What is Rulemaking?

Rulemaking is the process the Washington State Department of Health (DOH), including all health profession boards and commissions, uses when it proposes to create, change, or delete rules in order to protect public health.

DOH must follow the procedural requirements set out in the Administrative Procedure Act, chapter 34.05 RCW and the Regulatory Fairness Act, chapter 19.85 RCW when conducting rulemaking.

Parties interested in DOH's rulemaking activities should join appropriate ListServs. Individual ListServs can be found by using the Topics A to Z list or by contacting program staff.

To learn more, watch the rulemaking at DOH video:
 

This video is available in multiple languages on YouTube:

Three Major Phases in the Rulemaking Process

The three major phases of rulemaking are:

  1. Notification of intent to do rulemaking
  2. Proposition of rule changes and opportunity to provide formal input
  3. Adoption of final rule

1. Notification of Intent to do Rulemaking

DOH notifies interested parties about the intent to adopt a new rule, amend, or repeal an existing rule through appropriate ListServs, 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 Rulemaking (CR102) form using the exception rulemaking process, or
  • Expedited Rulemaking (CR105) form.

Typically the CR101 form is used to notify interested parties. 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

DOH provides interested parties the opportunity to submit formal comments on proposed rules before DOH makes a final decision to adopt rules.

When DOH files a Proposed Rulemaking (CR102) form it holds a scheduled public rulemaking hearing. An individual may provide comments either by attending the public hearing, submitting written comments using the agency's online rules comment site at Policy Review, or by mailing or faxing the comments to DOH 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 DOH files an Expedited Rulemaking (CR105) form a public rulemaking hearing is not required. Instead an individual may submit in writing an objection of 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 rulemaking 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 CR105 rule form is filed.

3. Adoption of Final Rule

At the conclusion of the public comment period, DOH 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, interested parties are required to comply with the adopted rule 31 days after DOH 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 DOH's responses are sent to interested parties, anyone who submitted comments, and anyone who asks for it