APA Comment Letter (General)

APA Comment Letter (General) — Indiana

Indiana Rulemaking Process: Overview

Under Indiana's Administrative Rules and Procedures statute (Ind. Code Title 4, Article 22, Chapter 2), state agencies must follow a multi-step rulemaking process that includes public notice, public hearings, and a public comment period before rules are adopted. Indiana's process is distinctive: if an agency receives substantive comments during the first comment period, a mandatory second comment period and second public hearing are required.

Key Statutory Authority:

• Ind. Code § 4-22-2-19: Requires agency to publish notice of rulemaking in a newspaper of general circulation in Marion County; and to file the proposed rule in the Indiana Register
• Ind. Code § 4-22-2-22.5: Requires agencies to maintain a public rulemaking docket
• Ind. Code § 4-22-2-23: Governs the first public comment period and first public hearing; notice of hearing must be published at least 30 days in advance
• Ind. Code § 4-22-2-24: If substantive comments are received during the first comment period or hearing, a second comment period of at least 30 days is required
• Ind. Code § 4-22-2-26: Governs second public hearing requirements when a second comment period is triggered

Indiana Rulemaking Timeline:

1. Agency Rulemaking Docket: Agency publishes intent to adopt rule (Ind. Code § 4-22-2-22.5)
2. First Notice: Agency publishes notice in Marion County newspaper and the Indiana Register; first public hearing scheduled at least 30 days out
3. First Public Hearing and Comment Period: Public submits comments; agency holds hearing
4. Second Comment Period (if triggered): If substantive comments received, a second 30-day comment period and second public hearing are required (Ind. Code § 4-22-2-24, § 4-22-2-26)
5. Governor's/OMB Review: Office of Management and Budget reviews significant rules
6. Final Adoption: Rule submitted to the Indiana Register for final publication

Where Proposed Rules Are Published:

• Indiana Register: Official publication for all rulemaking documents; available at iar.iga.in.gov
• Newspaper of general circulation in Marion County, Indiana
• Agency rulemaking dockets on agency websites

Comment Period: The first comment period runs from the date of notice; a public hearing is held at least 30 days after notice. If substantive comments are received, a second comment period of at least 30 days is required.

Submission Methods:

• Written comments to the agency contact designated in the notice
• Oral testimony at the public hearing
• Email to the designated agency rulemaking contact where accepted

Why Comments Matter:
Indiana's two-stage process means that substantive comments not only become part of the record — they trigger additional process. Agencies must respond to substantive comments. If you believe a rule exceeds the agency's statutory authority, the comment record is the foundation for any judicial challenge. Triggering the second comment period creates additional time and opportunity for negotiation, revision, and legislative engagement.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Office, if applicable]
[Street Address]
[Indianapolis, Indiana XXXXX] or [City, State, ZIP]

Re: Written Comments on Proposed Rulemaking
Indiana Register Citation: [________________________________]
Indiana Administrative Code Title: [____], Article [____], Rule [____]
Rule Title: [________________________________]
Public Hearing Date: [__/__/____]
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)

☐ Indiana resident or individual taxpayer
☐ Business operating in Indiana
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (city, county, or political subdivision)
☐ Healthcare provider or organization
☐ Agricultural operator or farm organization
☐ Educational institution
☐ 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 or has substantial interest in this rulemaking. Include facts about Indiana operations, the number of employees or members affected, and the specific nature of the regulatory impact.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

Indiana Administrative Code Citation:
IAC [____]-[____]-[____] (Title [____], Article [____], Rule [____])

Indiana Register Citation:
[________________________________]

Date Published in Indiana Register:
[__/__/____]

First Public Hearing Date:
[__/__/____]

Location of First Public Hearing:
[________________________________]

Written Comment Deadline:
[__/__/____]

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

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the proposed rulemaking filed by [________________________________] ("Agency") in the Indiana Register, pursuant to Ind. Code § 4-22-2-23.

[Describe your organization's interest in this rulemaking in 2–3 sentences. Note Indiana-based operations, regulated activities, members affected, and the nature of the regulatory impact on those operations.]

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

We recognize the Agency's stated purpose of [describe the regulatory objective]. However, we have identified the following significant concerns with the proposed rule that require Agency attention before final adoption.

IV. EXECUTIVE SUMMARY OF POSITIONS

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

1. [Summary of Position #1 — e.g., "IAC [X]-[XX]-[XX] uses an undefined term '[term]' that creates significant uncertainty for Indiana businesses operating under this rule."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The Agency lacks authority under its enabling statute, Ind. Code § [X], to impose the requirement set forth in IAC [X]-[XX]-[XX]."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The 60-day compliance timeline in IAC [X]-[XX]-[XX] is insufficient; Indiana businesses need a minimum of [X months] to implement the required changes."]
   [________________________________]

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

V. DETAILED COMMENTS BY RULE SECTION

Comment No. 1

Indiana Administrative Code Section: IAC [________________________________]

Type of Concern:
☐ Exceeds statutory authority under Ind. Code § [____]
☐ Constitutional infirmity (Indiana or U.S. Constitution)
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Conflicts with another Indiana statute or administrative rule
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in the rulemaking notice
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed rule provision from the Indiana Register]

Description of Concern:
[Describe the specific problem. Reference the exact language at issue, explain the harm or legal deficiency, and address why the Agency's stated rationale does not justify the provision as written. Where applicable, cite Indiana Code provisions, prior agency interpretations, or Indiana court decisions.]

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

Recommended Alternative Language:
We recommend that IAC [________________________________] be revised to read as follows:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Indiana statutory authority: [________________________________]
• Indiana case law or prior agency guidance: [________________________________]
• Data, studies, or economic analysis: [________________________________]
• Indiana-specific operational considerations: [________________________________]

Comment No. 2

Indiana Administrative Code Section: IAC [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Conflicts with another Indiana 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:

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

Comment No. 3

Indiana Administrative Code Section: IAC [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis
☐ Unrealistic compliance timeline
☐ 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. NOTICE OF SUBSTANTIVE COMMENT (TRIGGERING SECOND COMMENT PERIOD)

Commenter wishes to ensure that the Agency recognizes these comments as substantive comments within the meaning of Ind. Code § 4-22-2-24, which would require the Agency to open a second public comment period of at least 30 days and hold a second public hearing before adopting the final rule.

☐ Commenter asserts that these comments are substantive within the meaning of Ind. Code § 4-22-2-24 and requests that the Agency initiate a second public comment period and second public hearing pursuant to Ind. Code § 4-22-2-24 and § 4-22-2-26.

☐ If the Agency determines a second comment period is required, Commenter requests advance notice of the second comment period and hearing dates.

VII. FISCAL IMPACT AND SMALL BUSINESS CONCERNS

Does this rule have a significant fiscal impact on Indiana individuals, businesses, or governments?
☐ Yes ☐ No ☐ Uncertain

If yes, describe:

Estimated annual compliance costs (per entity):
$[________________________________]

Total estimated annual compliance costs for Indiana (aggregate):
$[________________________________]

Number of Indiana entities affected:
[________________________________]

Less burdensome alternatives the Agency should consider:
[________________________________]
[________________________________]
[________________________________]

Indiana Office of Management and Budget Review: Commenter requests that OMB review the fiscal and regulatory impact of this rule before final adoption, if not already under review.

☐ OMB review has been requested or is ongoing
☐ Commenter has not yet engaged OMB

VIII. REQUEST FOR PUBLIC HEARING TESTIMONY

☐ Commenter intends to testify at the first public hearing scheduled for [__/__/____] at [________________________________].

☐ Commenter requests that the hearing location be accessible to Indiana businesses outside of Indianapolis; suggest scheduling an additional hearing in [city]: [________________________________].

☐ Commenter requests written submission in lieu of hearing appearance for the record.

IX. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response in the final rule preamble to each substantive comment submitted during the public comment period;
2. Identify specifically what changes, if any, were made to the rule in response to public comments;
3. Notify Commenter if a second comment period is opened under Ind. Code § 4-22-2-24;
4. Notify Commenter at the address above when the final rule is published in the Indiana Register; and
5. If the Agency declines to adopt Commenter's recommended changes, provide a reasoned explanation sufficient to support judicial review.

X. EXHIBITS AND ATTACHMENTS

☐ No exhibits attached at this time. Commenter reserves the right to supplement the record.

XI. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the comment deadline of [__/__/____] as published in the Indiana Register notice for IAC [________________________________].

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

XII. 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. Initiate a second comment period under Ind. Code § 4-22-2-24 in recognition of the substantive comments submitted herein

We are available to provide additional information or technical assistance to the Agency. Please direct inquiries to:

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

Respectfully submitted,

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Comment Preparation Checklist

Before Submitting Comments

☐ Check the Indiana Register at iar.iga.in.gov for the proposed rule notice
☐ Review the agency's rulemaking docket for background documents (Ind. Code § 4-22-2-22.5)
☐ Confirm the first public hearing date (at least 30 days from notice) and location
☐ Confirm the written comment deadline
☐ Obtain the full text of the proposed rule from the Indiana Register
☐ Review the agency's fiscal and economic impact analysis
☐ Review the agency's enabling statute (Indiana Code chapter) for scope of authority
☐ Identify each specific IAC provision of concern
☐ Research Indiana statutory and case law relevant to the issues
☐ Gather supporting data, cost estimates, and operational facts
☐ Draft alternative regulatory language for each challenged provision
☐ Assess whether comments will be characterized as "substantive" under Ind. Code § 4-22-2-24 (which triggers a second comment period)
☐ Assess whether OMB review of the fiscal impact is warranted
☐ Prepare to testify at the public hearing if warranted
☐ Submit comments before the deadline; retain proof of submission
☐ Retain copies of all submitted comments and exhibits

Common Issues to Raise in Comments

☐ Agency exceeded its statutory authority under the Indiana Code enabling statute
☐ Rule conflicts with another provision of the Indiana Administrative Code
☐ Rule conflicts with applicable federal law or regulation
☐ Notice did not comply with Ind. Code § 4-22-2-19 requirements
☐ Inadequate fiscal or economic impact analysis
☐ Small business impact not adequately considered
☐ Alternative regulatory approaches not examined
☐ Compliance deadline is unreasonably short
☐ Key terms are undefined, ambiguous, or overbroad
☐ Substantive comments received — second comment period and hearing should be triggered (Ind. Code § 4-22-2-24)
☐ Constitutional concerns — Indiana or U.S. Constitution
☐ Rule imposes retroactive obligations without express statutory authority
☐ Rule conflicts with Indiana Governor's regulatory policy

Indiana-Specific Statutory and Regulatory References

Key Resources:

• Indiana Register: iar.iga.in.gov
• Indiana Administrative Code: iac.iga.in.gov
• Indiana Office of Management and Budget (OMB) — Provisional Rulemaking: in.gov/omb/rule-approval-process

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