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Influencing the Rulemaking Process: What are Rules?
A statute is a law passed by a legislative body; it can only change or be adopted when the legislature is in session. Rules and regulations are developed and adopted by state agencies to help implement state and federal laws. A rule can be thought of as a regulation that is set up by an appropriate authority. That authority could be the State Legislature, the courts, or a state agency. The regulations serve to guide an agency and the operation of programs under its responsibility. Rules help define and guide a government agency's specific organization and its procedures
Administrative rules spell out how the law will be administered; they have the force of law, and they can change at any time during the year. A state agency can adopt, repeal, or modify a rule for any number of reasons. A citizen, or group of citizens, can also request that a rule be adopted, modified or repealed. Just as citizens can influence how laws are written, citizens can influence how rules are written.
For example, a government agency will give notice that it is about to develop new rules (or regulations) to specify how it is going to enforce a new law just passed by the Legislature. Or, a government agency may give notice that it wants to repeal an existing rule because it is making the delivery of a specific service too difficult and is not effective. Similarly, an individual or a group may give notice to a state agency that it wishes to challenge a rule that is having a negative effect on a population that they serve. Or, that same group or individual may petition for the adoption of a new rule.
Once a rule becomes final, it has the force of law and can impact our everyday lives. Because rules are so significant, it is important to remember: citizen comments and input can affect the design of agency rules, or rule changes, throughout the rule-making process.
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.