APA Comment Letter (General)

PUBLIC COMMENT ON PROPOSED RULEMAKING

OHIO ADMINISTRATIVE PROCEDURE ACT — ORC § 119.03

RULEMAKING INFORMATION

COMMENT LETTER

Date: [__/__/____]

Via: ☐ U.S. Mail ☐ Email ☐ Electronic submission ☐ Hand delivery ☐ Facsimile

[Agency Name]
[________________________________]
Attn: [________________________________]
[________________________________]
[________________________________]
[City, State ZIP]

Email (if applicable): [________________________________]

Copy to:
Joint Committee on Agency Rule Review (JCARR)
77 South High Street, Concourse Level
Columbus, Ohio 43215

Re: Notice of Proposed Rulemaking

• Register of Ohio Filing Date: [__/__/____]
• Rule Number(s): Ohio Admin. Code [________________________________]
• Agency: [________________________________]
• Proposed Rule Title/Subject: [________________________________]
• Public Hearing Date: [__/__/____]
• Comment Deadline: [__/__/____]

Dear [________________________________] (Agency Contact / Rules Coordinator):

I. IDENTIFICATION OF COMMENTER

1. The following comment is submitted by [________________________________] ("Commenter") regarding the above-referenced proposed rulemaking filed with the Register of Ohio on [__/__/____].

2. Commenter is a ☐ individual / ☐ business entity / ☐ trade or professional association / ☐ nonprofit organization / ☐ governmental entity / ☐ law firm / ☐ other: [________________________________].

3. Commenter's address is [________________________________], [________________________________], Ohio [____].

4. Contact person: [________________________________]
   - Telephone: [________________________________]
   - Email: [________________________________]

5. Commenter's interest in this rulemaking: [________________________________]

II. EXECUTIVE SUMMARY OF COMMENTS

6. Commenter respectfully submits the following principal comments and recommendations:

a. Comment 1: [________________________________]

b. Comment 2: [________________________________]

c. Comment 3: [________________________________]

d. Comment 4: [________________________________]

III. DETAILED COMMENTS AND ANALYSIS

A. Comment on Proposed Ohio Admin. Code § [________________________________]

7. Proposed Rule Text (Section/Subsection): [________________________________]

8. Specific Concern: [________________________________]

9. Legal Authority Analysis:

a. The proposed rule ☐ exceeds / ☐ is consistent with / ☐ is in tension with the Agency's statutory authority under ORC § [________________________________].

b. Under ORC § 119.03(A), a rule must be adopted in accordance with the agency's enabling statute. The proposed rule [________________________________].

c. JCARR may invalidate a rule that exceeds the agency's statutory authority, conflicts with the legislative intent of the enabling statute, or conflicts with another rule (ORC § 106.021). The proposed rule [________________________________].

10. Impact Analysis:

a. Economic impact: [________________________________]

b. Regulatory burden: [________________________________]

c. Impact on small businesses: [________________________________]

d. Impact on local governments: [________________________________]

e. Cost of compliance vs. regulatory benefit: [________________________________]

11. Recommended Change: [________________________________]

12. Supporting Data/Evidence: [________________________________]

B. Comment on Proposed Ohio Admin. Code § [________________________________]

13. Proposed Rule Text: [________________________________]

14. Specific Concern: [________________________________]

15. Legal Authority Analysis: [________________________________]

16. Impact Analysis: [________________________________]

17. Recommended Change: [________________________________]

18. Supporting Data/Evidence: [________________________________]

C. Comment on Proposed Ohio Admin. Code § [________________________________]

19. Proposed Rule Text: [________________________________]

20. Specific Concern: [________________________________]

21. Legal Authority Analysis: [________________________________]

22. Impact Analysis: [________________________________]

23. Recommended Change: [________________________________]

24. Supporting Data/Evidence: [________________________________]

IV. PROPOSED ALTERNATIVE RULE LANGUAGE (IF APPLICABLE)

25. Commenter proposes the following alternative language:

Current Proposed Language:

[________________________________]

Commenter's Recommended Language:

[________________________________]

Explanation of Changes: [________________________________]

V. COMMENTS ON THE AGENCY'S FISCAL ANALYSIS AND BUSINESS IMPACT ANALYSIS

26. ORC § 119.03(A) requires agencies to prepare a fiscal analysis and business impact analysis for proposed rules. Commenter provides the following comments:

a. ☐ The agency's fiscal analysis accurately reflects the costs
b. ☐ The agency's fiscal analysis understates costs because: [________________________________]
c. ☐ The business impact analysis does not adequately address the impact on: [________________________________]
d. ☐ The Common Sense Initiative (CSI) review did not adequately consider: [________________________________]
e. ☐ Additional economic data: [________________________________]

VI. FIVE-YEAR RULE REVIEW COMMENTS (IF APPLICABLE)

27. If this rulemaking is part of the five-year rule review under ORC § 119.032, Commenter provides the following comments:

a. ☐ The rule should be continued without amendment because: [________________________________]
b. ☐ The rule should be amended as follows: [________________________________]
c. ☐ The rule should be rescinded because: [________________________________]
d. ☐ The rule is outdated and no longer necessary because: [________________________________]
e. ☐ The rule duplicates other regulatory requirements at: [________________________________]

VII. JCARR REVIEW CRITERIA

28. Commenter requests that JCARR review the proposed rule under the following criteria (ORC § 106.021):

a. ☐ The rule exceeds the agency's statutory authority
b. ☐ The rule conflicts with the legislative intent of the enabling statute
c. ☐ The rule conflicts with another rule of the same or another agency
d. ☐ The rule imposes an undue hardship on those it affects
e. ☐ The rule is unclear or ambiguous
f. ☐ Other concerns for JCARR consideration: [________________________________]

VIII. REQUEST TO TESTIFY AT PUBLIC HEARING

29. ☐ Commenter requests to testify at the public hearing scheduled for [__/__/____] at [________________________________] (location).

a. Estimated testimony length: [____] minutes
b. Topics to be addressed: [________________________________]
c. ☐ Written testimony will be submitted in advance

IX. CONCLUSION

30. For the foregoing reasons, Commenter respectfully requests that the Agency:

a. ☐ Withdraw the proposed rule in its entirety
b. ☐ Adopt the proposed rule with the modifications recommended herein
c. ☐ Repropose the rule with changes and provide a new comment period
d. ☐ Extend the comment period
e. ☐ Other: [________________________________]

31. Commenter appreciates the opportunity to participate in this rulemaking and is available to provide additional information or testimony.

Respectfully submitted,

________________________________________
[Name]
[Title]
[Organization]
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Telephone]
[Email]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

☐ Identify the proposed rule on the Register of Ohio website (registerofohio.state.oh.us)
☐ Verify the comment deadline and public hearing date
☐ Obtain the full text of the proposed rule from the Register of Ohio
☐ Review the agency's rule summary and fiscal analysis
☐ Review the business impact analysis
☐ Review the Common Sense Initiative (CSI) recommendation (if applicable)
☐ Identify all sections of the proposed rule that affect your interests
☐ Research the agency's statutory authority under the Ohio Revised Code
☐ Determine whether this is a new rule, amendment, or five-year review
☐ Gather supporting data, economic analyses, and expert opinions
☐ Draft specific recommended changes with alternative rule language
☐ Consider submitting a copy of comments to JCARR
☐ If planning to testify at the public hearing, register with the agency
☐ Retain a dated copy of the submitted comment and proof of delivery

COMMON ISSUES CHECKLIST

☐ Statutory Authority — Does the agency have authority to adopt the proposed rule?
☐ Legislative Intent — Is the proposed rule consistent with the legislative intent?
☐ JCARR Criteria — Does the rule meet the criteria for JCARR approval?
☐ Constitutional Issues — Does the proposed rule raise constitutional concerns?
☐ Vagueness — Are the requirements clear and definite?
☐ Consistency — Is the proposed rule consistent with other rules and statutes?
☐ Federal Preemption — Does the proposed rule conflict with federal law?
☐ Economic Impact — Are costs reasonable relative to the regulatory benefit?
☐ Small Business Impact — Has the agency minimized the burden on small businesses?
☐ Five-Year Review — If applicable, has the rule been adequately reviewed for continued necessity?
☐ Enforceability — Are compliance obligations practical and enforceable?
☐ Effective Date — Is the implementation timeline reasonable?
☐ Recordkeeping — Are reporting and documentation requirements reasonable?

OHIO RULEMAKING PROCESS OVERVIEW

1. Proposal — Agency files proposed rule, fiscal analysis, and rule summary with Secretary of State, JCARR, and LSC; published in Register of Ohio
2. Common Sense Initiative (CSI) Review — For rules with business impact, agency submits to CSI for review before filing
3. Public Comment Period — Typically 30 days; agency sets the specific deadline
4. Public Hearing — Required between 31 and 40 days after filing with JCARR
5. JCARR Review — JCARR has 65 days of jurisdiction from original filing (or 30 days from refiling) to review and potentially recommend invalidation
6. Agency Adoption — Agency files final rule with LSC for codification in the Ohio Administrative Code
7. Five-Year Review — All rules must be reviewed every 5 years under ORC § 119.032; agencies must determine whether to continue, amend, or rescind each rule
8. Effective Date — Rule takes effect 10 days after filing the final rule (unless a different effective date is specified by statute)

SOURCES AND REFERENCES

• Ohio Administrative Procedure Act: ORC Chapter 119
• Rulemaking Procedures: ORC § 119.03
• Five-Year Rule Review: ORC § 119.032
• Joint Committee on Agency Rule Review (JCARR): ORC §§ 106.021-106.031
• Register of Ohio: https://www.registerofohio.state.oh.us/
• Ohio Administrative Code: https://codes.ohio.gov/ohio-administrative-code
• JCARR: https://www.jcarr.state.oh.us/
• RuleWatch Ohio: https://www.rulewatchohio.gov/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified attorney licensed in Ohio.