APA Comment Letter (General) - Kansas

APA Comment Letter (General) — Kansas

Kansas Rulemaking Process: Overview

Under the Kansas Rules and Regulations Filing Act and the 2026 session-law amendments, Kansas agencies use different routes for technical amendments, temporary rules, and ordinary substantive rulemaking. For ordinary new or amended rules, K.S.A. § 77-420(f) requires at least 15 days of early public input before submission to the Department of Administration. K.S.A. § 77-421 then generally requires at least 60 days' notice, but specified wildlife and Medicaid-pharmacy rulemakings use a 30-day period. Confirm the route and deadline stated in the actual Kansas Register notice.

Key Statutory Authority:

• K.S.A. § 77-421: Governs notice, hearing, comment periods, adoption procedure, and when changed language requires new rulemaking proceedings
• K.S.A. § 77-420: Governs early public input and review by the Secretary of Administration, Attorney General, and Director of the Budget, including the section's federal-mandate exception
• K.S.A. § 77-422: Governs temporary rules, their findings, approvals, filing, and duration
• 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: Establishes the Joint Committee on Administrative Rules and Regulations and its review duties
• K.S.A. § 77-621: States the standards for judicial review of agency action

Prefiling Review Requirements:
For an ordinary substantive rule, the agency completes the current statutory sequence, including:

1. At least 15 days of early public input before Department of Administration submission under K.S.A. § 77-420(f)
2. Secretary of Administration review of organization, style, orthography, and grammar
3. Attorney General review of legality and delegated authority
4. Director of the Budget review or approval when required; federally mandated rules use the exception in K.S.A. § 77-420(a)(4)

Technical amendments use the narrower route in 2026 Kan. Sess. Laws ch. 138, § 1. Temporary rules use K.S.A. § 77-422.

Kansas Rulemaking Timeline:

1. Drafting and Early Public Input: For an ordinary new or amended rule, agency drafts and completes the 15-day step in K.S.A. § 77-420(f)
2. Prefiling Review: Agency completes the administration, legal, and budget review applicable under K.S.A. § 77-420
3. Publication in Kansas Register: Notice is published with the applicable statutory comment period
4. Comment Period and Hearing: Public submits comments and may participate in the hearing identified in the notice
5. Joint Committee Review: The Joint Committee reviews the proposal during the applicable public-comment period
6. Final Adoption and Filing: Agency considers comments, adopts the rule, and files the required materials with the Secretary of State
7. Effective Date: A permanent rule generally takes effect 15 days after publication in the Kansas Register or on a later date clearly stated in the rule

Where Proposed Rules Are Published:

• Kansas Register: The formal notice is published through the Secretary of State at https://rules.ks.gov/
• Agency and Secretary of State websites: The early-input notice required by K.S.A. § 77-420(f) is posted on both
• Proposed text and impact materials: Obtain them through the address or access method stated in the formal notice

Comment Period: The ordinary period is at least 60 days' notice, but K.S.A. § 77-421 contains specified 30-day exceptions. Use the deadline and rulemaking category in the published notice.

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 the public hearing identified in the notice

Joint Committee on Administrative Rules and Regulations: The Joint Committee receives notice and reviews proposed rules during the public-comment period under K.S.A. § 77-436. It may issue reports and introduce legislation; K.S.A. § 77-426(c) separately permits the Legislature to express concern with an existing rule and request revocation or amendment by concurrent resolution.

Why Comments Matter:
The comment period gives regulated parties time to submit facts, studies, legal analysis, and alternative language. K.S.A. § 77-421 requires new proceedings when the final rule differs in subject matter or effect in a material respect and is not a logical outgrowth of the proposal. Well-documented comments assist agency and Joint Committee review and become part of the hearing record maintained under K.S.A. § 77-421(d).

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: [________________________________]
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:
[__/__/____]

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. PREFILING REVIEW DEFICIENCIES (IF APPLICABLE)

Under K.S.A. § 77-420, ordinary proposed rules undergo Secretary of Administration and Attorney General approval plus Director of the Budget review or approval when required. Commenter raises the following concerns regarding the applicable prefiling 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 prefiling reviews 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 ENGAGEMENT

The Kansas Legislature's Joint Committee on Administrative Rules and Regulations receives notice of proposed rules and may report concerns, make recommendations, or introduce legislation. Commenter intends to:

☐ Submit a copy of these comments to the Joint Committee for its information
☐ Request that the Joint Committee review this rulemaking and consider legislative action
☐ Seek an opportunity to testify if the Joint Committee schedules the rulemaking
☐ No direct Joint Committee engagement planned at this time

Current committee page: https://www.kslegislature.gov/b2025_26/committees/ctte_jt_rules_regs_1/

IX. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that the Agency address the following matters at the public hearing identified in the notice.

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 change requiring new proceedings under K.S.A. § 77-421 be published for the applicable notice-and-comment period.

XI. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment as a discretionary request; K.S.A. § 77-421(b)(1) requires a concise statement of principal reasons, including reasons for not accepting substantial arguments, rather than an individualized response to every commenter;
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 may supplement only as allowed by the published notice and agency procedure.

XIII. CERTIFICATION OF TIMELY SUBMISSION

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

Method of Submission:
☐ U.S. Mail (sent and received as required by the official notice)
☐ 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 Comment Deadline

☐ Locate the proposed rule in the Kansas Register at https://rules.ks.gov/
☐ Note the Kansas Register volume, issue number, publication date, rulemaking category, and stated deadline
☐ Obtain the full text of the proposed K.A.R. provision(s)
☐ Review the Attorney General's legal review, the applicable Budget Director analysis, and the 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 the Joint Committee
☐ Submit comments before the published 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 did not complete the applicable early-input and prefiling review steps under K.S.A. § 77-420
☐ 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 and Administrative Regulations: https://rules.ks.gov/
• 2026 Kan. Sess. Laws ch. 138: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-138-HB-2719.html
• 2026 Kan. Sess. Laws ch. 155: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-155-HB-2029.html
• Joint Committee: https://www.kslegislature.gov/b2025_26/committees/ctte_jt_rules_regs_1/
• Kansas Legislative Research Department: https://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.