Subject of Possible Rule Making: Disclosure of records that are seventy-five years old, or older, and in the possession of the state archives.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 40.14.130, 40.14.020.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules will:

•	Pursuant to RCW 40.14.030(2), specifies circumstances in which it is permissible to open for public inspection records deemed confidential, privileged, or exempt (under state or federal law) from public disclosure but which also have significant historical value and are in the possession of the state archives;
•	Provides structured processes for the opening of such records under the specified circumstances.

     Process for Developing New Rule: Negotiated rule making; and initial proposed rule language will be developed by the Office of the Secretary of State (OSOS). OSOS will create a stakeholder group of known interested parties. OSOS will take commit [comments] from other interested parties before and after publication in the register. Finally, public comment will be taken at public hearings prior to final adoption.

     Process for Developing New Rule:

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Shane Hamlin, P.O. Box 40220, Olympia, WA 98504-0220, phone (360) 902-4141, fax (360) 586-5629, e-mail shamlin@secstate.wa.gov.

October 5, 2005

Steve Excell

Assistant Secretary of State

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