Agency Rulemaking Petition - Illinois

PETITION FOR RULEMAKING — ILLINOIS

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head Name / Title]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Petition for Rulemaking Under 5 ILCS 100/5-145
Requesting: ☐ Adoption ☐ Amendment ☐ Repeal of Administrative Rule
Subject Matter: [________________________________]

Dear [________________________________]:

Pursuant to Section 5-145 of the Illinois Administrative Procedure Act (5 ILCS 100/5-145), the undersigned petitioner(s) respectfully submit this Petition for Rulemaking requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt/amend/repeal] [________________________________] [identify rule or subject area].

This petition is accompanied by: (a) a clear statement of reasons for the proposed action; (b) the exact text or substance of the suggested new rule, amendment, or repeal; and (c) supporting documentation demonstrating the necessity and public benefit of the requested action.

The petitioner(s) respectfully request that the Agency acknowledge receipt of this petition and initiate rulemaking in accordance with the Illinois Administrative Procedure Act and the oversight procedures of the Joint Committee on Administrative Rules (JCAR).

Respectfully submitted,

[________________________________]
[Petitioner Name / Title]
[________________________________]
[Organization / Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]
[________________________________]
[Telephone Number]
[________________________________]
[Email Address]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION NO.: [____] (Agency Assigned)

I. IDENTIFICATION OF PETITIONER(S)

Primary Petitioner:

Additional Petitioner(s): ☐ See Attachment A for additional petitioners

Attorney/Representative (if applicable):

II. TYPE OF RULEMAKING ACTION REQUESTED

☐ Adoption of a new administrative rule
☐ Amendment of an existing administrative rule
☐ Repeal of an existing administrative rule
☐ Other: [________________________________]

Existing Rule Citation (if amendment or repeal):
Illinois Administrative Code Title: [____] Part: [____] Section(s): [____]

Proposed Rule Title: [________________________________]

Subject Matter Category: [________________________________]

III. STATEMENT OF NEED AND REASONS

A. Description of the Current Problem or Gap

[________________________________]
[________________________________]
[________________________________]

Explain in detail: (1) what current regulatory gap, deficiency, or problem exists; (2) who is affected; (3) how the affected population is harmed or disadvantaged by the absence of regulation or by the current rule; and (4) why agency action is necessary rather than voluntary compliance or legislative action.

B. Factual Basis for the Petition

[________________________________]
[________________________________]
[________________________________]

Provide specific facts, data, incidents, or conditions demonstrating the need for the proposed rulemaking, including:

☐ Documented incidents or complaints: [________________________________]
☐ Statistical data or studies: [________________________________]
☐ Industry or practice changes: [________________________________]
☐ Federal regulatory developments: [________________________________]
☐ Court decisions affecting the subject area: [________________________________]
☐ Other factual basis: [________________________________]

C. Why Existing Regulations Are Insufficient

[________________________________]
[________________________________]
[________________________________]

IV. PROPOSED RULE LANGUAGE

A. Complete Text of Proposed Rule (New Adoption)

TITLE [____] ILLINOIS ADMINISTRATIVE CODE
CHAPTER [____]
PART [____]

Section [____]. [Title of Proposed Section]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Proposed Amendment (Redline Format)

For amendments, indicate deletions with strikethrough and additions with underline:

Current Language:
[________________________________]
[________________________________]

Proposed Language (additions underlined, deletions struck):
[________________________________]
[________________________________]

C. Proposed Repeal

If seeking repeal, identify the specific rule(s):

V. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The [________________________________] [Agency Name] possesses the authority to adopt the proposed rule under the following statutes:

1. Organic Statute: [________________________________]
   - Specific grant of rulemaking authority: [________________________________]
   - Section citation: [________________________________]

2. Illinois Administrative Procedure Act: 5 ILCS 100/5-20 grants agencies authority to adopt rules necessary to implement their governing statutes.

3. Additional Statutory Authority:
   - [________________________________]
   - [________________________________]

B. Petition Right Under Illinois Law

Under 5 ILCS 100/5-145 of the Illinois Administrative Procedure Act, any interested person may petition an agency requesting the promulgation, amendment, or repeal of any rule. The petition must contain:

• A clear statement of reasons for the proposed rule, amendment, or repeal
• The exact language of the suggested new rule or amendment

The agency is required to consider the petition and, within a reasonable time, either deny the petition in writing (stating its reasons) or initiate rulemaking proceedings in accordance with Section 5-40.

C. Constitutional and Preemption Analysis

☐ The proposed rule does not conflict with the Illinois Constitution
☐ The proposed rule does not conflict with federal law or regulations
☐ The proposed rule does not conflict with existing state statutes
☐ Preemption analysis attached (if applicable): [________________________________]

D. JCAR Oversight Compliance

The proposed rule would be subject to review by the Joint Committee on Administrative Rules (JCAR) pursuant to the Illinois Administrative Procedure Act, Article 5. The petitioner has considered the following JCAR review standards:

☐ Statutory authority for the rule
☐ Consistency with legislative intent
☐ Economic and budgetary impact
☐ Compliance with the Illinois Administrative Procedure Act

VI. IMPACT ANALYSIS

A. Economic Impact

B. Regulatory Impact Assessment

☐ Does the proposed rule impose new regulatory burdens? [________________________________]
☐ Does the proposed rule duplicate existing regulations? [________________________________]
☐ Is the proposed rule the least restrictive means to achieve the objective? [________________________________]
☐ Has the impact on housing been considered per the Housing Affordability Impact Act? [________________________________]

C. Environmental Impact

[________________________________]

D. Impact on Affected Populations

VII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety Benefits

[________________________________]
[________________________________]

B. Consumer Protection Benefits

[________________________________]
[________________________________]

C. Fairness and Equity Benefits

[________________________________]
[________________________________]

D. Consistency with Public Policy

[________________________________]
[________________________________]

E. Stakeholder Support

VIII. SUPPORTING EVIDENCE AND EXHIBITS

IX. PETITIONER'S SPECIFIC REQUESTS

The petitioner(s) respectfully request that the [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition in writing within [____] days;

2. Initiate rulemaking proceedings in accordance with 5 ILCS 100/5-40, including publication of the proposed rule in the Illinois Register and opportunity for public comment;

3. Alternatively, if the Agency determines that the petition does not warrant initiation of formal rulemaking, provide a written denial stating the specific reasons for denial, as required by 5 ILCS 100/5-145;

4. Schedule a public hearing or informal conference to discuss the merits of the petition;

5. Coordinate with JCAR regarding the proposed rulemaking as required under the Illinois Administrative Procedure Act;

6. Provide notice to the petitioner of all actions taken on this petition.

X. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Printed Name: [________________________________]

Bar Number: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS — ILLINOIS

Where to File

Primary Filing: File with the specific agency that has jurisdiction over the subject matter of the proposed rule.

Agency Contact:

• Identify the agency's rulemaking liaison or general counsel
• Check the agency's website for specific filing instructions
• The Illinois Secretary of State, Index Department, maintains a list of all agency contacts

JCAR Notification:
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, IL 62706
Phone: (217) 785-2254

How to File

☐ Deliver the petition by certified mail, return receipt requested
☐ Hand-deliver to the agency's designated office (obtain a time-stamped copy)
☐ Check whether the agency accepts electronic filing
☐ Retain a copy of the filed petition with proof of filing

Filing Requirements

☐ Original petition plus [____] copies (check agency requirements)
☐ All exhibits and supporting documents properly labeled
☐ Cover letter addressed to agency head
☐ Proof of service (if required by agency rules)

Filing Fee

Illinois law does not generally require a filing fee for petitions for rulemaking. However, check with the specific agency for any applicable fees.

AGENCY RESPONSE REQUIREMENTS

Agency Obligations Under 5 ILCS 100/5-145

Upon receipt of a properly filed petition for rulemaking, the agency must:

1. Consider the petition — The agency must review the petition and the supporting materials submitted.

2. Act within a reasonable time — While the Illinois APA does not specify an exact deadline, the agency must respond within a reasonable time.

3. Grant or deny the petition:
   - If granted: The agency initiates rulemaking proceedings under 5 ILCS 100/5-40, including publication of proposed rules in the Illinois Register, a minimum 45-day public comment period, and JCAR review.
   - If denied: The agency must provide a written denial stating the reasons for denial.

Rulemaking Process if Petition Is Granted

Tracking Your Petition

☐ Maintain records of all communications with the agency
☐ Monitor the Illinois Register for any rulemaking notices
☐ Check the JCAR website for rulemaking activity
☐ Follow up in writing if no response is received within 60 days

APPEAL OF DENIAL

Options if the Petition Is Denied

If the agency denies the petition for rulemaking, the petitioner may consider the following remedies:

A. Legislative Petition

• Contact members of the Illinois General Assembly to request legislative action
• Petition JCAR to review the agency's denial
• JCAR has oversight authority under 5 ILCS 100/5-145 and related provisions

B. Administrative Review

• Under 5 ILCS 100/10-25, a denial of a petition for rulemaking may be subject to judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.)
• Review is typically limited to whether the denial was arbitrary, capricious, or an abuse of discretion
• File a complaint in the appropriate Illinois circuit court

C. Renewed Petition

• Submit a new petition with additional supporting evidence
• Address the specific reasons cited by the agency for denial
• Build broader stakeholder support before refiling

D. Public Advocacy

• Participate in public comment periods for related rulemakings
• Engage with the Governor's Office on regulatory matters
• Build coalition support among affected stakeholders

Judicial Review Standards

Courts reviewing agency denials of petitions for rulemaking generally consider:

☐ Whether the agency considered the petition
☐ Whether the reasons for denial are adequately stated
☐ Whether the denial is arbitrary, capricious, or contrary to law
☐ Whether the agency abused its discretion

DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Identified the correct agency with jurisdiction over the subject matter
☐ Researched the agency's specific filing requirements and procedures
☐ Confirmed the agency's mailing address and contact information
☐ Researched current statutory authority for the proposed rule
☐ Reviewed existing Illinois Administrative Code provisions
☐ Checked the Illinois Register for pending related rulemakings
☐ Consulted JCAR website for recent rulemaking activity

Petition Components

☐ Cover letter addressed to agency head
☐ Formal petition with all required sections completed
☐ Clear statement of reasons for proposed rulemaking
☐ Exact text of proposed rule language (or amendment/repeal language)
☐ Legal authority analysis with specific statutory citations
☐ Impact analysis (economic, regulatory, environmental)
☐ Public interest arguments
☐ Supporting evidence and exhibits properly labeled

Filing Requirements

☐ Petition signed and dated by petitioner(s)
☐ Attorney signature (if represented)
☐ Original plus required number of copies
☐ Proof of filing (certified mail receipt or stamped copy)
☐ Service on any required parties

Post-Filing Actions

☐ Calendar follow-up date (60 days if no specific deadline)
☐ Monitor Illinois Register for agency action
☐ Prepare for potential public hearing participation
☐ Notify stakeholders and coalition members of filing

PRACTICE TIPS FOR ILLINOIS PRACTITIONERS

Strengthening Your Petition

1. Research the agency's rulemaking history. Review the Illinois Register and JCAR records for the agency's recent rulemaking activity to understand institutional priorities and receptivity.

2. Engage with agency staff informally. Before filing, consider requesting an informational meeting with the agency's rulemaking liaison or general counsel to discuss the proposal.

3. Build a coalition. Petitions supported by multiple stakeholders, industry associations, or advocacy organizations carry greater weight.

4. Provide comprehensive economic data. Illinois agencies must consider economic impact in rulemaking; providing thorough cost-benefit analysis strengthens the petition.

5. Address JCAR concerns proactively. Draft the proposed rule with JCAR review standards in mind, particularly statutory authority, consistency with legislative intent, and avoidance of unnecessary regulatory burden.

6. Reference comparable rules in other states. Demonstrating that other states have adopted similar rules supports the reasonableness and feasibility of the proposal.

7. Consider the Governor's Executive Orders. Be aware of any executive orders regarding regulatory reform, reduction, or moratoriums that may affect the petition.

Common Pitfalls to Avoid

1. Filing with the wrong agency. Verify the agency's jurisdiction before filing.
2. Vague proposed rule language. Provide specific, enforceable rule text rather than general policy statements.
3. Insufficient legal authority analysis. Identify specific statutory provisions authorizing the rule.
4. Ignoring existing rulemaking. Check whether the agency is already considering rules on the same subject.
5. Failing to address economic impact. Illinois law requires agencies to consider the impact of rules on businesses and the public.

Timeline Expectations

• Initial acknowledgment: 2-4 weeks (agency-dependent)
• Substantive response: 60-180 days (no statutory deadline, but persistent follow-up is advisable)
• Rulemaking process (if initiated): 6-18 months from First Notice to effective date
• JCAR review cycle: Meets monthly; plan submissions accordingly

SOURCES AND REFERENCES

Primary Illinois Statutes

• 5 ILCS 100/5-145 — Petition for Rulemaking (right to petition, agency response requirement)
• 5 ILCS 100/5-40 — General Rulemaking Requirements (notice, comment, and hearing procedures)
• 5 ILCS 100/5-35 — Agency Rulemaking Authority
• 5 ILCS 100/5-50 — Peremptory Rulemaking (emergency/peremptory rules)
• 5 ILCS 100/10-25 — Administrative Review of Agency Action
• 735 ILCS 5/3-101 et seq. — Administrative Review Law

Administrative Resources

• 1 Illinois Administrative Code Part 220 — JCAR Rulemaking Procedures
• Illinois Register — Official publication for proposed and adopted rules
• JCAR Website: https://www.ilga.gov/commission/jcar/
• Illinois Secretary of State, Index Department — Rule filing and index
• Illinois General Assembly Website: https://www.ilga.gov

Helpful References

• Illinois Institute for Continuing Legal Education (IICLE), Administrative Law handbook
• Illinois State Bar Association, Administrative Law Section resources
• JCAR, "How Rules Are Made in Illinois" guide

This template is designed for use by Illinois attorneys and interested persons seeking to petition state agencies for rulemaking action. It should be adapted to the specific requirements of the target agency. All statutory citations should be verified for current accuracy before filing. This document does not constitute legal advice.