Original Notice.

Preproposal statement of inquiry was filed as WSR 99-18-012.

Title of Rule: Title 143 WAC, Information Services, Department of.

Purpose: Describe Department of Information Services and Information Services Board and procedures for public records.

Statutory Authority for Adoption: Chapter 42.17 RCW.

Reasons Supporting Proposal: Streamline procedures for public records requests and correct rules to reflect statutory changes.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bradley Hillis, 1110 Jefferson Street S.E., Olympia, WA, (360) 902-3436.

Name of Proponent: Department of Information Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Rules describe the Department of Information Services and Information Services Board, and procedures for public records requests.

Proposal Changes the Following Existing Rules: Streamlines procedure for public records requests, corrects description of members of information services board to accord with statute, and corrects titles of technology agency.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no costs to small business from the rule changes.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 34.05.328 (5)(b), the rule changes relate to internal government operations that are not subject to violation by a nongovernment party, and rules that are explicitly dictated by statute.

Hearing Location: Department of Information Services, Jefferson Building, 2nd Floor Conference Room, 1110 Jefferson Street S.E., Olympia, WA 98504, on December 7, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Bradley Hillis by December 1, 1999, (360) 902-3436.

Submit Written Comments to: Bradley J. Hillis, bradh@dis.wa.gov, fax (360) 586-5885, by December 7, 1999.

Date of Intended Adoption: December 7, 1999.

Bradley J. Hillis

Assistant Manager

Contracts and Legal Affairs

OTS-3526.1

AMENDATORY SECTION(Amending Order 88-1, filed 10/11/88)

WAC 143-06-020
Definitions.

(1) Public record ((includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics)) shall have the meaning described in RCW 42.17.020(36).

(2) Writing ((means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents)) shall have the meaning described in RCW 42.17.020(42).

(3) The Washington state department of information services is the agency created by chapter 504, Laws of 1987, hereinafter referred to as the department.

(4) The Washington state information services board is appointed ((by the governor pursuant to chapter 504, Laws of 1987)) in the manner described in RCW 43.105.032.  The Washington state information services board shall hereinafter be referred to as the board.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-020, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-020, filed 3/6/81; Order 0002, § 143-06-020, filed 9/12/73.]

(1) The board shall conduct its business through the administrative office of the department.  The administrative office is located in the Jefferson Building, 1110 Jefferson Street S.E., Olympia, Wash., 98504.

(2) The board is composed of ((seven persons appointed by the governor, and one person selected by the chief justice of the supreme court, and one member selected by the president of the senate and the speaker of the house of representatives)) those members described in RCW 43.105.032 to carry out the duties contained in chapter 43.105 RCW as amended.  The administrative head of the board is the director of the department of information services, hereinafter referred to as the director.  All communications, requests and business shall be forwarded to the director at the aforedesignated administrative office of the board.

(3) ((The department is composed of a services component and a planning component.

(4))) The board and department are chartered by the legislature to provide for coordinated planning and management of state information services.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-030, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-030, filed 3/6/81; Order 0002, § 143-06-030, filed 9/12/73.]

The board and the department's public records shall be in the charge of the public records officer designated by the director.  The person so designated shall be located in the administrative office of the board and the department.  The public records officer shall be responsible for the following: The implementation of the board and the department's rules and regulations regarding release of public records, and generally ((insuring)) ensuring compliance with the public records disclosure requirements of chapter 42.17 RCW.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-060, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-060, filed 3/6/81; Order 0002, § 143-06-060, filed 9/12/73.]

Public records shall be available for inspection and copying during the customary office hours of the administrative office.  ((For the purposes of this chapter, the customary office hours shall be from 8:30 a.m. to noon and from 1 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.))

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-070, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-070, filed 3/6/81; Order 0002, § 143-06-070, filed 9/12/73.]

No fee shall be charged for the inspection of public records.  ((The department shall charge a fee of twenty-five cents per page of copy for providing copies of public records and for use of the department's copy equipment.)) The amount for copying shall be as provided for in RCW 42.17.300.  This charge is the amount necessary to reimburse the department for its actual costs incident to such copying.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-090, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-090, filed 3/6/81; Order 0002, § 143-06-090, filed 9/12/73.]

(1) The department ((reserves the right to)) may determine that a public record requested in accordance with the procedures outlined in WAC 143-06-080 is exempt under the provisions of RCW 42.17.310.

(2) In addition, pursuant to RCW 42.17.260, the department ((reserves the right to)) may delete identifying details when it makes available or publishes any public record, in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW.  The public records officer will fully justify such deletion in writing.

(3) 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 records withheld.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-100, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-100, filed 3/6/81; Order 0002, § 143-06-100, filed 9/12/73.]

(1) No person shall knowingly alter, deface or destroy public records of the board and department.

(2) Original copies of public records of the board and department shall not be removed from the administrative offices of the board and department.

(3) ((Care and safekeeping of public records of the board and department, furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.

(4))) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.

(((5) Boisterous or otherwise)) (4) Disruptive conduct by those requesting public records of the board and department shall not be permitted.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-120, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-120, filed 3/6/81; Order 0002, § 143-06-120, filed 9/12/73.]

The department has available to all persons a current index which provides identifying information as to the records of the board and department.  Agency records are indexed and retained as follows:

The generic index for department records is located in the office of the DIS Public Records Officer, at 1110 ((South)) Jefferson Street S.E., Olympia, Washington 98504.  This index lists public records as required by RCW 42.17.260, and indicates the division of the department in which they are located.  Specific forms and documents are retained in the divisions as identified on the records retention schedules established by the division of state archives of the office of the secretary of state.  These schedules are available to the public through the public records officer.

[Statutory Authority: RCW 43.17.060.  91-07-033, § 143-06-130, filed 3/15/91, effective 4/15/91.  Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-130, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-130, filed 3/6/81; Order 0002, § 143-06-130, filed 9/12/73.]

All communications with the board and department including but not limited to the submission of materials pertaining to its operations and/or the administration or enforcement of chapter 42.17 RCW and these rules; requests for copies of the board and department's decisions and other matters, shall be addressed as follows: Washington State Department of Information Services, c/o Public Records Officer, Jefferson Building, 1110 Jefferson Street S.E., Olympia, Wash. 98504.

[Statutory Authority: Chapter 42.17 RCW.  88-21-029 (Order 88-1), § 143-06-140, filed 10/11/88.  Statutory Authority: Chapter 43.105 RCW.  81-07-004 (Order 004), § 143-06-140, filed 3/6/81; Order 0002, § 143-06-140, filed 9/12/73.]

No public records of users of ((data processing service centers)) department services shall be made available for public inspection or copying by the ((center)) department without the express written authorization of the user.

Requests for inspection or copying of public records of the user, held or maintained by the center, shall be referred to the user for determination as to the right of public access to such records, pursuant to chapter 42.17 RCW.  Costs incurred by the ((center)) department in providing access to or copies of public records of the user pursuant to chapter 42.17 RCW shall be paid by the user.

[Order 0005, § 143-06-160, filed 4/17/75.]

     The following sections of the Washington Administrative Code are repealed:

WAC 143-06-040	Operations and procedures.
WAC 143-06-150	Adoption of form.

© Washington State Code Reviser's Office