APA Comment Letter (General)

APA Comment Letter (General) — Kansas

Kansas Rulemaking Process: Overview

Under the Kansas Administrative Procedure Act (K.S.A. Chapter 77, Article 4), Kansas state agencies must follow a formal notice-and-comment process before adopting, amending, or repealing permanent regulations. Kansas has one of the longer mandatory public comment periods among the states — 60 days — and requires multiple levels of executive branch approval before publication.

Key Statutory Authority:

• K.S.A. § 77-421: Requires agencies to publish a notice of proposed rulemaking in the Kansas Register; the notice initiates a mandatory 60-day public comment period; the notice must expressly state that the 60-day period constitutes the public comment period and the address where written comments may be submitted
• K.S.A. § 77-420a: Requires pre-publication approvals before publication in the Kansas Register
• K.S.A. § 77-426: Governs the filing of final rules with the Secretary of State; sets effective date requirements
• K.S.A. § 77-436: Provides for judicial review of agency rules

Pre-Publication Approval Requirements (before Kansas Register publication):
Before publishing a proposed rule in the Kansas Register, Kansas agencies must obtain approval from:

1. The Secretary of Administration (administrative review)
2. The Attorney General (legal review for statutory authority and constitutionality)
3. The Director of the Budget (fiscal impact review)

Kansas Rulemaking Timeline:

1. Internal Drafting and Pre-Publication Review: Agency drafts rule; obtains approvals from Secretary of Administration, Attorney General, and Budget Director
2. Publication in Kansas Register: Notice published with 60-day public comment period
3. Comment Period: Public submits written comments for 60 days
4. Joint Committee on Administrative Rules and Regulations: Legislative committee receives notice and may comment or recommend legislative action
5. Final Adoption: Agency considers comments; files final rule with Secretary of State
6. Effective Date: Rule takes effect as specified (typically after filing with Secretary of State)

Where Proposed Rules Are Published:

• Kansas Register: Official weekly state publication; published by the Secretary of State; available at sos.ks.gov
• Individual agency websites
• Secretary of State's office

Comment Period: A mandatory 60-day public comment period runs from the date of publication in the Kansas Register.

Submission Methods:

• Written comments to the agency contact and address specified in the Kansas Register notice
• The notice must include the address where written comments may be submitted
• Oral comments at any public hearing the agency schedules during the 60-day period

Joint Committee on Administrative Rules and Regulations (JCAR): Kansas JCAR, a bipartisan legislative committee, receives notice of all proposed rules. JCAR may comment on proposed rules and can recommend that the Legislature act to rescind rules after adoption.

Why Comments Matter:
Kansas's 60-day comment period is among the longest in the country, giving regulated parties meaningful time to conduct studies, consult experts, and submit substantive comments. Agencies must consider all written comments received before final adoption. If a final rule differs materially from the proposed rule and is not a "logical outgrowth," the agency must initiate new rulemaking proceedings. Well-documented comments build the record for judicial review under K.S.A. § 77-436 and for JCAR oversight.

Comment Letter Template

[DATE: __/__/____]

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

Re: Written Comments on Proposed Rulemaking
Kansas Register Citation: [________________________________] (Vol. [____], No. [____], dated [__/__/____])
Kansas Administrative Regulations Citation: K.A.R. [________________________________]
Rule Title: [________________________________]
60-Day 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)

☐ Kansas resident or individual taxpayer
☐ Business operating in Kansas
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (city, county, or political subdivision)
☐ Agricultural operator or farm organization
☐ Healthcare provider or organization
☐ Educational institution
☐ 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. Kansas-specific facts — location, number of Kansas employees or members, years of Kansas operation, and nature of regulated activity — strengthen the administrative record.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

Kansas Administrative Regulations Citation:
K.A.R. [________________________________]

Kansas Register Citation:
Vol. [____], No. [____], Kan. Reg. [____] (dated [__/__/____])

Date Published in Kansas Register:
[__/__/____]

60-Day Comment Period Deadline:
[__/__/____]

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

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

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the proposed rulemaking published by [________________________________] ("Agency") in the Kansas Register, Vol. [____], No. [____], pursuant to K.S.A. § 77-421.

[Describe your organization's interest in 2–3 sentences. Note the number of Kansas members or employees affected, the regulated activity, and the specific impact of this rule on your operations or constituency.]

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

We recognize the Agency's regulatory goal of [describe the stated purpose of the rulemaking]. However, we have identified the following significant concerns that must be addressed before final adoption. We respectfully request that the Agency incorporate the changes described below.

IV. EXECUTIVE SUMMARY OF POSITIONS

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

1. [Summary of Position #1 — e.g., "K.A.R. [X]-[XX]-[X] is not a logical outgrowth of the Agency's enabling authority under K.S.A. § [X] and should be revised or withdrawn."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The pre-publication review by the Attorney General did not address [specific legal concern]; the Agency should request supplemental review."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The compliance timeline in K.A.R. [X]-[XX]-[X] is unreasonable for Kansas agricultural operations; 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

Kansas Administrative Regulations Section: K.A.R. [________________________________]

Type of Concern:
☐ Exceeds statutory authority under K.S.A. § [____]
☐ Constitutional infirmity (Kansas or U.S. Constitution)
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses or agriculture
☐ Proposed final rule would not be a "logical outgrowth" of proposed rule (requiring new rulemaking)
☐ Conflicts with another Kansas statute or administrative regulation
☐ Conflicts with federal law or regulation
☐ Pre-publication approval process was deficient
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed Kansas Administrative Regulation]

Description of Concern:
[Describe the specific problem with precision. Reference the exact language at issue, explain the harm or legal deficiency, and address why the Agency's stated rationale does not justify the provision. Note whether the Director of Budget's fiscal analysis or the Attorney General's review addressed this concern.]

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

Recommended Alternative Language:
We recommend that K.A.R. [________________________________] be revised to read as follows:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Kansas statutory authority: [________________________________]
• Kansas case law or prior agency guidance: [________________________________]
• Fiscal or economic data: [________________________________]
• Kansas-specific operational considerations: [________________________________]

Comment No. 2

Kansas Administrative Regulations Section: K.A.R. [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Constitutional infirmity
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses or agriculture
☐ Proposed final rule would not be a logical outgrowth
☐ Conflicts with Kansas statutes or regulations
☐ Conflicts with federal law
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed regulation]

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

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Kansas statutory authority: [________________________________]
• Fiscal or economic data: [________________________________]
• Operational impact on Kansas entities: [________________________________]

Comment No. 3

Kansas Administrative Regulations Section: K.A.R. [________________________________]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Inadequate fiscal impact analysis
☐ Unrealistic compliance timeline
☐ Disproportionate impact on small businesses or agriculture
☐ Other: [________________________________]

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

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:
[________________________________]
[________________________________]

[Add additional Comment sections as needed.]

VI. PRE-PUBLICATION APPROVAL DEFICIENCIES (IF APPLICABLE)

Under K.S.A. § 77-420a, agencies must obtain approval from the Secretary of Administration, Attorney General, and Director of the Budget before publishing a proposed rule. Commenter raises the following concerns regarding the pre-publication approval process:

☐ The Attorney General's review does not appear to address [specific legal concern: ________________________________]
☐ The Director of the Budget's fiscal analysis appears incomplete or inaccurate because: [________________________________]
☐ The Secretary of Administration's review should have identified [specific administrative concern: ________________________________]
☐ Commenter has no concerns about the pre-publication approvals at this time

VII. AGRICULTURAL AND SMALL BUSINESS IMPACT

Kansas's agricultural and rural economy is significantly affected by state administrative rules. Commenter identifies the following impacts:

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

If yes:

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

Geographic areas of Kansas most affected:
☐ Western Kansas (High Plains)
☐ Central Kansas
☐ Eastern Kansas
☐ Statewide
☐ Other: [________________________________]

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

VIII. JOINT COMMITTEE ON ADMINISTRATIVE RULES AND REGULATIONS (JCAR) ENGAGEMENT

The Kansas Legislature's Joint Committee on Administrative Rules and Regulations (JCAR) receives notice of all proposed rules and may comment on them or recommend legislative action. Commenter intends to:

☐ Submit a copy of these comments to JCAR for its information
☐ Request that JCAR review this rulemaking and consider recommending legislative action
☐ Testify before JCAR regarding this rulemaking
☐ No direct JCAR engagement planned at this time

JCAR Contact: Kansas State Capitol, Topeka, Kansas 66612; Legislative Research Department, klrd.gov

IX. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that the Agency schedule a public hearing during the 60-day comment period.

Basis for hearing request: [________________________________]
[________________________________]

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

☐ Commenter requests that the Agency schedule a public hearing accessible to western Kansas stakeholders given the agricultural and rural impacts of this rule.

X. LOGICAL OUTGROWTH CAUTION

If the Agency intends to make material changes to this proposed rule in response to comments, Commenter respectfully requests that the Agency assess whether such changes remain a "logical outgrowth" of the proposed rule as published. Under K.S.A. § 77-421, if the final rule differs in subject matter or effect in any material respect from the proposed rule, and such difference is not a logical outgrowth, the Agency must initiate new rulemaking proceedings.

☐ Commenter requests that any material changes to the proposed rule be re-published for an additional 60-day comment period.

XI. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment submitted during the 60-day comment period;
2. Identify the changes, if any, made to the proposed rule in response to public comments;
3. Notify Commenter if a new rulemaking proceeding is initiated in connection with this subject matter;
4. Notify Commenter when the final rule is filed with the Secretary of State and published in the Kansas Register; and
5. If the Agency declines to adopt Commenter's recommendations, provide a reasoned explanation for the record.

XII. EXHIBITS AND ATTACHMENTS

☐ No exhibits attached at this time. Commenter reserves the right to supplement the record within the 60-day comment period.

XIII. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the 60-day comment deadline of [__/__/____] as published in the Kansas Register, Vol. [____], No. [____].

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

XIV. 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, technical assistance, or testimony at any public hearing scheduled during the comment period. Please direct inquiries to:

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

Respectfully submitted,

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Comment Preparation Checklist

Before the 60-Day Deadline

☐ Locate the proposed rule in the Kansas Register at sos.ks.gov/publications/kansas_register.html
☐ Note the Kansas Register volume, issue number, and publication date to calculate the 60-day deadline
☐ Obtain the full text of the proposed K.A.R. provision(s)
☐ Review the Attorney General's legal review, Director of Budget's fiscal analysis, and Secretary of Administration's approval
☐ Identify the agency's enabling Kansas statute for scope of delegated authority
☐ Identify each specific K.A.R. provision of concern
☐ Research Kansas statutory and case law relevant to the issues
☐ Gather supporting data, fiscal estimates, and operational facts specific to Kansas
☐ Draft alternative regulatory language for each challenged provision
☐ Assess impact on Kansas agriculture and small business
☐ Assess whether the final rule could be challenged as not a "logical outgrowth" (K.S.A. § 77-421)
☐ Consider engaging with JCAR
☐ Submit comments before the 60-day deadline; retain proof of submission
☐ Retain copies of all submitted comments and exhibits

Common Issues to Raise in Comments

☐ Agency exceeded statutory authority under the Kansas enabling statute
☐ Rule was not submitted for proper pre-publication approval (Secretary of Administration, Attorney General, Director of Budget)
☐ Attorney General's review missed a legal deficiency
☐ Director of Budget's fiscal analysis was incomplete or inaccurate
☐ Rule conflicts with another Kansas statute or K.A.R. provision
☐ Rule conflicts with applicable federal law
☐ Inadequate consideration of agricultural and rural impacts
☐ Small business and economic impact not adequately assessed
☐ Alternative regulatory approaches not considered
☐ Compliance deadline is unreasonably short for Kansas businesses
☐ Key terms are ambiguous or undefined
☐ Final adoption would not be a "logical outgrowth" of the proposed rule — new rulemaking required
☐ Constitutional concerns — Kansas Constitution Bill of Rights or U.S. Constitution

Kansas-Specific Statutory and Regulatory References

Key Resources:

• Kansas Register (weekly): sos.ks.gov/publications/kansas_register.html
• Kansas Administrative Regulations (K.A.R.): sos.ks.gov/pubs/pubs_kansas_admin_regs.html
• Kansas Legislature — JCAR: kslegislature.org
• Kansas Legislative Research Department: klrd.gov

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