Filing Instructions Overview

There are 4 filing stages in the normal adoption process of an administrative rule:

I. Pre-filing with the Interagency Committee on Administrative Rules (ICAR).

Under 3 V.S.A. § 837 all rulemaking agencies / entities must pre-file rules with ICAR 15 days prior to filing Proposed Rules with the Office of the Secretary of State. During this time ICAR will work with the agency on a strategy for maximizing public input.

EMERGENCY RULES, are exempt from prefiling with ICAR (3 V.S.A. § 837). However, Executive Order 56-88 requires all agencies submit emergency rules to the Chair of the ICAR for determination of appropriateness.

Contact the Deputy Secretary of Administration at 802-828-3322 for more information on prefiling with ICAR.

II. Proposed Rule filing with the Secretary of State.

After pre-filing the rule with ICAR, an agency may file the Proposed Rule with the Office of the Secretary of State. This begins the notice and comment period of the rule, in which the Office of the Secretary of State publishes notice of rulemaking and agencies receive and consider public comments on the Proposed Rule.

III. Final Proposed Rule filing with the Office of the Secretary of State and the Legislative Committee on Administrative Rules (LCAR).

After the deadline for receiving and considering public comment has passed, the agency may file the Final Proposed Rule with the Office of the Secretary of State and LCAR. This begins the legislative review period and the rule will be scheduled for review by LCAR.

After its review, LCAR will vote on the rule. LCAR may vote to approve, take no action, or to object to the rule based upon criteria outlined in 3 V.S.A. § 842, and § 844(e). If LCAR objects to the rule the agency may withdraw, amend, or adopt the rule. In the event an agency adopts a rule with a standing objection, the committee may vote to modify their objection, or certify the objection with the Office of the Secretary of State. A majority vote of the committee is necessary to certify its objection, shifting the burden of proof to the agency in any judicial review or litigation concerning the rule in question.

IV. Adopted Rule filing with the Office of the Secretary of State and LCAR.

Once the legislative review period ends, the agency must file one final time to adopt the rule and put it into effect. Adopted Rule filings must be filed with the Office of the Secretary of State and LCAR, and will become effective after a minimum of 15 days (see 3 V.S.A. § 845(d) for more details) after the filing is received.

To view specific instructions for each stage of filing please choose from the links in the left sidebar under Filing Overview & Instructions.

*****************************************

If you have general questions about the rulemaking process, please contact

Louise Corliss by e-mail at or by phone 802-828-2863