WSR 99-12-061

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 27, 1999, 2:02 p.m. ]

Date of Adoption: May 25, 1999.

Purpose: The amendment brings the rule into full compliance with the statutes that it implements.

Citation of Existing Rules Affected by this Order: Amending WAC 390-14-035 Exempting records from public inspection.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 99-09-067 on April 19, 1999.

Changes Other than Editing from Proposed to Adopted Version: Language was added to specify that information that is exempt from disclosure under any statutory provision, not simply those in chapter 42.17 RCW, is to be deleted before allowing public inspection or copying of the document.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 26, 1999

Vicki Rippie

Assistant Director

OTS-3063.2


AMENDATORY SECTION(Amending Order 85-03, filed 7/9/85)

WAC 390-14-035
Exempting records from public inspection.

(1) The public records officer shall delete information ((the disclosure of which would violate personal privacy or endanger vital government interests from any record prior to permitting public inspection or copying)) from any record prior to permitting public inspection or copying if the information is exempt from disclosure according to RCW 42.17.310, another section of chapter 42.17 RCW or other law.  After such data is deleted, the remainder of the record shall be made available.

(2) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 42.17.370(1).  85-15-020 (Order 85-03), 390-14-035, filed 7/9/85; Order 62, 390-14-035, filed 8/26/75.]

Washington State Code Reviser's Office