Rulemaking

Information about DES rulemaking activity.

2023 rulemaking activities

July-December Agency Rulemaking Agenda

  • Capitol Campus Use - Part 2: These rules were first put in place over a decade ago and have not received a comprehensive review and update since first adopted. This rulemaking is intended to make the rules clear, current, and understandable as well as close operational gaps.
  • Public Works Contracting - Addressing equity and efficiencies, including small works roster requirements: The 2023 Legislature passed House Bill ESSB 5268, modifying small works roster requirements. This rulemaking will update DES' small works roster rules to make sure they align with the recent changes to state law. DES will make other changes to make the rules easier to understand and update related DES administrative procedures.
  • Campus Commemorative and Art Works: These rules were first put in place 24 years ago and have not received a comprehensive review and update since first adopted. This rulemaking is intended to make the rules clear, current, and understandable as well as close operational gaps.

Detailed information about each rulemaking activity, including how anyone interested can participate in the rulemaking, will 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.

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

Rulemaking completed in the past year

Capitol Campus Use - Part 1 - Enforcement and appeals related to the use of the Capitol Campus

Update for clarification and clean up, alignment with current RCWs and to add appeal process for exclusion rules.

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 official 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 through May 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.

Learn more

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.

Learn more

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

Related Topics

Contact us

Jack Ziegler

DES Policies & Rules Manager

Email rules@des.wa.gov