APA Comment Letter (General)

APA Comment Letter (General) — Illinois

Illinois Rulemaking Process: Overview

Under the Illinois Administrative Procedure Act (5 ILCS 100/), Illinois state agencies must follow a two-notice rulemaking process with mandatory legislative review by the Joint Committee on Administrative Rules (JCAR) before rules can take effect.

Key Statutory Authority:

• 5 ILCS 100/5-40: Governs the First Notice period; agencies must publish proposed rules in the Illinois Register, initiating a 45-day public comment period
• 5 ILCS 100/5-50: After the First Notice comment period closes, the agency files the rule for the Second Notice period with JCAR; JCAR has 45 days to review
• 5 ILCS 100/5-100: Agencies must prepare an Economic Impact Analysis for rules with significant economic effects
• 5 ILCS 100/5-115: Regulatory flexibility analysis is required for rules affecting small businesses

Illinois Rulemaking Timeline (Two-Notice Process):

1. First Notice: Agency publishes proposed rule in the Illinois Register (Friday publication); 45-day public comment period begins
2. Public Comment Period: Public submits written comments during the 45-day First Notice period
3. Second Notice / JCAR Review: After First Notice closes, agency revises the rule if needed and files for Second Notice with JCAR; JCAR has 45 days to review
4. JCAR Action: JCAR may certify the rule (approve it), object to specific provisions, or prohibit adoption; objections require a supermajority vote of JCAR members to override
5. Final Adoption: Rule is published in the Illinois Register and takes effect after the Second Notice process

Where Proposed Rules Are Published:

• Illinois Register: Official weekly state publication; published every Friday; available at ilsos.net
• Agency websites with links to current rulemaking proceedings
• Illinois General Assembly website: ilga.gov

Comment Period: 45 days from date of First Notice publication in the Illinois Register.

Submission Methods:

• Written comments submitted directly to the agency contact listed in the First Notice
• Written comments may also be submitted to JCAR during the Second Notice period
• Oral testimony at public hearings (if scheduled)
• Email to designated agency rulemaking contact

JCAR's Role: JCAR is a bipartisan legislative committee that reviews all proposed rules for compliance with the Illinois APA, the agency's statutory authority, and legislative intent. Public comments submitted during the First Notice period can inform JCAR's review. Interested parties may contact JCAR directly during the Second Notice period.

Why Comments Matter:
Illinois agencies must consider all comments submitted during the First Notice period. JCAR may object to provisions raised by commenters. Well-documented public comments strengthen the administrative record for judicial review and may lead JCAR to file objections requiring the agency to modify or withdraw the rule.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Office, if applicable]
[Street Address]
[Springfield/Chicago, Illinois XXXXX]

Re: Written Comments on Proposed Rulemaking — Illinois Register First Notice
Illinois Register Citation: Vol. [____], No. [____] (dated [__/__/____])
Rulemaking Identifier / Part: [________________________________]
Illinois Administrative Code Title: [____], Part [____]
Rule Title: [________________________________]
First Notice Comment Deadline: [__/__/____]

I. IDENTIFICATION OF COMMENTER

Name of Commenter/Organization:
[________________________________]

Contact Name (if organization):
[________________________________]

Title:
[________________________________]

Mailing Address:
[________________________________]
[________________________________]

City, State, ZIP:
[________________________________]

Email Address:
[________________________________]

Telephone:
[________________________________]

Nature of Commenter's Interest:
(Check all that apply)

☐ Illinois resident or individual taxpayer
☐ Business operating in Illinois
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (municipality, county, or special district)
☐ Healthcare provider or organization
☐ Educational institution
☐ Environmental or public interest organization
☐ Attorney submitting on behalf of a client (client name: [________________________________])
☐ Other: [________________________________]

Brief Description of Commenter's Interest:
[Describe why you or your organization is directly affected by this rulemaking. Facts about Illinois-based operations, number of employees or members, and the direct regulatory impact strengthen the administrative record and help JCAR assess the rule's scope.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

Illinois Administrative Code Citation:
Ill. Admin. Code tit. [____], Part [____], Section [________________________________]

Illinois Register Citation:
Vol. [____], No. [____], Ill. Reg. [____] (dated [__/__/____])

Date of First Notice Publication:
[__/__/____]

First Notice Comment Deadline:
[__/__/____]

Agency Rulemaking Contact:
[________________________________]
Email: [________________________________]
Address: [________________________________]

Scheduled Public Hearing (if any):
Date: [__/__/____]
Time: [________________________________]
Location: [________________________________]

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the First Notice of Proposed Rulemaking published by [________________________________] ("Agency") in the Illinois Register, Vol. [____], No. [____], pursuant to 5 ILCS 100/5-40.

[Describe your organization's interest in this rulemaking in 2–3 sentences. Note the number of Illinois members or employees affected, the nature of your regulated activity, and how long you have operated in Illinois.]

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

We support the Agency's goal of [describe the regulatory objective]. However, we have significant concerns regarding the following provisions of the proposed rule. We respectfully request that the Agency address these concerns before submitting the rule for Second Notice and JCAR review.

IV. EXECUTIVE SUMMARY OF POSITIONS

The following is a summary of Commenter's principal positions on this rulemaking:

1. [Summary of Position #1 — e.g., "Proposed Ill. Admin. Code tit. [X], Part [XX], § [XXX] should be revised because [brief reason]."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The Agency's Economic Impact Analysis is deficient under 5 ILCS 100/5-100 because it fails to account for [specific omission]."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The Small Business Regulatory Flexibility Analysis required by 5 ILCS 100/5-115 does not adequately address alternatives for businesses with fewer than [X] employees."]
   [________________________________]

4. [Summary of Position #4 — if applicable]
   [________________________________]

5. [Summary of Position #5 — if applicable]
   [________________________________]

V. DETAILED COMMENTS BY RULE SECTION

Comment No. 1

Illinois Administrative Code Section: Ill. Admin. Code tit. [____], Part [____], § [____]

Type of Concern:
☐ Exceeds statutory authority under [cite Illinois enabling statute]
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Deficient Economic Impact Analysis (5 ILCS 100/5-100)
☐ Deficient Small Business Regulatory Flexibility Analysis (5 ILCS 100/5-115)
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Conflicts with another Illinois statute or administrative rule
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in First Notice
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed rule provision]

Description of Concern:
[Describe the specific problem with precision. Reference the exact language at issue, the harm or legal deficiency, and why the Agency's rationale does not justify the provision. Cite Illinois statutes, prior JCAR objections on similar issues, Illinois court decisions, or other authority.]

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

Recommended Alternative Language:
We recommend that Ill. Admin. Code tit. [____], Part [____], § [____] be revised to read as follows:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Illinois statutory authority: [________________________________]
• JCAR guidance or prior objections on analogous rules: [________________________________]
• Economic data or studies: [________________________________]
• Illinois-specific operational considerations: [________________________________]

Comment No. 2

Illinois Administrative Code Section: Ill. Admin. Code tit. [____], Part [____], § [____]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Deficient Economic Impact Analysis
☐ Deficient Small Business Regulatory Flexibility Analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Conflicts with another Illinois statute or rule
☐ Conflicts with federal law
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed rule provision]

Description of Concern:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Illinois statutory authority: [________________________________]
• Data or studies: [________________________________]
• Operational impact on Illinois entities: [________________________________]

Comment No. 3

Illinois Administrative Code Section: Ill. Admin. Code tit. [____], Part [____], § [____]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Deficient Economic Impact Analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Other: [________________________________]

Description of Concern:
[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:
[________________________________]
[________________________________]

[Add additional Comment sections as needed.]

VI. ECONOMIC IMPACT ANALYSIS DEFICIENCIES (IF APPLICABLE)

Under 5 ILCS 100/5-100, agencies proposing rules with significant economic effects must prepare an Economic Impact Analysis. Commenter identifies the following deficiencies in the Agency's Economic Impact Analysis:

☐ The Agency failed to prepare any Economic Impact Analysis
☐ The Analysis underestimates aggregate compliance costs because: [________________________________]
☐ The Analysis fails to consider the following affected industries or sectors: [________________________________]
☐ The Analysis does not address the availability of less costly alternatives
☐ The Analysis uses outdated or inaccurate data: [________________________________]
☐ Not applicable / analysis appears adequate

VII. SMALL BUSINESS REGULATORY FLEXIBILITY (IF APPLICABLE)

Under 5 ILCS 100/5-115, the Agency must consider less burdensome alternatives for small businesses. Commenter asserts:

☐ The Agency did not prepare the required Small Business Regulatory Flexibility Analysis
☐ The Analysis failed to consider the following alternatives: [________________________________]
☐ The rule as proposed would impose disproportionate costs on small Illinois businesses, estimated at $[________________________________] per year per small business
☐ Commenter proposes the following alternative compliance mechanism for small businesses: [________________________________]

VIII. JCAR ENGAGEMENT STRATEGY

During the Second Notice period, the Illinois Joint Committee on Administrative Rules (JCAR) reviews this rulemaking. Commenter intends to:

☐ Submit comments directly to JCAR during the Second Notice period
☐ Request a meeting with JCAR staff to discuss specific objections
☐ Testify at a JCAR hearing on this proposed rule
☐ Provide JCAR with copies of these First Notice comments
☐ No direct JCAR engagement planned at this time

JCAR Contact: 700 Stratton Building, Springfield, Illinois 62706
Phone: (217) 785-2254 | Website: ilga.gov/commission/jcar/jcarmain.html

IX. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that the Agency hold a public hearing on this proposed rulemaking during the First Notice period.

Basis for hearing request: [________________________________]
[________________________________]

☐ Commenter plans to attend and testify at the scheduled public hearing on [__/__/____].

☐ Commenter requests that the Agency schedule hearings in both Springfield and Chicago to ensure statewide access.

X. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment submitted during the First Notice period, included in the Second Notice filing;
2. Identify specifically what changes, if any, were made to the rule in response to public comments;
3. Notify Commenter when the Second Notice is filed with JCAR and when the final rule is published in the Illinois Register; and
4. If the Agency declines to adopt Commenter's recommended changes, provide a reasoned explanation sufficient to support judicial review under 5 ILCS 100/10-50.

XI. EXHIBITS AND ATTACHMENTS

☐ No exhibits attached at this time. Commenter reserves the right to supplement this record through the close of the First Notice comment period.

XII. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the First Notice comment deadline of [__/__/____] as published in the Illinois Register, Vol. [____], No. [____].

Method of Submission:
☐ U.S. Mail (postmarked on or before deadline)
☐ Hand delivery to Agency offices
☐ Electronic mail to: [________________________________]
☐ Online submission portal
☐ Facsimile to: [________________________________]

XIII. CONCLUSION

For the reasons stated in detail above, [Commenter Name] respectfully requests that [Agency Name]:

1. [Specific requested change #1]
2. [Specific requested change #2]
3. [Specific requested change #3]
4. Revise the Economic Impact Analysis / Small Business Regulatory Flexibility Analysis before Second Notice filing [if applicable]

We are available to provide additional information or to meet with Agency staff before the Second Notice filing. Please direct inquiries to:

[________________________________] (Contact Name)
[________________________________] (Title)
[________________________________] (Organization)
[________________________________] (Address)
[________________________________] (Email)
[________________________________] (Phone)

Respectfully submitted,

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Comment Preparation Checklist

Before the 45-Day First Notice Deadline

☐ Locate the proposed rule in the Illinois Register at ilsos.net (published every Friday)
☐ Note the Illinois Register volume, number, date of publication, and 45-day comment deadline
☐ Obtain the full proposed rule text, preamble, and supporting documents
☐ Review the Agency's Economic Impact Analysis (required for significant rules under 5 ILCS 100/5-100)
☐ Review the Agency's Small Business Regulatory Flexibility Analysis (5 ILCS 100/5-115)
☐ Review the enabling Illinois statute to assess whether the rule is within delegated authority
☐ Research prior JCAR objections on related rules (JCAR publishes objections in the Illinois Register)
☐ Identify each specific rule section of concern
☐ Draft alternative regulatory language for each provision you challenge
☐ Gather supporting economic data, cost estimates, or operational facts
☐ Assess whether JCAR should be contacted directly
☐ Submit comments before the 45-day deadline and retain proof of submission
☐ Plan for continued engagement during Second Notice and JCAR review period
☐ Retain copies of all submitted comments and exhibits

Common Issues to Raise in Comments

☐ Agency exceeded the statutory authority granted by the Illinois General Assembly
☐ Rule conflicts with another provision of the Illinois Administrative Code
☐ Rule conflicts with applicable federal law or regulation
☐ Economic Impact Analysis is deficient or missing (5 ILCS 100/5-100)
☐ Small Business Regulatory Flexibility Analysis is deficient or missing (5 ILCS 100/5-115)
☐ Inadequate consideration of alternative regulatory approaches
☐ Compliance deadline is unreasonably short for Illinois businesses
☐ Key terms are undefined, ambiguous, or overbroad
☐ Rule imposes retroactive obligations without statutory authorization
☐ Constitutional concerns — Illinois or U.S. Constitution
☐ First Notice was procedurally deficient under 5 ILCS 100/5-40
☐ Rule is inconsistent with legislative intent (basis for JCAR objection)

Illinois-Specific Statutory and Regulatory References

Key Resources:

• Illinois Register (weekly, Fridays): ilsos.net/departments/index/register/home.html
• Illinois Administrative Code: ilsos.net/departments/index/admin_code/home.html
• Joint Committee on Administrative Rules (JCAR): ilga.gov/commission/jcar/jcarmain.html
• JCAR objection and filing history: ilga.gov

This template is for informational and drafting purposes only. It does not constitute legal advice. Consult an Illinois-licensed attorney before submitting formal comments on proposed rulemaking.