Preproposal statement of inquiry was filed as WSR 04-23-016.
Title of Rule and Other Identifying Information: Chapter 139-02 WAC, Public disclosure.
Hearing Location(s): Washington State Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148, on Wednesday, March 9, 2005, at 10:00 a.m.
Date of Intended Adoption: March 9, 2005.
Submit Written Comments to: Sharon M. Tolton, Deputy Director, 19010 1st Avenue South, Burien, WA 98148, e-mail firstname.lastname@example.org, fax (206) 439-3860, by March 2, 2005.
Assistance for Persons with Disabilities: Contact Sonja Hirsch, Confidential Secretary, by March 2, 2005, TTY (206) 835-7300.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify, streamline, and reform agency procedures.
Reasons Supporting Proposal: Per Executive Order 97-02, each state agency shall begin a review of its rules that have significant effects on business, labor, consumers, and the environment. Agencies shall determine if their rules should be (a) retained in their current for [form] or (b) amended or repealed, if they do not meet the review criteria specified in the executive order.
Statutory Authority for Adoption: RCW 43.101.080.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Staff and Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sharon M. Tolton, Burien, (206) 835-7345.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.
A cost-benefit analysis is not required under RCW 34.05.328.
December 14, 2004
Sharon M. Tolton
AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)
WAC 139-02-020 Definitions. ((
(1) "Public records"
include any writing containing information relating to the
conduct of government or the performance of any governmental
or proprietary function prepared, owned, used or retained by
the commission regardless of physical form or characteristics.
(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
(3))) The definitions set forth in RCW 42.17.020 shall apply to this chapter.
In addition, "commission" means the criminal justice training commission.
(4) "Client" means any person or organization about
whom the commission has a record.
(5) "Disclosure" means inspection and/or copying.
(6) "Denial of disclosure" denotes any exempting from disclosure of any public record.))
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-020, filed 8/4/00, effective 9/4/00.]
(2) The commission shall at all times take the most
timely possible action on requests for disclosure((
shall be required to respond in writing within five business
days of receipt of the request for disclosure.
(3) Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-030, filed 8/4/00, effective 9/4/00.]
(a) The name of the person requesting the record;
(b) The calendar date on which the request is made; and
(c) The nature of the request.
(2) An in-person request for disclosure shall be made during customary business hours.
(3) If the public record contains material exempt from
disclosure pursuant to law, the commission must provide the
person requesting disclosure with a written explanation for
, pursuant to WAC 137-08-130.
(4) When a person's identity is relevant to an exemption, that person may be required to provide personal identification.
(5) Nothing in this section or elsewhere in this chapter shall be construed to require the commission to compile statistics or other information from material contained in public records, where doing so would unduly interfere with other essential functions of the commission and is not required for litigation by rules of pretrial discovery)).
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-050, filed 8/4/00, effective 9/4/00.]
(2) The commission shall collect a fee of ((
fifteen cents per page plus postage as reimbursement for the
cost of providing copies of public records.
(3) The commission may charge the actual cost for providing copies of public records, including duplication of photographs, audio tapes, video tapes, diagrams and/or drawings.
(4) Nothing contained in this section shall preclude the commission from agreeing to exchange or provide copies of manuals or other public records with other state or federal agencies, whenever doing so is in the best interest of the commission.
(4) The director of the commission or his or her
designee is authorized to waive any of the foregoing copying
costs.)) (5) The public records officer may waive the fee for
copies when the expense of processing the payment exceeds the
cost of providing the copies.
(6) Payment should be by check to the criminal justice training commission. The commission may require that all charges be paid in advance to the release of copies of records.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-070, filed 8/4/00, effective 9/4/00.]
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-080, filed 8/4/00, effective 9/4/00.]
(2) If the file does not contain materials exempt from disclosure, the public disclosure officer shall ensure full disclosure.
(3) If the file ((
does)) contains material(( s)) exempt
from disclosure, the public disclosure officer shall deny
disclosure of those exempt portions of the file, and shall, at
the time of the denial, in writing, clearly specify the
reasons for the denial of disclosure(( , including)). A
statement of the specific exemptions or reasons authorizing
the withholding of the record and a brief explanation of how
the exemption or reason applies. The remaining, nonexempt
materials shall be fully disclosed.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-090, filed 8/4/00, effective 9/4/00.]
(2) The commission will make available for public disclosure all indices which may at a future time be developed for agency use.)) The commission will maintain and make available for public inspection and copying an appropriate index or indices in accordance with RCW 42.17.260.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-02-110, filed 8/4/00, effective 9/4/00.]
(2) Immediately 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 director of the commission or their designee. The director or their designee shall immediately consider the matter and either affirm or reverse such denial within two business days following the receipt of the written request for review of the denial of the public record.
(3) Administrative remedies shall not be considered exhausted until the director or their designee has returned the petition with a decision or until the close of the second business day following receipt of the written request for review of the denial of the public record, whichever occurs first.
|WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION|
|REQUEST FOR PUBLIC RECORDS|
|Date . . . . . . . . . . . .||Time . . . . . . . . . . . .|
|Name . . . . . . . . . . . .|
|Address . . . . . . . . . . . .|
|Daytime phone number . . . . . . . . . . . .|
|Description of records:|
|. . . . . . . . . . . .|
|. . . . . . . . . . . .|
|. . . . . . . . . . . .|
|If my request is for a list of individuals, I certify that the information obtained through this request will not be sued for commercial purposes.|
|. . . . . . . . . . . .|
The following sections of the Washington Administrative Code are repealed:
|WAC 139-02-060||Disclosure to client's representative.|
|WAC 139-02-100||Qualifications on nondisclosure.|