Regulatory Comment Letter - Illinois

COMMENTS ON ILLINOIS PROPOSED RULEMAKING

Filing Gate

This form assumes a general rulemaking under 5 ILCS 100/5-40. Do not use it without first checking the Illinois Register notice and any agency-specific statute or rule.

For general rulemaking, § 5-40(b) requires at least 45 days of first notice beginning when the notice appears in the Illinois Register. The notice controls the filing instructions. Section 5-40(b) requires the agency to accept written submissions, including email or another publicly accessible electronic method identified in the notice, and to consider all submissions received.

Date: [________________________________]

To: [AGENCY RULEMAKING CONTACT]

Agency: [________________________________]

Submission method/address: [________________________________]

Re: Comments on [RULE TITLE], [2 ILL. ADM. CODE PART/SECTION]

Illinois Register citation: [VOLUME] Ill. Reg. [PAGE] ([DATE])

Dear [RULEMAKING CONTACT]:

[COMMENTER LEGAL NAME] submits these comments on the proposed rulemaking identified above. These comments respond to the first-notice publication and are submitted by the deadline and method stated in the Illinois Register notice.

1. Commenter and Affected Interest

1. Commenter is [individual / small business / nonprofit / trade association / local government / other] located at [address].

2. Commenter's operations or interests include [describe relevant activity].

3. The proposed rule would affect Commenter by [identify the regulated conduct, cost, procedure, benefit, license, reporting duty, or other direct effect].

4. The person signing below is authorized to submit these comments for [Commenter / organization].

2. Requested Action

Commenter asks the Agency to:

1. [Adopt / revise / withdraw] proposed Section [____];
2. Replace [quoted proposed language] with [exact proposed language];
3. Address the factual and cost evidence in Exhibits [____]; and
4. [Take another action within the Agency's authority].

3. Enabling Authority and Notice

The notice cites [STATUTE AND SECTION] as authority for the proposal. That provision authorizes the Agency to [quote or accurately summarize the delegated authority].

Commenter submits that proposed Section [____]:

☐ Fits the cited authority because [________________________________].

☐ Should be narrowed because [compare the proposed text with the enabling statute].

☐ Relies on an issue, study, or requirement that the notice does not clearly identify. The missing or unclear item is [________________________________].

Section 5-40(b) requires the first notice to include the proposed text, the specific statutory authority, a complete description of the subjects and issues, identified studies or research used to develop the rule, an initial regulatory flexibility analysis for proposed rules and amendments, and the time, place, and manner for comments. Identify the exact notice defect and resulting practical prejudice rather than using federal rulemaking labels.

4. Section-by-Section Comments

Comment 1 — [Short descriptive heading]

The proposal states: "[quote]".

Commenter recommends: "[replacement text]".

The revision is warranted because [facts, enabling authority, technical evidence, administrative feasibility, or unintended effect]. Supporting material appears at Exhibit [____], page [____].

Comment 2 — [Short descriptive heading]

The proposal states: "[quote]".

Commenter recommends: "[replacement text]".

The revision is warranted because [________________________________].

5. Operational and Economic Evidence

Use documented, reproducible estimates. Distinguish one-time implementation costs from recurring costs.

Key assumptions: [wage rates, affected units, frequency, implementation period, data source, and uncertainty range].

Commenter asks the Agency to use [alternative assumption or calculation] because [________________________________].

6. Small-Business Comments and Alternatives

Complete this section only if the commenter qualifies as a small business or is presenting substantiated small-business evidence.

The first notice's initial regulatory flexibility analysis identifies [types of small businesses, compliance procedures, and necessary professional skills]. Commenter submits the following small-business issues for consideration under § 5-40(b) and inclusion in the final regulatory flexibility analysis under § 5-40(c):

Suggested alternatives include [different reporting requirements / simplified forms / performance standards / phased compliance / limited exemption / other], tailored as follows: [________________________________].

Commenter requests a copy of the final regulatory flexibility analysis at [email or mailing address]. Section 5-40(c) requires the Agency to provide that analysis to each small business that commented during first notice and to another interested person who requests it, subject to the statute's permitted postage-and-handling charge.

7. Supporting Studies and Data

The notice identifies [study or research report]. Commenter:

☐ Relies on the study for [________________________________].

☐ Disagrees with the study because [method, sample, assumption, or omitted data].

☐ Requests access to the identified study and any underlying agency or agency-contractor data available under § 5-40(b)(3.5), subject to applicable disclosure protections.

Commenter's contrary or supplemental material is attached as Exhibit [____].

8. Public-Hearing Request — Optional

Delete this section unless the request is timely and the statutory threshold is satisfied or the Agency independently chooses to hold a hearing.

Section 5-40(b) requires a hearing if the Agency finds one would facilitate comments that might not otherwise be submitted, or if a qualifying request is received within the first 14 days after publication. A qualifying request may come from 25 interested persons, an association representing at least 100 interested persons, the Governor, JCAR, or an affected unit of local government. One commenter acting alone does not meet the numerical threshold.

Requesting group: [________________________________]

Qualification: [25 interested persons / association representing at least 100 interested persons / other statutory requester]

Publication date: [________________________________]

Fourteenth day: [________________________________]

Attached proof of qualification: Exhibit [____]

The requesting group asks the Agency to hold a public hearing because oral presentation would facilitate comments concerning [technical or factual issue] that might not otherwise be submitted. Proposed witnesses and subjects are [________________________________].

9. Discretionary Procedural Requests

The following are policy requests, not statements of an automatic statutory entitlement:

1. Confirm receipt of these comments at [email].
2. If the Agency makes a substantial first-notice revision, publish the revised text and allow an additional comment opportunity of [number] days.
3. Make any public hearing recording and public rulemaking materials available at [requested location or webpage], to the extent required or permitted by applicable law.
4. Provide the final regulatory flexibility analysis as requested in Section 6.

Section 5-40(c) governs the later JCAR second-notice period. It does not create a general automatic 60-day supplemental public-comment period. Public Act 104-0560, effective July 10, 2026, permits the Agency and JCAR to agree during the first 45-day extension to a second extension of up to 45 additional days; that JCAR timing change is not itself a new public-comment entitlement.

10. Conclusion

For the reasons above, Commenter asks the Agency to [adopt, revise, or withdraw specified provisions] and to use the exact revisions stated in Sections [____].

Please direct questions concerning this submission to [name, title, telephone, and email].

Respectfully submitted,

Signature: ______________________________

[Name]

[Title / organization]

[Address]

[Telephone / email]

Exhibit List

Filing Checklist

☐ Confirmed this is general rulemaking under § 5-40 or revised the form for the controlling procedure

☐ Read the full Illinois Register notice and proposed text

☐ Verified the agency's enabling statute and any agency-specific rulemaking provision

☐ Calculated the first-notice deadline and any hearing-request deadline

☐ Followed the exact email, portal, delivery, format, and copy instructions

☐ Removed unsupported federal terminology and generic litigation reservations

☐ Supported factual and cost claims with attached evidence

☐ Supplied exact replacement text where possible

☐ Retained proof of timely submission and receipt

Current Illinois Rulemaking Notes

• Section 5-40(b) provides at least 45 days for first notice and public submissions in a general rulemaking.
• A hearing is not available merely because one commenter requests it; the statutory request must be timely and satisfy one of § 5-40(b)'s requester thresholds.
• The initial and final regulatory flexibility analyses are not a generic requirement that the Agency certify “no significant impact.” Use the specific Illinois contents and process in § 5-40(b) and (c).
• JCAR second notice is generally 45 days, may be extended once by up to 45 days under § 5-40(c), and may be extended a second time by up to 45 days under § 5-40(c-5), added by Public Act 104-0560 effective July 10, 2026.
• Do not promise a supplemental comment period, ex parte filing procedure, or judicial-review route without separate authority applicable to the agency and rulemaking.

Official Sources

• 5 ILCS 100/5-40, consolidated display: https://www.ilga.gov/documents/legislation/ilcs/documents/000501000K5-40.htm
• Public Act 104-0560, effective July 10, 2026 (current amendment adding § 5-40(c-5) and conforming § 5-40(e)): https://www.ilga.gov/legislation/PublicActs/View/104-0560