Public Comments are Open for Social Equity Rulemaking Through Feb. 29

There are typically three steps in the rulemaking process: inquiry, proposal, and adoption. On Nov. 8, 2023, the first step of the rulemaking process began with the filing of the preproposal statement of inquiry (CR-101).

We are currently seeking feedback from the public to help develop rules for the next round of social equity applications. Throughout the rulemaking process, there are many opportunities for you to provide input. The comment deadline for the first step of the rulemaking process is Feb. 29, 2024.

Rulemaking in Washington State

To better define laws passed by the legislature, Washington State agencies are tasked with developing rules. When rules are finalized, they are published in the Washington Administrative Code (WAC). LCB’s rules are cited in Title 314. There is a legal framework for state agencies to develop rules, and the rulemaking process is governed by the Administrative Procedure Act (RCW 34.05) and the Regulatory Fairness Act (RCW 19.85).

Steps of the Rulemaking Process

1. Agency files a CR 101, a Preproposal Statement of Inquiry. This step kicks off the rulemaking process. It informs the public that the agency is considering implementing rules and is seeking input from stakeholders.
2. Agency staff drafts the rule proposal. The LCB Rules team collaborates with subject matter experts and stakeholders to develop draft rules or rule changes to share publicly. This usually happens at the same time as the CR 101 public comment period, and public feedback is incorporated as it is received.
3. Agency files a CR 102, a Proposed Rulemaking Notice. The agency publishes a draft of the proposed rules or rule changes to get public comment and feedback. There is a minimum 35-day public comment period for a CR 102.
4. Agency holds a public hearing. During a regularly scheduled Board meeting, there is an opportunity for the public to provide comments on the proposed rules or rule changes in person or virtually via the Teams meeting link. Comments are also accepted in writing by the stated deadline.
5. Agency incorporates public comments. If there are no major changes to the proposal, the agency moves forward with rule adoption. However, if there are substantial changes to the rules as a result of public comments, the agency must rewrite the proposal to incorporate feedback and return to step 3 of the rulemaking process by filing a revised CR 102.
6. Agency files a CR 103, the final step to adopt the rules. Once the Board approves the final rules, they are sent to Code Reviser’s office and usually go into effect 31 days after the CR 103 is filed, unless otherwise specified.

You can learn more about the rulemaking process on our website here.

Tips for Providing Feedback

We have the challenge of weighing a variety of factors in developing rules. Many people representing a wide range of viewpoints provide input and comments during the rulemaking process.

When commenting, give specific concerns or benefits of the draft or proposed rule change and make recommendations for improvement. Support your comment with personal experiences, data, facts, and/or expert opinions. Consider potential benefits, costs, outcomes, impacts, and unintended consequences. If possible, it is helpful to suggest specific language to be included.

If you have ideas about what you want to see in the Social Equity rule changes, please send your comments via the contact information below. Stay tuned, as the we will soon be providing a variety of opportunities for you to provide input.

Why Does This Matter?

We value your input! We want to consider your ideas and opinions so the rule changes reflect the needs of the communities we serve. These rules will have a direct impact on the next round of Social Equity applications. We encourage all voices to submit their comments for consideration. As detailed above, there will be several periods to submit comments during the rulemaking process. The Social Equity blog will provide ongoing updates on rules as is relevant.

Contact Information for Providing Input

You can submit your written feedback on the rule changes via mail, e-mail or fax. There will be a public hearing to give spoken feedback (in person or by signing up to speak at the meeting via Teams) during a regularly scheduled Board meeting after the CR 102 is filed.

By mail:

• Rules Coordinator
  Liquor and Cannabis Board
  P.O. Box 43080
  Olympia, WA 98504–3080

By e-mail:

• rules@lcb.wa.gov

By fax:

• 360–704–5027