APA Comment Letter (General)

APA Comment Letter (General) — Connecticut

About This Template

This template is used to submit formal written comments to a Connecticut state administrative agency during a notice-and-comment rulemaking proceeding. Under the Connecticut Uniform Administrative Procedure Act (UAPA), Conn. Gen. Stat. § 4-166 et seq., agencies must publish notice of proposed regulations in the Connecticut Law Journal, accept written comments for a minimum of 30 days, and hold a public hearing or written comment period before adopting regulations. All proposed regulations must be reviewed by the Legislative Regulation Review Committee (LRRC) before taking effect. Connecticut also posts proposed regulations on its eRegulations System. This letter allows individuals, businesses, and organizations to shape state regulations before they take effect.

Connecticut Rulemaking Process — Overview

Governing Law: Connecticut Uniform Administrative Procedure Act (UAPA), Conn. Gen. Stat. §§ 4-166 to 4-189

Where Proposed Regulations Are Published:

• Connecticut Law Journal: official weekly publication; agencies must publish notice of proposed regulations
• Connecticut eRegulations System: https://eregulations.ct.gov/
• Connecticut Regulations of State Agencies (CRSA): https://eregulations.ct.gov/
• Individual agency websites (required under Conn. Gen. Stat. § 4-168)

How to Find Open Comment Periods:

• Monitor the Connecticut Law Journal for Notice of Intent to Adopt Regulations
• Search the Connecticut eRegulations System for pending regulations
• Sign up for agency notification lists
• Contact the agency's legal counsel or regulatory contact

Comment Submission Methods:

• Written comments mailed or emailed to the agency contact listed in the notice
• Oral testimony at any public hearing held by the agency
• Agencies must mail a paper copy of notice to persons who specifically requested it within 5 days of publication

Minimum Comment Period: 30 days from publication in the Connecticut Law Journal (Conn. Gen. Stat. § 4-168). The notice must specify when, where, and how interested persons can present views on the proposed regulation.

Small Business Impact Analysis: If the proposed regulation will affect small businesses, the agency must prepare a small business impact and regulatory flexibility analysis (Conn. Gen. Stat. § 4-168a).

Legislative Regulation Review Committee (LRRC): After the comment period, the agency submits the regulation to the LRRC for approval. The LRRC has 65 days to review and may: (1) approve; (2) disapprove; (3) request revisions; or (4) let the period expire without action (regulation takes effect). LRRC disapproval prevents the regulation from taking effect.

Effective Date: A regulation takes effect upon LRRC approval or expiration of the LRRC review period, followed by filing with the Secretary of State.

Why Your Comment Matters

Connecticut's UAPA requires agencies to consider all timely written comments before adopting a final regulation (Conn. Gen. Stat. § 4-168). The regulation-making record — including all public comments — must be maintained by the agency and is the basis for judicial review (Conn. Gen. Stat. § 4-168b). Any person aggrieved by a final regulation may appeal to the Superior Court (Conn. Gen. Stat. § 4-175). The LRRC provides a critical second layer of review: you may also submit comments directly to the LRRC during its 65-day review window. Substantive comments that identify specific legal errors, policy problems, or superior alternatives give the LRRC grounds to disapprove or request revisions to a regulation before it takes effect.

Comment Letter Template

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

[__/__/____]

[Agency Name]
[________________________________]
[Agency Address, Line 1]
[________________________________]
[City, Connecticut ZIP]
[Attention: [________________________________], Regulatory / Legal Counsel Contact]

Re: Written Comments on Proposed Regulation — [Regulation Title]
Connecticut Regulations of State Agencies (CRSA) Citation: [________________________________]
Connecticut Law Journal Notice Published: [__/__/____]
Comment Deadline: [__/__/____] (30 days from publication)

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Conn. Gen. Stat. § 4-168 on the above-referenced proposed regulation published by [Agency Name] ("Agency") in the Connecticut Law Journal on [__/__/____] and posted on the Connecticut eRegulations System.

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Connecticut corporation / statewide nonprofit / trade association / individual Connecticut resident or business] with a direct interest in this proposed regulation. [Describe how the submitter is affected: e.g., "Our organization represents [____] Connecticut businesses in the [sector] industry subject to the proposed regulations" / "We are directly regulated by the Agency under [program] and the proposed regulations would materially change our compliance obligations."]. [Describe relevant expertise.]

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

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

Notice to LRRC: We intend to provide a copy of these comments to the Legislative Regulation Review Committee for its review during the 65-day review period following LRRC submission.

II. Executive Summary of Positions

The following summarizes our principal positions:

1. [Position 1 — e.g., "The Agency exceeds its statutory authority under Conn. Gen. Stat. § [____] in imposing [describe requirement]."]
2. [Position 2 — e.g., "The small business impact analysis required by Conn. Gen. Stat. § 4-168a is inadequate."]
3. [Position 3 — e.g., "Section [____] of the proposed regulation uses undefined terms inconsistent with existing Connecticut law."]
4. [Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Regulation

[Agency Name] has proposed [describe: e.g., "adoption of new regulations / amendments to [CRSA citation], governing [subject matter]."]. The proposed regulation would [summarize key requirements and changes in 3–5 sentences].

B. Agency's Stated Purpose

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

C. Statutory Authority

The Agency's rulemaking authority derives from Conn. Gen. Stat. § [____], which authorizes it to [describe scope of authority]. [Discuss whether the proposed regulation is within or arguably exceeds that authority.]

D. Small Business Impact Analysis

Under Conn. Gen. Stat. § 4-168a, the Agency [has / has not] prepared a small business impact and regulatory flexibility analysis. [Describe any deficiencies in the analysis.]

IV. Detailed Comments by Regulation Section

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

Comment No. 1 — [Proposed Regulation Section: [________________________________]]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite Conn. Gen. Stat. sections, existing CRSA sections, Connecticut court decisions, or economic data.]

Recommended Alternative Language: We request that the Agency revise [regulation section] to read:

"[________________________________]"

Supporting Rationale: [Explain why proposed language is preferable. Provide specific supporting evidence.]

Comment No. 2 — [Proposed Regulation Section: [________________________________]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Regulation Section: [________________________________]]

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 regulation [in whole / in part] exceeds the Agency's statutory authority and should be reviewed carefully by the LRRC.

Connecticut law requires regulations to be within the scope of the agency's enabling statute. The Agency's authority under Conn. Gen. Stat. § [____] is limited to [describe scope]. The proposed provision at [regulation section] would [describe what it does and why it exceeds authority]. We urge the Agency to revise this provision before the regulation is submitted to the LRRC, and we will separately request the LRRC to disapprove or request revisions to this provision.

VI. Small Business Impact and Regulatory Flexibility Analysis — Conn. Gen. Stat. § 4-168a

Under Conn. Gen. Stat. § 4-168a, if the proposed regulation will affect small businesses, the agency must prepare a small business impact and regulatory flexibility analysis that includes:
(1) a description of the types and approximate number of small businesses subject to the proposed regulation;
(2) the projected reporting, recordkeeping, and other compliance requirements;
(3) any exemptions for small businesses; and
(4) less burdensome regulatory alternatives.

We submit that the Agency's small business impact analysis [was not prepared / is deficient in the following respects]:

Requested Regulatory Flexibility Accommodations:

• [Accommodation 1, e.g., "Phased compliance timeline for businesses with fewer than [____] employees"]
• [Accommodation 2, e.g., "Simplified reporting option for small businesses with annual revenue under $[____]"]
• [Accommodation 3, e.g., "Exemption for businesses with fewer than [____] employees"]

VII. Fiscal Note / Economic Impact Analysis

The proposed regulation will have the following economic impacts that the Agency's notice does not adequately address:

VIII. Request for Public Hearing

☐ Check if requesting a hearing: We request that the Agency schedule a public hearing on this proposed regulation, at which we may present oral testimony. A public hearing is warranted because [describe: technical complexity / significant public interest / volume of issues / number of affected parties].

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

IX. Notice to Legislative Regulation Review Committee (LRRC)

We intend to provide a copy of these comments to the LRRC at the time the Agency submits the regulation for LRRC review. We request that the LRRC carefully review the following issues:

• ☐ The Agency's statutory authority for [specific provision]
• ☐ The adequacy of the small business impact analysis (Conn. Gen. Stat. § 4-168a)
• ☐ Whether the regulation conflicts with Conn. Gen. Stat. § [____]
• ☐ Whether the regulation is consistent with legislative intent

LRRC contact information: Legislative Regulation Review Committee, Connecticut General Assembly, Legislative Office Building, Room 5100, Hartford, CT 06106

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis, [Firm/Expert], [__/__/____]"]
• Exhibit B: [Description, e.g., "Connecticut business survey on proposed regulation 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] on or before [__/__/____], the 30-day comment deadline from the Connecticut Law Journal publication date of [__/__/____]. These comments are submitted by [delivery method] to the Agency 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 [regulation section] as proposed in Comment No. 1."]
2. [Requested action — e.g., "Prepare / revise the small business impact and regulatory flexibility analysis under Conn. Gen. Stat. § 4-168a."]
3. [Requested action — e.g., "Withdraw or revise the provisions identified as exceeding statutory authority."]
4. [Requested action — e.g., "Schedule a public hearing."]

We will separately provide these comments to the LRRC and request its careful review. 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, Connecticut ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]
[Date: [__/__/____]]

Checklist — Comment Preparation and Submission (Connecticut)

Finding the Proposed Regulation:

• ☐ Located Notice of Intent to Adopt Regulations in Connecticut Law Journal
• ☐ Located proposed regulation on Connecticut eRegulations System: https://eregulations.ct.gov/
• ☐ Obtained full text of proposed regulation from agency or eRegulations System
• ☐ Confirmed 30-day comment deadline and agency contact
• ☐ Noted Connecticut Law Journal publication date and CRSA citation

Reviewing the Rule:

• ☐ Read the complete proposed regulation text
• ☐ Reviewed agency's small business impact and regulatory flexibility analysis (Conn. Gen. Stat. § 4-168a)
• ☐ Reviewed agency's fiscal note (if any)
• ☐ Reviewed agency's statement of purpose
• ☐ Identified each specific regulation section of concern
• ☐ Reviewed enabling statute (Conn. Gen. Stat. § [____]) for scope of authority
• ☐ Researched Connecticut Supreme Court and Appellate Court decisions on subject
• ☐ Gathered supporting data: economic analyses, expert opinions, industry surveys

Drafting the Comment:

• ☐ Identified submitter and interest in introduction
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by regulation section
• ☐ Included specific proposed alternative regulatory language
• ☐ Cited Conn. Gen. Stat. sections and case law for each position
• ☐ Challenged small business impact analysis if deficient
• ☐ Addressed fiscal / economic impacts
• ☐ Requested public hearing if desired
• ☐ Attached and indexed all supporting exhibits

Submission and LRRC Follow-Up:

• ☐ Submitted to correct agency contact before 30-day deadline
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt
• ☐ Calendared LRRC 65-day review period
• ☐ Submitted copy of comments to LRRC when regulation is under LRRC review

Common Issues Raised in Connecticut Agency Comments

Statutory Authority (LRRC Reviews This):

• ☐ Regulation exceeds authority granted by enabling statute
• ☐ Regulation conflicts with another Conn. Gen. Stat. provision
• ☐ Regulation conflicts with federal law

Small Business Impact Analysis Deficiencies:

• ☐ No small business impact analysis prepared (Conn. Gen. Stat. § 4-168a)
• ☐ Number of affected small businesses understated
• ☐ Compliance costs understated
• ☐ Less burdensome alternatives not analyzed
• ☐ Regulatory flexibility options not considered

Procedural Defects:

• ☐ Notice not published in Connecticut Law Journal
• ☐ Notice not posted on eRegulations System (Conn. Gen. Stat. § 4-168)
• ☐ Comment period shorter than 30 days
• ☐ Notice did not include required information (statutory authority, small business analysis, etc.)
• ☐ Final regulation substantially different from proposed — requires new notice

Substantive Concerns:

• ☐ Compliance timeline unreasonably short
• ☐ Undefined or ambiguous terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with existing CRSA provisions
• ☐ Municipal fiscal impact not adequately analyzed
• ☐ Constitutional concerns (due process, equal protection)
• ☐ Preemption or conflict with federal law

Sources and References

• Connecticut UAPA: Conn. Gen. Stat. § 4-166 et seq. (https://www.cga.ct.gov/current/pub/Title_4.htm)
• Connecticut eRegulations System: https://eregulations.ct.gov/
• Conn. Gen. Stat. § 4-168 (Justia): https://law.justia.com/codes/connecticut/title-4/chapter-54/section-4-168/
• Connecticut Law Journal (Office of Legislative Research): https://www.cga.ct.gov/
• Legislative Regulation Review Committee (LRRC): https://www.cga.ct.gov/lrrc/
• Connecticut DEEP Regulatory Process Overview: https://portal.ct.gov/DEEP/Laws/The-Regulatory-Process