to the Executive Director at the Springfield address, identify the rule, and explain the legal basis for your concern and how the rule affects you.4Illinois General Assembly. Illinois Administrative Code Title 1 Section 260 – Complaint Reviews The committee reviews complaints under Sections 5-100 and 5-120 and can open a formal review if the complaint has merit.