WSR 08-01-099

EXPEDITED RULES

COMMISSION ON

HISPANIC AFFAIRS

[ Filed December 18, 2007, 10:12 a.m. ]

Title of Rule and Other Identifying Information: WAC 322-12-010, 322-12-020, 322-12-030, 322-12-040, 322-12-060, 322-12-070, 322-12-090, 322-12-110, 322-12-150, and 322-12-160, amending commission name, physical location, meeting dates, and references to chapter 1, Laws of 1973 in the above WAC sections.

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 Alicia Luna, Commission on Hispanic Affairs Washington State, 210 11th Avenue S.W., Suite 301A, Olympia, WA 98504-0924 , AND RECEIVED BY February 19, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update its rules relating to commission name, physical location, meeting dates, and update the references to chapter 1, Laws of 1973 to chapter 42.56 RCW (legislature recodified the public record law as chapter 42.56 RCW).

We don't anticipate any effects.

Statutory Authority for Adoption: RCW 43.115.040.

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

Name of Proponent: Commission on hispanic affairs Washington state, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Alicia Luna, 210 11th Avenue S.W., Suite 301A, Olympia, WA, (360) 725-5661.

December 18, 2007

Alicia Luna

Executive Assistant

OTS-1260.1


AMENDATORY SECTION(Amending Order 4, filed 2/2/87)

WAC 322-12-010   Establishing regular meetings.   Pursuant to section 7, chapter 250, Laws of 1971 ex. sess., and RCW 42.30.070, regular meetings of the commission on ((Mexican-American)) Hispanic affairs shall be ((held on the second Saturday of every other month, beginning at 10:00 a.m.)) six public meetings, provided there are sufficient funds in the commission's budget. Such meetings shall be held at a place designated by the chairman of the commission.

[Statutory Authority: RCW 43.115.040. 87-04-035 (Order 4), 322-12-010, filed 2/2/87; Order 1, 322-12-010, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-020   Purpose.   The purpose of this chapter shall be to ensure compliance by the commission on ((Mexican-American)) Hispanic affairs with the provisions of chapter ((1, Laws of 1973 (Initiative 276, Disclosure -- Campaign finances -- Lobbying -- Records); and in particular, with sections 25 through 32 of that act, dealing with public records)) 42.56 RCW.

[Order 1, 322-12-020, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-030   Definitions.   (1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.

(3) The commission on ((Mexican-American)) Hispanic affairs is an eleven member commission appointed by the governor with the consent of the senate. The commission on ((Mexican-American)) Hispanic affairs shall hereinafter be referred to as the commission. When appropriate, the term commission also refers to the staff and employees of the commission.

[Order 1, 322-12-030, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-040   Description of central and field organization of the commission.   The administrative office of the commission and its staff ((are)) is located at: Commission on ((Mexican-American)) Hispanic Affairs, ((1522 South Cherry)) 210 11th Avenue S.W., Suite 301A, Olympia, Washington 98504-0924.

[Order 1, 322-12-040, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-060   Public records available.   All public records of the commission, as defined in WAC 322-12-030 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by ((section 31, chapter 1, Laws of 1973)) chapter 42.56 RCW and WAC 322-12-110.

[Order 1, 322-12-060, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-070   Public records officer.   The commission's public records shall be in the charge of the public records officer designated by the commission. The person so designated shall be located in the administrative office of the commission. The public records officer shall be responsible for the following: The implementation of the commission's rules and regulations regarding release of public records, coordinating the staff of the commission in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter ((1, Laws of 1973)) 42.56 RCW.

[Order 1, 322-12-070, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-090   Requests for public records.   In accordance with requirements of chapter ((1, Laws of 1973)) 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 may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the commission which shall be available at its administrative office. The form shall be presented to the public records officer or to any member of the commission's staff, if the public records officer is not available, at the administrative office of the commission during customary office hours. The request shall include the following information:

(a) The name of the person requesting the record;

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

(c) The nature of the request;

(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested records as it is described in such current index;

(e) If the requested matter is not identifiable by reference to the commission's current index, an appropriate description of the record requested.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public records requested.

[Order 1, 322-12-090, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-110   Exemptions.   (1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 322-12-090 is exempt under the provisions of ((section 31, chapter 1, Laws of 1973)) chapter 42.56 RCW.

(2) In addition, pursuant to ((section 26, chapter 1, Laws of 1973)) chapter 42.56 RCW, the commission 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 chapter ((1, Laws of 1973)) 42.56 RCW. The public records office will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Order 1, 322-12-110, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-150   Communications.   All communications with the commission including but not limited to the submission of materials pertaining to its operations and/or the administration enforcement of chapter ((1, Laws of 1973, and these rules)) 42.56 RCW; requests for copies of the commission's decisions and other matters, shall be addressed as follows: c/o Public Records Officer, Commission on ((Mexican-American)) Hispanic Affairs, ((1522 South Cherry)) 210 11th Avenue S.W., Suite 301A, Olympia, WA 98504-0924.

[Order 1, 322-12-150, filed 12/9/74.]


AMENDATORY SECTION(Amending Order 1, filed 12/9/74)

WAC 322-12-160   Adoption of form.   The commission on ((Mexican-American)) Hispanic affairs hereby adopts for use by all persons requesting inspection and/or copies of records the form set out below, entitled "Request for public records."


We have received your request for copies of our public records. Please complete the form on the right and return it with the amount required. We will forward the requested copies to you as soon as we receive this form.


Thank you.


Return to:

Commission on ((Mexican-

American)) Hispanic Affairs

((1522 South Cherry)) 210 11th Avenue S.W., Suite 301A

Olympia, WA 98504-0924


Commission on

((Mexican-American)) Hispanic Affairs



REQUEST FOR PUBLIC RECORDS

Date . . . . . . . . . . . . Time . . . . . . . . . . . .
Name . . . . . . . . . . . .
Address . . . . . . . . . . . .
. . . . . . . . . . . .
Description of Records (see index):
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
I certify that the information obtained through this request for public records will not be used for commercial purposes.
. . . . . . . . . . . .
Signature
Number of copies . . . . . . . . . . . .
Number of pages . . . . . . . . . . . .
Per page charge . . . . . . . . . . . .
Total charge $ . . . . . . . . . . . .

[Order 1, 322-12-160 and form, filed 12/9/74.]

Washington State Code Reviser's Office