APA Comment Letter (General)

APA Comment Letter (General) — Hawaii

Hawaii Rulemaking Process: Overview

Under the Hawaii Administrative Procedure Act (Hawaii Revised Statutes Chapter 91), state agencies must follow a notice-and-comment process before adopting, amending, or repealing administrative rules.

Key Statutory Authority:

• HRS § 91-3: Requires agencies to give public notice and hold a public hearing before adopting rules; specifies that the notice of hearing shall be published at least 30 days before the hearing
• HRS § 91-2: Requires agencies to make rules available for public inspection
• HRS § 91-3(b): Requires that all proposed rules be posted on the internet through the Office of the Lieutenant Governor

Where Proposed Rules Are Published:

• Hawaii Administrative Rules — accessible through the Lt. Governor's website (ltgov.hawaii.gov) and agency websites
• Office of Environmental Quality Control (OEQC) bulletin for environmental rules (The Environmental Notice)
• Individual agency websites and offices

Comment Period: Minimum 30 days' advance notice is required before a public hearing. Comments are typically accepted in writing and at the public hearing itself.

Submission Methods:

• Written comments submitted to the agency contact listed in the rulemaking notice
• Oral testimony at the public hearing
• Electronic submission via agency email where available
• U.S. Mail to the agency's official address

Why Comments Matter:
The agency must consider all written and oral testimony received during the comment period before finalizing rules. Significant, well-supported comments become part of the official administrative record. The agency must respond to substantive comments. If you believe a rule exceeds the agency's statutory authority, presents constitutional problems, or would cause undue economic harm, the comment record is where that argument is preserved for potential judicial review under HRS § 91-14.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Branch, if applicable]
[Street Address]
[City, State, ZIP]

Re: Written Comments on Proposed [Amendment to / Adoption of / Repeal of] Hawaii Administrative Rules
Rule Number/Docket: [________________________________]
Rule Title: [________________________________]
Public Hearing Date (if scheduled): [__/__/____]

I. IDENTIFICATION OF COMMENTER

Name of Commenter/Organization:
[________________________________]

Contact Name (if organization):
[________________________________]

Title:
[________________________________]

Mailing Address:
[________________________________]
[________________________________]

City, State, ZIP:
[________________________________]

Email Address:
[________________________________]

Telephone:
[________________________________]

Nature of Commenter's Interest:
(Check all that apply)

☐ Individual resident of Hawaii
☐ Business operating in Hawaii
☐ Industry association or trade group
☐ Nonprofit organization
☐ Local government entity
☐ Environmental or public interest organization
☐ Healthcare provider or organization
☐ Attorney submitting on behalf of a client (client name: [________________________________])
☐ Other: [________________________________]

Brief Description of Commenter's Interest and Standing:
[Describe why you or your organization is affected by or interested in this rulemaking. Include geographic scope, number of members affected, years in operation in Hawaii, or other relevant facts.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

Hawaii Administrative Rules Title and Chapter:
HAR Title [____], Chapter [____], Section(s) [________________________________]

IDAPA/HAR Citation for Proposed Rule:
[________________________________]

Date Notice Published / Posted:
[__/__/____]

Comment Deadline:
[__/__/____]

Public Hearing Date and Location (if applicable):
Date: [__/__/____]
Time: [________________________________]
Location: [________________________________]

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these comments on the above-referenced proposed rulemaking action published by [________________________________] ("Agency") pursuant to Hawaii Revised Statutes § 91-3.

[Provide 2–3 sentences describing who you are, what you do, and why this proposed rule directly affects you. For example: "Commenter is a [type of business/organization] that has operated in Hawaii since [year]. We employ [number] people across [counties]. The proposed rule directly regulates [describe activity]."]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

We appreciate the Agency's efforts to [describe the regulatory goal the agency is pursuing]. However, we have significant concerns about [briefly identify the primary areas of concern], as detailed below. We respectfully request that the Agency revise the proposed rule as set forth in these comments before final adoption.

IV. EXECUTIVE SUMMARY OF POSITIONS

The following summarizes Commenter's principal positions on this rulemaking:

1. [Summary of Position #1 — e.g., "Section [X] should be revised to clarify the definition of '[term]' to avoid confusion among regulated entities."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The Agency lacks statutory authority under HRS § [X] to require [specific requirement]; the rule exceeds the Agency's delegated power."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The compliance timeline in Section [X] is inadequate for small businesses; a minimum of [X months] is necessary."]
   [________________________________]

4. [Summary of Position #4 — if applicable]
   [________________________________]

5. [Summary of Position #5 — if applicable]
   [________________________________]

V. DETAILED COMMENTS BY RULE SECTION

Comment No. 1

Rule Section: HAR § [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Inadequate cost-benefit analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Conflicts with existing state or federal law
☐ Procedural deficiency in rulemaking process
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the rule as proposed]

Description of Concern:
[Describe the specific problem with this provision. Be precise — cite to the specific language, explain the harm or legal deficiency, and address why the Agency's apparent rationale does not justify the provision as written.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:
We recommend that Section [____] be revised to read as follows:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Legal authority: [________________________________]
• Data or studies: [________________________________]
• Operational impact: [________________________________]
• Hawaii-specific considerations: [________________________________]

Comment No. 2

Rule Section: HAR § [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Inadequate cost-benefit analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Conflicts with existing state or federal law
☐ Procedural deficiency in rulemaking process
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the rule as proposed]

Description of Concern:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Legal authority: [________________________________]
• Data or studies: [________________________________]
• Operational impact: [________________________________]

Comment No. 3

Rule Section: HAR § [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Inadequate cost-benefit analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Other: [________________________________]

Description of Concern:
[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:
[________________________________]
[________________________________]

[Add additional Comment sections as needed for each rule section you are addressing.]

VI. SMALL BUSINESS IMPACT (IF APPLICABLE)

Under HRS § 201M-2, Hawaii's small business regulatory flexibility provisions apply to rulemaking that significantly affects small businesses.

Does this rule significantly affect small businesses? ☐ Yes ☐ No ☐ Uncertain

If yes, please describe:

Number of small businesses affected in Hawaii:
[________________________________]

Estimated annual compliance cost per small business:
$[________________________________]

Alternative approaches the Agency should consider to reduce small business burden:
[________________________________]
[________________________________]
[________________________________]

VII. ENVIRONMENTAL REVIEW (IF APPLICABLE)

For rules with environmental implications, note whether the Agency has complied with Hawaii's environmental review requirements, including Chapter 343, HRS (Environmental Impact Statements), and whether OEQC publication was required and accomplished.

☐ Environmental review appears adequate
☐ Environmental review is deficient for the following reasons: [________________________________]
☐ An Environmental Impact Statement (EIS) or Environmental Assessment (EA) should be required before this rule is finalized
☐ Not applicable to this rulemaking

VIII. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that a public hearing be held on this proposed rulemaking (if no hearing is scheduled or additional hearing is needed), pursuant to HRS § 91-3.

Basis for request: [________________________________]
[________________________________]

☐ Commenter plans to attend and testify at the scheduled public hearing on [__/__/____].

☐ Commenter requests that the Agency accept testimony by written submission in lieu of personal appearance at the public hearing.

IX. REQUEST FOR AGENCY RESPONSE

Pursuant to HRS § 91-3 and the requirements of reasoned agency decision-making, Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment submitted during this comment period;
2. Identify, in the final rule preamble or accompanying statement, how Commenter's comments were considered and what changes (if any) were made in response;
3. Notify Commenter at the address above when the final rule is published or when the rulemaking proceeding is terminated; and
4. If the Agency declines to adopt Commenter's recommended changes, provide a reasoned explanation for that decision as part of the administrative record.

X. EXHIBITS AND ATTACHMENTS

The following exhibits are attached in support of these comments:

☐ No exhibits are attached at this time. Commenter reserves the right to supplement the record.

XI. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the comment deadline of [__/__/____] as published in the rulemaking notice for HAR Title [____], Chapter [____].

Method of Submission:
☐ Hand delivery to Agency offices
☐ U.S. Mail (postmarked on or before deadline)
☐ Electronic mail to: [________________________________]
☐ Online submission portal
☐ Facsimile to: [________________________________]

XII. CONCLUSION

For the reasons stated above, [Commenter Name] respectfully urges the [Agency Name] to:

1. [Specific request relating to Comment No. 1]
2. [Specific request relating to Comment No. 2]
3. [Specific request relating to Comment No. 3]

We appreciate the Agency's consideration of these comments and are available to provide additional information, technical assistance, or testimony at a public hearing. Please direct questions or correspondence to:

[________________________________] (Contact Name)
[________________________________] (Title)
[________________________________] (Organization)
[________________________________] (Address)
[________________________________] (Email)
[________________________________] (Phone)

Respectfully submitted,

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Comment Preparation Checklist

Before the Comment Period Closes

☐ Obtain and read the full text of the proposed rule from the Lt. Governor's website or the agency website
☐ Obtain the agency's Statement of the Basis and Purpose for the proposed rule
☐ Review any accompanying fiscal/economic impact statement or small business impact analysis
☐ Check the OEQC Environmental Notice (for rules with environmental implications)
☐ Identify each specific rule section that raises concern
☐ Research statutory authority: does the agency have power to adopt this rule under its enabling statute?
☐ Research whether the proposed rule conflicts with other Hawaii statutes or federal law
☐ Gather supporting data, studies, or operational evidence
☐ Draft alternative regulatory language for each section you oppose
☐ Identify whether the small business regulatory flexibility statute (HRS § 201M-2) applies
☐ Confirm the public hearing date, time, and location
☐ Confirm the written comment deadline and submission address/email
☐ Prepare and organize exhibits and attachments
☐ Submit comments before the deadline and retain proof of submission
☐ Retain a copy of all submitted comments and exhibits for your records

Common Issues to Raise in Comments

☐ Agency exceeded statutory authority delegated by the Hawaii Legislature
☐ Rule conflicts with another Hawaii statute or administrative rule
☐ Rule conflicts with applicable federal law or regulation
☐ Inadequate notice published — notice did not comply with HRS § 91-3 requirements
☐ Insufficient cost-benefit or economic analysis
☐ Small business impact not adequately considered (HRS § 201M-2)
☐ Environmental review required but not conducted (HRS Chapter 343)
☐ Alternative regulatory approaches were not adequately considered
☐ Compliance timeline is unreasonably short
☐ Key terms are ambiguous or undefined
☐ Rule would have retroactive effect without statutory authorization
☐ Constitutional concerns (due process, equal protection, takings)
☐ Rule applies inconsistently across the State's counties/islands

Hawaii-Specific Statutory and Regulatory References

Key Resources:

• Lt. Governor's Hawaii Administrative Rules website: ltgov.hawaii.gov
• Office of Environmental Quality Control: health.hawaii.gov/oeqc
• Hawaii State Legislature: capitol.hawaii.gov

This template is for informational and drafting purposes only. It does not constitute legal advice. Consult a Hawaii-licensed attorney before submitting formal comments on proposed rulemaking.