Rulemaking in the legislative process.

The passage of a law by the legislature is just the beginning. Often a law outlines the desired outcome, but rarely includes the details of implementation. The legislature passes the laws and then it is up to the administrative branch to see the laws are implemented. This is usually done through the Rulemaking process.
Rulemaking in Washington State refers to the process by which state agencies create, modify, or repeal rules in the Washington Administrative Code (WAC). These rules help implement and enforce laws and policies enacted by elected officials.
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The rulemaking process includes three important steps.

1. The administration identifies its policy goals and objectives. These could relate to public health, environmental protection, economic growth, or social justice.
2. Relevant agencies draft rules that align with the administration’s policy. These rules provide specific guidelines, procedures, and standards for implementation.
3. The agency engages stakeholders, experts, and the public. Public hearings, comment periods, and consultations allow input on proposed rules.

After considering feedback, the agency adopts the final rule. The rules become legally binding and enforceable. Agencies enforce the rules through inspections, penalties, or incentives. Compliance ensures policy objectives are met.

Two examples of rulemaking include the Shoreline Management Act. RCW 90.58 establishes the Shoreline Management Act. WAC Chapters 173-26 and 173-27 provide detailed rules for land use and development along shorelines, balancing environmental protection and economic growth. Another example is RCW 19.118 which addresses apparel labeling requirements. WAC 173-337 specifies details such as labeling for athletic wear, rainwear, school uniforms, and other clothing items.

Rulemaking ensures effective implementation of laws and helps protect public health, the environment, and other critical areas. It bridges policy intent with practical application, ensuring policies are translated into actionable measures.

Author

Matt Murphy, TCRCC Government and Regional Affairs Director, ​[email protected]