APA Comment Letter (General)

APA Comment Letter (General) — Alabama

About This Template

This template is used to submit formal written comments to an Alabama state administrative agency during a notice-and-comment rulemaking proceeding. Under the Alabama Administrative Procedure Act (Ala. Code § 41-22-1 et seq.), state agencies must publish proposed rules in the Alabama Administrative Monthly (AAM), accept public comments for a minimum of 35 days, and consider all timely submitted comments before adopting a final rule. This letter allows individuals, businesses, organizations, and attorneys to influence state regulations before they take effect.

Alabama Rulemaking Process — Overview

Governing Law: Alabama Administrative Procedure Act, Ala. Code § 41-22-1 et seq.

Where Proposed Rules Are Published:

• Alabama Administrative Monthly (AAM): the official publication for agency rulemaking notices
• Alabama Administrative Code (AAC): the codified compilation of adopted rules
• Individual agency websites
• Legislative Services Agency (LSA) Administrative Procedure Division: https://admincode.legislature.state.al.us/

How to Find Open Comment Periods:

• Search the Alabama Administrative Monthly for current notices
• Monitor the LSA Administrative Procedure Division website
• Sign up for individual agency notification lists

Comment Submission Methods:

• Mail to the agency contact identified in the notice
• Email to the designated rulemaking contact (address in notice)
• In-person delivery to agency offices
• Oral testimony at any public hearing noticed by the agency

Comment Period: Minimum 35 days after publication in the Alabama Administrative Monthly; may be extended up to 90 days (Ala. Code § 41-22-5)

After Comments: The agency's governing board or authority reviews all comments and meets to adopt the final rule. The LSA Administrative Procedure Division reviews rules for compliance with statutory requirements before the rule becomes effective.

Legislative Review: The Alabama Legislature's Joint Committee on Administrative Rule Review (JCARR) may review proposed rules for compliance with legislative intent and constitutional requirements.

Why Your Comment Matters

Under Alabama's APA, agencies must "fully consider" all written submissions received during the comment period before adopting a final rule (Ala. Code § 41-22-7). Substantive comments become part of the permanent rulemaking record. If the final rule differs substantially from the proposed rule, the agency may be required to re-notice and re-open public comment. Agencies that fail to respond to significant comments may face judicial scrutiny in proceedings for declaratory relief under Ala. Code § 41-22-10 (declaratory judgments as to validity of rules). Well-reasoned, documented comments with specific proposed alternative language are most effective.

Comment Letter Template

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

[__/__/____]

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

Re: Written Comments on Proposed Rule — [Rule Title]
Alabama Administrative Code Citation: [Ala. Admin. Code r. ____-____-____ et seq.]
Alabama Administrative Monthly: Vol. [____], No. [____], Published [__/__/____]
Comment Deadline: [__/__/____]

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Ala. Code § 41-22-5 on the above-referenced proposed rule published by [Agency Name] ("Agency") in the Alabama Administrative Monthly on [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] has a substantial interest in this proposed rule because [describe how commenter is affected: e.g., "our organization represents approximately [____] Alabama businesses that will be subject to these proposed regulations" / "we operate [describe facilities / services] licensed and regulated by the Agency"]. We have [describe expertise] and are well-positioned to provide technically and legally informed comment on the proposed rule.

Contact for Correspondence:
All correspondence regarding these comments should be directed to:

[________________________________]
[Title]
[Organization]
[Address]
[________________________________]
[City, Alabama ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]

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

II. Executive Summary of Positions

The following summarizes our principal positions, each developed in detail in Section IV:

1. [Summary of Position 1 — e.g., "The Agency lacks authority under Ala. Code § [____] to impose [describe requirement]."]
2. [Summary of Position 2 — e.g., "The proposed [____]-day compliance timeline is unreasonably short; we request [____] days."]
3. [Summary of Position 3 — e.g., "The proposed definition of '[term]' is ambiguous and will create compliance uncertainty."]
4. [Summary of Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [brief description: e.g., "amendments to Ala. Admin. Code r. [____]-[____]-[____], governing [subject matter]."] The proposed rule would [summarize key requirements].

B. Agency's Stated Rationale

The Agency states that the proposed rule is intended to [describe agency's stated purpose from the notice].

C. Relevant Statutory Authority

The Agency derives its rulemaking authority from Ala. Code § [____], which authorizes the Agency to [describe scope of authority]. [Discuss whether the proposed rule is within or arguably exceeds that authority.]

D. Prior Regulatory History

[Describe relevant prior rules, agency guidance, or legislative history if applicable.]

IV. Detailed Comments by Rule Section

(Instructions: Number each comment and identify the specific Alabama Administrative Code provision being addressed. Provide proposed alternative language and supporting rationale for each issue.)

Comment No. 1 — [Proposed Rule Section: Ala. Admin. Code r. ____-____-____]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite relevant authority — statutes, prior rules, court decisions, economic data.]

Recommended Language: We request that the Agency revise [Ala. Admin. Code r. ____-____-____] to read as follows:

"[________________________________]"

Supporting Rationale: [Explain why your proposed language better achieves the regulatory objective, is within statutory authority, or reduces unnecessary burden. Provide specific supporting evidence.]

Comment No. 2 — [Proposed Rule Section: Ala. Admin. Code r. ____-____-____]

Issue: [________________________________]

Concern: [________________________________]

Recommended Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: Ala. Admin. Code r. ____-____-____]

Issue: [________________________________]

Concern: [________________________________]

Recommended Language:

"[________________________________]"

Supporting Rationale: [________________________________]

(Add additional numbered comments as needed)

V. Statutory Authority Analysis (If Applicable)

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

Under Ala. Code § 41-22-3(9), a "rule" is "an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy." For an agency rule to be valid under Alabama law, it must be within the scope of the agency's statutory authority. See Ala. Code § 41-22-7(d) (rules must be within the scope of authority granted by the Legislature).

Specifically, Ala. Code § [____] grants the Agency authority to [describe scope]. The proposed provision at [Ala. Admin. Code r. ____-____-____] would [describe what the rule does and why it exceeds that authority].

VI. Economic and Fiscal Impact

The Agency's economic analysis does not adequately address the following impacts on regulated entities and the Alabama economy:

We request the Agency revise its economic impact analysis to reflect these figures and provide additional opportunity for public comment on the revised analysis.

VII. Small Business Impact

Alabama law requires agencies to consider the impact of proposed rules on small businesses. The proposed rule disproportionately burdens small businesses because [describe impact]. We request the Agency consider the following alternatives that would achieve the same regulatory objective with less burden:

• [Alternative 1, e.g., "Tiered compliance requirements based on business size"]
• [Alternative 2, e.g., "Extended implementation timeline of [____] months for businesses with fewer than [____] employees"]
• [Alternative 3, e.g., "Safe harbor provision for good-faith compliance efforts"]

VIII. Request for Public Hearing

☐ Check if requesting a hearing: Pursuant to Ala. Code § 41-22-5, we request that the Agency hold a public hearing on this proposed rule. A public hearing is warranted because [describe why: technical complexity / significant public interest / multiple affected parties / volume of issues raised].

If a public hearing is scheduled, we request it be held at:
Location: [________________________________]
Preferred date range: [__/__/____] to [__/__/____]

IX. JCARR Review Request (If Applicable)

☐ Check if applicable: We respectfully request that the Alabama Legislature's Joint Committee on Administrative Rule Review (JCARR) review this proposed rule for compliance with the Legislature's statutory grant of authority and constitutional requirements, pursuant to Ala. Code § 41-22-19 et seq.

X. Request for Written Response

We respectfully request that the Agency provide a specific written response to each substantive comment in this submission as part of the final rulemaking record. Failure to adequately respond to significant comments may render the rulemaking invalid. See Ala. Code § 41-22-7.

XI. Supporting Exhibits

The following exhibits are attached and incorporated herein:

• Exhibit A: [Description, e.g., "Economic analysis prepared by [Firm/Expert], dated [__/__/____]"]
• Exhibit B: [Description, e.g., "Industry survey on implementation costs, [Organization], [Year]"]
• Exhibit C: [Description, e.g., "Supporting technical study: [Title], [Author], [Year]"]
• Exhibit D: [Add or delete as needed]

XII. Certification of Timely Submission

I certify that these written comments are being submitted to [Agency Name] on or before [__/__/____], the deadline established in the Alabama Administrative Monthly notice published on [__/__/____]. These comments are submitted by [delivery method: mail / email / hand delivery] to the rulemaking contact [________________________________] at [address / email].

XIII. Conclusion

For the reasons stated above, [Name of Submitter] respectfully requests that the Agency:

1. [State requested action — e.g., "Revise Ala. Admin. Code r. [____]-[____]-[____] as recommended in Comment No. 1."]
2. [State requested action — e.g., "Extend the compliance implementation period to [____] months."]
3. [State requested action — e.g., "Prepare a revised economic impact analysis addressing the concerns raised in Section VI."]
4. [State requested action — e.g., "Schedule a public hearing in [location]."]

We appreciate the opportunity to participate in this rulemaking process and are available to provide additional information or technical assistance. Please contact [________________________________] at [________________________________].

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (Alabama)

Finding the Proposed Rule:

• ☐ Located proposed rule notice in Alabama Administrative Monthly (AAM)
• ☐ Obtained full text of proposed rule from agency or LSA Administrative Procedure Division website
• ☐ Confirmed comment deadline and agency rulemaking contact from notice
• ☐ Noted Alabama Administrative Code citation, AAM volume/issue number, and publication date

Reviewing the Rule:

• ☐ Read the complete proposed rule text
• ☐ Reviewed agency's economic/fiscal impact statement (if provided)
• ☐ Reviewed agency's statement of purpose
• ☐ Identified each specific AAC section of concern
• ☐ Reviewed the agency's enabling statute under Ala. Code to assess scope of authority
• ☐ Researched Alabama case law and prior opinions on subject matter
• ☐ Gathered supporting data: economic analyses, expert opinions, industry surveys

Drafting the Comment:

• ☐ Identified submitter and organizational interest in introduction
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by AAC section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited legal authority (statutes, cases, regulations) for each position
• ☐ Addressed any statutory authority concerns
• ☐ Included economic impact data with specific figures
• ☐ Addressed small business impacts
• ☐ Attached and indexed all supporting exhibits

Submission:

• ☐ Confirmed submission method accepted by agency (mail / email)
• ☐ Submitted to correct agency contact at address listed in notice
• ☐ Submitted before 35-day comment period deadline
• ☐ Retained copies of all submitted documents
• ☐ Obtained confirmation of receipt (email confirmation / certified mail return receipt)
• ☐ Calendared any public hearing date

Common Issues Raised in Alabama Agency Comments

Statutory Authority:

• ☐ Rule exceeds authority granted by enabling statute
• ☐ Agency failed to cite specific statutory authority as required by Ala. Code § 41-22-7
• ☐ Rule conflicts with another Alabama statute or federal law

Procedural Defects:

• ☐ Notice was insufficient or unclear — did not adequately describe proposed action
• ☐ Comment period shorter than 35-day minimum (Ala. Code § 41-22-5)
• ☐ Notice not published in Alabama Administrative Monthly
• ☐ No economic impact analysis provided
• ☐ Agency failed to consider all timely submitted comments

Substantive Concerns:

• ☐ Cost-benefit analysis inadequate or based on incorrect data
• ☐ Small business impact not adequately analyzed
• ☐ Compliance timeline unreasonably short
• ☐ Ambiguous or undefined terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with federal regulatory requirements
• ☐ Constitutional concerns (due process, equal protection, commerce clause)
• ☐ Conflict with existing Alabama Administrative Code provisions
• ☐ Rule imposes unfunded mandate on local governments

Sources and References

• Alabama Administrative Procedure Act: Ala. Code § 41-22-1 et seq. (https://law.justia.com/codes/alabama/)
• Alabama Administrative Code: https://admincode.legislature.state.al.us/
• Alabama Administrative Monthly: Published by the LSA Administrative Procedure Division
• Legislative Services Agency, Administrative Procedure Division: https://admincode.legislature.state.al.us/
• Alabama Office of Governor — Regulatory Review: https://governor.alabama.gov/
• LSA APA Rulemaking Overview: https://admincode.legislature.state.al.us/api/resource/Overview%20of%20the%20APA%20Rulemaking%20Process