WSR 14-12-029

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 27, 2014, 2:53 p.m.]

Subject of Possible Rule Making: WAC 323-10-070 Public records.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.010, 42.56.100, 42.56.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under RCW 42.56.100, agencies shall adopt and enforce reasonable rules and regulations consonant with the intent of chapter 42.56 RCW to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency. The military department is changing the existing language of chapter 323-10 WAC to clarify when the agency has the ability to charge for providing records.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The attorney general has adopted advisory model rules on public records compliance, chapter 44-14 WAC. The military department will generally adapt and incorporate these advisory model rules in WAC 323-10-070. The military department will generally use model rule WAC 44-14-070 in WAC 323-10-070 to update for consistency.

Process for Developing New Rule: Use model rule WAC 44-14-070 in WAC 323-10-070 to update for consistency.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The military department encourages your active participation in the rule-making process. Contact Bernadette Petruska, Rules Coordinator, Military Department, Building 1, Camp Murray, WA 98430-0001, voice (253) 512-8108, fax (253) 512-8497, e-mail bernadette.petruska@mil.wa.gov.

May 6, 2014

Chris Barnes

Public Records Officer