APA Comment Letter (General)

APA Comment Letter (General) — Colorado

About This Template

This template is used to submit formal written comments to a Colorado state administrative agency during an ordinary rulemaking under C.R.S. § 24-4-103. The Agency publishes notice in the Colorado Register, holds the noticed proceeding, and provides the participation described in subsection (4). Under subsection (2.5), the executive director of the Department of Regulatory Agencies or a designee decides whether a timely requested cost-benefit analysis is required.

Colorado Rulemaking Process — Overview

Governing Law: Colorado Administrative Procedure Act, C.R.S. § 24-4-101 et seq.

Where Proposed Rules Are Published:

• Colorado Register: published twice monthly by the Secretary of State
• Website: https://www.sos.state.co.us/pubs/CCR/welcome.xhtml
• Code of Colorado Regulations (CCR): https://www.sos.state.co.us/CCR/Welcome.do
• Colorado Rulemaking Portal: https://rulemaking.colorado.gov/
• COPRRR website: https://coprrr.colorado.gov/
• Individual agency websites

How to Find Open Comment Periods:

• Monitor the Colorado Register for Notices of Proposed Rulemaking
• Search the Colorado Rulemaking Portal: https://rulemaking.colorado.gov/
• Monitor COPRRR's rulemaking calendar: https://coprrr.colorado.gov/rulemaking-and-cba/rulemaking
• Contact the agency rulemaking contact listed in the notice

Comment Submission Methods:

• Written comments submitted to the agency before or at the public hearing
• Oral testimony at the noticed public hearing
• Online submission through the Colorado Rulemaking Portal (where available)
• Mail or email to the agency rulemaking contact

Comment Period and Hearing: Under C.R.S. § 24-4-103, the agency must file notice with the Secretary of State at least 20 days before the scheduled public hearing. The public may submit written comments before or at the hearing and provide oral testimony at the hearing itself. Colorado's rulemaking process centers on the public hearing rather than a separate written comment period.

After the Hearing: The agency considers all comments received at and before the hearing, then may adopt a final rule. Final adopted rules are filed with the Secretary of State within 20 days of adoption for publication in the Colorado Register.

Cost-Benefit Request: Any person may request within five days after Register publication that DORA require a cost-benefit analysis under § 24-4-103(2.5). DORA decides whether to require it after consulting the Agency. A separate regulatory-analysis request under subsection (4.5) must be made at least 15 days before the hearing.

Legislative Review: The Office of Legislative Legal Services (OLLS) Administrative Rule Review program reviews agency rules for compliance with statutory authority. The legislature may void rules by joint resolution within the first 30 days of a legislative session.

Why Your Comment Matters

Colorado's APA requires agencies to hold a public hearing on proposed rules and consider all evidence and testimony presented before adoption (C.R.S. § 24-4-103(4)). The administrative record — including all written submissions and hearing testimony — forms the basis for judicial review of the final rule (C.R.S. § 24-4-106). Courts reviewing rules under Colorado's APA apply a "reasonableness" standard and will set aside rules that are: (1) beyond the agency's authority; (2) made upon unlawful procedure; (3) an abuse of discretion; or (4) arbitrary or capricious. A well-documented comment citing specific legal authority and providing economic data creates a record for both OLLS review and potential judicial challenge. The legislature's power to void rules within 30 days of a session also gives substantive comments political leverage.

Comment Letter Template

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

[__/__/____]

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

Re: Written Comments on Proposed Rulemaking — [Rule Title]
Code of Colorado Regulations (CCR) Citation: [____] CCR [____]-[____]
Colorado Register: Vol. [____], No. [____], Published [__/__/____]
Public Hearing Date: [__/__/____] at [time], [location]
Agency Rulemaking Docket: [________________________________]

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to C.R.S. § 24-4-103 on the above-referenced proposed rulemaking filed by [Agency Name] ("Agency") with the Colorado Secretary of State. [Name of submitter] is also prepared to present oral testimony at the public hearing scheduled for [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Colorado corporation / statewide trade association / nonprofit / individual Colorado resident] with a direct interest in this proposed rulemaking. [Describe how the submitter is affected: e.g., "Our organization represents [____] Colorado businesses in the [sector] industry subject to the proposed rules" / "We operate [describe] and hold License No. [____] issued by the Agency."]. [Describe relevant expertise.]

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

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

II. Executive Summary of Positions

The following summarizes our principal positions:

1. [Position 1 — e.g., "The Agency lacks statutory authority under C.R.S. § [____] to impose [describe requirement]."]
2. [Position 2 — e.g., "The cost-benefit analysis required by C.R.S. § 2-7-203 materially understates the cost of compliance."]
3. [Position 3 — e.g., "Section [____] CCR [____] uses undefined terms that will create compliance uncertainty."]
4. [Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe: e.g., "adoption of new rules / amendments to [____] CCR [____]-[____], 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 rationale and purpose].

C. Statutory Authority

The Agency's rulemaking authority derives from C.R.S. § [____], which grants authority to [describe scope]. [Discuss whether the proposed rule falls within or arguably exceeds that authority.]

D. Cost-Benefit Analysis

Under C.R.S. § 24-4-103(2.5), any person may request within five days after Register publication that DORA require a cost-benefit analysis. The request [was / was not] timely submitted, and DORA [did / did not] require an analysis. [Describe the analysis or request status.]

IV. Detailed Comments by Rule Section

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

Comment No. 1 — [Proposed Rule Section: [____] CCR [____]-[____], Rule [____]]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, practical, or economic problem. Cite C.R.S. provisions, existing CCR sections, Colorado case law, or economic data.]

Recommended Alternative Language: We request that the Agency revise [____] CCR [____]-[____] to read:

"[________________________________]"

Supporting Rationale: [Explain why proposed language is preferable. Provide specific evidence, data, or legal authority.]

Comment No. 2 — [Proposed Rule Section: [____] CCR [____]-[____], Rule [____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: [____] CCR [____]-[____], Rule [____]]

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 statutory authority and should be reviewed by the Office of Legislative Legal Services (OLLS).

Under C.R.S. § 24-4-103(8), the Agency may adopt only rules within the scope of authority conferred by statute. The Agency's enabling statute at C.R.S. § [____] grants authority to [describe scope]. The proposed provision at [____] CCR [____]-[____] would [describe what it does and why it exceeds authority]. We request the Agency revise or withdraw this provision.

We are providing a copy of these comments to the OLLS Administrative Rule Review program for its review.

VI. Cost-Benefit and Regulatory Analysis — C.R.S. § 24-4-103(2.5), (4.5)

Commenter [timely requested / did not request] a DORA-required cost-benefit analysis within the five-day period in § 24-4-103(2.5). Commenter [timely requested / did not request] the separate regulatory analysis at least 15 days before hearing under subsection (4.5). We respectfully submit the following evidence concerning the proposal's costs, benefits, affected classes, and alternatives:

Recommendation: We request the Agency correct its analysis to reflect these figures and consider the less costly or less intrusive alternatives identified above.

VII. Small Business Impact Evidence

Section 24-4-103.3 governs mandatory periodic review of rules; it is not a proposed-rule small-business impact statement. For a required cost-benefit analysis, § 24-4-103(2.5)(a)(IV) includes adverse effects on small businesses. The proposed rule will have the following impacts:

• [Impact 1, e.g., "Requires purchase of [equipment/software] at an estimated cost of $[____] per business"]
• [Impact 2, e.g., "Requires [____] additional staff hours per week for compliance reporting"]
• [Impact 3, e.g., "Imposes permit fees of $[____] per [unit/facility/year]"]

We request the Agency adopt the following measures to mitigate small business burden:

• [Mitigation 1, e.g., "Tiered requirements based on business size (fewer than [____] employees)"]
• [Mitigation 2, e.g., "Phased implementation with small business compliance beginning [____] months after effective date"]
• [Mitigation 3, e.g., "Small business compliance guide and technical assistance program"]

VIII. Oral Testimony at Public Hearing

[Name of submitter] intends to present oral testimony at the public hearing scheduled for [__/__/____] at [____] a.m./p.m. at [location]. We intend to have the following witnesses testify:

We request [____] minutes of total hearing time for our presentation.

IX. OLLS Administrative Rule Review

We are providing a copy of these comments to the Office of Legislative Legal Services (OLLS) Administrative Rule Review program. We request OLLS review the following issues for compliance with C.R.S. § 24-4-103:

• ☐ Whether the Agency has exceeded its statutory authority
• ☐ Whether the rule conflicts with existing Colorado statutes
• ☐ Whether the rule conflicts with existing CCR provisions
• ☐ Whether the Agency followed proper rulemaking procedures

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic analysis, [Firm/Expert], [__/__/____]"]
• Exhibit B: [Description, e.g., "Colorado 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 [Agency Name] in advance of the public hearing scheduled for [__/__/____]. These comments are submitted by [delivery method] to the Agency rulemaking contact [________________________________] at [address / email].

XII. Conclusion

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

1. [Requested action — e.g., "Revise [____] CCR [____]-[____] as proposed in Comment No. 1."]
2. [Requested action — e.g., "Revise the cost-benefit analysis to reflect accurate compliance costs."]
3. [Requested action — e.g., "Withdraw or revise the provisions identified as exceeding statutory authority."]
4. [Requested action — e.g., "Adopt small business accommodations as proposed in Section VII."]

We appreciate the opportunity to participate in this rulemaking and are available to provide additional information or expert testimony at the public hearing or in subsequent proceedings.

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (Colorado)

Finding the Proposed Rule:

• ☐ Located Notice of Proposed Rulemaking in Colorado Register: https://www.sos.state.co.us/pubs/CCR/welcome.xhtml
• ☐ Located proposed rule on Colorado Rulemaking Portal: https://rulemaking.colorado.gov/
• ☐ Obtained full text of proposed rule (CCR citation)
• ☐ Confirmed public hearing date, time, and location
• ☐ Noted Colorado Register volume, issue number, and publication date
• ☐ Identified agency rulemaking contact

Reviewing the Rule:

• ☐ Read the complete proposed rule text
• ☐ Reviewed agency's cost-benefit analysis (if filed with COPRRR)
• ☐ Reviewed agency's small business impact statement (C.R.S. § 24-4-103.3)
• ☐ Reviewed agency's statement of purpose and statutory authority
• ☐ Identified each specific CCR section of concern
• ☐ Reviewed enabling statute for scope of agency authority
• ☐ Researched Colorado Supreme Court and Court of Appeals decisions on subject
• ☐ Gathered supporting data: economic analyses, expert opinions, business surveys

Drafting the Comment:

• ☐ Identified submitter and interest in introduction
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by CCR section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited C.R.S. sections and Colorado case law for each position
• ☐ Challenged cost-benefit analysis with specific alternative figures
• ☐ Addressed small business impact (C.R.S. § 24-4-103.3)
• ☐ Planned oral hearing testimony — witnesses, exhibits, time needed
• ☐ Attached and indexed all supporting exhibits

Submission and Follow-Up:

• ☐ Submitted written comments to agency before hearing (or at hearing)
• ☐ Attended / testified at public hearing on [__/__/____]
• ☐ Provided copy to COPRRR and OLLS Administrative Rule Review program
• ☐ Retained copy of all submitted documents and hearing transcript
• ☐ Calendared final rule adoption effective date and OLLS review period

Common Issues Raised in Colorado Agency Comments

Statutory Authority (OLLS Reviews This):

• ☐ Rule exceeds authority granted by enabling statute (C.R.S. § 24-4-103(8))
• ☐ Rule conflicts with another C.R.S. provision
• ☐ Rule conflicts with federal law

Cost-Benefit Analysis (COPRRR Reviews This):

• ☐ Cost-benefit analysis understates actual compliance costs
• ☐ Small business impact not adequately analyzed (C.R.S. § 24-4-103.3)
• ☐ Alternatives to the proposed rule not analyzed
• ☐ No cost-benefit analysis prepared for major rule

Procedural Defects:

• ☐ Notice not filed at least 20 days before hearing (C.R.S. § 24-4-103(3))
• ☐ Notice not published in Colorado Register
• ☐ Public hearing not held

Substantive Concerns:

• ☐ Compliance timeline unreasonably short
• ☐ Ambiguous or undefined terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with existing CCR provisions
• ☐ Constitutional concerns (due process, equal protection)
• ☐ Preemption or conflict with federal regulations
• ☐ Disproportionate impact on rural Colorado communities

Sources and References

• Colorado APA: C.R.S. § 24-4-101 et seq. (https://leg.colorado.gov/colorado-revised-statutes)
• Colorado Register: https://www.sos.state.co.us/pubs/CCR/welcome.xhtml
• Code of Colorado Regulations: https://www.sos.state.co.us/CCR/Welcome.do
• Colorado Rulemaking Portal: https://rulemaking.colorado.gov/
• COPRRR: https://coprrr.colorado.gov/rulemaking-and-cba/rulemaking
• OLLS Administrative Rule Review: https://content.leg.colorado.gov/agencies/office-legislative-legal-services/administrative-rule-review-0
• DORA Rulemaking: https://dora.colorado.gov/colorado-rulemaking