WSR 07-19-121

EXPEDITED RULES

WASHINGTON STATE UNIVERSITY


[ Filed September 19, 2007, 10:31 a.m. ]

     Title of Rule and Other Identifying Information: Amending WAC 504-45-080, procedures for petitions for review of denials of public records.

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 Ralph T. Jenks, University Rules Coordinator, Washington State University, Office of Procedures, Records, and Forms, P.O. Box 641225, Pullman, WA 99164-1225 , AND RECEIVED BY November 19, 2007.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed amendment clarifies that the public records officer shall consider any petitions for review of denials of public records and either affirm or reverse same.

     Reasons Supporting Proposal: This is a housekeeping revision.

     Statutory Authority for Adoption: RCW 34.05.353.

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

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting: Ralph T. Jenks, Office of Procedures, Records, and Forms, (509) 335-2004; Implementation and Enforcement: Sally Savage, Public Records Officer, (509) 335-7391.

September 19, 2007

Ralph T. Jenks, Director

Office of Procedures, Records, and Forms

and University Rules Coordinator

Chapter 504-45 WAC

PUBLIC RECORDS


AMENDATORY SECTION(Amending WSR 07-04-027, filed 1/29/07)

WAC 504-45-080   Review of denials of public records.   (1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

     (2) Consideration of petition for review. The public records officer ((shall promptly provide the petition and any other relevant information to the vice-president for business affairs or designee. That person)) will immediately consider the petition and either affirm or reverse such denial within two business days following the university's receipt of the petition, or within such other time as the university and the requestor mutually agree to.

     (3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the university denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

     (4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

[Statutory Authority: RCW 28B.30.150. 07-04-027, § 504-45-080, filed 1/29/07, effective 3/1/07.]

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