WSR 10-15-013

EXPEDITED RULES

GROWTH MANAGEMENT

HEARINGS BOARD

[ Filed July 8, 2010, 10:56 a.m. ]

Title of Rule and Other Identifying Information: Chapter 242-04 WAC, Public records.

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 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 20, 2010.


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 10-11-028. These amended sections reflect the consolidation of the three growth management hearings boards into a single, statewide growth management hearings board, a regional panel structure, and the creation of the position of administrative officer. Amendments are related to internal operations of the board.

1. Amend sections of chapter 242-04 WAC to reflect a single growth management hearings board, including number of members.

2. Amended sections reflect establishment of regional panel structure and the creation of the position of administrative officer.

3. Amended sections reflect meeting schedules.

Reasons Supporting Proposal: These amendments implement the requirements of SHB [SSB] 6214, enacted by the legislature in the 2010 legislative session, becoming effective on July 1, 2010. With this legislation, the structure of the growth management hearings board was changed in several regards: (1) Consolidation of three boards into a single entity, (2) regional panel structure to hear and decide cases, (3) creation of an administrative officer. Part of this reconfiguration is based on budgetary concerns and related to SHB 2935. Amendments are needed to update procedures related to the board's public records, including addressing the position of administrative officer and meeting schedules of the growth management hearings board. (Exempt from CR-101 requirement based on RCW 34.05.310 (4)(b), (e); filed under CR-105 based on RCW 34.05.353 (1)(a) and (d).)

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, governmental.

Name of Agency Personnel Responsible for Julie Ainsworth-Taylor, P.O. Box 40953, Olympia, WA 98504-0953, (425) 441-8250.

July 8, 2010

James J. McNamara

Chair, Rules Committee

OTS-3177.2


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-010   Purpose.   The purpose of this chapter is to ensure compliance by ((each individual board, the joint boards, and the office of)) the growth management hearings board((s)) 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(7). 09-21-040, 242-04-010, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-010, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-020   Definitions.   (1) "Board" means the ((Eastern Washington, Western Washington, or Central Puget Sound)) growth management hearings board((. Each is)), a quasi-judicial body created pursuant to chapter 36.70A RCW. Where appropriate the term board also refers to the staff and employees of ((each)) the board.

(2) (("Joint boards" means the three independent boards meeting or acting jointly.)) "Administrative officer" means the board member elected pursuant to RCW 36.70A.270(10).

(3) "Office of the growth management hearings board((s))" means the administrative office of the ((three)) growth management hearings board((s)) 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.

(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(7). 09-21-040, 242-04-020, filed 10/13/09, effective 11/13/09. 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.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-030   Description of organization and public meetings.   (1) ((Each)) The board is an independent agency of the state of Washington, composed of ((three)) seven members appointed by the governor. ((Each)) The board ((elects an administrative chairperson from its members at least annually.

(2) The administrative chairpersons constitute the administrative committee of the joint boards.

(3) Regular meetings of each board will be held at 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))) shall annually elect one of its members to be the board administrative officer. The duties and responsibilities of the administrative officer include handling day-to-day administrative, budget, and personnel matters on behalf of the board, together with making case assignments to board members in accordance with the board's rules of procedure in order to achieve a fair and balanced workload among all board members. The administrative officer of the board may carry a reduced caseload to allow time for performing the administrative work functions.

(2) Regular meetings of the board will be held at the office, telephonically if desired, of the growth management hearings board, or a designated location on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date.

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

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

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-030, filed 10/13/09, effective 11/13/09; 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.]


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

WAC 242-04-040   Public records available.   All public records of ((each board and of)) the ((joint)) board((s)) are available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 and other laws.

[Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-040, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-050   Communications with ((each)) the board ((or the joint boards)).   (1) All communications with ((a)) the board, including but not limited to the submission of materials pertaining to its operations and/or administration or enforcement of chapter 42.17 RCW and these rules, requests for copies of ((each)) the board(('s)) decisions and other matters, by including identification of the appropriate regional panel, shall be addressed to the ((appropriate)) board as follows:


((The)) Office of the Growth Management Hearings Board((s

(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@wwgmhb.wa.gov

central@cps.gmhb.wa.gov

web site: ((www.gmhba.wa.gov)) www.gmhb.wa.gov


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

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-050, filed 10/13/09, effective 11/13/09; 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.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-060   Public records officer.   (1) The administrative ((chairperson responsible for management of the office of the growth management hearings boards)) officer, or his/her designee, shall be in charge of the public records for ((all three boards and for the joint)) board((s)).

(2) Such person 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(7). 09-21-040, 242-04-060, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-060, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-070   Office hours.   Public records shall be available for inspection and copying during the customary office hours of the ((office of the)) growth management hearings board((s)). For the purposes of this chapter, the customary office hours shall be from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-070, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-070, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-080   Requests for public records.   In accordance with the provisions of chapter 42.17 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 ((joint)) board((s)) which shall be available at the office of the growth management hearings board((s)). A completed form shall be presented to the public records officer or to any staff member at the office of the growth management hearings board((s)) 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(7). 09-21-040, 242-04-080, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-080, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-090   Responses to requests for public records.   Within five business days of receiving a public record request, the public records officer must respond by either:

(1) Providing the record;

(2) Acknowledging that the public records officer has received the request for ((an individual)) the board ((or the joint boards)) and providing a reasonable estimate of the time that the 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, 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 public records officer need not respond to it; or

(3) Denying the public record request.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-090, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-090, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-100   Copying.   No fee shall be charged for the inspection of public records. The public records officer, on behalf of ((either an individual)) the board ((or the joint boards)), shall charge a reasonable fee for providing copies of public records and for use of the office of the growth management hearings ((boards')) board's photocopy equipment. The public records officer may charge a reasonable fee for electronic facsimile transmissions (fax). The charge is the amount necessary to reimburse the office of the growth management hearings board((s)) for its actual costs incident to such copying or transmission.

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-100, filed 10/13/09, effective 11/13/09; 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.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-110   Exemptions.   (1) The public records officer, on behalf of ((each individual)) the board ((or the joint boards)), reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 242-04-080 is exempt under the provisions of RCW 42.17.310 including but not limited to the following:

(a) Personal information in files maintained for members and employees of ((an individual)) the board, ((the joint boards,)) or the office of the growth management hearings board((s)), 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, the public records officer reserves the right to delete identifying details when 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. 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(7). 09-21-040, 242-04-110, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-110, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-130   Protection of public records.   In order to protect the public records in the custody of ((each individual)) the board, ((the joint boards,)) or the office of the growth management hearings boards, the following guidelines shall be followed by any person inspecting such public records:

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

(2) Inspection of any public record shall be conducted in the presence of 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 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(7). 09-21-040, 242-04-130, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-130, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-140   Records index.   (1) Index. The public records officer has available to all persons a current index which provides identifying information as to records which have been issued, adopted, or promulgated since May 15, 1992, as follows:

(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 ((an individual)) the 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 ((an individual)) a board, ((the joint boards,)) or the office of the growth management hearings boards relating to any regulations, supervisory or enforcement responsibilities of the growth management hearings board((s)), where ((an individual)) the 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 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(7). 09-21-040, 242-04-140, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, 242-04-140, filed 10/15/92, effective 10/15/92.]


AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09, effective 11/13/09)

WAC 242-04-150   Adoption of form.   ((Each individual)) The board ((and the joint boards)) adopts the use by all persons requesting inspection and/or copies of records the form set out below, entitled "Request for inspecting and/or copying public records."


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.

Return to:


PUBLIC RECORDS OFFICER

OFFICE OF THE GROWTH MANAGEMENT HEARINGS BOARD((S (INSERT APPROPRIATE BOARD'S NAME)))

REGIONAL PANEL:

REQUEST FOR INSPECTING AND/OR COPYING PUBLIC RECORDS

Date:

Name:

Address:

Day Phone Number:

Description of Record(s) Requested, including case number and document identification and date, if known:

I certify that the information obtained through this request for public records will be used in compliance with chapter 42.17 RCW.
Signature

Number of Copies

Number of Pages

Per Page Cost

Total Charge

$

$

[Statutory Authority: RCW 36.70A.270(7). 09-21-040, 242-04-150, filed 10/13/09, effective 11/13/09. 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.]

Washington State Code Reviser's Office