Understanding and participating in the Rule-Making Process

Rulemaking is the process WaTech/WaTech, uses when it proposes to create, change, or delete rules located in the Washington Administrative Code.

The agency must follow the procedural requirements set out in the Administrative Procedure Act, chapter 34.05 RCW when conducting rulemaking.

There are three major phases in the rulemaking process

The three major phases of rulemaking are notification of intent to do rulemaking; proposition of rule changes and opportunity to provide formal input; and adoption of the final rule.

1. Notification of intent to do rulemaking:

The agency notifies stakeholders about the intent to adopt a new rule, amend, or repeal an existing rule through appropriate contact lists, postings on the agency's website, and by filing the appropriate forms with the Office of the Code Reviser. Any of the following forms may be used for this purpose:

• Pre-notice Statement of Inquiry (CR101) form.
• Proposed Rule-Making (CR102) form using the exception rule-making process.
• Expedited Rule-Making (CR105) form.

Typically the CR101 form is used to notify stakeholders. This form provides:

• A brief description of the subject, including the associated Washington Administrative Code (WAC) chapters or WAC numbers;
• Reasons why rules on this subject may be needed and what they might accomplish;
• How interested parties can participate in the rulemaking activities.

Under certain circumstances, the notification and proposition of rule changes are combined into a single step and the CR102 form or CR105 form is filed.

See chapter 34.05 RCW for filing requirements.

2. Proposition of rule changes and opportunity to provide formal input:

The agency provides stakeholders and interested parties the opportunity to submit formal comments on proposed rules before the agency makes a final decision to adopt rules.

When the agency files a Proposed Rule Making (CR102) form it holds a scheduled public rule-making hearing. An individual may provide comments either by attending the public hearing or by mailing or faxing the comments to the agency by the specified deadline.

The CR102 form provides:

• A brief description of the rule, including the associated WAC numbers.
• A copy of the proposed rule text.
• The date, time, and location of the public hearing.
• The public comment deadline and the process for submitting comments.
• The process for obtaining a Small Business Economic Impact Statement and Significant Analysis, if one was required.

When the agency files an Expedited Rulemaking (CR105) form a public rulemaking hearing is not required. Instead, an individual may submit in writing an objection to the use of the expedited rulemaking process. The CR105 form provides:

• A brief description of the rule, including the associated WAC numbers.
• A copy of the proposed rule text.
• A standard notice that indicates that the agency is using the expedited rule-making process and will not hold a public hearing.
• The deadline and process for how to express objections in writing of the use of the expedited rulemaking process. This date is typically 45 days after the date the CR-105 rule form is filed.

3. Adoption of Final Rule

At the conclusion of the public comment period, the agency must consider all formal comments received and must file the adopted rule language with the Office of the Code Reviser. This is done with the publication of the Rulemaking Order (CR103) form. Typically, stakeholders are required to comply with the adopted rule 31 days after the agency files the CR103 form and adopted rule language. In some exceptions, the effective date of the adopted rule may be specified as something other than 31 days after a CR-103 form is filed.

The CR103 form provides:

• A brief description of the rule and the associated WAC numbers.
• A copy of the final rule language.
• The effective date of the rule.

A concise explanatory statement that documents the formal comments that were received and the agency's responses are sent to stakeholders, anyone who submitted comments or asks for it.

For more information, please see the resources available at the governor's Office for Regulatory Innovations & Assistance.

Contact Information

Derek Puckett, Rules Coordinator
1500 Jefferson Street
Olympia, WA
derek.puckett@watech.wa.gov
360-407-7989