APA Comment Letter (General)

APA Comment Letter (General) — Louisiana

Louisiana Rulemaking Process: Overview

Under the Louisiana Administrative Procedure Act (La. R.S. Title 49, Chapter 13), Louisiana agencies must follow a multi-stage rulemaking process that includes legislative fiscal review, public comment, and the potential for an oral presentation or hearing. Louisiana's process is distinctive because it includes mandatory fiscal and economic approval before publication and strong legislative oversight.

Key Statutory Authority:

• La. R.S. § 49:953: Governs the procedure for adoption of rules; requires public notice in the Louisiana Register; provides for written and oral comment
• La. R.S. § 49:953(A)(2): Provides that oral presentation or argument must be granted upon written request by 25 or more persons, a governmental subdivision, or an association of 25 or more members, within 20 days after publication of the rule
• La. R.S. § 49:968: Provides for judicial review of agency rulemaking
• La. R.S. § 49:972: Allows the Governor to veto a proposed rule within 10 days after receiving it

Louisiana Rulemaking Timeline:

1. Fiscal and Economic Review: Agency drafts rule; submission for fiscal and economic impact approval
2. Legislative Fiscal Office and Legislative Bureau Review: Rules requiring legislative approval must be reviewed
3. Notice of Intent: Agency submits Notice of Intent to the Office of the State Register for publication in the Louisiana Register on the 20th of each month (submission deadline is the 10th of each month)
4. Louisiana Register Publication: Notice published monthly in the Louisiana Register
5. Public Comment Period: Written comments accepted for 20 days after publication; oral presentation may be granted if requested by 25+ persons within 20 days of publication
6. Governor's Review: Governor has authority to veto proposed rules
7. Final Adoption: Agency considers comments; publishes final rule in Louisiana Register

Where Proposed Rules Are Published:

• Louisiana Register: Official monthly publication by the Office of the State Register (Division of Administration); published on the 20th of each month; available at doa.la.gov/doa/osr
• Louisiana Administrative Code (LAC): the compiled body of Louisiana administrative rules
• Division of Administration website

Comment Period: Written comments are accepted during the public comment period following publication in the Louisiana Register. Oral presentations may be scheduled if requested within 20 days of publication by 25+ persons or qualifying organizations.

Submission Methods:

• Written comments submitted to the agency contact identified in the Louisiana Register notice
• Oral comments at any oral presentation scheduled by the agency
• The submission deadline to the Office of the State Register for publication is the 10th of each month (for publication on the 20th)

Governor's Veto Power: Under La. R.S. § 49:972, the Governor may veto any proposed rule. This creates an additional avenue for stakeholders with significant policy concerns.

Why Comments Matter:
Written comments become part of the rulemaking record. If oral presentation is requested by the threshold number of persons or organizations, the agency must grant it. All comments must be considered before final adoption. Substantive legal and economic objections can support judicial review under La. R.S. § 49:968 and may inform the Governor's veto consideration.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Office, if applicable]
[Street Address]
[Baton Rouge, Louisiana XXXXX] or [City, State, ZIP]

Re: Written Comments on Proposed Rulemaking / Notice of Intent
Louisiana Register Citation: [________________________________]
Louisiana Administrative Code Citation: LAC [____]:[____]
Rule Title: [________________________________]
Notice Published: [__/__/____]
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)

☐ Louisiana resident or individual taxpayer
☐ Business operating in Louisiana
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (parish, municipality, or special district)
☐ Healthcare provider or organization
☐ Oil, gas, or energy industry participant
☐ Agricultural operator or farm organization
☐ Educational institution
☐ Attorney submitting on behalf of a client (client name: [________________________________])
☐ Other: [________________________________]

Number of Persons or Members Represented:
[____] (Note: 25 or more persons, or an association of 25+ members, may request an oral presentation under La. R.S. § 49:953(A)(2))

Brief Description of Commenter's Interest:
[Describe why you or your organization is directly affected by or has substantial interest in this rulemaking. Note Louisiana-specific facts: parish of operation, number of Louisiana employees or members, nature of regulated activity, and specific impact of the proposed rule.]

[________________________________]
[________________________________]
[________________________________]

II. RULE IDENTIFICATION

Agency Proposing Rule:
[________________________________]

Louisiana Administrative Code Citation:
LAC [____]:[____]

Louisiana Register Citation:
[____] La. Reg. [____] ([Month/Year])

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

Written Comment Deadline:
[__/__/____]

Oral Presentation Request Deadline (20 days after publication):
[__/__/____]

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

III. INTRODUCTION AND STATEMENT OF INTEREST

[________________________________] ("Commenter") respectfully submits these written comments on the Notice of Intent published by [________________________________] ("Agency") in the Louisiana Register, Volume [____], pursuant to La. R.S. § 49:953.

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

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

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

IV. EXECUTIVE SUMMARY OF POSITIONS

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

1. [Summary of Position #1 — e.g., "LAC [X]:[XXX].[X] exceeds the Agency's authority under La. R.S. § [X] and must be revised."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The fiscal and economic impact analysis provided to the Legislative Fiscal Office does not account for [specific cost category], and the rule should be revised accordingly."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The compliance timeline in LAC [X]:[XXX].[X] is insufficient for Louisiana businesses to implement the required changes; 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

Louisiana Administrative Code Section: LAC [________________________________]

Type of Concern:
☐ Exceeds statutory authority under La. R.S. § [____]
☐ Constitutional infirmity (Louisiana or U.S. Constitution)
☐ Ambiguous or vague language
☐ Inadequate fiscal or economic impact analysis submitted to legislative bodies
☐ Unrealistic compliance timeline
☐ Inadequate consideration of alternatives
☐ Disproportionate impact on small businesses
☐ Conflicts with another LAC provision or Louisiana statute
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in Notice of Intent
☐ Other: [________________________________]

Current Proposed Rule Text:

[Quote the specific text of the proposed LAC provision]

Description of Concern:
[Describe the specific problem. Reference the exact language at issue, the harm or legal deficiency, and address why the Agency's stated rationale does not justify the provision. Cite La. R.S. provisions, prior Louisiana court decisions, or other relevant authority.]

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

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

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

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

Comment No. 2

Louisiana Administrative Code Section: LAC [________________________________]

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 LAC provision or Louisiana statute
☐ 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:

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

Comment No. 3

Louisiana Administrative Code Section: LAC [________________________________]

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. REQUEST FOR ORAL PRESENTATION (LA. R.S. § 49:953(A)(2))

Under La. R.S. § 49:953(A)(2), an opportunity for oral presentation or argument must be granted if requested within 20 days after publication of the rule by:

• 25 or more persons;
• A governmental subdivision or agency; or
• An association having not less than 25 members.

☐ Commenter requests an oral presentation on this proposed rulemaking pursuant to La. R.S. § 49:953(A)(2).

Basis for request:
☐ This submission represents the views of [____] or more persons (list attached or separate petition submitted)
☐ This submission is made by a governmental subdivision or agency
☐ This submission is made by an association with [____] or more members

This oral presentation request is being submitted within 20 days of publication of the Notice of Intent on [__/__/____].

Preferred topics for oral presentation:
[________________________________]
[________________________________]

☐ Commenter does not independently qualify for an oral presentation but joins in a request coordinated by [________________________________].

☐ No oral presentation request — commenter relies solely on written comments.

VII. FISCAL AND ECONOMIC IMPACT CONCERNS

Louisiana's rulemaking process requires fiscal and economic impact approval before publication. Commenter identifies the following concerns:

Does this rule have significant fiscal or economic impact on Louisiana entities?
☐ Yes ☐ No ☐ Uncertain

If yes:

Estimated annual compliance costs for Louisiana businesses (aggregate):
$[________________________________]

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

Economic sectors most affected:
☐ Oil and gas
☐ Chemical/petrochemical manufacturing
☐ Agriculture
☐ Healthcare
☐ Retail/hospitality
☐ Other: [________________________________]

Were these costs fully reflected in the fiscal and economic impact documents submitted to the Legislative Fiscal Office?
☐ Yes ☐ No — the following costs were omitted or understated: [________________________________]

VIII. GOVERNOR'S OFFICE ENGAGEMENT (IF APPLICABLE)

Under La. R.S. § 49:972, the Governor may veto any proposed rule. If the concerns raised in these comments rise to the level of significant policy disagreement with the proposed rule, Commenter may seek to bring this matter to the Governor's attention.

☐ Commenter intends to notify the Governor's Office of the concerns raised herein
☐ Commenter does not intend to engage the Governor's Office at this time

IX. REQUEST FOR AGENCY RESPONSE

Commenter respectfully requests that the Agency:

1. Provide a written response to each substantive comment submitted during the public comment period;
2. Address the fiscal and economic impact concerns raised in these comments;
3. Notify Commenter if an oral presentation is granted;
4. Notify Commenter at the address above when the final rule is published in the Louisiana Register; and
5. If the Agency declines to adopt Commenter's recommended changes, provide a reasoned explanation sufficient to support judicial review under La. R.S. § 49:968.

X. EXHIBITS AND ATTACHMENTS

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

XI. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the comment deadline of [__/__/____] as published in the Louisiana Register for LAC [________________________________].

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

XII. 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]
4. Grant an oral presentation pursuant to La. R.S. § 49:953(A)(2) [if requesting]

We are available to provide additional information, technical assistance, or testimony at any oral presentation. 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 Louisiana Register at doa.la.gov/doa/osr to obtain the current issue (published the 20th of each month)
☐ Identify the LAC citation and the publication date
☐ Calculate the 20-day deadline for requesting an oral presentation
☐ Confirm the written comment deadline
☐ Obtain the full text of the proposed rule
☐ Review the fiscal and economic impact documents submitted to the Legislative Fiscal Office
☐ Review the agency's enabling Louisiana statute for scope of delegated authority
☐ Identify each specific LAC section of concern
☐ Research Louisiana statutory and case law relevant to the issues
☐ Gather supporting data, fiscal estimates, and operational facts specific to Louisiana
☐ Draft alternative regulatory language for each challenged provision
☐ Assess whether to request an oral presentation (requires 25 persons, a governmental entity, or an association of 25+ members)
☐ Consider whether to notify the Governor's Office for rules with significant policy implications
☐ Submit comments before the 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 Louisiana enabling statute
☐ Rule conflicts with another LAC provision or Louisiana statute
☐ Rule conflicts with applicable federal law or regulation
☐ Notice of Intent was deficient or not published in the Louisiana Register as required
☐ Fiscal and economic impact analysis submitted to the Legislative Fiscal Office was incomplete or inaccurate
☐ Oral presentation should be granted (25+ persons or qualifying organization requested it)
☐ Small business and economic impact not adequately assessed
☐ Alternative regulatory approaches not considered
☐ Compliance deadline is unreasonably short for Louisiana businesses
☐ Key terms are undefined, ambiguous, or overbroad
☐ Constitutional concerns — Louisiana Constitution or U.S. Constitution
☐ Rule imposes retroactive obligations without express statutory authority
☐ Governor's veto consideration warranted for significant policy objections

Louisiana-Specific Statutory and Regulatory References

Key Resources:

• Louisiana Register (monthly, published on the 20th): doa.la.gov/doa/osr
• Louisiana Administrative Code (LAC): doa.la.gov/doa/osr/louisiana-administrative-code
• Office of the State Register: doa.la.gov/doa/osr
• Louisiana Legislature: legis.la.gov

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