The Administrative Procedures Act (APA) allows a rule to be adopted as soon as 28 days, but no more than 180 days, after the CR-102 form is published in the Washington State Register. No rule can be adopted before the intended adoption date given on the CR-102 form. If we do not adopt the rule within 180 days, the Code Reviser’s Office will withdraw it from the rulemaking process. We must file a new CR-102 form to continue rulemaking on the same topic. There are two exceptions to this time frame: emergency rules and expedited rules.
There are three major phases in a typical the rulemaking process:
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Announcement Phase
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Proposal Phase
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Adoption Phase
Announcement Phase
Initiated once the Pre-Proposal Statement of Inquiry (CR-101) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register.
The purpose of the CR-101 is to notify the public about Ecology’s intent to adopt a new rule or amend or repeal an existing rule. At Ecology we call this the Announcement Notice (CR-101).
The CR-101 filing provides:
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A brief description of the rulemaking
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The associated WAC number(s)
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Agency contact information for this rulemaking
Proposal Phase
Initiated once the Proposed Rulemaking (CR-102) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register.
The CR-102 can not be filed until 30 days after the CR-101 is published in the Washington State Register (WSR). After the 30-day period, we can file a CR-102 at any time. The purpose of the CR-102 is to officially propose the draft rule language and to invite public comment. At Ecology we call this the Proposal Notice (CR-102).
The CR-102 filing provides:
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A brief description of the rulemaking
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The associated WAC number(s)
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A copy of the proposed rule text
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Agency contact information for the rulemaking
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Intended adoption date
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The date, time, and location of the public hearing(s)
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The public comment deadline and the process for how to submit comments
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If required, a Small Business Economic Impact Statement (SBEIS)
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If completed, instructions about where to get a copy of the preliminary cost-benefit and least burdensome alternatives analyses (also known as Preliminary Regulatory Analyses)
Adoption Phase
Initiated once the Rulemaking Order (CR-103) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register.
The CR-103 can not be filed until on or after the intended adoption date written on the CR-102 (expedited and emergency rules are exceptions). At Ecology we call this the Adoption Notice (CR-103).
The CR-103 filing
The purpose of the CR-103 is to officially adopt the rule with the signature of the Agency Director. Unless specified otherwise, a rule will become effective 31 days after the CR-103 is filed.
These rules follow a different process:
- Emergency rules become effective immediately upon filing a CR-103 form with the Washington State Code Reviser’s Office for publishing in the Washington State Register.
- Expedited rules are open to a 45-day written objection period that starts once the proposed rule is published in the Washington State Register. If we do not receive any written objections the rule can be adopted any time after the objection period is over. The rule usually becomes effective 31 days later.