APA Comment Letter (General)

APA Comment Letter (General) — Maryland

Maryland Rulemaking Process: Overview

Under the Maryland Administrative Procedure Act (Md. Code, State Gov't Title 10, Subtitle 1), Maryland agencies must follow a formal notice-and-comment process that includes mandatory AELR Committee review and publication in the Maryland Register. Maryland's process features strong legislative oversight through the Joint Committee on Administrative, Executive and Legislative Review (AELR Committee), which reviews all proposed regulations for conformity with statutory authority and legislative intent.

Key Statutory Authority:

• Md. Code, State Gov't § 10-111: Governs emergency regulations; requires simultaneous approval from the Governor and the AELR Committee before an emergency regulation takes effect
• Md. Code, State Gov't § 10-112: Requires agencies to publish a Notice of Proposed Action in the Maryland Register; initiates the minimum 30-day public comment period; proposed regulations are submitted to the AELR Committee for preliminary review before publication
• Md. Code, State Gov't § 10-113: Governs optional or mandatory public hearings on proposed regulations
• Md. Code, State Gov't § 10-120: Provides for judicial review of final agency regulations

Maryland Rulemaking Timeline:

1. AELR Committee Preliminary Review: Agency submits proposed regulation to the Department of Legislative Services and the AELR Committee for preliminary review before publication
2. Maryland Register Publication: Agency publishes Notice of Proposed Action in the Maryland Register (published bi-weekly on Fridays)
3. 30-Day Public Comment Period: Minimum 30-day public comment period runs from the date of publication in the Maryland Register
4. Public Hearing (optional or mandatory): Agency may hold public hearing at its discretion or if required by enabling statute
5. Notice of Final Action: Agency publishes Notice of Final Action in Maryland Register with responses to comments
6. Effective Date: Regulation takes effect no earlier than 10 days after publication of the final notice

Where Proposed Rules Are Published:

• Maryland Register: Official bi-weekly publication; available at dsd.state.md.us/mdregister (Division of State Documents)
• Code of Maryland Regulations (COMAR): The compiled body of Maryland administrative regulations; available at dsd.state.md.us/comar
• Department of Legislative Services (DLS) website for AELR filings

Comment Period: Minimum 30 days from the date of publication in the Maryland Register (Md. Code, State Gov't § 10-112).

Submission Methods:

• Written comments submitted to the agency contact designated in the Maryland Register notice
• Oral testimony at any public hearing scheduled by the agency
• Email to the agency's designated regulatory contact

AELR Committee Role: The Joint Committee on Administrative, Executive and Legislative Review reviews proposed regulations to determine whether they comply with statutory authority, are consistent with legislative intent, and are in proper form. The AELR may comment on proposed regulations and may recommend changes to agencies. Regulations can be objected to by the AELR, which creates additional process requirements for the agency.

Why Comments Matter:
Maryland agencies must publish a Notice of Final Action addressing all substantive comments. The final action notice must indicate what changes were made and explain why other changes were not made. This response requirement creates meaningful accountability and builds the record for judicial review under Md. Code, State Gov't § 10-120. AELR Committee review also provides a legislative check on agency overreach.

Comment Letter Template

[DATE: __/__/____]

[________________________________]
[Agency Name]
[Division/Office, if applicable]
[Street Address]
[Baltimore/Annapolis, Maryland XXXXX] or [City, State, ZIP]

Re: Written Comments on Notice of Proposed Action
Maryland Register Citation: [____] Md. R. [____] ([Month Day, Year])
Code of Maryland Regulations (COMAR) Citation: COMAR [________________________________]
Regulation Title: [________________________________]
30-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)

☐ Maryland resident or individual taxpayer
☐ Business operating in Maryland
☐ Trade or industry association
☐ Nonprofit or civic organization
☐ Local government (county, municipality, or special taxing district)
☐ Healthcare provider or organization
☐ Educational institution
☐ Environmental or public interest organization
☐ 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. Maryland-specific facts — county of operation, number of Maryland employees or members, years of operation in Maryland, and the direct regulatory impact — strengthen the administrative record.]

[________________________________]
[________________________________]
[________________________________]

II. REGULATION IDENTIFICATION

Agency Proposing Regulation:
[________________________________]

COMAR Citation:
COMAR [________________________________]

Maryland Register Citation:
[____] Md. R. [____] ([Month Day, Year])

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

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

Agency Regulatory 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 Notice of Proposed Action published by [________________________________] ("Agency") in the Maryland Register, [____] Md. R. [____] ([Month Day, Year]), pursuant to Md. Code, State Gov't § 10-112.

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

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

We recognize the Agency's regulatory objective of [describe the stated purpose]. However, we have identified significant concerns with the proposed regulation that require Agency attention before final adoption. We respectfully request that the Agency incorporate the changes described below into the Notice of Final Action.

IV. EXECUTIVE SUMMARY OF POSITIONS

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

1. [Summary of Position #1 — e.g., "COMAR [X].[XX].[XX].[XX]B exceeds the Agency's statutory authority under Md. Code, [Article] § [X] and should be revised."]
   [________________________________]

2. [Summary of Position #2 — e.g., "The Agency should hold a public hearing on COMAR [X].[XX].[XX].[XX] because of the significant economic and public health implications for Maryland communities."]
   [________________________________]

3. [Summary of Position #3 — e.g., "The compliance date in COMAR [X].[XX].[XX].[XX]D is unreasonably short; Maryland businesses need at least [X months] to implement the required changes."]
   [________________________________]

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

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

V. DETAILED COMMENTS BY REGULATION SECTION

Comment No. 1

COMAR Section: COMAR [________________________________]

Type of Concern:
☐ Exceeds statutory authority under Md. Code, [Article] § [____]
☐ Constitutional infirmity (Maryland 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 COMAR provision or Maryland statute
☐ Conflicts with federal law or regulation
☐ Procedural deficiency in Notice of Proposed Action
☐ AELR Committee should be alerted to statutory authority concern
☐ Other: [________________________________]

Current Proposed Regulation Text:

[Quote the specific text of the proposed COMAR provision]

Description of Concern:
[Describe the specific problem with precision. Reference the exact COMAR language at issue, the harm or legal deficiency, and why the Agency's stated rationale does not justify the provision as written. Cite Md. Code provisions, prior AELR objections on similar regulations, Maryland court decisions, or other relevant authority.]

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

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

[Insert your proposed alternative regulatory text]

Supporting Authority and Evidence:

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

Comment No. 2

COMAR Section: COMAR [________________________________]

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 COMAR provision or Maryland statute
☐ Conflicts with federal law
☐ AELR Committee should review statutory authority concern
☐ 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:

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

Comment No. 3

COMAR Section: COMAR [________________________________]

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 Md. Code, State Gov't § 10-111:

☐ Commenter questions whether the emergency designation is appropriate because: [________________________________]
☐ Emergency regulations require simultaneous approval from the Governor and AELR Committee, which Commenter understands has [been / not been] obtained
☐ Commenter requests that the Agency proceed through the standard notice-and-comment process rather than emergency rulemaking
☐ Not applicable — this is a standard proposed regulation

VII. FISCAL AND ECONOMIC IMPACT

Does this regulation have a significant fiscal or economic impact on Maryland individuals, businesses, or local governments?
☐ Yes ☐ No ☐ Uncertain

If yes:

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

Total estimated annual impact on Maryland (aggregate):
$[________________________________]

Impact on small businesses:
[________________________________]
[________________________________]

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

VIII. AELR COMMITTEE ENGAGEMENT

The Joint Committee on Administrative, Executive and Legislative Review (AELR Committee) reviews Maryland regulations for conformance with statutory authority and legislative intent. Commenter intends to:

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

AELR Committee Contact: Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401
Website: dls.maryland.gov/committees/aelr

IX. REQUEST FOR PUBLIC HEARING

☐ Commenter requests that the Agency hold a public hearing on this proposed regulation, pursuant to Md. Code, State Gov't § 10-113.

Basis for request: [________________________________]
[________________________________]

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

☐ Commenter requests that the hearing be scheduled in a location accessible to regulated parties outside the Baltimore-Washington area, specifically in [region]: [________________________________].

X. REQUEST FOR AGENCY RESPONSE IN NOTICE OF FINAL ACTION

Under Md. Code, State Gov't § 10-112, the Agency must publish a Notice of Final Action that addresses the comments received during the comment period. Commenter respectfully requests that the Notice of Final Action:

1. Specifically identify and respond to each substantive comment submitted by Commenter;
2. Explain what changes, if any, were made to the proposed regulation in response to comments;
3. For any changes rejected, explain the basis for that rejection with sufficient specificity for judicial review under Md. Code, State Gov't § 10-120;
4. Note the effective date of the final regulation (no earlier than 10 days after Notice of Final Action publication); and
5. Notify Commenter at the address above when the Notice of Final Action is published in the Maryland Register.

XI. EXHIBITS AND ATTACHMENTS

☐ No exhibits attached at this time. Commenter reserves the right to supplement the record before the close of the 30-day comment period.

XII. CERTIFICATION OF TIMELY SUBMISSION

I certify that these comments are being submitted on or before the 30-day comment deadline of [__/__/____] as published in the Maryland Register, [____] Md. R. [____] for COMAR [________________________________].

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

XIII. 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 a 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 30-Day Comment Deadline

☐ Access the Maryland Register at dsd.state.md.us/mdregister to locate the Notice of Proposed Action
☐ Note the Maryland Register volume, date, and 30-day comment deadline
☐ Verify that the AELR Committee received the proposed regulation for preliminary review before publication
☐ Obtain the full text of the proposed COMAR provision(s)
☐ Review any fiscal or economic impact analysis accompanying the proposed regulation
☐ Identify the agency's enabling Maryland statute for scope of delegated authority
☐ Check AELR Committee records for prior objections on similar regulatory provisions
☐ Identify each specific COMAR provision of concern
☐ Research Maryland statutory and case law relevant to the issues
☐ Gather supporting data, cost estimates, and operational facts
☐ Draft alternative regulatory language for each challenged provision
☐ Assess impact on Maryland small businesses
☐ Consider whether to engage the AELR Committee directly
☐ Determine whether to request a public hearing (Md. Code, State Gov't § 10-113)
☐ Submit comments before the 30-day deadline; retain proof of submission
☐ Retain copies of all submitted comments and exhibits
☐ Monitor Maryland Register for Notice of Final Action (effective at least 10 days after publication)

Common Issues to Raise in Comments

☐ Agency exceeded its statutory authority under the Maryland enabling statute
☐ Regulation conflicts with another COMAR provision or Maryland statute
☐ Regulation conflicts with applicable federal law or regulation
☐ Notice of Proposed Action was deficient (fewer than 30 days provided for comment)
☐ AELR Committee preliminary review was not conducted or was inadequate
☐ Emergency regulation designation not supported by the applicable legal standard
☐ Inadequate fiscal or economic impact analysis
☐ Small business impact not adequately considered
☐ Alternative regulatory approaches not examined
☐ Compliance deadline is unreasonably short for Maryland businesses
☐ Key terms are undefined, ambiguous, or overbroad
☐ Constitutional concerns — Maryland Declaration of Rights or U.S. Constitution
☐ Regulation imposes retroactive obligations without express statutory authority
☐ Regulation is inconsistent with legislative intent (basis for AELR Committee objection)
☐ Notice of Final Action failed to adequately respond to substantive comments

Maryland-Specific Statutory and Regulatory References

Key Resources:

• Maryland Register (bi-weekly, Fridays): dsd.state.md.us/mdregister
• Code of Maryland Regulations (COMAR): dsd.state.md.us/comar
• AELR Committee / Department of Legislative Services: dls.maryland.gov/committees/aelr
• Maryland General Assembly: mgaleg.maryland.gov

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