When does a new rule take effect?
Not when it is published, and usually not on one single date. A rule change
typically creates several dates, and they mean different things.
The dates a rule change creates
Comment deadline. Only on a proposed rule. The last day an objection
counts. Thirty days is common. After it passes the agency moves to adoption
and your chance to influence the text is over.
Hearing date. Some rulemakings hold one. You can usually speak or send a
written statement.
Effective date. The rule is now law. Often thirty to sixty days after
adoption is published, and sometimes the first day of the next quarter.
Compliance date. The date you must actually be doing the thing. Frequently
later than the effective date, which is the part that catches people out. A
rule can be in force in March with a compliance date the following January.
Phase-in dates. Larger employers first, smaller ones later, is a common
pattern. The date that applies to you depends on your headcount.
Sunset date. Some rules, particularly emergency ones, expire.
Why "effective" is not the date to diarise
If a rule takes effect on 1 July and requires annual training completed by
31 December, the date that matters to you is December. Reading only the
effective date and calling it done is how a business ends up compliant with
the existence of a rule and not with its requirements.
Emergency rules are the exception worth knowing. They can take effect
immediately on publication, with no comment period, and typically expire after
a set number of months unless made permanent.
Finding the dates for a specific rule
Every notice states them, though rarely in one place. Look for a section
headed "Effective date", "Compliance", or "Dates" near the top or the very
end. Where the notice says something like "180 days after publication", the
date is calculated from the publication date printed on the issue.
If the dates are genuinely unclear, the notice names a contact at the agency.
They answer.
What we do
Regulatory Update extracts every date a change creates, labels which kind it
is, and sends each one as a calendar invite attached to your digest. If an
agency moves a date, the invite updates the event already in your calendar
instead of adding a second one. $5 a month.