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Influencing the Rulemaking Process: Practical Tips to Get Started
- Engage Others: One person can make a difference, especially if that person is a reliable source of information, but an agency will usually pay more attention if it hears from many people, or a group, rather than just a single individual as early in the process as possible.
- Use the Agency Website: Large state agencies may use their own websites to explain their rule-making processes in detail. This information usually includes: proposed rule changes, the designated public contact for questions; the cut-off time for public input; and, details about any public hearings.
- Go directly to State Government Resources: If the state agency you are interested in does not have information readily available, you can access permanently adopted rules, changes to an agency's rules, and assorted announcements relating to the rules process of state agencies through your state government's administrative code website. A partial listing of state registers, journals, and bulletins (publications which may contain notice and/or full text of proposed and adopted rules, and/or other types of government notices); state codes (listings of all effective agency and administrative rules); and manuals (the guidance document produced to assist rulewriting agencies) is available from the Administrative Code and Registers section of the National Association of Secretaries of State. [A more complete listing of online state resources for rules and regulations is currently available via the Wyoming Secretary of State website].
- Use the Library: If you do not have access to a computer, you can still read the current issues of your state's register. Ask your local library or local branch of the state library if they receive print subscriptions, electronic updates, or online access to this information. Your city or county courthouse or county law library can also provide assistance. .
- Identify the Rules-Coordinator for the agency you care about: A rules-coordinator is the person assigned by the state agency that is designated to know what rule-changes are being considered and the key personnel working on the proposed rule-change. One of the rules-coordinator's responsibilities is to respond to citizen questions regarding any rule change and the person(s) to contact in the agency for more information. The rules-coordinators and key personnel are pleasant and very helpful; don't hesitate to ask questions. Contact information regarding the rules-coordinators is available from the state agency in which you are interested, and is also published within your state's register. If there is no rules-coordinator listed for the agency you are inquiring about, call the agency itself and ask for the rules-coordinator. Some agency employees may not know the answer, but they can refer you to someone who does.
NOTE: The time of state employees and the resources of the state spent on this process are significant, and you won't want to abuse the right to challenge a rule. Respecting the time of agency personnel will be appreciated, and besides, there is always a chance that your concerns may be addressed by speaking with staff - without the time and effort involved in the formal process of appealing or challenging a proposed rule-change.
Adapted from Influencing the Rulemaking Process in Washington State: A Role for Citizens in Public Policy (July 2003), produced through the Civic Engagement Project, a joint project of OMB Watch, Charity Lobbying in the Public Interest, and the University of Washington School of Social Work.