Date of Adoption: February 12, 2004.
Purpose: To amend sections of chapter 260-08 WAC dealing with public records and public disclosure.
Citation of Existing Rules Affected by this Order: Repealing WAC 260-08-600 Disclaimer of public liability, 260-08-610 Public records -- Officer and 260-08-640 Exemptions; and amending WAC 260-08-620 Requests for public records, 260-08-630 Copying fees, 260-08-650 Review of denials of public records, and 260-08-660 Protection of public records.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 04-02-031 on December 31, 2004 .
Changes Other than Editing from Proposed to Adopted Version: WAC 260-08-620(2) the phrase "including e-mail" is added after "by mail."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 3.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
February 13, 2004
R. M. Leichner
AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93, effective 12/20/93)
WAC 260-08-620 Requests for public records. Persons requesting opportunity to copy or inspect the commission's public records shall follow these procedures:
Informal oral requests may be made to the
commission's main office.
(2) The commission may require a person who has made an informal request to submit a formal written request.
(3))) All requests to copy or inspect public records shall be made in writing.
(2) All ((
formal)) requests shall be submitted by mail,
including e-mail, or personally to the commission's main
(4))) (3) Each (( formal)) request shall include the
(a) The name of the person or persons making the request.
(b) The ((
time of day and)) calendar date on which the
request is made.
(c) The nature of the request, including description of the requested records by title, subject matter, date and other means of enabling the staff of the commission to identify the requested records and make them available.
(d) A signed statement that the material will not be used for commercial purposes, in the event that a list of any type is included in the material requested.
(5))) (4) The staff of the commission shall assist any
person making a request(( , whether formal or informal,)) in
identifying the requested record or records (( but in the case
of formal request)), and return the (( formal)) request for
resubmission with additional description of the requested
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-620, filed 11/19/93, effective 12/20/93.]
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-630, filed 11/19/93, effective 12/20/93.]
(2) 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 (( chairperson of the commission)) executive secretary or
his or her designee. The (( chairperson of the commission))
executive secretary or designee shall immediately consider the
matter and either affirm or reverse such denial, in whole or
in part, within (( five)) two business days following the
(3) Administrative remedies shall not be considered
exhausted until the ((
chairperson of the commission))
executive secretary or his or her designee has returned the
petition with a decision or until the close of the (( fifth))
second business day following denial of inspection, whichever
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-650, filed 11/19/93, effective 12/20/93.]
(2) Original copies of public records shall not be removed from premises where maintained by the office.
(3) Care and safekeeping of public records of the commission, 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.
Boisterous or otherwise disruptive conduct by those
requesting public records of the commission shall not be
permitted.)) Persons requesting, inspecting, or copying public
records shall not disrupt the commission office.
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-660, filed 11/19/93, effective 12/20/93.]
The following sections of the Washington Administrative Code are repealed:
|WAC 260-08-600||Disclaimer of public liability.|
|WAC 260-08-610||Public records -- Officer.|