APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of Missouri — Missouri Administrative Procedure Act (Mo. Rev. Stat. § 536.021)

MISSOURI RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: Missouri rulemaking is governed by Mo. Rev. Stat. §§ 536.010-536.028. The Missouri Secretary of State oversees publication requirements through the Missouri Register and the Code of State Regulations (CSR).

Notice requirements: Under Mo. Rev. Stat. § 536.021, no rule may be proposed, adopted, amended, or rescinded unless the agency first files a notice of proposed rulemaking with the Secretary of State. The notice is published in the Missouri Register.

Comment period: The notice must provide that anyone may file a statement in support of or in opposition to the proposed rulemaking within a specified time not less than 30 days after publication in the Missouri Register. If a hearing is ordered, the hearing must occur not less than 30 days after publication.

Missouri Register: The Missouri Register is published twice monthly by the Secretary of State and contains notices of proposed rulemaking, final orders of rulemaking, and emergency rules. It is available online through the Secretary of State's website.

JCAR review: Under Mo. Rev. Stat. § 536.037, the Joint Committee on Administrative Rules (JCAR) reviews proposed and final rules for compliance with statutory authority and the APA. JCAR may suspend rules it finds objectionable.

Fiscal notes: Under § 536.024, agencies must prepare fiscal notes for rules that impose costs on political subdivisions or the state.

Small business impact: Under § 536.023, agencies must consider the impact of proposed rules on small businesses and prepare a small business regulatory fairness analysis when applicable.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a Missouri state agency under the Missouri APA. Comments filed during the comment period become part of the official rulemaking record.

Common Missouri agencies that conduct rulemaking:

• Missouri Department of Health and Senior Services (DHSS)
• Missouri Department of Natural Resources (DNR)
• Missouri Department of Commerce and Insurance (DCI)
• Missouri Department of Social Services (DSS)
• Missouri Department of Revenue (DOR)
• Missouri Department of Labor and Industrial Relations
• Missouri Department of Elementary and Secondary Education (DESE)
• Missouri Division of Professional Registration
• Missouri Public Service Commission (PSC)
• Missouri Department of Agriculture
• Missouri Department of Conservation
• Missouri Department of Transportation (MoDOT)
• Missouri Clean Air Commission / Clean Water Commission

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rule (from the Missouri Register or the agency)

☐ Identified the agency, CSR rule number (Title, Division, Chapter), and Missouri Register citation

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

☐ Confirmed whether a public hearing has been ordered and, if so, the date and location

☐ Reviewed the agency's fiscal note (if applicable under § 536.024)

☐ Reviewed the agency's small business regulatory fairness analysis (if applicable under § 536.023)

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

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

☐ 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 JCAR has raised any objections to the proposed rules

☐ 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)
[________________________________]
[________________________________], MO [____]

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

Re: Comments on Proposed Rulemaking
Agency: [________________________________]
Rule Citation (CSR): [____] CSR [____]-[____].[____]
Rule Title/Subject: [________________________________]
Missouri Register Notice Date: [__/__/____]
Missouri Register Volume/Number: Vol. [____], No. [____]
Comment Period Deadline: [__/__/____]
Public Hearing: ☐ Ordered — Date: [__/__/____], Location: [________________________________] ☐ Not Ordered

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

Name/Organization: [________________________________]
Contact Person: [________________________________]
Title: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MO [____]
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, political subdivision, 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 SECTION

Comment 1: [CSR Section [________________________________]]

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: [CSR 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: [CSR 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: [CSR 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 and the scope of Mo. Rev. Stat. § 536.021.]

[________________________________]
[________________________________]
[________________________________]

B. Fiscal Impact and Small Business Analysis

[Address the fiscal impact on political subdivisions (§ 536.024), small business impact (§ 536.023), and the adequacy of the agency's fiscal note and small business analysis.]

[________________________________]
[________________________________]
[________________________________]

C. Economic and Compliance Impact

[Address the economic impact on regulated entities and the public, including compliance costs and operational burden.]

[________________________________]
[________________________________]
[________________________________]

D. Clarity and Administrability

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

[________________________________]
[________________________________]

E. Consistency with Other Laws

[Address consistency with other Missouri statutes, CSR provisions, and federal requirements.]

[________________________________]
[________________________________]

V. COMMON ISSUES CHECKLIST

☐ 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 Mo. Rev. Stat. § 536.021?
☐ Has the agency prepared an adequate fiscal note (§ 536.024)?
☐ Has the agency prepared a small business regulatory fairness analysis (§ 536.023)?
☐ Does the rule create an unfunded mandate on political subdivisions?
☐ 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?
☐ Is the effective date reasonable for compliance?
☐ Has JCAR raised any objections to the proposed rule?

VI. REQUEST FOR HEARING OR EXTENSION

☐ The undersigned requests that the agency order a public hearing on the proposed rule pursuant to Mo. Rev. Stat. § 536.021, if one has not been ordered.

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

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

☐ The undersigned requests that JCAR review the proposed rule under Mo. Rev. Stat. § 536.037.

VII. SUPPORTING EXHIBITS

VIII. CONCLUSION

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

We respectfully request that the agency consider these comments, adopt the specific amendments recommended herein, and address these issues in the final order of rulemaking. We are available for further consultation 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)
[________________________________], MO [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address] and/or the Secretary of State's Administrative Rules Division
• Email comments to: [Agency contact email]
• Online: Check the Missouri Secretary of State's website at https://www.sos.mo.gov/adrules for the Missouri Register and rulemaking information
• Public hearing: If ordered, attend and present oral testimony at the noticed date, time, and location
• Deadline: Written statements must be filed within the time specified in the notice (at least 30 days from Missouri Register publication)
• Retain a copy of your comment letter and proof of submission
• Follow up: Monitor the Missouri Register for the final order of rulemaking and any JCAR activity under § 536.037

This template was prepared for use in Missouri rulemaking proceedings under Mo. Rev. Stat. § 536.021 et seq. It must be reviewed and customized by a qualified attorney licensed in Missouri before use. Always confirm agency-specific submission requirements and deadlines before filing.