WHAT IS WAC? (Washington Administrative Code)
WAC or Washington Administrative Code are a set of regulations of executive branch agencies that are issued by authority of statutes (RCW). Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency.
WHO AUTHORIZES WAC AUTHORITY
Generally, the legislature authorizes rulemaking authority for executive branch agencies. These can be under the authority of the Governor, Secretary of State, Commissioner of Public Lands, or other elected statewide officials’ offices.
WHAT IS THE PROCESS FOR CREATING OR CHANGING WAC?
Anyone can petition an agency to add to, remove, or change rules under their authority as provided by RCW. An agency, however, does not have to accept the petition for rulemaking.
The standard process for agency rulemaking is to first inform the public you are looking into an issue. By issuing a preproposal statement of inquiry or CR-101. The CR-101 announces the agency is planning to write rules on a particular subject and invites the public to take part in the rulemaking process. When issuing a CR-101 a notice is sent to interested parties, and the ability to receive rules updates are published on the agency website.
After issuing the notice, an agency may draft the rule which is then shared publicly. During this part of the process an agency generally holds stakeholder meetings to vet the proposed changes and seek comments from the public. This process can take several months and involve multiple drafts. After settling on the final draft rule the agency files for proposed rulemaking by filing a CR-102 notice. This notice is shared with the public and announces the availability to accept public comment.
After filing a CR-102 an agency then provides ample opportunity for public feedback and holds a public hearing to discuss the merits of the proposal. Changes may be made to the draft rule filed in the CR-102 based on the feedback. Agencies typically respond to the comments during this period using a Concise Explanatory Statement (CES).
If an agency decides to adopt the new rule they then file a rulemaking order to adopt the rule with the filing of a CR-103.
The rulemaking process can be lengthy and require significant staff time. In response to this there are some situations where an expedited rulemaking process is allowed. These include – Emergency rules and Expedited rulemaking.
Emergency rules are critical rule changes requiring immediate action do not require public notice or hearings. Emergency rules are generally effective for 120 days and may be extended in certain circumstances, but they can't become permanent unless the regular rulemaking steps are followed.
Expedited rulemaking is a shortened process that allows agencies in very limited circumstances - to adopt or repeal a rule without a public hearing or comment process. If anyone objects to the expedited process during the first 45 days, an agency must use the regular rulemaking process to adopt the rule, including holding a public hearing. This process is primarily used to correct typographical errors, update or correct cross-references to other rules or the law, or to incorporate changes in federal law/regulations or state statutes.
WACO's November 2024 Packed Lunch session focused on WAC.
Click here to watch the recorded session!