WSR 99-12-026



[ Filed May 25, 1999, 10:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-08-036.

Title of Rule: WAC 308-10-010 Definitions.

Purpose: Clarify definitions to help avoid confusion.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: This rule is being amended to help avoid confusion in defining certain terms.

Reasons Supporting Proposal: AGO 1998 No. 2 supports the change in definition of "commercial purpose."

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Walt Fahrer, Highways-Licenses Building, Olympia, (360) 902-3640.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will clarify the definition of commercial purpose so that the department can have a common base to judge whether lists of licensees should be disclosed during a public records request.

Proposal Changes the Following Existing Rules: The definition of "lists" and "commercial purpose" is changed in this proposal.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact of any kind to any business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is exempt from this statute.

Hearing Location: Highways-Licenses Building, 1125 Washington Street S.E., Room 107, Olympia, WA 98507-9020, on August 10, 1999, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Walt Fahrer by August 2, 1999, (360) 902-3640.

Submit Written Comments to: Walt Fahrer, 1125 Washington Street S.E., Olympia, WA 98507-9020, fax (360) 753-7500, by August 9, 1999.

Date of Intended Adoption: August 11, 1999.

May 25, 1999

Walt Fahrer

Rules Coordinator


AMENDATORY SECTION(Amending WSR 96-05-036, filed 2/15/96, effective 3/17/96)

WAC 308-10-010

(1) The definitions set forth in RCW 42.17.020 shall apply to this chapter.

(2) The "department of licensing" is the agency created pursuant to chapter 46.01 RCW.  The department of licensing shall hereinafter be referred to as the department.  Where appropriate, the term department also refers to the staff and employees of the department of licensing.

(3) "Director" means the director of the department of licensing as appointed by the governor pursuant to RCW 46.01.090.

(4) "Raw data" means facts, symbols, or observations which have all of the following characteristics:

(a) They have not been processed, edited or interpreted.

(b) They are unevaluated and unorganized.

(c) The fact, symbol, or observation does not, of itself, impart meaning to a potential user or fulfill a recognized need.

(d) To be useable the fact, symbol, or observation must go through some transformation process.

(5) "Information" means raw data that are organized, evaluated and interpreted to impart meaning to potential users and fulfill a recognized need.

(6) "Listing (list)" means ((a)) an item-by-item series of ((items of any kind including)) names, figures, words or numbers ((no matter what the arrangement or purpose.  When applied to the release of department record information it means the names of two or more individuals contained in:)) written or printed one after the other.

((-Data processing magnetic tapes
-Data processing print-outs 1, 2, 3, or 4 part utility paper or copies of such print-outs
-Data processing print-outs in the form of labels
-Computer data bases
-Any form of writing

(7) "Tabulation" means the systematic arrangement of facts, statistics, and similar information, except the names of individuals, in column or table format.

(8) "Individual" means a natural person.

(9) "Commercial purpose" means using or intending to use information ((obtained, to contact or personally affect an individual identified on a list to facilitate)) for the purpose of facilitating a profit expecting business activity.

(10) "Profession," when applied to department records, or the release of department record information, means any state regulated business, profession or occupation administered by the assistant director, business and professions division.

[Statutory Authority: RCW 42.17.250.  96-05-036, 308-10-010, filed 2/15/96, effective 3/17/96; 92-09-107, 308-10-010, filed 4/20/92, effective 5/21/92; Order MV 348, 308-10-010, filed 12/24/75.]

Washington State Code Reviser's Office