Rulemaking Process of the Indeterminate Sentence Review Board

Chapter 34.05 RCW sets out the basic process for the adoption of rules by state agencies, including the Indeterminate Sentence Review Board (ISRB).  The ISRB must follow the law to adopt, amend, or repeal rules.  The following is a brief description of the general process that the ISRB uses to follow the requirements of the statute.  Individual elements may vary depending on the kind of rulemaking (emergency rules are processed differently, for example) and the needs and required timing of the proposal.

CR-101

Rulemaking begins with the ISRB’s consideration and issuance of a Preproposal Statement of Inquiry, on the Code Reviser’s form CR-101.  The CR-101 identifies possible subjects of rulemaking under active consideration within the ISRB.  The ISRB solicits comments from the public on those subjects.  The CR-101 is filed with the Code Reviser and published in the Washington State Register.  The ISRB sends notice of the CR-101 to persons who have asked for such notices and to others it believes may be interested in the topic.  The ISRB sets a date for comments on the CR-101.  The ISRB may also schedule one or more workshops with interested persons.

Workshops/Opportunity for Additional Written Comments

Workshops are informal meetings that provide the ISRB and interested persons an opportunity to identify any issues related to the subject of the rulemaking, to discuss options for addressing those issues, and to gather information before beginning to draft rules.  Following the workshop(s), ISRB begins the process of drafting proposed rules, taking into consideration the comments of workshop participants and the written comments filed by interested persons.  The ISRB solicits written comments and /or alternative draft language from interested persons on the draft proposed rules.   The ISRB may hold additional meetings to craft language, review drafts, or conduct other activities that involve interested persons as well as ISRB staff in the development of proposals.  The ISRB Board members may participate in workshops, receive briefings, and talk with staff and other interested persons to monitor and share their views about the developing rules.

CR-102

The ISRB seeks reasonable consensus in the development of rules.  When consensus is achieved, or when time needs or other factors indicate that a proposal should proceed without complete consensus, the ISRB will make its decision on whether to go forward with a formal proposal.  This is done publicly, when feasible, either during an open public meeting or in another forum that provides an opportunity for public comment.  Interested persons may express their opinions at a regularly scheduled ISRB Board meeting or in writing during the public comment period. 

If the Board approves publication of the draft rules for comment, they become the ISRB’s formal rule proposal.  Notice of the proposed rules is filed with the Code Reviser on the Code Reviser’s CR-102 form, along with the proposed rules.   These are published in the State Register.  The ISRB provides notice of the CR-102 filing to interested persons, and requests written comments on the rule proposal.  The ISRB may hold additional workshops if it believes they will be helpful.  The CR-102 will set a date for an adoption hearing if one is required by law or if the ISRB feels a hearing is appropriate.

Public  Hearing

After reviewing the comments of interested persons on the rule proposal, the ISRB will hold a public hearing.  Interested persons may comment orally.

Adoption Order

If the ISRB adopts, amends, or repeals a rule, it will enter a rule adoption order and file the order and the adopted rules with the Code Reviser for publication in the State Register.  The rules become effective on the 31st day after filing, unless the ISRB specifies a different date in the Adoption Order.