APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of Minnesota — Minnesota Administrative Procedure Act (Minn. Stat. ch. 14)

MINNESOTA RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: Minnesota rulemaking is governed by Minn. Stat. ch. 14. The Minnesota Office of Administrative Hearings (OAH) plays a central role in the rulemaking process, particularly for contested or controversial rules.

Dual-track rulemaking: Minnesota has two primary rulemaking tracks:
- With hearing (Minn. Stat. §§ 14.14-14.20): Used when the agency chooses to hold a hearing or when 25 or more persons request one during the comment period. An OAH ALJ presides over the hearing.
- Without hearing (Minn. Stat. §§ 14.22-14.28): Used when no hearing is requested. The agency publishes a Notice of Intent to Adopt Rules and provides at least 30 days for written comment.

Request for Comments: Before formally proposing rules, agencies publish a Request for Comments in the Minnesota State Register inviting public input on the subjects and issues to be addressed. This is a preliminary step.

Comment period: The agency must provide at least 30 days after publication of the Notice of Intent to Adopt Rules (or Notice of Hearing) for written comments. During this period, any person may also request a hearing.

SONAR: Under Minn. Stat. § 14.15, the agency must prepare a Statement of Need and Reasonableness (SONAR) explaining why the proposed rules are needed and reasonable. The SONAR must be available before the comment period.

State Register: The Minnesota State Register is the official publication for rulemaking notices and is published by the Minnesota Office of the Revisor of Statutes. It is available online.

OAH review: For rules adopted through the hearing process, the OAH ALJ issues a report on the legality and reasonableness of the rules. For rules adopted without a hearing, OAH reviews the rules for compliance with procedural requirements.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a Minnesota state agency under the Minnesota APA. Comments become part of the rulemaking record and must be considered by the agency.

Common Minnesota agencies that conduct rulemaking:

• Minnesota Department of Health (MDH)
• Minnesota Pollution Control Agency (MPCA)
• Minnesota Department of Natural Resources (DNR)
• Minnesota Department of Human Services (DHS)
• Minnesota Department of Commerce
• Minnesota Department of Labor and Industry (DLI)
• Minnesota Department of Education
• Minnesota Department of Revenue
• Minnesota Public Utilities Commission (PUC)
• Minnesota Department of Agriculture
• Minnesota Department of Transportation (MnDOT)
• Minnesota Board of Water and Soil Resources
• Various professional licensing boards

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rules

☐ Reviewed the agency's Request for Comments (if published)

☐ Identified the agency, Minnesota Rules chapter/part numbers, and State Register citation

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

☐ Obtained and reviewed the agency's Statement of Need and Reasonableness (SONAR)

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

☐ Identified which rulemaking track is being used (with or without hearing)

☐ Identified all rule parts 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, hearing testimony) accepted by the agency

☐ Determined whether to request a public hearing (if within the 30-day period and 25+ persons are needed)

☐ Calendared the comment deadline and any hearing date

☐ Verified the correct contact person at the agency for comments

COMMENT LETTER

[__/__/____]

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

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

Re: Comments on Proposed Rulemaking
Agency: [________________________________]
Minnesota Rules Chapter/Parts: [________________________________]
Rule Title/Subject: [________________________________]
State Register Citation: Vol. [____], No. [____], dated [__/__/____]
Revisor's ID Number (R-number): [________________________________]
Rulemaking Track: ☐ With Hearing (§§ 14.14-14.20) ☐ Without Hearing (§§ 14.22-14.28)
Comment Period Deadline: [__/__/____]
Hearing Date (if applicable): [__/__/____]

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

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

[________________________________]
[________________________________]
[________________________________]

II. EXECUTIVE SUMMARY OF COMMENTS

[Provide a concise summary of your principal comments and recommendations.]

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

III. DETAILED COMMENTS BY RULE PART

Comment 1: [Minn. 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.]

[________________________________]
[________________________________]

Supporting Data/Authority:

[________________________________]
[________________________________]

Comment 2: [Minn. 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: [Minn. 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: [Minn. 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. COMMENTS ON THE SONAR

[Address the agency's Statement of Need and Reasonableness. Comment on whether the SONAR adequately demonstrates the need for the rules and the reasonableness of the specific approach chosen.]

A. Need for the Rules

[________________________________]
[________________________________]
[________________________________]

B. Reasonableness of the Approach

[________________________________]
[________________________________]
[________________________________]

C. Consideration of Alternatives

[________________________________]
[________________________________]

V. GENERAL COMMENTS

A. Statutory Authority

[Address whether the proposed rules are within the agency's statutory authority.]

[________________________________]
[________________________________]
[________________________________]

B. Economic Impact

[Address the economic impact on affected parties, compliance costs, and disproportionate impact on small entities.]

[________________________________]
[________________________________]
[________________________________]

C. Clarity and Administrability

[Address whether the rule language is clear and administrable.]

[________________________________]
[________________________________]

D. Consistency with Other Laws

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

[________________________________]
[________________________________]

VI. COMMON ISSUES CHECKLIST

☐ Does the rule exceed the agency's statutory authority?
☐ Is the rule consistent with the enabling statute?
☐ Has the agency prepared an adequate SONAR (Minn. Stat. § 14.15)?
☐ Does the SONAR demonstrate need and reasonableness?
☐ Has the agency considered less restrictive alternatives?
☐ Does the rule create an unfunded mandate?
☐ Is the rule unnecessarily burdensome or duplicative?
☐ Does the rule contain vague or undefined terms?
☐ 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?
☐ Does the rule comply with the procedural requirements of Minn. Stat. ch. 14?

VII. REQUEST FOR HEARING OR EXTENSION

☐ The undersigned, together with [____] other persons, requests that the agency hold a public hearing on the proposed rules pursuant to Minn. Stat. § 14.25 (25 or more persons required for rules proposed without a hearing).

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

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

VIII. SUPPORTING EXHIBITS

IX. CONCLUSION

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

We respectfully request that the agency consider these comments, adopt the specific amendments recommended herein, and address these comments in the record. We are available for further consultation at the contact information provided above.

X. 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.

XI. SIGNATURE

Respectfully submitted,

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

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address]
• Email comments to: [Agency contact email]
• State Register: Monitor the Minnesota State Register at https://www.revisor.mn.gov/state_register/ for rulemaking notices
• SONAR: Request the SONAR from the agency or review it online
• Deadline: Comments must be received by the comment period deadline (at least 30 days from notice)
• Hearing request: To request a hearing on rules proposed without a hearing, 25 or more persons must submit a request within the 30-day comment period
• Retain a copy of your comment letter and proof of submission
• Follow up: Monitor the State Register and OAH website for the ALJ's report (if hearing track) and the agency's final rulemaking order

This template was prepared for use in Minnesota rulemaking proceedings under Minn. Stat. ch. 14. It must be reviewed and customized by a qualified attorney licensed in Minnesota before use. Always confirm whether the rulemaking is proceeding with or without a hearing, and verify agency-specific submission requirements and deadlines.