APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of Mississippi — Mississippi Administrative Procedures Law (Miss. Code Ann. § 25-43-3.103 et seq.)

MISSISSIPPI RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: Mississippi rulemaking is governed by Miss. Code Ann. §§ 25-43-3.101 through 25-43-3.119 (Article 3 of the Mississippi Administrative Procedures Law). Agencies must follow these procedures when adopting, amending, or repealing rules.

Notice requirements: Under Miss. Code Ann. § 25-43-3.103, agencies must file a notice of proposed rule adoption with the Secretary of State at least 25 days before adopting a rule. The notice must include a short explanation of the purpose, the agency's reasons, the text of the proposed rule, and information on how to submit written comments.

Comment period: Under § 25-43-3.104, agencies must afford persons at least 25 days from the date of notice filing to submit written arguments, data, and views on the proposed rule.

Oral proceedings: An agency must hold an oral proceeding if requested within 20 days of notice filing by a political subdivision, another agency, or 10 or more persons (§ 25-43-3.104(3)).

Mississippi Administrative Bulletin: The Mississippi Administrative Bulletin is maintained by the Secretary of State and is updated within two business days of notice filings. Proposed rules, emergency rules, and final rules are published in the Bulletin and available online.

Economic impact statements: Under § 25-43-3.105, for rules imposing duties or responsibilities on persons, agencies must prepare an economic impact statement analyzing costs, benefits, and less costly alternatives. A concise summary must be filed at least 20 days before the comment period ends.

Rules effective date: Under § 25-43-3.113, each rule becomes effective 30 days after proper filing with the Secretary of State, unless a later date is specified or an earlier date is justified by imminent public danger.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a Mississippi state agency under the Mississippi Administrative Procedures Law. Comments submitted during the public comment period become part of the agency rulemaking record under § 25-43-3.107.

Common Mississippi agencies that conduct rulemaking:

• Mississippi State Department of Health (MSDH)
• Mississippi Department of Environmental Quality (MDEQ)
• Mississippi Department of Human Services (MDHS)
• Mississippi Insurance Department (MID)
• Mississippi Department of Employment Security (MDES)
• Mississippi Department of Finance and Administration (DFA)
• Mississippi Department of Revenue (DOR)
• Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP)
• Mississippi Department of Agriculture and Commerce
• Mississippi Public Service Commission (MPSC)
• Mississippi Department of Education
• Mississippi State Board of Medical Licensure
• Mississippi Board of Nursing
• Mississippi Real Estate Commission
• Mississippi Secretary of State — business regulation

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rule

☐ Identified the agency, rule title/number, and Mississippi Administrative Bulletin reference

☐ Confirmed the comment period deadline (at least 25 days from notice filing with Secretary of State)

☐ Reviewed the agency's short explanation of purpose and reasons for the proposed rule

☐ Reviewed the agency's economic impact statement (if applicable under § 25-43-3.105)

☐ 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 accepted by the agency (mail, email, delivery)

☐ Determined whether to request an oral proceeding (requires 10+ persons, political subdivision, or another agency)

☐ Calendared the comment deadline and any oral proceeding date

☐ Verified the correct contact person at the agency for comments

COMMENT LETTER

[__/__/____]

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

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

Re: Comments on Proposed Rulemaking
Agency: [________________________________]
Rule Number/Title: [________________________________]
Mississippi Administrative Code Citation: [________________________________]
Mississippi Administrative Bulletin Notice Date: [__/__/____]
Secretary of State Filing Date: [__/__/____]
Comment Period Deadline: [__/__/____]
Oral Proceeding: ☐ Requested ☐ Scheduled — Date: [__/__/____] ☐ Not Requested

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

Name/Organization: [________________________________]
Contact Person: [________________________________]
Title: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MS [____]
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: [Rule 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: [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. Identify any concerns that the rule exceeds the agency's delegated rulemaking authority.]

[________________________________]
[________________________________]
[________________________________]

B. Economic Impact Statement Review

[Address the agency's economic impact statement under § 25-43-3.105. Comment on the adequacy of the cost-benefit analysis, whether less costly alternatives were considered, and the impact on regulated parties.]

[________________________________]
[________________________________]
[________________________________]

C. Impact on Small Businesses and Individuals

[Address the economic burden on small businesses, individuals, and other affected parties. Include compliance costs and operational impact.]

[________________________________]
[________________________________]
[________________________________]

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 Mississippi statutes, administrative rules, and federal requirements.]

[________________________________]
[________________________________]

F. Public Health, Safety, and Welfare

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

[________________________________]
[________________________________]

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 notice and comment requirements of § 25-43-3.103 and § 25-43-3.104?
☐ Has the agency prepared an adequate economic impact statement (§ 25-43-3.105)?
☐ Has the concise summary been filed at least 20 days before the comment period ends?
☐ 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 costly or less restrictive alternatives?
☐ Is the rule consistent with federal law and regulations?
☐ Is the effective date (30 days after filing) reasonable for compliance?
☐ Does the rule comply with the Mississippi Small Business Regulatory Flexibility Act (§§ 25-43-4.101-4.109)?

VI. REQUEST FOR ORAL PROCEEDING OR EXTENSION

☐ The undersigned, together with [____] other persons (10 or more required), requests that the agency conduct an oral proceeding on the proposed rule pursuant to § 25-43-3.104(3).

☐ The undersigned, as a representative of [political subdivision / another agency], requests an oral proceeding.

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

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

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 rulemaking record. 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)
[________________________________], MS [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address]
• Email comments to: [Agency contact email]
• Online: Check the Mississippi Administrative Bulletin at the Secretary of State's website: https://www.sos.ms.gov/
• Oral proceeding: If requested and granted, attend and present oral testimony at the noticed date, time, and location
• Deadline: Written comments must be received within the 25-day comment period (at least 25 days from notice filing)
• Request for oral proceeding: Must be made within 20 days of notice filing by a political subdivision, another agency, or 10 or more persons
• Retain a copy of your comment letter and proof of submission
• Follow up: Monitor the Mississippi Administrative Bulletin for the final rule adoption notice. Rules become effective 30 days after filing with the Secretary of State.

This template was prepared for use in Mississippi rulemaking proceedings under Miss. Code Ann. §§ 25-43-3.101-3.119. It must be reviewed and customized by a qualified attorney licensed in Mississippi before use. Note the 25-day comment period is shorter than many other states. Always confirm agency-specific submission requirements and deadlines before filing.