WSR 02-20-024

PERMANENT RULES

TOBACCO SETTLEMENT AUTHORITY


[ Filed September 23, 2002, 1:16 p.m. ]

Date of Adoption: September 18, 2002.

Purpose: Description of organization -- Public records policy, the rule implements the rule-making requirements of RCW 34.05.220 (1)(b) and the public records provisions of chapter 42.17 RCW.

Statutory Authority for Adoption: RCW 43.340.030 [(1)](h).

Other Authority: RCW 34.05.220 (1)(b).

Adopted under notice filed as WSR 02-13-092 on June 18, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 11, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

September 18, 2002

Paul Edwards

Deputy Director

Title 465 WAC

Tobacco Settlement Authority

Chapter 465-10 WAC

Description of organization -- Public records policy
NEW SECTION
WAC 465-10-010   Purpose.   The purpose of this chapter is to implement the rule-making requirements of RCW 34.05.220 (1)(b) and the public records provisions of chapter 42.17 RCW.

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NEW SECTION
WAC 465-10-020   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Act" means chapter 365, Laws of 2002.

(2) "Authority" means the Tobacco Settlement Authority established pursuant to the act. Where appropriate, the term "authority" also refers to the staff and employees of the authority.

(3) "Public Records Act" means chapter 42.17 RCW.

(4) "State" means the state of Washington.

(5) The terms defined in the act and the Public Records Act shall have the same meaning when used in these rules.

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NEW SECTION
WAC 465-10-030   Description of organization and operations.   The following is a description of the authority's organization and the general course and method by which the authority's operations are conducted.

(1) The authority is a state agency and public instrumentality created by the act.

(2) The authority is created to assist in securitizing the revenue stream from the master settlement agreement between the state and tobacco product manufacturers in order to provide a current and reliable source of revenue for the state. To this end, the authority is authorized to enter into sales agreements with the state for purchase of a portion of the amounts due under the master settlement agreement and to issue bonds secured by revenues derived under any sales agreement.

(3) The authority's powers and duties are described in the act.

(4) Pursuant to the act, the staff of the Washington State Housing Finance Commission under chapter 43.180 RCW provides administrative and staff support to the authority.

(5) The authority's office is located at the offices of the Washington State Housing Finance Commission at 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046.

(6) The authority's telephone number is (206) 464-7139.

(7) The authority's fax number is (206) 587-5113.

(8) The authority's website is at www.tsa-wa.org and e-mails may be sent to the authority by accessing that site. The authority shall accept public records requests only at the locations and through the means described in WAC 465-10-040.

(9) The executive director of the authority is the executive director of the Washington State Housing Finance Commission. As the chief administrative officer of the authority, the executive director is delegated authority over matters affecting the operation of the authority.

(10) The authority conducts its meetings in compliance with the Open Public Meetings Act, chapter 42.30 RCW and chapter 465-20 WAC.

(11) The authority's generally applicable statements of procedure are adopted as authorized by the act and contained in chapter 465-20 WAC.

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NEW SECTION
WAC 465-10-040   Where and when public records may be obtained.   (1) The authority's hours of operation are from 9:00 a.m. until 12:00 noon, and from 1:00 p.m. until 4:00 p.m., Monday through Friday, excluding legal holidays.

(2) The public may obtain public records during these hours of operation, as follows:

(a) Mail. The public may mail public records requests to the authority at any time. Requests by mail shall be addressed to the authority's mailing address: Tobacco Settlement Authority, c/o Public Records Officer, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046. The front of the envelope shall conspicuously state: "Public Records Request."

(b) Fax. The authority will accept public disclosure requests by fax. Fax requests shall be addressed to the "Tobacco Settlement Authority, c/o Public Records Officer" with the subject line "Public Records Request" and sent to (206) 587-5113.

(c) In person. In person requests shall be made during the authority's hours of operation, at the authority's office.

(d) Telephone. Requests may not be made by telephone.

(e) E-mail. Requests may not be made by e-mail.

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NEW SECTION
WAC 465-10-050   Public records available.   (1) The public may obtain public records of the authority under these rules, in accordance with chapter 42.17 RCW, and except as otherwise provided by law.

(2) Public records are available for public inspection and copying during the hours of operation of the authority (unless the requesting party and the authority agree on a different time) at the authority's offices in accordance with the procedures set forth herein.

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NEW SECTION
WAC 465-10-060   Public records officer.   The authority shall designate a public records officer to have charge of its public records. The public records officer shall be responsible for implementing the authority's public disclosure rules and for coordinating staff and employees in this regard. The public records officer may choose such designees as may be appropriate.

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NEW SECTION
WAC 465-10-070   Requests for public records.   Chapter 42.17 RCW requires the authority to prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions and unreasonable disruptions of operations. Accordingly, the public may inspect, copy, or obtain copies of public records upon compliance with the following procedures:

(1) A member of the public who seeks a public record shall make a written request. No particular form of writing is required so long as the request contains the following information:

(a) The name, mailing address, and telephone number of the person requesting the record.

(b) The calendar date on which the request is made.

(c) Identification of the record requested with sufficient particularity that the authority can identify the requested record and make it available. Such identifying information might include the title, subject matter, and date of the record.

(d) A signed statement that the records will not be used for commercial purposes if a list of individuals is being requested, or for any other use prohibited by law.

(2) To facilitate processing the request, the person requesting the record may also include:

(a) A fax number.

(b) A reference to the record as it is described in the current public record index maintained by the authority.

(3) The public may make written public records requests to the authority, by mail or fax in accordance with WAC 465-10-040. Members of the public making public records requests in person who have not reduced their request to writing shall be asked to complete a short form with the needed information. The purpose of requiring written requests is to assist the authority in tracking, managing, and responding to requests in a timely and orderly fashion.

(4) The authority shall assist persons making public records requests to appropriately identify the public records being sought. The authority may ask the requesting party to clarify what information is being sought.

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NEW SECTION
WAC 465-10-080   Copying and fees.   (1) Copying.

(a) The authority shall make copies on the authority's copy equipment when doing so will not unreasonably disrupt the operations of the authority or cause excessive interference with other essential functions.

(b) Persons requesting public records may use their own copying equipment and paper without charge when the use of such equipment does not cause damage or disorganization to the public records, unreasonably impede the operations of the authority or cause excessive interference with other essential functions. The authority may supervise such copying at all times.

(2) Fees.

(a) The authority shall not charge a fee for locating documents, for making them available, or for inspection of public records by the public.

(b) The authority will charge a fee of 25c per page for providing copies of public records and for use of the authority's equipment. The authority may impose a reasonable fee for mailing costs, postage, delivery costs, and other costs directly incident to copying the records. The authority shall not charge fees that exceed the amount necessary to reimburse the authority for its actual costs.

(c) The authority shall not provide copies to requesting parties unless associated fees have been paid in full by cash, check, or money order. To ensure that copies requested and made are actually paid for, the authority may require payment prior to making the copies.

(d) The authority may agree to provide copies without fee to federal, state, local, or tribal governments, or to others, when doing so is in the best interest of the authority.

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NEW SECTION
WAC 465-10-090   Disclosure procedure.   (1) The authority shall review the requested public records prior to disclosure.

(2) If the records do not contain materials exempt from public disclosure, the authority shall disclose the records.

(3) If the records contain materials exempt from public disclosure, the authority shall deny disclosure of the exempt materials and disclose any remaining, nonexempt materials. At the time of the denial, the authority shall clearly specify in writing the reasons for the denial, including a statement of the specific exemptions or reason for denial of disclosure.

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NEW SECTION
WAC 465-10-100   Review of denials of requests for public records.   For the purpose of judicial review, final agency action is deemed to have occurred at the end of the second business day after the requesting party receives notification of a denial of inspection.

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NEW SECTION
WAC 465-10-110   Records index.   (1) Availability. The authority shall maintain and make available for public inspection and copying an index that provides identifying information for public records falling within the requirements of RCW 42.17.260.

(2) Form and content. The index shall be maintained in electronic form with copies available on paper. The index shall contain topic and subtopic headings.

(3) Location and availability. The index shall be available to the public under the same rules and on the same conditions as are applied to other public records.

(4) Schedule for revisions and updates. The authority will revise and update the index biennially.

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Washington State Code Reviser's Office