WSR 07-16-087

PROPOSED RULES

GAMBLING COMMISSION


[ Filed July 30, 2007, 2:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-11-008.

Title of Rule and Other Identifying Information: New chapter 230-21 WAC, Public disclosure.

Hearing Location(s): Hilton Garden Inn, 401 East Yakima Avenue, Yakima, WA 98901, (509) 494-5004, on September 14, 2007, at 9:30 a.m.

Date of Intended Adoption: September 14, 2007.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan2@wsgc.wa.gov, fax (360) 486-3625, by September 1, 2007.

Assistance for Persons with Disabilities: Contact Gail Grate, Executive Assistant, by September 1, 2007, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The gambling commission is rewriting its rules manual using plain English techniques. We anticipate the project will be completed by January 1, 2008. The rules manual is being broken into sections and rewritten a section at a time. This file is to provide notification that rules regarding public disclosure are under review and are now being rewritten in plain English.


Overview of chapter 230-21 WAC, Public disclosure rules changed

SUBSTANTIVE RULE CHANGES:

Post-1/1/2008 WAC 230-21-005 Purpose.

Pre-1/1/2008 WAC 230-60-001 Purpose.

This rule was amended to change the RCW reference number. When the RCW was recodified the number our rule referred to was no longer in use.

REPEALER

Pre-1/1/2008 WAC 230-60-010 Definitions.

This rule was repealed to reflect the current Public Records Act, chapter 42.56 RCW.


Post-1/1/2008 230-21-005 Types of public records, location, and times available.

Pre-1/1/2008 WAC 230-60-025 Public records available -- Location -- Time available.

The rule needed to be updated to reflect the current version of the Public Records Act. References to chapter 42.17 RCW and chapter 230-60 WAC are removed and replaced by references to chapter 42.56 RCW. Also, the reference to nondisclosure of "investigative procedures," is eliminated. Availability of records is clarified.


Post-1/1/2008 WAC 230-21-015 Public records officers.

Pre-1/1/2008 WAC 230-60-030 Public records officers.

The only change to the rule is to update a citation to the Public Records Act.

REPEALER

Pre-1/1/2008 WAC 230-60-035 Office hours.

The current rule is repetitive and needs to be repealed. The agency's normal office hours are stated in WAC 230-21-005.


Post-1/1/2008 WAC 230-21-020 Requests for public records.

Pre-1/1/2008 WAC 230-60-040 Requests for public records.

The rule is updated to reflect compliance with the current Public Records Act, chapter 42.56 RCW. Requests for public disclosure no longer require the requestor to refer to the "current commission record index," so that subpart has been eliminated from the rule.


Post-1/1/2008 WAC 230-21-015 Public records officers.

Pre-1/1/2008 WAC 230-60-030 Public records officers.

The only change to the rule is to update a citation to the Public Records Act.

REPEALER

Pre-1/1/2008 WAC 230-60-045 Copying.

We are repealing WAC 230-60-045, rule governing fee for copying public records because it is covered under the Public Records Act, RCW 42.56.120.

REPEALER

Pre-1/1/2008 WAC 230-60-050 Exemptions.

Staff is proposing to repeal WAC 230-60-050 (1) and (2), sections covering exemptions for public records and the agency requirements for denying requests based on exemptions because they are established in the Public Records Act, RCW 42.56.070.

REPEALER

Pre-1/1/2008 WAC 230-60-065 Records index.

Staff is proposing to repeal WAC 230-60-065, which reiterates the agency's requirement to maintain a system of indexing for the dissemination of public records because it is covered in the Public Records Act, RCW 42.56.070(5).

REPEALER

Pre-1/1/2008 WAC 230-60-100 Interpretive and policy statements.

Staff repealed WAC 230-60-100 Interpretative policy and policy statement, because the information it covers is in the Administrative Procedure Act, RCW 34.05.230.

Reasons Supporting Proposal: To make our rules manual more user friendly. To make rules easier to find and understand.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington state gambling commission, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impacts statement has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule change clarifies language of rules without changing the effect.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

July 30,2007

Susan Arland

Rules Coordinator

OTS-9882.1

Chapter 230-21 WAC

PUBLIC DISCLOSURE


NEW SECTION
WAC 230-21-001   Purpose.   The purpose of this chapter is to ensure the Washington state gambling commission complies with the Public Records Act, chapter 42.56 RCW.

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NEW SECTION
WAC 230-21-005   Types of public records, location, and times available.   All public records of the commission are available for public inspection and copying unless the law provides otherwise. The location of the records and times they are available are:

(1) Location of public records - All public records of the commission are located at our administrative office in Lacey.

(2) Times available - All public records are available for inspection and copying during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Unless someone makes in advance a written request to view them, public records may not be available during the period 12:00 noon to 1:00 p.m.

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NEW SECTION
WAC 230-21-010   Public records officers.   The director designates the public records officers in charge of our public records. These persons must be located in our main administrative offices. Public records officers are responsible for:

(1) Implementing our rules regarding the release of public records;

(2) Coordinating the staff of the commission in this regard;

(3) Maintaining, keeping current, and publishing an index of all agency records as chapter 42.56 RCW requires; and

(4) Generally insuring staff complies with chapter 42.56 RCW.

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NEW SECTION
WAC 230-21-015   Requests for public records.   According to chapter 42.56 RCW, members of the public may inspect, copy, or get copies of public records if they comply with the following procedures:

(1) Make a request in writing on the form we require and have available at our administrative office; and

(2) Present the form at our administrative office during normal office hours to commission staff designated to receive requests, or send it by mail; and

(3) Commission staff must assist the public in identifying the appropriate public record requested; and

(4) If a person is not specifically authorized by law to obtain lists of names of individuals from public records, that person must complete a statement agreeing not to release or use the public record information for commercial purposes.

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NEW SECTION
WAC 230-21-020   Denying public disclosure requests.   With all denials of requests for public records, we provide a written statement explaining the reason for the denial. The statement includes:

(1) The specific exemption that authorizes us to withhold the record; and

(2) A brief explanation of how the exemption applies to the record we withheld.

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NEW SECTION
WAC 230-21-025   Protection of public records.   We are a law enforcement and regulatory agency and a licensing agency.

(1) Individuals may inspect the public records at the administrative offices where we file and maintain the records. An authorized member of our staff must accompany and observe the inspection.

(2) We will deny inspection and withdraw the records if the individual inspecting the records:

(a) Is damaging, altering, or substantially disorganizing them; or

(b) Attempts to remove them; or

(c) Is excessively interfering or will unduly interfere with our other essential functions.

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Washington State Code Reviser's Office