WSR 99-09-068



[ Filed April 19, 1999, 2:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-056.

Title of Rule: WAC 390-14-040 Review of denials of public records requests.

Purpose: Establish an internal review process in the event a requester is denied access to information maintained by the agency.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 43.17.320.

Summary: Outlines the steps the Public Disclosure Commission must take if a person who was denied access to information requests internal review of that denial.

Reasons Supporting Proposal: The proposed amendment gives additional guidance to the public.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule assures the public that if a person is denied access to information by Public Disclosure Commission staff, that person may request the chair of the Public Disclosure Commission to review the denial. The proposed amendment does not alter this purpose. The amendment does specify that the chair may affirm or reverse the denial in whole or in part and references the statutory section which the rule implements.

Proposal Changes the Following Existing Rules: The changes make technical adjustments to the rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an economic impact on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not specified in section 201, chapter 403, Laws of 1995, as being subject to this section nor has it been brought under the section as otherwise provided in the chapter law.

Hearing Location: Senate Hearing Room #2, John A. Cherberg Building, First Floor, 304 15th Avenue, Capitol Campus, Olympia, WA, on May 25, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Jennifer Alloway, 753-1111.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112 by May 12, 1999.

Date of Intended Adoption: May 25, 1999.

April 16, 1999

Vicki Rippie

Assistant Director


AMENDATORY SECTION(Amending WSR 94-05-010, filed 2/3/94, effective 3/6/94)

WAC 390-14-040
Internal review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition the commission chair for prompt review of such decision by tendering a written request for review to the public records officer.  The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately 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 chair of the commission.  The chair shall immediately consider the matter and either affirm or reverse, in whole or in part, such denial or call a special meeting of the commission as soon as legally possible to review the denial.  In any case, the request shall be returned with a final decision within two business days following the original denial in accordance with RCW 42.17.320.

[Statutory Authority: RCW 42.17.390.  94-05-010, 390-14-040, filed 2/3/94, effective 3/6/94.  Statutory Authority: RCW 42.17.370(1).  85-15-020 (Order 85-03), 390-14-040, filed 7/9/85; Order 62, 390-14-040, filed 8/26/75.]

Washington State Code Reviser's Office