DEPARTMENT OF

FINANCIAL INSTITUTIONS

(1) The purpose of this chapter is to ensure compliance with RCW 42.56.040; with the applicable provisions of the Public Records Act, chapter ((42.17)) 42.56 RCW((, Disclosure—Campaign finances—Lobbying—Records; and in particular RCW 42.17.250 through 42.17.348 dealing with public records. It)); and to provide notice to the public of the organization and procedure of the department as required by the Administrative Procedure Act, chapter 34.05 RCW.

(2) This chapter establishes general((, consistent)) rules regarding public records in the custody or control of the department.

(3) Department divisions may adopt additional rules to supplement this chapter.

(4) If specific rules adopted by a division conflict with this chapter, the specific rules control in those situations.

"Person" means any individual, partnership, joint venture, public or private corporation, limited liability company, association, federal, state or local government entity or agency however constituted, or any other organization or group of persons, however organized.

(1) The department is an administrative, supervisory, licensing, regulatory, public outreach, educational, and chartering agency.

(((1))) (2) The department is organized pursuant to chapter 43.320 RCW under a director, appointed by the governor, and ((four)) assistant directors (also known as "division directors"), appointed by the director.

(3) The director has delegated authority to each assistant director to act in a specific functional area. The ((four)) functional areas are the: ((The)) Division of administration; division of banks; ((the consumer services and administration)) division of consumer services; ((the)) division of credit unions; and ((the securities)) division of securities.

(4) Four of these divisions regulate various programs((, such as)) including, but not limited to:

(a) The chartering, licensing, and regulation of state banks((,)); nonbank trust companies((,)) and trust departments of banks; state savings banks((, savings and loan associations, alien banks, bank holdings companies,)); holding companies of state banks and state savings banks; bureaus and other offices; and agricultural credit corporations, federally guaranteed small business loan companies, and business development companies, by and through the division of banks;

(b) The licensing and regulation of consumer loan companies, check cashers and sellers, small loan licensees, mortgage brokers, mortgage loan officers, mortgage loan facilitators, mortgage loan servicers, escrow agents, money transmitters, currency exchangers, and other money services businesses, and tax refund anticipation lenders, by and through the division of consumer services;

(c) The chartering and regulation of state credit unions((,)) and credit union service organizations, which are administered by and through the division of credit unions;

(d) The registering and regulation of securities((, mutual funds)) offerings and broker-dealers, commodities offerings and broker-dealers, franchises and franchise brokers, business opportunities, and investment advisers, by and through the division of securities; and

(e) The licensing and regulation of other similar ((institutions)) or incidental financial businesses or areas of financial regulation by one or more of the divisions enumerated in this section.

(((2))) (5) The division of administration acts as support for the other divisions by providing administrative, fiscal, human resources, information technology, and other services. Included within the division of administration are also executive-level personnel, who report directly to the director of the department, and who provide:

(7) The department is charged with protecting the public interest, protecting the safety and soundness of depository institutions and entities under the jurisdiction of the department, ensuring access to the regulatory process for all concerned parties, and protecting the interests of investors.

(((3))) (8) The governor appoints the director, with the consent of the senate. The director holds office at the pleasure of the governor.

(a) The director has complete charge of the department. The director may deputize one of the assistant directors to exercise the powers and duties of the director in the event of his or her absence. The director may delegate duties to assistant directors((, but there are statutory limitations)) in accordance with RCW 43.320.060 ((to his power to delegate, and the director remains responsible for all official acts of the employees)).

(b) By specific powers of legislation ((and delegation)), including the power to delegate, the director has the responsibility and authority to act and direct in the following areas:

(i) Administer the laws pertaining to chartering, licensing, registration, education, and regulation of ((state banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer loan companies, check cashers and sellers, trust companies and departments, securities, mutual funds, franchises, business opportunities, commodities, escrow agents, mortgage brokers, and other similar institutions or areas. A full-time staff, including field examiners, carries out these duties.)) the financial institutions and businesses and areas of financial regulation set forth in subsection (4) of this section; and

(ii) Adopt and enforce rules consistent with and necessary to carry out the provisions of existing laws.

(((4))) (9) Chapter 34.05 RCW, the Administrative Procedure Act, and department-related statutes and rules govern the formal and informal proceedings conducted by the department.

(1) The administrative office((s)) of the department ((and all)), including each of its divisions, are located ((in Room 300 of the General Administration Building, 210 - 11th Avenue SW, Olympia)) at 150 Israel Road S.W., Tumwater, Washington((;)) 98501.

(2) The mailing address of the department and each of its divisions is P.O. Box 41200, Olympia, WA 98504-1200.

(1) Public records are available for inspection and copying during customary office hours, consistent with chapter 42.56 RCW, the Public Records Act.

(2) For the purposes of this chapter, the customary office hours of the administrative office are from 8:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.

(1) ((Members of the public may inspect, copy or obtain copies of)) Many public records ((by making a request on the public records request form prescribed by the division holding the record. The form is available at the administrative office and should be given or mailed to the appropriate division. The request shall)) are available for inspection on the department's web site, www.dfi.wa.gov/public-records-index, at no cost. Requestors are encouraged to view the records available on the web site prior to submitting a records request.

(2) Any person seeking to inspect or copy public records of the department should make the request in writing on the department's request form, available at www.dfi.wa.gov/public-records-index, by letter, fax, email addressed to the public records officer at dfipublicrecords@dfi.wa.gov, or by submitting the request in person at the department's administrative office. The request should include the following information:

(a) The name of the ((person requesting the records)) requestor;

(b) ((The date and time of day on which the request was made;

(d))) Contact information such as address, telephone number, email address, or other preferred contact information;

(d) An identification or description of the public records adequate for the public records officer or designee to locate the record or, if the record requested is referenced within the department's public records index, a reference to the requested record as it is described in the index; and

(e) ((If the requested matter is not identifiable by reference to the index, an appropriate description of the record requested.

(2) The staff person to whom the request is made will assist in identifying the public record requested.)) The date and time of the request.

(3) The department may inquire about the reason for a request for a list of individuals to determine whether the list will be used for commercial purposes.

(4) ((All requests for public records will be acknowledged within five working days after receipt with:

(c) A denial of the request.)) The department's public records officer or his or her designee may accept, by telephone or in person, requests for public records that contain the above information. If the public records officer or designee accepts such a request, he or she will confirm the receipt and substance of the request in writing.

(1) Order of processing requests. The department will process requests in the order that allows requests to be fulfilled in the most efficient manner feasible.

(2) Acknowledging receipt of a request. The department will acknowledge a request for public records within five business days after the department receives the request, by:

(a) Making the requested records available for inspection or copying or by providing copies of the records, including:

(i) If records are available on the department's web site, by providing an internet address and link on the web site to specific records requested;

(ii) If copies are requested and all applicable costs and deposits, if any, are paid by the requestor or other terms of payment are agreed upon, sending the copies to the requestor;

(b) Acknowledging receipt of the request and providing a reasonable estimate of when records or an installment of records will be available (the public records officer or designee may revise the estimate of when records will be available); or

(c) Acknowledging receipt of the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of time the department will require to respond to the request if it is not clarified;

(i) Such clarification may be requested and provided by telephone, and memorialized in writing;

(ii) If the requestor fails to respond to a request for clarification and the entire request is unclear, the department need not respond to the request; or

(d) Providing a written statement of denial of the request.

(3) If no response is received. If the requestor does not receive an acknowledgment of the records request within five business days, the requestor should contact the public records officer to confirm that the department received the request.

(4) Records exempt from disclosure. If a record or portion of a record is exempt from disclosure pursuant to chapter 42.56 RCW or as otherwise provided by law, the department may withhold or redact such record. If records are withheld or redacted, the department will, in writing, state the specific exemption and provide a brief explanation of why the record or portion of the record is being withheld or redacted.

(5) Providing copies of records. Copies may be provided in either hard copy or electronic format, as requested. The cost for copies is set forth in WAC 208-12-090, and costs must be paid to the department prior to delivery of copies. Copies may be emailed or mailed to the requestor, may be made available to the requestor for pickup at the department's administrative office, or may be made available via a file sharing service.

(6) Records may be provided in installments. When a requestor seeks a large volume of records or collection and review of the records will be resource intensive, the public records officer or designee may provide copies or access for inspection of records in installments. Costs for each installment must be paid prior to delivery of the installment.

(7) Closing withdrawn or abandoned requests. The public records officer or designee may close a request when: The request is withdrawn by the requestor; the requestor fails to remit fees or a deposit when due, pursuant to WAC 208-12-090(8); the requestor fails to inspect records or retrieve copies of records within thirty days of notice that the records are available for inspection or retrieval; or the requestor fails to provide requested clarification within thirty days and the entirety of the request is unclear. The requestor will be notified in writing that the request has been closed. If a requestor seeks to reopen a closed request, the request may be opened as a new request.

(8) Bot requests. The department may deny a "bot" request, which is one of multiple requests from a requestor to the department within a twenty-four-hour period, if the request causes excessive interference with other essential department functions. RCW 42.56.080(3). A "bot" request means a records request that the department reasonably believes was automatically generated by a computer program or script.

(9) Protecting the rights of others. If the requested records contain information that may affect the rights of others, and which may be exempt from disclosure, the public records officer or designee may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure.

(1) It is the department's responsibility to ((prevent unreasonable invasions of privacy,)) protect public records from destruction, damage or disorganization, and prevent excessive interference with essential functions of the department.

(2) Before a person may ((review)) inspect original records, that person must agree to the following conditions:

(((1))) (a) The records may not be removed from the area designated for review;

(((2))) (b) The records may not be destroyed;

(((3))) (c) The records may not be altered in any way;

(((4))) (d) The records may not be defaced in any way, including marking upon, folding or folding anew if in folded form, tracing or fastening with clips or other fasteners except those that already exist in the file;

(((5))) (e) The records may not be cut, torn or mutilated in any way;

(((6))) (f) The records must be kept in the order in which received; and

(((7))) (g) The records will be returned to the ((department)) department's public records officer or his or her designee when no longer required by the ((requester)) requestor, but no later than the end of customary business hours.

((The department does not charge a fee for inspecting public records. The department may charge fifteen cents per page for providing copies of public records. If copies are requested, the department will make copies or make the department's copying facilities available.)) (1) Copy fees and payment procedures apply to requests to the department under chapter 42.56 RCW received by the department on or after the effective date of these rules.

(1) All public records of the department are available for public inspection and copying pursuant to ((these rules)) this chapter, unless the department determines that a requested public record or portion of a public record is exempt under the provisions of chapter 42.56 RCW ((42.17.310)) or other statute.

(((1))) (2) Various statutes exempt certain records from disclosure((,)) including, but not limited to: ((Securities, RCW 19.100.242, 19.110.140, 21.30.170, 21.30.370, 21.20.480, 21.20.510, 21.20.700, 21.20.855; Banks, RCW 30.04.075; Savings and Loan Associations, RCW 33.04.110; Agricultural Lenders, RCW 31.35.070;))

(ii) Washington state savings banks and their holding companies, RCW 32.04.220; ((and Credit Unions, RCW 31.12.565.

(3) Other statutory exemptions may cover records received by the department from another regulatory agency or under interagency agreement.

(((3) In addition,)) (4) Federal statutes and rules, including regulations of the federal reserve board of governors, federal deposit insurance corporation, national credit union administration, consumer financial protection bureau, securities and exchange commission, and other federal financial regulators implementing the Freedom of Information Act, at subsection (b)(8) of Title 5, United States Code, Section 552 (5 U.S.C. Sec. 552(b)(8)), which:

(5) Pursuant to RCW ((42.17.260)) 42.56.050, 42.56.070, 42.56.210, 42.56.230, and 42.56.240, the department reserves ((the right)) its authority to delete identifying details when it makes available or publishes any public record, if there is reason to believe that disclosure of such details would be an invasion of personal privacy. All deletions will be justified in writing.

(1) ((If a request for a public record is denied, the person denying it will send the requester a written statement giving the reason for the denial. If based on an exemption, the written statement will give the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld. A copy of the denial will be immediately forwarded to the director or designee for review.

(2) The director or designee will consider the denial and affirm or reverse it within two business days.)) Any person who objects to the initial denial or partial denial of a records request may petition, in writing (including by email), to the public records officer for a review of that denial. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request.

(2) The director or director's designee will consider the petition and affirm, reverse, or modify the denial within two business days following the department's receipt of the petition, or within such other time as the department and the requestor mutually agree. The original denial becomes final if the director does not respond within two business days.

(3) Administrative remedies are not exhausted until the ((close of the second full business day following the original denial of inspection)) denial becomes final.

(4) Pursuant to RCW 42.56.530, if the department 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.

((Each division)) The department maintains an index of its records available to the public((. The index is attached to the department's public records request procedure. Current indices are available upon request)) on its web site, at www.dfi.wa.gov/public-records-index.