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Researching Illinois Administrative Regulations

Prepared by Frank Houdek, SIU Law Library — Spring 2008

STEP SOURCES & NOTES
Step 1—CODE: Go to an electronic version of the Illinois Administrative Code (IAC).

State of Illinois: http://www.ilga.gov/commission/jcar/admincode/titles.html

Westlaw: "IL-ADC" database

LexisNexis: "Illinois Administrative Code" source

PRINT: A less up-to-date print alternative is Code of Illinois Rules (Weil Publishing)

Step 2A—LOCATE BY SUBJECT: If you are trying to identify pertinent code sections by subject, use a terms & connectors search of the Ill. Admin. Code database.

State of Illinois: search box provided for "Keyword(s)" search

Westlaw: you may click on "Thesaurus" and/or "Field Restrictions" on search menu screen for assistance in developing search

LexisNexis: in Advanced search mode, you may click on "Suggest Terms for My Search" and/or "Restrict by Segment" on search menu screen for assistance in developing search

Step 2B—RETRIEVE KNOWN CODE SECTION: If you already know the code section you are looking for, use the retrieval function of the system.

State of Illinois: browse through title and part until you reach desired section

Westlaw: use "Find" – type in citation (e.g., 56 il adc 2520.360)

LexisNexis: use "Get A Document" – type in citation (e.g., 56 Ill. Admin. Code 2520.360)

Step 3—REVIEW CODE: Locate and read the code section, as well as the entire regulatory scheme of sections (if any) to which it belongs.

Westlaw: (1) click on "Table of Contents" link in left frame; shows you the section in context, OR (2) use "Previous/Next section" arrows at top of screen to move from section to section

LexisNexis: (1) click on "TOC" link in upper lefthand corner of screen (or click on hot-linked PART #) to see section in context, OR (2) click on "book browse" (at top of screen) to move from section to section (using arrows)

Step 4—SOURCE & AUTHORITY: Review source and authority information provided by code.

Westlaw: click on "General Materials" link at end of section; this will take you to details of Illinois Register source & ILCS authority for particular section; note: may have to go to first section of the part for complete info.

LexisNexis: Illinois Register source info. provided at end of section; for ILCS authority info., click on Authority & General Source link at end of section

Step 5—UPDATE the code by (1) determining the currentness of the section provided in the system's Ill. Admin. Code database; (2) checking the Illinois Register for any changes since that date.

Westlaw: (1) notice "current through" info. found on section; (2) click on Red Flag link on left frame if provided (this will take you into Illinois Register database to page where section was affected); (3) search Illinois Register database using date limitation & IAC § as search query (e.g., 2520.360 and da(aft 2/16/07))

LexisNexis: (1) notice "current through" info. found on section; (2) search Illinois Register source using date limitation & IAC § as search query (e.g., 2520.360 and date after 1/27/06)

PRINT: use cumulative "Sections Affected Index" (published quarterly and annually) in Illinois Register; must consult each issue of Register after last quarterly Sections Affected Index

Step 6—FIND CASES that have interpreted the regulation by by KeyCiting the regulation or searching Illinois case law databases, using the Ill. Admin. Code section as the search term (may combine with other terms to narrow the search).

The Illinois Administrative Code is not annotated.

Westlaw: click on KeyCite "citing references" link on the left frame.

LexisNexis: the Illinois Administrative Code is not covered by Shepard's; search Illinois case source (such as IL State Cases, Combined) using IAC § as search term.

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