Civil service rule-making process

Common rule-making terms

Administrative Procedure Act (APA)

The Administrative Procedure Act, referred to as the APA, (Chapter 34.05 RCW) is the statute that sets the minimum standards that the State Human Resources office must follow to enact rules. Procedural fairness is the fundamental premise of the APA.

Adoption

The date listed on the rule-making order of adoption. This date is usually different from the effective date.

Agency Action

Any agency activity that affects the licensing, implementation, or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.

Amendment

An action that changes the language of an existing rule.

Chapter

The second number grouping in a Washington Administrative Code citation. For example, in WAC 357-31-030 the chapter is 31.

Code Reviser’s Office

The Code Reviser’s Office is responsible for accepting rule filings. This office is responsible for compiling, publishing, and determining the form, style and uniform numbering system for all laws and rules.

Codify

The process of placing new or amended rules in their proper location for publication in the Washington Administrative Code (WAC). The Code Reviser’s Office is responsible for codifying the agency’s rules.

Concise Explanatory Statement

State Human Resources prepares the Concise Explanatory Statement which contains the following information:

• The agency’s reason for adopting the rule;
• A description of the differences between the published text and the text of the rule as adopted along with reasons for the differences;
• A summary of all comments received and responses to the comments by category or subject matter; and
• A description of how the final rule reflects consideration of the comments.

Continuance

An extension of a hearing date or a rule’s adoption date.

CR-102 form

The Notice of Proposed rule-making informs the public that State Human Resources will propose a rule. It is during this period that we publish the text of the proposed rule and notice of the public hearing dates.

CR-103 form

State Human Resources adopts a rule when the director signs an Order of Adoption. The date of a rule’s adoption is different from its effective date. The effective date of a rule is the date compliance with the rule begins.

Effective Date

The date a rule goes into operation. Normally a rule goes into operation 30 days after the agency files it with the Code Reviser’s Office.

Emergency Adoption (CR-103 form)

An emergency rule is effective 120 days after filing the emergency CR-103 with the Code Reviser’s Office, unless a later date is specified. For a rule to qualify as an emergency rule, one of the following must be met:

• Circumstances that call for immediate action to protect the public health, safety, or general welfare and observing the notice and hearing requirements of regular rule-making would be contrary to the public interest; or
• State or federal law or federal rules or a federal deadline for the state receipt of federal funds requires immediate adoption of a rule.

Filing

The process of depositing documents in the Office of the Code Reviser where they are stamped with the date, time, and the Washington State Register (WSR) number.

Housekeeping Rule

A rule that corrects typographical, grammatical, gender, or spelling errors or changes the format of a rule.

Law (also statute)

A statement by the Legislature or the courts that must be obeyed and followed by citizens. The Revised Code of Washington (RCW) contains a compilation of all permanent laws in Washington State.

Permanent Rule

The final rule that the agency adopts.

Petition

The process that an organization or interested party follows when requesting adoption, amendment, or repeal of a rule.

Policy Statement

A written description of the agency’s approach to implementing a statute, court decision, or agency order.

Proposed rule-making (CR-102 form)

The CR-102 informs the public of the specific purpose of the proposed rule. The proposed rule language and notice of the public hearing and public comment period are also provided at this time.

Public hearing and comment period

A public hearing and comment period is an opportunity for the public to comment on the proposed rule and to participate in the rule-making process. A public hearing is a formal agency meeting at a publicized time and location where the public gives testimony on a proposed rule. Anyone may submit comments about a proposed rule to the State Human Resources office during the comment period.

Register

A shortened term for the Washington State Register. The register contains all proposed, emergency, amended, new, or repealed rules filed with the Code Reviser’s Office.

Repeal

To terminate a rule. After repeal, the rule is removed from the Washington Administrative Code.

Rule

An agency order, directive or regulation:

• That imposes a penalty on a person who violates the rule;
• That establishes or revokes requirements relating to a benefit or privilege;
• That establishes or revokes a standard relating to a benefit; or
• That establishes or revokes a requirement relating to the issuance or revocation of a license.

Rule-making

rule-making is the process the agency uses to develop, adopt, and repeal a rule. The Administrative Procedure Act (APA) is the state law that outlines the standards the agency must follow when it engages in rule-making.

Rule-making Order of Adoption (CR-103 form)

The CR-103 indicates the State Human Resources office has adopted a rule. The adopted rule language is also provided at this time. Note that the date of a rule’s adoption is different from its effective date. The effective date of a rule is the date compliance when the rule begins.

Section

The third number grouping in a Washington Administrative Code citation. For example, in WAC 357-31-030, the section is 030. It is the smallest portion of a rule that can be amended.

Subsection

A portion of a rule identified by a number in parenthesis. Subsections may not be amended. For example, in 357-31-030 (a)(i), the subsection is ‘(a)(i)’.

Supplemental Notice

A supplemental notice informs interested parties that significant changes are being made to a proposed rule. It reopens the rule-making proceedings for additional public comment on the substantive changes.

Title

The first number grouping in a Washington Administrative Code citation. For example, in WAC 357-24-100, the title is 357. Each agency usually has one title. The State Human Resources division’s title is WAC 357.

Washington Administrative Code (WAC)

These books contain the adopted rules of the various state agencies. The WAC is broken out in these areas:

Title-Chapter-Section-Subsection
357-24-100-(a)(i)

Washington State Register (WSR)

The Washington State Register is the official place in rule filing where documentation is published for all state agencies in Washington State. In other words, the books in which a Preproposal Notice of Inquiry, a proposed rule, and a final rule are published.