PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-06-055.
Title of Rule: WAC 390-14-035 Exempting records from public inspection.
Purpose: Specifies when information is to be deleted from records prior to public release.
Statutory Authority for Adoption: RCW 42.17.370(1).
Statute Being Implemented: RCW 42.17.310 and 42.17.320.
Summary: The proposed amendment brings WAC 390-14-035 into full compliance with the statutes that it implements.
Reasons Supporting Proposal: Updates the rule to reflect statutory changes.
Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.
Name of Proponent: Public Disclosure Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The public records provisions of chapter 42.17 RCW have been amended over the years to provide specific exemptions from disclosure. Currently, WAC 390-14-035 includes general language regarding when the agency's public records officer is to redact information from documents before making them public. The proposed amendment removes this general language and says that redaction will occur if information in the document is exempt from disclosure pursuant to RCW 42.17.310 or elsewhere in the public disclosure law. Since the law has always been the controlling document, this proposed change will no impact the public.
Proposal Changes the Following Existing Rules: The change is technical rather than substantive.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an economic impact on small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not specified in section 201, chapter 403, Laws of 1995, as being subject to this section nor has it been brought under the section as otherwise provided in the chapter law.
Hearing Location: Senate Hearing Room #2, John A. Cherberg Building, First Floor, 304 15th Avenue, Capitol Campus, Olympia, WA, on May 25, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Jennifer Alloway, 753-1111.
Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112 by May 12, 1999.
Date of Intended Adoption: May 25, 1999.
April 16, 1999
Vicki Rippie
Assistant Director
OTS-3063.1
AMENDATORY SECTION(Amending Order 85-03, filed 7/9/85)
WAC 390-14-035
Exempting records from public inspection.
(1) The public records
officer shall delete information ((the disclosure of which would violate personal privacy or
endanger vital government interests from any record prior to permitting public inspection or
copying)) from any record prior to permitting public inspection or copying if the information is
exempt from disclosure according to RCW 42.17.310 or another section of chapter 42.17 RCW. After such data is deleted, the remainder of the record shall be made available.
(2) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.
[Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-14-035, filed 7/9/85; Order 62, § 390-14-035, filed 8/26/75.]