ASIAN PACIFIC AMERICAN AFFAIRS

[Filed April 15, 2020, 10:26 a.m., effective May 16, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Proposed changes to sections within chapter 34-02 WAC are intended to streamline, revise, delete, or directly repeal outdated or incorrect information; update the name of the commission; update the commission's physical and mailing addresses; provide flexibility for the commission to change the date of its regular meetings; while continuing to comply with chapter 43.117 RCW.

Proposed changes to sections within chapter 34-04 WAC are intended to streamline; remove redundancy, revise or delete outdated or incorrect information, update according to current law; update the name of the commission; update terminology; provide flexibility for whom the commission may designate as its public records officer; provide instructions on how to obtain a form to request public records; update the commission's physical and mailing addresses; while continuing to comply with chapter 43.117 RCW.

Proposed changes include adding chapter 14.60 WAC relating to use of mobile devices, intended to update according to current law; and establish rules regarding state-owned and personally-owned mobile devices; stipends for use of personally owned devices; security, privacy and records management; management of devices; and employee responsibilities.

Citation of Rules Affected by this Order: Amending WAC 34-02-010 Organization and operation of the commission on Asian-American affairs, 34-02-020 Commission meetings, 34-02-030 Petitions for rule making action, 34-02-040 Communications with the commission, 34-04-010 Purpose, 34-04-020 Definitions, 34-04-030 Public records available, 34-04-040 Public records officer, 34-04-070 Requests for public records, 34-04-090 Exemptions, 34-04-120 Adoption of form, 14.60 Use of mobile devices, 14.60.10 Purpose, 14.60.20 Policy application, 14.60.30 State-owned mobile device, 14.60.40 personally-owned mobile device, 14.60.50 Stipends for use of personal devices, 14.60.60 Security, privacy and records management, 14.60.70 Agency management of mobile devices, and 14.60.80 Employee responsibilities.

Reviser's note: The unnecessary material above occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Statutory Authority for Adoption: RCW 43.117.050.

Adopted under notice filed as WSR 02-02-003 [20-02-003] on December 18, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 20, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 20, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 2, 2020.

AMENDATORY SECTION(Amending WSR 88-21-003, filed 10/6/88)

WAC 34-02-010Organization and operation of the commission on ((Asian-American))Asian Pacific American affairs.

(1) The commission on ((Asian-American))Asian Pacific American affairs, hereinafter referred to as the commission, is a commission in the office of the governor established by RCW 43.117.030. The commission exists to improve the well-being of ((Asian-Pacific))Asian Pacific Americans by helping to ((insure))ensure their participation in the fields of government, business and education, and to aid ((Asian-Pacific))Asian Pacific Americans in obtaining governmental services in order to promote the health, safety and welfare of all residents of this state. The duties and responsibilities of the commission are more particularly described in chapter 43.117 RCW. The twelve members of the commission are appointed by the governor.

(2) All basic policy decisions are made by the commission at its regular and special meetings. To assist in policy formulation, and to otherwise assist in carrying out its various duties and responsibilities, the commission has an executive director, appointed by the governor based on commission recommendations, a staff hired by the executive director, and at least two standing committees comprised of commission members. The two mandatory committees are:

(a) The executive committee, which is responsible for reviewing major news releases and other information designed to increase the public's knowledge of the commission ((or Asian-Pacific Americans)), and for conducting certain commission business and for undertaking specific tasks delegated by the commission;

(b) The nominations committee, which is responsible for developing and implementing procedures by which to recommend commission and executive director appointees, and for such other tasks as may be delegated to it by the commission; and

Other committees may be formed at any time by (([the]))the commission for the purpose of addressing various issues affecting ((Asian-Pacific))Asian Pacific Americans.

(3) The commission maintains a central administrative office at ((1515 South Cherry))Capitol Court Building, 1110 Capitol Way South, Suite 220, Olympia, Washington(([,] 98504, and a field office at 110 Prefontaine Pl. S., Suite 202, Seattle, Washington, 98104)), 98501.

AMENDATORY SECTION(Amending WSR 82-20-015, filed 9/28/82)

WAC 34-02-020Commission meetings.

(1) Regular meetings of the commission are held on ((the third))a Saturday of January, March, June, September and November. Specific meeting dates will be established by the executive director in conjunction with the chair of the commission. Notice of the time and place of the regular meetings will be published annually in the January edition of the Washington state register and also announced on the CAPAA website. A copy of the schedule of regular meetings may also be obtained upon request from the commission.

(2) Special meetings of the commission may be called at any time by the chairperson of the commission or by a majority of the commission members. Notice of such meetings will be as provided by law.

(3) In addition to the meeting notices specified above, the commission staff will publicize information about all commission meetings in the communities in which the meetings are to be held.

AMENDATORY SECTION(Amending WSR 82-20-015, filed 9/28/82)

WAC 34-02-030Petitions for rule-making action.

(1) Any interested person may petition the commission requesting the promulgation, amendment or repeal of any rule. The petition may be in any form, so long as the following information is contained therein:

(a) Name and address of the person, organization or corporation requesting the promulgation, amendment or repeal of the rule. If the request is being made by an organization or corporation, the name of a designated individual for contact must be provided.

(b) Text or substance of the proposed rule or amendment, or specific reference to the appropriate rule in cases where repeal is requested.

(2) Within ((thirty))sixty days after submission of a petition, ((or at the next meeting of the commission if the commission does not meet within thirty days,)) the commission will formally consider the petition and shall((, within thirty days thereafter,)) either deny the petition in writing (stating reasons for the denial) or initiate rule-making proceedings in accordance with chapter ((34.04))34.05 RCW (Administrative Procedure Act).

AMENDATORY SECTION(Amending WSR 82-20-015, filed 9/28/82)

WAC 34-02-040Communications with the commission.

Any and all written communications with the commission((,)) including, but not limited to, requests for information or copies of agency records, or submittals of any nature, shall be addressed to the commission on ((Asian-American))Asian Pacific American affairs, in care of the executive director, at ((either the commission's Olympia or Seattle office. The address for each office appears in WAC 34-02-010(3)))the commission's central administrative office.