SOCIAL AND HEALTH SERVICES

(Services and Enterprise Support Administration)

[Filed September 4, 2018, 10:51 a.m.]

Title of Rule and Other Identifying Information: The department is amending WAC 388-01-020 How is DSHS organized?, 388-01-030 What public records are available?, and 388-01-060 How may an individual request a public record?

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes update an outdated hyperlink and correct two typographical errors.

Reasons Supporting Proposal: These changes are needed to clarify rule language.

Statutory Authority for Adoption: Chapter 42.56 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services (DSHS), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Natasha House, DSHS Public Records Officer, P.O. Box 45135, Olympia, WA 98504, 360-902-7649.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

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 Rules Coordinator, DSHS, P.O. Box 45850, Olympia, WA 98504, phone 360-664-6097, fax 360-664-6185, email DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY 5:00 p.m. November 5, 2018.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 18-05-021, filed 2/9/18, effective 3/12/18)

WAC 388-01-020How is DSHS organized?

(1) DSHS's current organizational structure can be located at the following link: ((https://www.dshs.wa.gov/strategic-planning/organizational-chart))https://www.dshs.wa.gov/office-of-the-secretary/organizational-chart.

(2) You may also request organizational charts by writing to:

DSHS, office of the secretary

P.O. Box 45010

Olympia, WA 98504-5010.

AMENDATORY SECTION(Amending WSR 18-05-021, filed 2/9/18, effective 3/12/18)

WAC 388-01-030What public records are available?

(1) DSHS prepares and keeps public records that relate to the programs it administers. All records DSHS uses to conduct business are public records.

DSHS public records may include documents, audio and video recordings, pictures, email, computer disks, and electronic data.

(2) DSHS public records are available to the public unless a law exempts them from disclosure. Some DSHS records are confidential and not available to everyone. Records exempt from public disclosure are listed under chapter 42.56 RCW, (([WAC 388-01-020,]))WAC 388-01-120, and other federal and state laws applicable to DSHS.

(3) Clients, or someone authorized to act for a client, may access confidential records about the client that are exempt from disclosure to the public unless specifically prohibited by law.

(4) Upon request, DSHS may provide access to records such as rules, policies, indexes, interpretive statements, pamphlets, forms, and other publications at cost under WAC 388-01-180 without using the public records request process.

AMENDATORY SECTION(Amending WSR 18-05-021, filed 2/9/18, effective 3/12/18)

WAC 388-01-060How may an individual request a public record?

(1) An individual may request a public record orally or in writing. DSHS prefers that all public record requests be in writing on the "request for DSHS records" form, DSHS 17-041(X). Individuals may locate this form on the DSHS website at https://www.dshs.wa.gov/fsa/forms or request it from:

DSHS public records officer

Services and enterprise support administration

Information governance unit

P.O. Box 45135

Olympia, WA 98504-5135

Telephone: (360) 902-8484

Fax: (360) 902-7855

Email: DSHSPublicDisclosure@dshs.wa.gov.

(2) If an individual does not use the DSHS form, the written public record request should include the following information:

(a) The requester's name, organization, mailing address, telephone number, fax number, and email address;

(b) The date of the request;

(d) The email or mailing address where DSHS should send copies of the records, or if the requester wants to inspect the record at DSHS; and

(e) The requester's signature.

(3) An individual may fill out a record request at a DSHS office or send it by regular mail, email, or fax to the public records officer listed in WAC 388-01-050.

(4) Requests by third parties for confidential client records must be accompanied by a valid authorization as set forth in WAC 388-01-150.

(5) DSHS may ask an individual requesting a public record for personal identification when the law makes a record disclosable to a specific person.

(6) DSHS may deny a "bot" request, which is one of multiple requests from a requester within a twenty-four (([hour]))hour period, if responding to multiple requests would cause excessive interference with other essential DSHS functions.