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Rulemaking

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Contact jack.zeigler@des.wa.gov for information on DES rule making activity, or to be added to the rules mailing list for notification of rule changes.

2022 rulemaking activities

July-DecemberAgency Rulemaking Agenda

  • Local government self-insurance health and welfare program rules: Update to align with statutory changes related to health insurance for school employees
  • Local government self-insurance program: Update local government self-insurance program to allow participation by the State Board of Pilotage Commissioners
  • Capitol Campus Use - Update for clarification and clean up, alignment with current RCWs and to add appeal process for exclusion rules

Rulemaking activities in progress

Detailed information about each rulemaking activity, including how anyone interested can participate in the rulemaking, will continuously be added to this page as work progresses. Rulemaking information will first appear shortly after the time of DES's initial filing (CR-101 or CR-105) with the Office of the Code Reviser. The initial filing signals the start of rulemaking for each rulemaking listed on the rulemaking agenda.

 

Use of the Public Areas of the Capitol Buildings and Grounds

The Department of Enterprise Services (DES) is updating rules in Chapter 200-220 WAC Use of the Public Areas of the Capitol Buildings and Grounds. The Campus use rules are designed to balance the conduct of government business, public access and expression of free speech, public safety and welfare, the stewardship of the capitol buildings and grounds, and civic education. All three branches of the Washington State Government conduct their business here.

This rulemaking update is limited in scope. The purpose is to:

  • Make technical edits for clarification and clean up purposes.
  • Make it clear that DES has delegated authority to the Washington State Patrol (WSP) for enforcing Campus use statues, rules, and policies.
  • Put in place an administrative process for exclusion from use of the campus as an available enforcement action. A process is included for appealing an exclusion from use of the Campus.

We would like to clarify a new administrative exclusion process is being established vs simply adding an appeal process for exlusion to the current rules. Exclusion is an administrative process that can be used instead of citing someone for criminal trespass, which is a misdmeanor.The rules in place right now do not provide the option to use this civil process.

Opportunities to participate in this rulemaking

DES will seek continuous feedback as we develop these updates. In addition to up-front work with anyone interested in participating with DES on updating the rules, a formal public comment period will be held later in the rulemaking process.

As rulemaking progresses, this page will be updated with new information including opportunities for anyone interested in participating with DES in updating the rules.

We are now accepting comments on a proposed rule from August 24 through September 30

  • Written comments will be accepted online through the end of the business day on Friday, September 30, 2022
  • Oral comments will be accepted at a public hearing from 2-4 p.m. on Wednesday, September 27, 2022.
    • Join the public hearing online Via Zoom. Passcode 189959.
    • Join the public hearing by telephone:Call 877-853-5247. Passcode 189959.

Feedback was sought on a preliminary discussion draft before August 12

We invited anyone interested to share ideas and thoughts early in the rulemaking process. This allowed us to incorporate feedback in crafting the changes to the rules.

Learn more

Timeline

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

 

Date

Activity

9/30, 2022 Coming up - Public comment period closes at the end of the business day on September 30, 2022
9/27/2022 Coming up - The Official Public Hearing will be held online via Zoom on September 27 from 2 to 4 p.m. for anyone interested in providing oral comment on the proposed rule
8/25/2022 Written comments will be accepted online through the end of the business day on September 30, 2022
8/24, 2022 CR-102 Proposed Rule filed as WSR 22-17-170. See the proposed rule.
8/12, 2022 Opportunity to share your thoughts on the discussion draft closes
5/18, 2022 CR-101 Preproposal Statement of Inquiry published in Issue 22-10 of the Washington State Register. See 22-10-063
5/4, 2022 Start of rulemaking – CR-101 Preproposal Statement of Inquiry WSR 22-10-063 filed with the Office of the Code Reviser.
1/31, 2022 Subject of rulemaking placed on agency Jan-June 2022 Agency Rulemaking Agenda

 

 

Rulemaking completed in the past one year

Chapter 200-100 WAC Local government self-insurance program

The legislature amended state law under chapter 48.62 RCW to allow the State Board of Pilotage Commissioners (the Board), a Washington state agency, to join or participate in a local government joint self-insurance program covering liability risks. Previously, no state agency was allowed to join or participate in a local government self-insurance pool. During our review of the current rules, it became clear that other rule changes may be needed to align with the new statute to accommodate a state agency such as the Board. Some changes applicable to local government members of a self-insurance pool do not necessarily apply to the Board.

Changes to the current rules allow the Board to join or participate in a local government joint self-insurance program covering liability risks but not property risks.

Changes also prohibit any employee or officical of the Board from receiving anything of value for services rendered in connection with a self-insurance program.

The intent of these changes is to align with the addition of a new section (RCW 48.62.037) to chapter 48.62 RCW and to provide a financially safe and transparent operating environment to the self-insurance pool members.

Rules adopted

DES received no comments in writing prior to close of business on September 9 or at the public hearing held on September 7. No changes were made to the proposed rule and DES adopted the rules as proposed.

We accepted comments on a proposed rule from August 3 through September 9

  • Written comments were accepted online through the end of the business day on September 9, 2022
  • Oral comments were accepted at a public hearing on September 7, 2022

Feedback was sought on a preliminary discussion draft

We invited anyone interested to share ideas and thoughts early in the rulemaking process. This allowed us to incorporate your feedback in crafting changes to the rules.

Learn more

Rulemaking Docket and the Concise Explanatory Statement

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

 

Date

Activity

10/24/2022 Rules become effective
9/22/2022 Rules adopted and filed with the Office of the Code Reviser as WSR 22-20-022
9/12/2022 No oral or written comments were received. The Official Rulemaking File is being prepared for the State Risk Manager's review in advance of adoption and filing of the CR-103 Permanent Rule Making Order.
9/09/2022 Public comment period closes
8/03/2022

The CR-102 Notice of Proposed Rulemaking and the proposed rules filed with the Office of the Code Reviser. Comments accepted online through the end of the business day on Friday, September 9, 2022

8/02/2022 Subject rulemaking placed on the July-Dec 2022 Agency Rulemaking Agenda
4/05/2022 Invitation for anyone interested in participating with DES in the rulemaking
4/20/2022 CR-101 Preproposal Statement of Inquiry published in Issue 22-08 of the Washington State Register. See 22-08-086  
4/05/2022 Start of rulemaking - CR-101 Preproposal Statement of Inquiry WSR 22-08-086 filed with the Office of the Code Reviser
1/31/2022 Subject of rulemaking placed on agency Jan-June 2022 Agency Rulemaking Agenda

 

 

Chapter 200-110 WAC Local government self-insurance health and welfare program rules

The Department of Enterprise Services (DES) is updating rules in chapter 200-110 WAC to align with statutory changes placing health insurance for school employees under the oversight of the School Employees Benefits Board (SEBB). DES is also updating rules to reflect recent changes to standards addressing solvency and independent audit requirements.

The Legislature created the SEBB Program in 2017 and the program was fully effective on Jan. 1, 2020. During the 2018 session, the Legislature revised the law to require school districts (but not educational service districts or charter schools) to offer benefits through the School Employees Benefit Board (SEBB).

Feedback was sought on a preliminary discussion draft before March 18

We invited anyone interested to share ideas and thoughts early in the rulemaking process. This allowed us to incorporate feedback in crafting the changes to the rules.

Comments on the proposed rule were accepted from March 5 throughMay 18

  • Written comments were accepted online through the end of the business day on Wednesday, May 18, 2022
  • Oral comments were accepted at the public hearing held online via Zoom on Tuesday, May 10, 2022.

Rules adopted

DES received no comments in writing or at the public hearing held on May 10. No changes were made to the proposed rule and DES adopted the rules as proposed.

Learn more

Rulemaking Docket and the Concise Explanatory Statement

Timeline

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

 

Date Activity
9/25/2022 Rules become effective
8/24/2022 Rules adopted and filed with the Office of the Code Reviser as WSR 22-18-001
5/18, 2022 No oral or written comments were received. The Official Rulemaking File is being prepared for the Director's review in advance of adoption and filing of the CR-103 Permanent Rule Making Order.
5/18, 2022 Written comments accepted online through the end of the business day on May 18, 2022
5/10/2022 The Official Public Hearing will be held online via Zoom on May 10, 2020, from 2 to 4 p.m. for anyone interested in providing oral comment on the proposed rule
4/20/2022 The Office of the Code Reviser publishes the CR-102 Notice of Proposed Rule Making and the proposed rule in Issue 22-08 of the Washington State Register. See 22-08-100
4/05/2022 The CR-102 Notice of Proposed Rule Making and the proposed rule filed with the Office of the Code Reviser. Comments accepted online through the end of the business day on Wednesday, May 18, 2022.
3/18/2022 Stakeholder participation work completed
2/08/2022 CR-101 Preproposal Statement of Inquiry published in Issue 22-04 of the Washington State Register. See 22-04-006
1/31/2022 Subject of rulemaking placed on agency Jan-June 2022 Agency Rulemaking Agenda
1/20/2022 Start of rulemaking – CR-101 Preproposal Statement of Inquiry WSR 22-04-006 filed with the Office of the Code Reviser.

Print Reporting

Enterprise Services has completed expedited rulemaking in order to to remove the annual print management strategy reporting requirement on state agencies, boards and commissions, and higher education institutions.

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Opportunity to object

Under limited criteria, an agency is allowed by state law to conduct rulemaking using a streamlined rulemaking process known as expedited rulemaking. While expedited rulemaking does not provide an opportunity for the public to comment on the proposed rules, the process does provide an opportunity for anyone to object to the proposed rule. If an objection is filed and not withdrawn, the rulemaking is started over using the regular rulemaking process.

No objections were filed with DES during the 45-day objection period. Because no objections were filed, DES adopted the proposed change. This change becomes effective on November 29, 2021.

Contact Jack Zeigler at jack.zeigler@des.wa.gov if you have questions about filing an objection.

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

Date

Activity

11/29/2021 Rule changes become effective
11/03/2021 Rules published in Issue 21-21 of the Washington State Register. See WSR 21-22-031.
10/25/2021 Rule changes adopted
10/18/2021 Objection period concludes. No objections received.
9/01/2021 CR-105 Notice of Expedited Rule Making published in the Washington State Register. See WSR 21-17-011.

8/05/2021

Start of rulemaking – CR-105 Expedited Rule Making – filed with the Office of the Code Reviser.

7/30/2021

Subject of rulemaking placed on agency rulemaking agenda


Public Records Update

Enterprise Services has completed expedited rulemaking in order to update administrative and descriptive information about the agency. In addition, this rulemaking clarified rules governing fees charged for public records. These change did not change the effect of the rules in place prior to this rulemaking.

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Opportunity to object period concluded

The opportunity to object has concluded. No objections were received and the proposed rules were adopted without change.

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

Date Activity
5/5/2021 Rules published in Issue 20-09 of the Washington State Register and effective
4/14/2021 Rules adopted
12/14/2020 Rule adoption review starts
12/07/2020 Objection period concludes. No objections were received
10/06/2020 Start of rulemaking – Expedited Rule Making – filed with the Office of the Code
07/29/2020 Subject of rulemaking placed on agency rulemaking agenda

Enforceable restrictions on vehicles parking on the Capitol Campus

Enterprise Services addressed overnight and extended parking issues on Deschutes Parkway. These issues raised concerns about public health, safety and the environment.

The agency filed a formal notice (CR 101) on November 6, 2019 to conduct rulemaking to make sure traffic and parking regulations on the Capitol Campus are enforceable and clear. DES committed to a robust process that includes stakeholder input and to finding a solution that is sustainable, defensible and fair. Rulemaking concluded with adoption of proposed rules on February 19, 2021. The updated traffic and parking regulations clarify the Director's authority to enforce parking restrictions, clarify related parking regulations, and support related aspects of chapter 200-210 Use of the Public Areas of the Capitol Buildings and Grounds.

Learn more

Rulemaking Docket and the Concise Explanatory Statement

For a larger view of the timeline, please double-click it.
Timeline of rulemaking activity

Date Activity
04/01/2021 Rules effective. Implementation preparation activities start.
02/19/2021 Rules adopted and filed with the Office of the Code Reviser.
1/11/2021 The intended adoption date has been extended to allow adequate time to review and consider all written and oral comments.
01/08/2021 Comments accepted online through the end of the business day on Friday, January 8, 2021
01/05/2021 The Official Public Hearing to be held online via Zoom on January 5, 2020, from 4 to 6 p.m. for anyone interested in providing oral comments.
12/16/2020 WSR 20-24-132 and the proposed rule to be published in the Washington State Register issue 20-24.
12/02/2020 Start of the official comment period - CR-102 Notice of Proposed Rule Making and the proposed rule filed with the Office of the Code Reviser. Comments accepted online through the end of the business day on Friday, January 8, 2021
11/15/2020 Draft rule shared with interested participants in advance of filing as Proposed Rule (CR-102) with the Office of the Code Reviser.
11/06/2019 Start of rulemaking – Preproposal Statement of Inquiry – WSR 19-22-094 filed with the Office of the Code Reviser
11/06/2019 Added to agency rulemaking agenda