When the Washington State Legislature passes a bill and the governor signs it into law, it is written into state law known as the Revised Code of Washington (RCW).
To clarify, apply or enforce state laws, state agencies may propose and adopt rules or regulations. These rules are the Washington Administrative Code (WAC). Visit the Washington State Legislature website to read the law about rulemaking petitions. You also can read the rule about rulemaking petitions on the Legislature's website.
The department's rulemaking agenda (PDF, 159KB) tentatively outlines the rules scheduled for action.
Basic rulemaking process
We use a basic rulemaking process to adopt a new rule, or to amend or repeal an existing rule.
Notice of intent to change, adopt or repeal a rule
This first step in the rulemaking process is a pre-notice inquiry. We file a form called a CR-101 with the Office of the Code Reviser. It explains:
- That we are considering adopting or amending a rule.
- Why we are considering it.
- What authority we have to do it.
The Code Reviser then publishes this notice in the Washington State Register. The register publishes twice a month and contains all state agency rule notices, public meeting notices, Governor Executive Orders and state Supreme Court rules.
We send copies of the pre-notice inquiry, either electronically or on paper, to anyone who has asked for it. We may also send out a draft of the rule for review and comment. At this stage, we usually hold 1 or more online public meetings where parties can comment on the rule. We will take all comments into consideration. The feedback helps us decide whether to proceed with the proposed rulemaking.
Writing the new or revised rule
If we decide to proceed with rulemaking, we will write a draft of the rule. Typically, the draft goes through several changes as we consider the comments we receive. In some cases, we hold meetings to discuss any issues with the proposed draft. Or, we might involve the public in other ways. We might send surveys, circulate drafts or form drafting committees.
Cases that need special statements or more details
The drafting process can take several months to several years to complete. During this time, we decide if the proposed rule will need a small business economic impact statement.
We need to provide a small business economic impact statement if either:
- A rule will impose more than minor costs on business or industry.
- The state's Joint Administrative Rules Review Committee requests it.
If possible, we need to reduce the costs that the rule imposes on small businesses. However, this requirement does not apply to costs imposed by legislation or a court directive.
Some rules, called Significant Legislative Rules, require us to give more details. These rules require that we completely explain why we are proposing the rule, including a quality and cost-benefit analysis. Read about Significant Legislative Rules on the Legislature's website.
Public hearings on proposed rules
When we have developed a final proposed rule, we file a Notice of Proposed Rulemaking (a CR-102) and a copy of the proposed rule with the Code Reviser's Office. The notice and the proposed rule are published in the Washington State Register. The notice includes the date, time and location of any public hearings about the proposed rule. Depending on public interest, we could hold multiple hearings. We hold all hearings online.
At each public hearing, an ESD spokesperson will explain the proposed rule and the rulemaking process. Anyone can give verbal or written comments. You can submit written comments at the public hearing or by a later date that we set. After the hearing and the deadline for comments, we consider the comments and make changes to the rule if needed. If the changes are major, we might revise the draft rule, file another Notice of Proposed Rulemaking, send out a new notice and hold more hearings.
We also prepare a document called a Concise Explanatory Statement. This statement sums up all the comments we received. It also explains our reasons for adopting or not adopting the suggestions into the proposed rule.
Adopting the rule
After ESD completes the basic rulemaking process, we will adopt the rule. Rule adoption is not a public process. It consists of filing the final rule, along with the Rulemaking Order (CR-103) with the Code Reviser. Rules normally take effect 31 days after they are filed with the Code Reviser. The Code Reviser publishes the order and the final rule in the Washington State Register. We then normally send a notice to all interested parties.
Other rulemaking processes
Expedited rulemaking
We can sometimes use an expedited process to adopt, repeal or amend rules. Generally, this process is available if both of these things happen:
- We file an Expedited Rulemaking Notice (CR-105) and the full text of the proposed rule with the Code Reviser for publishing in the register.
- We send a notice to interested parties, but no hearing is scheduled. If anyone objects to the expedited process, they must comment within 45 days of publication. If someone does object to the expedited process, we must follow the basic rulemaking process, including a public hearing. If no one objects during the 45-day comment period, we can adopt the rule by issuing a Rulemaking Order (CR-103).
Emergency rulemaking
We can use an emergency rulemaking process if we need a rule before we can complete the basic rulemaking process.
For example, we must find that we need to immediately adopt, amend or repeal a rule either:
- To preserve public health, safety or general welfare.
- Because state or federal law or rule, or a federal deadline for receiving funds, requires it.
Emergency rules do not require a public notice or a hearing. But in most cases, we will make every effort to get feedback from interested parties before adopting emergency rules.
Emergency rules take effect on the date they are filed with the Code Reviser, unless another date is specified. Emergency rules can remain in effect for up to 120 days. The department can refile the emergency rule if it has started the basic rulemaking process and the rules are not final before the 120 days are up.
How to participate in our rulemaking
You can participate in 2 ways.
Sign up for updates
Sign up to receive rulemaking updates on notices and requests for your feedback. Submit comments and attend hearings about the topics that interest you.
Submit a rulemaking petition
Anyone can submit a petition for us to adopt, amend or repeal a rule.
Send a letter or use this petition form on the Office of Financial Management website (PDF, 553.11KB). The questions on the form will give you a good idea of common reasons why people submit petitions. Send the petition to ESD's rules coordinator at rules@esd.wa.gov.
We have 60 days to either accept the petition or reject it. If we accept it, we will follow the basic rulemaking process. If we reject the request, we will contact you in writing. We will state the reasons we rejected your petition and address your concerns. We might also explain any alternate ways we plan to address your concerns.