WSR 03-17-014

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Office of the Secretary)

[ Filed August 12, 2003, 8:07 a.m. ]

Date of Adoption: August 11, 2003.

Purpose: The department is adopting amended WAC 388-01-030 What DSHS records are available? The amended rule clarifies which DSHS records are available to the public; which records are not generally available and are confidential; that an individual may have access to a confidential record about him or herself or that an authorized representative of the individual may have such access; and which DSHS records are available without a public disclosure request.

Citation of Existing Rules Affected by this Order: Amending WAC 388-01-030.

Statutory Authority for Adoption: RCW 41.17.020 and 41.17.260.

Other Authority: RCW 41.17.300.

Adopted under notice filed as WSR 03-14-063 on June 25, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

August 7, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3248.2
AMENDATORY SECTION(Amending WSR 99-15-065, filed 7/19/99, effective 8/19/99)

WAC 388-01-030   What ((department)) DSHS records are ((considered public)) available?   (1) ((Public records are those records that are not confidential or otherwise exempt from release to the public.)) DSHS prepares and keeps public records that relate to the programs it administers. All records DSHS uses to conduct business are public records.

(((2) Different types of)) DSHS public records may include((:)), documents, audio and video recordings, pictures, ((electronic disks, and magnetic tapes)) e-mail, computer disks and electronic data.

(2) DSHS records are available to the public unless a law exempts them from disclosure. Some DSHS records contain confidential information that is not available to everyone.

(3) You, or someone authorized to act for you or by you, may have access to confidential records about you that would otherwise be exempt from disclosure to the public.

(4) Upon your request, DSHS may give you records such as rules, policies, indexes, interpretive statements, pamphlets, forms and other publications at cost under WAC 388-01-180 without using the public records disclosure process.

[Statutory Authority: RCW 42.17.250 and 34.05.220. 99-15-065, 388-01-030, filed 7/19/99, effective 8/19/99.]

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