How to Respond to a Regulatory Comment Request

Regulatory Comments Framework

1. Who should respond and why? An open comment period, also known as a Request for Comments, is an opportunity for all citizens — especially “stakeholders” who will be impacted — to submit feedback on the proposed rules or policies that government agencies develop and use to implement legislation. All counseling and mental health practitioners should respond during an open comment period.
2. What should be included in my comments? Your comments don’t have to be lengthy. Just be sure to include the following components:
   • Appreciation: Start by expressing gratitude and appreciation for the opportunity to provide feedback for the agency’s review. Although comment periods are mandated by law, remember that the agency will likely receive many comments, some lengthy, and that individuals will be tasked with reviewing, interpreting and incorporating your comments.
   • Suggestions: Acknowledge discrepancies and highlight areas in the proposed rule that will present challenges to implementation. Make suggestions improving the proposed rule.
   • Your story: Take the opportunity to share how this proposed rule is likely to impact you, the clients you serve, your community and citizens overall.
3. What format should I use? Sometimes, an agency will request that you use a specific form for your comments. However, you may be allowed and/or required to submit comments as an attachment. In that case, use the standard business letter format and include the following:
   • Name of person and office designated to receive the comments, as well as the address. This information will be available on the agency’s notice or Request for Comments.
   • Subject line. Use “Re: Rule/policy” as specified in the notice or request.
   • Salutation. Use the recipient’s formal title and name. If you are unable to find their title, use only their first name. Since this is a business letter, use a colon “:” after the recipient’s name.
   • Body of the comment letter. The following are some suggested guidelines:
     1. Introduction paragraph. Introduce yourself and/or your organization and explain your interest in the agency’s rule.
     2. In the following paragraphs, include summarized points of the rule along with your feedback. Where necessary, be specific and cite numbers/statistics and language included in the rule or policy, along with your comments, so that the reviewer can clearly understand your point of view. Also, share your story on how this rulemaking will impact you, your clients and the profession.
     3. Clear recommendation(s). Use bullet points to clearly outline your asks and recommendations (for Medicare rules, see item #4). Doing so will help the reviewer to easily identify your recommendations when drafting the final rule.
     4. Complimentary close. Express appreciation for the opportunity to provide your feedback.
4. Where should I send or submit my comments? The comment letter should be sent or submitted to the agency that is requesting the feedback. This information can be obtained from the Request for Comments notice. For more information, please visit:  https://www.regulations.gov/faq?anchor=downloadingdata.
5. Where can I find an example of a comment letter? You can find examples of comment letters at  Federal Register :: Document Search Results for 'CY 2022 Medicare PFS ' 

A Few Reminders:

1. The invitation to submit comments should not be used as an opportunity to “attack” or vent frustrations with the government. However, it is an opportunity for you to provide your professional and personal opinions on how to successfully implement the proposed rule/policy in a way that is beneficial to you, your clients, community and the counseling profession. 
2. Your comments don’t need to be lengthy. If you can provide your comments in a few concise sentences or paragraphs, that’s great! Just be sure that your feedback is detailed enough for the reviewer to understand and apply, if they determine that your recommendation should be included in the implementation of the rule. 
3. Your feedback and recommendations are just as important, if not more important, as your advocacy to your legislators. Your comments help shape how this regulation will be applied to our daily lives.