APA Comment Letter (General)

APA Comment Letter (General) — Arkansas

About This Template

This template is used to submit formal written comments to an Arkansas state administrative agency during a notice-and-comment rulemaking proceeding. Under the Arkansas Administrative Procedure Act (Ark. Code Ann. § 25-15-201 et seq.), state agencies must give advance notice of proposed rules, afford all interested persons a reasonable opportunity to submit written or oral comments, and consider all timely submitted comments before adopting a final rule. Adopted rules are filed with the Arkansas Secretary of State, published in the Arkansas Register, and must be reviewed by the Arkansas Legislative Council or its Administrative Rules and Regulations Subcommittee (ALC/ARRS) before taking effect.

Arkansas Rulemaking Process — Overview

Governing Law: Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.

Where Proposed Rules Are Published:

• Arkansas Secretary of State website — Rules and Regulations: https://www.sos.arkansas.gov/rules-regulations
• Code of Arkansas Rules: https://codeofarrules.arkansas.gov/
• Arkansas Register (published by the Secretary of State)
• Individual agency websites

How to Find Open Comment Periods:

• Monitor the Secretary of State's rules and regulations page
• Search the Arkansas Register for current proposed rules
• Sign up for agency notification lists
• Contact the Secretary of State's Office: [email protected]

Comment Submission Methods:

• Written comments mailed to the agency contact identified in the notice
• Written comments emailed to agency (if permitted by notice)
• Oral comments at a public hearing (if the agency schedules one or if a hearing is requested)

Comment Period: Minimum 30 days after notice; agencies must "afford all interested persons reasonable opportunity to submit data, views, or arguments orally or in writing" (Ark. Code Ann. § 25-15-204)

Legislative Review: After the comment period, proposed rules are submitted to the Arkansas Legislative Council and its Administrative Rules and Regulations Subcommittee (ALC/ARRS) for review. The ALC/ARRS may recommend that the Legislature override a rule.

Filing and Effective Date: Final rules are filed with the Secretary of State and with the Arkansas State Library. Rules published on the Secretary of State's website are accessible to the public.

Why Your Comment Matters

Under Arkansas law, agencies must "fully consider all written and oral submissions respecting the proposed rule" before finalizing the rule's language (Ark. Code Ann. § 25-15-204). If a person requests reasons for the rule before or within 30 days of adoption, the agency must issue a concise statement addressing the principal reasons for and against adoption and explaining why it overruled adverse considerations. This statement becomes part of the administrative record and can be used in judicial review proceedings.

Substantive, well-documented comments citing specific legal authority and supporting data are most effective. A comment that identifies a specific flaw in the agency's analysis and proposes corrective language is more likely to result in rule changes than a general objection. Legislative Council review provides an additional avenue of influence after the public comment period closes.

Comment Letter Template

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

[__/__/____]

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

Re: Written Comments on Proposed Rule — [Rule Title]
Arkansas Register Citation: Vol. [____], Page [____] (or Rule No. [________________________________])
Publication Date: [__/__/____]
Comment Deadline: [__/__/____]

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Ark. Code Ann. § 25-15-204 on the above-referenced proposed rule published by [Agency Name] ("Agency").

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Arkansas nonprofit / trade association / business / individual] with a direct interest in this proposed rule. [Describe how the submitter is affected: e.g., "Our members operate [____] facilities across Arkansas that would be subject to the proposed requirements" / "We represent [____] individuals who rely on [describe services/programs] governed by these regulations."]. [Describe relevant expertise and why the submitter is qualified to comment.]

Request for Statement of Reasons: Pursuant to Ark. Code Ann. § 25-15-204(d), should the Agency proceed to adopt a final rule over the objections stated herein, we hereby request that the Agency issue a concise statement of the principal reasons for and against adoption of the rule, including its reasons for overruling the considerations urged in these comments.

Contact for Correspondence:
[________________________________]
[Title]
[Organization]
[Address]
[City, Arkansas ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]

Counsel (if applicable): [________________________________], [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 exceeded its statutory authority under Ark. Code Ann. § [____]."]
2. [Summary of Position 2 — e.g., "The proposed financial impact statement does not accurately reflect compliance costs."]
3. [Summary of Position 3 — e.g., "Section [____] uses undefined terms that will cause compliance confusion."]
4. [Summary of Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe rule: e.g., "amendments to [Rule Title], [Ark. Admin. Code rule citation], governing [subject matter]."]. The proposed rule would [summarize key requirements and regulatory changes in 3–5 sentences].

B. Agency's Stated Purpose

The Agency states the purpose of the proposed rule is to [describe the agency's stated rationale from the notice or preamble].

C. Statutory Authority

The Agency's rulemaking authority derives from Ark. Code Ann. § [____], which authorizes it to [describe scope]. [Address whether the proposed rule falls within or arguably exceeds that authority.]

D. Regulatory History

[Describe any relevant prior rules, prior comments, court decisions, or legislative history.]

IV. Detailed Comments by Rule Section

(Instructions: Number each comment and cite the specific rule section being addressed. Provide proposed alternative language for each issue.)

Comment No. 1 — [Rule Section / Code Citation: [________________________________]]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite data, legal authority, and operational evidence.]

Recommended Change: We request that the Agency revise [rule section citation] to read as follows:

"[________________________________]"

Supporting Rationale: [Explain why proposed language better achieves the regulatory purpose, avoids legal problems, or reduces unnecessary burden. Provide specific supporting evidence.]

Comment No. 2 — [Rule Section / Code Citation: [________________________________]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Change:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Rule Section / Code Citation: [________________________________]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Change:

"[________________________________]"

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 authority.

The Agency's rulemaking power under Ark. Code Ann. § [____] is limited to [describe scope]. The proposed provision would [describe what it does and why it exceeds authority]. Arkansas courts have held that administrative agencies may not exceed the authority delegated by the Legislature. See, e.g., [cite relevant Arkansas Supreme Court or Court of Appeals case if available]. We request the Agency revise or withdraw [rule section] accordingly.

VI. Financial Impact Statement Review

Under Ark. Code Ann. § 25-15-204, agencies must prepare a financial impact statement for proposed rules. We respectfully submit that the Agency's financial impact statement contains the following errors or omissions:

We request the Agency revise its financial impact statement and provide an additional comment period on the revised analysis.

VII. Small Business and Economic Impact

The proposed rule will have a disproportionate impact on small Arkansas businesses because [describe impact]. We request the Agency consider the following less burdensome alternatives:

• [Alternative 1, e.g., "Phased implementation schedule allowing small businesses [____] additional months to comply"]
• [Alternative 2, e.g., "Tiered requirements based on business size or annual revenue"]
• [Alternative 3, e.g., "Safe harbor for good-faith compliance efforts during transition period"]

VIII. Request for Public Hearing

☐ Check if requesting a hearing: We request that the Agency hold a public hearing on this proposed rule pursuant to Ark. Code Ann. § 25-15-204. A public hearing is warranted because [describe why: technical complexity, significant public interest, volume of issues, multiple stakeholder groups affected].

Requested hearing location: [________________________________]
Requested date range: [__/__/____] to [__/__/____]

IX. Notice to Arkansas Legislative Council

We are providing a copy of these comments to the Arkansas Legislative Council and its Administrative Rules and Regulations Subcommittee (ALC/ARRS) for its information and review. We request that the ALC/ARRS carefully examine the Agency's statutory authority for this proposed rule and its compliance with legislative intent.

☐ Check if applicable: Copy provided to ALC/ARRS at [________________________________]

X. Request for Statement of Reasons

Pursuant to Ark. Code Ann. § 25-15-204(d), if the Agency proceeds to adopt a final rule over the objections raised herein, we formally request a concise written statement of the principal reasons for and against adoption of the rule, including the Agency's reasons for overruling the considerations stated in these comments.

XI. Supporting Exhibits

The following exhibits are attached and incorporated herein:

• Exhibit A: [Description, e.g., "Economic impact analysis, [Expert/Firm], [__/__/____]"]
• Exhibit B: [Description, e.g., "Survey of affected Arkansas businesses, [Organization], [Year]"]
• Exhibit C: [Description, e.g., "Technical analysis: [Title], [Author], [Year]"]
• Exhibit D: [Add or delete as needed]

XII. Certification of Timely Submission

I certify that these written comments are being submitted on or before [__/__/____], the comment deadline identified in the notice published by the Agency. These comments are being submitted by [delivery method] to the Agency 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 [rule section] as recommended in Comment No. 1."]
2. [State requested action — e.g., "Revise the financial impact statement to reflect actual compliance costs."]
3. [State requested action — e.g., "Extend the proposed compliance timeline from [____] days to [____] days."]
4. [State requested action — e.g., "Schedule a public hearing."]

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

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (Arkansas)

Finding the Proposed Rule:

• ☐ Located proposed rule on Arkansas Secretary of State website: https://www.sos.arkansas.gov/rules-regulations
• ☐ Obtained full text of proposed rule from agency or Arkansas Register
• ☐ Confirmed comment deadline and agency rulemaking contact
• ☐ Noted rule citation (Code of Arkansas Rules citation) and Arkansas Register publication date

Reviewing the Rule:

• ☐ Read the complete proposed rule text
• ☐ Reviewed agency's financial impact statement
• ☐ Reviewed agency's statement of purpose or preamble
• ☐ Identified each specific rule section of concern
• ☐ Reviewed the agency's enabling statute (Ark. Code Ann. § [____]) to assess scope of authority
• ☐ Researched Arkansas Supreme Court / Court of Appeals decisions on subject matter
• ☐ Gathered supporting data: financial analyses, expert opinions, operational data

Drafting the Comment:

• ☐ Identified submitter and interest in introduction
• ☐ Requested statement of reasons (Ark. Code Ann. § 25-15-204(d)) if objecting
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by rule section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited legal authority (statutes, cases) for each position
• ☐ Addressed statutory authority concerns if applicable
• ☐ Included financial impact data with specific figures
• ☐ Addressed small business impacts
• ☐ Attached and indexed all supporting exhibits

Submission and Follow-Up:

• ☐ Submitted to correct agency contact before comment deadline
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt
• ☐ Provided copy to ALC/ARRS if requesting legislative review
• ☐ Calendared ALC/ARRS review schedule and any public hearing date

Common Issues Raised in Arkansas Agency Comments

Statutory Authority:

• ☐ Rule exceeds agency's grant of authority under enabling statute
• ☐ Rule conflicts with other provisions of Arkansas Code
• ☐ Rule conflicts with federal law or regulations

Financial Impact:

• ☐ Financial impact statement understates actual compliance costs
• ☐ Financial impact statement does not account for small business burden
• ☐ No financial impact statement was prepared
• ☐ Local government fiscal impact not analyzed

Procedural Defects:

• ☐ Notice was insufficient — did not adequately describe proposed rule
• ☐ Comment period was less than 30 days
• ☐ Agency did not publish notice on Secretary of State website (Ark. Code Ann. § 25-15-218)
• ☐ Agency adopted final rule substantially different from proposed rule without re-notice

Substantive Concerns:

• ☐ Compliance timeline unreasonably short
• ☐ Ambiguous or undefined terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Conflicting provisions within the proposed rule
• ☐ Adverse impact on Arkansas small businesses or rural communities
• ☐ Constitutional concerns (due process, equal protection, commerce clause)
• ☐ Inconsistency with existing Code of Arkansas Rules

Sources and References

• Arkansas APA: Ark. Code Ann. § 25-15-201 et seq. (https://law.justia.com/codes/arkansas/title-25/chapter-15/)
• Code of Arkansas Rules: https://codeofarrules.arkansas.gov/
• Arkansas Secretary of State — Rules and Regulations: https://www.sos.arkansas.gov/rules-regulations
• Arkansas Register: Published by the Arkansas Secretary of State
• Arkansas Secretary of State Register email: [email protected]
• Arkansas Legislative Council: https://www.arkleg.state.ar.us/