WSR 08-01-040

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed December 11, 2007, 3:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-21-098.

Title of Rule and Other Identifying Information: Clarify the process to be followed to request disclosure of public records from the agency.

Hearing Location(s): Department of Corrections, 7431 Linderson Way, Room 1028A, Tumwater, WA 98501, on January 28, 2008, at 10 a.m.

Date of Intended Adoption: January 29, 2008.

Submit Written Comments to: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail jrnispel@DOC1.wa.gov, fax (360) 664-2009, by January 25, 2008.

Assistance for Persons with Disabilities: Contact Kimberly French by January 23, 2008, (360) 725-8367.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The adoption of this rule will clarify the method and location at which requests for public records may be made at the department. Because all requests will be made at a central location, the department will be able to more efficiently and effectively respond to records requests.

Reasons Supporting Proposal: To improve the efficiency and effectiveness of the department in responding to record requests.

Statutory Authority for Adoption: RCW 72.01.090.

Statute Being Implemented: RCW 42.56.040.

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

Name of Proponent: Department of corrections, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Denise L. Vaughan, DOC HQ Building, Tumwater, (360) 725-8854.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Adoption of this rule will have no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. Adoption of these rules have no economic impact.

December 12 [11], 2007

E. Vail

Secretary

OTS-1178.1


AMENDATORY SECTION(Amending WSR 07-12-073, filed 6/5/07, effective 7/6/07)

WAC 137-08-060   Public records available.   (((1) Requests for any identifiable public record may be initiated at any office of the department during normal business hours.

(2))) The department shall at all times take the most timely possible action on requests for disclosure, and shall be required to respond in writing within five working days of receipt of the request for disclosure. The department's failure to so respond shall entitle the person seeking disclosure to petition the public disclosure officer pursuant to WAC 137-08-140.

[Statutory Authority: RCW 72.01.090. 07-12-073, 137-08-060, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 10.97.080 and 42.17.320. 86-10-010 (Order 86-05), 137-08-060, filed 4/29/86. Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. 85-13-020 (Order 85-06), 137-08-060, filed 6/10/85. Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-060, filed 1/26/82.]


AMENDATORY SECTION(Amending Order 82-3, filed 1/26/82)

WAC 137-08-090   Request for public records.   (1) ((Unless waived by a public disclosure coordinator, all requests for the disclosure of a public record)) All requests for the disclosure of a public record, other than requests by incarcerated offenders for inspection of their health record or central file must be submitted in writing directly to the Department of Corrections Public Records Officer at P.O. Box 41118, Olympia, WA 98504 or via e-mail at publicdisclosureunit@doc1.wa.gov identifying the record sought with reasonable certainty. The written request ((may)) should include:

(a) The name of the person requesting the record and their contact information;

(b) The ((time of day and)) calendar date on which the request is made((,)); and((;))

(c) The ((nature of the request)) records requested.

Incarcerated offenders under the authority of the department of corrections shall submit requests to inspect their own health record or central file to the records manager at the facility in which, they are currently incarcerated.

(2) A request for disclosure shall be made during customary business hours.

(3) If the public record contains material exempt from disclosure pursuant to law, including those laws cited in WAC 137-08-150, the department must provide the person requesting disclosure with a written explanation for the nondisclosure, pursuant to WAC 137-08-130.

(4) Any person continuing to seek disclosure, after having received a written explanation for nondisclosure pursuant to WAC 137-08-130, may request a review under the provisions of WAC 137-08-140.

(5) When a person's identity is relevant to an exemption, that person may be required to provide personal identification.

(6) Nothing in this section or elsewhere in this chapter shall be construed to require the department to compile statistics or other information from material contained in public records, where doing so would unduly interfere with other essential functions of the department and is not required for litigation by rules of pretrial discovery.

[Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-090, filed 1/26/82.]

Washington State Code Reviser's Office