WSR 19-24-068
PERMANENT RULES
DEPARTMENT OF TRANSPORTATION
[Filed November 27, 2019, 3:00 p.m., effective December 28, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Updates the process for submitting public records requests and clarifies that the rule also applies to public records requests made to the Washington state transportation commission.
Citation of Rules Affected by this Order: Amending WAC 468-06-010, 468-06-020, 468-06-050, and 468-06-060.
Statutory Authority for Adoption: RCW 42.56.040.
Adopted under notice filed as WSR 19-21-094 on October 15, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 4, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 27, 2019.
Kara Larsen, Director
Risk Management and
Legal Services Division
AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)
WAC 468-06-010Purpose.
The purpose of this chapter is to provide rules for the Washington state department of transportation (the department), and the Washington state transportation commission (the commission) implementing the provisions of chapter 42.56 RCW that relate to requests for inspection and copying of public records.
AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)
WAC 468-06-020Definitions.
(1) "Commission" means the Washington state transportation commission.
(2) "Denial" means the department withheld a record in part or in its entirety based on a statutory or other legal exemption.
(((2)))(3) "Department" means the Washington state department of transportation.
(((3)))(4) "Disclosure" means the existence of a record is revealed to a requestor in response to a PRA request, regardless of whether it is produced.
(((4)))(5) "Production" means disclosed records are produced (made available for inspection and copying).
(((5)))(6) "Public Records Act" or "PRA" means chapter 42.56 RCW.
AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)
WAC 468-06-050Public records officer.
The department's public records officer is designated by the department as the person responsible for implementing the department's rules and regulations, for acknowledging receipt of public records requests, and for coordinating with staff statewide to identify, gather, and release public records in compliance with the public records disclosure requirements. The department's public records officer also serves as the commission's public records officer.
AMENDATORY SECTION(Amending WSR 19-14-003, filed 6/19/19, effective 7/20/19)
WAC 468-06-060Requesting public records.
(1) Submitting a request. Requests for public records to the department or the commission can be made by:
(a) Using the public disclosure request center, by clicking on the link on the web site at http://www.wsdot.wa.gov/Contact/PublicDisclosure, or going to https://wsdot.mycusthelp.com/WEBAPP/_rs/supporthome.aspx; or
(b) Submitting a written request to the department that includes:
(i) The name, address, telephone number, and email address of the person requesting the records;
(ii) The date and time of the request;
(iii) A description of the public records sought adequate for the department to identify and locate all responsive records;
(iv) Language stating that the request for records is intended as a public records request or a similar statement placing the department on fair notice that records are being sought under the PRA; and
(v) A statement indicating whether copies or the records are sought or if the requestor wants to arrange to inspect records.
Requests not submitted through the public disclosure request center identified in (a) of this subsection can be submitted ((to the department)) via U.S. mail, hand delivery, or facsimile at:
Public Records Office
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47410
Olympia, WA 98504-7410
Facsimile: 360-705-6808
((Failure to submit requests to the department at the above location may result in a delay in the department's response.))
(2) A request not submitted in a manner identified in subsection (1) of this section will not be considered a public records request under chapter 42.56 RCW, but will be responded to as an informal routine inquiry or a general request for information.
(3) Requested production. Nonexempt records are available through inspection, paper copies, or electronic copies. The requestor should indicate the production preference and make arrangements to pay the fees, if any.