WSR 06-12-066

EXPEDITED RULES

UNIVERSITY OF WASHINGTON


[ Filed June 5, 2006, 10:41 a.m. ]

Title of Rule and Other Identifying Information: Housekeeping amendments to Title 478 WAC, rules that update citations of the state's recodified public records laws.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 355509, Seattle, WA 98195, e-mail rules@u.washington.edu, fax (206) 221-6917 , AND RECEIVED BY August 9, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed housekeeping amendments are intended to update various citations of the state's public records laws within the University of Washington's Title 478 WAC rules. Chapter 42.17 RCW will be recodified as chapter 42.56 RCW, Public records, effective July 1, 2006. Amended citations appear in WAC 478-04-010, 478-250-010, 478-250-060, 478-276-010, 478-276-060, 478-276-080, 478-276-100, and 478-276-110.

Reasons Supporting Proposal: Executive Order 97-02 encourages state agencies to update rules for accuracy.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130 and chapter 274, Laws of 2005.

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

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting: Rebecca Goodwin Deardorff, Director of Rules Coordination, 4046 12th Avenue N.E., Seattle, WA, (206) 543-9219; Implementation and Enforcement: Eliza Saunders, Director of Public Records and Open Public Meetings, 4311 11th Avenue N.E., Suite 360, Seattle, WA, (206) 543-9180.

June 1, 2006

Rebecca Goodwin Deardorff

Director of Rules Coordination


AMENDATORY SECTION(Amending WSR 90-15-005, filed 7/6/90, effective 8/6/90)

WAC 478-04-010   Purpose.   The purpose of this chapter is to establish rules implementing RCW 34.05.220 (1)(b) and ((42.17.250)) 42.56.040 (1)(a) and (b).

[Statutory Authority: Chapter 34.05 RCW. 90-15-005, 478-04-010, filed 7/6/90, effective 8/6/90.]


AMENDATORY SECTION(Amending WSR 91-10-031, filed 4/24/91, effective 5/25/91)

WAC 478-250-010   Purpose.   This chapter is enacted by the board of regents of the University of Washington in compliance with chapter ((42.17)) 42.56 RCW, "((Disclosure -- Campaign finances -- Lobbying -- )) Public records"; and chapter 34.05 RCW, "Administrative Procedure Act"; and in particular with RCW ((42.17.260)) 42.56.070 and 34.05.220.

[Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-010, filed 4/24/91, effective 5/25/91.]


AMENDATORY SECTION(Amending WSR 05-08-064, filed 3/31/05, effective 5/1/05)

WAC 478-250-060   Rule indexing.   (1) Content. The university rules coordination office shall maintain an index of final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW ((42.17.260)) 42.56.070(5), issued after June 30, 1990, by the board of regents of the University of Washington, the president of the University of Washington, or their designees.

(2) Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW, RCW 42.17.260 and 42.17.290. 05-08-064, 478-250-060, filed 3/31/05, effective 5/1/05. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-250-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-060, filed 4/24/91, effective 5/25/91.]


AMENDATORY SECTION(Amending WSR 91-10-031, filed 4/24/91, effective 5/25/91)

WAC 478-276-010   Purpose.   This chapter is enacted by the board of regents of the University of Washington in compliance with the provisions of chapter ((42.17)) 42.56 RCW, "((Disclosure -- Campaign finances -- Lobbying -- Records"; and in particular with RCW 42.17.250 through 42.17.340 dealing with)) Public records."

[Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-010, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-010, filed 10/2/81; Order 73-5, 478-276-010, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

WAC 478-276-060   Public records officer.   For purposes of compliance with chapter ((42.17)) 42.56 RCW, the person designated as public records officer for the University of Washington is the director of public records and open public meetings. Duties for this individual shall include but not be limited to: The implementation of the university's rules and regulations regarding release of public records, coordinating the staff of the public records and open public meetings office in this regard, and generally coordinating compliance by the university with the public records disclosure requirements of chapter ((42.17)) 42.56 RCW. The person so designated shall be at the following location:


University of Washington

Public Records and Open Public Meetings Office

Visitors Information Center

4014 University Way N.E.

Seattle, WA 98105-6203


(for internal campus mail use: Box 355502).

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-060, filed 5/23/01, effective 6/23/01; 97-14-004, 478-276-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-060, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-060, filed 10/2/81; Order 73-5, 478-276-060, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

WAC 478-276-080   Requests for public records.   In accordance with requirements of chapter ((42.17)) 42.56 RCW, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records required to be disclosed by chapter ((42.17)) 42.56 RCW, may be inspected or copies of such records may be obtained, by members of the public upon compliance with the following procedures: All requests shall be directed to the director of public records and open public meetings at the address set forth in WAC 478-276-140. The request shall include the following information:

(1) The name and address of the person requesting the records;

(2) The date on which the request was made; and

(3) The public record(s) requested.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-080, filed 5/23/01, effective 6/23/01; 97-14-004, 478-276-080, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-080, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-080, filed 10/2/81; Order 73-5, 478-276-080, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

WAC 478-276-100   Inspection of public records -- Copying -- Costs.   (1) Public records of the University of Washington required to be disclosed by chapter ((42.17)) 42.56 RCW, shall be made available for inspection and copying by the public records and open public meetings office staff under the supervision of the director of public records and open public meetings. Arrangements for photocopying of documents in accordance with RCW ((42.17.300)) 42.56.210 shall be made by the university in such a way as to protect the records from damage or disorganization and to prevent excessive interference with other essential functions of the agency.

(2) No fee shall be charged for the inspection of public records. The university imposes a charge for providing copies of public records whether the copies are on paper or on other media such as, but not limited to, CDs, diskettes, audio or videotape; the university also charges for packaging, postage, and other charges as allowed by statute. Such charges shall not exceed the amount necessary to reimburse the university for actual costs as allowed by law.

(3) No person shall be provided a copy of a public record which has been copied by the university at the request of such person until and unless such person has tendered payment for the charge for providing such copying.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-100, filed 5/23/01, effective 6/23/01; 97-14-004, 478-276-100, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-100, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-100, filed 10/2/81; Order 73-5, 478-276-100, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 91-10-031, filed 4/24/91, effective 5/25/91)

WAC 478-276-110   Exemptions -- Court protection.   (1) The University of Washington reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 478-276-080 is exempt under the provisions of chapter ((42.17)) 42.56 RCW.

(2) In addition, pursuant to chapter ((42.17)) 42.56 RCW, the University of Washington 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 protected by RCW ((42.17.255)) 42.56.050.

(3) Responses by the University of Washington refusing, in whole or in part, inspection of any record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

(4) Pursuant to RCW ((42.17.330)) 42.56.540, the University of Washington reserves the right to seek to enjoin the examination of any specific record, the examination of which the university determines would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially and irreparably damage vital governmental functions.

[Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-110, filed 4/24/91, effective 5/25/91; Order 73-5, 478-276-110, filed 5/29/73.]

Washington State Code Reviser's Office