WSR 17-21-068 PROPOSED RULES EASTERN WASHINGTON UNIVERSITY [Filed October 16, 2017, 12:27 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-17-175. Title of Rule and Other Identifying Information: Amending WAC 172-10-090, public records requests, review of denial of public records. Hearing Location(s): On December 6, 2017, at 10 a.m., at Eastern Washington University (EWU), Main Campus, 526 5th Street, Room 215A, Tawanka Hall, Cheney, WA 99004. Date of Intended Adoption: February 23, 2018. Submit Written Comments to: Joseph Fuxa, EWU, 526 5th Street, 314 Showalter Hall, Cheney, WA 99004, email jfuxa@ewu.edu, fax 509-359-2874, by December 6, 2017. Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 506-359-2874 [509-359-2874], email jfuxa@ewu.edu, by December 6, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 172-10-090 will clarify who receives a petition for review of denial of public records. Reasons Supporting Proposal: The modification is being made to reflect personnel changes. Statutory Authority for Adoption: RCW 28B.35.120(12). Statute Being Implemented: Chapter 42.56 RCW, WAC 44-14-080. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: EWU, governmental. Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 314 Showalter Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.
A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.5.328 [34.05.328] (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
October 16, 2017
Joseph Fuxa
Labor Relations Manager
AMENDATORY SECTION (Amending WSR 14-24-034, filed 11/24/14, effective 12/25/14)
WAC 172-10-090 Review of denials of public records.
(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer denying the request.
(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the ((associate to the)) vice president for business and finance, who will immediately consider the petition and either affirm or reverse the denial within two business days following the university's receipt of the petition, or within such other time as Eastern Washington University and the requestor mutually agree to.
(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the university denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160. A requestor may initiate such a review by sending a request for review to: Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, Washington 98504-0100 or publicrecords@atg.wa.gov.
(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.
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