DEPARTMENT OF TRANSPORTATION

[Filed October 15, 2019, 4:03 p.m.]

Preproposal statement of inquiry was filed as WSR 19-14-097.

Title of Rule and Other Identifying Information: Chapter 468-06 WAC, Public access to information and records.

Hearing Location(s): On November 27, 2019, at 1:30 p.m., at the Transportation Building, Nisqually Conference Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504.

Date of Intended Adoption: November 27, 2019.

Submit Written Comments to: Ashley Holmberg, P.O. Box 47410, Olympia, WA 98504-7410, email HolmbeA@wsdot.wa.gov, fax 360-705-6808, by November 26, 2019.

Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, TTY 711, email EngleKa@wsdot.wa.gov, by November 26, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating the process for submitting public records requests and clarifying that the rule also applies to public records requests to the Washington state transportation commission.

Reasons Supporting Proposal: The Washington state department of transportation (WSDOT) implemented a new web-based public disclosure system and recent legislation updated the fees agencies are permitted to charge for the production of public records.

Statutory Authority for Adoption: RCW 42.56.040.

Statute Being Implemented: Chapter 42.56 RCW.

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

Name of Proponent: WSDOT, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ashley Holmberg, Olympia, Washington, 360-705-7320; and Enforcement: Kara Larsen, Olympia, Washington, 360-704-6366.

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. The rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

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).

Explanation of exemptions: This rule updates the public records request process and thus relates only to internal government operations.

Kara Larsen, Director

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

WAC 468-06-010Purpose.

The purpose of this chapter is to provide rules for the Washington state department of transportation (the department), and the Washington state transportation commission (the commission) implementing the provisions of chapter 42.56 RCW that relate to requests for inspection and copying of public records.

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

WAC 468-06-020Definitions.

(1) "Commission" means the Washington state transportation commission.

(2) "Denial" means the department withheld a record in part or in its entirety based on a statutory or other legal exemption.

(((2)))(3) "Department" means the Washington state department of transportation.

(((3)))(4) "Disclosure" means the existence of a record is revealed to a requestor in response to a PRA request, regardless of whether it is produced.

(((4)))(5) "Production" means disclosed records are produced (made available for inspection and copying).

(((5)))(6) "Public Records Act" or "PRA" means chapter 42.56 RCW.

AMENDATORY SECTION(Amending WSR 15-24-130, filed 12/2/15, effective 1/2/16)

WAC 468-06-050Public records officer.

The department's public records officer is designated by the department as the person responsible for implementing the department's rules and regulations, for acknowledging receipt of public records requests, and for coordinating with staff statewide to identify, gather, and release public records in compliance with the public records disclosure requirements. The department's public records officer also serves as the commission's public records officer.

AMENDATORY SECTION(Amending WSR 19-14-003, filed 6/19/19, effective 7/20/19)

WAC 468-06-060Requesting public records.

(1) Submitting a request. Requests for public records to the department or the commission can be made by:

(a) Using the public disclosure request center, by clicking on the link on the web site at http://www.wsdot.wa.gov/Contact/PublicDisclosure, or going to https://wsdot.mycusthelp.com/WEBAPP/_rs/supporthome.aspx; or

(b) Submitting a written request to the department that includes:

(i) The name, address, telephone number, and email address of the person requesting the records;

(ii) The date and time of the request;

(iii) A description of the public records sought adequate for the department to identify and locate all responsive records;

(iv) Language stating that the request for records is intended as a public records request or a similar statement placing the department on fair notice that records are being sought under the PRA; and

(v) A statement indicating whether copies or the records are sought or if the requestor wants to arrange to inspect records.

Requests not submitted through the public disclosure request center identified in (a) of this subsection can be submitted ((to the department)) via U.S. mail, hand delivery, or facsimile at:

Public Records Office

Transportation Building

310 Maple Park Avenue S.E.

P.O. Box 47410

Olympia, WA 98504-7410

Facsimile: 360-705-6808

((Failure to submit requests to the department at the above location may result in a delay in the department's response.))

(2) A request not submitted in a manner identified in subsection (1) of this section will not be considered a public records request under chapter 42.56 RCW, but will be responded to as an informal routine inquiry or a general request for information.

(3) Requested production. Nonexempt records are available through inspection, paper copies, or electronic copies. The requestor should indicate the production preference and make arrangements to pay the fees, if any.