Effective Date of Rule: July 1, 2009, 12:01 a.m.

     Purpose: Amend sections of the boards' rules regarding public records to reflect the consolidation of the administrative functions of the three boards into a single office. Amendments are needed to streamline procedures, provide accurate information to members of the public, and facilitate requests for access to the boards' public records documents.

     Citation of Existing Rules Affected by this Order: Amending chapter 242-04 WAC (all sections except WAC 242-02-040).

     Statutory Authority for Adoption: RCW 36.70A.270(7).

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The legislature's biennium appropriation reflects an approximate 16% reduction in the boards' budgets, with budget notes specifically contemplating the consolidation of the boards' current three offices into a single location. In order to address these budget appropriations, a consolidation is needed to realize savings through efficiency and staff reductions. The boards' rules relating to public records must be amended to reflect this consolidation and create needed efficiency along with clarification to members of the public seeking access to these records.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 14, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 14, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 27, 2009.

James J. McNamara, Chair

Rules Committee

OTS-2441.1

AMENDATORY SECTION(Amending WSR 92-21-034, filed 10/15/92, effective 10/15/92)

WAC 242-04-010   Purpose.   The purpose of this chapter is to ensure compliance by each individual board ((and)), the joint boards, and the office of the growth management hearings boards with the provisions of chapter 42.17 RCW, and in particular with RCW 42.17.250 through 42.17.340, dealing with public records.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-010, filed 10/15/92, effective 10/15/92.]

     (2) "Joint boards" means the three independent boards meeting or acting jointly.

     (3) "Office of the growth management hearings boards" means the administrative office of the three growth management hearings boards established in RCW 36.70A.250.

     (4) "Public record" means 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.

     (((4))) (5) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

[Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-020, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-020, filed 10/15/92, effective 10/15/92.]

     (2) The administrative chairpersons constitute the administrative committee of the joint boards. ((The administrative committee elects an administrative chairperson from its members at least annually.))

     (3) Regular meetings of each board will be held at ((its principal)) the office of the growth management hearings boards or other designated location at the following times:

     (a) Eastern Washington board - on the first Wednesday of each month at 10:00 a.m.

     (b) Western Washington board - on the second Wednesday of each month at 11:00 a.m.

     (c) Central Puget Sound board - on the first Monday of each month at 10:00 a.m.

     (4) The joint boards, comprised of the members of the three individual boards, shall meet at least annually at a time and location to be announced.

     (5) The office of the growth management hearings boards provides for the administrative operations of the three individual boards and the joint boards.

[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-04-030, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-04-030, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-030, filed 10/15/92, effective 10/15/92.]

     (((a)     Eastern Washington Growth

          Management Hearings Board

          15 West Yakima Avenue, Suite 102

          Yakima, Washington 98902

          509-574-6960

          509-574-6964 fax

          e-mail: AAndreas@EW.GMHB.WA.GOV

          web site: www.gmhb.wa.gov/eastern

     (b)     Western Washington Growth

          Management Hearings Board

          319 - 7th Avenue S.E. (as of June 2008)

          Olympia, WA 98501

          P.O. Box 40953

          Olympia, Washington 98504-0953

          (360) 664-8966

          (360) 664-8975 fax

          e-mail: western@ww.gmhb.wa.gov

          web site: www.gmhb.wa.gov/western

     (c)     Central Puget Sound Growth

          Management Hearings Board

          800 Fifth Avenue, Suite 2356

          Seattle, Washington 98104

          (206) 389-2625

          (206) 389-2588 fax

          e-mail: central@cps.gmhb.wa.gov

          web site: www.gmhb.wa.gov/central)) The Office of the Growth Management Hearings Boards

     (Insert name of appropriate board)

     319 - 7th Avenue S.E.

     Olympia, WA 98501

     P.O. Box 40953

     Olympia, WA 98504-0953

     360-586-0260

     360-664-6975 fax

     e-mail: eastern@ew.gmhb.wa.gov

     western@ww.gmhb.wa.gov

     central@cps.gmhb.wa.gov

     web site: www.gmhba.wa.gov

     (2) All communications with the joint boards shall be addressed ((in care of the Western Washington board)) as noted in subsection (1) of this section.

[Statutory Authority: RCW 36.70A.270(7). 08-10-030, § 242-04-050, filed 4/28/08, effective 5/29/08; 03-15-047, § 242-04-050, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-04-050, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-04-050, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-04-050, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-050, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-04-050, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-04-050, filed 10/15/92, effective 10/15/92.]

     (2) ((The administrative chairperson of the joint boards, or designee, shall be in charge of the public records for the joint boards.

     (3))) Such person((s)) shall be responsible for implementation of these rules and regulations regarding release of public records, and generally assuring compliance with the public records disclosure requirements of chapter 42.17 RCW, and in particular RCW 42.17.250 through 42.17.340.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-060, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-070, filed 10/15/92, effective 10/15/92.]

     (1) A request shall be made in writing upon a form prescribed by ((a board or)) the joint boards which shall be available at ((its)) the office of the growth management hearings boards. A completed form shall be presented to ((that board)) the public records officer or to any staff member ((of the board's staff)) at the office of the growth management hearings boards during customary office hours. The request shall include the following information:

     (a) The name and address of the person requesting the record and the organization represented, if any;

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

     (c) A description of the material requested;

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

     (e) If the requested matter is not identifiable by reference to a current index, an appropriate identification 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 ((board)) public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-080, filed 10/15/92, effective 10/15/92.]

     (1) Providing the record;

     (2) Acknowledging that the ((board)) public records officer has received the request for an individual board or the joint boards and providing a reasonable estimate of the time that the ((board)) public records officer will require to respond to the request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, ((a board)) the public records officer may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the ((board)) public records officer need not respond to it; or

     (3) Denying the public record request.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-090, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(7). 98-01-144, § 242-04-100, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-100, filed 10/15/92, effective 10/15/92.]

     (a) Personal information in files maintained for members and employees of ((a)) an individual board, the joint boards, or the office of the growth management hearings boards, to the extent that disclosure would violate their right to privacy;

     (b) Preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;

     (c) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;

     (d) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

     (2) Pursuant to RCW 42.17.260, ((each board)) the public records officer reserves the right to delete identifying details when ((it)) he/she makes available or publishes any public records, in all cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. ((Each board)) The public records officer will fully justify such deletion in writing.

     (3) All public records otherwise exempt by law shall be considered exempt under the provision of these rules.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-110, filed 10/15/92, effective 10/15/92.]

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-120, filed 10/15/92, effective 10/15/92.]

     (1) No public records shall be removed from the office;

     (2) Inspection of any public record shall be conducted in the presence of ((a board member)) the public records officer or his/her designee;

     (3) No public record may be marked or defaced in any manner during inspection;

     (4) Public records which are maintained in the file jacket, or in chronological order, may not be dismantled except for purpose of copying, and then only by ((a board member)) the public records officer or his/her designee;

     (5) Access to file cabinets, shelves, vaults, and other storage locations is restricted to the public records officer, board members, and staff.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-130, filed 10/15/92, effective 10/15/92.]

     (a) Final orders, including concurring and dissenting opinions, made in the adjudication of cases;

     (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by ((a)) an individual board and/or the joint boards;

     (c) Administrative staff manuals and instructions to staff that affect a member of the public;

     (d) Individual board and joint board planning policies and goals, and interim and final planning decisions;

     (e) Factual staff reports and studies, a consultant's factual reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

     (f) Correspondence, and materials referred to therein, by and with ((a)) an individual board, the joint boards, or the office of the growth management hearings boards relating to any regulations, supervisory or enforcement responsibilities of ((a)) the growth management hearings boards, where ((a)) an individual board determines or is asked to determine the rights of the state, the public, a subdivision of state government, or of any private party.

     (2) Availability. The current index promulgated by ((each board and the joint boards)) the public records officer shall be available for inspection by all persons under the same rules and on the same conditions as are applied to public records available for inspection.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-140, filed 10/15/92, effective 10/15/92.]

     We have received your request for inspection of and/or copies of our public records. Please complete this form and return it with the amount required, if applicable. We will forward the requested copies to you as soon as we receive this completed form with payment.

[Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-150, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-150, filed 10/15/92, effective 10/15/92.]

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