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State Board of Health tightens petition-for-rulemaking process, clarifies handling of incomplete petitions

Washington State Board of Health · April 1, 2026
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Summary

The Board revised its petition policy, adding language that petitions lacking requested clarification will not be scheduled for review (and may be deemed incomplete), and directed staff to update public guidance; the change passed unanimously.

The Washington State Board of Health on March 12 approved revisions to its petition-for-rulemaking policy to clarify how staff screen and handle incomplete petitions. Staff proposed preliminary screening steps and a practice of contacting petitioners for clarification; Board members debated whether to set response timelines and how to state the consequence of nonresponse.

After discussion, the Board agreed to amended language that staff will not schedule a petition for Board review until clarifying information is received and that if a petitioner fails to provide required clarification the petition will be deemed incomplete and will not be brought before the Board. Assistant Attorney General Lilia Lopez reviewed the proposed edits and confirmed referring to the applicable rule would strengthen the policy.

The motion to adopt the proposed revisions to Policy 2005-001, Responding to Petitions for Rulemaking, with the discussed amendments (Member Oshiro/Member Browning/Member Kutz) passed unanimously. The Board directed staff to update the petition webpage and implement the revised screening language.

Board members said the change aims to preserve accessibility while ensuring petitions are clear enough for staff review and to avoid leaving petitions indefinitely open when petitioners do not respond.