Revised Code of Washington
Wash. Rev. Code § 34.05.370 (2026)
Rule-making file
✓ current as of May 2026
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(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.
(2) The agency rule-making file shall contain all of the following:
(a) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;
(f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 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.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
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 19
cases (1 in the last 5 years), 1992–2022 · leading case: Neah Bay Chamber of Com. v. Dep't of Fisheries, 832 P.2d 1310 (Wash. 1992).
Neah Bay Chamber of Com. v. Dep't of Fisheries, 832 P.2d 1310 (Wash. 1992). “RCW 34.05.370(1). This file serves as the record of review, although the file "need not be the exclusive basis for agency action on that rule.”
Aviation West Corp. v. Dep't of Labor & Indus., 980 P.2d 701 (Wash. 1999). “355 (1992)3, read as follows: (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the…”
Rios v. Dep't of Labor & Indus., 32 Envtl. L. Rep. (Envtl. Law Inst.) 20532 (Wash. 2002). “At a bench trial in June 1998, the trial court issued an oral ruling based on the oral argument of counsel, the testimony from witnesses, and “the rule-making file required by RCW 34.05.370, as well as all pleadings, briefs and evidence which were called to the Court’s attention.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “2d 1310 (1992), for the proposition that an agency must have evidence to support a rule adopted years before RCW 34.05.370(1) specifically required a rule-making file.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “2d 1310 (1992), for the proposition that an agency must have evidence to support a rule adopted years before RCW 34.05.370(1) specifically required a rule-making file.”
Rios v. Wash. Dept. of Labor & Indus., 39 P.3d 961 (Wash. 2002). “At a bench trial in June 1998, the trial court issued an oral ruling based on the oral argument of counsel, the testimony from witnesses, and "the rule-making file required by RCW 34.05.370, as well as all pleadings, briefs and evidence which were called to the Court's attention.”
Puget Sound Harvesters Ass'n v. Dep't of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). “RCW 34.05.370(1) requires each agency to maintain an official rule-making file for each rule that it proposes by publication in the state register or that it adopts.”
Pasco v. Dep't of Ret. Sys., 42 P.3d 992 (Wash. Ct. App. 2002). “370(3) sets forth nine grounds for granting relief from the Department's Final Order, only two of which pertain here: (1) "The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law"; and (2) "[t]he agency has erroneously…”
Musselman v. Dep't of Soc. & Health Servs., 134 P.3d 248 (Wash. Ct. App. 2006). “The rule-making file contains copies of all public notices relating to the rule-making process, transcripts of any public meetings, copies of any comments received, a concise statement explaining the need for the rule, and any other material the agency considered.”
D.W. Close Co. v. Dep't of Labor & Indus., 143 Wash. App. 118 (Wash. Ct. App. 2008). “” RCW 34.05.370(4); Wash. Indep., 148 Wn.2d at 906 .”
Aviation West Corp. v. Dep't, 980 P.2d 701 (Wash. 1999). “355 (1992) ], read as follows: (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the…”
John Worthington, V Wa State Liquor & Cannabis Bd. (Wash. Ct. App. 2017). “He responded to Worthington’s question as follows: Although I have not personally maintained the rule[-]making file, my staff and I were pleased to accommodate the visit based upon your request made pursuant to RCW 34.05.370. Prior draft versions of the rule[-]making file, prior…”
— Wash. Rev. Code § 34.05.370(1) — 9 cases
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “2d 1310 (1992), for the proposition that an agency must have evidence to support a rule adopted years before RCW 34.05.370(1) specifically required a rule-making file.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “2d 1310 (1992), for the proposition that an agency must have evidence to support a rule adopted years before RCW 34.05.370(1) specifically required a rule-making file.”
Neah Bay Chamber of Com. v. Dep't of Fisheries, 832 P.2d 1310 (Wash. 1992). “RCW 34.05.370(1). This file serves as the record of review, although the file "need not be the exclusive basis for agency action on that rule.”
Puget Sound Harvesters Ass'n v. Dep't of Fish & Wildlife, 239 P.3d 1140 (Wash. Ct. App. 2010). “RCW 34.05.370(1) requires each agency to maintain an official rule-making file for each rule that it proposes by publication in the state register or that it adopts.”
Aviation West Corp. v. Dep't, 980 P.2d 701 (Wash. 1999). “355 (1992) ], read as follows: (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the…”
— Wash. Rev. Code § 34.05.370(2) — 4 cases
Musselman v. Dep't of Soc. & Health Servs., 134 P.3d 248 (Wash. Ct. App. 2006). “The rule-making file contains copies of all public notices relating to the rule-making process, transcripts of any public meetings, copies of any comments received, a concise statement explaining the need for the rule, and any other material the agency considered.”
Musselman v. DSHS, 134 P.3d 248 (Wash. Ct. App. 2006).
John Worthington, App./cross-res. v. Wa State Liquor & Cannabis Bd., Res/cross-app. (Wash. Ct. App. 2017).
Ctr. For Biological Diversity, App v. Dept. Of Fish & Wildlife, Resps (Wash. Ct. App. 2020).
— Wash. Rev. Code § 34.05.370(2)(a) — 1 case
Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019).
— Wash. Rev. Code § 34.05.370(2)(c) — 1 case
Twin Harbor Fish & Wildlife, V State Fish & Wildlife (Wash. Ct. App. 2022).
— Wash. Rev. Code § 34.05.370(2)(f) — 2 cases
Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019).
Twin Harbor Fish & Wildlife, V State Fish & Wildlife (Wash. Ct. App. 2022).
— Wash. Rev. Code § 34.05.370(2)(h) — 1 case
John Worthington, V Wa State Liquor & Cannabis Bd. (Wash. Ct. App. 2017). “He responded to Worthington’s question as follows: Although I have not personally maintained the rule[-]making file, my staff and I were pleased to accommodate the visit based upon your request made pursuant to RCW 34.05.370. Prior draft versions of the rule[-]making file, prior…”
— Wash. Rev. Code § 34.05.370(3) — 1 case
Pasco v. Dep't of Ret. Sys., 42 P.3d 992 (Wash. Ct. App. 2002). “370(3) sets forth nine grounds for granting relief from the Department's Final Order, only two of which pertain here: (1) "The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law"; and (2) "[t]he agency has erroneously…”
— Wash. Rev. Code § 34.05.370(4) — 8 cases
Neah Bay Chamber of Com. v. Dep't of Fisheries, 832 P.2d 1310 (Wash. 1992). “RCW 34.05.370(1). This file serves as the record of review, although the file "need not be the exclusive basis for agency action on that rule.”
Aviation West Corp. v. Dep't of Labor & Indus., 980 P.2d 701 (Wash. 1999). “355 (1992)3, read as follows: (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the…”
D.W. Close Co. v. Dep't of Labor & Indus., 143 Wash. App. 118 (Wash. Ct. App. 2008). “” RCW 34.05.370(4); Wash. Indep., 148 Wn.2d at 906 .”
Musselman v. Dep't of Soc. & Health Servs., 134 P.3d 248 (Wash. Ct. App. 2006). “The rule-making file contains copies of all public notices relating to the rule-making process, transcripts of any public meetings, copies of any comments received, a concise statement explaining the need for the rule, and any other material the agency considered.”
Aviation West Corp. v. Dep't, 980 P.2d 701 (Wash. 1999). “355 (1992) ], read as follows: (1) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (a) the…”
— Wash. Rev. Code § 34.05.370(h) — 1 case
John Worthington, V Wa State Liquor & Cannabis Bd. (Wash. Ct. App. 2017). “He responded to Worthington’s question as follows: Although I have not personally maintained the rule[-]making file, my staff and I were pleased to accommodate the visit based upon your request made pursuant to RCW 34.05.370. Prior draft versions of the rule[-]making file, prior…”
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