PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-21-080.
Title of Rule: Rules of racing related to public records in chapter 260-08 WAC.
Purpose: To amend and/or repeal sections of chapter 260-08 WAC related to public records to ensure they comply with the public records laws of the state of Washington.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: Amending and/or [repealing] rules related to public records and public disclosure to comply with applicable sections in chapter 42.17 RCW.
Reasons Supporting Proposal: Current rules in chapter 260-08 WAC are in conflict with specific sections or the public records laws in chapter 42.17 RCW.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: To amend and/or repeal sections of chapter 260-08 WAC which are in conflict with public records and public disclosure laws in chapter 42.17 RCW.
Proposal Changes the Following Existing Rules: WAC 260-08-620, eliminates references to informal records requests; WAC 260-08-630, conforms fees for copying with RCW 42.17.300; WAC 260-08-650, establishes a specific review process when public records are denied. Also eliminates timeframes in conflict with public records laws; WAC 260-08-660, eliminates unclear language; and repealing WAC 260-08-600, 260-08-610, and 260-08-640.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Sorby by February 6, 2004.
Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.
Date of Intended Adoption: February 12, 2004.
December 29, 2003
R. M. Leichner
Executive Secretary
OTS-6793.1
AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93,
effective 12/20/93)
WAC 260-08-620
Requests for public records.
Persons
requesting opportunity to copy or inspect the commission's
public records shall follow these procedures:
(1) ((Informal oral requests may be made to the
commission's main office.
(2) The commission may require a person who has made an informal request to submit a formal written request.
(3))) All requests to copy or inspect public records shall be made in writing.
(2) All ((formal)) requests shall be submitted by mail or
personally to the commission's main office.
(((4))) (3) Each ((formal)) request shall include the
following information:
(a) The name of the person or persons making the request.
(b) The ((time of day and)) calendar date on which the
request is made.
(c) The nature of the request, including description of the requested records by title, subject matter, date and other means of enabling the staff of the commission to identify the requested records and make them available.
(d) A signed statement that the material will not be used for commercial purposes, in the event that a list of any type is included in the material requested.
(((5))) (4) The staff of the commission shall assist any
person making a request((, whether formal or informal,)) in
identifying the requested record or records ((but in the case
of formal request)), and return the ((formal)) request for
resubmission with additional description of the requested
records.
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-620, filed 11/19/93, effective 12/20/93.]
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-630, filed 11/19/93, effective 12/20/93.]
(2) After receiving a written request for review of a
decision denying a public record, the ((public records officer
or other)) staff member denying the request shall refer it to
the ((chairperson of the commission)) executive secretary or
his or her designee. The ((chairperson of the commission))
executive secretary or designee shall immediately consider the
matter and either affirm or reverse such denial, in whole or
in part, within ((five)) two business days following the
original denial.
(3) Administrative remedies shall not be considered
exhausted until the ((chairperson of the commission))
executive secretary or his or her designee has returned the
petition with a decision or until the close of the ((fifth))
second business day following denial of inspection, whichever
occurs first.
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-650, filed 11/19/93, effective 12/20/93.]
(2) Original copies of public records shall not be removed from premises where maintained by the office.
(3) Care and safekeeping of public records of the commission, furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.
(4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.
(5) ((Boisterous or otherwise disruptive conduct by those
requesting public records of the commission shall not be
permitted.)) Persons requesting, inspecting, or copying public
records shall not disrupt the commission office.
[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-660, filed 11/19/93, effective 12/20/93.]
The following sections of the Washington Administrative Code are repealed:
| WAC 260-08-600 | Disclaimer of public liability. |
| WAC 260-08-610 | Public records -- Officer. |
| WAC 260-08-640 | Exemptions. |