How long does it take the Department to complete a regular rulemaking?
The time it takes to complete a regular rulemaking depends on how long it takes to draft the language of the rules (complete phase one) and proceed through the formal process described in phase two. Factors affecting the time spent in phase one include the number of rules that are being drafted and the extent of public participation in the rulemaking. When a rulemaking calls for extensive public participation, the Department may form a rules committee that provides input into the subject matter of the rules. When this occurs, the Department may be in phase one for one or more years before proceeding to phase two. If the Department obtains an immediate effective date (see number 8 below for explanation of effective date), the minimum amount of time for a rulemaking to proceed through phase two is four months. This time-frame can be met only when the rulemaking proceeds through the system without any glitches such as controversial comments made during the public comment period. It is mor