WSR 99-12-062

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 27, 1999, 2:03 p.m. ]

Date of Adoption: May 25, 1999.

Purpose: The amendment makes minor changes to the internal review process for denials of access to information maintained by the agency.

Citation of Existing Rules Affected by this Order: Amending WAC 390-14-040 Review of denials of public records requests.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 99-09-068 on April 19, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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-3064.1


AMENDATORY SECTION(Amending WSR 94-05-010, filed 2/3/94, effective 3/6/94)

WAC 390-14-040
Internal review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition the commission chair for prompt review of such decision by tendering a written request for review to the public records officer.  The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer ((or other staff member denying the request)) shall refer it to the chair of the commission.  The chair shall immediately consider the matter and either affirm or reverse, in whole or in part, such denial or call a special meeting of the commission as soon as legally possible to review the denial.  In any case, the request shall be returned with a final decision within two business days following the original denial in accordance with RCW 42.17.320.

[Statutory Authority: RCW 42.17.390.  94-05-010, 390-14-040, filed 2/3/94, effective 3/6/94.  Statutory Authority: RCW 42.17.370(1).  85-15-020 (Order 85-03), 390-14-040, filed 7/9/85; Order 62, 390-14-040, filed 8/26/75.]

Washington State Code Reviser's Office