Chapter 17

The Initial Stages of the Rulemaking Process

Original Author: Elizabeth Parker

Revised 2014 by Patricia Winget

17.0 Introduction

Download a PDF of Section 17.0

An agency that proposes rules usually has several goals in mind. It needs to comply with laws the legislature enacted requiring it to adopt rules. It needs to establish specific requirements, standards, or procedures to enable it to enforce or administer certain laws or programs. It needs to solve problems that have been brought to its attention and respond to comments or suggestions it has received from the public. It also needs to emerge from the rulemaking process with a rule that is clear, cogent, and understandable.

Rulemaking success depends on the ability of concerned-citizen groups and agency regulators to work together to find a solution to a problem, to propose the solution to the legislature, to obtain legislative rulemaking authority, and then to continue collaborating through the rule adoption process.