Rule-making help for state agencies
This page guides Washington State agencies through the rule-making process, covering permanent, expedited, and emergency rules. It outlines key steps, required forms, and timelines, ensuring agencies can efficiently submit and adopt rules in compliance with state law.
Resources for rule making
What is rule making?
In Washington State, the rule-making process allows government agencies to create detailed rules that help implement laws passed by the state legislature. Rules provide the necessary guidelines and procedures to ensure that laws can be effectively followed and enforced.
Agencies may need to create rules for several reasons:
- When a new law requires further clarification or details.
- To adjust to changes in federal laws or regulations.
- In response to court decisions that affect state laws.
The rule-making process ensures transparency and public involvement. Citizens, businesses, and other organizations can participate by submitting feedback during public hearings or comment periods. This helps ensure that rules are fair, clear, and serve the needs of the community.
The rule-making process follows specific steps depending on whether a rule is permanent, expedited, or needed for an emergency situation. The next sections will guide you through the details of each process.
Statutes and rules for rule making
- Administrative Procedure Act (Chapter 34.05 RCW)
- Rule Making (Chapter 1-21 WAC)
- Regulatory Fairness Act (Chapter 19.85 RCW)
- Open Public Meetings Act (Chapter 42.30 RCW)
Permanent rule-making process
The permanent rule-making process is used when a rule will have long-term effects. It involves three main steps:
Step 1. File a Preproposal Statement of Inquiry (CR-101)
This step alerts the public that the agency is considering a new rule. No draft text is required at this stage. The agency must file CR-101 at least 30 days before moving to the next step.
Step 2. File a Proposed Rule (CR-102)
The proposed rule is submitted with draft text in bill drafting style (showing any changes using strikethroughs and underscoring). A public hearing is required at least 20 days after this filing.
Step 3. File the Final Rule (CR-103P)
After public feedback and any necessary adjustments, the agency files the final version of the rule. The rule takes effect 31 days after filing, with some exceptions.
Expedited rule-making process
The expedited process is used when a rule is non-controversial or minor changes are needed. This process skips the public hearing unless objections are raised:
Step 1. File a Notice of Expedited Rule-Making (CR-105)
The agency files CR-105 and publishes the rule in the Washington State Register. A waiting period of 45 days is required before proceeding.
Step 2. File the Final Rule (CR-103P)
If no objections are received, the agency submits CR-103P and the rule takes effect 31 days after filing. If there are objections, the process follows the same steps as the permanent process, starting with a CR-102.
Emergency rule-making process
Step 1. File an Emergency Rule (CR-103E)
The agency files CR-103E with the rule text in bill drafting style. The emergency rule goes into effect immediately and lasts for up to 120 days. The agency may refile if it is working toward permanent adoption of the rule.