APA Comment Letter (General) - Kentucky

APA Comment Letter (General) — Kentucky

Kentucky Rulemaking Process: Overview

Under the Kentucky Administrative Regulations Act (KRS Chapter 13A), an administrative body must schedule a public hearing and accept written comments. The hearing may be canceled under KRS § 13A.270(7) if no timely notice of intent to attend is received. Kentucky combines executive-branch rulemaking with Legislative Research Commission review through the Administrative Regulation Review Subcommittee (ARRS) and a legislative committee with subject-matter jurisdiction.

Key Statutory Authority:

• KRS § 13A.030: States ARRS duties and the grounds on which it may determine that a regulation is deficient
• KRS § 13A.270: Governs the scheduled public hearing, possible cancellation, and written comment period; ordinary-regulation comments run until 11:59 p.m. on the last day of the month following publication
• KRS § 13A.280: Requires consideration of hearing and written comments and, when comments are received, a statement summarizing each subject and the administrative body's response
• KRS § 13A.290: Governs ARRS review and subsequent referral to a legislative committee with subject-matter jurisdiction
• KRS § 13A.331: Governs adoption and the effective date after legislative-committee referral
• KRS §§ 13A.050 and 13A.220: Govern Administrative Register publication and filing with the regulations compiler

Kentucky Rulemaking Timeline:

1. Filing with the regulations compiler: Administrative body files the proposed regulation and required materials under KRS § 13A.220
2. Publication in Administrative Register of Kentucky: The filed regulation is published under KRS § 13A.050
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. Scheduled Public Hearing: The hearing is open to the public if held; the administrative body may cancel it if KRS § 13A.270(7)'s no-attendance-notice condition is met
5. Statement of Consideration: If comments are received, the administrative body summarizes the comments, its responses, and any resulting action under KRS § 13A.280
6. Legislative Review: ARRS reviews the regulation, and the LRC refers it to a legislative committee with subject-matter jurisdiction under KRS § 13A.290
7. Adoption and Effective Date: KRS § 13A.331 controls when an ordinary regulation referred to a legislative committee is adopted and becomes effective

Where Proposed Rules Are Published:

• Administrative Register of Kentucky: Monthly publication by the Legislative Research Commission; available on the official Register page
• LRC website: https://legislature.ky.gov
• 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 scheduled public hearing if it is held
• Email to the designated contact for the administrative body where available

Why Comments Matter:
Kentucky agencies must accept written comments during the statutory comment period and must consider comments received at a hearing or in writing. If comments are received, KRS § 13A.280 requires a statement of consideration that summarizes each commented subject and the agency's response. ARRS findings are published in the Administrative Register under KRS § 13A.290. Former KRS § 13A.140 was repealed in 2016 and should not be cited as a current judicial-review provision.

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:
[________________________________]

Regulation Type:
☐ Ordinary administrative regulation
☐ Emergency administrative regulation

Written Comment Deadline:
11:59 p.m. on [__/__/____]. Verify the filed notice and KRS § 13A.270(1)(c): the ordinary-regulation period ends on the last day of the month following publication, while the emergency-regulation period ends on the last day of the publication month.

Scheduled Public Hearing (confirm whether it will be held):
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 filed regulations placed on its agenda under KRS § 13A.290, subject to statutory exceptions. The ARRS's findings are published in the Administrative Register. Commenter intends to:

☐ Confirm the current ARRS agenda, submission method, and appearance process before sending any separate material
☐ If accepted under the current process, provide ARRS a copy focused on the KRS § 13A.030(2) deficiency ground in Comment No. [____]
☐ Request an opportunity to address ARRS only after confirming the regulation is on the agenda and the current participation procedure
☐ No direct ARRS engagement planned at this time

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

IX. ATTENDANCE AT SCHEDULED PUBLIC HEARING

Under KRS § 13A.270, the Administrative Body must schedule a public hearing. It may cancel the hearing if it receives no written notice of intent to attend at least five workdays before the scheduled date and chooses to cancel under subsection (7).

☐ Commenter plans to attend and testify at the scheduled public hearing, if held, 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. Address each subject commented upon in the statement of consideration required by KRS § 13A.280;
2. Identify the specific changes, if any, made to the proposed regulation in response to comments;
3. Timely file the statement of consideration and any amended-after-comments version required by KRS § 13A.280 and provide a copy upon request as subsection (8) directs;
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 [__/__/____] at 11:59 p.m., as confirmed from the filed notice and KRS § 13A.270 for [____] KAR [____]:[____].

Method of Submission:
☐ U.S. Mail received or otherwise treated as timely under the regulation notice (do not assume a postmark controls)
☐ Hand delivery to Administrative Body offices
☐ Email to the address authorized in the regulation notice: [________________________________]
☐ Online submission portal authorized in the regulation notice
☐ Facsimile authorized in the regulation notice: [________________________________]

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 scheduled public hearing if it is held. 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 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
☐ If planning to attend, submit the required written notice of intent at least five workdays before the scheduled 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

KRS § 13A.030(2) Deficiency Grounds to Evaluate

Do not check a ground without identifying the controlling source and supporting facts.

☐ Wrongfully promulgated
☐ Appears to conflict with an existing statute
☐ Appears to lack statutory authority
☐ Imposes a stricter or more burdensome state requirement than a federal mandate without reasonable justification
☐ Fails to use tiering when applicable
☐ Exceeds the administrative body's authority
☐ Appears to impose an unreasonable burden on government or small business, or both
☐ Uses an emergency filing without the justification required by KRS § 13A.190(1)
☐ Notice does not conform to KRS § 13A.270(3)
☐ Does not provide an adequate cost analysis under KRS § 13A.250
☐ Violates KRS § 13A.105
☐ Other asserted deficiency under KRS § 13A.030(2)(a)13: [________________________________]

Other constitutional, federal-law, statutory, economic, operational, or drafting concerns may still be raised with the administrative body, but counsel should identify the authority and should not label them as a specific ARRS deficiency ground unless the current statute supports that characterization.

Kentucky-Specific Statutory and Regulatory References

Key Resources:

• Administrative Register of Kentucky
• Kentucky Administrative Regulations
• Current KRS Chapter 13A index
• KRS § 13A.030
• KRS § 13A.050
• KRS § 13A.190
• KRS § 13A.220
• KRS § 13A.270
• KRS § 13A.280
• KRS § 13A.290
• KRS § 13A.331

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.