WSR 05-03-025

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed January 7, 2005, 2:04 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-23-016.

Title of Rule and Other Identifying Information: Chapter 139-02 WAC, Public disclosure.

Hearing Location(s): Washington State Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148, on Wednesday, March 9, 2005, at 10:00 a.m.

Date of Intended Adoption: March 9, 2005.

Submit Written Comments to: Sharon M. Tolton, Deputy Director, 19010 1st Avenue South, Burien, WA 98148, e-mail stolton@cjtc.state.wa.us, fax (206) 439-3860, by March 2, 2005.

Assistance for Persons with Disabilities: Contact Sonja Hirsch, Confidential Secretary, by March 2, 2005, TTY (206) 835-7300.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify, streamline, and reform agency procedures.

Reasons Supporting Proposal: Per Executive Order 97-02, each state agency shall begin a review of its rules that have significant effects on business, labor, consumers, and the environment. Agencies shall determine if their rules should be (a) retained in their current for [form] or (b) amended or repealed, if they do not meet the review criteria specified in the executive order.

Statutory Authority for Adoption: RCW 43.101.080.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Staff and Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sharon M. Tolton, Burien, (206) 835-7345.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

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

December 14, 2004

Sharon M. Tolton

Deputy Director

OTS-7642.2


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-020   Definitions.   (((1) "Public records" include 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 the commission regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, 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 definitions set forth in RCW 42.17.020 shall apply to this chapter.

In addition, "commission" means the criminal justice training commission.

(((4) "Client" means any person or organization about whom the commission has a record.

(5) "Disclosure" means inspection and/or copying.

(6) "Denial of disclosure" denotes any exempting from disclosure of any public record.))

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-020, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-030   Public records available.   (1) Requests for any identifiable public record may be initiated by mail or in person at the business office of the commission during normal business hours.

(2) The commission shall at all times take the most timely possible action on requests for disclosure((,)) and shall be required to respond in writing within five business days of receipt of the request for disclosure.

(3) Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-030, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-050   Request for public records.   (1) ((Unless waived by a public disclosure officer,)) All requests for the disclosure of a public record must be in writing identifying the record sought with reasonable certainty. The written request ((may)) must be on a form adopted by the commission and shall include:

(a) The name of the person requesting the record;

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

(c) The nature of the request.

(2) An in-person request for disclosure shall be made during customary business hours.

(3) If the public record contains material exempt from disclosure pursuant to law, the commission must provide the person requesting disclosure with a written explanation for the nondisclosure((, pursuant to WAC 137-08-130.

(4) When a person's identity is relevant to an exemption, that person may be required to provide personal identification.

(5) Nothing in this section or elsewhere in this chapter shall be construed to require the commission to compile statistics or other information from material contained in public records, where doing so would unduly interfere with other essential functions of the commission and is not required for litigation by rules of pretrial discovery)).

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-050, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-070   Fees -- ((Inspection and)) Copying.   (1) No fee shall be charged for the inspection of public records.

(2) The commission shall collect a fee of ((twenty)) fifteen cents per page plus postage as reimbursement for the cost of providing copies of public records.

(3) The commission may charge the actual cost for providing copies of public records, including duplication of photographs, audio tapes, video tapes, diagrams and/or drawings.

(4) Nothing contained in this section shall preclude the commission from agreeing to exchange or provide copies of manuals or other public records with other state or federal agencies, whenever doing so is in the best interest of the commission.

(((4) The director of the commission or his or her designee is authorized to waive any of the foregoing copying costs.)) (5) The public records officer may waive the fee for copies when the expense of processing the payment exceeds the cost of providing the copies.

(6) Payment should be by check to the criminal justice training commission. The commission may require that all charges be paid in advance to the release of copies of records.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-070, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-080   Protection of public records.   Public records shall be disclosed and inspected only in the presence of the public disclosure officer or ((his or her)) their designee((, who)) and shall not be removed from the place designated for their inspection. The public disclosure officer or their designee shall withdraw the records if the person requesting disclosure acts in a manner which will damage or substantially disorganize the records or interfere excessively with other essential functions of the commission. This section shall not be construed to prevent the commission from accommodating a person by use of the mails in the disclosure process.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-080, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-090   Disclosure and exemption procedures.   (1) The public disclosure officer shall review file materials prior to disclosure.

(2) If the file does not contain materials exempt from disclosure, the public disclosure officer shall ensure full disclosure.

(3) If the file ((does)) contains material((s)) exempt from disclosure, the public disclosure officer shall deny disclosure of those exempt portions of the file, and shall, at the time of the denial, in writing, clearly specify the reasons for the denial of disclosure((, including)). A statement of the specific exemptions or reasons authorizing the withholding of the record and a brief explanation of how the exemption or reason applies. The remaining, nonexempt materials shall be fully disclosed.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-090, filed 8/4/00, effective 9/4/00.]


AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-02-110   Records index.   (((1) The commission finds that it would be unduly burdensome and would interfere with agency operations to maintain an index of records because of the complexity and diversity of its operations and the resulting volume of manuals, correspondence, reports, surveys, staff studies, and other materials.

(2) The commission will make available for public disclosure all indices which may at a future time be developed for agency use.)) The commission will maintain and make available for public inspection and copying an appropriate index or indices in accordance with RCW 42.17.260.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-02-110, filed 8/4/00, effective 9/4/00.]


NEW SECTION
WAC 139-02-120   Review of denials of public records requests.   (1) Any person who objects to the commission's denial of a request for a public record may petition 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 director of the commission or their designee. The director or their designee shall immediately consider the matter and either affirm or reverse such denial within two business days following the receipt of the written request for review of the denial of the public record.

(3) Administrative remedies shall not be considered exhausted until the director or their designee has returned the petition with a decision or until the close of the second business day following receipt of the written request for review of the denial of the public record, whichever occurs first.

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NEW SECTION
WAC 139-02-130   Adoption of form.   The commission hereby adopts for use by all persons requesting inspection and/or copies of its records, the following form entitled, "Request for public records":


WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION
REQUEST FOR PUBLIC RECORDS
Date . . . . . . . . . . . . Time . . . . . . . . . . . .
Name . . . . . . . . . . . .
Address . . . . . . . . . . . .
Daytime phone number . . . . . . . . . . . .
Description of records:
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
If my request is for a list of individuals, I certify that the information obtained through this request will not be sued for commercial purposes.
. . . . . . . . . . . .
Signature

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 139-02-060 Disclosure to client's representative.
WAC 139-02-100 Qualifications on nondisclosure.

Washington State Code Reviser's Office