Regulatory Comment Letter

REGULATORY COMMENT LETTER — KANSAS

Overview of Kansas Regulatory Comment Framework

Kansas has a dual statutory framework for administrative regulation: the Rules and Regulations Filing Act (K.S.A. 77-415 through 77-438), which governs how agencies file and adopt regulations, and the Kansas Administrative Procedure Act (KAPA, K.S.A. 77-501 et seq.), which governs adjudicatory proceedings, declaratory orders, and judicial review. Kansas requires that proposed regulations be published in the Kansas Register at least 60 days in advance of the public hearing, and the Joint Committee on Administrative Rules and Regulations provides legislative oversight of the regulatory process.

This template covers regulatory comments broader than formal notice-and-comment rulemaking, including comments on existing regulations, requests for regulatory interpretation, guidance document comments, enforcement policy comments, waiver and variance requests, petitions for declaratory orders, and no-action letter requests.

Key Kansas Regulatory Agencies Accepting Comments

• Kansas Department of Health and Environment (KDHE) — Environmental and health regulations (K.A.R. 28)
• Kansas Corporation Commission (KCC) — Utility, oil and gas, transportation regulations (K.A.R. 82)
• Kansas Department of Revenue (KDOR) — Tax regulations (K.A.R. 92)
• Kansas Insurance Department (KID) — Insurance regulations (K.A.R. 40)
• Kansas Department of Agriculture (KDA) — Agricultural regulations (K.A.R. 4)
• Kansas Department of Labor (KDOL) — Employment and labor regulations (K.A.R. 49)
• Kansas Department of Wildlife and Parks (KDWP) — Wildlife and park regulations (K.A.R. 115)
• Kansas Department of Commerce — Economic development regulations (K.A.R. 110)
• Kansas Board of Tax Appeals (BOTA) — Tax appeals (K.A.R. 94)
• Kansas Securities Commissioner — Securities regulations (K.A.R. 81)
• Kansas Banking Department — Banking regulations (K.A.R. 17)

Types of Regulatory Comments Covered

☐ Comment on proposed regulation (K.S.A. 77-421)
☐ Comment on existing regulation interpretation
☐ Guidance document comment
☐ Enforcement policy comment
☐ Waiver or variance request
☐ Petition for declaratory order (K.S.A. 77-536)
☐ Petition for adoption, amendment, or revocation of regulation
☐ No-action letter request
☐ Request for regulatory interpretation or advisory opinion
☐ Comment submitted to Joint Committee on Administrative Rules and Regulations

FORMAL REGULATORY COMMENT LETTER

Letterhead Block

[________________________________]
[LAW FIRM / ORGANIZATION NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

Date: [__/__/____]

VIA: ☐ Electronic Submission ☐ U.S. Mail ☐ Hand Delivery ☐ Kansas Register Submission

[________________________________]
[Name of Agency Contact / Rules Coordinator]
[________________________________]
[Agency Name]
[________________________________]
[Division / Bureau, if applicable]
[________________________________]
[Agency Street Address]
[________________________________]
[Topeka, Kansas / Other City], Kansas [____]

RE: Line

Re: ☐ Comment on Proposed Regulation / ☐ Request for Interpretation / ☐ Waiver Request / ☐ Petition for Declaratory Order / ☐ Other

Kansas Administrative Regulation (K.A.R.) at Issue: K.A.R. [____]-[____]-[____]
Kansas Register Citation: Vol. [____], No. [____], dated [__/__/____], page [____]
Docket/Reference Number: [________________________________]
Subject Matter: [________________________________]
Public Hearing Date: [__/__/____]
Comment Period Deadline: [__/__/____]

I. INTRODUCTION AND IDENTIFICATION OF COMMENTER

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), this letter is submitted to [________________________________] ("Agency") regarding [________________________________].

Commenter Identification:

Interest and Standing:

The Commenter has a direct and substantial interest in this matter because:

☐ The Commenter is directly regulated by the Agency under K.A.R. [____]-[____]
☐ The Commenter is a Kansas business affected by the regulation
☐ The Commenter represents [____] members/constituents subject to the regulation
☐ The Commenter is a local governmental unit affected by the regulation
☐ The Commenter has relevant expertise
☐ Other: [________________________________]

[________________________________]
[Describe the specific nature of the Commenter's interest, including how the regulation, interpretation, or guidance affects the Commenter.]

II. BACKGROUND AND FACTUAL CONTEXT

A. Regulatory Provision at Issue

The regulatory provision(s) at issue are:

1. K.A.R. [____]-[____]-[____]: [________________________________]
2. K.A.R. [____]-[____]-[____]: [________________________________]
3. Enabling Statute: K.S.A. [________________________________]

B. Kansas Rulemaking Context

☐ This comment relates to a proposed regulation published in the Kansas Register
☐ This comment relates to a temporary or emergency regulation
☐ This comment relates to an existing permanent regulation
☐ This comment relates to agency guidance or policy documents
☐ This comment is also being submitted to the Joint Committee on Administrative Rules and Regulations

Note on Kansas's 60-Day Publication Requirement: Under K.S.A. 77-421, agencies must publish proposed regulations in the Kansas Register at least 60 days in advance of the hearing. The agency must also consult and solicit information from businesses, business associations, local governmental units, state agencies or institutions, and members of the public that may be affected by the proposed regulations or that may provide relevant information (K.S.A. 77-420(b)).

C. Factual Background

[________________________________]
[Provide a detailed factual narrative describing the circumstances giving rise to this comment. Include relevant dates, business operations, compliance history, and prior agency communications.]

D. Compliance Context

☐ The Commenter is currently in compliance and seeks clarification
☐ The Commenter has identified an ambiguity requiring interpretation
☐ The Commenter cannot comply as currently written and seeks a waiver or variance
☐ The Commenter believes the regulation exceeds statutory authority
☐ The Commenter believes the regulation conflicts with Kansas or federal law
☐ The Commenter believes the economic impact statement is inadequate (K.S.A. 77-421a)
☐ Other: [________________________________]

E. Legislative Oversight Context

The Joint Committee on Administrative Rules and Regulations reviews proposed regulations during the 60-day comment period. The Commenter:

☐ Has separately communicated with the Joint Committee regarding this regulation
☐ Requests that the Joint Committee review this comment
☐ Notes that the Joint Committee has previously commented on this regulation
☐ Not applicable

F. Prior Communications with Agency

☐ No prior communications regarding this matter
☐ Prior informal inquiry on [__/__/____] — Response received: ☐ Yes ☐ No
☐ Prior formal petition on [__/__/____] — Disposition: [________________________________]
☐ Prior enforcement action — Case No. [________________________________]
☐ Prior consultation per K.S.A. 77-420(b) — Date(s): [________________________________]
☐ Other: [________________________________]

III. LEGAL ANALYSIS

A. Statutory Authority

The Agency's authority to adopt and administer the regulation at issue derives from K.S.A. [________________________________]. Under the Rules and Regulations Filing Act, regulations must be within the scope of authority granted by the enabling statute and must not be arbitrary, capricious, or unreasonable.

[________________________________]
[Analyze whether the regulation is within the Agency's statutory authority.]

B. Regulatory Text Analysis

[________________________________]
[Provide a close textual analysis of the K.A.R. provision at issue. Identify ambiguities, undefined terms, or provisions susceptible to more than one reasonable interpretation.]

C. Compliance with Kansas Rulemaking Requirements

Under K.S.A. 77-415 through 77-438, agencies must comply with requirements including:

☐ Filing proposed regulation with Secretary of State (K.S.A. 77-421)
☐ Publication in Kansas Register at least 60 days before hearing (K.S.A. 77-421)
☐ Economic impact statement (K.S.A. 77-421a)
☐ Consultation with affected parties (K.S.A. 77-420(b))
☐ Public hearing conducted in compliance with statutory requirements (K.S.A. 77-426)
☐ Review by Joint Committee on Administrative Rules and Regulations
☐ Review by Attorney General for statutory authority (K.S.A. 77-438)
☐ Proper incorporation by reference (K.S.A. 77-415a)

[________________________________]
[Analyze compliance with Kansas rulemaking requirements.]

D. Economic Impact Analysis (K.S.A. 77-421a)

Under K.S.A. 77-421a, agencies proposing regulations must prepare an economic impact statement. The Commenter's analysis:

[________________________________]
[Provide detailed analysis of the economic impact, comparing the Agency's economic impact statement with the Commenter's own assessment where applicable.]

E. Alternative Approaches

[________________________________]
[Propose alternative regulatory approaches that achieve the Agency's statutory objectives while reducing burden. K.S.A. 77-420(b) requires agencies to solicit information that may provide relevant alternatives.]

IV. SPECIFIC REQUEST

Based on the foregoing analysis, the Commenter respectfully requests that the Agency:

☐ Adopt the Commenter's proposed interpretation of K.A.R. [____]-[____]-[____]

☐ Issue a declaratory order pursuant to K.S.A. 77-536 regarding the applicability of [________________________________] to the Commenter's circumstances

☐ Grant a waiver or variance from K.A.R. [____]-[____]-[____] based on the following grounds:

• ☐ Compliance would impose undue hardship
• ☐ The waiver would not jeopardize public health, safety, or welfare
• ☐ Alternative means of achieving the regulatory objective are available

☐ Initiate rulemaking to adopt, amend, or revoke K.A.R. [____]-[____]-[____]

☐ Withdraw or modify the proposed regulation to address the concerns identified herein

☐ Revise the economic impact statement to reflect the actual costs to regulated entities

☐ Issue guidance clarifying the Agency's interpretation and enforcement approach

☐ Modify enforcement policy regarding [________________________________]

☐ Other: [________________________________]

Proposed Language (if applicable):

Current text of K.A.R. [____]-[____]-[____]:

[________________________________]

Proposed revised text:

[________________________________]

V. SUPPORTING DOCUMENTATION

The following documents are submitted in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

VI. REQUEST FOR HEARING / ORAL PRESENTATION

☐ The Commenter requests an opportunity for oral comment at the public hearing scheduled for [__/__/____]

☐ The Commenter requests a public hearing if one has not yet been scheduled

☐ The Commenter does not request oral presentation at this time but reserves the right to attend the scheduled hearing

VII. CERTIFICATION AND SIGNATURE

I hereby certify that the statements and representations contained in this letter are true and accurate to the best of my knowledge and belief, and that this comment is submitted in good faith.

Respectfully submitted,

___________________________________________
[________________________________]
[Name — Printed]

[________________________________]
[Title / Position]

[________________________________]
[Organization / Firm]

[________________________________]
[Kansas Attorney Registration No., if applicable]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

Before Drafting

☐ Identified the specific K.A.R. provision at issue
☐ Obtained complete text of the regulation from Kansas Administrative Regulations
☐ Reviewed enabling statute in Kansas Statutes Annotated (K.S.A.)
☐ Reviewed Kansas Register notice (if proposed regulation)
☐ Checked public hearing date and comment period deadline
☐ Reviewed Agency's economic impact statement (K.S.A. 77-421a)
☐ Determined whether Joint Committee has reviewed or commented on the regulation
☐ Identified prior Agency interpretations or declaratory orders on the topic
☐ Verified submission requirements (format, address, electronic submission)

During Drafting

☐ Clearly identified the Commenter and stated the nature of the interest
☐ Cited specific K.A.R. provisions by article, number, and section
☐ Cited enabling statute provisions (K.S.A.)
☐ Provided factual context with specificity
☐ Included economic impact data with supporting documentation
☐ Compared Commenter's impact analysis with Agency's economic impact statement
☐ Proposed specific alternative language or approaches
☐ Addressed small business and local government impact

Before Submission

☐ Reviewed for accuracy of all legal citations
☐ Confirmed comment is timely filed (before deadline or hearing)
☐ Attached all supporting exhibits referenced in letter
☐ Retained copy of comment and proof of submission
☐ Confirmed correct submission address and method
☐ Considered whether to attend and present at public hearing
☐ Considered whether to submit copy to Joint Committee on Administrative Rules

TEMPLATE: PETITION FOR DECLARATORY ORDER (K.S.A. 77-536)

To: [________________________________], Rules Coordinator / General Counsel
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR DECLARATORY ORDER

Pursuant to K.S.A. 77-536, the undersigned petitions the Agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the Agency:

Rule/Statute at Issue:
☐ Statute: K.S.A. [________________________________]
☐ Regulation: K.A.R. [____]-[____]-[____]
☐ Order: [________________________________]

Statement of Facts:
[________________________________]

Question Presented:
[________________________________]

Petitioner's Position:
[________________________________]

Note: Under K.S.A. 77-536, the Agency shall issue a declaratory order in response to the petition unless: (1) the petition fails to meet certain criteria; (2) the petitioner requests the agency to determine the applicability of a statute that has not been delegated to the agency to enforce; or (3) the petition involves a matter that is the subject of pending litigation.

TEMPLATE: COMMENT ON GUIDANCE / POLICY DOCUMENT

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

COMMENT ON AGENCY GUIDANCE / POLICY DOCUMENT

The undersigned submits this comment on the following Agency guidance document or policy:

Document Title: [________________________________]
Document Date: [__/__/____]
Subject Matter: [________________________________]

Nature of Comment:
☐ The guidance is inconsistent with K.A.R. [____]-[____]-[____]
☐ The guidance imposes requirements beyond what the regulation requires
☐ The guidance is ambiguous and requires clarification
☐ The guidance should be adopted as a formal regulation through the rulemaking process
☐ Other: [________________________________]

Comment:
[________________________________]

TEMPLATE: WAIVER / VARIANCE REQUEST

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

REQUEST FOR WAIVER OF KANSAS ADMINISTRATIVE REGULATION

The undersigned requests a waiver of the following K.A.R. provision:

Regulation: K.A.R. [____]-[____]-[____]

Grounds for Waiver:
☐ Strict compliance would create an undue financial hardship
☐ The waiver would not compromise the health, safety, or welfare objectives
☐ Alternative compliance measures are proposed
☐ Unique circumstances justify the waiver

[________________________________]
[Detailed explanation of grounds]

Duration of Waiver Requested:
[________________________________]

Alternative Compliance Measures:
[________________________________]

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• K.S.A. 77-415 et seq. (Rules and Regulations Filing Act): https://ksrevisor.gov/statutes/ksa_ch77.html
• K.S.A. 77-501 et seq. (Kansas Administrative Procedure Act): https://ksrevisor.gov/statutes/ksa_ch77.html
• Kansas Administrative Regulations: https://sos.ks.gov/publications/pubs_kar.aspx
• Kansas Register: https://sos.ks.gov/publications/pubs_register.aspx
• Kansas Legislature — Administrative Rules and Regulations: https://klrd.gov

This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in Kansas before use. Legal requirements and agency procedures may change; verify all citations and procedures before submission.