Regulatory Comment Letter - Washington

REGULATORY COMMENT LETTER — WASHINGTON

Washington Regulatory Framework Overview

Washington State rulemaking is governed by the Administrative Procedure Act, chapter 34.05 RCW. For a permanent rule, the Code Reviser's official sequence uses CR-101 (preproposal), CR-102 (proposal), and CR-103P (final rule). The CR-101 requirement and 30-day prenotice period apply only when RCW 34.05.310 applies; subsection (4) lists exceptions and subsection (5) restores coverage for specified health-profession fee rules.

Before filing an adopted rule, an agency must prepare a Concise Explanatory Statement and provide it on request or to a person from whom the agency received comment. A Small Business Economic Impact Statement (SBEIS) is required when a proposed rule will impose more than minor costs on businesses in an industry or when requested by a majority of JARRC, subject to the completed-pilot-rule exception.

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

Permanent Rulemaking Sequence — Confirm Coverage and the Actual Notice

Step 1: Inquiry (CR-101), when RCW 34.05.310 applies

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; check the CR-101 for the stated participation process
4. Agency develops proposed rule text

Step 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. Notice must be published at least 20 days before the rulemaking hearing; the notice sets the written-comment deadline
8. Agency provides an opportunity for oral comment at a public rulemaking hearing
9. Agency reviews all written and oral comments

Step 3: Adoption (CR-103P)

10. Agency files CR-103P (Permanent Rulemaking Order) with the Code Reviser
11. Concise Explanatory Statement provided on request and to each person from whom the Agency received a comment (RCW 34.05.325(6))
12. Code Reviser records the filing date; review the resulting WSR and WAC materials for the final text
13. Unless an exception applies, the rule takes effect when the 30-day period after filing expires

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 19.85.030-.040, the Agency must prepare a Small Business Economic Impact Statement when the proposed rule will impose more than minor costs on businesses in an industry or when a majority of JARRC timely requests one, unless the Agency completed the statutory pilot-rule process before filing the proposal. 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 Disproportionate Impact on Small Businesses, Where Legal and Feasible (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"]

RCW 34.05.328 applies only to the agencies and rules identified in subsection (5), including rules to which an agency voluntarily applies the section or JARRC makes it applicable. If the section applies, the Agency must address the determinations in subsection (1), including:

☐ The rule is needed to achieve the statute's stated goals and objectives, after analysis of alternatives and the consequences of no rule
☐ A preliminary cost-benefit analysis is available, and a final analysis will be available at adoption
☐ The probable benefits of the rule are greater than its probable costs (considering qualitative and quantitative factors)
☐ The adopted rule is the least burdensome compliant alternative that achieves the statutory goals and objectives
☐ The remaining determinations in RCW 34.05.328(1)(f)-(i) are supported

Commenter's position on each applicable criterion:

Need, Statutory Goals, and Alternatives: [________________________________]

Preliminary Cost-Benefit Analysis: [________________________________]

Cost-Benefit Analysis: [________________________________]

Least Burdensome Compliant 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 within 60 days by either denying the petition in writing with the required reasons or initiating rulemaking. For a denial of a petition to repeal or amend a rule, subsection (2) permits a JARRC petition when the stated statutory grounds are alleged, and subsection (3) permits an appeal to the Governor within 30 days. Those routes do not apply identically to every petition; obtain legal advice about any other review option and deadline.

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 to specified circumstances of a statute, rule, or order enforceable by the agency.

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, the Agency must give required notice of the petition within 15 days. Within 30 days after receipt, it must enter an order, set proceedings or an order deadline no more than 90 days after receipt, or decline in writing with reasons. The statutory 90-day limits may be extended for good cause. A declaratory order has the same status as an order in an adjudicative proceeding; obtain legal advice promptly about review of an adverse order or written declination.

________________________________________
[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 may satisfy every applicable element of "rule" under RCW 34.05.010(16), after considering the statutory exclusions
☐ The guidance is ambiguous or unclear in application
☐ The guidance imposes requirements not authorized by statute or rule
☐ The Agency did not submit the subject-matter and contact notice required by RCW 34.05.230(4)
☐ Other: [________________________________]

2. Specific Provisions at Issue:
[________________________________]

3. Analysis:
[________________________________]

RCW 34.05.010(16) defines a "rule" as an agency order, directive, or regulation of general applicability that has one of the effects listed in paragraphs (a) through (e), subject to listed exclusions. Classification therefore requires provision-by-provision legal analysis. Interpretive and policy statements are advisory only. Under RCW 34.05.230(4), when an agency issues one, it submits to the Code Reviser a notice describing the statement's subject matter and identifying the agency contact from whom a copy may be obtained. A person may separately petition under RCW 34.05.230(2) to convert an interpretive or policy statement into a rule.

4. Requested Action:
☐ Withdraw the guidance document
☐ Revise the guidance document
☐ Initiate formal rulemaking through the applicable CR-101/CR-102/CR-103P process
☐ Submit the subject-matter and agency-contact notice to the Code Reviser (RCW 34.05.230(4))
☐ Treat this as a petition to convert the statement into a rule (RCW 34.05.230(2))
☐ 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 written-comment deadline in the CR-102 and confirmed the hearing notice was published at least 20 days before the hearing
☐ 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-103P (Permanent 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, obtained counsel's analysis of any judicial-review route and deadline
☐ Calendared effective date of adopted rule (normally after the 30-day post-filing period expires, subject to statutory exceptions)

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:

☐ Obtain counsel's analysis of any judicial-review route, standing rule, record requirement, and deadline
☐ Evaluate whether the rule may be challenged for noncompliance with applicable rulemaking procedures
☐ File a petition under RCW 34.05.330 requesting adoption, amendment, or repeal of a rule
☐ Use the Governor appeal route in RCW 34.05.330(3), if that subsection applies
☐ Contact the Joint Administrative Rules Review Committee (JARRC) of the Legislature
☐ Ask counsel whether declaratory, injunctive, or other relief is available on the specific facts

Official Research Links

The current official authorities and operative excerpts verified for this template are recorded in the frontmatter sources block. Before filing, also retrieve the actual CR filing, proposed or adopted text, comment deadline, hearing information, and agency-specific procedural rules from the Code Reviser and the agency.