Title of Rule and Other Identifying Information: Chapter 242-04 WAC, Public records (all sections).
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 Julie Ainsworth-Taylor, Rules Coordinator, Office of the Growth Management Hearings Boards, P.O. Box 40953, Olympia, WA 98504-0953, e-mail Juliet@cps.gmhb.wa.gov , AND RECEIVED BY no later than 5 p.m. on September 30, 2009.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of these amendments is to permanently amend certain sections of chapter 242-04 WAC which relate to an emergency rule-making order published in WSR 09-13-019. These amended sections reflect the consolidation of the administrative functions of the three growth management hearings boards into a single office and are for the rules pertaining to public records. Amendments are needed to provide accurate contact information and clarity as to procedures given the administrative consolidation.
(1) Update mailing and physical addresses for the office of the growth management hearings boards.
(2) Update web site contact information for all three boards.
(3) Update e-mail contact information for the Eastern board.
(4) Add a definition for the term, office of the growth management hearings boards.
(5) Consistency of terminology for public records officer and clarity as to responsibility of this position.
Reasons Supporting Proposal: These amendments implement the requirements or reductions in appropriations enacted with the recently adopted budget for upcoming fiscal year. The legislature's biennium appropriate [appropriation] reflects an approximate 16% reduction in the boards' budget, with budget notes specifically contemplating the consolidation of the boards into a single location. The boards' rules related to public records must be amended to reflect this consolidation and create needed efficiency along with clarification for the public. (Exempt from CR-101 requirement based on RCW 34.05.310 (4)(b), (d); permitted to be filed under CR-105 based on RCW 34.05.353(c)).
Statutory Authority for Adoption: RCW 36.70.270(7).
Statute Being Implemented: Chapter 36.70A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Growth management hearings board (Eastern, Western, and Central Puget Sound), governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Ainsworth-Taylor, P.O. Box 40953, Olympia, WA 98504-0953, (425) 441-8250.
July 21, 2009
James J. McNamara
Chair, Rules Committee
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 ((
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
[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. ((
administrative committee elects an administrative chairperson
from its members at least annually.))
(3) Regular meetings of each board will be held at ((
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
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) 664-8975 fax
web site: www.gmhb.wa.gov/western
(c) Central Puget Sound Growth
Management Hearings Board
800 Fifth Avenue, Suite 2356
Seattle, Washington 98104
(206) 389-2588 fax
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
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.]
The administrative chairperson of the joint boards,
or designee, shall be in charge of the public records for the
(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 ((
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 ((
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
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.]