APA Comment Letter (General)

APA Comment Letter (General) — Georgia

About This Template

This template is used to submit formal written comments to a Georgia state administrative agency during a covered rulemaking. O.C.G.A. § 50-13-4 generally requires at least 30 days' notice before intended action, a reasonable opportunity to submit data, views, or arguments orally or in writing, and full consideration of submissions. Use the actual notice for the submission deadline and method.

Georgia Rulemaking Process — Overview

Governing Law: Georgia Administrative Procedure Act (APA), O.C.G.A. §§ 50-13-1 to 50-13-44

Where Proposed Rules Are Published:

• Rules and Regulations of the State of Georgia (Secretary of State): https://rules.sos.state.ga.us/
• Georgia Secretary of State — Administrative Procedure Division: https://sos.ga.gov/
• Individual agency websites
• Notice may also be published in the Georgia Government Register

How to Find Open Comment Periods:

• Monitor the Secretary of State's rules website: https://rules.sos.state.ga.us/
• Contact the Administrative Procedure Division: [email protected] or (470) 312-2725
• Sign up for agency notification lists
• Monitor individual agency websites for rulemaking notices

Comment Submission Methods:

• Written comments submitted to the agency's designated rulemaking contact (identified in the notice)
• Oral comments at any public hearing scheduled or requested
• Mail, email, or hand delivery to agency (check notice for accepted methods)

Ordinary Notice Lead: At least 30 days before the Agency's intended action; use the notice's stated comment deadline (O.C.G.A. § 50-13-4(a)(1))

After the Comment Period: The agency considers all timely submitted written comments and oral testimony. The agency may then adopt the final rule and file it with the Secretary of State. The adopted rule is published in the Rules and Regulations of the State of Georgia and becomes effective upon filing or at the later date specified in the rule.

Separate Proceedings: Do not convert this comment into a rule petition or court challenge unless current, independently verified authority and the agency's own procedure support that route.

Why Your Comment Matters

Georgia's APA requires agencies to consider all timely submitted written comments before adopting final rules (O.C.G.A. § 50-13-4). A detailed comment that identifies specific legal deficiencies — such as lack of statutory authority, arbitrary regulatory choices, or inadequate consideration of less burdensome alternatives — creates a record that supports judicial review. Georgia courts will set aside rules that exceed an agency's authority or are arbitrary and capricious. A substantive, well-documented comment citing O.C.G.A. sections, economic data, and proposed alternative language gives the agency the information it needs to improve the rule and gives courts a clear record if the agency fails to do so.

Comment Letter Template

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

[__/__/____]

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

Re: Written Comments on Proposed Rule — [Rule Title]
Georgia Rule Citation: Ga. Comp. R. & Regs. r. [________________________________]
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 O.C.G.A. § 50-13-4 on the above-referenced proposed rule published by [Agency Name] ("Agency").

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Georgia corporation / statewide trade association / nonprofit / individual Georgia resident or business owner] with a direct interest in this proposed rulemaking. [Describe how the submitter is affected: e.g., "Our organization represents [____] Georgia businesses in the [sector] industry that will be subject to the proposed rules" / "We operate [describe] licensed by the Agency under [program] and the proposed rules would significantly change our compliance obligations."]. [Describe relevant expertise and why the submitter is well-positioned to comment.]

Contact for Correspondence:
[________________________________]
[Title]
[Organization]
[Address]
[City, Georgia 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 O.C.G.A. § [____] in imposing [describe requirement]."]
2. [Position 2 — e.g., "The proposed economic impact analysis does not accurately reflect the cost burden on Georgia businesses."]
3. [Position 3 — e.g., "Section [____] of the proposed rule uses undefined terms that will create compliance uncertainty and litigation."]
4. [Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe: e.g., "adoption / amendment of Ga. Comp. R. & Regs. r. [____]-[____]-[____], governing [subject matter]."]. The proposed rule would [summarize key requirements and changes].

B. Agency's Stated Purpose and Justification

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

C. Statutory Authority

The Agency's rulemaking authority derives from O.C.G.A. § [____], which grants authority to [describe scope of authority]. [Discuss whether the proposed rule is within or arguably exceeds that authority, considering that Georgia courts strictly construe delegations of legislative power to administrative agencies.]

D. Prior Regulatory History

[Describe any relevant prior rules, agency guidance, legislative history, or Georgia court decisions affecting this subject area.]

IV. Detailed Comments by Rule Section

(Instructions: Number each comment. Identify the specific Ga. Comp. R. & Regs. rule section. Quote proposed text. Provide proposed alternative language and supporting rationale.)

Comment No. 1 — [Proposed Rule Section: Ga. Comp. R. & Regs. r. [____]-[____]-[____]]

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

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite O.C.G.A. sections, existing Ga. Comp. R. & Regs. provisions, Georgia court decisions, or economic data.]

Recommended Alternative Language: We request that the Agency revise Ga. Comp. R. & Regs. r. [____]-[____]-[____] to read:

"[________________________________]"

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

Comment No. 2 — [Proposed Rule Section: Ga. Comp. R. & Regs. r. [____]-[____]-[____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: Ga. Comp. R. & Regs. 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 authority stated in the Agency's notice and enabling statute.

Georgia law requires administrative rules to be within the scope of authority delegated by the General Assembly. Georgia courts have held that administrative agencies possess only those powers expressly granted by statute or necessarily implied from those grants. The Agency's enabling statute, O.C.G.A. § [____], grants authority to [describe scope]. The proposed provision at Ga. Comp. R. & Regs. r. [____]-[____]-[____] would [describe what it does and why it exceeds authority]. We respectfully urge the Agency to revise or withdraw this provision.

VI. Economic and Fiscal Impact Analysis

The proposed rule will have the following economic impacts that the Agency has not adequately analyzed:

We request the Agency evaluate the submitted cost evidence and choose a less expensive alternative that fully accomplishes the enabling statute's objective, as required by O.C.G.A. § 50-13-4(a)(5).

VII. Small Business and Rural Georgia Impact

The proposed rule will have a disproportionate impact on small Georgia businesses and rural communities because [describe impact]. We request the Agency consider the following less burdensome alternatives:

• [Alternative 1, e.g., "Phased implementation allowing small businesses [____] additional months"]
• [Alternative 2, e.g., "Tiered requirements based on business size or revenue"]
• [Alternative 3, e.g., "Simplified compliance pathway for businesses with fewer than [____] employees"]
• [Alternative 4, e.g., "Technical assistance and compliance guide before effective date"]

VIII. Request for Public Hearing

☐ Check if requesting a hearing: For a substantive rule, this request is made by ☐ 25 directly affected persons ☐ a governmental subdivision ☐ an association with at least 25 members, as described in O.C.G.A. § 50-13-4(a)(2). Otherwise, this is a request for any hearing the Agency may choose to hold under separate authority.

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

IX. Additional Participation Request

If the proposal is materially revised, Commenter requests the revised text and a further reasonable opportunity to submit data, views, and arguments. O.C.G.A. § 50-13-4 does not itself prescribe an automatic supplemental period.

X. Request for Agency Response to Comments

Commenter requests the concise statement available under O.C.G.A. § 50-13-4(a)(2), stating the principal reasons for and against adoption and the reason for overruling opposing considerations. The statute does not require an individualized response to every comment.

XI. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis, [Firm/Expert], [__/__/____]"]
• Exhibit B: [Description, e.g., "Georgia 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]

XII. 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 notice publication date of [__/__/____]. These comments are submitted by [delivery method] to the Agency rulemaking contact [________________________________] at [address / email].

XIII. Conclusion

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

1. [Requested action — e.g., "Revise Ga. Comp. R. & Regs. r. [____]-[____]-[____] as proposed in Comment No. 1."]
2. [Requested action — e.g., "Prepare a comprehensive economic impact analysis before adopting the final rule."]
3. [Requested action — e.g., "Withdraw or revise the provisions identified as exceeding statutory authority."]
4. [Requested action — e.g., "Schedule a public hearing in [location]."]
5. [Requested action — e.g., "Extend the proposed compliance timeline from [____] to [____] days."]

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

Respectfully submitted,

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

Checklist — Comment Preparation and Submission (Georgia)

Finding the Proposed Rule:

• ☐ Located proposed rule notice on Georgia Secretary of State rules website: https://rules.sos.state.ga.us/
• ☐ Obtained full text of proposed rule (Ga. Comp. R. & Regs. citation)
• ☐ Confirmed 30-day comment deadline and agency rulemaking contact from notice
• ☐ Noted notice publication date and rule citation

Reviewing the Rule:

• ☐ Read the complete proposed rule text
• ☐ Reviewed agency's statement of purpose and statutory authority from notice
• ☐ Reviewed any economic or fiscal impact analysis provided
• ☐ Identified each specific Ga. Comp. R. & Regs. section of concern
• ☐ Reviewed enabling statute (O.C.G.A. § [____]) for scope of authority
• ☐ Researched Georgia Supreme Court and Court of Appeals 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 Ga. Comp. R. & Regs. section
• ☐ Included specific proposed alternative regulatory language for each issue
• ☐ Cited O.C.G.A. sections and Georgia case law for each position
• ☐ Addressed statutory authority concerns if applicable
• ☐ Included economic impact data with specific figures
• ☐ Addressed small business and rural Georgia impacts
• ☐ Included petition for rulemaking under O.C.G.A. § 50-13-7 if desired
• ☐ Requested written agency response to comments
• ☐ Attached and indexed all supporting exhibits

Submission:

• ☐ Submitted to correct agency rulemaking contact before 30-day deadline
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt
• ☐ Monitored Secretary of State website for final rule adoption
• ☐ Calendared effective date of adopted rule

Common Issues Raised in Georgia Agency Comments

Statutory Authority:

• ☐ Rule exceeds authority delegated by the General Assembly (O.C.G.A. § 50-13-9 — courts strictly construe)
• ☐ Rule conflicts with another O.C.G.A. provision
• ☐ Rule conflicts with federal law or creates preemption issue

Procedural Defects:

• ☐ Notice not provided as required by O.C.G.A. § 50-13-4
• ☐ Comment period shorter than 30 days
• ☐ Agency did not consider all timely submitted comments

Substantive Concerns:

• ☐ Economic / fiscal impact analysis absent or inadequate
• ☐ Small business impact not adequately analyzed
• ☐ Compliance timeline unreasonably short
• ☐ Undefined or ambiguous terminology
• ☐ Alternative regulatory approaches not considered
• ☐ Inconsistency with existing Ga. Comp. R. & Regs. provisions
• ☐ Constitutional concerns (due process, equal protection, Georgia Constitution)
• ☐ Preemption or conflict with federal regulations
• ☐ Disproportionate impact on rural Georgia communities or small businesses
• ☐ Rule is arbitrary or capricious — not supported by substantial evidence

Sources and References

• Georgia APA: O.C.G.A. §§ 50-13-1 to 50-13-44 (https://law.justia.com/codes/georgia/title-50/chapter-13/)
• Rules and Regulations of the State of Georgia: https://rules.sos.state.ga.us/
• Georgia Secretary of State — Administrative Procedure Division: https://sos.ga.gov/
• Administrative Procedure Division contact: [email protected] / (470) 312-2725
• Georgia Government Register: Published by the Secretary of State
• Office of State Administrative Hearings (OSAH): https://osah.ga.gov/