APA Comment Letter (General)

APA Comment Letter (General) — Kentucky

Kentucky Rulemaking Process: Overview

Under the Kentucky Administrative Regulations Act (KRS Chapter 13A), Kentucky administrative bodies must follow a mandatory public hearing and comment process before finalizing administrative regulations. Kentucky has a particularly distinctive process that combines executive branch rulemaking with mandatory Legislative Research Commission (LRC) review through the Administrative Regulation Review Subcommittee (ARRS).

Key Statutory Authority:

• KRS § 13A.270: Governs the public hearing and written comment process; administrative bodies must hold a public hearing open to the public; written comments may be submitted until 11:59 p.m. on the last day of the calendar month following publication (for ordinary regulations)
• KRS § 13A.090: Governs the filing and publication of administrative regulations in the Administrative Register of Kentucky
• KRS § 13A.120: Governs the Administrative Regulation Review Subcommittee (ARRS) review process
• KRS § 13A.130: Legislative Research Commission (LRC) role in compiling and distributing regulations

Kentucky Rulemaking Timeline:

1. Filing with LRC: Administrative body files proposed regulation with the Legislative Research Commission
2. Publication in Administrative Register of Kentucky: Proposed regulation published monthly
3. Public Comment Period: Written comments accepted until 11:59 p.m. on the last day of the calendar month following the month of publication (for ordinary regulations); for emergency regulations, comments close the last day of the month of publication
4. Mandatory Public Hearing: Administrative body must hold a public hearing open to the public (unless authorized to cancel)
5. ARRS Review: Administrative Regulation Review Subcommittee of the LRC reviews proposed regulations and may recommend changes
6. Final Adoption: Administrative body considers comments and ARRS recommendations; files final regulation

Where Proposed Rules Are Published:

• Administrative Register of Kentucky: Monthly publication by the Legislative Research Commission; available at lrc.ky.gov
• LRC website: lrc.ky.gov/register
• Individual agency websites

Comment Period:

• Ordinary administrative regulations: Written comments due until 11:59 p.m. on the last day of the calendar month following the month of publication in the Administrative Register of Kentucky
• Emergency administrative regulations: Written comments due until 11:59 p.m. on the last day of the calendar month of publication

Submission Methods:

• Written comments submitted to the administrative body designated in the regulation notice
• Oral comments at the mandatory public hearing
• Email to the designated contact for the administrative body where available

Why Comments Matter:
Kentucky agencies must hold a mandatory public hearing and must consider all written comments before adopting a final regulation. The ARRS of the LRC reviews all proposed regulations, and public comments can inform the Subcommittee's review. Well-documented comments become part of the official rulemaking record and are essential for any subsequent judicial review under KRS § 13A.140.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Administrative Body Name]
[Division/Office, if applicable]
[Street Address]
[Frankfort, Kentucky XXXXX] or [City, State, ZIP]

Re: Written Comments on Proposed Administrative Regulation
Administrative Register of Kentucky Citation: [________________________________]
Kentucky Administrative Regulations Citation: [____] KAR [____]:[____]
Regulation Title: [________________________________]
Public Hearing Date: [__/__/____]
Written Comment Deadline: [__/__/____] (11:59 p.m.)

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)

☐ Kentucky resident or individual taxpayer
☐ Business operating in Kentucky
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (city, county, or special district)
☐ Healthcare provider or organization
☐ Agricultural operator or farm 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. Facts about Kentucky-based operations, number of employees or members, years of operation in Kentucky, and the specific regulatory impact strengthen the administrative record.]

[________________________________]
[________________________________]
[________________________________]

II. REGULATION IDENTIFICATION

Administrative Body Proposing Regulation:
[________________________________]

Kentucky Administrative Regulations Citation:
[____] KAR [____]:[____]

Administrative Register of Kentucky Citation:
[________________________________]

Month/Year Published in Administrative Register:
[________________________________]

Written Comment Deadline:
11:59 p.m. on [__/__/____] (last day of the calendar month following publication)

Mandatory Public Hearing:
Date: [__/__/____]
Time: [________________________________]
Location: [________________________________]

Administrative Body Contact:
[________________________________]
Email: [________________________________]
Address: [________________________________]

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the proposed administrative regulation filed by [________________________________] ("Administrative Body") and published in the Administrative Register of Kentucky, pursuant to KRS § 13A.270.

[Describe your organization's interest in this rulemaking in 2–3 sentences. Note the number of Kentucky members or employees affected, the nature of your regulated activity, and how long you have operated in Kentucky.]

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

We acknowledge the Administrative Body's objective of [describe the regulatory purpose]. However, we have significant concerns regarding the following provisions of the proposed regulation, as detailed below. We respectfully request that the Administrative Body address these concerns before final adoption.

IV. EXECUTIVE SUMMARY OF POSITIONS

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

1. [Summary of Position #1 — e.g., "[____] KAR [____]:[____] Section [X] exceeds the Administrative Body's authority under KRS § [____] and should be revised."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The compliance timeline in [____] KAR [____]:[____] Section [X] is insufficient; a minimum of [X months] is needed for Kentucky businesses to comply."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The term '[term]' in [____] KAR [____]:[____] Section [X] is ambiguous and should be defined to prevent arbitrary enforcement."]
   [________________________________]

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

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

V. DETAILED COMMENTS BY REGULATION SECTION

Comment No. 1

KAR Section: [____] KAR [____]:[____], Section [____]

Type of Concern:
☐ Exceeds statutory authority under KRS § [____]
☐ Constitutional infirmity (Kentucky 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
☐ Conflicts with another KAR provision or Kentucky statute
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in notice or publication
☐ Other: [________________________________]

Current Proposed Regulation Text:

[Quote the specific text of the proposed KAR provision]

Description of Concern:
[Describe the specific problem with precision. Reference the exact language at issue, the harm or legal deficiency, and why the Administrative Body's stated rationale does not justify the provision. Cite KRS provisions, Kentucky court decisions, or prior ARRS guidance where available.]

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

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

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

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

Comment No. 2

KAR Section: [____] KAR [____]:[____], Section [____]

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
☐ Conflicts with another KAR provision or Kentucky statute
☐ Conflicts with federal law
☐ Other: [________________________________]

Current Proposed Regulation Text:

[Quote the specific text of the proposed regulation provision]

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

Recommended Alternative Language:

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

• Kentucky statutory authority: [________________________________]
• Data or studies: [________________________________]
• Operational impact on Kentucky entities: [________________________________]

Comment No. 3

KAR Section: [____] KAR [____]:[____], Section [____]

Type of Concern:
☐ Exceeds statutory authority
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic 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. EMERGENCY REGULATION (IF APPLICABLE)

If this regulation was filed as an emergency regulation under KRS § 13A.190:

☐ Commenter questions whether the emergency designation is warranted because: [________________________________]
☐ Commenter requests that the Administrative Body replace the emergency regulation with an ordinary regulation to allow for the standard comment period
☐ Commenter understands this is an emergency regulation and submits comments within the shortened comment period
☐ Not applicable — this is an ordinary proposed regulation

VII. SMALL BUSINESS AND ECONOMIC IMPACT

Does this regulation significantly affect small businesses operating in Kentucky?
☐ Yes ☐ No ☐ Uncertain

If yes:

Number of Kentucky small businesses affected:
[________________________________]

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

Less burdensome alternatives the Administrative Body should consider:
[________________________________]
[________________________________]
[________________________________]

VIII. LEGISLATIVE RESEARCH COMMISSION (LRC) AND ARRS ENGAGEMENT

The Administrative Regulation Review Subcommittee (ARRS) of the Legislative Research Commission reviews all proposed Kentucky administrative regulations. The ARRS's findings are published in the Administrative Register. Commenter intends to:

☐ Submit a copy of these comments to the ARRS for its review
☐ Request that the ARRS specifically address the legal authority concerns raised in Comment No. [____]
☐ Testify before the ARRS at its next meeting regarding this proposed regulation
☐ No direct ARRS engagement planned at this time

LRC/ARRS Contact: Legislative Research Commission, Capitol Annex, Frankfort, Kentucky 40601
Website: lrc.ky.gov

IX. ATTENDANCE AT MANDATORY PUBLIC HEARING

Under KRS § 13A.270, the Administrative Body must hold a mandatory public hearing on this proposed regulation.

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

☐ Commenter requests written submission in lieu of personal appearance at the public hearing.

☐ Commenter requests that the hearing location be accessible to stakeholders across Kentucky; suggest [additional location]: [________________________________].

X. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Administrative Body:

1. Provide a written response to each substantive comment submitted before the close of the comment period;
2. Identify the specific changes, if any, made to the proposed regulation in response to comments;
3. Transmit copies of all substantive comments to the ARRS as part of its LRC review filing;
4. Notify Commenter at the address above when the final regulation is published in the Administrative Register; and
5. If the Administrative Body declines to adopt Commenter's recommendations, provide a reasoned explanation for the record.

XI. EXHIBITS AND ATTACHMENTS

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

XII. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the written comment deadline of [__/__/____] (11:59 p.m.) as established under KRS § 13A.270 for [____] KAR [____]:[____].

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

XIII. CONCLUSION

For the reasons stated in detail above, [Commenter Name] respectfully requests that [Administrative Body 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 the mandatory public hearing. 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

☐ Access the Administrative Register of Kentucky at lrc.ky.gov/register to obtain the proposed regulation
☐ Identify the KAR citation and confirm the comment deadline (last day of the month following publication, at 11:59 p.m.)
☐ Confirm whether this is an ordinary or emergency regulation (different deadlines apply)
☐ Obtain the full text of the proposed regulation
☐ Review any accompanying fiscal or economic impact statement
☐ Review the administrative body's enabling KRS chapter for scope of delegated authority
☐ Identify each specific KAR section of concern
☐ Research Kentucky statutory and case law relevant to the issues
☐ Review prior ARRS guidance or objections on analogous regulations
☐ Gather supporting data, cost estimates, and operational facts
☐ Draft alternative regulatory language for each challenged section
☐ Plan to attend or submit written testimony for the mandatory public hearing
☐ Consider whether to submit comments directly to the ARRS
☐ Submit written comments before 11:59 p.m. on the deadline date; retain proof of submission
☐ Retain copies of all submitted comments and exhibits

Common Issues to Raise in Comments

☐ Administrative body exceeded its statutory authority under the enabling KRS chapter
☐ Regulation conflicts with another KAR provision or Kentucky statute
☐ Regulation conflicts with applicable federal law or regulation
☐ Notice or publication did not comply with KRS Chapter 13A requirements
☐ Inadequate fiscal or economic impact statement
☐ Small business impact not adequately considered
☐ Alternative regulatory approaches not examined
☐ Compliance deadline is unreasonably short for Kentucky businesses
☐ Key terms are undefined, ambiguous, or overbroad
☐ Emergency regulation designation not warranted by the circumstances
☐ Constitutional concerns — Kentucky or U.S. Constitution
☐ Regulation imposes retroactive obligations without express statutory authority
☐ Regulation is inconsistent with legislative intent (basis for ARRS review)

Kentucky-Specific Statutory and Regulatory References

Key Resources:

• Administrative Register of Kentucky (monthly): lrc.ky.gov/register
• Kentucky Administrative Regulations (KAR): lrc.ky.gov/kar
• Legislative Research Commission (LRC): lrc.ky.gov
• Administrative Regulation Review Subcommittee (ARRS): lrc.ky.gov/CommitteesMember.aspx

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