APA Comment Letter (General) - Illinois

ILLINOIS FIRST-NOTICE RULEMAKING COMMENT LETTER

Purpose and Use Limit

This packet is for comments on an ordinary Illinois rulemaking in its first notice period under 5 ILCS 100/5-40(b). Use the exact Illinois Register notice to control the deadline, recipient, submission method, rule text, and any hearing information.

Section 5-40(b) requires at least 45 days' public notice and requires the agency to accept and consider submissions during that period. The notice must identify how comments may be submitted. Do not rely on a generic email, mailing address, postmark rule, or Friday-publication assumption.

1. Notice and Deadline Control

☐ Confirm the complete proposed text, not only the agency summary

☐ Confirm whether incorporated material or technical documents are available

☐ Confirm whether the notice has been corrected, extended, withdrawn, or superseded

☐ Preserve the notice and submission instructions used for filing

2. Commenter Identification

3. Proposal and Authority Map

For each proposed section:

☐ Quote the current proposed text exactly

☐ Compare it with the current rule text

☐ Read the specific enabling statute cited by the agency

☐ Identify the regulated person, duty, prohibition, permission, exception, and timing

☐ Separate legal objections from policy preferences and operational concerns

4. Evidence and Alternative-Text Map

Use concrete Illinois facts where available: affected locations, persons, transactions, systems, staffing, implementation time, costs, benefits, alternatives, and transition needs. Explain methods and assumptions for every estimate.

5. Comment Letter

[__/__/____]

VIA [METHOD AUTHORIZED BY FIRST NOTICE]

[RULEMAKING CONTACT]

[AGENCY]

[ADDRESS OR ELECTRONIC ROUTE]

Re: First Notice Comments — [RULEMAKING TITLE]

Illinois Register: Vol. [____], No. [____], at [____] ([__/__/____])

Proposed rule: [ILL. ADMIN. CODE CITATION]

Dear [________________________________]:

[COMMENTER] submits these comments during the first notice period identified above. [COMMENTER] is affected because [state supported Illinois interest and operations].

Executive Summary

1. [________________________________]

2. [________________________________]

3. [________________________________]

Comment 1 — [SHORT TITLE]

Proposed section: [________________________________]

Text at issue:

[Quote the proposal exactly]

Comment:

[Explain the legal, factual, technical, economic, implementation, or drafting concern.]

[________________________________]

Evidence:

[Identify exhibit, data, authority, and methodology.]

[________________________________]

Requested revision:

[Provide workable alternative text or a precise requested action]

Why the alternative works:

[________________________________]

Comment 2 — [SHORT TITLE]

Proposed section: [________________________________]

Text at issue:

[________________________________]

Comment and evidence:

[________________________________]

Requested revision:

[________________________________]

Implementation and Transition

The proposal should address the following implementation matters:

Small-Entity and Economic Information

Section 5-40(c) requires second-notice materials to include a final regulatory flexibility analysis summarizing small-business issues raised during first notice and the agency's treatment of proposed alternatives. It also requires an economic and budgetary analysis if JCAR timely requests one. Commenter provides the following record:

Requested Action

[COMMENTER] asks the agency to:

1. [Revise / withdraw / clarify] [specific provision];

2. Adopt the alternative text stated above or explain the operational reason for a different solution; and

3. Preserve these comments and exhibits in the rulemaking record.

Respectfully submitted,

________________________________________

[NAME AND CAPACITY]

6. Optional Public-Hearing Request

Use this section only after confirming that the request will be submitted within the first 14 days after Illinois Register publication.

Section 5-40(b) requires a public hearing upon a timely request from any one of these qualifying requesters:

☐ 25 interested persons

☐ An association representing at least 100 interested persons

☐ The Governor

☐ JCAR

☐ A unit of local government that may be affected

Request

[REQUESTER OR QUALIFYING GROUP] requests a public hearing on [RULEMAKING], published on [__/__/____] in [ILLINOIS REGISTER CITATION].

Qualifying basis: [________________________________]

Persons or association represented: [Attach and identify supporting list or authorization]

Issues for hearing: [________________________________]

Accessibility or language request: [________________________________]

Submission date and method: [________________________________]

Do not state that one interested person alone triggers a hearing.

7. Submission Certificate and Record

I certify that on [__/__/____] at [____], I submitted these comments to [RECIPIENT] by [METHOD] in accordance with the First Notice instructions.

________________________________________

[SIGNATURE]

8. Second-Notice Handoff

Under 5 ILCS 100/5-40(c), the second notice period begins when JCAR receives written notice and ordinarily runs 45 days, subject to the statutory extensions or earlier objection/no-objection events. After first notice closes:

Do not assume JCAR accepts a particular filing, schedules testimony, approves every rule, or creates a judicial-review consequence. Verify the current record and procedure for the specific rulemaking.

9. Final Quality-Control Checklist

☐ Correct notice, proposal, deadline, recipient, and method verified

☐ Every challenged provision quoted accurately

☐ Enabling authority read and cited precisely

☐ Factual claims tied to dated evidence

☐ Cost figures disclose method and assumptions

☐ Alternative text is operational and within agency authority

☐ Hearing request, if any, satisfies the 14-day and requester threshold

☐ No individualized agency-response promise inserted

☐ No false § 5-50, § 5-100, § 5-115, or § 10-50 label retained

☐ Submission proof and final files preserved

☐ Illinois counsel completed final legal review

Sources and References

• Illinois Administrative Procedure Act — Article 5

This packet addresses ordinary first-notice comments under § 5-40. Emergency, peremptory, required-rule, and other special rulemaking routes require separate current-law analysis.