What are the major steps in the rule-making process?
When proposing a rule those involved often refer to the steps in the process in terms of the rule-making forms agencies must file with the Office of the Code Reviser.
In order to help you understand the different steps and forms, below is an explanation of each step of the process.
The first major step is the filing of the Pre-Proposal Statement of Inquiry (also called the CR-101 form):
When the CR-101 form is filed, notice is provided to the public that the agency is considering developing a new rule, amending an existing rule, or repealing an entire rule or sections of a rule.
The second major step is the filing of the Notice of Proposed Rule Making (also called the CR-102 form): The CR-102 form can not be filed until 30 days after the CR-101 form has been published in the Washington State Register. After this 30 day period an agency can file a CR-102 form at any time.
The CR-102 announces to the public that a change to an OSPI rule is being proposed. Included on this form is a brief description of the rule, the associated WAC number, a copy of the proposed rule text, as well as the date, time, and location of the public hearing(s), the deadline to submit comments, and the process for submitting comments. If appropriate, a Small Business Economic Impact Statement (SBEIS) is filed with this notice.
The last step is the filing of the Rule-making Order (also called the CR-103 form): The CR-103 form can not be filed until on or after the intended adoption date identified on the CR-102 form (Expedited and Emergency rules are exceptions). The maximum time allowed between the publication of the CR-102 form and the filing of a CR-103 form is 180 days. If this deadline is not met the rule making is withdrawn.
The CR-103 form is used to adopt into WAC the proposed rule text that was filed using the CR-102 form. When the CR-103 form is signed by the Agency Director the rule is adopted. Usually, unless specified otherwise, a rule becomes effective 31 days after filing.
How long does it take from the time a rule is proposed (CR-102 form) until it becomes final (CR-103 form)?
A rule can become final between 28 days after filing the CR-102 form and 180 days of the publication of the CR-102 form. No rule can be adopted before the intended adoption date identified on the CR-102. Those rules that are not finalized within 180 days after the publication of the CR-102 form are withdrawn from the process and can no longer be adopted without filing a new CR-102 form.
There are two exceptions to this time frame:
Emergency rules are filed using the CR-103 form. In most situations they become effective immediately.
Expedited rules are filed using an expedited process. Once the rule is proposed there is a 45 day period before the rule can be adopted. On the 46th day, or any day after that, the rule can be adopted and usually becomes effective 31 days later.
