WSR 02-12-018

EXPEDITED RULES

CENTRAL WASHINGTON UNIVERSITY


[ Filed May 28, 2002, 10:18 a.m. ]

Title of Rule: Determination regarding exempt records - agency determination to grant or deny a public records request.

Purpose: Sets parameters for response to requests for public records.

Statutory Authority for Adoption: RCW 28B.10.528 and 28B.35.120(12).

Statute Being Implemented: WAC 106-276-100.

Summary: Amend time specified for determinating a response to a request for public records from one day to five.

Reasons Supporting Proposal: RCW 42.17.320 states that an agency has five business days to respond to a request for public records. WAC 106-276-100 currently states that CWU will respond within one day. One business day does not allow enough time, in certain circumstances, to respond to a request for public records. The proposed change will align the rule with the RCW requirement.

Name of Agency Personnel Responsible for Drafting and Implementation: Sandy Arbuckle, Business Services and Contracts, (509) 963-2335; and Enforcement: Bruce Porter, Business Services and Contracts, (509) 963-2354.

Name of Proponent: Sandy Arbuckle, CWU Public Records Officer, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule outlines agency response to a public records request, setting an appropriate notification time. Individuals will now be notified within five days, rather than one day, whether a records' request will be granted or denied. Proposed changes to this rule bring it into compliance with RCW 42.17.320. Individuals seeking public records will be accommodated expeditiously.

Proposal Changes the Following Existing Rules: Individuals requesting public records under WAC 106-276-100(2) will be required to wait five business days for a response rather than one business day.

NOTICE

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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Judy B. Miller, Central Washington University, 400 East 8th Avenue, Ellensburg, WA 98926-7501 , AND RECEIVED BY August 5, 2002.


May 22, 2002

Jerilyn S. McIntyre

President

OTS-5635.1


AMENDATORY SECTION(Amending Order CWU AO 76, filed 10/3/94, effective 11/3/94)

WAC 106-276-100   Determination regarding exempt records.   (1) The university reserves the right to determine that a public record requested in accordance with the procedures of this chapter is exempt under the provisions of RCW 42.17.310. Such determination may be made in consultation with any of the records officers of the university, president of the university, or an assistant attorney general assigned to the university.

(2) Responses to requests for records must be made promptly. For the purpose of these rules, a prompt response occurs if the person requesting the public record is notified within ((one)) five business days as to whether or not the request for a public record will be granted or denied.

(3) No denial of a request for public records shall be valid unless accompanied by a written statement, signed by the public records officer or designee, specifying the specific reasons therefore.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 94-20-075 (Order CWU AO 76), 106-276-100, filed 10/3/94, effective 11/3/94. Statutory Authority: RCW 28B.19.050 and 28B.40.120. 78-08-011 (Order 39), 106-276-100, filed 7/11/78; Order 11, 106-276-100, filed 2/27/73.]

Washington State Code Reviser's Office