APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of Michigan — Michigan Administrative Procedures Act (MCL 24.241-24.264)

MICHIGAN RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: Michigan rulemaking is governed by MCL 24.241 through 24.264 of the Michigan Administrative Procedures Act of 1969. The Michigan Office of Administrative Hearings and Rules (MOAHR) within the Department of Licensing and Regulatory Affairs (LARA) manages the rulemaking process.

Notice requirements: Under MCL 24.241-24.242, before adopting a rule, an agency must give notice of a public hearing and offer persons an opportunity to present data, views, questions, and arguments. The notice must be published in the Michigan Register and include the statutory authority, time and place of public hearing, and the manner in which comments may be submitted.

Comment period: Agencies must provide the opportunity for written comments. The public hearing on proposed rules must occur not less than 30 days after notice is published in the Michigan Register.

Michigan Register: The Michigan Register is published by MOAHR and contains notices of proposed rules, adopted rules, and other administrative actions. It is available online through the Michigan Legislature and LARA websites.

JCAR review: Under MCL 24.251, the Joint Committee on Administrative Rules (JCAR) reviews proposed rules for compliance with the APA and the enabling statute. JCAR may object to rules it finds objectionable.

Regulatory impact statement (RIS): Under MCL 24.245a, agencies must prepare a regulatory impact statement for each proposed rule set, analyzing economic impact and alternatives.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a Michigan state agency under the Michigan Administrative Procedures Act. Comments submitted during the public comment period become part of the official rulemaking record.

Common Michigan agencies that conduct rulemaking:

• Michigan Department of Licensing and Regulatory Affairs (LARA)
• Michigan Department of Health and Human Services (MDHHS)
• Michigan Department of Environment, Great Lakes, and Energy (EGLE)
• Michigan Department of Insurance and Financial Services (DIFS)
• Michigan Department of Natural Resources (DNR)
• Michigan Department of Treasury
• Michigan Public Service Commission (MPSC)
• Michigan Department of Agriculture and Rural Development (MDARD)
• Michigan Department of Labor and Economic Opportunity (LEO)
• Michigan Department of Education
• Michigan Department of Transportation (MDOT)
• Professional licensing boards under LARA

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rule set

☐ Reviewed the Michigan Register notice (date and volume number)

☐ Identified the agency, rule set number, and MOAHR filing reference

☐ Confirmed the comment period deadline and public hearing date (at least 30 days from notice)

☐ Reviewed the agency's Regulatory Impact Statement (RIS) under MCL 24.245a

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

☐ Identified all rule sections you wish to comment on, citing specific R numbers

☐ Prepared specific alternative language recommendations (where applicable)

☐ Compiled supporting data, studies, or legal authorities

☐ Confirmed the submission method (mail, email, public hearing testimony) accepted by the agency

☐ Determined whether JCAR has raised any objections to the proposed rules

☐ Calendared the comment deadline and public hearing date

☐ Verified the correct MOAHR contact or agency contact for rule comments

COMMENT LETTER

[__/__/____]

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

☐ Via U.S. Mail
☐ Via Email: [________________________________]
☐ Via MOAHR/Agency Online Portal
☐ Via Hand Delivery
☐ Via Oral Testimony at Public Hearing on [__/__/____]

Re: Comments on Proposed Rulemaking
Agency: [________________________________]
Rule Set Number: [________________________________]
Rule Numbers (R numbers): [________________________________]
Rule Title/Subject: [________________________________]
Michigan Register Notice Date: [__/__/____]
Michigan Register Volume/Number: [________________________________]
Public Hearing Date: [__/__/____]
Comment Period Deadline: [__/__/____]

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

Name/Organization: [________________________________]
Contact Person: [________________________________]
Title: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MI [____]
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.]

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

III. DETAILED COMMENTS BY RULE SECTION

Comment 1: [Rule R [________________________________]]

Proposed Rule Text at Issue:

[Quote or paraphrase the specific rule language]

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

Comment:

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

Recommended Alternative Language:

[Provide specific alternative regulatory language, if applicable.]

[________________________________]
[________________________________]

Supporting Data/Authority:

[________________________________]
[________________________________]

Comment 2: [Rule R [________________________________]]

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 R [________________________________]]

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 R [________________________________]]

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 MCL 24.241 et seq. Identify any concerns that the rule exceeds the agency's delegated rulemaking authority.]

[________________________________]
[________________________________]
[________________________________]

B. Regulatory Impact Statement (RIS) Analysis

[Address the agency's Regulatory Impact Statement under MCL 24.245a. Comment on the adequacy of the economic impact analysis, cost-benefit assessment, and whether the agency considered less restrictive alternatives.]

[________________________________]
[________________________________]
[________________________________]

C. Economic and Compliance Impact

[Address the economic impact on regulated entities, small businesses, and the public. Include compliance costs, operational burden, and any disproportionate effects.]

[________________________________]
[________________________________]
[________________________________]

D. Clarity and Administrability

[Address whether the proposed rule language is clear, unambiguous, and capable of consistent administration.]

[________________________________]
[________________________________]

E. Consistency with Other Laws and Rules

[Address consistency with other Michigan statutes, administrative rules, and federal requirements.]

[________________________________]
[________________________________]

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 comply with the procedural requirements of MCL 24.241-24.264?
☐ Has the agency prepared an adequate Regulatory Impact Statement (MCL 24.245a)?
☐ Does the rule create an unfunded mandate on local governments or private parties?
☐ Is the rule unnecessarily burdensome or duplicative?
☐ Does the rule contain vague or undefined terms?
☐ 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 for compliance?
☐ Has JCAR raised any objections to the proposed rules?

VI. REQUEST FOR HEARING OR EXTENSION

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

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

☐ The undersigned requests that JCAR review the proposed rule for compliance with MCL 24.251.

VII. SUPPORTING EXHIBITS

VIII. CONCLUSION

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

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

We respectfully request that the agency consider these comments, adopt the specific amendments recommended herein, and provide a written response addressing the issues raised. 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)
[________________________________], MI [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address] or MOAHR
• Email comments to: [Agency contact email]
• Online submission: Check the MOAHR website and the Michigan Register at https://ars.apps.lara.state.mi.us/
• Public hearing: Attend and present oral testimony at the noticed date, time, and location
• Deadline: Comments must be received by the comment period deadline published in the Michigan Register
• Retain a copy of your comment letter and proof of submission for your records
• Follow up: Monitor the Michigan Register for the agency's final order of rulemaking and JCAR activity

This template was prepared for use in Michigan rulemaking proceedings under MCL 24.241-24.264. It must be reviewed and customized by a qualified attorney licensed in Michigan before use. Always confirm agency-specific submission requirements, MOAHR procedures, and deadlines before filing.