WSR 16-06-082 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed February 26, 2016, 3:47 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-16-046.
Title of Rule and Other Identifying Information: Revisions to the department of early learning's (DEL) disclosure of public records chapter, specifically WAC 170-01-0020 Definitions, 170-01-0030 Description of the department of early learning, 170-01-0120 How to make a public records request, 170-01-0210 What DEL considers a reasonable time estimate, 170-01-0220 Reasons for DEL extending the time needed to fill a public records request, and 170-01-0270 DEL reviews of records request denials.
Hearing Location(s): Tacoma Public Library, Main Branch, Olympic Room, 1102 Tacoma Avenue South, Tacoma, WA 98402, on April 5, 2016, at 6:30 p.m.; and at the Spokane Public Library, Downtown Branch, Room 1A, 906 West Main Avenue, Spokane, WA 99201, on April 6, 2016, at 6:30 p.m.
Date of Intended Adoption: Not earlier than April 6, 2016.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 725-4925, by April 6, 2016.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by April 28, 2016, (360) 725-4670.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule revisions update agency contact information, correct grammatical style and change the definition of "public record" to better align with the Public Records Act.
Reasons Supporting Proposal: Adopting the proposed rules keeps the chapter up-to-date and completes necessary corrections.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: James DeHart, Public Records Officer, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4385; Implementation and Enforcement: DEL, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
February 26, 2016
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0020 Definitions.
The definitions set forth in chapter 42.56 RCW shall apply to this chapter. Additional definitions not listed in the Public Records Act are listed in this section, except as provided in this section.
"DEL" or "department" means the department of early learning. Where appropriate, DEL also may refer to the officials and employees of the department of early learning.
"Disclosure" means inspection and/or copying of public records, unless the record is exempt from disclosure by law.
"Public records" includes ((anything prepared, owned, used or retained by the agency and can include agency publications, online information posted on internet sites owned or controlled by the agency, child care career and wage ladder information, ECEAP records, subsidy information, grants, requests for proposals and contract information, documents contained in licensing files, interagency communication including service level agreements and memorandums of understanding, e-mails, letters, memos, licensing complaint reports in CAMIS/FAMLINK, service episode records, records held by contractors if they related to agency's function or action, certain electronic records, and other records not readily available to the public such as old manuals or training materials. These records can be written, recorded or electronic.
To be a public record, a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.17.020(41))) any writing, as defined in RCW 42.56.010, 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. Almost all records held by an agency relate to the conduct of government; however, some do not. A purely personal record having no relation to the conduct of government is not a "public record." While the contents of the personal record might not be a public record, a transaction of the record itself may be.
"Public records officer" means the designated person for the department who oversees all records requests. This person is identified in the Washington state register.
"Redact" means to edit from a released record information that is exempt from disclosure to the public, by covering over the information with black ink or other method without deleting the information from the original record.
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0030 Description of the department of early learning.
(1) DEL was formed in July 2006 under chapter 265, Laws of 2006 to bring together child care and early learning programs previously under the departments of social and health services and commerce, as well as the state office of public instruction.
(2) The department was established to oversee child care licensing and early childhood learning programs and initiatives.
(3) The administrative office of the department of early learning is located in Olympia, Washington. To request any information, contact: P.O. Box 40970, Olympia, WA 98504-0970, or call toll free 1-866-482-4325.
(4) Field offices ((exist in Aberdeen, Bellevue, Bellingham, Bremerton, Everett, Kennewick, Kelso, Kent, Mount Vernon, Othello, Port Angeles, Seattle, Spokane, Tacoma, Tumwater, Vancouver, Wenatchee, and Yakima)) are located throughout the state and contact information can be found on DEL's web site.
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0120 How to make a public records request.
(1) Public records requests should be made directly to the DEL public records officer.
(2) Public records requests may be made verbally or in writing.
(a) Written requests may be sent by e-mail to public.records@del.wa.gov, by fax to ((360-413-3482)) 360-725-4925 or mail. Requests may be delivered to: Department of Early Learning, P.O. Box 40970, Olympia, WA 98504-0970.
(b) DEL's public records request form is on its web site.
(c) A written request without using the DEL public records request form should contain:
(i) Name of requestor;
(ii) Address of requestor;
(iii) Other contact information, including telephone number and any e-mail address;
(iv) The date on which the request was made;
(v) A sufficient description of the record requested; and
(vi) If the information being requested may include a list of individuals or businesses, a statement that the list will not be used for commercial purposes, which is prohibited by law.
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0210 What DEL considers a reasonable time estimate.
DEL will roughly calculate the time it will take to fill the request. There is no standard amount of time for fulfilling a request, so reasonable estimates may vary. The estimates are based upon:
(1) The size of the record requested. A large request generally will take more time than a small request.
(2) The location or locations where requested records may be. Records may be stored at different DEL offices, or at state records storage facilities.
(3) The case load of the person filling the request. While providing public records is an essential function of the agency, it is not required to abandon its other, nonpublic records functions.
((Example: A child care licensor who fills the request must work the public records request around their other duties monitoring and licensing facilities.))
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0220 Reasons for DEL extending the time needed to fill a public records request.
DEL may need to extend the time needed to fill a public records request beyond the five days in order to:
(1) Locate and gather the information requested;
(2) Notify an individual or organization affected by the request, and to give them an opportunity to object if allowed by law;
(3) Determine whether: The information requested is exempt from disclosure; all or part of the request can be released; portions of the record must be redacted; or
(4) Wait for response after DEL has already contacted the requestor to clarify the intent, scope or specifics of the request. For example, if a request is objectively unclear, DEL will attempt to clarify. If the requestor fails to clarify the request within thirty days of the agency's request, the agency ((may)) will consider the request abandoned((. If the agency considers the request abandoned, it will send a closing letter to the requestor)), close the request and notify the requestor in writing.
DEL will notify the requestor in writing if an extension is needed.
AMENDATORY SECTION (Amending WSR 12-09-035, filed 4/11/12, effective 5/12/12)
WAC 170-01-0270 DEL reviews of records request denials.
(1) All review requests must be in writing (letter, fax or e-mail). All review requests must specify the part or parts of the denial or redaction that the requestor wishes to be reviewed.
(2) If DEL denies all or part of a request, or redacts any portion of a record, the requestor may request a review of this decision by:
(((1))) (a) Asking the public records officer for an internal DEL review.
(((2))) After receiving a request for an internal review, the public records officer will refer the matter for review to the deputy director who may consult with other agency leaders. The denial will either be upheld or reversed within two business days after the receipt of the review request.
(b) Asking for an external review by the attorney general's office.
Requestors may initiate this by sending a request for review to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100 or publicrecords@atg.wa.gov.
(((3))) (c) Asking for a judicial review.
((All review requests must be in writing (letter, fax or e-mail). All review requests must specify the part or parts of the denial or redaction that the requestor wishes to be reviewed.
After receiving a request for an internal review, the public records officer will refer the matter for review to the agency communications manager who may consult with other agency leaders. The denial will either be upheld or reversed within two business days after the receipt of the review request.)) To initiate a court review of a public records case, a requestor can file a "motion to show cause" which directs the agency to appear before the court and show any cause why the agency did not violate the act. The case must be filed in the superior court in the county in which the record is maintained.
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