Regulatory Comment Letter - Delaware

PUBLIC COMMENT LETTER ON PROPOSED REGULATION

State of Delaware

Delaware Administrative Procedures Act, 29 Del. C. § 10115

COMMENT IDENTIFICATION

Delaware Register of Regulations Citation: [________________________________]

Proposed Regulation Title: [________________________________]

Proposing Agency: [________________________________]

Register Volume and Issue: [____] Del. Reg. [____]

Publication Date: [__/__/____]

Comment Period Deadline: [__/__/____]

Public Hearing Date (if scheduled): [__/__/____]

COMMENTER INFORMATION

Submitted By:

Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date of Submission: [__/__/____]

SUBMISSION INFORMATION

Submitted To:

Agency Name: [________________________________]

Division/Office: [________________________________]

Contact Person: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Method of Submission:

☐ Email
☐ U.S. Mail
☐ Hand Delivery
☐ Online Portal (if available)
☐ Oral Testimony at Public Hearing on [__/__/____]

I. EXECUTIVE SUMMARY

Dear [________________________________]:

[________________________________] ("Commenter") respectfully submits this public comment letter in response to the notice of proposed rulemaking published in the Delaware Register of Regulations on [__/__/____], in which [________________________________] (the "Agency") proposes to [adopt / amend / repeal] [________________________________] (the "Proposed Regulation").

This comment is submitted pursuant to the notice-and-comment provisions of the Delaware Administrative Procedures Act ("APA"), 29 Del. C. § 10115 et seq.

Summary of Key Points:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Overall Position:

☐ The Commenter supports the Proposed Regulation as written
☐ The Commenter supports the Proposed Regulation with modifications as described herein
☐ The Commenter opposes the Proposed Regulation for the reasons described herein
☐ The Commenter takes no position on the overall Proposed Regulation but offers specific comments on certain provisions

II. COMMENTER IDENTIFICATION AND INTEREST

A. Commenter Background

2.1 [________________________________] (describe the Commenter's organization, business, or role)

2.2 The Commenter has the following interest in this rulemaking:

☐ Directly regulated entity
☐ Industry association representing regulated entities
☐ Consumer/public interest organization
☐ Professional organization
☐ Individual with specific expertise
☐ Other: [________________________________]

B. Standing to Comment

2.3 The Proposed Regulation directly affects the Commenter because: [________________________________]

2.4 The Commenter has expertise relevant to this rulemaking in the following areas: [________________________________]

III. STATUTORY AND REGULATORY FRAMEWORK

A. APA Compliance Requirements

3.1 Under 29 Del. C. § 10115, whenever an agency proposes to formulate, adopt, amend, or repeal a regulation, it must file notice and full text of such proposals with the Registrar for publication in the Delaware Register of Regulations.

3.2 The notice must describe:

• The nature of the proceedings, including a brief synopsis of the subject, substance, and issues;
• A reference to the legal authority of the agency to act;
• Reference to any other regulations that may be impacted; and
• The manner in which persons may present their views. 29 Del. C. § 10115(a).

3.3 If a public hearing is to be held, notice must be published in at least two (2) Delaware newspapers of general circulation a minimum of twenty (20) days prior to the hearing and advertised electronically on a designated State of Delaware website at least twenty (20) days prior. 29 Del. C. § 10115(b).

B. Agency Authority

3.4 The Agency's rulemaking authority derives from: [________________________________] (cite enabling statute).

3.5 The Proposed Regulation purports to implement: [________________________________] (cite statutory provisions being implemented).

C. APA Compliance Assessment

☐ The Agency has complied with the notice requirements of 29 Del. C. § 10115
☐ The Agency has NOT complied with the notice requirements (specify deficiency): [________________________________]

IV. GENERAL COMMENTS

A. Policy Alignment

4.1 [________________________________] (comment on whether the Proposed Regulation is consistent with the statutory mandate and legislative intent)

B. Necessity and Justification

4.2 [________________________________] (comment on whether the regulation is necessary to accomplish the stated objectives)

C. Clarity and Precision

4.3 [________________________________] (comment on whether the Proposed Regulation is written with sufficient clarity)

D. Consistency with Existing Law

4.4 [________________________________] (comment on whether the Proposed Regulation is consistent with existing Delaware statutes, regulations, and case law)

E. Federal Preemption or Coordination

4.5 [________________________________] (comment on any federal law considerations, preemption issues, or opportunities for federal-state coordination)

V. SECTION-BY-SECTION COMMENTS

Detailed Comments on Key Provisions:

Section [____]: [Title]

5.1 Issue: [________________________________]

5.2 Analysis: [________________________________]

5.3 Recommended Revision: [________________________________]

Section [____]: [Title]

5.4 Issue: [________________________________]

5.5 Analysis: [________________________________]

5.6 Recommended Revision: [________________________________]

Section [____]: [Title]

5.7 Issue: [________________________________]

5.8 Analysis: [________________________________]

5.9 Recommended Revision: [________________________________]

VI. ECONOMIC IMPACT ANALYSIS

A. Cost to Regulated Entities

6.1 First-Year Implementation Costs: [________________________________]

6.2 Ongoing Annual Compliance Costs: [________________________________]

6.3 Cost Methodology: [________________________________]

B. Cost-Benefit Analysis

6.4 The estimated costs [do / do not] justify the expected regulatory benefits because: [________________________________]

C. Small Business Impact

6.5 The Proposed Regulation will have the following impact on small businesses in Delaware: [________________________________]

6.6 Recommended mitigations for small business impact:

☐ Phased implementation timeline
☐ De minimis exemption for businesses below a specified size
☐ Simplified compliance requirements for small entities
☐ Technical assistance or guidance documents
☐ Other: [________________________________]

D. Impact on State Revenue/Expenditures

6.7 [________________________________]

VII. ALTERNATIVES AND RECOMMENDATIONS

The Commenter recommends the following alternatives or modifications:

Alternative 1: [Title]

7.1 Description: [________________________________]

7.2 Benefits: [________________________________]

7.3 Feasibility: [________________________________]

Alternative 2: [Title]

7.4 Description: [________________________________]

7.5 Benefits: [________________________________]

7.6 Feasibility: [________________________________]

Alternative 3: [Title]

7.7 Description: [________________________________]

7.8 Benefits: [________________________________]

7.9 Feasibility: [________________________________]

VIII. PROCEDURAL REQUESTS

A. Extension of Comment Period

☐ The Commenter requests an extension of the public comment period to [__/__/____] because: [________________________________]

B. Public Hearing

☐ The Commenter requests that the Agency hold a public hearing pursuant to 29 Del. C. § 10115(b) because: [________________________________]

C. Supplemental Comment Period

☐ If the Agency materially revises the Proposed Regulation, the Commenter requests that a supplemental comment period be provided before final adoption.

D. Written Response to Comments

☐ The Commenter requests that the Agency provide a written response to these comments as part of its final order adopting or rejecting the regulation, as contemplated by 29 Del. C. § 10118.

IX. RESERVATION OF RIGHTS

9.1 Nothing in this Comment Letter shall be deemed a waiver of any procedural or substantive rights, including:

• The right to submit additional comments during the comment period or at any public hearing;
• The right to seek judicial review of the final regulation under 29 Del. C. § 10141;
• The right to challenge the regulation as exceeding the Agency's statutory authority;
• The right to raise constitutional objections to the regulation;
• Any other rights available under the Delaware APA or applicable law.

9.2 The Commenter reserves the right to supplement these comments with additional data, analysis, or legal arguments prior to the close of the comment period.

X. CONCLUSION

The Commenter respectfully urges the Agency to carefully consider the comments and recommendations set forth herein. [Summarize overall position and primary recommendations.]

[________________________________]

The Commenter appreciates the opportunity to participate in this rulemaking process and is available to discuss these comments further with the Agency.

XI. EXHIBITS AND SUPPORTING MATERIALS

☐ Exhibit A - Redline of Proposed Regulation with Recommended Changes
☐ Exhibit B - Economic Impact Analysis / Data
☐ Exhibit C - Technical Feasibility Study
☐ Exhibit D - Relevant Case Law or Legal Memorandum
☐ Exhibit E - Industry Standards or Best Practices
☐ Exhibit F - [________________________________]

XII. SIGNATURE

Respectfully submitted,

[________________________________]
(Organization Name)

By: ___________________________________

Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Delaware Administrative Procedures Act, 29 Del. C. § 10101 et seq.
2. 29 Del. C. § 10113 - Regulations; adoption by agencies
3. 29 Del. C. § 10115 - Notice of proposed rulemaking (Delaware Register; 20-day newspaper notice for hearings)
4. 29 Del. C. § 10116 - Record of proceedings
5. 29 Del. C. § 10118 - Public hearing requirements; written responses
6. 29 Del. C. § 10119 - Adoption of regulations; effective date
7. 29 Del. C. § 10141 - Judicial review of regulations (30-day filing deadline after publication in Register)
8. Delaware Register of Regulations (regulations.delaware.gov)
9. Delaware Administrative Code Drafting and Style Manual

This template is designed for use in the State of Delaware under the Administrative Procedures Act, 29 Del. C. § 10115. Comment deadlines vary by rulemaking. This template should be customized to the specific proposed regulation and reviewed by a qualified Delaware attorney before submission. Laws and regulations may change; verify all citations before use.