APA Comment Letter (General)

APA COMMENT LETTER — PROPOSED RULEMAKING

State of North Carolina — North Carolina Administrative Procedure Act (N.C. Gen. Stat. § 150B-21.2)

NORTH CAROLINA RULEMAKING COMMENT PROCESS — KEY INFORMATION

Governing law: North Carolina rulemaking is governed by N.C. Gen. Stat. §§ 150B-21.1 through 150B-21.14 (Article 2A of the APA). The rulemaking process involves agencies, the Office of Administrative Hearings (OAH), and the Rules Review Commission (RRC).

Notice requirements: Under N.C. Gen. Stat. § 150B-21.2, before adopting a permanent rule, an agency must publish the text of the proposed rule in the North Carolina Register. The notice must include the statutory authority, the proposed effective date, the text of the proposed rule, and the person to whom and period during which written comments may be submitted.

Comment period: North Carolina provides one of the longer comment periods among the states. The agency must accept written comments for at least 60 days after the notice is published in the North Carolina Register. The agency must also hold at least one public hearing during this period.

North Carolina Register: The North Carolina Register is published twice a month by the Office of Administrative Hearings. It contains notices of proposed rulemaking, adopted rules, executive orders, and other administrative actions. It is available online through the OAH website.

Rules Review Commission (RRC): Under § 150B-21.3, after an agency adopts a permanent rule, the rule must be submitted to the RRC for review. The RRC reviews rules for compliance with the APA and the agency's statutory authority. If the RRC receives written objections from 10 or more persons, additional review procedures apply. The RRC can approve, object to, or return rules to the agency.

Fiscal impact analysis: Under § 150B-21.4 and § 150B-19.1, agencies must analyze the fiscal impact of proposed rules, including impact on state and local government expenditures and on the regulated community.

Legislative review: Rules approved by the RRC are subject to legislative review. The General Assembly can disapprove rules through legislation.

ABOUT THIS DOCUMENT

This template provides a formal comment letter for submitting written comments on proposed rulemaking by a North Carolina state agency under the North Carolina APA. Comments submitted during the 60-day comment period become part of the rulemaking record.

Common North Carolina agencies that conduct rulemaking:

• North Carolina Department of Health and Human Services (DHHS)
• North Carolina Department of Environmental Quality (DEQ)
• North Carolina Department of Insurance (DOI)
• North Carolina Department of Revenue (DOR)
• North Carolina Department of Labor
• North Carolina Department of Transportation (NCDOT)
• North Carolina Department of Public Safety
• North Carolina Department of Agriculture and Consumer Services
• North Carolina Department of Administration
• North Carolina Public Utilities Commission
• North Carolina Board of Nursing
• North Carolina Medical Board
• North Carolina Board of Pharmacy
• Various occupational licensing boards
• North Carolina Department of Public Instruction

PREPARATION CHECKLIST

Before submitting your comment letter, verify the following:

☐ Obtained and reviewed the full text of the proposed rule

☐ Reviewed the North Carolina Register notice (publication date, volume, and issue number)

☐ Identified the agency, NCAC (North Carolina Administrative Code) citation, and Register reference

☐ Confirmed the 60-day comment period deadline

☐ Confirmed the date and location of the required public hearing

☐ Reviewed the agency's fiscal impact analysis and regulatory impact analysis

☐ Reviewed the agency's statutory authority for the proposed rule (N.C. Gen. Stat. § 150B-21.1)

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

☐ Prepared specific alternative language recommendations (where applicable)

☐ Compiled supporting data, studies, or legal authorities

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

☐ Determined whether to submit written objections to the RRC after rule adoption (10+ persons trigger additional review)

☐ Calendared the comment deadline and public hearing date

☐ Verified the correct contact person at the agency for comments

COMMENT LETTER

[__/__/____]

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

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

Re: Comments on Proposed Permanent Rulemaking
Agency: [________________________________]
NCAC Citation: [____] NCAC [____].[____]
Rule Title/Subject: [________________________________]
North Carolina Register Notice Date: [__/__/____]
Register Volume/Issue: Vol. [____], Issue [____]
Comment Period Deadline: [__/__/____] (60 days from publication)
Public Hearing Date: [__/__/____]
Public Hearing Location: [________________________________]

Dear [________________________________]:

I. IDENTIFICATION OF COMMENTER

The following comments are submitted on behalf of:

Name/Organization: [________________________________]
Contact Person: [________________________________]
Title: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], NC [____]
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, local government, 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: [NCAC [________________________________]]

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: [NCAC [________________________________]]

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: [NCAC [________________________________]]

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: [NCAC [________________________________]]

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 rulemaking authority under N.C. Gen. Stat. § 150B-21.1. The RRC will review this issue, and commenters should raise any concerns about excess of authority during the comment period.]

[________________________________]
[________________________________]
[________________________________]

B. Fiscal and Regulatory Impact Analysis

[Address the agency's fiscal impact analysis and regulatory impact analysis. Comment on costs to state and local government, the regulated community, and whether the agency considered less burdensome alternatives. Under § 150B-19.1, agencies must consider various factors including costs and benefits.]

[________________________________]
[________________________________]
[________________________________]

C. Economic and Compliance Impact

[Address the economic impact on regulated entities, small businesses, and the public.]

[________________________________]
[________________________________]
[________________________________]

D. Clarity and Administrability

[Address whether the proposed rule language is clear, unambiguous, and capable of consistent administration. Vague or ambiguous rules are subject to objection by the RRC.]

[________________________________]
[________________________________]

E. Consistency with Other Laws

[Address consistency with other North Carolina statutes, NCAC provisions, and federal requirements.]

[________________________________]
[________________________________]

F. Necessity

[Address whether the rule is reasonably necessary to implement or interpret the enacting legislation. Under § 150B-21.9, the RRC must determine whether a rule is within the agency's authority and is clear, unambiguous, and reasonably necessary.]

[________________________________]
[________________________________]

V. COMMON ISSUES CHECKLIST

☐ Does the rule exceed the agency's statutory authority (§ 150B-21.1)?
☐ Is the rule consistent with the enabling statute?
☐ Does the rule comply with the procedural requirements of § 150B-21.2?
☐ Is the rule clear and unambiguous (RRC review standard)?
☐ Is the rule reasonably necessary to implement the statute (§ 150B-21.9)?
☐ Has the agency prepared an adequate fiscal impact analysis?
☐ Does the rule create an unfunded mandate on local governments?
☐ 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?
☐ Will the rule likely trigger objections from 10+ persons to the RRC (§ 150B-21.3)?

VI. REQUEST FOR HEARING INFORMATION OR EXTENSION

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

☐ The undersigned requests that the agency provide additional information about the proposed rule, including detailed fiscal analysis.

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

☐ The undersigned intends to submit written objections to the Rules Review Commission after rule adoption if concerns are not addressed.

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. If the agency proceeds to adopt the rule without addressing these concerns, we reserve the right to submit written objections to the Rules Review Commission under N.C. Gen. Stat. § 150B-21.3. 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)
[________________________________], NC [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Date: [__/__/____]

SUBMISSION INSTRUCTIONS

• Mail comments to: [Agency name and address]
• Email comments to: [Agency contact email]
• North Carolina Register: Monitor the North Carolina Register at https://www.oah.nc.gov/rules-division/north-carolina-register for proposed rules and notices
• OAH website: The Office of Administrative Hearings publishes rulemaking information at https://www.oah.nc.gov/
• Public hearing: Attend and present oral comments at the required public hearing
• Deadline: Written comments must be received within 60 days of publication in the North Carolina Register
• RRC objections: After rule adoption, written objections from 10 or more persons to the RRC trigger additional review under § 150B-21.3. Objections must be submitted to the RRC by 5:00 PM on the specified deadline.
• Retain a copy of your comment letter and proof of submission
• Follow up: Monitor the North Carolina Register, the RRC website, and the General Assembly for rule approval, objection, or legislative review

This template was prepared for use in North Carolina rulemaking proceedings under N.C. Gen. Stat. § 150B-21.2. North Carolina provides a 60-day comment period — longer than most states — and requires at least one public hearing. After adoption, rules undergo RRC review. This template must be reviewed and customized by a qualified attorney licensed in North Carolina before use.