WSR 08-08-055

PERMANENT RULES

WASHINGTON STATE UNIVERSITY


[ Filed March 27, 2008, 2:35 p.m. , effective April 27, 2008 ]


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

Purpose: This is a housekeeping revision to clarify that the public records officer shall consider any petitions for review of denials of public records and either affirm or reverse same.

Citation of Existing Rules Affected by this Order: Amending WAC 504-45-080.

Statutory Authority for Adoption: RCW 28B.30.150.

Adopted under notice filed as WSR 07-19-121 on September 19, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 21, 2008.

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-1429.1


AMENDATORY SECTION(Amending WSR 07-04-027, filed 1/29/07, effective 3/1/07)

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.]

Washington State Code Reviser's Office