WSR 10-02-089

PERMANENT RULES

ARTS COMMISSION


[ Filed January 6, 2010, 9:13 a.m. , effective February 6, 2010 ]


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

Purpose: To update TITLE 30 WAC to include current address and contact information, statutory references, and legislative requirements. Adopting these changes will make the WAC consistent with RCWs and provide accurate contact information to the public, hereby minimizing confusion.

Citation of Existing Rules Affected by this Order: Amending WAC 30-01-040, 30-01-060, 30-04-010, 30-04-020, 30-04-030, 30-04-040, 30-04-050, 30-04-070, 30-04-120, 30-08-010, 30-08-020 and 30-08-050; and new sections WAC 30-41-010, 30-41-020, 30-41-030, and 30-41-040.

Statutory Authority for Adoption: RCW 43.46.040.

Other Authority: RCW 43.46.081.

Adopted under notice filed as WSR 09-17-072 on August 14, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 16 [12], Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 12, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 30, 2009.

Kris Tucker

Executive Director

OTS-2601.1


AMENDATORY SECTION(Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)

WAC 30-01-040   Description of commission's purpose and goals.   (1) The commission is charged with the conservation and development of the state's artistic resources as described in RCW 43.46.005. It is a citizens' commission consisting of nineteen members appointed by the governor and ((two)) four members of the legislature. It is authorized by RCW 43.46.050 to study, plan, and advise the governor, state departments, and the legislature regarding cultural development. Through the authority granted by RCW 43.46.055, the commission may administer any activity, and assist any person or agency in programs or projects related to the growth and development of the arts and humanities.

(2) Statement of purpose. The commission has adopted as its mission: The arts are essential to the quality of life for all of Washington's citizens. The Washington state arts commission states its dedication to the support of the promotion, growth, development, and preservation of the arts within the state. The commission strives to foster artistic merit and ensure accessibility to all citizens of the state.

(3) Goals. To work toward this mission, the commission will promote throughout the state:

(a) Artistic development, growth, and preservation;

(b) Artistic expressions of the many cultures which contribute to Washington's diversity;

(c) The arts as basic to the education of all citizens;

(d) Access, equity, and local empowerment in all its activities; and

(e) Organizational skills development, stability and continuity, and managerial expertise.

[Statutory Authority: RCW 43.46.040. 95-15-040, 30-01-040, filed 7/12/95, effective 8/12/95; 86-08-072 (Order 1, Resolution No. 86-1), 30-01-040, filed 4/1/86.]


AMENDATORY SECTION(Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)

WAC 30-01-060   Office ((location and hours -- Correspondence to staff)) hours and contact information.   (((1) The official administrative location of the commission and its staff is at the Washington State Arts Commission, 234 E. 8th Avenue, Olympia, Washington, 98504-2675 (360) 753-3860. The commission office shall be open each day for the transaction of business from 8:00 a.m. to 5:00 p.m. (Saturdays, Sundays, and legal holidays excepted, and except for business relating to public records, which is governed by WAC 30-04-040).

(2) Address for written communications. All written communications with the commission shall be addressed as follows: Washington State Arts Commission, 234 E. 8th Avenue, P.O. Box 42675, Olympia, Washington, 98504-2675.)) The Washington state arts commission is open from 8:00 a.m. to 5:00 p.m. Monday through Friday except weeks that include state legal holidays. Written correspondence should be addressed to P.O. Box 42675, Olympia, WA 98504-2675. Additional information is available on the commission's web site at www.arts.wa.gov. For business hours and contact information related to public records see WAC 30-04-040.

[Statutory Authority: RCW 43.46.040. 95-15-040, 30-01-060, filed 7/12/95, effective 8/12/95; 86-08-072 (Order 1, Resolution No. 86-1), 30-01-060, filed 4/1/86.]

OTS-2602.1


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-04-010   Purpose.   The purpose of this chapter is to ensure compliance by the Washington state arts commission with the provisions of RCW ((42.17.250 through 42.17.320)) 42.56.040 through 42.56.520 dealing with public records.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-04-010, filed 4/1/86.]


AMENDATORY SECTION(Amending WSR 98-24-073, filed 11/30/98, effective 12/31/98)

WAC 30-04-020   Public records available.   All public records of the commission as defined in WAC 30-02-010(34), are available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310)) 42.56.210 and WAC 30-04-070.

[Statutory Authority: RCW 43.46.040. 98-24-073, 30-04-020, filed 11/30/98, effective 12/31/98; 86-08-072 (Order 1, Resolution No. 86-1), 30-04-020, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-04-030   Public records officer.   The commission's public records shall be in the charge of the public records officer designated by the executive director. The person so designated shall be located in the office. The public records officer shall be responsible for the following: The implementation of commission policy in regard to the release of public records, coordinating the staff of the office in this regard, and generally insuring staff compliance with the public disclosure requirements of chapter ((42.17)) 42.56 RCW.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-04-030, filed 4/1/86.]


AMENDATORY SECTION(Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)

WAC 30-04-040   Inspection and copying.   Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday((, (excluding Saturdays, Sundays, and)) except weeks that include state legal holidays(())). All public records of the commission are located at the Washington State Arts Commission, ((234 E. 8th Avenue)) 711 Capitol Way S., Suite 600, Olympia, ((Washington)) WA 98504.

[Statutory Authority: RCW 43.46.040. 95-15-040, 30-04-040, filed 7/12/95, effective 8/12/95; 86-08-072 (Order 1, Resolution No. 86-1), 30-04-040, filed 4/1/86.]


AMENDATORY SECTION(Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)

WAC 30-04-050   Requests for public records.   In accordance with the requirements of chapter ((42.17)) 42.56 RCW, that agencies prevent unreasonable invasion 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 procedure:

(1) A request shall be made in writing upon a form prescribed by the commission which shall be available at the location ((indicated above)) listed in WAC 30-04-040. The form shall be presented to the public records officer, or to another designated member of the staff if the public records officer is not available. 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 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 the current index, an appropriate description of the record requested.

(2) The public records officer, or staff person assisting the member of the public making the request, will ascertain whether or not the information requested is exempt from public inspection and copying as outlined in WAC 30-04-070 and further defined in RCW ((42.17.310)) 42.56.210. Included therein, but not limited to, are such exemptions as personal information that may violate the rights of privacy of the individual, national defense information, certain aspects of real estate appraisals as outlined in RCW ((42.17.310 (1)(g))) 42.56.260, and other particular information.

(3) Only after a determination has been made that all or such portion of a public record as is not deleted may be inspected shall such public record or portion thereof be made available for inspection by a member of the public.

(4) In all cases, it shall be the obligation of the public records officer, or staffperson to whom the request is made, to:

(a) Locate the specific document(s) requested by the member of the public in the most timely manner possible;

(b) Assist the member of the public in appropriately identifying the public record requested;

(c) Protect and otherwise prevent damage to the public record being inspected and copied;

(d) Prevent disorganization of file folders or document containers;

(e) Remain in the company of the member of the public at all times during which a public document is being inspected, and provide the fullest assistance possible;

(f) Prevent excessive interference with the other essential functions of the agency.

(5) Only the staff and members of the commission may open files to gain access to commission records.

(6) No public record of the commission may be taken from the premises of the commission by a member of the public.

(7) Public inspection of commission records shall be done only in such locations as are approved by the public records officer, which locations must provide an opportunity for staff to ensure that no public record of the commission is damaged, destroyed, unreasonably disorganized or removed from its proper location or order by a member of the public.

(8) Public records of the commission may be copied only on the copying machine of the commission unless other arrangements are authorized by the public records officer.

[Statutory Authority: RCW 43.46.040. 95-15-040, 30-04-050, filed 7/12/95, effective 8/12/95; 86-08-072 (Order 1, Resolution No. 86-1), 30-04-050, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-04-070   Exemptions.   (1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 30-04-050 is exempt under the provisions of RCW ((42.17.310)) 42.56.210.

(2) The commission reserves the right to allow the public to only inspect certain public records where there is reason to believe that the ability to copy such records would be a violation of contractual copyright agreements.

(3) In addition, pursuant to RCW ((42.17.260)) 42.56.070, the commission reserves the right to delete identifying details when it makes available or publishes any public record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter ((42.17)) 42.56 RCW. The public records officer will justify such deletion in writing.

(4) All denials of requests for public records must be accompanied by a written statement specifying the reason 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 withheld.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-04-070, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-04-120   Records index.   The commission shall provide a current records index based on those records available in the commission office and outlined on the commission's schedule for archival of official agency records. Those records which are considered exempt for the purposes of WAC 30-04-070 and RCW ((42.17.310)) 42.56.210 shall be so noted on the index.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-04-120, filed 4/1/86.]

OTS-2603.1


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-08-010   Purpose.   The purpose of this chapter is to ensure compliance by the Washington state arts commission with the provisions of chapters ((42.17)) 42.56 and 42.30 RCW, in particular those sections which deal with procedures and meetings.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-08-010, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-08-020   Uniform procedure rules.   Practice and procedure in and before the commission are governed by the uniform procedural rules codified in the Washington Administrative Code, WAC ((1-08-005 through 1-08-590 [WAC 10-08-001 through 10-08-252])) 10-08-001 through 10-08-252, as now or hereafter amended, which rules the commission adopts as its own, subject to any additional rules the commission may choose to adopt. The commission reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the commission, said determination to be in accordance with the spirit and intent of the law.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-08-020, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 1, Resolution No. 86-1, filed 4/1/86)

WAC 30-08-050   Commission meeting materials.   The commission and its staff will make every effort to make commission meeting materials available for viewing by the public at the time of the meeting, pursuant to WAC 30-04-010 through 30-04-120, except as otherwise provided by RCW ((42.17.310)) 42.56.210. Due to the unpredictability of attendance at meetings, extra copies of meeting materials will be distributed until depleted. Requests can be made to the staff to provide copies by mail.

[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), 30-08-050, filed 4/1/86.]

OTS-2585.1

Chapter 30-41 WAC

POET LAUREATE PROGRAM


NEW SECTION
WAC 30-41-010   Purpose.   The Washington state arts commission is authorized by RCW 43.46.081 to establish and administer the poet laureate program. The poet laureate shall engage in activities to promote and encourage poetry within the state, including, but not limited to, readings, workshops, lectures, or presentations for Washington educational institutions and communities in geographically diverse areas over a two-year term.

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NEW SECTION
WAC 30-41-020   Procedures.   (1) Selection of a poet laureate shall be made by a committee appointed and coordinated by the commission. The committee may include representatives of the Washington state library, the education community, the Washington commission for the humanities, publishing, and the community of Washington poets.

(2) The commission and the committee shall establish criteria to be used for the selection of a poet laureate. In addition to other criteria established, the poet laureate must be a published poet, a resident of Washington state, active in the poetry community, and willing and able to promote poetry in the state of Washington throughout the two-year term.

(3) The recommendation of the poet laureate selection committee shall be forwarded to the commission, which shall appoint the poet laureate with the approval of the governor.

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NEW SECTION
WAC 30-41-030   Compensation.   The poet laureate shall receive compensation at a level determined by the commission. Travel expenses shall be provided in accordance with RCW 43.03.050 and 43.03.060.

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NEW SECTION
WAC 30-41-040   Term limits.   The poet laureate may not serve more than two consecutive two-year terms.

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Washington State Code Reviser's Office