Regulatory Comment Letter - Indiana

REGULATORY COMMENT LETTER — INDIANA

Overview of Indiana Regulatory Comment Framework

This template is limited to comments on a proposed Indiana administrative rule during the ordinary public-comment process in IC 4-22-2. The Agency conducts the § 22.7 analysis and seeks Budget Agency and OMB authorization under § 22.8 before commencement of public-comment periods.

It does not create or supply a declaratory-order, advisory-opinion, no-action-letter, waiver, variance, nonrule-policy, enforcement, adjudicatory, or judicial-review route. Use a separately verified agency-specific instrument for those matters.

Filing Route Gate

Types of Regulatory Comments Covered

☐ Comment during the first public-comment period (IC 4-22-2-23)
☐ Comment during the second public-comment period, if triggered (IC 4-22-2-24)

FORMAL REGULATORY COMMENT LETTER

Letterhead Block

[________________________________]
[LAW FIRM / ORGANIZATION NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

Date: [__/__/____]

VIA: ☐ Electronic Submission ☐ U.S. Mail ☐ Hand Delivery ☐ Indiana Register Online Portal

[________________________________]
[Name of Agency Contact / Rules Coordinator]
[________________________________]
[Agency Name]
[________________________________]
[Division / Bureau, if applicable]
[________________________________]
[Agency Street Address]
[________________________________]
Indianapolis, Indiana [____]

RE: Line

Re: ☐ Comment on Proposed Rule / ☐ Request for Interpretation / ☐ Waiver Request / ☐ Petition for Declaratory Proceeding / ☐ Other

Indiana Administrative Code Citation: [____] IAC [____]-[____]-[____]
Indiana Register Citation: Vol. [____], No. [____], dated [__/__/____]
Document Control / LSA No. Shown in Notice: [________________________________]
Subject Matter: [________________________________]
Comment Period Deadline: [__/__/____]
Comment Period: ☐ First Comment Period ☐ Second Comment Period (IC 4-22-2-24)

I. INTRODUCTION AND IDENTIFICATION OF COMMENTER

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), this letter is submitted to [________________________________] ("Agency") regarding [________________________________].

Commenter Identification:

Interest and Standing:

The Commenter has a direct and substantial interest in this matter because:

☐ The Commenter is directly regulated by the Agency under [____] IAC [____]
☐ The Commenter is an Indiana business that will be affected by the regulation
☐ The Commenter represents [____] members/constituents subject to the regulation
☐ The Commenter has expertise relevant to the subject matter
☐ The Commenter is a unit of local government affected by the regulation
☐ Other: [________________________________]

[________________________________]
[Describe the specific nature of the Commenter's interest, including how the proposed rule affects the Commenter's operations, rights, or obligations.]

II. BACKGROUND AND FACTUAL CONTEXT

A. Regulatory Provision at Issue

The regulatory provision(s) at issue are:

1. [____] IAC [____]-[____]-[____]: [________________________________]
2. [____] IAC [____]-[____]-[____]: [________________________________]
3. Enabling Statute: Indiana Code § [________________________________]

B. Indiana Rulemaking Context

☐ This comment relates to a proposed rule published in the Indiana Register (first comment period)
☐ This comment relates to a proposed rule in its second comment period under IC 4-22-2-24

Note on Indiana's Comment Process: Under IC 4-22-2-24, if an agency receives substantive comments during the first comment period or hearing, or if the proposed rule is more stringent than an applicable federal requirement, the agency must conduct a second public comment period. The publication requirements for each applicable period must be completed at least 30 days before its public hearing.

C. Factual Background

[________________________________]
[Provide a detailed factual narrative describing the circumstances giving rise to this comment. Include relevant dates, transactions, business operations, compliance history, and any prior agency communications.]

D. Compliance Context

☐ The Commenter has identified an ambiguity in the proposed text
☐ The Commenter identifies a likely compliance effect if the rule is adopted
☐ The Commenter believes the regulation exceeds statutory authority
☐ The Commenter believes the regulation is more stringent than applicable federal requirements (IC 4-22-2-24)
☐ The Commenter believes the regulation conflicts with Indiana or federal law
☐ Other: [________________________________]

E. Governor's Office / OMB Regulatory Review

Before ordinary public-comment periods commence, the Agency must conduct the IC 4-22-2-22.7 analysis and obtain the determination required by IC 4-22-2-22.8 from the Budget Agency and OMB. The Commenter notes:

☐ The published notice includes the current regulatory analysis and determination
☐ The Commenter challenges a stated assumption, cost, benefit, or alternative in the analysis
☐ The Commenter supplies supporting data for the Agency's consideration

F. Prior Communications with Agency

☐ No prior communications regarding this matter
☐ Prior informal inquiry on [__/__/____] — Response received: ☐ Yes ☐ No
☐ Prior written request or comment on [__/__/____] — Response: [________________________________]
☐ Prior enforcement action — Case No. [________________________________]
☐ Participation in preliminary rulemaking meetings — Date(s): [________________________________]
☐ Other: [________________________________]

III. LEGAL ANALYSIS

A. Statutory Authority

The Agency's authority to adopt and administer the regulation at issue derives from Indiana Code § [________________________________]. Under Indiana law, an agency rule must be within the scope of authority granted by the enabling statute.

[________________________________]
[Analyze whether the regulation is within the Agency's statutory authority. Cite relevant provisions of the enabling statute and assess whether the Agency's interpretation is consistent with legislative intent.]

B. Regulatory Text Analysis

[________________________________]
[Provide a close textual analysis of the Indiana Administrative Code provision at issue. Identify ambiguities, undefined terms, or provisions susceptible to more than one reasonable interpretation.]

C. Federal Stringency Analysis (IC 4-22-2-24)

Under IC 4-22-2-24, a second public comment period is required if a proposed rule "establishes a requirement or limitation that is more stringent than an applicable federal requirement or limitation." The Commenter's analysis of federal stringency:

☐ The proposed rule is more stringent than the federal requirement at [________________________________]
☐ The proposed rule is consistent with the federal requirement
☐ No applicable federal requirement exists
☐ Analysis: [________________________________]

D. Consistency with Indiana Rulemaking Requirements

Under IC 4-22-2, agencies must comply with procedural requirements, including:

☐ Regulatory analysis under IC 4-22-2-22.7
☐ Budget Agency and OMB authorization under IC 4-22-2-22.8 before public-comment periods commence
☐ First-period publication package at least 30 days before the public hearing (IC 4-22-2-23)
☐ Small business regulatory flexibility analysis
☐ Any environmental or other analysis required by a separately applicable law
☐ Second comment period if substantive comments received (IC 4-22-2-24)
☐ Second-period notice summarizing first-period written comments and the Agency's response, if a second period is required

[________________________________]
[Analyze compliance with Indiana rulemaking requirements as applicable.]

E. Economic and Practical Impact

[________________________________]
[Provide detailed analysis of the economic and practical impact. Indiana's rulemaking process requires agencies to consider the economic effect on regulated entities.]

F. Alternative Approaches

[________________________________]
[Propose alternative regulatory approaches that achieve the Agency's statutory objectives while reducing burden on regulated entities.]

IV. SPECIFIC REQUEST

Based on the foregoing analysis, the Commenter respectfully requests that the Agency:

☐ Amend the regulation as proposed in the attached redline draft

☐ Withdraw or modify the proposed rule to address the concerns identified herein

☐ Conduct a second comment period under IC 4-22-2-24 because the proposed rule is more stringent than the applicable federal requirement

☐ Other: [________________________________]

Proposed Language (if applicable):

Current text of [____] IAC [____]-[____]-[____]:

[________________________________]

Proposed revised text:

[________________________________]

V. SUPPORTING DOCUMENTATION

The following documents are submitted in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

VI. REQUEST FOR HEARING / ORAL PRESENTATION

☐ The Commenter requests an opportunity for oral comment at the public hearing

☐ The Commenter requests that the Agency conduct the second public-comment period required by IC 4-22-2-24 if a statutory trigger exists

☐ The Commenter does not request oral presentation at this time

Note: IC 4-22-2-26 requires an adequate opportunity at the public hearing to present oral and written facts or argument. Use the current notice for all hearing and submission details.

VII. CERTIFICATION AND SIGNATURE

I hereby certify that the statements and representations contained in this letter are true and accurate to the best of my knowledge and belief, and that this comment is submitted in good faith.

Respectfully submitted,

___________________________________________
[________________________________]
[Name — Printed]

[________________________________]
[Title / Position]

[________________________________]
[Organization / Firm]

[________________________________]
[Indiana Attorney No., if applicable]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

Before Drafting

☐ Identified the specific Indiana Administrative Code provision at issue
☐ Obtained complete text of the rule from Indiana Administrative Code
☐ Reviewed enabling statute in Indiana Code
☐ Reviewed Indiana Register publication (if proposed rule)
☐ Checked the document control / LSA number and comment deadline in the official notice
☐ Determined whether this is first or second comment period
☐ Reviewed Agency's fiscal impact analysis
☐ Reviewed OMB approval documentation (if available)
☐ Identified whether the rule is more stringent than applicable federal requirement
☐ Verified submission requirements (format, address, electronic submission)

During Drafting

☐ Clearly identified the Commenter and stated the nature of the interest
☐ Cited specific Indiana Administrative Code provisions by title, article, rule, section
☐ Cited enabling statute provisions in Indiana Code
☐ Provided factual context with specificity
☐ Included economic impact data with supporting documentation
☐ Addressed federal stringency comparison under IC 4-22-2-24
☐ Proposed specific alternative language or approaches
☐ Addressed small business impact

Before Submission

☐ Reviewed for accuracy of all legal citations
☐ Confirmed comment is timely filed (before deadline)
☐ Attached all supporting exhibits referenced in letter
☐ Retained copy of comment and proof of submission
☐ Confirmed correct submission address and method
☐ Considered whether to request oral presentation at public hearing

SEPARATE-ROUTE EXCLUSIONS

Do not repurpose this comment letter as a request for an advisory opinion, declaratory order, no-action letter, waiver, variance, interpretation of an existing final rule, or enforcement-policy change. Before making any such request, identify the target Agency's current organic statute, rule, form, eligibility standard, decision-maker, filing route, and review consequences from official sources.

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• Official current Indiana Code Chapter 4-22-2 PDF: https://iga.in.gov/ic/2026/Title_4/Article_22/Chapter_2.pdf
• Current proposed-rule notice, text, regulatory analysis, and determination: [OFFICIAL INDIANA REGISTER URL]
• Target Agency's current rulemaking docket: [OFFICIAL AGENCY URL]

This template is limited to comments on a proposed rule under the verified Chapter 4-22-2 process. It does not constitute legal advice; confirm the current official notice, rule text, analysis, deadline, submission route, and hearing information before use.