WSR 06-17-131

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed August 22, 2006, 8:46 a.m. , effective September 22, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Housekeeping amendments to Title 478 WAC rules that update citations of the state's recodified public records laws.

Citation of Existing Rules Affected by this Order: Amending 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.

Statutory Authority for Adoption: RCW 28B.20.130 and chapter 274, Laws of 2005.

Other Authority: Executive Order 97-02.

Adopted under notice filed as WSR 06-12-066 on June 5, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.

Date Adopted: August 18, 2006.

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-8943.1


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.]

OTS-8944.1


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.]

OTS-8945.1


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 [06-13-021], filed 5/23/01 [6/13/06], effective 6/23/01 [7/14/06])

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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
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