APA Comment Letter (General)

APA Comment Letter (General) — Idaho

Idaho Rulemaking Process: Overview

Under the Idaho Administrative Procedure Act (Idaho Code Title 67, Chapter 52), state agencies must follow a formal notice-and-comment process before adopting, amending, or repealing administrative rules. Idaho uses a distinctive rule numbering system (IDAPA) and a monthly administrative bulletin.

Key Statutory Authority:

• Idaho Code § 67-5221: Prior to adoption of a rule, an agency shall publish a Notice of Proposed Rulemaking (NPR) in the Idaho Administrative Bulletin
• Idaho Code § 67-5222: Establishes the minimum public comment period; comments must be accepted for at least 21 days after publication of the NPR in the Idaho Administrative Bulletin
• Idaho Code § 67-5224: After considering all written comments, the agency may adopt the rule as proposed or with changes
• Idaho Code § 67-5291: Provides for judicial review of final agency rules

IDAPA Rule Numbering System:
Idaho's administrative rules are identified by a unique IDAPA citation in the format:
IDAPA [Agency Number].[Title Number].[Chapter Number]
Example: IDAPA 58.01.02 = Department of Environmental Quality (58), Title 01, Chapter 02

Where Proposed Rules Are Published:

• Idaho Administrative Bulletin: Published monthly by the Office of the Administrative Rules Coordinator (Division of Financial Management); available at adminrules.idaho.gov
• Individual agency websites
• Legal notice published in local newspapers coinciding with each Bulletin issue

Comment Period: Minimum 21 days after publication in the Idaho Administrative Bulletin. The specific comment deadline and submission address appear in each Notice of Proposed Rulemaking.

Submission Methods:

• Written comments to the agency contact and address/email listed in the NPR
• Oral comments at any public hearing the agency schedules
• Email to the designated agency rulemaking contact

Legislative Review: The Idaho Legislature reviews administrative rules through its germane committees. Rules can be rejected by concurrent resolution or committee action. Temporary rules can be nullified if not approved by the Legislature during the next session.

Why Comments Matter:
Idaho agencies must consider all written comments received and may adjust the rule accordingly. Your comments become part of the permanent rulemaking record. If you believe a rule exceeds the agency's statutory authority or violates the Idaho Constitution, the comment record is the foundation for any challenge under Idaho Code § 67-5291. The Idaho Legislature's review process also creates an additional avenue — well-documented public comments can inform legislative oversight.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Office, if applicable]
[Street Address]
[Boise, Idaho XXXXX] or [City, State, ZIP]

Re: Written Comments on Notice of Proposed Rulemaking
IDAPA Citation: [________________________________]
Rule Title: [________________________________]
Idaho Administrative Bulletin Volume/Issue: [________________________________]
Comment Deadline: [__/__/____]

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)

☐ Idaho resident or individual taxpayer
☐ Business operating in Idaho
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (city, county, or political subdivision)
☐ Agricultural operator or producer
☐ Timber, mining, or natural resources industry
☐ Healthcare provider or organization
☐ Attorney submitting on behalf of a client (client name: [________________________________])
☐ Other: [________________________________]

Brief Description of Commenter's Interest:
[Describe why you or your organization is directly affected by or has substantial interest in this rulemaking. Facts about Idaho-based operations, number of employees or members, years in Idaho, and the direct regulatory impact strengthen the administrative record.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

IDAPA Citation:
IDAPA [________________________________]

Rule Title:
[________________________________]

Idaho Administrative Bulletin Citation:
Vol. [____]-[____] (Month Year), page [____]

Date Published in Idaho Administrative Bulletin:
[__/__/____]

Written Comment Deadline:
[__/__/____]

Agency Rulemaking Contact:
[________________________________]
Email: [________________________________]
Address: [________________________________]

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

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the Notice of Proposed Rulemaking published by [________________________________] ("Agency") in the Idaho Administrative Bulletin, Volume [____]-[____], pursuant to Idaho Code § 67-5221.

[Provide 2–3 sentences describing who you are and your direct interest in this rulemaking.]

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

We acknowledge the Agency's regulatory objective of [describe the regulatory purpose]. However, we have significant concerns regarding the following aspects of the proposed rule, as detailed below. We respectfully request that the Agency address these concerns before proceeding to final adoption.

IV. EXECUTIVE SUMMARY OF POSITIONS

The following is a summary of Commenter's principal positions:

1. [Summary of Position #1 — e.g., "Proposed IDAPA [X].[XX].[XX].[XXX] should be revised to narrow the definition of '[term]' to avoid regulating activities clearly outside the Agency's legislative mandate."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The Agency should extend the compliance implementation date from [date] to [date] to provide regulated parties adequate time to modify operations."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The fee schedule in IDAPA [X].[XX].[XX].[XXX] is disproportionate to the regulatory cost and lacks adequate statutory authorization."]
   [________________________________]

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

V. DETAILED COMMENTS BY RULE SECTION

Comment No. 1

IDAPA Section: IDAPA [________________________________]

Type of Concern:
☐ Exceeds statutory authority under Idaho Code § [____]
☐ Constitutional infirmity (Idaho or U.S. Constitution)
☐ Ambiguous or vague language
☐ Inadequate economic or fiscal impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses or agriculture
☐ Conflicts with other IDAPA rules or Idaho statutes
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in rulemaking process
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed IDAPA provision]

Description of Concern:
[Describe the specific problem with precision. Reference the exact IDAPA language at issue, explain the harm or legal deficiency, and address why the Agency's stated rationale does not justify the provision as written. Cite Idaho Code provisions, prior agency interpretations, or relevant court decisions where possible.]

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

Recommended Alternative Language:
We recommend that IDAPA [________________________________] be revised to read as follows:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Idaho statutory authority: [________________________________]
• Idaho case law or prior agency guidance: [________________________________]
• Data, studies, or economic analysis: [________________________________]
• Idaho-specific operational considerations: [________________________________]

Comment No. 2

IDAPA Section: IDAPA [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Inadequate economic or fiscal impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses or agriculture
☐ Conflicts with other IDAPA rules or Idaho statutes
☐ Conflicts with federal law
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed rule provision]

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

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Idaho statutory authority: [________________________________]
• Data or studies: [________________________________]
• Operational impact: [________________________________]

Comment No. 3

IDAPA Section: IDAPA [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Inadequate economic or fiscal impact analysis
☐ Unrealistic compliance timeline
☐ 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.]

VI. TEMPORARY RULES AND EMERGENCY RULES (IF APPLICABLE)

If the Agency has adopted a temporary or emergency rule pending final adoption:

☐ Commenter acknowledges the temporary rule currently in effect under IDAPA [________________________________]
☐ Commenter challenges the basis for emergency rulemaking because: [________________________________]
☐ The Legislature should decline to approve continuation of the temporary rule because: [________________________________]
☐ Not applicable — this is a standard rulemaking proceeding

VII. SMALL BUSINESS AND AGRICULTURAL IMPACT

Idaho Code § 67-5220 requires agencies to consider the impact of proposed rules on small businesses and agriculture. Please describe any disproportionate impact on small businesses or agricultural operations:

Does this rule significantly affect small businesses or agricultural operations in Idaho?
☐ Yes ☐ No ☐ Uncertain

If yes:

Number of Idaho small businesses or agricultural operations affected:
[________________________________]

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

Less burdensome alternatives the Agency should consider:
[________________________________]
[________________________________]
[________________________________]

VIII. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that the Agency hold a public hearing on this proposed rulemaking, pursuant to Idaho Code § 67-5222. Written requests for public hearings must be submitted within the comment period.

Basis for hearing request: [________________________________]
[________________________________]

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

☐ Commenter requests that the Agency schedule a public hearing in [specific Idaho city/region] to ensure access for affected parties in that area.

IX. LEGISLATIVE REVIEW NOTICE

Idaho administrative rules are subject to legislative review. Commenter intends to:

☐ Bring these concerns to the attention of the relevant legislative germane committee
☐ Request that the germane committee review this rulemaking for consistency with legislative intent
☐ No legislative action intended at this time

X. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment submitted during the comment period;
2. Identify in the final rule publication the specific changes made in response to public comments;
3. If substantive changes are made to the proposed rule, republish the modified rule in the Idaho Administrative Bulletin for an additional comment period;
4. Notify Commenter at the address above when the final rule is published; and
5. If the Agency declines to adopt Commenter's recommendations, provide a reasoned explanation sufficient for judicial review under Idaho Code § 67-5291.

XI. EXHIBITS AND ATTACHMENTS

☐ No exhibits attached at this time. Commenter reserves the right to supplement this record through the close of the comment period.

XII. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the comment deadline of [__/__/____] as published in the Idaho Administrative Bulletin for IDAPA [________________________________].

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

XIII. CONCLUSION

For the reasons stated in detail above, [Commenter Name] respectfully requests that [Agency Name]:

1. [Specific requested change #1]
2. [Specific requested change #2]
3. [Specific requested change #3]

We are available to provide additional information, operational data, or technical assistance to the Agency. Please direct inquiries to:

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

Respectfully submitted,

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Comment Preparation Checklist

Before Submitting Comments

☐ Access the Idaho Administrative Bulletin at adminrules.idaho.gov to obtain the current Bulletin with the Notice of Proposed Rulemaking
☐ Identify the full IDAPA citation for the proposed rule
☐ Confirm the 21-day comment deadline from date of Bulletin publication
☐ Obtain and read the full proposed rule text
☐ Read the agency's statement of purpose and fiscal impact in the NPR
☐ Review the agency's enabling Idaho Code statute for scope of delegated authority
☐ Identify each specific IDAPA provision of concern
☐ Research Idaho statutory and case law relevant to the issues
☐ Gather supporting data, cost estimates, or operational facts
☐ Draft alternative regulatory language for each challenged provision
☐ Assess impact on small business or agriculture (Idaho Code § 67-5220)
☐ Determine whether to request a public hearing within the comment period
☐ Consider whether to notify the relevant legislative germane committee
☐ Confirm the Agency's preferred submission method (email/mail) from the NPR
☐ Submit before the deadline and retain proof of submission
☐ Retain copies of all submitted comments and exhibits

Common Issues to Raise in Comments

☐ Agency exceeded statutory authority granted by the Idaho Legislature
☐ Rule conflicts with another IDAPA rule or Idaho statute
☐ Rule conflicts with applicable federal law
☐ Notice of Proposed Rulemaking was deficient (Idaho Code § 67-5221)
☐ Inadequate fiscal or economic impact analysis
☐ Small business and agricultural impact not adequately addressed (Idaho Code § 67-5220)
☐ Alternative regulatory approaches not considered
☐ Compliance deadline is unreasonably short for Idaho businesses
☐ Key terms are undefined, ambiguous, or overbroad
☐ Emergency/temporary rule designation is not justified
☐ Constitutional concerns — Idaho Constitution or U.S. Constitution
☐ Rule imposes retroactive obligations without express statutory authority
☐ Rule is inconsistent with legislative intent (basis for legislative review)

Idaho-Specific Statutory and Regulatory References

Key Resources:

• Office of the Administrative Rules Coordinator: adminrules.idaho.gov
• Idaho Administrative Bulletin (monthly): adminrules.idaho.gov/bulletin
• Idaho Administrative Code (IDAPA): adminrules.idaho.gov/code_menu.html
• Idaho Legislature (germane committee review): legislature.idaho.gov

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