Agency Rulemaking Petition - Illinois

ILLINOIS REQUEST TO ADOPT, AMEND, OR REPEAL A RULE

Purpose and Statutory Route

Under 5 ILCS 100/5-145(b), any interested person may ask an Illinois agency to adopt, amend, or repeal a rule. Each agency must prescribe its own procedure for considering and disposing of that request.

This packet therefore has two controls:

1. Complete the agency-procedure worksheet from the agency's current rule before filing.

2. Do not treat suggested content in this packet as a universal filing requirement.

If the agency has not initiated rulemaking under 5 ILCS 100/5-35 within 30 days after submission, § 5-145(b) deems the request denied. The statute does not itself require a written denial, a hearing, or a particular judicial-review route. Refer any denial or deemed denial for a separate remedies analysis.

1. Agency and Procedure Control

☐ Confirm the agency has prescribed a request procedure

☐ Confirm the current rule, not a superseded web page, controls

☐ Confirm whether the agency uses “request,” “petition,” or another defined title

☐ Confirm whether electronic delivery constitutes submission

2. Agency Authority and Existing-Law Map

Do not ask the agency to regulate beyond the authority granted by the General Assembly. Quote the operative authority and address any limit that bears on the requested text.

3. Request Design

Requested action: ☐ Adopt a new rule ☐ Amend an existing rule ☐ Repeal an existing rule

Existing rule citation, if any: [________________________________]

Short title: [________________________________]

Person requesting action: [________________________________]

Interest affected: [________________________________]

A. Problem Statement

[Describe the current condition, affected persons, and why agency rulemaking is requested.]

[________________________________]

B. Legal Fit

[Explain how the proposed action fits the agency's specific statutory authority and limits.]

[________________________________]

C. Evidence

D. Affected Persons and Operations

E. Alternatives Considered

4. Proposed Text Worksheet

Provide proposed text when the agency's rule requires it or when it will make the request clearer. Follow the current Illinois Administrative Code and agency drafting format.

A. Adoption

Title [____], Part [____], Section [____] — [TITLE]

[________________________________]

B. Amendment

C. Repeal

D. Definitions, Scope, and Administration

☐ Defined terms are necessary and used consistently

☐ Regulated persons and activities are identifiable

☐ Duties, prohibitions, permissions, and exceptions are distinct

☐ Records, reporting, timing, and transition provisions are operational

☐ Enforcement language stays within statutory authority

☐ Effective-date or transition request is explained

5. Cover Letter

[__/__/____]

[REQUIRED RECIPIENT]

[AGENCY]

[ADDRESS OR AUTHORIZED ELECTRONIC ROUTE]

Re: Request under 5 ILCS 100/5-145(b) to [adopt / amend / repeal] [RULE OR SUBJECT]

Dear [________________________________]:

[REQUESTER] submits the enclosed request asking [AGENCY] to [adopt / amend / repeal] [IDENTIFY RULE OR SUBJECT]. The request is filed under 5 ILCS 100/5-145(b) and [CITE THE AGENCY'S CURRENT PROCEDURAL RULE].

The enclosed materials address the agency's statutory authority, the current rule or regulatory gap, the requested action, and supporting evidence. [IDENTIFY ANY CONTENT SPECIFICALLY REQUIRED BY THE AGENCY RULE].

Please direct communications concerning this request to:

[NAME]

[ADDRESS]

[EMAIL]

[TELEPHONE]

Respectfully submitted,

________________________________________

[NAME AND CAPACITY]

6. Formal Request

BEFORE [AGENCY]

REQUEST TO [ADOPT / AMEND / REPEAL] A RULE

1. Requester. [Identify the requester and interest affected.]

2. Requested action. [State precisely what the agency is asked to adopt, amend, or repeal.]

3. Agency authority. [Quote and cite the specific statutory grant supporting the requested action.]

4. Agency procedure. This request follows [CITE CURRENT AGENCY RULE], including [identify required content, form, service, and filing elements].

5. Current rule or gap. [Identify the current Illinois Administrative Code text or absence addressed.]

6. Reasons. [State the factual and policy reasons supported by attached evidence.]

7. Proposed text. [Insert or attach text if required or useful.]

8. Affected persons and impact. [Describe supported operational and economic effects without speculation.]

9. Alternatives. [Explain narrower or non-rule alternatives considered.]

10. Request. The requester asks the agency to consider and dispose of this request under its current procedural rule and 5 ILCS 100/5-145(b).

Date: [__/__/____]

________________________________________

[REQUESTER OR AUTHORIZED REPRESENTATIVE]

7. Exhibit Index

Verify the lawful handling route before submitting confidential, privileged, personal, or protected information.

8. Submission and Thirty-Day Tracker

Do not substitute a courtesy acknowledgment, meeting, or statement of interest for evidence that the agency initiated rulemaking proceedings under § 5-35.

9. Final Quality-Control Checklist

☐ Correct agency and statutory authority confirmed

☐ Current agency request procedure followed

☐ Existing rule and pending rulemaking checked

☐ Requested action stays within agency authority

☐ Required form, recipient, method, copies, and exhibits confirmed

☐ Every factual assertion tied to evidence

☐ Proposed text follows the agency's required format

☐ Submission proof preserved

☐ Thirty-day date independently calculated

☐ No promise of written denial, hearing, JCAR review of denial, or judicial remedy inserted

☐ Illinois counsel completed final legal review

Sources and References

• Illinois Administrative Procedure Act — Article 5

This packet ends at submission, agency initiation of rulemaking, denial, or deemed denial. Any later comment, hearing, JCAR, or review step requires a separate current-law analysis.