Regulatory Comment Letter

REGULATORY COMMENT LETTER — WASHINGTON

Washington Regulatory Framework Overview

Washington State's rulemaking and regulatory comment process is governed by the Administrative Procedure Act (APA), RCW 34.05. The rulemaking process involves three formal phases — inquiry, proposal, and adoption — each marked by a specific form filed with the Office of the Code Reviser and published in the Washington State Register (WSR). The Code Reviser maintains the Washington Administrative Code (WAC), which contains all adopted state agency rules.

Washington's rulemaking process is notable for its transparency requirements, including a mandatory Concise Explanatory Statement that agencies must provide to all commenters explaining how their comments were addressed, and the Small Business Economic Impact Statement (SBEIS) requirement for rules affecting small businesses.

Key Washington Agencies Accepting Regulatory Comments

• Department of Ecology — air quality, water resources, waste management, cleanup, shoreline management
• Utilities and Transportation Commission (UTC) — electric, gas, water, telecommunications, transportation utilities
• Office of the Insurance Commissioner (OIC) — insurance regulation
• Department of Health (DOH) — public health, health care facility licensing, health professions
• Department of Labor and Industries (L&I) — workplace safety, workers' compensation, trades licensing
• Department of Revenue (DOR) — tax administration
• Department of Licensing (DOL) — professional and business licensing
• Department of Social and Health Services (DSHS) — social services, behavioral health, developmental disabilities
• Department of Fish and Wildlife (WDFW) — fishing and hunting regulations, habitat management
• State Board of Education / Office of Superintendent of Public Instruction (OSPI) — education regulations
• Department of Commerce — housing, community development, energy policy

Washington Rulemaking Process — Three Phases

Phase 1: Inquiry (CR-101)

1. Agency files CR-101 (Preproposal Statement of Inquiry) with the Code Reviser
2. Published in the Washington State Register
3. Agency solicits early input from stakeholders (no formal comment period required)
4. Agency develops proposed rule text

Phase 2: Proposal (CR-102)

5. Agency files CR-102 (Proposed Rulemaking) with the Code Reviser
6. Published in the Washington State Register with proposed rule text
7. Minimum 20-day public comment period begins (30 days for significant legislative rules)
8. Agency holds public hearing (if requested by certain entities or at agency discretion)
9. Agency reviews all written and oral comments

Phase 3: Adoption (CR-103)

10. Agency files CR-103 (Rulemaking Order) with the Code Reviser
11. Concise Explanatory Statement sent to all commenters (RCW 34.05.325(6))
12. Rule published in Washington State Register and codified in WAC
13. Rule typically takes effect 31 days after filing

Type of Regulatory Comment

☐ Comment on CR-101 / Preproposal Statement of Inquiry (Early Input)
☐ Comment on CR-102 / Proposed Rulemaking (Formal Comment Period)
☐ Comment on Existing Rule — Request for Amendment or Repeal
☐ Petition for Rulemaking (RCW 34.05.330)
☐ Petition for Declaratory Order (RCW 34.05.240)
☐ Comment on Agency Guidance Document or Interpretive Statement
☐ Comment on Agency Enforcement Policy
☐ Comment on Significant Legislative Rule (RCW 34.05.328)
☐ Comment on Small Business Economic Impact Statement (SBEIS)
☐ Request for Waiver or Variance from Existing Rule
☐ Request for No-Action Letter or Advisory Opinion
☐ Comment on Emergency Rule (RCW 34.05.350)
☐ Comment on Expedited Rulemaking (RCW 34.05.353)

PART I: PRIMARY COMMENT LETTER TEMPLATE

A. Letterhead and Identification

[COMMENTER NAME / ORGANIZATION LETTERHEAD]
[________________________________]
[________________________________]
[________________________________]
[City, State ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

B. Agency Addressee

[Name of Agency Director / Rules Coordinator]
[Title]
[Agency Name]
[________________________________]
[________________________________]
[City], Washington [____]

Via: ☐ First-Class Mail  ☐ Email ([________________________________])
     ☐ Online Portal  ☐ Hand Delivery  ☐ WSR Submission

C. Reference Line

Re:     Regulatory Comment — [________________________________]
        WSR Citation: WSR [____]-[____]-[____]
        WAC Citation: WAC [________________________________]
        CR-102 Filing Date: [__/__/____]
        Agency: [________________________________]
        Comment Period Deadline: [__/__/____]
        Public Hearing Date (if scheduled): [__/__/____]

D. Introduction

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), [I/we] respectfully submit the following comments in response to [the CR-102 proposed rulemaking / the CR-101 preproposal inquiry / the agency guidance document / the enforcement policy / the emergency rule] published by [________________________________] (the "Agency") in the Washington State Register, WSR [____]-[____]-[____], on [__/__/____], concerning [________________________________] (the "Proposed Rule").

Commenter is a [________________________________] [individual / business entity / trade association / nonprofit organization / government entity] [operating in / representing members in] [________________________________] in the State of Washington. Commenter has a direct and substantial interest in the Proposed Rule because [________________________________].

[Commenter ☐ intends to / ☐ does not intend to present oral testimony at the public hearing scheduled for [__/__/____] at [________________________________].]

E. Executive Summary

Commenter [☐ supports / ☐ opposes / ☐ supports with modifications] the Proposed Rule and respectfully requests that the Agency:

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

F. Statutory and Regulatory Background

The Agency's authority to [adopt / amend / repeal / interpret] the [rule / guidance / policy] at issue derives from:

• Enabling Statute: RCW [________________________________]
• Administrative Procedure Act: RCW 34.05
• Relevant WAC Section(s): WAC [________________________________]
• Related Federal Law (if applicable): [________________________________]

Under RCW 34.05.325(6), when the Agency adopts a rule, it must prepare a Concise Explanatory Statement that identifies the Agency's reasons for adopting the rule, describes the differences between the text of the proposed rule and the adopted rule (with reasons for changes), and summarizes comments received and the Agency's response.

G. Section-by-Section Analysis and Comments

Comment 1: [Rule Section / Provision]

Comment 2: [Rule Section / Provision]

Comment 3: [Rule Section / Provision]

[Add additional comments as needed]

H. Small Business Economic Impact Statement (SBEIS) Analysis

Under RCW 34.05.310(4), the Agency must prepare a Small Business Economic Impact Statement when the proposed rule may impose more than minor costs on businesses in an industry. Commenter offers the following analysis:

Estimated Compliance Cost: $[________________________________]

Impact on Small Businesses (fewer than 50 employees): [________________________________]

Disproportionate Impact on Small vs. Large Businesses: [________________________________]

Steps Agency Has Taken to Reduce Impact on Small Businesses (RCW 19.85.030):
[________________________________]

Alternative Approaches to Reduce Small Business Impact:
☐ Reduced compliance requirements for small businesses
☐ Simplified reporting requirements
☐ Extended compliance timelines
☐ Performance-based standards rather than prescriptive requirements
☐ Other: [________________________________]

I. Significant Legislative Rule Analysis (RCW 34.05.328)

[Complete this section if the proposed rule is a "significant legislative rule"]

Under RCW 34.05.328, a significant legislative rule requires the Agency to determine that:

☐ The rule is within the agency's delegated legislative authority
☐ The rule adopted is within the range of alternatives considered
☐ The probable benefits of the rule are greater than its probable costs (considering qualitative and quantitative factors)
☐ A least burdensome alternative was selected

Commenter's position on each applicable criterion:

Delegated Authority: [________________________________]

Range of Alternatives Considered: [________________________________]

Cost-Benefit Analysis: [________________________________]

Least Burdensome Alternative: [________________________________]

J. Alternatives and Recommendations

Commenter respectfully proposes the following alternative approaches:

1. Alternative A: [________________________________]
   - Advantages: [________________________________]
   - Implementation: [________________________________]

2. Alternative B: [________________________________]
   - Advantages: [________________________________]
   - Implementation: [________________________________]

K. Conclusion

For the reasons set forth above, Commenter respectfully urges the Agency to [________________________________]. Commenter requests that the Agency [adopt / modify / withdraw] the Proposed Rule [in its entirety / as specifically described herein].

Commenter [☐ requests / ☐ does not request] the opportunity to present oral testimony at the public hearing.

Commenter [☐ requests / ☐ does not request] a copy of the Concise Explanatory Statement when the rule is adopted.

Commenter [☐ requests / ☐ does not request] notification of the Agency's final action on this matter.

L. Supporting Documentation

The following documents are attached in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Economic Impact Analysis
☐ Technical Data / Expert Report
☐ SBEIS Response / Small Business Impact Data
☐ Comparative Regulatory Analysis (other jurisdictions)

M. Signature Block

Respectfully submitted,

________________________________________
[Full Name]
[Title / Position]
[Organization]
[________________________________]
[City], Washington [____]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

PART II: PETITION FOR RULEMAKING (RCW 34.05.330)

Under RCW 34.05.330, any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The agency must within 60 days either deny the petition in writing (stating reasons) or initiate rulemaking.

Petition for Rulemaking Template

[PETITIONER LETTERHEAD]

Date: [__/__/____]

[Agency Director / Rules Coordinator]
[Agency Name]
[Address]

Re:     Petition for Rulemaking Under RCW 34.05.330
        Requesting: ☐ Adoption of New Rule  ☐ Amendment of Existing Rule  ☐ Repeal of Existing Rule
        WAC Citation (if applicable): WAC [________________________________]

Dear [________________________________]:

Pursuant to RCW 34.05.330, [________________________________] ("Petitioner") respectfully petitions the Agency to [adopt / amend / repeal] the following rule:

1. Description of Proposed Action:
[________________________________]

2. Existing Rule Affected (if applicable):
WAC [________________________________]

3. Statutory Authority:
RCW [________________________________]

4. Reasons for the Proposed Action:
[________________________________]

5. Proposed Rule Text (if applicable):
[________________________________]

6. Expected Impact:
[________________________________]

Note: Under RCW 34.05.330, the Agency must respond to this petition within 60 days by either denying the petition in writing (stating reasons) or initiating rulemaking proceedings. If the Agency denies the petition, Petitioner may seek judicial review of the denial.

Respectfully submitted,

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART III: PETITION FOR DECLARATORY ORDER (RCW 34.05.240)

Under RCW 34.05.240, any person may petition an agency for a declaratory order regarding the applicability of a statute, rule, or order within the agency's primary jurisdiction to specified circumstances.

Declaratory Order Petition Template

BEFORE THE [AGENCY NAME]
STATE OF WASHINGTON

In the Matter of:                           )
                                            )
Petition for Declaratory Order              )    Docket No. [________________]
Regarding [________________________________])
                                            )
Filed by: [________________________________])

TO THE [AGENCY NAME]:

Pursuant to RCW 34.05.240 and WAC [________________________________] (if applicable), the undersigned Petitioner respectfully requests a declaratory order:

1. Petitioner Information:

• Name: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Attorney (if represented): [________________________________], WSBA No. [____]

2. Statute, Rule, or Order at Issue:

• RCW: [________________________________]
• WAC: [________________________________]

3. Specified Circumstances / Statement of Facts:
[________________________________]

4. Specific Question(s) Presented:

1. [________________________________]
2. [________________________________]

5. Petitioner's Position and Legal Analysis:
[________________________________]

6. Supporting Documentation:
☐ Factual exhibits attached
☐ Legal memorandum attached
☐ Prior agency determinations on related issues

7. Requested Relief:
Petitioner respectfully requests that the Agency issue a declaratory order determining that [________________________________].

Note: Under RCW 34.05.240(4), the Agency must determine within 15 days of receipt whether to rule on the petition, which it may do at any time thereafter. If the Agency declines to issue a declaratory order, or issues an adverse order, judicial review may be sought.

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART IV: REQUEST FOR WAIVER OR VARIANCE

[LETTERHEAD]

Date: [__/__/____]

[Agency Director / Division Manager]
[Agency Name]
[Address]

Re:     Request for Waiver/Variance from [________________________________]
        WAC Citation: WAC [________________________________]
        Applicant: [________________________________]

Dear [________________________________]:

[________________________________] ("Applicant") respectfully requests a [☐ waiver / ☐ variance] from the requirements of the above-referenced rule.

1. Rule from Which Waiver/Variance is Sought:
WAC [________________________________]

2. Specific Provision(s) at Issue:
[________________________________]

3. Factual Basis for Request:
[________________________________]

4. Hardship or Impracticability of Compliance:
[________________________________]

5. Alternative Compliance Measures Proposed:
[________________________________]

6. How the Purpose of the Rule Will Still Be Achieved:
[________________________________]

7. Public Health, Safety, and Welfare Considerations:
[________________________________]

8. Duration of Requested Waiver/Variance:
☐ Permanent ☐ Temporary — through [__/__/____]

Respectfully submitted,

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART V: COMMENT ON AGENCY GUIDANCE DOCUMENT OR INTERPRETIVE STATEMENT

[LETTERHEAD]

Date: [__/__/____]

[Agency Director / Division Manager]
[Agency Name]
[Address]

Re:     Comment on Agency Guidance Document / Interpretive Statement / Policy Statement
        Document Title: [________________________________]
        Date Published: [__/__/____]

Dear [________________________________]:

[________________________________] ("Commenter") respectfully submits the following comments regarding the above-referenced guidance document.

1. Nature of Concern:
☐ The guidance exceeds the Agency's statutory authority
☐ The guidance conflicts with existing rules in the WAC
☐ The guidance constitutes a "rule" under RCW 34.05.010(16) and requires formal rulemaking
☐ The guidance is ambiguous or unclear in application
☐ The guidance imposes requirements not authorized by statute or rule
☐ The interpretive statement was not filed with the Code Reviser as required by RCW 34.05.230(3)
☐ Other: [________________________________]

2. Specific Provisions at Issue:
[________________________________]

3. Analysis:
[________________________________]

Under RCW 34.05.010(16), a "rule" is defined as any agency order, directive, or regulation of general applicability that implements, interprets, or prescribes law, policy, or organization. If this guidance document meets that definition, the Agency must either withdraw it or adopt it through formal rulemaking procedures. Separately, under RCW 34.05.230(3), agencies must file interpretive and policy statements with the Code Reviser for publication.

4. Requested Action:
☐ Withdraw the guidance document
☐ Revise the guidance document
☐ Initiate formal rulemaking through the CR-101/CR-102/CR-103 process
☐ File the interpretive statement with the Code Reviser (RCW 34.05.230(3))
☐ Issue a declaratory order under RCW 34.05.240
☐ Other: [________________________________]

Respectfully submitted,

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART VI: COMMENT PREPARATION CHECKLIST

Before Submitting Your Comment

☐ Verified the comment period deadline (minimum 20 days from CR-102; 30 days for significant legislative rules)
☐ Confirmed correct agency rules coordinator and submission method
☐ Reviewed the full text of the proposed rule in the Washington State Register
☐ Reviewed the CR-102 notice (including authority, purpose, and hearing information)
☐ Reviewed the Small Business Economic Impact Statement (SBEIS) if applicable
☐ If significant legislative rule, reviewed the cost-benefit analysis (RCW 34.05.328)
☐ Identified all specific WAC sections or provisions at issue
☐ Researched relevant enabling statutes (RCW citations)
☐ Researched relevant existing WAC provisions
☐ Checked for related federal regulations or preemption issues
☐ Prepared economic/compliance cost analysis if applicable
☐ Gathered supporting data, studies, or expert opinions
☐ Drafted section-by-section comments with specific proposed language changes
☐ Identified less burdensome alternatives (especially for significant legislative rules)
☐ Reviewed comment for legal accuracy and professional tone

Submission Requirements

☐ Comment is addressed to the correct agency rules coordinator
☐ Comment clearly identifies the proposed rule by WSR citation and WAC reference
☐ Comment includes commenter's full contact information
☐ Comment is filed before the comment period deadline
☐ If testifying at public hearing, prepared oral testimony and written copy
☐ Retained copy of comment for records
☐ If submitting electronically, confirmed receipt acknowledgment
☐ Requested a copy of the Concise Explanatory Statement upon adoption

Post-Submission Follow-Up

☐ Confirmed receipt of comment by the Agency
☐ Attended public hearing (if applicable): [__/__/____]
☐ Monitored Washington State Register for CR-103 (Rulemaking Order)
☐ Received Concise Explanatory Statement from the Agency
☐ Reviewed Concise Explanatory Statement for adequacy of response to comments
☐ Assessed whether adopted rule differs materially from proposed rule
☐ If necessary, evaluated grounds for judicial review (RCW 34.05.570)
☐ Calendared effective date of adopted rule (typically 31 days after CR-103 filing)

PART VII: AGENCY RESPONSE OBLIGATIONS

Under Washington's APA, agencies have the following obligations:

Concise Explanatory Statement Requirements (RCW 34.05.325(6))

The Concise Explanatory Statement must:
☐ Identify the Agency's reasons for adopting the rule
☐ Describe differences between proposed and adopted rule text, with reasons for changes
☐ Summarize all comments received regarding the proposed rule
☐ Describe the Agency's response to comments and the changes made (or reasons for not making changes)

Challenging Agency Non-Compliance

If the Agency fails to comply with its obligations:

☐ Petition for judicial review under RCW 34.05.570
☐ Challenge the rule as invalid for failure to comply with rulemaking procedures
☐ File petition for rulemaking under RCW 34.05.330 to compel reconsideration
☐ Contact the Governor's office regarding executive order compliance
☐ Contact the Joint Administrative Rules Review Committee (JARRC) of the Legislature
☐ Seek declaratory judgment in superior court

Sources and References

• Washington Administrative Procedure Act: RCW 34.05
• Office of the Code Reviser: leg.wa.gov/state-laws-and-rules/washington-state-register/
• Washington State Register: leg.wa.gov/state-laws-and-rules/washington-state-register/
• Washington Administrative Code: apps.leg.wa.gov/wac/
• Rulemaking Help for State Agencies: leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/
• Small Business Economic Impact Statements: RCW 19.85
• Significant Legislative Rules: RCW 34.05.328