Agency Rulemaking Petition - Indiana

NONSTATUTORY AGENCY RULEMAKING REQUEST — INDIANA

COVER LETTER

[__/__/____]

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

Re: Nonstatutory request to consider rulemaking concerning [SUBJECT]
Requesting: ☐ Adoption ☐ Amendment ☐ Repeal of Administrative Rule
Subject Matter: [________________________________]

Dear [________________________________]:

The undersigned requester(s) ask [________________________________] [Agency Name] to consider initiating rulemaking to [adopt/amend/repeal] a rule concerning [________________________________] [identify rule or subject area].

This is a voluntary, nonstatutory request. Current IC 4-22-2-23 governs an agency's first public-comment notice; it does not create the public petition procedure formerly attributed to that section. The request supplies reasons, proposed text, and supporting material for the Agency's discretionary consideration and any optional solicitation under IC 4-22-2-23.1.

The requester(s) ask the Agency to acknowledge receipt and advise whether it will consider the proposal. No general statutory response deadline is asserted.

Respectfully submitted,

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

FORMAL NONSTATUTORY RULEMAKING REQUEST

BEFORE THE [________________________________] [AGENCY NAME]

STATE OF INDIANA

PETITION NO.: [____] (Agency Assigned)

I. IDENTIFICATION OF PETITIONER(S)

Primary Requester:

Additional Requester(s): ☐ See Attachment A for additional requesters

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

Existing Rule Citation (if amendment or repeal):
Indiana Administrative Code Title: [____] Article: [____] Rule: [____]

Proposed Rule Title: [________________________________]

Subject Matter Category: [________________________________]

III. STATEMENT OF NEED AND REASONS

A. Description of the Problem or Regulatory Gap

[________________________________]
[________________________________]
[________________________________]

This section must clearly identify: (1) the specific problem, harm, or regulatory gap requiring agency action; (2) the individuals, businesses, or entities affected; (3) the scope and severity of the problem; and (4) why rulemaking is the appropriate remedy.

B. Factual Basis Supporting the Request

[________________________________]
[________________________________]
[________________________________]

Provide specific data, studies, incidents, or conditions supporting the need for the proposed rule, including:

☐ Documented incidents or complaints: [________________________________]
☐ Statistical data or research: [________________________________]
☐ Industry or practice changes: [________________________________]
☐ Federal regulatory developments: [________________________________]
☐ Court decisions: [________________________________]
☐ Technological changes: [________________________________]
☐ Other: [________________________________]

C. Inadequacy of Current Regulations

[________________________________]
[________________________________]
[________________________________]

Explain why existing rules (or the absence of rules) fail to address the problem.

IV. PROPOSED RULE LANGUAGE

A. Complete Text of Proposed Rule (New Adoption)

TITLE [____] INDIANA ADMINISTRATIVE CODE
ARTICLE [____]
RULE [____]

Section [____]. [Title of Proposed Section]

(a) [________________________________]
(b) [________________________________]
(c) [________________________________]
(d) [________________________________]

B. Proposed Amendment (Showing Changes)

For amendments, show current text and proposed changes:

Current Rule Text:
[________________________________]
[________________________________]

Proposed Rule Text (additions in [brackets], deletions in {braces}):
[________________________________]
[________________________________]

C. Proposed Repeal

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

V. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The [________________________________] [Agency Name] possesses rulemaking authority under the following provisions:

1. Organic Statute: [________________________________]
   - Grant of rulemaking authority: [________________________________]
   - Section citation: IC [________________________________]

2. Indiana Administrative Rules Statute: IC 4-22-2 governs the adoption, amendment, and repeal of administrative rules by Indiana state agencies.

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

B. Status of This Request

This document is not filed under a general petition right in IC 4-22-2. Current IC 4-22-2-23 governs the first public-comment notice after an agency has elected to proceed and obtained the required authorization. IC 4-22-2-23.1 permits, but does not require, an agency to solicit public comments on the need for or drafting of a rule before or after its IC 4-22-2-22.8 submission.

Separate authority for an enforceable request or remedy, if any: [AGENCY ORGANIC STATUTE / AGENCY RULE / POLICY / NONE IDENTIFIED]

C. Indiana OMB and State Budget Agency Requirements

If the Agency elects to adopt a rule through the ordinary IC 4-22-2-23 route, it must first conduct the IC 4-22-2-22.7 regulatory analysis and submit the request and materials required by IC 4-22-2-22.8 to the Budget Agency and Office of Management and Budget. Those offices may authorize public-comment periods with or without changes, return the request for more information, or disapprove commencement with reasons.

☐ Cost-benefit and statutory rule standards addressed
☐ Annual economic impact on small businesses addressed
☐ Two-year combined implementation/compliance cost threshold analyzed
☐ Any separately applicable fiscal, environmental, fee, fine, penalty, or federal-law analysis identified
☐ Supporting data, studies, alternatives, and non-mandated costs identified

D. Constitutional and Preemption Analysis

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

VI. IMPACT ANALYSIS

A. Economic Impact

B. Information Useful to the Agency's Regulatory Analysis

The requester may supply information that would help the Agency prepare the analysis required by IC 4-22-2-22.7 if it elects to proceed:

☐ Description of affected persons and entities
☐ Quantified implementation and compliance costs over two years
☐ Cost-benefit data and supporting studies
☐ Annual economic impact on small businesses under the applicable statutory definition
☐ Comparison with state and federal requirements
☐ Less burdensome alternatives and reasons for any non-mandated requirement or cost
☐ Other analysis required by a separate applicable law

C. Social and Community Impact

[________________________________]
[________________________________]

VII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety Benefits

[________________________________]
[________________________________]

B. Consumer Protection Benefits

[________________________________]
[________________________________]

C. Economic Development Benefits

[________________________________]
[________________________________]

D. Consistency with State Policy

[________________________________]
[________________________________]

E. Stakeholder Support

VIII. SUPPORTING EVIDENCE AND EXHIBITS

IX. PETITIONER'S SPECIFIC REQUESTS

The requester(s) respectfully ask the [________________________________] [Agency Name] to:

1. Acknowledge receipt of this request in writing;

2. Evaluate the proposal against the Agency's organic authority, priorities, and current rules;

3. Advise voluntarily whether the Agency will initiate rulemaking, solicit preliminary comments under IC 4-22-2-23.1, defer the proposal, or decline it;

4. Add the requester to public-notice lists or identify the subscription route for any related rulemaking;

5. If the Agency elects to proceed, conduct the current IC 4-22-2-22.7 analysis and follow the IC 4-22-2-22.8 authorization route before the ordinary public-comment periods; and

6. After publication under IC 4-22-2-23 and, if applicable, -24, conduct the hearing required by IC 4-22-2-26.

X. REQUESTER CERTIFICATION AND SIGNATURE

I, [________________________________], certify that I have identified the sources and assumptions supporting this request and that factual statements are accurate to the best of my knowledge after reasonable review. This is not a statutory verification or sworn declaration unless a separately identified agency requirement makes it one.

Requester Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Printed Name: [________________________________]

Indiana Bar Number: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS — INDIANA

Where to File

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

Agency Contact:

• Identify the agency's rules coordinator or general counsel
• Check the agency's website for a voluntary request, policy-comment, or correspondence route
• Do not confuse the Agency's IC 4-22-2-22.5 docket for pending rulemaking actions with a docket for this request

Current Agency webpage and contact source checked on: [DATE / URL]

How to File

☐ Use the submission method the Agency currently identifies
☐ If no route is published, request instructions from the Agency
☐ Retain a complete copy of the submitted request with proof of delivery

Filing Requirements

☐ Copies or file format required by the specific agency, if any
☐ All exhibits and supporting documents properly labeled
☐ Cover letter addressed to agency head or rules coordinator
☐ Proof of delivery retained by requester

Fee and Form Check

This packet does not assert that a fee is required or prohibited. Record the Agency's current instruction: [NO FEE / FEE AND AUTHORITY / NO PUBLISHED INSTRUCTION].

AGENCY RESPONSE AND CURRENT RULEMAKING MAP

No General Statutory Response Duty Identified

The cited provisions of IC 4-22-2 do not require an agency to grant, deny, docket, or answer this nonstatutory request within a fixed or reasonable time. Any response promise must come from the target Agency's organic statute, rule, published policy, or voluntary correspondence.

Ordinary Indiana Rulemaking Process if the Agency Elects to Proceed

Provisional Route Is Not Requester-Controlled

IC 4-22-2-37.1 is a separate provisional-rule route requiring the Agency to demonstrate specified imminent conditions to the Governor and obtain approval. A requester cannot activate that route merely by labeling a matter urgent.

Tracking

☐ Record the submission date, method, recipient, and proof of delivery
☐ Monitor the Indiana Register and the Agency's public notices
☐ Once a first public-comment notice or other covered rulemaking action begins, monitor the Agency's IC 4-22-2-22.5 docket
☐ Follow up on a business date selected by the requester, clearly labeled as nonstatutory
☐ Preserve all Agency correspondence

IF THE AGENCY DECLINES OR DOES NOT RESPOND

Do not assume that a refusal or silence on this nonstatutory request is a judicially reviewable final agency action. Counsel must identify an independent statute, agency rule, order, or other reviewable action before calendaring an administrative appeal or judicial-review deadline.

Potential non-adjudicative next steps, subject to law and policy, include:

• Ask the Agency whether it accepts supplemental information or a revised request.
• Participate in any later IC 4-22-2 public-comment period on the subject.
• Communicate with legislators or other policy officials through lawful channels.
• Evaluate whether a separate declaratory, enforcement, records, or other remedy exists; do not infer one from this template.

Counsel's identified review or alternative route and authority: [________________________________]

Deadline, trigger, and official source (if any): [________________________________]

DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Identified the correct agency with jurisdiction
☐ Researched agency-specific filing requirements
☐ Confirmed the agency's address and rules coordinator contact information
☐ Researched statutory authority for the proposed rule
☐ Reviewed the Indiana Administrative Code for existing rules on the subject
☐ Checked the Indiana Register for pending related rulemakings
☐ Reviewed the agency's rulemaking docket (IC 4-22-2-22.5)

Request Components

☐ Cover letter addressed to agency head
☐ Nonstatutory request organized for the Agency's voluntary review
☐ Statement of need and reasons
☐ Proposed rule language (complete text or amendments)
☐ Legal authority analysis with statutory citations
☐ Impact information relevant to IC 4-22-2-22.7 and any separately applicable law
☐ Public interest arguments
☐ Supporting exhibits properly labeled and indexed

Filing Requirements

☐ Request signed and dated
☐ Attorney signature (if represented)
☐ Sufficient copies prepared
☐ Proof of filing obtained

Post-Filing Actions

☐ Calendar a clearly labeled nonstatutory follow-up date
☐ Monitor Indiana Register for agency action
☐ Monitor the Agency's rulemaking docket after a covered rulemaking action begins
☐ Prepare for potential public hearing testimony
☐ Notify stakeholders and supporters of filing

PRACTICE TIPS FOR INDIANA PRACTITIONERS

Strengthening Your Request

1. Understand the analysis and authorization process. If the Agency elects to proceed, it conducts the IC 4-22-2-22.7 analysis and then seeks Budget Agency and OMB authorization under IC 4-22-2-22.8 before ordinary public-comment periods.

2. Engage the agency early. Before filing, consider requesting an informal meeting with the agency's rules coordinator to discuss the proposal. Many agencies welcome advance input.

3. Draft with precision. Indiana rulemaking follows a specific format. Model your proposed rule language on existing Indiana Administrative Code provisions for consistency.

4. Address small-business impact. IC 4-22-2-22.7 incorporates the annual economic-impact statement requirement, and IC 4-22-2-28 requires ombudsman review for a proposed rule imposing requirements or costs on small businesses. Supply useful, sourced data without presenting the requester's analysis as the Agency's statutory analysis.

5. Document policy support. Include attributable stakeholder statements and identify any lawful legislative or intergovernmental coordination relevant to the proposal.

6. Use the docket accurately. IC 4-22-2-22.5 covers pending rulemaking actions after specified commencement events. It does not require the Agency to docket this nonstatutory request.

7. Check current executive and agency policy. Cite only directives or policies fetched from a current official source.

Common Pitfalls to Avoid

1. Calling IC 4-22-2-23 a petition statute. Current section 23 governs the first public-comment notice.
2. Filing with the wrong agency. Verify the agency's statutory jurisdiction over the subject matter.
3. Proposing rule language beyond agency authority. Ensure the proposed rule falls within the agency's organic statute.
4. Insufficient factual support. Distinguish sourced facts, estimates, assumptions, and policy arguments.
5. Failing to check for pending rulemaking. The agency may already be working on a related rule.

Timeline Expectations

• Acknowledgment or response: no general deadline is asserted; record only an Agency-specific commitment.
• First public-comment notice: if ordinary rulemaking begins, publication requirements must be completed at least 30 days before the hearing.
• Second public-comment period: required in the circumstances stated in IC 4-22-2-24, with its publication requirements completed at least 30 days before the hearing.
• Attorney General review: current IC 4-22-2-32 provides a 45-day review period after submission or qualifying resubmission.
• Governor review: current IC 4-22-2-34 provides 15 days, extendable to 30 days by the specified filing.

SOURCES AND REFERENCES

Primary Indiana Statutes

• IC 4-22-2 — Adoption of Administrative Rules (complete rulemaking chapter)
• IC 4-22-2-22.5 — Agency Rulemaking Docket
• IC 4-22-2-22.7 and -22.8 — Regulatory analysis and authorization to commence public-comment periods
• IC 4-22-2-23 and -24 — First and second public-comment notices and periods
• IC 4-22-2-23.1 — Optional agency solicitation of preliminary comments
• IC 4-22-2-26 and -27 — Public hearing and consideration of comments
• IC 4-22-2-28, -29, and -31 through -36 — Business review, adoption, approvals, filing, and effective date
• IC 4-22-2-37.1 — Provisional Rulemaking

Administrative Resources

• Official current Chapter 4-22-2 PDF: https://iga.in.gov/ic/2026/Title_4/Article_22/Chapter_2.pdf
• Target Agency's current rulemaking docket and contact page: [OFFICIAL URL]
• Indiana Register notice or proposed rule relevant to this request: [OFFICIAL URL / NONE]

This nonstatutory request packet should be adapted to the target Agency's current authority, policy, and contact route. It does not create a response duty, appeal right, deadline, or entitlement to rulemaking and does not constitute legal advice.