APA Comment Letter (General)

APA Comment Letter (General) — California

About This Template

This template is used to submit formal written comments to a California state administrative agency during a regular notice-and-comment rulemaking proceeding under the California Administrative Procedure Act (APA), Cal. Gov. Code § 11340 et seq. California has one of the most procedurally rigorous state rulemaking processes in the nation. Agencies must publish a Notice of Proposed Action (NOPA) in the California Regulatory Notice Register, hold a minimum 45-day public comment period, prepare comprehensive economic and fiscal impact analyses, respond to all significant comments, and submit the complete rulemaking record to the Office of Administrative Law (OAL) for independent review before a rule takes effect.

California Rulemaking Process — Overview

Governing Law: California APA, Cal. Gov. Code §§ 11340–11361

Where Proposed Rules Are Published:

• California Regulatory Notice Register (Notice Register): the official weekly publication for all agency rulemaking notices
• Website: https://oal.ca.gov/california_regulatory_notice_register/
• California Code of Regulations (CCR): https://govt.westlaw.com/calregs (Thomson Reuters) or https://codes.findlaw.com/ca/
• Office of Administrative Law (OAL): https://oal.ca.gov/
• Individual agency websites (required posting)

How to Find Open Comment Periods:

• Search the California Regulatory Notice Register by agency name or subject
• Monitor OAL's website for rulemaking activity
• Subscribe to individual agency notification lists
• Contact the agency rulemaking contact identified in the NOPA

Comment Submission Methods:

• Written comments submitted to the agency rulemaking contact by mail or email (address in NOPA)
• Oral testimony at a noticed public hearing (if agency schedules one, or if a public hearing is requested by 15 or more persons no later than 15 days before close of written comment period per Cal. Gov. Code § 11346.8)
• Some agencies accept comments through online portals — check notice

Minimum Comment Period: 45 days from publication of NOPA in the California Regulatory Notice Register (Cal. Gov. Code § 11346.4)

Extended Comment Periods:

• If the agency makes substantial modifications to a proposed rule after the initial comment period, it must re-notice and provide a new 15-day comment period
• Written request for public hearing: must be submitted at least 15 days before close of written comment period

OAL Review: After the comment period closes, the agency prepares a Final Statement of Reasons and a complete rulemaking file and submits it to OAL. OAL reviews for: (1) necessity; (2) authority; (3) clarity; (4) consistency; (5) reference; (6) nonduplication. OAL has 30 working days to approve or disapprove. This is the final gatekeeping step before a rule takes effect.

Why Your Comment Matters

California's APA requires agencies to respond to all significant, relevant, and timely written comments (Cal. Gov. Code § 11346.9(a)(3)). The agency's Final Statement of Reasons must address "each objection raised" in the comments and explain why any suggested alternatives were rejected. If OAL finds the agency failed to adequately respond to significant comments, it may disapprove the rulemaking. The administrative record — including all written comments and the Final Statement of Reasons — is the evidentiary basis for judicial review under Cal. Gov. Code § 11350 and Code of Civil Procedure § 1094.5 (writ of mandate). A well-documented comment that identifies specific legal or technical deficiencies in the rulemaking creates leverage at every stage: the comment period, OAL review, and potential litigation.

Comment Letter Template

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

[__/__/____]

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

Re: Written Comments on Notice of Proposed Action (NOPA) — [Rule Title]
California Code of Regulations Citation: [____] Cal. Code Regs. §§ [____]–[____]
California Regulatory Notice Register: Z-[____]-[____]-[____] (or OAL File No. [________________________________])
NOPA Publication Date: [__/__/____]
Comment Deadline: [__/__/____] (45 days from publication)
Agency Hearing Date (if any): [__/__/____] at [________________________________]

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Cal. Gov. Code §§ 11346.4 and 11347.3 on the above-referenced Notice of Proposed Action published by [Agency Name] ("Agency") in the California Regulatory Notice Register on [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] is a [describe: California corporation / statewide trade association / nonprofit public interest organization / individual California resident or business owner]. [Describe how the submitter is affected: e.g., "We represent [____] California businesses in the [sector] industry that will be subject to the proposed regulations" / "We provide [describe services] and hold License No. [____] issued by the Agency."]. [Describe relevant expertise and qualifications.]

We have a substantial interest in ensuring that the final regulation is: (1) within the Agency's statutory authority; (2) supported by a legally adequate economic and fiscal impact analysis; (3) consistent with California law; and (4) clear, workable, and not more restrictive than necessary.

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

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

II. Executive Summary of Positions

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

1. [Position 1 — e.g., "The Agency lacks statutory authority under [enabling statute] to impose [describe requirement] as proposed in Cal. Code Regs. § [____]."]
2. [Position 2 — e.g., "The Standardized Regulatory Impact Assessment (SRIA) / economic analysis materially understates the cost of compliance with the proposed rule."]
3. [Position 3 — e.g., "Section [____] of the proposed regulation contains undefined terms that will create compliance uncertainty and litigation risk."]
4. [Position 4 — e.g., "The proposed compliance timeline of [____] days is unreasonably short; we request [____] days."]
5. [Position 5 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe: e.g., "adoption / amendment / repeal of [____] Cal. Code Regs. §§ [____] through [____], governing [subject matter]."]. The proposed regulation would [summarize key requirements and changes].

B. Agency's Stated Necessity

The Agency states in the NOPA that the proposed regulation is necessary because [describe the agency's stated necessity and purpose].

C. Statutory Authority

The Agency identifies [Cal. [Code] § [____] / [enabling statute]] as the source of its rulemaking authority. [Analyze whether the proposed regulation is within or arguably exceeds that authority under Cal. Gov. Code § 11349.1(a)(1).]

D. Economic and Fiscal Impact Analysis

The Agency has prepared [describe: an Initial Statement of Reasons (ISOR) with a Standardized Regulatory Impact Assessment (SRIA) / a Standard Economic and Fiscal Impact Statement / other economic analysis]. [Describe whether the analysis is legally adequate.]

IV. Detailed Comments by Regulation Section

(Instructions: Number each comment. Identify the specific CCR section. Quote proposed text. Provide proposed alternative language and supporting rationale.)

Comment No. 1 — [Proposed Regulation: [____] Cal. Code Regs. § [____]]

Issue: [Describe the specific provision of concern.]

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, practical, or economic problem. Cite Cal. Gov. Code provisions, existing CCR sections, case law, economic data, or technical studies.]

Recommended Alternative Language: We request that the Agency revise [____] Cal. Code Regs. § [____] to read:

"[________________________________]"

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

Comment No. 2 — [Proposed Regulation: [____] Cal. Code Regs. § [____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Regulation: [____] Cal. Code Regs. § [____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

(Add additional numbered comments as needed)

V. Statutory Authority Analysis — Cal. Gov. Code § 11349.1(a)(1)

☐ Check if applicable: We respectfully submit that the proposed regulation [in whole / in part] exceeds the Agency's statutory authority and will not survive OAL review under Cal. Gov. Code § 11349.1(a)(1).

OAL must disapprove a regulation that is not within the scope of the authority conferred by the statute under which the regulation is adopted. The Agency's enabling statute, [Cal. [Code] § [____]], grants authority to [describe scope]. The proposed provision at [____] Cal. Code Regs. § [____] would [describe what it does and why it exceeds authority]. [Cite California Court of Appeal or Supreme Court cases on point if available.]

VI. Economic and Fiscal Impact Analysis — Cal. Gov. Code § 11346.3

Under Cal. Gov. Code § 11346.3, the Agency must perform an economic impact analysis that quantifies the costs and benefits of the proposed regulation, including:

• The proposed regulation's effect on jobs, business creation, elimination, and expansion
• The proposed regulation's costs to businesses and individuals
• Potential alternative regulations

We submit that the Agency's [SRIA / economic analysis] is deficient in the following respects:

A. Cost Understatement:

B. Missing Analysis:

• ☐ The Agency has not analyzed [describe missing analysis, e.g., "the proposed regulation's effect on employment in the [sector] industry"]
• ☐ The Agency has not compared the proposed regulation to less costly alternatives
• ☐ The Agency has not analyzed the fiscal impact on California state and local governments

Recommendation: We request the Agency prepare a revised economic analysis and open a new 15-day comment period on the revised analysis before finalizing the regulation.

VII. Small Business Impact Analysis

Cal. Gov. Code § 11346.3 requires the Agency to assess the impact of a proposed regulation on small businesses. The proposed regulation will impose a disproportionate burden on small California businesses because [describe impact]. We request the following relief:

• [Relief 1, e.g., "Tiered compliance requirements based on business revenue or number of employees"]
• [Relief 2, e.g., "Extended implementation timeline for businesses with annual revenue under $[____]"]
• [Relief 3, e.g., "Technical assistance resources and compliance guides before effective date"]

VIII. Request for Public Hearing — Cal. Gov. Code § 11346.8

☐ Check if requesting a hearing: We hereby request that the Agency hold a public hearing on this proposed rulemaking, pursuant to Cal. Gov. Code § 11346.8. [If 15 or more individuals request a hearing in writing at least 15 days before the close of the written comment period, the Agency must hold a hearing.]

This request is being submitted on [__/__/____], which is at least 15 days before the comment period closes on [__/__/____].

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

IX. OAL Review Issues

We will provide OAL with a copy of these comments upon submission of the rulemaking file by the Agency. We request OAL review the following compliance issues under Cal. Gov. Code § 11349.1:

• ☐ Necessity (§ 11349.1(a)(2)): The Agency has not demonstrated a specific factual need for each provision of the proposed regulation
• ☐ Authority (§ 11349.1(a)(1)): Specific provisions exceed statutory authority
• ☐ Clarity (§ 11349.1(a)(3)): Terms are undefined or ambiguous
• ☐ Consistency (§ 11349.1(a)(4)): Proposed regulation conflicts with existing CCR or Cal. Gov. Code provisions
• ☐ Nonduplication (§ 11349.1(a)(5)): Proposed regulation duplicates existing requirements

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis prepared by [Firm/Expert], dated [__/__/____]"]
• Exhibit B: [Description, e.g., "California business survey on proposed regulation impact, [Organization], [Year]"]
• Exhibit C: [Description, e.g., "Technical report: [Title], [Author], [Year]"]
• Exhibit D: [Description, e.g., "Letters of support from [organizations]"]
• Exhibit E: [Add or delete as needed]

XI. Certification of Timely Submission

I certify that these written comments are being submitted to [Agency Name] on or before [__/__/____], the 45-day comment period deadline from the California Regulatory Notice Register publication date of [__/__/____]. These comments are submitted by [delivery method] to the Agency rulemaking contact [________________________________].

XII. Conclusion

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

1. [Requested action — e.g., "Revise [____] Cal. Code Regs. § [____] as proposed in Comment No. 1."]
2. [Requested action — e.g., "Prepare a revised SRIA addressing the deficiencies identified in Section VI and re-open the comment period."]
3. [Requested action — e.g., "Withdraw or revise provisions identified as exceeding statutory authority in Section V."]
4. [Requested action — e.g., "Schedule a public hearing."]
5. [Requested action — e.g., "Extend the proposed compliance timeline from [____] to [____] days."]

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

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (California)

Finding the Proposed Regulation:

• ☐ Located NOPA in California Regulatory Notice Register: https://oal.ca.gov/california_regulatory_notice_register/
• ☐ Obtained full text of proposed regulation and Initial Statement of Reasons (ISOR) from agency
• ☐ Located agency's Standardized Regulatory Impact Assessment (SRIA) or economic analysis
• ☐ Confirmed 45-day comment deadline and agency rulemaking contact
• ☐ Noted CCR citation, Notice Register citation, and OAL file number if assigned

Reviewing the Rule:

• ☐ Read the complete proposed regulation text
• ☐ Read the ISOR — agency's statement of necessity, authority, and economic analysis
• ☐ Reviewed agency's SRIA / economic and fiscal impact analysis
• ☐ Identified each specific CCR section of concern
• ☐ Reviewed enabling statute for scope of agency authority
• ☐ Researched California case law and OAL disapproval history on subject
• ☐ Gathered supporting data: economic analyses, technical studies, business surveys

Drafting the Comment:

• ☐ Identified submitter and substantial interest in introduction
• ☐ Noted agency rulemaking contact from NOPA
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by CCR section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited Cal. Gov. Code sections and case law for each position
• ☐ Challenged SRIA/economic analysis with specific alternative figures
• ☐ Addressed OAL review standards: necessity, authority, clarity, consistency, nonduplication
• ☐ Included public hearing request at least 15 days before comment period close (if applicable)
• ☐ Attached and indexed all supporting exhibits

Submission:

• ☐ Submitted to correct agency rulemaking contact before 45-day deadline
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt
• ☐ Calendared re-notice period if agency makes substantial modifications to proposed rule

Common Issues Raised in California Agency Comments

OAL Review Standards (Most Critical):

• ☐ Necessity: Agency failed to demonstrate specific factual need for each provision (Cal. Gov. Code § 11349.1(a)(2))
• ☐ Authority: Rule exceeds statutory authority — OAL must disapprove (§ 11349.1(a)(1))
• ☐ Clarity: Terms are undefined, ambiguous, or internally inconsistent (§ 11349.1(a)(3))
• ☐ Consistency: Rule conflicts with existing statute or other CCR provisions (§ 11349.1(a)(4))
• ☐ Nonduplication: Rule duplicates existing state or federal requirements (§ 11349.1(a)(5))

Economic Analysis (SRIA) Deficiencies:

• ☐ SRIA understates compliance costs
• ☐ SRIA fails to analyze small business impact
• ☐ SRIA fails to analyze alternatives to the proposed regulation
• ☐ SRIA fails to analyze fiscal impact on state and local government
• ☐ No SRIA prepared when one is required

Procedural Defects:

• ☐ NOPA not published in California Regulatory Notice Register
• ☐ Comment period shorter than 45 days (Cal. Gov. Code § 11346.4)
• ☐ Agency denied timely public hearing request when 15+ persons submitted written requests
• ☐ Final rule substantially different from proposed rule — requires new 15-day comment period

Substantive Concerns:

• ☐ Compliance timeline unreasonably short
• ☐ Ambiguous terms not defined in the regulation
• ☐ More restrictive than necessary to achieve regulatory purpose
• ☐ Inconsistency with federal regulations (preemption or conflict)
• ☐ Constitutional concerns (due process, equal protection, First Amendment)
• ☐ Inadequate consideration of alternatives

Sources and References

• California APA: Cal. Gov. Code §§ 11340–11361 (https://leginfo.legislature.ca.gov/)
• Office of Administrative Law (OAL): https://oal.ca.gov/
• OAL Regular Rulemaking Process: https://oal.ca.gov/rulemaking_participation/
• California Regulatory Notice Register: https://oal.ca.gov/california_regulatory_notice_register/
• California Code of Regulations: https://govt.westlaw.com/calregs
• OAL FAQs: https://oal.ca.gov/faq/