PERMANENT RULES
Effective Date of Rule: January 1, 2008.
Purpose: The gambling commission is rewriting its rules manual using plain English techniques. We anticipate the project will be completed by January 1, 2008. The rules manual is being broken into sections and rewritten a section at a time. Any substantive changes made to rules related to public disclosure are identified below which outlines the changes. This new chapter incorporates rules that relate to public disclosure.
disclosure rules changed
SUBSTANTIVE RULE CHANGES:
Post-1/1/2008 WAC 230-21-005 Purpose.
Pre-1/1/2008 WAC 230-60-001 Purpose.
This rule was amended to change the RCW reference number. When the RCW was recodified the number our rule referred to was no longer in use.
REPEALER
Pre-1/1/2008 WAC 230-60-010 Definitions.
This rule was repealed to reflect the current Public Records Act, chapter 42.56 RCW.
Post-1/1/2008 230-21-005 Types of public records, location,
and times available.
Pre-1/1/2008 WAC 230-60-025 Public records available -- Location -- Time available.
The rule needed to be updated to reflect the current version of the Public Records Act. References to chapter 42.17 RCW and chapter 230-60 WAC are removed and replaced by references to chapter 42.56 RCW. Also, the reference to nondisclosure of "investigative procedures," is eliminated. Availability of records is clarified.
Post-1/1/2008 WAC 230-21-015 Public records officers.
Pre-1/1/2008 WAC 230-60-030 Public records officers.
The only change to the rule is to update a citation to the Public Records Act.
REPEALER
Pre-1/1/2008 WAC 230-60-035 Office hours.
The current rule is repetitive and needs to be repealed. The agency's normal office hours are stated in WAC 230-21-005.
Post-1/1/2008 WAC 230-21-020 Requests for public records.
Pre-1/1/2008 WAC 230-60-040 Requests for public records.
The rule is updated to reflect compliance with the current Public Records Act, chapter 42.56 RCW. Requests for public disclosure no longer require the requestor to refer to the "current commission record index," so that subpart has been eliminated from the rule.
Post-1/1/2008 WAC 230-21-015 Public records officers.
Pre-1/1/2008 WAC 230-60-030 Public records officers.
The only change to the rule is to update a citation to the Public Records Act.
REPEALER
Pre-1/1/2008 WAC 230-60-045 Copying.
We are repealing WAC 230-60-045, rule governing fee for copying public records because it is covered in the Public Records Act, RCW 42.56.120.
REPEALER
Pre-1/1/2008 WAC 230-60-050 Exemptions.
Staff is proposing to repeal WAC 230-60-050 (1) and (2), sections covering exemptions for public records and the agency requirements for denying requests based on exemptions because they are established in the Public Records Act, RCW 42.56.070.
REPEALER
Pre-1/1/2008 WAC 230-60-065 Records index.
Staff is proposing to repeal WAC 230-60-065, which reiterates the agency's requirement to maintain a system of indexing for the dissemination of public records because it is covered in the Public Records Act, RCW 42.56.070(5).
REPEALER
Pre-1/1/2008 WAC 230-60-100 Interpretive and policy statements.
Staff repealed WAC 230-60-100, interpretative and policy statement, because the information it covers is in the Administrative Procedure Act, RCW 34.05.230.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 07-16-087 filed on July 30, 2007, and published August 15, 2007.
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 55[6], Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 55[6], 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 55[6], Amended 0, Repealed 0.
Date Adopted: September 14, 2007.
Susan Arland
Rules Coordinator
OTS-9882.1
PUBLIC DISCLOSURE
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(1) Location of public records - All public records of the commission are located at our administrative office in Lacey.
(2) Times available - All public records are available for inspection and copying during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Unless someone makes in advance a written request to view them, public records may not be available during the period 12:00 noon to 1:00 p.m.
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(1) Implementing our rules regarding the release of public records;
(2) Coordinating the staff of the commission in this regard;
(3) Maintaining, keeping current, and publishing an index of all agency records as chapter 42.56 RCW requires; and
(4) Generally insuring staff complies with chapter 42.56 RCW.
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(1) Make a request in writing on the form we require and have available at our administrative office; and
(2) Present the form at our administrative office during normal office hours to commission staff designated to receive requests, or send it by mail; and
(3) Commission staff must assist the public in identifying the appropriate public record requested; and
(4) If a person is not specifically authorized by law to obtain lists of names of individuals from public records, that person must complete a statement agreeing not to release or use the public record information for commercial purposes.
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(1) The specific exemption that authorizes us to withhold the record; and
(2) A brief explanation of how the exemption applies to the record we withheld.
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(1) Individuals may inspect the public records at the administrative offices where we file and maintain the records. An authorized member of our staff must accompany and observe the inspection.
(2) We will deny inspection and withdraw the records if the individual inspecting the records:
(a) Is damaging, altering, or substantially disorganizing them; or
(b) Attempts to remove them; or
(c) Is excessively interfering or will unduly interfere with our other essential functions.
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