Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: New sections WAC 357-07-005 What is the purpose of this chapter?, 357-07-010 What definitions apply to public records?, 357-07-015 How does the department index its records?, 357-07-020 How can I obtain a copy of the department's records index?, 357-07-025 How do I request to inspect or get a copy of a public record?, 357-07-030 How will the department respond to my request?, 357-07-035 What happens if the department determines that all or part of a requested public record is exempt from disclosure?, 357-07-040 When are public records available?, 357-07-045 Where can I inspect a public record?, 357-07-050 What is the fee to copy a public record?, 357-07-055 What restrictions apply when I come to inspect or get copies of public records?, 357-07-060 When is the department of personnel permitted to dispose of public records?, 357-07-065 How is the department of personnel organized?, 357-07-070 What is the department of personnel's general method of operation?, and 357-07-075 How can I contact the department of personnel?

     Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

     Date of Intended Adoption: July 29, 2004.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

     Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed chapter (public records) of rules is to ensure that the Department of Personnel complies with the provisions of state law on public disclosure.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding public records. The proposed rules implement this provision of the Personnel System Reform Act.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director

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     (2) The index is maintained in electronic form with copies available on paper.

     (3) The index contains topic and subtopic headings that people can use to facilitate finding a specific public record.

     (4) The index is available to the public on the same basis as other public records.

     (5) The department revises and updates the index biennially.

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     Public Records Officer

     Washington State Department of Personnel

     521 Capitol Way South

     PO Box 47500

     Olympia, Washington 98504

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     Public Records Officer

     Washington State Department of Personnel

     521 Capitol Way South

     PO Box 47500

     Olympia, Washington 98504

     The department will not accept public records requests via e-mail unless such a request is approved in advance by the director, the public records officer, or an authorized designee.

     (2) Public records requests must contain the following information:

     (a) The name, address and telephone number of the person requesting the record;

     (b) The date on which the request is being made;

     (c) A description of the record(s) requested;

     (d) If the requested record is referenced in a current department of personnel index, a reference to the record as described in the index; and

     (e) If the request is for a list of individuals, the requester must certify that the information will not be used for commercial purposes except as permitted by RCW 42.17.260(9).

     (3) If the requester desires, the department will provide a form to be used for public record requests.

     (4) The public records officer or designee will assist members of the public to clarify a request or to identify specific records or types of records. The department may require a requester to provide additional information to sufficiently identify records or to determine whether a lawful exemption applies.

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     (a) Make the requested record(s) available;

     (b) Deny all or part of the request as described in WAC 357-07-070; or

     (c) Acknowledge receipt of the request and estimate the reasonable time period needed to respond to the request as permitted by RCW 42.17.320.

     (2) The director or designee within two working days of the denial will review denials of requests for public records.

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     (2) The public records officer may delete information from any record before permitting public inspection or copying if the information is exempt from disclosure according to RCW 42.17.310, another section of chapter 42.17 RCW or other applicable law. After such data is deleted, the remainder of the record must be made available.

     (3) The department must accompany any denial of a requested public record, or portion of a record, with a written statement specifying the reason for the denial. The statement must include a reference to the specific exemption in chapter 42.17 RCW that authorizes withholding the record or portion of the record, and a brief explanation of how the exemption applies to the material being withheld.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-07-050   What is the fee to copy a public record?   (1) The department makes copies of its rules available at no charge. Otherwise, the following fees apply:

     (a) Fifteen cents per page for copies of public records; or

     (b) The actual cost of postage or delivery and for duplicating tape recordings, videotapes, photographs, slides, disks, or similar media.

     (2) Charges are ordinarily payable at the time copies are furnished. If copying costs are expected to exceed fifty dollars, the department may request payment in advance of making copies.

     (3) The public records officer may waive any of the foregoing fees for good cause, including but not limited to circumstances when total copying costs would be negligible.

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     (1) No requester may remove a public record from the department's premises.

     (2) A requester may only inspect public records in the presence of a designated department employee.

     (3) During inspection, a requester must not mark or alter a public record in any manner.

     (4) Public records that are maintained in a file or jacket, or in chronological order, may not be dismantled except by a department employee for purposes of copying.

     (5) When copying public documents, a department employee will operate the copy machine.

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     (1) Personnel services which provides consultation and services related to recruitment, assessment, affirmative action, salary surveys, compensation plan administration, and classification to state agencies, institutions of higher education, and related higher education boards.

     (2) Human resource development services (located at 600 South Franklin Street, Olympia, Washington) which provides consultation on human resource development activities to agencies, training which is interagency in scope, and guidelines for agency planning and evaluation of human resource development.

     (3) Administrative services which provides departmental fiscal management, facilities, agency personnel services, affirmative action, client relations, and labor relations services. Within the Administrative division, the employee advisory service offices are at the following locations: 3400 Capitol Boulevard, Olympia, Washington; 613 - 19th Avenue E., Suite 101, Seattle, Washington; and at Suite 604, Northtown Office Building, Spokane, Washington.

     (4) Client and employee relations services which provides general human resource consulting services and organizational development services.

     (5) Human resources information services (located at Building #1, Rowesix, 4224 6th Avenue, Lacey, Washington) which administers the central personnel/payroll and insurance eligibility computer systems.

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     (2) All interested parties may participate in formulation of agency rules. The department is required to provide twenty days notice of formal action by the director or the personnel resources board on any rule, classification plan, or compensation plan.

     (3) For matters other than rulemaking under the administrative procedure act, chapter 34.05 RCW or quasi-judicial matters as defined in RCW 42.30.140(2), the board may call a special meeting upon twenty-four hour notice as provided in the open public meetings act, RCW 42.30.080.

     (4) Before rule proposals are made to the board or director, department staff may conduct informal work sessions as necessary to ensure representation from interested parties.

     (5) The department must conduct all business in accessible facilities and in a manner that reasonably accommodates the needs of disabled persons.

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