Revised Code of Washington

Wash. Rev. Code § 34.05.325 (2026)

✓ current as of May 2026

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(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.

(2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.

(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.

(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. Regardless of whether the agency head has delegated rule-making authority, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing, unless the agency head presided or was present at substantially all of the hearings. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.56 RCW.

(5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment individually. All comments by all persons shall be made in the presence and hearing of other attendees. Written or electronic submissions may be accepted and included in the record. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.

(6)(a) Before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule:

(i) Identifying the agency's reasons for adopting the rule;

(ii) Describing differences between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for differences; and

(iii) Summarizing all comments received regarding the proposed rule, and responding to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so.

(b) The agency shall provide the concise explanatory statement to any person upon request or from whom the agency received comment.

[ 2009 c 336 s 1; 2005 c 274 s 262; 1998 c 125 s 1; 1995 c 403 s 304; 1994 c 249 s 7; 1992 c 57 s 1; 1988 c 288 s 304.]

Notes:

Application—1995 c 403 ss 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.

Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

Severability—Application—1994 c 249: See notes following RCW 34.05.310.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1998–2022 · leading case: Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009).

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Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009). “Pursuant to the Washington Administrative Procedure Act, Wash. Rev.Code Ann. § 34.05.325, the Board conducted well-attended hearings on the proposed rules.”

Stormans, Inc. v. Selecky, 571 F.3d 960 (9th Cir. 2009). · cites it 2× “Pursuant to the Washington Administrative Procedure Act, Wash. Rev. Code Ann. § 34.05.325 , the Board conducted well-attended hearings on the proposed rules.”

Puget Sound Harvesters Ass'n v. Dep't of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). · cites it 2× “Under RCW 34.05.325(6)(a), before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule.”

Univ. of Washington v. Allan, 959 P.2d 1184 (Wash. Ct. App. 1998). “320(1) and RCW 34.05.325(2), (4), (6). Although the revisions did not formally comply with APA rule-making requirements, 1 the proposed revisions were publicized and Mrs.”

Puget Sound Harvesters Ass'n v. Dep't of Fish & Wildlife, 332 P.3d 1046 (Wash. Ct. App. 2014). “Under RCW 34.05.325(6)(a), WDFW issued a concise explanatory statement detailing the agency’s reasons for adopting the 2012 rules.”

Je Dunn Nw., Inc. v. Dept. of Labor & Indus., 156 P.3d 250 (Wash. Ct. App. 2007). “010(16) (emphasis added). Agency rules must be promulgated pursuant to the rulemaking requirements of the APA, which include publishing the proposed rule in the state register, giving notice of a public hearing, providing an explanatory statement, and maintaining a rule-making…”

Nix v. Dep't of Soc. & Health Servs., 256 P.3d 1259 (Wash. Ct. App. 2011). · cites it 2× “¶7 Also as part of the rule-making process, the Department issued a “Concise Explanatory Statement” (CES), as required under RCW 34.05.325. The CES must (1) identify the agency’s reasons for adopting the rule, (2) describe the differences between the text of the proposed rule as…”

Psha. v. Dept. of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). · cites it 2× “NOTES [1] Under RCW 34.05.325(6)(a), before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule.”

Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019). “328 that can be identified to a particular business; (g) The concise explanatory statement required by RCW 34.05.325(6); and (h) Any other material placed in the file by the agency.”

Dept. of Soc. & Health Servs. v. Nix, 256 P.3d 1259 (Wash. Ct. App. 2011). · cites it 2× “¶ 7 Also as part of the rulemaking process, the Department issued a "Concise Explanatory Statement" (CES), as required under RCW 34.05.325. The CES must (1) identify the agency's reasons for adopting the rule, (2) describe the differences between the text of the proposed rule as…”

Ctr. For Biological Diversity, App v. Dept. Of Fish & Wildlife, Resps (Wash. Ct. App. 2020). · cites it 2× “320; RCW 34.05.325. “The purpose of such rule-making procedures is to ensure that members of the public can participate meaningfully in the development of agency policies which affect them.”

Zoe Foster & Stella Foster, Resps v. Wa State Dep't Of Ecology, App (Wash. Ct. App. 2017). “32 RCW 34.05.325. RCW 34.05.340. 34 92 Wn. App.”

Show all 15 citing cases →

— Wash. Rev. Code § 34.05.325(2) — 1 case

— Wash. Rev. Code § 34.05.325(6) — 3 cases

Nix v. Dep't of Soc. & Health Servs., 256 P.3d 1259 (Wash. Ct. App. 2011). “¶7 Also as part of the rule-making process, the Department issued a “Concise Explanatory Statement” (CES), as required under RCW 34.05.325. The CES must (1) identify the agency’s reasons for adopting the rule, (2) describe the differences between the text of the proposed rule as…”

Dept. of Soc. & Health Servs. v. Nix, 256 P.3d 1259 (Wash. Ct. App. 2011). “¶ 7 Also as part of the rulemaking process, the Department issued a "Concise Explanatory Statement" (CES), as required under RCW 34.05.325. The CES must (1) identify the agency's reasons for adopting the rule, (2) describe the differences between the text of the proposed rule as…”

— Wash. Rev. Code § 34.05.325(6)(a) — 5 cases

Puget Sound Harvesters Ass'n v. Dep't of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). “Under RCW 34.05.325(6)(a), before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule.”

Psha. v. Dept. of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). “NOTES [1] Under RCW 34.05.325(6)(a), before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule.”

Ctr. For Biological Diversity, App v. Dept. Of Fish & Wildlife, Resps (Wash. Ct. App. 2020). “320; RCW 34.05.325. “The purpose of such rule-making procedures is to ensure that members of the public can participate meaningfully in the development of agency policies which affect them.”

Puget Sound Harvester's Assoc, V Wa State Dept Of Fish & Wildlife (Wash. Ct. App. 2014).

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