WSR 05-01-004

PERMANENT RULES

OFFICE OF

FINANCIAL MANAGEMENT

[ Filed December 1, 2004, 2:02 p.m. , effective January 2, 2005 ]


Purpose: The current public disclosure rules were last updated in 1976. The proposed changes are intended to update the rules to ensure consistency with current law, the organizational structure and current agency practices. The changes also make technical adjustments and clarifications, where needed and repeal unnecessary and redundant provisions.

Citation of Existing Rules Affected by this Order: Repealing WAC 82-48-070; and amending WAC 82-48-010, 82-48-020, 82-48-030, 82-48-040, 82-48-050, 82-48-060, 82-48-080, 82-48-090, 82-48-100, 82-48-110, 82-48-120, 82-48-130, 82-48-140, 82-48-150, 82-48-160, and 82-48-170.

Statutory Authority for Adoption: RCW 42.17.260.

Adopted under notice filed as WSR 04-20-085 on October 5, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 16, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 16, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 16, Repealed 1.

Date Adopted: December 1, 2004.

Roselyn Marcus

Director of Legal Affairs

Rule-making Coordinator

OTS-7577.1


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-010   Purpose.   The purpose of this chapter ((shall be to ensure compliance by)) is to provide rules for the office of ((program planning and fiscal)) financial management ((with)) to implement the provisions of chapter 42.17 RCW((, Disclosure -- Campaign finances -- Lobbying -- Records; and in particular, with RCW 42.17.250 through 42.17.340 dealing with)) relating to public records.

[Order 34, 82-48-010, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-020   Definitions.   (((1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

(3) The abbreviation, OPP&FM, as used hereinafter shall mean)) The definitions set forth in RCW 42.17.020 shall apply to this chapter.

(1) "OFM" or agency means the office of ((program planning and fiscal)) financial management. Where appropriate, ((the abbreviation OPP&FM)) OFM or agency also refers to the staff and employees of the office of ((program planning and fiscal)) financial management.

(2) "Director" means the director of the office of financial management.

[Order 34, 82-48-020, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-030   Description of the office of program planning and fiscal management.   ((OPP&FM)) OFM is the state agency having ((primary responsibility)) decision-making and operational responsibilities for the ((fiscal)) financial and management affairs of state government in accordance with chapters 43.41 and 43.88 RCW. It is organized into a ((budgeting)) budget division, an accounting division, ((and)) labor relations division, executive policy division, and a contracting, forecasting and risk management division along with other divisions which support and augment these activities.

[Order 34, 82-48-030, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-040   Responsibilities.   The responsibilities of ((OPP&FM)) OFM include preparation of the governor's budget for presentation to the legislature((,)) and budget implementation monitoring through the operation of the budget and allotment systems, and maintenance of the statewide financial and administrative systems central books of account containing timely records of changes in the financial status of the state and other financial data bases. ((OPP&FM)) OFM also provides technical assistance to the governor and legislature by preparing notes and recommendations, based on information it has obtained, concerning needs and policies recommended for meeting these needs through state programs. In addition, OFM oversees statewide personal services contracting activities, provides a comprehensive risk management program for all state agencies and plays a critical role in statewide public employee labor management relations. Finally, the Revised Code of Washington contains ((a body of)) statutes ((which)) that assign specific duties of an advisory, supervisory, regulatory or similar nature to ((OPP&FM)) the agency. All of these relate either directly or indirectly to the financial affairs of the state ((of)) and its agencies thereof. ((A summary of statutes under which the agency operates is maintained in the office of the deputy director of OPP&FM. This summary is hereby designated as a portion of this chapter.))

[Order 34, 82-48-040, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-050   Method of operation.   In carrying out its responsibilities, ((OPP&FM)) OFM receives information about the management and operation of state agencies and their programs. This information includes, but is not limited to: Budget proposals, short and long-range goals and the plans developed to meet them, present and projected workloads, capital and operating resource requirements, detailed and summary reports of current expenditures, financial commitments, etc. This information is obtained both on a routine basis and in response to requests from the executive and legislative branches. It is recorded and evaluated by ((OPP&FM)) OFM and becomes the basis for reports, recommendations, approval of expenditures and, in certain cases, for the establishment of firm criteria for the disbursement of state funds. An example of the latter use is the annual determination of the population of all cities and towns in the state, required by RCW 43.62.030, which is the basis for distribution of tax revenues to these communities.

In obtaining the necessary data to perform these functions, ((OPP&FM)) OFM employs numerous methods of communication including, but not limited to: Reports submitted by state agencies, meetings with agency representatives, memoranda and informal contacts between its personnel and that of respondent agencies.

When necessary for the timely and uniform execution of its duties, ((OPP&FM)) OFM exercises its statutory power to place standardized reporting requirements upon other agencies of state government.

((OPP&FM)) OFM has published and currently maintains ((a manual of "Policies and regulations" for)) the State Administrative and Accounting Manual, which contains policies, regulations and guidance ((of)) for state agencies in fiscally-related matters.

[Order 34, 82-48-050, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-060   Public records available.   All public records of this agency, as defined in ((WAC 82-48-020)) RCW 42.17.020, are ((deemed to be)) available for public inspection and copying pursuant to these rules, except as otherwise provided by ((RCW 42.17.260 and 42.17.310)) chapter 42.17 RCW, any other laws and these rules.

[Order 34, 82-48-060, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-080   Public records officer.   The public records officer, designated by the ((agency)) director, shall be in charge of the agency's public records ((of OPP&FM)). The person so designated shall be located in the office of the ((deputy)) director. The public records officer shall be responsible for ((the following:)) implementation of the agency's rules and regulations regarding release of public records for inspection and copying, coordinating the staff of the agency in this regard, and generally ((insuring)) ensuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW ((42.17.250 - 42.17.340. In the absence of the public records officer when a request for public records is made, a designated representative shall act on his behalf in carrying)). The public records officer may choose a designee, as may be necessary, to act in his or her absence to carry out the above-described responsibilities.

[Order 34, 82-48-080, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-090   Availability of records.   Public records of ((OPP&FM)) OFM shall be ((made)) available for inspection and the preparation of requested copies in the office of the ((deputy)) director or other agency location as applicable, during normal office hours. For the purposes of this chapter, normal office hours of ((OPP&FM)) OFM shall be from 8:00 a.m. until noon and from 1:00 p.m. until 5:00 p.m., Monday through Friday, excluding legal holidays.

[Order 34, 82-48-090, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-100   Inspection of public records.   Public records of ((OPP&FM)) OFM required by any person to be disclosed in accordance with the provisions of chapter 42.17 RCW, shall be provided by the public records officer or his or her designee for inspection in the office of the ((deputy)) director or other agency location as applicable. Persons requesting such records may not remove them from the agency office ((of the deputy director)). Public records requested will be made available as promptly as is possible without excessive interference with the other essential functions of the agency, and in accordance with rules provided to protect the records so requested from damage or disorganization.

[Order 34, 82-48-100, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-110   Copying of public records.   No fee shall be charged for the inspection of public records. The agency may impose a charge for providing copies of public records. Such charges shall not exceed the amount necessary to reimburse the agency for its actual costs incident to such copying. If it is unduly burdensome for the agency to calculate the actual cost, OFM may charge $.15 per page. No person shall be provided a copy of a public record which has been copied by the agency at the request of such person until and unless such person has tendered payment of the charge for such copying.

[Order 34, 82-48-110, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-120   Commercial purposes.   No provisions of any regulation contained in this chapter 82-48 WAC shall be construed as giving authority to any officer or ((staff member of OPP&FM)) OFM employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the materials requested, OFM reserves the right to request a signed statement that the requestor will not use the list of individuals for commercial purposes.

[Order 34, 82-48-120, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-130   Agency rules for inspection and copying of public records.   In accordance with requirements of chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions, ((OPP&FM)) OFM has established ((rules)) procedures under which public records may be inspected and copies of such records obtained((. The text of these rules is available to all persons in the office of the deputy director, and is designated as a part of this chapter)) as follows:

(1) Written public records request may be sent to the agency by mail, facsimile or e-mail. Requests may be made in person or by telephone; however, the requesting party may be asked to reduce the request to writing. The purpose of requiring a written request is to assist the agency in tracking, managing and responding to requests in a timely and orderly fashion.

(2) The request shall include the name of the requesting party, contact information and the public records requested. Identification of the records requested shall be sufficiently described so that the agency may identify the record. If the record is not clearly identified, the requesting party may be asked for clarification.

(3) The public records officer or his or her designee may assist persons making public records requests to appropriately identify the public records being sought.

[Order 34, 82-48-130, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-140   Exemptions -- Court protection.   ((OPP&FM)) OFM reserves the right to determine that a public record or portion of a public record requested in accordance with the procedures outlined in chapter 82-48 WAC ((82-48-110)) is exempt from disclosure under the provisions of chapter 42.17 RCW ((42.17.310)).

In addition, pursuant to RCW 42.17.260, ((OPP&FM)) OFM reserves the right to delete identifying details when it makes available any public record in cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW.

Responses by ((OPP&FM)) OFM refusing, in whole or in part, inspection or copying of any public record shall be in writing and shall include a statement of the specific exemption authorizing the withholding of the public record or part and a brief explanation of how the exemption applies to the record withheld.

((Pursuant to RCW 42.17.330, OPP&FM reserves the right to seek to enjoin the examination of any record, the examination of which the agency determines would clearly not be in the public interest and would substantially and irreparably damage vital government functions.))

[Order 34, 82-48-140, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-150   Review of denial of public records request.   Upon denial of any request for public records ((based on the exemptions contained in RCW 42.17.310, the written record)), the requesting party may petition for review of such denial ((shall be submitted)) to the director ((of OPP&FM)). The director or his or her designee ((for)) shall review((.)) the denial and provide the results of such review ((shall be delivered)) in writing to the petitioner and the public records officer before the end of the second business day following the ((denial. The public records officer shall make the results of such review immediately available to the person whose request was denied)) receipt of the request for review. This review shall constitute final agency action for purposes of judicial review.

[Order 34, 82-48-150, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-160   Records index.   The office of ((program planning and fiscal)) financial management shall maintain and make available for public inspection and copying an appropriate index in accordance with RCW 42.17.260.

[Order 34, 82-48-160, filed 9/16/76.]


AMENDATORY SECTION(Amending Order 34, filed 9/16/76)

WAC 82-48-170   Communications with the agency.   All communications with ((OPP&FM)) OFM for the purpose of obtaining information, making submittals or requests, or making inquiries concerning the agency's rules for compliance with chapter 42.17 RCW shall be addressed as follows:


Office of ((Program Planning
and Fiscal)) Financial Management
Public Records Officer
((House Office Building)) 300 Insurance Building
P.O. Box 43113
Olympia, WA 98504-3113

The telephone number of the public records officer is (((206) 753-5460)) 360-902-0525. Or you can e-mail your request to publicdisclosure@ofm.wa.gov.

[Order 34, 82-48-170, filed 9/16/76.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 82-48-070 Commercial purposes.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office