Preproposal statement of inquiry was filed as WSR 04-01-177.
Title of Rule: Public access to information and records.
Purpose: These proposed rules reflect recent changes in the law, technology, and the Office of the Insurance Commissioner (OIC) processes for public access to information and records. These proposed rules make it easier for requesters to understand OIC procedures regarding access to public records.
Other Identifying Information: Insurance Commissioner Matter No. R 2003-10.
Statutory Authority for Adoption: RCW 48.02.060, 48.17.250, 42.17.300, 70.02.050.
Statute Being Implemented: RCW 42.17.250 and 70.02.050.
Summary: RCW 42.17.250 requires each agency to adopt separate procedures for requesters to gain access to information. The current rules were last amended in 1975.
Reasons Supporting Proposal: The current rules do not reflect changes in the law, technology, and OIC processes. These proposed rules improve clarity and make it easier for requesters to understand OIC procedures regarding access to public records.
Name of Agency Personnel Responsible for Drafting: Jon Hedegard, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7039; Implementation: Steve Carlsberg, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7003; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7050.
Name of Proponent: Mike Kreidler, Insurance Commissioner, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: RCW 42.17.250 requires each agency to adopt separate procedures for requesters to gain access to information. The current rules were last amended in 1975. The current rules do not reflect changes in the law, technology, and OIC processes. These proposed rules improve clarity and make it easier for requesters to understand OIC procedures regarding access to public records.
Proposal Changes the Following Existing Rules:
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed regulations impose no costs on businesses regulated by the OIC.
RCW 34.05.328 does not apply to this rule adoption. This proposal is not a significant legislative rule for the purposes of RCW 34.05.328.
Hearing Location: Insurance Commissioner's Office, Room TR 120, 5000 Capitol Boulevard, Tumwater, WA 98501, on June 24, 2004, at 10:00.
Assistance for Persons with Disabilities: Contact Lori Villaflores by June 21, 2004, TDD (360) 586-0241.
Submit Written Comments to: Kacy Scott, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacys@oic.wa.gov, fax (360) 586-3109, by June 23, 2004.
Date of Intended Adoption: June 30, 2004.
May 19, 2004
ACCESS TO INFORMATION AND)) RECORDS
[Order R-75-1, § 284-03-010, filed 5/19/75.]
(2) On an OIC Public Disclosure Request form. The forms are available on the OIC website or by contacting the public records officer; or
(3) If the OIC form is not used, the public record request should be in writing and include the following information:
(a) The name of the person requesting the record;
(b) The calendar date on which the request was made;
(c) A statement that the request is not to be used for commercial purposes; and
(d) A sufficient description of the record requested.
(2) "Office" is the office of the insurance commissioner of the state of Washington, which includes by operation of law the office of the state fire marshal.)) The OIC does not maintain or have custody of all agency records. Historical records are sent to the secretary of the state's archives division. The OIC maintains a current index providing identifying information regarding OIC public records. The index is available to all persons under the same rules and on the same conditions as are applied to public records available for inspection. The records are indexed:
(1) By appropriate names;
(2) By calendar year;
(3) By topic; or
(4) A combination of the above methods, as appropriate.
[Order R-75-1, § 284-03-020, filed 5/19/75.]
(2) For purposes of this chapter, the functions,
organization and administration of this office relating to the
state fire marshal shall be as set forth in chapter 212-02 WAC.)) Within five business days after receiving a request,
the OIC will either:
(a) Provide the record(s);
(b) Acknowledge your request and give you a reasonable estimate of how long the agency will take to provide records. If your request is not clear, the OIC may ask you for more information (see WAC 284-03-035); or
(c) Deny all or part of the request in writing, with reasons for the denial (see WAC 284-03-040 and 284-03-045). The explanation will include the law the OIC relied upon in its denial. Every denial will be sent to the public records officer for review as required by RCW 42.17.320.
(2) At his or her discretion, the public records officer may send the requested records to you by e-mail, fax, or mail. The records may be delivered on computer or compact disks, or by use of other methods of transmittal or storage.
[Order R-75-1, § 234-03-030 (codified as WAC 284-03-030), filed 5/19/75.]
(1) Locate and gather the information requested;
(2) Notify an individual or organization affected by the request;
(3) Determine whether the information requested is exempt from disclosure and whether all or part of the public record requested can be released; or
(4) Contact you to clarify the intent, scope or specifics of the request. If you fail to clarify the request, the OIC may not have to respond to your request.
[Order R-75-1, § 284-03-040, filed 5/19/75.]
(1) Make your request in writing;
(2) Specifically refer to the written exemption provided by the OIC; and
(3) Address the request for review to the OIC's public records officer.
After receiving your request for review, the public records officer will refer the matter for review to the insurance commissioner or a designated deputy insurance commissioner. The commissioner or designee will either affirm or reverse the denial within two business days after the receipt of your request for review.
[Order R-75-1, § 284-03-050, filed 5/19/75.]
The indexes shall be kept current and maintained by the commissioner's designee, located in the Olympia office, and shall be updated no less frequently than annually. All indexes maintained by the commissioner shall be indexed by appropriate names, by calendar year, by topic, or a combination of these, as appropriate.)) You may inspect or get copies of all public records unless they are exempted by chapter 42.17 RCW, Title 48 RCW, chapter 19.108 or 70.02 RCW, or other applicable law.
[Statutory Authority: RCW 48.02.060, 48.02.160, 42.17.260 and 34.05.220. 90-18-037 (Order R 90-9), § 284-03-060, filed 8/28/90, effective 9/28/90; Order R-75-1, § 284-03-060, filed 5/19/75.]
[Order R-75-1, § 284-03-070, filed 5/19/75.]
USE AND PROTECTION OF PERSONAL INFORMATION BY THE OIC
(2) In addition, pursuant to RCW 42.17.260 the office reserves the right to delete identifying details when it makes available or publishes any public record in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy or as otherwise provided in WAC 284-03-040. The public records officer will fully justify such deletion in writing.
(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.)) The OIC will use the information you provide in a consumer complaint or inquiry to attempt to resolve your issue or inquiry. This includes contacting the business or person you complained about and any other persons, governments, businesses, or entities that may help the OIC resolve your complaint. If you do not wish the information to be disclosed by the OIC, you must state that in writing to the OIC. This may prevent the OIC from assisting you in resolving your issue.
[Order R-75-1, § 284-03-100, filed 5/19/75.]
The following sections of the Washington Administrative Code are repealed:
|WAC 284-03-080||Requests for public records.|
|WAC 284-03-090||Copying fees.|
|WAC 284-03-110||Review of denials of public records request.|
|WAC 284-03-120||Protection of public records.|
|WAC 284-03-130||Consumer complaints and inquiries.|
|WAC 284-03-140||Adoption of forms.|
|WAC 284-03-990||Form 276-1 -- Request for inspection of records.|
|WAC 284-03-99001||Form 276-2 -- Request for photocopy of record(s).|