APA Comment Letter (General) — Arizona

About This Template

This template is used to submit formal written comments to an Arizona state administrative agency during a notice-and-comment rulemaking proceeding. Under the Arizona Administrative Procedure Act (A.R.S. § 41-1001 et seq.), agencies must publish proposed rules in the Arizona Administrative Register, accept public comments for a minimum of 30 days, allow for oral proceedings upon request, and prepare an Economic, Small Business, and Consumer Impact Statement (EIS). The Governor's Regulatory Review Council (GRRC) independently reviews all final rules before they take effect. This letter allows individuals, businesses, and organizations to shape Arizona regulations.

Arizona Rulemaking Process — Overview

Governing Law: Arizona Administrative Procedure Act, A.R.S. §§ 41-1001 to 41-1091

Where Proposed Rules Are Published:
- Arizona Administrative Register (AAR): official weekly legal publication by the Arizona Secretary of State, published electronically every Friday
- Website: https://azsos.gov/rules/arizona-administrative-register
- Arizona Administrative Code (AAC): codified compilation of adopted rules
- Website: https://azsos.gov/rules
- Individual agency websites and mailing lists

How to Find Open Comment Periods:
- Search the Arizona Administrative Register archives for Notices of Proposed Rulemaking
- Monitor the Governor's Regulatory Review Council website: https://grrc.az.gov/rulemaking
- Contact the agency rulewriting contact listed in the preamble of the notice

Comment Submission Methods:
- Written comments submitted to the agency contact at the address/email in the notice preamble
- Written request for oral proceeding (must be submitted in writing during the 30-day comment period, per A.R.S. § 41-1023)
- Oral testimony at any oral proceeding held by the agency

Minimum Comment Period: 30 days from publication of the notice in the Arizona Administrative Register (A.R.S. § 41-1023(B))

GRRC Review: After the comment period and before a rule is finally adopted, the Governor's Regulatory Review Council (GRRC) independently reviews the rule to ensure it does not: (1) exceed the agency's statutory authority; (2) conflict with existing rules; (3) impose unnecessary burdens on regulated entities; or (4) violate constitutional provisions. GRRC meets monthly. You may also submit written comments to GRRC.

Oral Proceeding: If no oral proceeding is scheduled and you wish to speak, you may request one in writing under A.R.S. § 41-1023. If five or more persons request an oral proceeding, the agency must hold one.

Why Your Comment Matters

Arizona's APA requires agencies to prepare an Economic, Small Business, and Consumer Impact Statement (EIS) for all proposed rules. The agency must respond to comments, and the GRRC reviews the adequacy of the EIS and the agency's statutory authority. A well-documented comment that identifies deficiencies in the EIS, demonstrates that the rule exceeds statutory authority, or proposes superior regulatory language will be reviewed by both the agency and GRRC. Substantive comments that identify specific legal or technical flaws are most effective. The administrative record — including all public comments — is the basis for judicial review under A.R.S. § 41-1092 et seq.

Comment Letter Template

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

[__/__/____]

[Agency Name]
[________________________________]
[Agency Address, Line 1]
[________________________________]
[City, Arizona ZIP]
[Attention: [________________________________], Rulewriter / Rulemaking Contact]

Re: Written Comments on Proposed Rulemaking — [Rule Title]
Arizona Administrative Code (A.A.C.) Citation: A.A.C. [________________________________]
Arizona Administrative Register Notice: Vol. [____], Issue [____], Published [__/__/____]
Comment Deadline: [__/__/____] (30 days from publication)

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to A.R.S. § 41-1023 and § 41-1024 on the above-referenced Notice of Proposed Rulemaking published by [Agency Name] ("Agency") in the Arizona Administrative Register on [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Arizona corporation / trade association / nonprofit / individual] with a direct interest in this proposed rulemaking. [Describe how the submitter is affected: e.g., "We represent [____] Arizona businesses operating in [sector] that will be regulated under the proposed rules" / "We are directly licensed and regulated by the Agency and the proposed rules would fundamentally alter our compliance obligations."]. [Describe relevant expertise.]

Agency Rulewriter Contact (from Notice Preamble):
Name: [________________________________]
Address: [________________________________]
Email: [________________________________]
Phone: [________________________________]

Counsel (if applicable): [________________________________], [Firm], [Address], [(____) ____-________]

II. Executive Summary of Positions

The following summarizes our principal positions:

1. [Position 1 — e.g., "The Agency exceeds its statutory authority under A.R.S. § [____] in imposing [describe requirement]."]
2. [Position 2 — e.g., "The Economic Impact Statement (EIS) materially understates the cost of compliance."]
3. [Position 3 — e.g., "Section R[____]-[____]-[____] uses undefined terms inconsistent with existing Arizona law."]
4. [Position 4 — add or delete as needed]

We will also provide a copy of these comments to the Governor's Regulatory Review Council (GRRC) for its independent review.

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe: e.g., "adoption of new A.A.C. §§ R[____]-[____]-[____] through [____], governing [subject matter]."]. The proposed rulemaking would [summarize key requirements and changes].

B. Agency's Stated Rationale

The Agency states in the notice that the proposed rule is necessary to [describe the agency's stated purpose and need].

C. Statutory Authority

The Agency's rulemaking authority derives from A.R.S. § [____], which authorizes it to [describe scope of authority]. [Discuss whether the proposed rule is within or arguably exceeds that authority.]

D. Economic, Small Business, and Consumer Impact Statement (EIS)

Under A.R.S. § 41-1055, the Agency is required to prepare an EIS for all proposed rules. [Describe whether the Agency's EIS is adequate or identify deficiencies.]

IV. Detailed Comments by Rule Section

(Instructions: Number each comment and identify the specific A.A.C. section. Provide proposed alternative language and supporting rationale for each issue.)

Comment No. 1 — [Proposed Rule Section: A.A.C. § R____-____-____]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite A.R.S. sections, prior rules, case law, economic data, or technical studies.]

Recommended Alternative Language: We request that the Agency revise A.A.C. § R[____]-[____]-[____] to read:

"[________________________________]"

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

Comment No. 2 — [Proposed Rule Section: A.A.C. § R____-____-____]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: A.A.C. § R____-____-____]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative 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 and will not survive GRRC review.

Under A.R.S. § 41-1052, the GRRC shall approve a rule only if it is within the agency's statutory authority. The Agency's authority under A.R.S. § [____] is limited to [describe scope]. The proposed provision at A.A.C. § R[____]-[____]-[____] would [describe what it does and why it exceeds authority]. We urge the Agency to revise or withdraw this provision before submitting the rulemaking package to GRRC.

VI. Economic, Small Business, and Consumer Impact Statement (EIS) Review

Under A.R.S. § 41-1055, the EIS must analyze the costs and benefits of the proposed rule and its impact on small businesses and consumers. We respectfully submit that the Agency's EIS is deficient in the following respects:

Recommendation: We request the Agency prepare a revised EIS with corrected cost figures and allow an additional public comment period on the revised EIS.

VII. Small Business Impact

Arizona requires agencies to analyze small business impacts (A.R.S. § 41-1055). The proposed rule will disproportionately burden small Arizona businesses because [describe impact]. We request the following accommodations:

• [Accommodation 1, e.g., "Tiered compliance obligations based on business size or revenue"]
• [Accommodation 2, e.g., "Extended implementation timeline for businesses with fewer than [____] employees"]
• [Accommodation 3, e.g., "Safe harbor or compliance assistance period of [____] months"]

VIII. Request for Oral Proceeding

☐ Check if requesting an oral proceeding: Pursuant to A.R.S. § 41-1023, we hereby request that the Agency schedule an oral proceeding on this proposed rulemaking. [We understand that if five or more persons submit a timely written request, the Agency is required to hold an oral proceeding.]

We request an oral proceeding because [describe: technical complexity / significant public interest / number of affected parties / need for witnesses to present data].

Preferred location: [________________________________]
Preferred date range: [__/__/____] to [__/__/____]

IX. Submission to Governor's Regulatory Review Council (GRRC)

We are providing a copy of these comments to the Governor's Regulatory Review Council (GRRC), 1110 W. Washington St., Suite 101, Phoenix, AZ 85007. We request that the GRRC carefully review:

• ☐ The Agency's statutory authority for [describe specific provision(s)]
• ☐ The adequacy of the EIS as required by A.R.S. § 41-1055
• ☐ Whether the rule conflicts with existing statute or A.A.C. provisions
• ☐ Whether the rule imposes unnecessary burdens on small businesses or consumers

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis, [Firm/Expert], dated [__/__/____]"]
• Exhibit B: [Description, e.g., "Arizona business survey on proposed rule impact, [Organization], [Year]"]
• Exhibit C: [Description, e.g., "Technical report: [Title], [Author], [Year]"]
• Exhibit D: [Add or delete as needed]

XI. Certification of Timely Submission

I certify that these written comments are being submitted to the Agency on or before [__/__/____], the 30-day comment deadline from the Arizona Administrative Register publication date of [__/__/____]. These comments are submitted by [delivery method] to the Agency rulewriting contact [________________________________].

XII. Conclusion

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

1. [State requested action — e.g., "Revise A.A.C. § R[____]-[____]-[____] as proposed in Comment No. 1."]
2. [State requested action — e.g., "Prepare a revised EIS addressing the deficiencies identified in Section VI."]
3. [State requested action — e.g., "Withdraw or revise the provisions identified as exceeding statutory authority."]
4. [State requested action — e.g., "Schedule an oral proceeding."]

We also request that these comments be provided to and reviewed by GRRC. We appreciate the opportunity to participate in this rulemaking and are available to provide additional information or technical assistance.

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (Arizona)

Finding the Proposed Rule:
- ☐ Located Notice of Proposed Rulemaking in Arizona Administrative Register (https://azsos.gov/rules/arizona-administrative-register)
- ☐ Obtained full text of proposed rule (A.A.C. citation)
- ☐ Confirmed 30-day comment deadline and Agency rulewriter contact from notice preamble
- ☐ Noted Arizona Administrative Register volume, issue number, and publication date

Reviewing the Rule:
- ☐ Read the complete proposed rule text
- ☐ Reviewed the Agency's Economic, Small Business, and Consumer Impact Statement (EIS)
- ☐ Reviewed the Agency's statement of purpose and statutory authority citation
- ☐ Identified each specific A.A.C. section of concern
- ☐ Reviewed the Agency's enabling statute (A.R.S. § [____]) for scope of authority
- ☐ Researched Arizona case law and GRRC review history on subject matter
- ☐ Gathered supporting data: economic analyses, industry surveys, expert opinions

Drafting the Comment:
- ☐ Identified submitter and interest in introduction
- ☐ Noted Agency rulewriter contact from notice preamble
- ☐ Provided executive summary of all positions
- ☐ Numbered each comment by A.A.C. section
- ☐ Included specific proposed alternative regulatory language for each issue
- ☐ Cited A.R.S. sections and case law for each position
- ☐ Challenged EIS if deficient (specific figures required)
- ☐ Addressed small business impact
- ☐ Included oral proceeding request if desired (must be in writing, during 30-day period)
- ☐ Attached and indexed all supporting exhibits

Submission:
- ☐ Submitted to correct agency rulewriter contact before 30-day deadline
- ☐ Submitted copy to GRRC (1110 W. Washington St., Suite 101, Phoenix, AZ 85007)
- ☐ Retained copy of all submitted documents
- ☐ Obtained confirmation of receipt
- ☐ Calendared GRRC meeting date for final rule review

Common Issues Raised in Arizona Agency Comments

Statutory Authority (Critical — GRRC reviews this):
- ☐ Rule exceeds authority granted by enabling statute (A.R.S. § 41-1052 — GRRC must approve)
- ☐ Rule conflicts with another A.R.S. provision
- ☐ Rule conflicts with federal law or creates preemption issue

Economic Impact Statement (EIS) Deficiencies:
- ☐ EIS fails to account for actual compliance costs
- ☐ Small business impact analysis is inadequate
- ☐ Consumer impact not analyzed
- ☐ Alternatives to the proposed rule not analyzed
- ☐ No EIS prepared

Procedural Defects:
- ☐ Notice in Arizona Administrative Register insufficient
- ☐ Comment period shorter than 30-day minimum (A.R.S. § 41-1023(B))
- ☐ Agency denied timely request for oral proceeding without cause
- ☐ Final rule substantially different from proposed rule — requires re-notice

Substantive Concerns:
- ☐ Undefined or ambiguous terminology
- ☐ Compliance timeline unreasonably short
- ☐ Alternative regulatory approaches not considered
- ☐ Duplicative of or inconsistent with existing A.A.C. provisions
- ☐ Constitutional concerns (due process, equal protection)
- ☐ Disproportionate burden on small businesses

Sources and References

• Arizona APA: A.R.S. §§ 41-1001 to 41-1091 (https://www.azleg.gov/arstitle/)
• Arizona Administrative Register: https://azsos.gov/rules/arizona-administrative-register
• Arizona Administrative Code: https://azsos.gov/rules
• Governor's Regulatory Review Council (GRRC): https://grrc.az.gov/rulemaking
• GRRC Rulemaking Manual: https://apps.azsos.gov/administrative_rules/rules_publication_library/Arizona_Rulemaking_Manual.pdf
• Arizona Secretary of State — Rules Division: https://azsos.gov/rules
• ADEQ Rulemaking Process Overview: https://azdeq.gov/how-rules-are-processed-arizona