APA Comment Letter (General)

APA Comment Letter (General) — Delaware

About This Template

This template is used to submit formal written comments to a Delaware state administrative agency during a notice-and-comment rulemaking proceeding. Under the Delaware Administrative Procedures Act (APA), Del. Code tit. 29 § 10101 et seq., agencies must publish proposed regulations in the Delaware Register of Regulations (published monthly by the Division of Research, Delaware General Assembly), provide a minimum 30-day public comment period, and consider all comments before adopting final regulations. Adopted regulations are published in the Delaware Administrative Code. This letter allows individuals, businesses, and organizations to shape Delaware state regulations before they take effect.

Delaware Rulemaking Process — Overview

Governing Law: Delaware Administrative Procedures Act, Del. Code tit. 29 §§ 10101–10199

Where Proposed Regulations Are Published:

• Delaware Register of Regulations: official monthly publication of proposed and final regulations
• Website: https://regulations.delaware.gov/
• Delaware Administrative Code: https://regulations.delaware.gov/AdminCode/
• Individual agency websites
• Delaware.gov agency pages

How to Find Open Comment Periods:

• Monitor the Delaware Register of Regulations for current proposed regulations
• Search: https://regulations.delaware.gov/
• Contact the agency regulatory contact listed in the notice
• Sign up for agency notification lists

Comment Submission Methods:

• Written comments by mail to the agency contact identified in the Register notice
• Written comments by email to the agency regulatory contact (address in notice)
• Oral testimony at any public hearing scheduled by the agency
• Online submission through the Delaware Regulations system (where available)

Minimum Comment Period: 30 days from publication in the Delaware Register of Regulations (Del. Code tit. 29 § 10116)

After the Comment Period: The agency must consider all timely submitted comments. The agency may then: (1) adopt the regulation as proposed; (2) adopt the regulation with changes; or (3) withdraw the proposed regulation. Final regulations are published in the next available issue of the Register and become effective on the date published or a later date specified by the agency.

Regulatory Flexibility Act: Delaware has provisions for small business regulatory review. Agencies are encouraged to minimize unnecessary regulatory burdens on small businesses.

Judicial Review: Any person who has been adversely affected by a final regulation may seek judicial review in the Court of Chancery or Superior Court pursuant to Del. Code tit. 29 § 10142.

Why Your Comment Matters

Under Delaware's APA, agencies must consider all timely submitted written and oral comments before adopting a final regulation (Del. Code tit. 29 § 10117). A well-substantiated comment that identifies a specific legal deficiency — such as lack of statutory authority, failure to analyze costs adequately, or ambiguous terminology — creates a record that can support judicial review if the agency fails to address the concern. Delaware courts review agency regulations for whether they exceed the statutory authority delegated by the General Assembly. Substantive comments citing Delaware statutes, regulatory precedent, and economic data are most effective.

Comment Letter Template

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

[__/__/____]

[Agency Name]
[________________________________]
[Agency Address, Line 1]
[________________________________]
[City, Delaware ZIP]
[Attention: [________________________________], Regulatory Contact / Agency Head]

Re: Written Comments on Proposed Regulation — [Regulation Title]
Delaware Administrative Code Citation: [________________________________]
Delaware Register of Regulations: Vol. [____], Issue [____] ([Month Year])
Publication Date: [__/__/____]
Comment Deadline: [__/__/____] (30 days from publication)

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Del. Code tit. 29 § 10116 on the above-referenced proposed regulation published by [Agency Name] ("Agency") in the Delaware Register of Regulations, Vol. [____], Issue [____] ([Month Year]).

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Delaware corporation / nonprofit / trade association / individual Delaware resident or business] with a direct interest in this proposed regulation. [Describe how the submitter is affected: e.g., "Our members operate [____] Delaware businesses in [sector] that will be subject to these proposed regulations" / "We are licensed by the Agency under [program] and the proposed regulations would significantly alter our compliance obligations."]. [Describe relevant expertise.]

Contact for Correspondence:
[________________________________]
[Title]
[Organization]
[Address]
[City, Delaware 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 exceeds its statutory authority under Del. Code tit. [____] § [____] in imposing [describe requirement]."]
2. [Position 2 — e.g., "The proposed regulation's compliance timeline is unreasonably short; we request an extension to [____] days."]
3. [Position 3 — e.g., "Section [____] of the proposed regulation contains undefined terms that will create compliance uncertainty."]
4. [Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Regulation

[Agency Name] has proposed [describe: e.g., "adoption / amendment of [Delaware Administrative Code citation], governing [subject matter]."]. The proposed regulation would [summarize key requirements and changes].

B. Agency's Stated Purpose

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

C. Statutory Authority

The Agency's rulemaking authority derives from Del. Code tit. [____] § [____], which grants authority to [describe scope]. [Discuss whether the proposed regulation is within or arguably exceeds that authority.]

D. Prior Regulatory History

[Describe any relevant prior regulations, legislative history, or court decisions affecting this subject area.]

IV. Detailed Comments by Regulation Section

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

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

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite Del. Code sections, existing regulatory provisions, Delaware 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.

Under Delaware law, an agency's regulations must be within the scope of the authority delegated by the General Assembly in the enabling statute. The Agency's authority under Del. Code tit. [____] § [____] is limited to [describe scope]. The proposed provision at [Delaware Administrative Code section] would [describe what it does and why it exceeds authority]. Delaware courts will set aside agency regulations that exceed statutory authority. See, e.g., [cite relevant Delaware Superior Court or Supreme Court case if available]. We request the Agency revise or withdraw this provision.

VI. Economic and Fiscal Impact Analysis

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

We request the Agency prepare a comprehensive economic analysis and allow public comment on it before adopting the final regulation.

VII. Small Business Impact

The proposed regulation will disproportionately burden small Delaware businesses because [describe impact]. We request the Agency consider the following alternatives that would achieve the same regulatory objective with less burden on small businesses:

• [Alternative 1, e.g., "Phased compliance timeline allowing small businesses [____] additional months"]
• [Alternative 2, e.g., "Tiered requirements based on business size or annual revenue"]
• [Alternative 3, e.g., "Safe harbor provision for businesses that make a good-faith compliance effort"]
• [Alternative 4, e.g., "Simplified reporting requirements for businesses with fewer than [____] employees"]

VIII. Request for Public Hearing

☐ Check if requesting a hearing: We request that the Agency schedule a public hearing on this proposed regulation. A public hearing is warranted because [describe: technical complexity / significant public interest / volume of issues / multiple affected stakeholder groups].

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

IX. Request for Agency Response to Comments

We respectfully request that the Agency provide a written response to each substantive comment in this proceeding, either through a comment-response document or in the preamble to the final regulation. The agency's response to significant comments is part of the rulemaking record and will be relevant to any judicial review proceeding under Del. Code tit. 29 § 10142.

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis, [Firm/Expert], [__/__/____]"]
• Exhibit B: [Description, e.g., "Delaware 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 Delaware Register of Regulations publication date of [__/__/____] (Vol. [____], Issue [____]). These comments are submitted by [delivery method] to the agency regulatory 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 a comprehensive economic analysis and allow additional public comment."]
3. [Requested action — e.g., "Withdraw or revise the provisions identified as exceeding statutory authority."]
4. [Requested action — e.g., "Schedule a public hearing."]
5. [Requested action — e.g., "Extend the proposed compliance timeline from [____] days to [____] days."]

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, Delaware ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]
[Date: [__/__/____]]

Checklist — Comment Preparation and Submission (Delaware)

Finding the Proposed Regulation:

• ☐ Located proposed regulation in Delaware Register of Regulations: https://regulations.delaware.gov/
• ☐ Obtained full text of proposed regulation (Delaware Administrative Code citation)
• ☐ Confirmed 30-day comment deadline and agency regulatory contact
• ☐ Noted Delaware Register volume, issue number, and publication date

Reviewing the Regulation:

• ☐ Read the complete proposed regulation text
• ☐ Reviewed agency's stated purpose and legal authority in notice
• ☐ Reviewed any economic or fiscal analysis provided by the agency
• ☐ Identified each specific section of concern
• ☐ Reviewed enabling statute (Del. Code tit. [____] § [____]) for scope of authority
• ☐ Researched Delaware Supreme Court and Superior 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 for each issue
• ☐ Cited Del. Code sections and case law for each position
• ☐ Provided economic impact data with specific figures
• ☐ Addressed small business impact
• ☐ Requested public hearing if desired
• ☐ Requested written response to comments
• ☐ Attached and indexed all supporting exhibits

Submission:

• ☐ Submitted to correct agency regulatory contact before 30-day deadline
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt (email confirmation / certified mail receipt)
• ☐ Monitored Delaware Register for final regulation publication
• ☐ Calendared effective date of final regulation

Common Issues Raised in Delaware Agency Comments

Statutory Authority:

• ☐ Regulation exceeds authority granted by enabling statute
• ☐ Regulation conflicts with another Del. Code provision
• ☐ Regulation conflicts with federal law

Procedural Defects:

• ☐ Notice not published in Delaware Register of Regulations
• ☐ Comment period shorter than 30-day minimum (Del. Code tit. 29 § 10116)
• ☐ Notice did not include required information (statutory authority, substance of proposed rule, etc.)
• ☐ Final regulation substantially different from proposed — may require re-notice

Substantive Concerns:

• ☐ Cost-benefit or economic impact analysis absent or inadequate
• ☐ Small business impact not analyzed or understated
• ☐ Compliance timeline unreasonably short
• ☐ Undefined or ambiguous terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with existing Delaware Administrative Code provisions
• ☐ Constitutional concerns (due process, equal protection)
• ☐ Preemption or conflict with federal regulations
• ☐ Adverse impact on Delaware's business climate or competitiveness

Sources and References

• Delaware APA: Del. Code tit. 29 §§ 10101–10199 (https://delcode.delaware.gov/title29/c101/)
• Delaware Register of Regulations: https://regulations.delaware.gov/
• Delaware Administrative Code: https://regulations.delaware.gov/AdminCode/
• Division of Research, Delaware General Assembly (publishes Register): https://legis.delaware.gov/
• Delaware.gov Agency Directory: https://www.delaware.gov/agencies/