Date of Adoption: July 19, 1999.

Purpose: Repeals old chapter 388-320 WAC, Public records disclosure--Administrative procedures, and replaces it with new chapter 388-01 WAC, DSHS organization/disclosure of public records. Chapter 388-01 WAC is written in clear rule writing style to comply with the criteria in the Governor's Executive Order 97-02. These rules clearly explain how individuals or organizations request public records from DSHS, and how DSHS responds to public records requests.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-320-010, 388-320-030, 388-320-100, 388-320-110, 388-320-115, 388-320-130, 388-320-132, 388-320-133, 388-320-135, 388-320-140, 388-320-170, 388-320-205, 388-320-210, 388-320-220, 388-320-225, 388-320-235, 388-320-240, 388-320-375, 388-320-450, and 388-320-460.

Statutory Authority for Adoption: RCW 42.17.250 and 34.05.220.

Adopted under notice filed as WSR 99-11-085 on May 19, 1999.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-01-060(4), added the underlined information "(4) DSHS may ask an individual requesting a public record for personal identification when the law makes a record disclosable to a specific person."

WAC 388-01-070, added subsection (2) to clarify the department's right to protect public records.

WAC 388-01-100 was removed from the rules because it conflicted with WAC 388-01-090, as a result of this subsequent rules were renumbered. Other editorial and organizational changes were made to make the rules clearer and more user friendly.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 20, Amended 0, Repealed 20.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 20, Amended 0, Repealed 20.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 20, Amended 0, Repealed 20. Effective Date of Rule: Thirty-one days after filing.

July 19, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

The purposes of this chapter are to:

(1) Describe the organization of the department of social and health services (DSHS);

(2) Ensure that DSHS complies with laws governing the disclosure (release) of public records; and

(3) Explain how an individual or organization can obtain public records.

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(1) DSHS was created to unite related statewide social and health service programs within a single agency. DSHS programs are designed to protect the general public, as well as persons who are unable to fully care for themselves or meet their basic needs.

(2) It is organized into seven administrations plus the secretary’s and deputy secretary’s offices:

(a) Aging and adult services,

(b) Children's services,

(c) Economic services,

(d) Health and rehabilitative services,

(e) Juvenile rehabilitation,

(f) Management services, and

(g) Medical assistance.

(3) To request an organizational chart, contact: DSHS, Office of the Secretary, P.O. Box 45010, Olympia, WA 98504-5010, or telephone number (360) 902-7800.

(4) DSHS has offices in the community to serve clients. Local DSHS offices have various names, such as community services office (CSO), regional offices, home and community services (HCS), division of child support (DCS), children’s services, division of developmental disabilities (DDD) field service offices, and facilities.

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(1) Public records are those records that are not confidential or otherwise exempt from release to the public. DSHS prepares and keeps public records that relate to the programs it administers.

(2) Different types of public records may include: documents, audio and video recordings, pictures, electronic disks, and magnetic tapes.

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(1) Public records kept by DSHS are available for release unless the law specifically excludes (or exempts) them.

(2) For a list of public records that are excluded from public disclosure by law, see RCW 42.17.310 through RCW 42.17.31911, and other disclosure laws specific to DSHS programs.

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An individual should contact the public disclosure coordinators at DSHS offices to request a public record. Public disclosure coordinators are located at local community service offices (CSO), regional offices, home and community services (HCS), division of child support (DCS), children’s services, DDD field services offices, DSHS facilities, and within each DSHS administration.

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(1) An individual can request a public record orally or in writing. DSHS encourages that all public record requests be in writing on a "request for disclosure of DSHS records" form, DSHS 17-041(X). Individuals may request this form from DSHS, Forms and Records Management Services, P.O. Box 45805, Olympia, WA 98504-5805, (360) 664-6120, or e-mail at DSHSFormsRecordsMgmt@dshs.wa.gov.

(2) If the form is not used, the written public record request should include the following information:

(a) The requester's name, organization, mailing address, telephone number, fax number, and e-mail address;

(b) The date of the request;

(c) A detailed description of the public record being requested;

(d) The address where copies of the record are to be mailed, or if the requester wants to examine the record at DSHS; and

(e) The signature of the requester.

(3) An individual can fill out a record request at a DSHS office, or send it by regular mail, electronic mail, or fax to the public disclosure coordinator at the appropriate DSHS office.

(4) DSHS may ask an individual requesting a public record for personal identification when the law makes a record disclosable to a specific person.

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(1) Individuals can examine public records during DSHS office hours. The office hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, except for legal holidays. Contact the public disclosure coordinator in the appropriate office to arrange a time to examine the public record.

(2) In order to preserve the record or prevent interference in the performance of departmental duties, DSHS reserves the right to restrict an individual’s ability to examine or copy public records. This does not prevent DSHS from providing copies of the public record by mail.

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(1) There is no fee for examining public records.

(2) DSHS charges one or more of the following fees for copies of public records:

(a) Up to fifteen cents per page for black and white photocopies of a record;

(b) The actual cost of manuals, blueprints, and other nonprinted materials such as audio or video tapes; and

(c) The cost of postage, when items are mailed (see RCW 42.17.260).

(3) Government agencies, or DSHS clients involved in an administrative hearing procedure, may receive public records reasonably related to the hearing free of charge.

(4) DSHS may waive copying and postage fees if:

(a) Providing a copy of the record assists in managing a program; or

(b) The expense of billing exceeds the copying and postage costs.

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Within five business days after receiving the public record request, DSHS must review the public record and must:

(1) Provide the public record; or

(2) Acknowledge receipt of the request, and give the DSHS date for response; or

(3) Deny the request in writing, noting the reason(s) for denial.

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(1) DSHS might need to extend the time to respond to a public record request to:

(a) Locate and gather the information requested;

(b) Notify an individual or organization affected by the request; and/or

(c) Determine whether the information requested is exempt and whether all or part of the public record requested can be released; and/or

(d) Contact the individual requesting the public record to clarify the intent, scope or specifics of the request. If the individual requesting the public record fails to clarify the request, DSHS does not have to respond to the request.

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If an individual requesting a public record thinks DSHS is unreasonably delaying the release of a public record, the individual may:

(1) Petition the public disclosure coordinator to release the public record before the date indicated on DSHS response (see WAC 388-01-090); or

(2) File a lawsuit in superior court to require DSHS to release the public record.

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(1) If the requested public record contains information that is exempt from public disclosure, DSHS may:

(a) Release the nonexempt portion, explaining what exemption applies to the deleted portion of the record; or

(b) Deny release of the entire record, sending a written explanation citing the exemption that applies to the denial.

(2) DSHS may release information to law enforcement officers and United States immigration officials to the extent authorized by RCW 74.04.062.

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If DSHS denies a public record request, an individual may do any of the following:

(1) Petition for a review of the denied request from the denying public disclosure coordinator or a director approved designee. Contact DSHS to obtain a petition form (DSHS 17-062(X)) at: DSHS Forms and Records Management Services, P.O. Box 45805, Olympia, WA 98504-5805, (360) 664-6120, or e-mail DSHSFormsRecordsMgmt@dshs.wa.gov. DSHS has two business days after receiving the petition to respond. If DSHS upholds the denial, the decision is considered final; or

(2) Ask the office of the attorney general to review the public record request.

(a) Send a copy of the denied public record request and the DSHS written denial to:

Office of Attorney General

Public Records Review

P.O. Box 40100

Olympia WA 98504-0100

(b) The office of the attorney general will review the request and DSHS denial. The office of attorney general issues a written opinion as to whether the requested public record is excluded from disclosure.

(3) File a lawsuit for release of a public record in superior court in the county where the public record is located.

(a) DSHS must establish that its denial of a public record is legal.

(b) If the DSHS denial is reversed, the court may require DSHS to pay costs and attorney fees. DSHS may be fined five dollars to one hundred dollars a day for each day they denied the public record.

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(1) If a public record contains personal information that identifies an individual or organization other than the subject of the requested public record, DSHS may notify that individual or organization.

(2) DSHS may send a written notice to the individual or organization if releasing the personal information could damage the individual or organization, or government operations, or is not in the best interest of the public. The notice should include:

(a) The record being requested;

(b) The date DSHS intends to release the record; and

(c) How the individual or organization can prevent release of the record (see RCW 42.17.330).

(3) DSHS may also send a written notice to the record requester notifying them that:

(a) The individual or organization whose personal information is contained in the requested public record has been notified;

(b) DSHS expects a response from the individual or organization regarding disclosure of their personal information by a specified date; and

(c) Disclosure may be denied.

(4) DSHS releases the record by the specified date if no one objects or the contacted party does not respond by the specified date.

(5) DSHS must notify the office of the attorney general when an individual or organization, other than the subject of a record, files a lawsuit to prevent release of the record.

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(1) An individual's attorney, legal guardian, or lay representative can request the individual's record with a signed written release.

(2) The written release must include:

(a) The identity of the individual(s) or organization(s) authorized to receive the records;

(b) An identification of the record(s), or part of the record, that the individual wants released; and

(c) The date the release expires.

(3) DSHS may ask for identification verifying the representatives’s relationship to the individual.

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(1) DSHS is only required to provide access to existing, identifiable public records in its possession at the time of the request (see RCW 42.17.270).

(2) DSHS is not required to collect information to create a public record that does not exist at the time of the public record request.

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(1) For the purposes of this chapter, outside agencies include, but are not limited to, group homes, mental health centers, drug and alcohol agencies, and other state agencies.

(2) DSHS may release public records to its offices and to outside agencies when the information relates to the administration of DSHS programs unless exempt by 45 C.F.R. 205.50 or other law.

(3) If an outside agency requests a public record for reasons other than information that relates to the administration of DSHS programs, the outside agency must have the individual's written authorization.

(4) Outside agencies receiving information are subject to applicable disclosure confidentiality laws.

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DSHS issues administrative policy statements that apply to the whole department. Administrations may issue policies and interpretive statements that relate to their own programs. See RCW 34.05.010.

(1) To receive a copy of a DSHS administrative policy, send a written request to: Office of Legal Affairs, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, Washington 98504-5850.

(2) To receive a copy or review a specific administration’s policies or interpretive statements, send a written request to the administration.

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(1) The DSHS board of appeals reviews and selects orders and creates an index of significant decisions that substantially affect DSHS performance (see RCW 42.17.260).

(2) The index:

(a) Is divided into program categories;

(b) Contains a copy or synopsis of the order; and

(c) Is updated, as needed.

(3) An individual can inspect or request a copy of the index by contacting the board of appeals located at:

Board of Appeals

Blake Office Park

4500 - 10th Avenue Southeast

Lacey, WA 98503-5803

(360) 664-6100

Mailing address:

Board of Appeals

P.O. Box 45803

Olympia, WA 98503-5803

(4) An individual may ask the board of appeals to index an order as a significant decision by sending a written request with a copy of the order to the mailing address.

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(1) First, read the information on declaratory orders in RCW 34.05.240 and WAC 10-08-250, 10-08-251, and 10-08-252.

(2) Next, file the petition with the Rules and Policies Assistance Unit; DSHS; P.O. Box 45850; Olympia, WA 98504-5850.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-320-010	Purpose.
WAC 388-320-030	Establishment of department.
WAC 388-320-100	Public records available.
WAC 388-320-110	Public records officer.
WAC 388-320-115	Disclosure coordinator.
WAC 388-320-130	Request for disclosure of a public record.
WAC 388-320-132	Preserving requested records.
WAC 388-320-133	Approval or denial of request.
WAC 388-320-135	Disclosure to client's representative.
WAC 388-320-140	Fees--Inspection and copying.
WAC 388-320-170	Protection of public records.
WAC 388-320-205	Disclosure procedure.
WAC 388-320-210	Remedy for review of denial of disclosure.
WAC 388-320-220	Exemptions to public records disclosure.
WAC 388-320-225	Qualifications on nondisclosure.
WAC 388-320-235	Disclosure for program purposes.
WAC 388-320-240	Disclosure for other than program purposes.
WAC 388-320-375	How do I file petitions for declaratory orders?
WAC 388-320-450	Interpretive and policy statements roster and index.
WAC 388-320-460	Final adjudicative and declaratory order index.

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