Laws & Rules> Petitions for Rule Making

Petitions for Rule Making

This web page has information about the types of petitions for rule making Ecology may receive and instructions about how to submit a petition to our agency.

Types of Petitions

The rule-making sections of the Administrative Procedure Act (RCW 34.05) allow for three types of petitions to agencies.

1. Open petitions

2. Substantial change petitions

3. Petition to convert an interpretive or policy statement into a rule

1. Open petition

Any person, at any time, may petition the agency regarding repeal or amendment of any existing rule, or the adoption of a new rule. The format of the petition is not prescribed in statute. If you would like to submit a petition for rule making to Ecology, RCW 82.05 contains the process for how you may do this.  You must submit your request to the Agency Rules Coordinator, Jerry Thielen (360) 407-7551.

Upon “submission” of a petition the agency has 60 days to:

1. deny the petition, stating its reasons for the denial and specifically addressing the petitioner’s concerns, as well as indicating alternative means by which the agency will address the petitioner’s concerns, if appropriate, or,

2. initiate rule making.

If the agency denies the petition to repeal or amend a rule, the petitioner may, within 30 days, appeal to the Governor. The Governor then has 45 days to deny the appeal or direct the agency to initiate rule making

2. Substantial change petition

“Within sixty days of publication of the adopted rule in the Washington State Register, any interested person may petition the agency to amend any portion of the adopted rule that is substantially different from the proposed rule. The petitioner must demonstrate how the adopted rule is substantially different and include text of the petitioner's proposed amendment.” Please submit your request to the Agency Rules Coordinator, Jerry Thielen (360) 407-7551.

An adopted rule is “substantially different” if the issues or anticipated effects determined in the adopted rule differ from those of the proposed rule. Provisions for the petition process and agency response are the same as “open petition” (above).

3. Petition to convert an interpretive or policy statements into a rule

You may submit a petition Ecology to convert an interpretive or policy statement into rule. Please submit your request to the Agency Rules Coordinator, Jerry Thielen (360) 407-7551.

When a petition to convert an interpretive or policy statement into a rule is received by an agency, the agency must notify the Joint Administrative Rules Review Committee (JARRC). The agency then has 60 days to deny the petition in writing, including its reasons for denial, or to initiate rule making. The provisions outlined in RCW 34.05.330 do not apply to this type of petition. 

• When in doubt as to whether or not a particular communication is a petition, contact your AAG. 
• Since the petitioner is not bound to a particular format, the program must interpret the intent of the petitioner.