WSR 15-01-141

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 22, 2014, 7:58 a.m.]

Subject of Possible Rule Making: Chapter 170-01 WAC, Disclosure of public records. Defining the term "commercial purposes" as used in the chapter, updating outdated references, and making nonsubstantive edits and technical changes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.060, 43.215.070, chapter 43.215 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under WAC 170-01-0230(2) the department of early learning (DEL) may deny a request to disclose records if "[t]he request is for lists of individuals for commercial purposes … ". A definition of "commercial purposes["] is needed to clarify the proposer [proper] use of public records and under what circumstances a request for public records may be denied. Under WAC 170-01-0120 (2)(vi), a request for public records seeking lists of individuals or businesses must contain "a statement that the list will not be used for commercial purposes … ". A definition of "commercial purposes" is needed to clarify under what circumstances the statement is required.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: To the extent practicable, DEL intends to seek public input during the rule drafting and development process. At a later date, DEL will file proposed rules (more than one proposed rule-making notice may be filed), hold a public hearing or hearings, and accept written comments before adopting permanent rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals and organizations wishing to receive draft and proposed materials may join a DEL rules mailing list by contacting the DEL rules coordinator at Rules@del.wa.gov, by fax (360) 586-0533, or by writing to Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970.

December 17, 2014

Matt Judge

Rules Coordinator