Agency Rulemaking Petition - Washington

PETITION FOR AGENCY RULEMAKING

STATE OF WASHINGTON

COVER LETTER

[__/__/____]

[________________________________]
[Agency Director / Secretary Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]

RE: Petition for Rulemaking Pursuant to RCW 34.05.330

Dear [________________________________]:

I am writing on behalf of [________________________________] ("Petitioner") to submit this formal Petition for Rulemaking addressed to [________________________________] ("Agency"). This petition respectfully requests that the Agency initiate rulemaking proceedings to [____] adopt [____] amend [____] repeal the following rule(s):

Rule(s) at Issue: [________________________________]

WAC Citation (if amending/repealing): WAC [________________________________]

This petition is submitted pursuant to the Washington Administrative Procedure Act, RCW 34.05.330, which provides that any person may petition a state agency to request the adoption, amendment, or repeal of a rule.

Under RCW 34.05.330, the Agency is required to respond to this petition within 60 days of receipt by either: (1) initiating rule-making proceedings in accordance with RCW 34.05.320; or (2) denying the petition in writing, stating the reasons for the denial.

Enclosed are the formal Petition for Rulemaking and all supporting materials.

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name / Title

[________________________________]
Organization

[________________________________]
Address

[________________________________]
Email / Telephone

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF WASHINGTON

Petition for: ☐ Adoption ☐ Amendment ☐ Repeal of Rule

Filed Pursuant to: RCW 34.05.330

Date Filed: [__/__/____]

I. PETITIONER IDENTIFICATION

Full Name: [________________________________]

Organization/Entity (if applicable): [________________________________]

Mailing Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented):

Name: [________________________________]

WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

II. TYPE OF RULEMAKING REQUESTED

☐ Adoption of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule

Existing Rule Citation (if amending or repealing): WAC [________________________________]

Title/Subject of Existing Rule: [________________________________]

Proposed New Rule Citation (if adoption): WAC [________________________________] (suggested)

III. STATEMENT OF PETITIONER'S INTEREST

A. Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

C. Organizational Affiliation and Membership (if applicable):

[________________________________]
[________________________________]

D. Persons or Entities Similarly Affected:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND PURPOSE

A. Description of the Problem or Issue:

The current regulatory framework [________________________________] creates the following problems:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

B. Factual Background:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Rule Addresses the Problem:

The proposed rulemaking would address these issues by:

1. [________________________________]
2. [________________________________]
3. [________________________________]

D. Anticipated Benefits:

☐ Enhanced public health and safety
☐ Improved regulatory clarity
☐ Cost savings for regulated entities
☐ Environmental protection
☐ Consumer protection
☐ Alignment with federal requirements
☐ Correction of outdated provisions
☐ Reduction of regulatory burden
☐ Other: [________________________________]

Detailed explanation of benefits:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE LANGUAGE

The Petitioner submits the following proposed regulatory text for the Agency's consideration. Additions are shown in bold and deletions in ~~strikethrough~~:

Proposed WAC [________________________________]:

WAC [________________________________]

(1) [________________________________]
[________________________________]
[________________________________]

(2) [________________________________]
[________________________________]
[________________________________]

(3) [________________________________]
[________________________________]
[________________________________]

(4) [________________________________]
[________________________________]
[________________________________]

Alternative Language (if applicable):

[________________________________]
[________________________________]
[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Statutory Authority for the Agency to Act:

The Agency possesses authority to [adopt/amend/repeal] the proposed rule under the following statutory provisions:

1. Organic Statute: RCW [________________________________] grants the Agency authority to [________________________________].

2. General Rulemaking Authority: RCW [________________________________] authorizes the Agency to adopt rules necessary to carry out its statutory mandate.

3. Specific Delegation: RCW [________________________________] specifically authorizes regulation of [________________________________].

B. Washington APA Petition Authority (RCW 34.05.330):

RCW 34.05.330 provides the statutory framework for petitions for rulemaking in Washington:

1. Right to Petition (RCW 34.05.330(1)): "Any person may petition an agency requesting the adoption, amendment, or repeal of any rule."

2. Agency Procedures: Each agency may prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.

3. 60-Day Deadline (RCW 34.05.330(1)): "Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with RCW 34.05.320."

C. Washington APA Rulemaking Requirements:

If the Agency grants this petition and initiates rulemaking, it must comply with the Washington APA, including:

1. Preproposal Statement of Inquiry (CR-101): File with the Code Reviser and publish in the Washington State Register (RCW 34.05.310)
2. Proposed Rulemaking (CR-102): File notice of proposed rulemaking with at least 20 days' notice before the hearing (RCW 34.05.320)
3. Small Business Economic Impact Statement: If the rule imposes more than minor costs on businesses (RCW 19.85.030)
4. Significant Legislative Rule Analysis: If the rule is a "significant legislative rule" (RCW 34.05.328)
5. Public Hearing: At least one public hearing (RCW 34.05.320)
6. Concise Explanatory Statement: Agency must prepare a concise explanatory statement of the rule (RCW 34.05.325)
7. Filing (CR-103): File adopted rule with the Code Reviser (RCW 34.05.380)

D. Legislative Intent Requirement:

Under RCW 34.05.330(2), if the petitioner alleges that a rule is "not within the intent of the legislature or was not adopted in accordance with all applicable provisions of law," and the agency denies the petition, the petitioner may seek review by the Joint Administrative Rules Review Committee (JARRC) under RCW 34.05.655.

E. Constitutional Considerations:

[________________________________]
[________________________________]

F. Federal Preemption Analysis:

☐ No federal preemption issues identified
☐ Federal preemption analysis attached (see Exhibit [____])

[________________________________]
[________________________________]

G. Consistency with Existing Washington Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact:

1. Impact on regulated entities:
   [________________________________]
   [________________________________]

2. Impact on state government:
   [________________________________]

3. Impact on local government:
   [________________________________]

4. Cost-benefit summary:
   [________________________________]
   [________________________________]

B. Small Business Economic Impact (RCW 19.85):

Under the Regulatory Fairness Act (RCW 19.85), the Petitioner provides the following preliminary small business economic impact analysis:

1. Industries affected (SIC/NAICS codes):
   [________________________________]

2. Number of small businesses affected:
   [________________________________]

3. Estimated compliance costs for small businesses:
   [________________________________]

4. Whether the proposed rule imposes disproportionate costs on small businesses:
   [________________________________]

5. Steps to reduce costs on small businesses:
   [________________________________]

6. Whether the rule involves a significant legislative rule (RCW 34.05.328):
   ☐ Yes -- significant legislative rule analysis required
   ☐ No

C. Significant Legislative Rule Analysis (if applicable):

Under RCW 34.05.328, if the proposed rule qualifies as a "significant legislative rule," the agency must:

1. Determine that the rule is within the intent of the legislature
2. Determine that the rule is needed to achieve the purposes of the authorizing statute
3. Determine that the probable benefits of the rule outweigh the probable costs
4. Consider and determine that the rule is the least burdensome alternative
5. Consider creative, innovative, or flexible means of regulation
6. Develop a plan for informing and educating affected persons about the rule

[________________________________]
[________________________________]

D. Environmental Impact:

[________________________________]
[________________________________]

E. Jobs Impact:

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety:

[________________________________]
[________________________________]

B. Consumer Protection:

[________________________________]
[________________________________]

C. Environmental Protection:

[________________________________]
[________________________________]

D. Equity and Fairness:

[________________________________]
[________________________________]

E. Government Efficiency and Accountability:

[________________________________]
[________________________________]

F. Comparison with Other Jurisdictions:

IX. ALLEGATION REGARDING LEGISLATIVE INTENT (IF APPLICABLE)

Under RCW 34.05.330(2), if the petition to amend or repeal a rule alleges that the rule is not within the intent of the legislature or was not adopted in accordance with applicable provisions of law, this allegation must be specifically stated to preserve the right to petition JARRC upon denial.

☐ This petition alleges that the existing rule is not within the intent of the legislature.

Basis for this allegation:

[________________________________]
[________________________________]
[________________________________]

☐ This petition alleges that the existing rule was not adopted in accordance with all applicable provisions of law.

Basis for this allegation:

[________________________________]
[________________________________]
[________________________________]

☐ This petition does not make either allegation above (general rulemaking request).

X. SUPPORTING EVIDENCE AND EXHIBITS

The following documents are submitted in support of this petition:

☐ Exhibit A: Technical data and studies
☐ Exhibit B: Economic analysis and cost-benefit data
☐ Exhibit C: Stakeholder and industry letters of support
☐ Exhibit D: Comparative jurisdiction analysis
☐ Exhibit E: Federal regulatory references
☐ Exhibit F: Expert declarations or reports
☐ Exhibit G: Public comment summaries, surveys, or petitions
☐ Exhibit H: Draft rule text markup (redline version)
☐ Exhibit I: Draft small business economic impact analysis
☐ Exhibit J: Other: [________________________________]

XI. PETITIONER'S REQUEST

WHEREFORE, the Petitioner respectfully requests that [________________________________] (Agency):

1. Accept and docket this petition in accordance with RCW 34.05.330 and the Agency's prescribed petition procedures;

2. Initiate rule-making proceedings in accordance with RCW 34.05.320, consistent with the proposed rule language set forth herein, including:
   - Filing a Preproposal Statement of Inquiry (CR-101) with the Code Reviser
   - Publishing a Notice of Proposed Rulemaking (CR-102) in the Washington State Register
   - Conducting at least one public hearing
   - Preparing a Small Business Economic Impact Statement (if applicable);

3. Alternatively, if the Agency determines that denial is appropriate, provide a written denial within 60 days of submission, stating the Agency's reasons for the denial as required by RCW 34.05.330(1);

4. Notify the Petitioner of any public hearings, comment periods, or other proceedings related to the proposed rulemaking; and

5. Provide the Petitioner with a copy of the Agency's written decision on this petition.

XII. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements made in this petition are true and accurate to the best of my knowledge, information, and belief, and that this petition is submitted in good faith.

Signature: ________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS

Where to File

Agency Filing:

• Submit the petition directly to the state agency with jurisdiction over the subject matter
• Address the petition to the agency director, secretary, or designated rules coordinator
• Confirm the agency's preferred filing method (mail, hand delivery, email, online portal)

Code Reviser's Office (for reference):

• The Code Reviser maintains the Washington Administrative Code (WAC)
• Code Reviser's Office, P.O. Box 40551, Olympia, WA 98504-0551
• Website: https://leg.wa.gov/codereviser

Filing Requirements

☐ Original petition signed by petitioner or authorized representative
☐ Agency-prescribed petition form (if any -- check agency rules)
☐ Copy of proposed rule language
☐ All supporting exhibits properly labeled
☐ Cover letter addressed to agency head

Service Requirements

☐ Serve one copy on the agency
☐ Retain one copy for petitioner's records
☐ Serve copies as required by agency-specific rules

Filing Tips

1. Check agency-specific petition procedures -- some agencies have adopted specific rules for receiving petitions. Check the agency's chapter of the WAC and the agency's website.

2. Use WAC 1-21 (Model Rules) -- the model rules of procedure provide default procedures for agencies that have not adopted their own. Check whether the agency uses the model rules or has adopted its own procedures.

3. Request confirmation of receipt -- ask the agency to confirm receipt and provide a date stamp or acknowledgment. The 60-day response deadline runs from "submission."

4. Send via certified mail -- if mailing, use certified mail with return receipt requested to establish the submission date.

5. Check the Washington State Register -- review the WSR for any pending rulemaking on the same topic at https://leg.wa.gov/codereviser.

6. Review the agency's website -- many Washington agencies post their rulemaking petitions and responses online. Review past petitions for format and content guidance.

AGENCY RESPONSE REQUIREMENTS

Statutory 60-Day Deadline

Under RCW 34.05.330(1), the agency has a mandatory 60-day deadline to respond:

If the Agency Initiates Rulemaking

If the agency grants the petition, the following Washington APA rulemaking steps apply:

1. CR-101 -- Preproposal Statement of Inquiry: Filed with the Code Reviser; published in the Washington State Register (RCW 34.05.310)
2. CR-102 -- Proposed Rulemaking: Notice filed with Code Reviser with at least 20 days before hearing (RCW 34.05.320)
3. Public Hearing: At least one public hearing required (RCW 34.05.320)
4. SBEIS: Small Business Economic Impact Statement if the rule imposes more than minor costs on businesses (RCW 19.85.030)
5. Significant Legislative Rule Analysis: If applicable (RCW 34.05.328)
6. Concise Explanatory Statement: Prepared upon adoption (RCW 34.05.325)
7. CR-103 -- Rule Adoption: Filed with Code Reviser (RCW 34.05.380)
8. Effective Date: Generally 31 days after filing with the Code Reviser (RCW 34.05.380)

Possible Agency Responses

☐ Grant the petition -- initiate rulemaking under RCW 34.05.320
☐ Grant in part -- initiate rulemaking on some requested provisions
☐ Deny the petition in writing -- with stated reasons (mandatory under RCW 34.05.330(1))

APPEAL OF DENIAL

Washington provides multiple avenues to appeal a petition denial:

1. Appeal to the Governor (RCW 34.05.330(3))

If the agency denies a petition to repeal or amend a rule, the petitioner may appeal the denial to the Governor within 30 days of the denial.

• Filing Deadline: Within 30 days of the agency's denial
• Filed with: Office of the Governor, P.O. Box 40002, Olympia, WA 98504-0002
• Governor's Authority: The Governor may direct the agency to reconsider the petition or initiate rulemaking

Important: This right of appeal to the Governor is a significant feature of Washington rulemaking law not found in most other states.

2. Petition for Review by JARRC (RCW 34.05.330(2) and 34.05.655)

If the agency denies a petition to repeal or amend a rule, and the petition alleges that the rule is "not within the intent of the legislature or was not adopted in accordance with all applicable provisions of law," the petitioner may petition for review by the Joint Administrative Rules Review Committee (JARRC).

• Prerequisite: The original petition must have alleged that the rule exceeds legislative intent or was improperly adopted
• Filed with: Joint Administrative Rules Review Committee, Washington State Legislature
• JARRC Authority: JARRC can review the rule and recommend action to the legislature
• Reference: RCW 34.05.655

3. Administrative Remedies

1. Request Reconsideration: Submit a written request for reconsideration to the agency with additional evidence or arguments.

2. Legislative Channels: Contact the relevant legislative committees with jurisdiction over the agency to request oversight hearings.

4. Judicial Review (RCW 34.05.570)

If administrative remedies are exhausted, the petitioner may seek judicial review:

1. Rule Challenge (RCW 34.05.570): Any person may seek judicial review of the validity of a rule by bringing an action in Thurston County Superior Court.

2. Grounds for Invalidity (RCW 34.05.570(2)): A rule may be declared invalid if:
   - (a) It violates constitutional provisions
   - (b) It exceeds the statutory authority of the agency
   - (c) It was adopted without compliance with statutory rulemaking procedures
   - (d) It is arbitrary and capricious

3. Declaratory Judgment (RCW 34.05.570(1)): The validity or applicability of a rule may be determined in a proceeding for declaratory judgment.

4. Venue: Thurston County Superior Court for rule challenges under RCW 34.05.570.

5. Standing: The petitioner must demonstrate that they are adversely affected by the rule or the agency's refusal to act.

6. Burden of Proof: The burden of demonstrating the invalidity of agency action is on the party asserting invalidity (RCW 34.05.570(1)(a)).

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter to agency director
☐ Formal Petition for Rulemaking (signed)
☐ Statement of petitioner's interest
☐ Statement of need and purpose
☐ Proposed rule language (full text)
☐ Legal authority analysis
☐ Verification/signature page

Recommended Supporting Documents

☐ Economic impact analysis
☐ Small Business Economic Impact Statement (preliminary)
☐ Significant Legislative Rule analysis (if applicable)
☐ Technical studies or data
☐ Stakeholder support letters
☐ Comparative jurisdiction analysis
☐ Expert declarations or reports
☐ Federal regulatory references
☐ Allegation of legislative intent (if seeking JARRC review rights)
☐ Proof of service/delivery

Filing Copies

☐ Original for agency filing
☐ Copy for petitioner's records
☐ Copy for attorney (if represented)
☐ Date-stamped copy or confirmation from agency

PRACTICE TIPS FOR WASHINGTON PRACTITIONERS

Before Filing

1. Understand Washington's strong petition rights -- Washington provides some of the strongest petition rights in the nation, including: (a) a mandatory 60-day response deadline; (b) an appeal right to the Governor within 30 days of denial; and (c) a right to petition JARRC if the petition alleges the rule exceeds legislative intent.

2. Check agency-specific petition forms -- some agencies have adopted specific petition forms and procedures in their chapters of the WAC. Review the agency's procedural rules before filing.

3. Review WAC 1-21 (Model Rules) -- if the agency has not adopted its own petition procedures, the Model Rules of Procedure in WAC 1-21 may apply.

4. Check the Washington State Register -- review the WSR for any pending rulemaking on the same topic at https://leg.wa.gov/codereviser.

5. Research significant legislative rule status -- if the proposed rule would be a "significant legislative rule" under RCW 34.05.328, address the additional requirements in the petition.

Drafting the Petition

6. Include a legislative intent allegation (if applicable) -- if the petition seeks amendment or repeal of a rule and alleges the rule exceeds legislative intent, include this allegation explicitly in the petition. This preserves the right to petition JARRC under RCW 34.05.655 if the petition is denied.

7. Draft specific rule language -- provide proposed WAC text using the numbering and formatting conventions of the Washington Administrative Code.

8. Address Regulatory Fairness Act requirements -- include preliminary analysis under RCW 19.85 (Regulatory Fairness Act) regarding small business economic impacts.

9. Address significant legislative rule criteria -- if the proposed rule may qualify as a significant legislative rule, address the requirements of RCW 34.05.328 in the petition, including cost-benefit analysis and least burdensome alternative.

10. Cite specific statutory authority -- identify the precise RCW provisions that authorize the agency to adopt the proposed rule.

After Filing

11. Calendar the 60-day deadline -- the agency must respond within 60 days of submission under RCW 34.05.330(1). Calendar this deadline and follow up promptly if it passes without a response.

12. Calendar the 30-day appeal deadline -- if the petition is denied, the petitioner has only 30 days to appeal to the Governor under RCW 34.05.330(3). Calendar this deadline immediately upon receiving a denial.

13. Exercise the Governor appeal right -- the right to appeal a petition denial to the Governor within 30 days is a powerful and unique feature of Washington law. Use it if the denial appears unreasonable.

14. Consider JARRC review -- if the petition alleged that the rule exceeds legislative intent and was denied, petition JARRC for review under RCW 34.05.655. JARRC can recommend legislative action.

15. Preserve all records -- retain copies of all filings, correspondence, and date-stamped receipts for potential judicial review or appeal to the Governor.

SOURCES AND REFERENCES

1. RCW 34.05.330 - Petition for Adoption, Amendment, Repeal:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05.330

2. Washington Administrative Procedure Act (RCW 34.05):
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05&full=true

3. RCW 34.05.655 - Petition for Review by JARRC:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05.655

4. RCW 34.05.570 - Judicial Review of Rules:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05.570

5. RCW 34.05.320 - Rule-Making Procedures:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05.320

6. RCW 34.05.328 - Significant Legislative Rules:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=34.05.328

7. RCW 19.85 - Regulatory Fairness Act:
   - https://app.leg.wa.gov/rcw/default.aspx?cite=19.85

8. WAC 1-21 - Model Rules of Procedure:
   - https://app.leg.wa.gov/wac/default.aspx?cite=1-21

9. Washington State Register / Code Reviser:
   - https://leg.wa.gov/codereviser

10. Sample Petition (WDFW):
    - https://wdfw.wa.gov/sites/default/files/about/regulations/petitions/

11. Liquor and Cannabis Board Petition Procedures:
    - https://lcb.wa.gov/laws/petition-for-rulemaking

This template is provided for informational purposes only and does not constitute legal advice. Rulemaking petition requirements vary by agency under the Washington APA. Consult a qualified Washington attorney before filing a petition for rulemaking. Last updated: 2026-03-08.