Regulatory Comment Letter - Alabama

COMMENTS ON ALABAMA PROPOSED RULEMAKING

Filing Gate

This form assumes an ordinary adoption, amendment, or repeal governed by Ala. Code § 41-22-5(a). Emergency rules use the different findings and filing process in § 41-22-5(b). Check the agency's enabling law for additional requirements.

Section 41-22-5(a)(1) requires at least 35 days' notice and a notice period ending no fewer than 35 and no more than 90 days after publication in the Alabama Administrative Monthly. The notice must specify where and how interested persons may present their views. The actual notice controls the deadline, recipient, and permitted submission methods.

Date: [________________________________]

To: [AGENCY RULEMAKING CONTACT]

Agency: [________________________________]

Submission method/address: [________________________________]

Re: Comments on [TITLE OF PROPOSED ACTION], Ala. Admin. Code r. [CITATION]

Alabama Administrative Monthly citation: [________________________________]

Dear [RULEMAKING CONTACT]:

[COMMENTER LEGAL NAME] submits these comments on the proposed rulemaking identified above. These comments are submitted by the deadline and method stated in the official notice.

1. Commenter and Affected Interest

1. Commenter is a [resident / business / nonprofit / association / local government / other] located at [address].

2. Commenter's relevant activities are [describe operations, license, program participation, regulated conduct, or other interest].

3. The proposal would affect Commenter by [identify the cost, duty, benefit, procedure, license, reporting requirement, or other direct effect].

4. [NAME AND TITLE] is authorized to submit these comments for Commenter.

2. Requested Action

Commenter asks the Agency to:

1. [Adopt / revise / withdraw] proposed Ala. Admin. Code r. [citation];
2. Replace [quoted proposed language] with [exact replacement language];
3. Address the evidence in Exhibits [____]; and
4. [Take another action within the Agency's authority].

3. Enabling Authority and Notice

The notice cites [STATUTE AND SECTION] as authority and describes the proposal as [quote or accurately summarize the notice].

Section 41-22-5(a)(1) requires the notice to state the terms or substance of the intended action or describe the subjects and issues involved. It also requires disclosure of whether the proposed action relates to or affects litigation concerning its subject matter to which the Agency is a party.

Commenter submits that proposed Ala. Admin. Code r. [citation]:

☐ Fits the cited authority because [________________________________].

☐ Should be narrowed because [compare the proposed text with the statutory delegation].

☐ Raises a notice issue because [identify the omitted or unclear subject, issue, term, or litigation relationship].

Identify the exact notice text, proposed text, and statutory delegation. Do not substitute federal “logical outgrowth” terminology for Alabama's notice requirements.

4. Section-by-Section Comments

Comment 1 — [Short descriptive heading]

The proposal states: "[quote the proposed text]".

Commenter recommends: "[provide replacement text]".

The revision is warranted because [enabling authority, factual evidence, technical feasibility, administrative effect, unintended consequence, or other grounded reason]. Supporting material appears at Exhibit [____], page [____].

Comment 2 — [Short descriptive heading]

The proposal states: "[quote the proposed text]".

Commenter recommends: "[provide replacement text]".

The revision is warranted because [________________________________].

5. Cost and Business-Impact Evidence

Use this section to present reproducible evidence about implementation, reporting, recordkeeping, and other administrative costs.

Key assumptions: [wage rates, affected units, frequency, implementation period, data source, and uncertainty range].

Timely Business Notification Under § 41-22-5.1(c) — Optional

Complete this subsection only if Commenter is a business, the notice period remains open, and the proposed action will negatively affect the business.

☐ Commenter notifies the Agency before the end of the notice period that the proposed action will negatively impact its business.

Negative impact: [Describe the affected operations and quantify projected reporting, recordkeeping, and other administrative costs.]

Information supplied for the business impact analysis: [Number of affected businesses, cost assumptions, supporting data, and exhibits.]

Section 41-22-5.1(c) requires the Agency, upon timely notice from a negatively affected business, to prepare and submit to the committee referenced in the statute the business's information and a business impact analysis estimating affected businesses and projected reporting, recordkeeping, and other administrative costs. Under subsection (d), that committee may require analysis of less stringent requirements or schedules, consolidated or simplified requirements, or performance standards instead of design or operational standards.

Commenter asks the Agency and committee to evaluate the following lower-impact method: [________________________________].

6. Public Participation and Agency Consideration

Section 41-22-5(a)(2) requires a reasonable opportunity for interested persons to submit data, views, or arguments orally or in writing. It requires the Agency to consider fully all written and oral submissions concerning the proposal.

Commenter asks the Agency to consider:

1. The factual and technical material in Exhibits [____];
2. The cost evidence and assumptions in Section 5;
3. The redline-ready revisions in Section 4; and
4. [Other relevant submission].

If conflicting views are submitted and the Agency adopts the rule, § 41-22-5(a)(2) requires a concise statement of the principal reasons for and against adoption, including the Agency's reasons for overruling considerations urged against adoption. Commenter identifies the following principal consideration for that statement: [________________________________].

7. Oral Presentation and Other Procedural Requests

Section 41-22-5(a)(2) requires a reasonable opportunity for oral or written participation, but it does not state that one commenter may compel a public hearing.

☐ The notice offers oral presentation. Commenter requests a speaking slot of [____] minutes on [issues].

☐ The notice does not offer oral presentation. Commenter asks the Agency, as a discretionary matter or under [verified agency-specific authority], to provide an oral opportunity because [________________________________].

Commenter also requests that the Agency:

1. Confirm receipt at [email];
2. Consider the attached submissions under § 41-22-5(a)(2);
3. If conflicting views are submitted and the rule is adopted, issue the concise statement required by § 41-22-5(a)(2); and
4. [State another request grounded in the notice, enabling act, or agency rule].

Do not demand an automatic 60-day supplemental comment period. Do not add ex parte-disclosure language or a generic judicial-review reservation without separate authority applicable to the agency, action, and commenter.

8. Conclusion

For the reasons above, Commenter asks the Agency to [adopt, revise, or withdraw specified provisions] and use the exact revisions stated in Sections [____].

Please direct questions concerning this submission to [name, title, telephone, and email].

Respectfully submitted,

Signature: ______________________________

[Name]

[Title / organization]

[Address]

[Telephone / email]

Exhibit List

Filing Checklist

☐ Confirmed the action uses the ordinary § 41-22-5(a) process

☐ Read the complete official notice and proposed text

☐ Verified the agency's enabling statute and any additional procedure

☐ Confirmed the 35-to-90-day notice period, deadline, recipient, and submission methods

☐ Checked whether oral presentation is offered

☐ If using § 41-22-5.1(c), expressly notified the Agency before the notice period ended and supplied cost evidence

☐ Supported factual and cost claims with exhibits and reproducible calculations

☐ Removed unsupported federal terminology, automatic supplemental-period demands, ex parte language, and generic litigation reservations

☐ Retained proof of timely submission and receipt

Current Alabama Rulemaking Notes

• Ala. Code § 41-22-5(a)(1) uses a 35-to-90-day notice period measured from publication in the Alabama Administrative Monthly.
• Section 41-22-5(a)(2) requires reasonable oral-or-written participation and full consideration of submissions; the notice controls the actual presentation method.
• A single commenter has no general hearing-demand right in § 41-22-5.
• Section 41-22-5.1 does not impose a generic small-business certification. Its business impact analysis is triggered when a business timely notifies the Agency that the proposal will negatively affect it.

Official Sources

• Ala. Code § 41-22-5: https://alison.legislature.state.al.us/code-of-alabama?section=41-22-5
• Ala. Code § 41-22-5.1: https://alison.legislature.state.al.us/code-of-alabama?section=41-22-5.1