Instructions for Proposed Filing
There are 4 filing stages in the normal adoption process of an administrative rule:
Begin by downloading the appropriate forms (APA Forms). All of the forms are currently available in Microsoft Word format. By using the forms in WORD you will avoid any problems with formatting. The Office of the Secretary of State may be unable to accept filings made on forms that have been altered.
The forms are designed to be user friendly. Tab through the fields typing the material directly into the form in the appropriate places (Please note: The forms are locked and the fields are set at the maximum length allowed in the current APA tracking database).
Each administrative rule filing received by the Office of the Secretary of State must be submitted on these forms and must include original signatures, where signatures are required.
All filings with the Office of the Secretary of State shall arrive no later than 3:30 p.m. on the last day of the scheduled work week. This allows for processing of the rule by secretary of state staff. When filing multiple rules please allow extra time for processing.
Proposed Rule filings require the following forms and are filed with the Office of the Secretary of State.
The forms listed below are additional forms that may be necessary if an agency relies upon scientific information for the validity of their rule and/or if an agency is incorporating material by reference (i.e. federal regulations/standards). When incorporating by reference a copy of the material being incorporated must accompany the filing.
A clean text of the proposed rule with the changes in place and, an annotated text showing changes (i.e. by strikethrough and underlining) are also required with the Proposed Rule filing. Comprehensive revisions require annotated text, and are considered amendments.
Rules that have not previously existed in any form are considered new rules and do not require annotated text.
Upon receipt, the Office of the Secretary of State will enter the rule into the APA tracking database, assign a proposed rule number, and arrange for publication of notices. The notices will be posted online on the Wednesday of the week following receipt and an abbreviated notice will be published in the newspapers of record on the Thursday, 2 weeks from receipt. For more information on publication of notices see Newspapers of Record and Notice of Rulemaking. The Office of the Secretary of State will also issue and send by mail a memo to the contact person indicated on the coversheet, and a copy of the memo to LCAR. The memo contains information about the rule filing (i.e. rule number assigned upon entry of the rule in the tracking database, date of receipt, publication dates, any problems encountered with the rule filing).
As of July 1, 2010, public hearings can be held no sooner than 30 days after the notice is posted online. Deadlines for public comment can be no sooner than 7 days following last hearing date, and in cases where no hearings are scheduled, the deadline for public comment should be 14 days from the publication of the notice in the newspapers of record.
Public hearings are subject to open meeting laws established in Title 1, Chapter 5, Subchapter II Public Records (§§ 310-314) of the Vermont Statutes Annotated (e.g. § 312).
For help calculating hearing dates see the Publication Calculator under the Helpful Tools Section, or to view instructions for other filings 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
This page was last updated on: 2012-06-13.