PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The University of Washington amends chapter 478-276 WAC, Governing access to public records, to provide a more comprehensive guide to current office practices, to address access to electronic records, and to change its business hours, per RCW 42.56.090.
Citation of Existing Rules Affected by this Order: Repealing WAC 478-276-070; and amending WAC 478-276-010, 478-276-020, 478-276-050, 478-276-060, 478-276-080, 478-276-090, 478-276-100, 478-276-105, 478-276-110, 478-276-120, and 478-276-140.
Statutory Authority for Adoption: RCW 28B.20.130 and chapter 42.56 RCW.
Adopted under notice filed as WSR 13-01-035 on December 11, 2012.
Changes Other than Editing from Proposed to Adopted Version: In WAC 478-276-085(3), 478-276-095(7), and 478-276-105 (2)(a) the requestor is now given "ten" business days to respond to the public records office, rather than the previous "five" business days.
Also, the following sentence was added to WAC 478-276-085(6) at the end of the section: "Because the university maintains electronic records in a very wide variety of formats, the viability of providing this service is evaluated on a case-by-case basis."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 11, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 11, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 14, 2013.
Rebecca Goodwin Deardorff
Director of Rules Coordination
OTS-5043.3
AMENDATORY SECTION(Amending WSR 06-17-131, filed 8/22/06,
effective 9/22/06)
WAC 478-276-010
Purpose.
This chapter is enacted by the
board of regents of the University of Washington in compliance
with the ((provisions of chapter 42.56 RCW, "))Public Records
Act. The university adopts these rules and regulations so as
to provide fullest assistance to inquirers and full public
access to the university's public records while protecting
those records from damage or disorganization; preventing
excessive interference with other essential university
functions, including the university's core education and
research missions; and not unreasonably disrupting university
operations.(("))
[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-010, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-010, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-010, filed 10/2/81; Order 73-5, § 478-276-010, filed 5/29/73.]
(2) (("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 picture, 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)) "Public Records
Act" means chapter 42.56 RCW.
(3) "Public records office" means the university's office of public records and open public meetings.
(4) "University" means the state university established under chapter 28B.20 RCW and designated the University of Washington.
[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-020, filed 5/23/01, effective 6/23/01; Order 73-5, § 478-276-020, filed 5/29/73.]
[Order 73-5, § 478-276-050, filed 5/29/73.]
University of Washington
Public Records and Open Public Meetings Office
4311 11th Ave. N.E.
Suite 360
Seattle, WA 98105
(for internal campus mail use: Box 354997).)) The
university's public records officer is the director of the
public records office. The contact information for the public
records officer is set forth under WAC 478-276-140.
[Statutory Authority: RCW 28B.20.130. 07-03-069, § 478-276-060, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-060, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, § 478-276-060, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-060, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-060, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-060, filed 10/2/81; Order 73-5, § 478-276-060, filed 5/29/73.]
(1) The requestor's name ((and)), e-mail address ((of the
person requesting the records)) or street address, and
telephone number; and
(2) ((The date on which the request was made; and
(3) The public record(s) requested.)) A request for identifiable public records.
An identifiable public record is one for which the requestor has given a reasonable description enabling the university to locate the requested record.
[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-080, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-080, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-080, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-080, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-080, filed 10/2/81; Order 73-5, § 478-276-080, filed 5/29/73.]
(a) Providing the records;
(b) Providing an internet address and link to the records on a university web site;
(c) Acknowledging that the request has been received and providing a reasonable estimate of the time required to respond to the request; or
(d) Denying the request.
(2) Additional time. Additional time for the office to respond to a request may be based upon the need to:
(a) Clarify the request;
(b) Locate, assemble, and review the records requested;
(c) Notify third persons or agencies affected by the request; or
(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
(3) Request for clarification. If a public records request is unclear, the public records office may ask the requestor to clarify the request. If the requestor does not respond to a request for clarification or otherwise fails to clarify the records request within ten business days, the university need not respond to it, and the university may consider the request abandoned and close it in accordance with WAC 478-276-105.
(4) Priority of requests. The public records office will handle requests in the order in which they are received; provided, however, that the public records office will modify this approach as, and to the extent it deems necessary, to ensure that requests which seek larger volumes of records, require closer review, or are otherwise more complicated or time consuming, do not unreasonably delay simpler, more routine requests.
(5) Installments. When it appears that the number of records responsive to a request may be large, that the process of locating, assembling, or reviewing the records may be lengthy, or that it is otherwise appropriate, the public records office may choose to provide records on a partial or installment basis. For the purposes of WAC 478-276-090 through 478-276-105, and unless otherwise provided under these rules, each installment of records shall be treated as a separate public records request.
(6) Customized electronic access. Where the public records office deems it appropriate, the university may choose to provide customized electronic access to public records; provided, however, that any requestor seeking such customized electronic access must pay, in advance, for university staff time and any other direct costs related to providing such customized electronic access. Because the university maintains electronic records in a very wide variety of formats, the viability of providing this service is evaluated on a case-by-case basis.
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(2) Statement of copying, mailing, or other costs. The notice of availability will state any costs for obtaining a copy of the records, the costs for having a copy mailed to the requestor, and any other allowable costs under WAC 478-276-100 or the Public Records Act.
(3) Response to notice of availability. Upon receipt of a notice of availability, the requestor may inspect the records by either:
(a) Scheduling a viewing appointment with the public records office as provided under WAC 478-276-095;
(b) Requesting that a copy of the requested records be held for pickup at the public records office subject to payment of any copying or other charges as set forth under WAC 478-276-100; or
(c) Requesting that a copy of the requested records be sent to the requestor (subject to payment of any copying or other charges as set forth under WAC 478-276-100).
(4) Failure to respond to notice of availability. If, within ten business days of issuance of a notice of availability, the requestor fails to claim the records (or any installment thereof) by either scheduling a viewing appointment or requesting copies and making any required payment, the public records office may consider the request closed. In such case, the public records office may cease locating, assembling, reviewing, or otherwise processing any remaining records, and it may dispose of any records made available as provided under WAC 478-276-105.
[Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-090, filed 10/2/81; Order 73-5, § 478-276-090, filed 5/29/73.]
(2) By appointment only. In-office inspections are by appointment only during regular office hours: Monday through Friday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., excluding university holidays, university closures, and such other closures as may be posted on the public records office's web site.
(3) Scheduling appointments. In-office inspections must be scheduled in advance by contacting the public records office (see WAC 478-276-140).
(4) Protection of public records. Access to records during viewing appointments shall be restricted to the viewing area designated by the public records office. No document shall be physically removed by a member of the public from the viewing area for any reason whatsoever; nor shall any member of the public who is viewing documents disassemble, deface, or cause the disorganization of any record for any reason whatsoever. A public records office staff member may observe any inspection to ensure that records are not disorganized, defaced, or otherwise harmed.
(5) Identification of records reviewed. At the end of each viewing appointment, the requestor will identify to the public records office staff those records reviewed during the appointment. If any records remain to be reviewed, another viewing appointment must be scheduled at that time. Reviewed records, or remaining records for which no further viewing appointment has been scheduled, are subject to disposition as provided under WAC 478-276-105.
(6) Obtaining copies at viewing appointments. At the end of each viewing appointment, the requestor shall identify to the public records office staff any records he or she would like copied. The public records office staff will arrange to provide such copies in as timely a manner as possible in view of all circumstances, including the volume of copies requested, any pending copying requests, time of day, staff resources, and any other relevant considerations. Records identified for copying during viewing appointments are subject to prepayment of any copying or other costs in accordance with WAC 478-276-100. Requestors may not make their own copies of public records during viewing appointments.
(7) Failure to attend a scheduled viewing appointment. A requestor who fails to attend a scheduled viewing appointment must call the public records office within ten business days to reschedule the missed appointment. Unless otherwise permitted by the public records office, a viewing appointment may not be rescheduled more than two times. If a requestor fails to reschedule a missed viewing appointment within ten business days or has already rescheduled the appointment two times, the public records office may consider the request closed and may dispose of any records or copies made available in accordance with WAC 478-276-105.
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(2) No fee shall be charged for the inspection of public records. The university imposes a charge for providing copies of public records whether the copies are on paper or on other media such as, but not limited to, CDs, diskettes, audio or videotape; the university also charges for packaging, postage, and other charges as allowed by statute. Such charges shall not exceed the amount necessary to reimburse the university for actual costs as allowed by law.
(3) No person shall be provided a copy of a public record which has been copied by the university at the request of such person until and unless such person has tendered payment for the charge for providing such copying.)) (1) Copying facilities available. Facilities shall be made available to requestors for the copying of public records as set forth under WAC 478-276-095, except when and to the extent that this would unreasonably disrupt the operations of the public records office.
(2) Copying costs. The university may charge for providing copies of public records. Charges are posted on the office's web site.
(3) Other costs. The university may charge for nonpaper media (for example, without limitation, compact disks (CDs), digital versatile disks (DVDs), audiotape, or videotape) used to provide copies, packaging, postage, or other charges as allowed by law. Such charges shall not exceed the amount necessary to reimburse the university for actual costs.
(4) Deposits. The university may require a ten percent deposit on copying or other charges. Any required deposit must be paid before the request is processed.
(5) Prepayment. The public records office shall not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth above. If payment is not received by the public records office within fifteen business days of issuance of the university's notice of availability, the university may consider the request closed, and any records or copies responsive to such request shall be subject to disposition as provided under WAC 478-276-105.
[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-100, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-100, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-100, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-100, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-100, filed 10/2/81; Order 73-5, § 478-276-100, filed 5/29/73.]
(2) Other closing events. A request may also be deemed closed:
(a) If a requestor does not respond to a request for clarification or otherwise fails to clarify within ten business days;
(b) If the requestor fails to make a required deposit or payment for requested copies as provided under WAC 478-276-100;
(c) If the requestor fails to respond to a notice of availability as provided under WAC 478-276-090;
(d) If all records identified in any notice of availability (including a notice with respect to an installment of records) have not been inspected, paid for, or picked up within fifteen business days of issuance of such notice of availability; or
(e) As otherwise provided under these rules or by law.
(3) Disposition of records upon closing. Upon the closing of a request, originals of any records assembled in response to the request shall be refiled, and any copies of records may be destroyed.
[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-276-105, filed 6/19/97, effective 7/20/97.]
(2) ((In addition, pursuant to chapter 42.56 RCW, the
University of Washington reserves the right to delete
identifying details when it makes available or publishes any
public record in any cases when there is reason to believe
that disclosure of such details would be an invasion of
personal privacy protected by RCW 42.56.050.)) Commercial
purposes. The Public Records Act prohibits the university
from disclosing lists of individuals requested for commercial
purposes.
(3) ((Responses by the University of Washington refusing,
in whole or in part, inspection of any record)) Identification
of exemptions. Public records office responses denying
inspection of any record, in whole or in part, shall include a
statement of the specific exemption(s) authorizing the
withholding of the record (or ((part)) portion thereof) and a
brief explanation of how the exemption applies to the record
or information withheld.
(4) Enjoining inspection. Pursuant to ((RCW 42.56.540))
the Public Records Act, the university ((of Washington))
reserves the right to seek to enjoin the ((examination))
inspection of any specific record((, the examination of
which)) if the university determines that inspection would
clearly not be in the public interest and would substantially
and irreparably damage any person or would substantially and
irreparably damage vital governmental functions.
[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, § 478-276-110, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. 91-10-031, § 478-276-110, filed 4/24/91, effective 5/25/91; Order 73-5, § 478-276-110, filed 5/29/73.]
(2) ((Immediately)) Response to petition. After
receiving a written request for review of a decision denying a
public record, the ((director of)) public records ((and open
public meetings or other staff member denying the request
shall refer it to the office of the president of the
University of Washington)) office shall promptly refer it to
the hearing officer. The petition shall be reviewed
((promptly)) and the action of the public records ((and open
public meetings)) office ((staff)) shall be approved or
disapproved. Such approval or disapproval shall constitute
final university action for purposes of judicial review.
[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-120, filed 5/23/01, effective 6/23/01. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-120, filed 10/2/81; Order 73-5, § 478-276-120, filed 5/29/73.]
University of Washington
Public Records and Open Public Meetings Office
4311 11th Ave. N.E.
Suite 360
Seattle, WA 98105
(for internal campus mail use: Box 354997). The telephone
number of the public records and open public meetings office
is 206-543-9180.)) The university's public records officer may
be contacted at the following physical address, telephone
numbers, or e-mail address:
Office of Public Records and Open Public Meetings
University of Washington
4311 11th Ave. N.E., Suite 360
Seattle, WA 98105
Telephone: 206-543-9180
Facsimile: 206-616-6294
E-mail: pubrec@uw.edu
The public records office's web site is at
http://depts.washington.edu/publicrecords.
[Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, § 478-276-140, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130 and chapter 42.17 RCW. 03-12-007, § 478-276-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-140, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-140, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-140, filed 10/2/81; Order 73-5, § 478-276-140, filed 5/29/73.]
The following section of the Washington Administrative Code is repealed:
WAC 478-276-070 | Times for inspection and copying. |