Regulatory Comment Letter - Hawaii

PUBLIC COMMENT LETTER ON PROPOSED RULE

[Full Title of Proposed Rule]

Docket No. [DOCKET NUMBER]

Submitted To:
[AGENCY NAME]
[Office/Division, if any]
[Agency Address]

Submitted By:
[COMMENTER NAME] ("Commenter")
[Affiliation / Organization]
[Address]
[Email] | [Telephone]

Submission Date: [DATE]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Executive Summary
4. Commenter Identification & Standing
5. Statutory & Regulatory Framework

6. General Comments
   6.1 APA Compliance
   6.2 Policy Considerations

7. Section-by-Section Comments

8. Economic Impact Analysis
9. Alternatives & Recommendations
10. Procedural Requests
11. Reservation of Rights
12. Conclusion
13. Exhibits & Supporting Materials
14. Execution Block

1. DOCUMENT HEADER

This Public Comment Letter ("Comment Letter") responds to the [DATE] notice of public hearing and proposed rulemaking issued by [AGENCY NAME] (the "Agency") concerning the above-captioned proposed rule (the "Proposed Rule"). Attach the notice and record its publication, mailing, and internet-posting details before submission.

2. DEFINITIONS

For purposes of this Comment Letter, the following terms have the meanings set forth below. Defined terms appear in bold when first used.

"APA" means the Hawaii Administrative Procedure Act (HRS Chapter 91) and related rulemaking requirements.

"Commenter" has the meaning provided in the preamble above.

"Notice" has the meaning provided in Section 1.

"Proposed Rule" has the meaning provided in Section 1.

"Record" means the administrative record compiled by the Agency in this rulemaking.

3. EXECUTIVE SUMMARY

• The Commenter supports the Agency's overarching goal of [STATE POLICY GOAL], but believes certain provisions of the Proposed Rule exceed statutory authority under the APA and warrant revision.
• Key recommendations include:
  1. Clarify scope of [SPECIFIC SECTION] to avoid unintended coverage of [INDUSTRY/ACTIVITY].
  2. Align compliance deadlines with practical implementation timeframes (suggested 24 months rather than 12 months).
  3. Incorporate a de minimis exemption for entities with annual revenues below [$___].

4. COMMENTER IDENTIFICATION & STANDING

4.1 Business Overview. Commenter is a [TYPE OF ENTITY] established under the laws of [STATE] and operating in [INDUSTRY SECTOR], with approximately [NUMBER] employees and annual revenues of [$___].

4.2 Interest in Rulemaking. The Proposed Rule directly affects Commenter because [EXPLAIN NEXUS — e.g., "it regulates the importation of X, a core component of Commenter's supply chain"].

4.3 Authority to File. The undersigned is duly authorized to submit this Comment Letter on behalf of Commenter.

5. STATUTORY & REGULATORY FRAMEWORK

5.1 Administrative Procedure Act. HRS § 91-3(a) generally requires at least thirty days' notice of a public hearing, specified notice contents, internet posting for proposed state-agency rules, and an opportunity for interested persons to submit data, views, or arguments orally or in writing. The Agency must fully consider the written and oral submissions.

5.2 Delegated Agency Authority. Section [STATUTORY CITATION] of the [ENABLING ACT] authorizes the Agency to promulgate regulations "necessary and appropriate" to [STATUTORY OBJECTIVE]. Commenter respectfully submits that portions of the Proposed Rule exceed, or are inconsistent with, this delegation.

5.3 Small-Business Review. Under HRS § 201M-2, the Agency must first determine whether the proposal affects small business. If it does, the Agency must consider less restrictive or flexible compliance methods and prepare the prescribed small-business impact statement, subject to the section's emergency-rule and no-discretion exceptions.

6. GENERAL COMMENTS

6.1 Hawaii Rulemaking Procedure

a. Notice and Opportunity to Respond. Compare the notice's stated topic and subjects with the proposed text. Explain specifically why any omitted or unclear subject prevented interested persons from formulating and presenting a rational response under the current Hawaii notice-and-hearing framework.
b. Material Post-Hearing Change. Identify any proposed revision that would add material on a subject not covered, advocated, or discussed at the noticed hearing, and request the additional procedure that current Hawaii law requires after counsel reviews the rulemaking record.
c. Consideration of Submissions. Tie each factual and legal objection to record material and request that the Agency fully consider all written and oral submissions as HRS § 91-3(a)(2) requires.

6.2 Policy Considerations

a. Competitive Impact. The Proposed Rule could disproportionately burden small and mid-sized entities, contrary to HRS § 201M-2.
b. Technological Feasibility. Required adoption of [TECHNOLOGY] within 12 months is impracticable given current supply-chain constraints.

7. SECTION-BY-SECTION COMMENTS

8. ECONOMIC IMPACT ANALYSIS

8.1 Cost Estimates. Commenter estimates first-year compliance costs of approximately [$___] and ongoing annual costs of [$___]—significantly higher than the Agency's estimate of [$___].

8.2 Cost-Benefit Comparison. When adjusted for realistic market adoption rates, the net present value of projected benefits falls below costs by [__%].

8.3 Small-Business Impact. If the proposal affects small business and no statutory exception applies, HRS § 201M-2 requires the prescribed impact statement. Identify the directly affected businesses, dollar costs, agency costs and benefits, less burdensome methods considered, small-business participation, and any standard more stringent than a comparable federal, state, or county standard.

9. ALTERNATIVES & RECOMMENDATIONS

• Adopt a tiered compliance schedule based on entity size.
• Utilize voluntary pilot programs to gather data before full implementation.
• Coordinate with other state agencies to minimize duplicative compliance obligations.

10. PROCEDURAL REQUESTS

10.1 Additional Procedure After Material Revision. If the Agency makes a material change after the noticed hearing, Commenter requests additional notice and opportunity to participate to the extent required by current Hawaii law. Do not state a fixed supplemental period unless the governing authority or Agency notice supplies one.

10.2 Participation at Public Hearing. Commenter requests an opportunity to present the following oral testimony at the hearing identified in the Notice: [TOPICS / SPEAKER / ESTIMATED TIME].

10.3 Record and Reasons Statement. Commenter requests that the Agency include these submissions in the rulemaking record and, if requested after adoption, amendment, or repeal, issue the concise statement of principal reasons described in HRS § 91-3(a)(2).

11. RESERVATION OF RIGHTS

Nothing in this Comment Letter is intended to waive any procedural or substantive right. Counsel should identify the actual declaratory, review, limitations, standing, exhaustion, and remedy provisions before adding a citation or litigation reservation.

12. CONCLUSION

For the foregoing reasons, Commenter respectfully urges the Agency to (i) revise the Proposed Rule as set forth herein and (ii) adopt the recommended alternatives to ensure the final rule is consistent with statutory authority, cost-effective, and practicable.

Should the Agency have any questions, please contact the undersigned at [CONTACT INFORMATION].

13. EXHIBITS & SUPPORTING MATERIALS

• Exhibit A – Redline of Proposed Rule Text with Commenter's Edits
• Exhibit B – Economic Impact Study
• Exhibit C – Technical Feasibility Analysis by [EXPERT FIRM]

14. EXECUTION BLOCK

Respectfully submitted,

[COMMENTER NAME]
By: ___________________________
Name: [TYPED NAME]
Title: [OFFICER TITLE]
Date: [DATE]

Hawaii-Specific Statutory References

• Hawaii Administrative Procedure Act: HRS § 91-1 et seq.
• Rulemaking procedures: HRS § 91-3
• Public hearing requirements: HRS § 91-3(a)
• Small business impact statements: HRS § 201M-2
• Rule-validity and review provisions: [COUNSEL TO IDENTIFY FROM CURRENT OFFICIAL LAW]