Rule Making Frequently Asked Questions

Rule making is when the department proposes and adopts rules to implement state and federal laws. The Washington State Legislature guides all state rule making through a law known as the Administrative Procedure Act (APA), Chapter 34.05 RCW. All state agencies must follow the requirements of the APA.

WAC stands for Washington Administrative Code. State agencies adopt rules (WACs) to implement state or federal laws.

What do the WAC numbers mean?
Example: 16-201-240
“16” This is the title number.
All of Agriculture rules are found under title 16.

“201” (Written as "chapter 16-201 WAC").
This number represents a chapter within a given title.

“240” (written as WAC 16-201-240).
This number represents a section within the chapter.

RCW stands for Revised Code of Washington. An RCW is a law passed by the legislature and signed by the governor.

What do the RCW numbers mean?
Example: 34.05.110
“34”
This is the title number.

“05” (Written as chapter 34.05 RCW).
This number represents a chapter within a given title

“110” (written as RCW 34.05.110).
This number represents a section within the chapter.

Statutory authority is when the legislature gives a state agency the permission to write and adopt a rule on a specific subject. Each time a rule is adopted or amended the statutory authority is listed in a paragraph below a specific section of the rule.

Below is an example of a statutory authority paragraph:

Statutory authority: RCW 42.17.250. 98-16-052 (Order 98-12), § 173-03-010, filed 7/31/98, effective 8/31/98. Statutory authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-010, filed 10/23/90, effective 11/23/90. Statutory authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-010, filed 1/17/78.

Copies of laws (RCWs) and rules (WACs) are available on Washington State Legislature website.

The Administrative Procedure Act (APA) allows a rule following the typical rule making process to be adopted in as little as 78 days. There are two exceptions to this timeframe: emergency rules and expedited rules.

There are three major phases in the typical rule making process:

1. Announcement Phase

2. Proposal Phase 

3. Adoption Phase

Announcement Phase 

Initiated once the Preproposal Statement of Inquiry (CR-101) form has been filed with the Office of the Code Reviser for publishing in the Washington State Register (WSR). 

The purpose of the CR-101 is to notify the public that the department is considering adopting a new rule or amending or repealing an existing rule. 

The CR-101 filing provides:

• A brief description of the rule making

• The associated WAC number(s)

• ​Agency contact information for this rule making

Proposal Phase

Initiated once the Proposed Rule Making (CR-102) form has been filed with the Office of the Code Reviser for publishing in the WSR. 

The CR-102 cannot be filed until 30 days after the CR-101 is published in the WSR. After the 30-day period, a CR-102 can be filed at any time. The purpose of the CR-102 is to officially propose the draft rule language and to invite public comment. The public hearing must take place at least 20 days after the CR-102 has been published in the WSR. If the rule is not adopted within 180 days, the Office of the Code Reviser will withdraw it from the rule making process. A new CR-102 form must be filed in order to continue rule making on the same topic. No rule can be adopted before the intended adoption date given on the CR-102 form.

The CR-102 filing provides:

• A brief description of the rule making

• The associated WAC number(s)

• A copy of the proposed rule text

• Agency contact information for the rule making

• Intended adoption date

• The date, time, and location of the public hearing(s)

• The public comment deadline and the process for how to submit comments

• If required, a Small Business Economic Impact Statement (SBEIS)

Adoption Phase

Initiated once the Rule-Making Order (CR-103) form has been filed with the Office of the Code Reviser for publishing in the WSR. 

The CR-103 can not be filed until on or after the intended adoption date specified on the CR-102 (expedited and emergency rules are exceptions). The purpose of the CR-103 is to officially adopt the ruler. Unless specified otherwise, a rule will become effective 31 days after the CR-103 is filed.

The CR-103 filing provides:

• A brief description of the rule making
• The associated WAC number(s)
• A copy of the adopted rule text
• The effective date of the adopted rule language

These rules follow a different process:

• Emergency rules are initiated by filing a Rule-Making Order (CR-103E) form with the Office of the Code Reviser for publishing in the WSR. Emergency rules are normally effective immediately upon filing. The emergency rule can only be in effect for 120 days. Another CR-103 has to be filed to continue the emergency rule after 120 days if the the department has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule.


• Expedited rules are initiated by filing an Expedited Rule Making (CR-105) form with the Office of the Code Reviser for publishing in the WSR. Expedited rules are open to a 45-day written objection period that starts once the proposed rule is published. If no written objections are received, the rule can be adopted any time after the objection period is over. Unless specified otherwise, a rule adopted through expedited rule making will become effective 31 days after the CR-103 is filed.

You can choose any of the options below to stay informed:

• Join the Rule Making List Serv. 
• Visit WSDA's Rule Making website. 
  • Click on the "Current Rule Making" tab.
• Contact Gloriann Robinson, Agency Rules Coordinator, at (360) 902-1802. 
• Look in the Washington State Register (WSR). 

Small Business Economic Impact Statement (SBEIS)

The Regulatory Fairness Act requires state agencies to write a SBEIS for proposed rules that will impose more than minor costs to businesses in an industry. The purpose of the SBEIS is to look at how a rule might impact small businesses. When these impacts are identified, the agency must try to find ways, where legal and feasible, to reduce those impacts, .

Copies of all SBEISs that we write can be obtained by contacting Gloriann Robinson, Agency Rules Coordinator at (360) 902-1802.

There are formal and informal ways for you to comment on a proposed rule.

• Public workshops and advisory committees (informal) - Many times the department will directly contact known stakeholders or create advisory committees to solicit input during the rule-making process. Look on the CR-101 for details on how to participate in the rulemaking process.

• Official public hearing (formal) - Public hearings are where you can submit your formal written comments or verbal “testimony” about the rule making. Comments you give at a public hearing become part of the official rule file. Look on the CR-102 form for the location, date, and time of the public hearing(s).

• Official comment period (formal) - You may submit written comments to the department related to any rule making. Comments received after we file the CR-102 form and before the close of the comment period become part of the official rule file. Look at the CR-102 form to see how you can submit comments.

The formal comment period starts when the CR-102 form is filed with the Office of the Code Reviser. Look on the CR-102 form for the date the comment period ends.

All proposed rules, except emergency rules, are required to provide a formal public comment or objection period. You can submit formal comments the following ways:

• Written comments must be received no later than the end date of the formal comment period listed on the CR-102.
• Verbal comments are taken during the public hearing(s).

All comments received during the formal public comment period become part of the official rule file required by the Administrative Procedure Act. Comments are responded to in a document called a Concise Explanatory Statement (CES). A copy of the CES is sent directly to those who submitted formal comments or verbal testimony and provided on the rule making web page.

It is important to: 

• Indicate the specific rule making you are commenting on. Refer to the WAC number listed on all rule making documents. 
• Identify who you are and how or why the rule affects you. 
• Be sure to explain why you disagree or agree. Be direct in your comment. 
• It is particularly useful to offer alternatives, compromise solutions, and specific language for your suggested changes. 
• Type your comments, if possible. 

Be sure to include your name and address so that you can receive a copy of the Concise Explanatory Statement.

Anyone who provides comments and contact information, during the formal comment period, will receive a copy of the Concise Explanatory Statement when it becomes available. You will be able to find your name listed in this document, along with the department's response to your comments.