APA Comment Letter (General)

APA Comment Letter (General) — Alaska

About This Template

This template is used to submit formal written comments to an Alaska state administrative agency during a notice-and-comment rulemaking proceeding. Under the Alaska Administrative Procedure Act (AS 44.62), state agencies must publish proposed regulations, accept public comments for a minimum of 30 days, and consider all timely submitted comments before adopting a final rule. This letter allows individuals, businesses, organizations, and attorneys to shape state regulations before they take effect.

Alaska Rulemaking Process — Overview

Governing Law: Alaska Administrative Procedure Act, AS 44.62.010–.650

Where Proposed Rules Are Published:

• Alaska Online Public Notice System (AOPNS): https://aws.state.ak.us/OnlinePublicNotices/
• Alaska Administrative Register (published by the Lt. Governor's Office)
• Agency websites and mailing lists

How to Find Open Comment Periods:

• Search AOPNS for active notices by agency or date
• Sign up for agency notification lists
• Monitor the Alaska Administrative Register

Comment Submission Methods:

• Mail to the designated agency contact listed in the notice
• Email to the agency rulemaking contact (address in notice preamble)
• In-person delivery to agency offices
• Some agencies accept online portal submissions (check notice)

Minimum Comment Period: 30 days (AS 44.62.190)

After Comments: The agency must consider all timely submitted written comments. The Department of Law reviews proposed regulations for legal sufficiency. The Lieutenant Governor's Office files adopted regulations with an effective date.

Legislative Review: The Alaska Legislative Affairs Agency may review rules for compliance with legislative intent.

Why Your Comment Matters

Under Alaska's APA, agencies must consider all timely submitted written comments before adopting, amending, or repealing a regulation. A substantive comment becomes part of the permanent administrative record. If the agency fails to address a significant comment and a rule is later challenged in court, the adequacy of the agency's response is subject to judicial review. Well-reasoned comments with supporting evidence and legal authority carry the most weight. Comments that merely express general opposition without specifics are less likely to influence agency action.

Key principle: Agencies that adopt final regulations substantially different from the proposed rule may be required to publish a new notice and re-open the comment period.

Comment Letter Template

[Name of Submitter / Organization Letterhead]
[________________________________]
[________________________________]
[________________________________]
[Phone: (____) ____-________]
[Email: ________________________________]

[__/__/____]

[Agency Name]
[________________________________]
[Agency Address, Line 1]
[________________________________]
[City, Alaska ZIP]
[Attention: [________________________________], Rulemaking Contact]

Re: Written Comments on Proposed Regulation — [Regulation Title]
Docket / File No.: [________________________________]
Alaska Register Citation: [Vol. ____], [Page ____], Published [__/__/____]
Comment Deadline: [__/__/____]

I. Introduction and Identity of Commenter

[Name of individual or organization, e.g., "________________________________________, a [describe: Alaska corporation / nonprofit / trade association / individual resident] located at [address],"] submits these written comments pursuant to AS 44.62.190 and AS 44.62.200 on the above-referenced proposed regulation published by [Agency Name] ("Agency") in the Alaska Online Public Notice System on [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] has a direct interest in this proposed regulation because [describe how commenter is affected: e.g., "our organization represents approximately [____] Alaska businesses subject to this proposed regulation" / "we operate in [describe sector] and will be directly regulated under these proposed rules"]. We have [describe expertise, e.g., "more than [____] years of experience in [field]"] and are well-positioned to provide informed comment on the technical and practical implications of the proposed rule.

Counsel (if applicable): These comments are submitted [by / through counsel] [________________________________], [________________________________], [City, State ZIP], [(____) ____-________].

II. Executive Summary of Positions

The following summarizes our principal positions. Each is developed in detail in Section IV below.

1. [Summary of Position 1 — e.g., "The Agency lacks statutory authority under AS [____] to impose [requirement] as written."]
2. [Summary of Position 2 — e.g., "The proposed compliance timeline of [____] days is unreasonably short; we request [____] days."]
3. [Summary of Position 3 — e.g., "The economic impact analysis understates the cost burden on small Alaska businesses."]
4. [Summary of Position 4 — add or delete as needed]

III. Background

A. Proposed Regulation

[Agency Name] has proposed [brief description of the rule: e.g., "amendments to [____] AAC [____], governing [subject matter]."] The proposed rule would [summarize key requirements in 2–4 sentences].

B. Relevant Statutory Authority

The Agency's rulemaking authority derives from [cite enabling statute, e.g., "AS [____], which authorizes the [Agency] to adopt regulations [describing scope of authority]."]. [Discuss whether the proposed rule is within or arguably exceeds that authority.]

C. Prior Regulatory History

[Describe any relevant history: existing rule text, prior rulemakings, agency guidance, court decisions affecting this area, etc.]

IV. Detailed Comments

(Instructions: Number each comment by the section of the proposed regulation it addresses. Follow the format below for each issue. Provide as much specificity and supporting evidence as possible.)

Comment No. 1 — [Proposed Rule Section: [____] AAC [____]]

Issue: [Describe the specific provision of concern. Quote the proposed text if helpful.]

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, practical, technical, or economic problem with the proposed language. Be specific. Cite data, studies, or legal authority.]

Recommended Change: We request that the Agency revise [____] AAC [____] to read as follows:

"[________________________________]"

Supporting Rationale: [Explain why your proposed language better achieves the regulatory objective, avoids the legal problem, or reduces unnecessary burden. Cite specific evidence, studies, operational data, or legal authority.]

Comment No. 2 — [Proposed Rule Section: [____] AAC [____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Change:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: [____] AAC [____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Change:

"[________________________________]"

Supporting Rationale: [________________________________]

(Add additional numbered comments as needed)

V. Statutory Authority Concerns (If Applicable)

☐ Check if applicable: We submit that the proposed regulation [in whole / in part] exceeds the Agency's statutory authority.

The Agency's rulemaking authority under AS [____] is limited to [describe scope]. The proposed provision at [____] AAC [____] would [describe what the rule does that exceeds that authority]. Under AS 44.62.030, regulations must be "consistent with and not in conflict with" the statutes under which they are adopted. [Cite additional authority.]

VI. Economic and Fiscal Impact Analysis

Under AS 44.62.190(d), agencies must prepare a fiscal note or economic analysis for significant regulations. We respectfully submit that the Agency's fiscal analysis understates / does not adequately address the following impacts:

Recommendation: We request the Agency [revise its fiscal analysis / prepare a supplemental economic impact statement / extend the comment period to allow for additional economic analysis].

VII. Small Business and Rural Alaska Considerations

Many Alaska businesses are small and operate in remote locations with limited access to compliance resources. The proposed regulation does not include a small business impact statement as required by [cite applicable statute if any]. Specifically:

• [Describe disproportionate impact on small businesses]
• [Describe impact on rural communities, subsistence users, or indigenous communities if applicable]
• [Propose accommodations such as tiered compliance, extended timelines, or exemptions for small operators]

VIII. Request for Public Hearing

☐ Check if requesting a hearing: Pursuant to AS 44.62.190, we respectfully request that the Agency hold a public hearing on this proposed regulation to allow for oral comment. A public hearing is warranted because [describe why: volume of issues raised / technical complexity / significant public interest / affected communities are geographically dispersed across Alaska].

Requested hearing location(s): [________________________________]
Requested hearing date range: [________________________________]

IX. Request for Written Response to Comments

We respectfully request that the Agency provide a written response to each substantive comment submitted in this proceeding before adopting a final rule. The agency's comment-response document should specifically address [describe the issues requiring direct response]. A failure to respond to significant, substantive comments may render the rulemaking inadequate for purposes of judicial review under AS 44.62.

X. Supporting Exhibits

The following exhibits are attached to and incorporated into these comments:

• Exhibit A: [Description, e.g., "Economic impact analysis prepared by [Firm], dated [__/__/____]"]
• Exhibit B: [Description, e.g., "Letter from [Organization] expressing support for our position"]
• Exhibit C: [Description, e.g., "Peer-reviewed study: [Title], [Author], [Year]"]
• Exhibit D: [Add or delete as needed]

XI. Certification of Timely Submission

I certify that these written comments are submitted to [Agency Name] on or before [__/__/____], the deadline established in the Alaska Online Public Notice System notice dated [__/__/____], published at [AOPNS Notice No. / Alaska Register Vol. ____]. These comments have been submitted by [delivery method: mail / email / hand delivery] to the agency contact [________________________________] at [address / email].

XII. Conclusion

For the reasons set forth above, [Name of Submitter] respectfully urges the Agency to:

1. [State requested action, e.g., "Revise [____] AAC [____] as recommended in Comment No. 1."]
2. [State requested action, e.g., "Extend the compliance implementation timeline to [____]."]
3. [State requested action, e.g., "Prepare a supplemental economic impact analysis."]
4. [State requested action, e.g., "Hold a public hearing in [location]."]

We appreciate the opportunity to participate in this rulemaking proceeding and stand ready to provide additional information, technical assistance, or supplemental comments upon request. Please do not hesitate to contact [________________________________] at [________________________________] with any questions.

Respectfully submitted,

[________________________________]
[Title / Position]
[Organization]
[________________________________]
[Address]
[________________________________]
[City, Alaska ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]
[Date: [__/__/____]]

Checklist — Comment Preparation and Submission (Alaska)

Use this checklist to ensure your comment is complete and maximally effective.

Finding the Proposed Rule:

• ☐ Located proposed rule on Alaska Online Public Notice System (https://aws.state.ak.us/OnlinePublicNotices/)
• ☐ Obtained full text of proposed regulation from agency or Alaska Administrative Register
• ☐ Confirmed comment deadline and agency contact information from notice
• ☐ Noted docket/file number, Alaska Register citation, and publication date

Reviewing and Analyzing the Rule:

• ☐ Read the complete text of the proposed regulation
• ☐ Reviewed agency's fiscal note or economic analysis
• ☐ Reviewed agency's statement of purpose / regulatory impact analysis
• ☐ Identified each specific provision of concern by AAC section number
• ☐ Reviewed the agency's enabling statute (AS [____]) to assess scope of authority
• ☐ Researched Alaska case law on the subject matter (Alaska courts / Alaska Supreme Court)
• ☐ Gathered supporting data: studies, economic analyses, expert opinions, industry data

Drafting the Comment:

• ☐ Identified your organization/interest in the introductory paragraph
• ☐ Provided an executive summary listing all positions
• ☐ Numbered each comment by AAC section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited legal authority (statutes, regulations, case law) supporting each position
• ☐ Addressed statutory authority issues if rule appears to exceed agency power
• ☐ Included economic impact data with specific dollar figures where available
• ☐ Addressed small business and rural Alaska impacts if applicable
• ☐ Attached and indexed all supporting exhibits

Submission:

• ☐ Confirmed submission method accepted by agency (mail / email / hand delivery)
• ☐ Submitted to the correct agency contact at the address in the notice
• ☐ Submitted before the comment deadline (allow buffer time for mail or system delays)
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt (email confirmation / certified mail receipt)
• ☐ Calendared any oral hearing date if one was noticed or requested

Common Issues Raised in Alaska Agency Comments

Statutory Authority:

• ☐ Rule exceeds authority granted by enabling statute (AS 44.62.030 — regulations must be consistent with statutes)
• ☐ Agency failed to cite specific statutory authority for the regulation
• ☐ Rule conflicts with another state statute

Procedural Defects:

• ☐ Inadequate notice — description of proposed action insufficient to apprise affected parties
• ☐ Comment period shorter than 30-day minimum (AS 44.62.190)
• ☐ Notice not published on Alaska Online Public Notice System as required
• ☐ Agency did not respond to significant comments from prior proceeding

Substantive Concerns:

• ☐ Cost-benefit analysis inadequate or fiscally inaccurate
• ☐ Small business impact not adequately analyzed
• ☐ Compliance timeline unreasonably short
• ☐ Ambiguous or undefined terminology creates compliance uncertainty
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with federal regulations (preemption concern)
• ☐ Constitutional concerns (due process, equal protection, takings)
• ☐ Disproportionate impact on rural Alaska or remote communities
• ☐ Adverse effect on subsistence rights or Alaska Native communities
• ☐ Conflict with existing Alaska Administrative Code provisions

Sources and References

• Alaska Administrative Procedure Act: AS 44.62.010–.650 (https://www.akleg.gov/basis/statutes.asp)
• Alaska Online Public Notice System: https://aws.state.ak.us/OnlinePublicNotices/
• Alaska Administrative Code (AAC): https://www.akleg.gov/basis/aac.asp
• Alaska Department of Law — Regulations: https://www.law.alaska.gov/department/civil/regulations.html
• Lt. Governor's Office (files adopted regulations): https://ltgov.alaska.gov/
• Alaska Drafting Manual for Administrative Regulations: https://www.law.alaska.gov/pdf/manuals/draftingmanual-adminregs.pdf