APA Comment Letter (General) - Maine

COMMENT ON PROPOSED MAINE AGENCY RULE

1. NOTICE CONTROL SHEET

Copy the information exactly from the current § 8053 notice.

Section 8053 now requires notice at least 17 days before a public hearing and at least 17 days before the comment deadline when no hearing will be held. The actual agency notice controls the submission deadline. Do not replace it with a generic 30-day period.

2. SUBMISSION LETTER

[__/__/____]

VIA [METHOD REQUIRED BY NOTICE]

[AGENCY CONTACT]
[AGENCY]
[ADDRESS OR EMAIL]

Re: Comment on Proposed [CHAPTER NUMBER / TITLE]

Dear [AGENCY OFFICIAL]:

[COMMENTER NAME] submits these comments on the proposed rule identified above.

Commenter:

• Name: [____________________]
• Organization or capacity: [____________________]
• Address: [____________________]
• Telephone: [____________________]
• Email: [____________________]
• Interest in the rule: [____________________]

Commenter requests that the Agency:

☐ Adopt the proposal as published.

☐ Adopt the proposal with the revisions shown below.

☐ Decline to adopt the proposal.

☐ Reopen, extend, or supplement the process under this exact authority: [____________________].

☐ Take other authorized action: [____________________].

The principal reasons are:

1. [____________________]
2. [____________________]
3. [____________________]

Respectfully submitted,

[________________________________]
[COMMENTER OR COUNSEL]
[BAR NUMBER, IF APPLICABLE]

Attachments: [____________________]

3. EXECUTIVE SUMMARY

The proposed rule would:

[____________________]

Commenter's position:

[____________________]

Requested changes:

4. AGENCY AUTHORITY

Enabling Statute

The Agency relies on [EXACT STATUTE] as authority.

Commenter states:

☐ The proposed rule fits within the delegated authority.

☐ The proposal exceeds or conflicts with the delegated authority because: [____________________].

☐ The notice omits or misstates material statutory authority because: [____________________].

Implemented Law

Section 8053 requires the notice to refer to the substantive state or federal law implemented by the proposal.

Implemented law identified by Agency: [____________________].

Analysis: [____________________].

5. NOTICE AND PROCESS

Current Notice Content

Section 8053 requires the notice to identify the agency; provide the proposed rule's chapter number and title; cite statutory authority; state hearing information and the manner and deadline for comments; identify an agency contact; summarize the proposal; refer to the substantive law implemented; state where small-business impact information can be obtained; and identify the rule's classification.

Possible notice issue:

[____________________]

Proposed Rule Availability

The agency must make the proposed rule available on its publicly accessible website at least 17 days before the public hearing or, if no hearing is held, at least 17 days before the comment deadline, and provide a paper copy on request.

Date rule became available: [__/__/____].

Availability issue: [____________________].

Public Hearing

Section 8052 requires a public hearing when another statute requires one, when any five interested persons request one, or when the rule is major substantive. A public meeting or forum that receives public comment on a proposed rule is treated as a public hearing under the subchapter.

☐ No hearing request.

☐ Hearing requested by at least five interested persons.

☐ Hearing required because proposal is major substantive.

☐ Hearing required by this separate statute: [____________________].

Request and supporting names: [____________________].

Post-Hearing Written Statements

When a public hearing is held, § 8052(3) permits written statements and arguments within 10 days after the hearing closes, or within a longer period directed by the agency.

Hearing closed: [__/__/____].

Post-hearing deadline: [__/__/____].

This filing is:

☐ Initial pre-hearing comment.

☐ Hearing exhibit or written testimony.

☐ Post-hearing statement within the statutory or agency-extended period.

6. SUBSTANTIVE COMMENTS

Comment 1 — [TOPIC]

Proposed text:

[____________________]

Comment:

[____________________]

Evidence and authority:

[____________________]

Requested revision:

[____________________]

Comment 2 — [TOPIC]

Proposed text:

[____________________]

Comment:

[____________________]

Evidence and authority:

[____________________]

Requested revision:

[____________________]

Comment 3 — [TOPIC]

Proposed text:

[____________________]

Comment:

[____________________]

Evidence and authority:

[____________________]

Requested revision:

[____________________]

7. IMPACT ANALYSIS

Section 8052(4) directs the agency to consider all relevant information available before adoption, including economic, environmental, fiscal, and social impact analyses and filed statements and arguments.

Present only supported impacts.

Small Business

Affected small businesses: [____________________].

Projected reporting, recordkeeping, professional-service, or administrative burden: [____________________].

Less intrusive or less costly alternative: [____________________].

Economic and Fiscal

Costs: [____________________].

Benefits: [____________________].

State or local fiscal effect: [____________________].

Environmental and Public Health

Effect: [____________________].

Evidence: [____________________].

Social and Equity

Affected populations: [____________________].

Effect and evidence: [____________________].

8. PROPOSED TEXT

Redline

[INSERT REDLINE AGAINST PUBLISHED PROPOSAL]

Clean Text

[INSERT CLEAN REQUESTED TEXT]

Section-by-Section Explanation

9. EVIDENCE AND SOURCES

For data, identify source, date, methodology, limitations, and responsible author.

For confidential material, identify the exact statute or agency rule supporting confidential treatment before submission. Do not assume a comment is confidential merely because it is labeled so.

10. RESPONSE TO OTHER COMMENTS OR HEARING TESTIMONY

Comment or testimony addressed:

[____________________]

Response:

[____________________]

Requested agency finding or revision:

[____________________]

Submit a reply only when the agency's notice, order, or extended schedule permits it.

11. REQUESTED AGENCY DISPOSITION

Commenter asks the Agency to:

1. [ADOPT / REVISE / DECLINE] the proposal;
2. Make the following findings: [____________________];
3. Address the following alternatives: [____________________];
4. Explain its treatment of this comment in the basis statement and summary required at adoption; and
5. Provide notice of final disposition to [CONTACT].

12. FILING CHECKLIST

☐ Notice and current proposed rule reviewed.

☐ Correct chapter number and title used.

☐ Comment method and deadline copied from notice.

☐ Submission will arrive by the deadline.

☐ Hearing request, if any, has five interested persons or another verified basis.

☐ Post-hearing submission is within 10 days or the agency's longer stated period.

☐ Agency authority and implemented law analyzed.

☐ Requested revisions include redline and clean text.

☐ Evidence is cited and attached.

☐ Confidentiality claims cite exact authority.

☐ Delivery proof and final submitted copy retained.

13. RULEMAKING PETITION OPTION

If no proposed rule is pending, § 8055 allows any person to petition an agency to adopt or modify a rule using the agency-designated form and procedure. Within 60 days after receipt, the agency must deny an ordinary petition in writing with reasons or initiate appropriate rulemaking. A properly verified and certified petition of 150 registered Maine voters mandates initiation within 60 days.

Use a dedicated § 8055 petition rather than relabeling this comment letter.

14. OFFICIAL SOURCES

• 5 M.R.S. § 8052: https://legislature.maine.gov/statutes/5/title5sec8052.html
• 5 M.R.S. § 8053: https://legislature.maine.gov/statutes/5/title5sec8053.html
• 5 M.R.S. § 8055: https://legislature.maine.gov/statutes/5/title5sec8055.html
• Maine Administrative Procedure Act, chapter 375: https://legislature.maine.gov/statutes/5/title5ch375.pdf