Business Policies and Procedures Manual
Chapter 10: Organization

Internal Rule-Making Procedures

BPPM 10.35

For more information contact:
    Policies, Records, and Forms
    509-335-2005

 1.0   Overview and Purpose

 Title 504 of the Washington Administrative Code (WAC) is the WAC chapter that contains the rules applying specifically to WSU. This policy summarizes the internal rulemaking process for new WAC rules, WAC revisions, and deletions.

2.0   Roles and Responsibilities

The University Rules Coordinator, located in the Office of Policies, Records, and Forms (PRF), administers additions, amendments, and deletions to WAC rules.

The WSU unit(s) that develops, implements, and administers a WAC rule is the “responsible unit” and must:

  • Ensure its rules are up to date;
  • Comprehensively review its rules at least once every three years; and
  • Monitor its rules for compliance, accuracy, efficiency, and effectiveness.

PRF also sends reminders to the responsible unit when it appears a rule is outdated or needs review.

3.0   Procedures

3.1   Additions or Changes

3.1.a   Review Existing WAC Title 504 Rules

The state Code Reviser publishes the Washington Administrative Code, including WAC Title 504. A University unit considering adding or repealing sections of WAC Title 504 or changing an existing section should review the current rules on the proposed subject in WAC Title 504.

3.1.b   Request Timeline

 The unit seeking to add, repeal, or change sections of WAC Title 504 contacts the Rules Coordinator and describes the planned change.

The Rules Coordinator, or designee, provides an estimated timeline for completion of the rule change. Generally, the unit should assume that a WAC revision takes at least seven months to process. A typical timeline includes the following steps:

  • The Rules Coordinator submits of the preproposal to the Code Reviser.
  • The Code Reviser publishes the preproposal in the Washington State Register.
  • The responsible unit submits the proposed WAC language to the Rules Coordinator.
  • The Rules Coordinator reviews and edits the proposed language.
  • The Attorney General’s Office and responsible administrators and University bodies review and approve the proposal.
  • The proposal receives institutional approval from the University president or designee.
  • The Rules Coordinator submits the approved proposal to the Code Reviser. (This must be submitted at least 30 days after publication of the preproposal.)
  • The Rules Coordinator holds a hearing and solicits public comment regarding the proposal. (This occurs at least 20 days after publication of the proposal.) Any comments are forwarded to the President’s Office for consideration by the Board of Regents.
  • The Board of Regents considers the proposal for adoption. Exception: The Board has delegated authority to the University president or designee to approve rules in some areas (e.g., parking). See BOR2 (Board of Regents Policy on Delegation of Authority), Appendix 3.
  • If the proposal is adopted, the Rules Coordinator submits a Rulemaking Order and the proposal becomes effective at least 31 days after submittal.
3.1.c   Develop WAC Draft

Responsible units and other reviewers are to use the University’s approved equity lens tool when developing the draft. See the PRF website Policy Development and Review for the equity lens tool, the University’s policy on Tribal Engagement, Consultation, and Consent (EP41), and other resources.

 3.1.d   Submit WAC Draft

The responsible unit submits the draft WAC language to the Rules Coordinator at least six weeks prior to the submittal of the proposal to the Code Reviser to allow time for editing and institutional review and approval.

3.1.e   Obtain Additional Review

If additional University groups or units are to review the proposal prior to institutional review and approval, the responsible unit may coordinate the review prior to submitting the proposal to the Rules Coordinator. Alternatively, the responsible unit may work with PRF to coordinate the review.

3.2   Emergency and Expedited Rulemaking

Adoption, amendment, or repeal of a rule on an emergency basis may be permitted when needed for the preservation of health, safety, or welfare or to comply with a federal deadline for state receipt of federal funding. RCW 34.05.350.  Adoption, amendment, or repeal of a rule on an expedited basis also may be permitted when the proposed rule meets the criteria in RCW 34.05.353.

The Rules Coordinator works with responsible units and the Attorney General’s Office to determine whether a proposed change meets the statutory criteria for an emergency or expedited rule. If so, once any internal approvals are obtained, the Rules Coordinator files notice with the Code Reviser and assists with the emergency or expedited rulemaking process.

The Board of Regents has delegated authority to the University president to approve emergency and expedited rules.

3.3   Petitions for WAC Changes

 Any person may petition the University to request the adoption, amendment, or repeal of any WAC Title 504 rule. (RCW 34.05.330) The petition must include:

  • Text or description of the proposed rule or change;
  • Name, title, and number of the existing rule, if applicable; and
  • If requesting repeal of a rule, a description of the effects of repeal.

(WAC 82-05-010 through -050)

Submit the petition to the Rules Coordinator (see Section 3.1.b).

_______________________
Revisions:  April 2024 (Rev. 624); April 2014 (Rev. 430); Dec. 2000 – new policy (Rev. 175).