APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of Maine — Maine Administrative Procedure Act (5 M.R.S. §§ 8051-8064)

MAINE RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: Maine rulemaking is governed by 5 M.R.S. §§ 8051-8064. All state agencies must follow these procedures when adopting, amending, or repealing rules.

Notice of rulemaking: Under 5 M.R.S. § 8052, agencies must file a notice of proposed rulemaking with the Secretary of State and publish it. The notice must include the text of the proposed rule or a description of the subjects and issues involved, the statutory authority, and information on how to submit comments.

Comment period: The agency must provide at least 30 days for written public comment following publication of the notice. The agency must also hold a public hearing if requested by five or more persons, a governmental subdivision, or an association having 10 or more members.

Where published: Proposed rules are filed with the Maine Secretary of State and posted on the Secretary of State's rulemaking notices website. Individual agencies also post proposed rules on their own websites.

Petition for rulemaking: Under 5 M.R.S. § 8055, any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule. The agency must respond within 60 days.

Types of rules in Maine: Maine distinguishes between "routine technical rules" (reviewed by the Legislature's committees) and "major substantive rules" (which require affirmative legislative approval before becoming effective). The type of rule affects the comment and review process.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a Maine state agency under the Maine Administrative Procedure Act. Comments submitted during the public comment period become part of the official rulemaking record and must be considered by the agency before adopting a final rule.

Common Maine agencies that conduct rulemaking:

• Maine Department of Environmental Protection (DEP)
• Maine Department of Health and Human Services (DHHS)
• Maine Department of Labor
• Maine Bureau of Insurance
• Maine Department of Professional and Financial Regulation
• Maine Public Utilities Commission (PUC)
• Maine Department of Education
• Maine Department of Agriculture, Conservation, and Forestry
• Maine Department of Inland Fisheries and Wildlife
• Maine Board of Environmental Protection
• Maine Department of Marine Resources
• Maine Department of Transportation

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rule

☐ Identified the agency, rule chapter/section number, and docket/filing reference

☐ Confirmed the comment period deadline (at least 30 days from notice publication)

☐ Confirmed whether this is a "routine technical" rule or "major substantive" rule

☐ Reviewed the agency's basis statement and fiscal impact statement (if available)

☐ Reviewed the agency's statutory authority for the proposed rule

☐ Identified all rule sections you wish to comment on

☐ Prepared specific alternative language recommendations (where applicable)

☐ Compiled supporting data, studies, or legal authorities

☐ Confirmed the submission method (mail, email, online portal) accepted by the agency

☐ Determined whether to request a public hearing (if one has not been scheduled)

☐ Calendared the comment deadline and any public hearing date

☐ Verified the correct contact person at the agency for rule comments

COMMENT LETTER

[__/__/____]

[________________________________]
[Title / Rulemaking Contact]
[________________________________] (Agency Name)
[________________________________]
[________________________________], ME [____]

☐ Via U.S. Mail
☐ Via Email: [________________________________]
☐ Via Agency Online Portal
☐ Via Hand Delivery

Re: Comments on Proposed Rulemaking
Agency: [________________________________]
Rule Chapter/Number: [________________________________]
Rule Title: [________________________________]
Secretary of State Filing No.: [________________________________]
Date of Notice: [__/__/____]
Comment Period Deadline: [__/__/____]
Rule Type: ☐ Routine Technical ☐ Major Substantive ☐ Emergency ☐ Other

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

Name/Organization: [________________________________]
Contact Person: [________________________________]
Title: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], ME [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Nature of Interest in This Rulemaking:

[Describe your interest, including whether you are a regulated entity, industry association, consumer advocacy group, affected individual, governmental entity, or other interested party. Explain how the proposed rule would affect you or your organization.]

[________________________________]
[________________________________]
[________________________________]

II. EXECUTIVE SUMMARY OF COMMENTS

[Provide a concise summary of your principal comments and recommendations. Number each recommendation for ease of reference.]

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

III. DETAILED COMMENTS BY RULE SECTION

Comment 1: [Rule Section [________________________________]]

Proposed Rule Text at Issue:

[Quote or paraphrase the specific rule language you are commenting on]

Nature of Comment: ☐ Support ☐ Opposition ☐ Modification Recommended ☐ Clarification Needed ☐ Technical Correction

Comment:

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

Recommended Alternative Language:

[Provide specific alternative regulatory language, if applicable. Use strikethrough for deletions and bold for additions.]

[________________________________]
[________________________________]

Supporting Data/Authority:

[________________________________]
[________________________________]

Comment 2: [Rule Section [________________________________]]

Proposed Rule Text at Issue:

[Quote or paraphrase]

Nature of Comment: ☐ Support ☐ Opposition ☐ Modification Recommended ☐ Clarification Needed ☐ Technical Correction

Comment:

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

Recommended Alternative Language:

[________________________________]

Supporting Data/Authority:

[________________________________]

Comment 3: [Rule Section [________________________________]]

Proposed Rule Text at Issue:

[Quote or paraphrase]

Nature of Comment: ☐ Support ☐ Opposition ☐ Modification Recommended ☐ Clarification Needed ☐ Technical Correction

Comment:

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

Recommended Alternative Language:

[________________________________]

Supporting Data/Authority:

[________________________________]

Comment 4: [Rule Section [________________________________]]

Proposed Rule Text at Issue:

[Quote or paraphrase]

Nature of Comment: ☐ Support ☐ Opposition ☐ Modification Recommended ☐ Clarification Needed ☐ Technical Correction

Comment:

[________________________________]
[________________________________]
[________________________________]

Recommended Alternative Language:

[________________________________]

Supporting Data/Authority:

[________________________________]

IV. GENERAL COMMENTS

A. Statutory Authority

[Address whether the proposed rule is within the agency's statutory authority under the enabling statute and 5 M.R.S. §§ 8051-8064. Identify any concerns that the rule exceeds the agency's authority.]

[________________________________]
[________________________________]
[________________________________]

B. Economic and Fiscal Impact

[Address the economic impact of the proposed rule on affected parties, including compliance costs, operational burden, and any disproportionate impact on small businesses or individuals.]

[________________________________]
[________________________________]
[________________________________]

C. Clarity and Administrability

[Address whether the proposed rule language is clear, unambiguous, and capable of consistent administration. Identify any vague or confusing provisions.]

[________________________________]
[________________________________]
[________________________________]

D. Consistency with Other Laws and Rules

[Address whether the proposed rule is consistent with other Maine statutes, rules, or federal requirements. Identify any conflicts.]

[________________________________]
[________________________________]

E. Public Health, Safety, and Welfare

[Address the impact of the proposed rule on public health, safety, and welfare interests.]

[________________________________]
[________________________________]

V. COMMON ISSUES CHECKLIST

Review the proposed rule for the following common issues:

☐ Does the rule exceed the agency's statutory authority?
☐ Is the rule consistent with the enabling statute?
☐ Does the rule create an unfunded mandate on local governments or private parties?
☐ Is the rule unnecessarily burdensome or duplicative of existing requirements?
☐ Does the rule contain vague or undefined terms?
☐ Does the rule provide adequate notice and fair procedure to affected parties?
☐ Does the rule consider less restrictive alternatives?
☐ Is the rule consistent with federal law and regulations?
☐ Does the rule adequately consider the impact on small businesses?
☐ Is the effective date reasonable to allow for compliance?
☐ Does the rule comply with the procedural requirements of 5 M.R.S. §§ 8051-8064?
☐ For major substantive rules: Has the agency properly categorized this rule?

VI. REQUEST FOR PUBLIC HEARING

☐ The undersigned requests that the agency hold a public hearing on the proposed rule pursuant to 5 M.R.S. § 8053, if one has not already been scheduled.

☐ The undersigned intends to present oral testimony at the scheduled public hearing on [__/__/____].

☐ The undersigned requests an extension of the comment period. Reason: [________________________________]

VII. SUPPORTING EXHIBITS

VIII. CONCLUSION

[Summarize your principal recommendations and request that the agency give due consideration to these comments before adopting the final rule.]

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

We respectfully request that the agency consider these comments, adopt the specific amendments recommended herein, and provide a written response addressing these comments in its basis statement accompanying the final rule. We are available for further consultation and technical assistance at the contact information provided above.

IX. CERTIFICATION

I certify that the information provided in this comment letter is true and correct to the best of my knowledge and belief, and that I am authorized to submit these comments on behalf of the above-named individual or organization.

X. SIGNATURE

Respectfully submitted,

_________________________________
[________________________________] (Name)
[________________________________] (Title)
[________________________________] (Organization)
[________________________________] (Address)
[________________________________], ME [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address]
• Email comments to: [Agency contact email]
• Online submission: Check the agency's website and the Maine Secretary of State's rulemaking portal at https://www.maine.gov/sos/cec/rules/
• Deadline: Comments must be received by [__/__/____] (at least 30 days from the date of notice publication)
• Public hearing: If scheduled, attend and present oral comments. Request a hearing under 5 M.R.S. § 8053 if one has not been scheduled and you have the required number of interested persons.
• Retain a copy of your comment letter and proof of submission for your records.
• Follow up: Monitor the Secretary of State's website for the agency's final rulemaking order. For major substantive rules, monitor the legislative review process.

This template was prepared for use in Maine rulemaking proceedings under 5 M.R.S. §§ 8051-8064. It must be reviewed and customized by a qualified attorney licensed in Maine before use. Always confirm agency-specific submission requirements and deadlines before filing.