EXPEDITED RULES
HEARINGS BOARD
Title of Rule and Other Identifying Information: Chapter 242-04 WAC, Public records.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Julie Ainsworth-Taylor, Rules Coordinator, Office of the Growth Management Hearings Boards, P.O. Box 40953, Olympia, WA 98504-0953, e-mail Juliet@cps.gmhb.wa.gov , AND RECEIVED BY no later than 5 p.m. on September 20, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of these amendments is to permanently amend certain sections of chapter 242-04 WAC which relate to an emergency rule-making order published in WSR 10-11-028. These amended sections reflect the consolidation of the three growth management hearings boards into a single, statewide growth management hearings board, a regional panel structure, and the creation of the position of administrative officer. Amendments are related to internal operations of the board.
1. Amend sections of chapter 242-04 WAC to reflect a single growth management hearings board, including number of members.
2. Amended sections reflect establishment of regional panel structure and the creation of the position of administrative officer.
3. Amended sections reflect meeting schedules.
Reasons Supporting Proposal: These amendments implement the requirements of SHB [SSB] 6214, enacted by the legislature in the 2010 legislative session, becoming effective on July 1, 2010. With this legislation, the structure of the growth management hearings board was changed in several regards: (1) Consolidation of three boards into a single entity, (2) regional panel structure to hear and decide cases, (3) creation of an administrative officer. Part of this reconfiguration is based on budgetary concerns and related to SHB 2935. Amendments are needed to update procedures related to the board's public records, including addressing the position of administrative officer and meeting schedules of the growth management hearings board. (Exempt from CR-101 requirement based on RCW 34.05.310 (4)(b), (e); filed under CR-105 based on RCW 34.05.353 (1)(a) and (d).)
Statutory Authority for Adoption: RCW 36.70.270(7).
Statute Being Implemented: Chapter 36.70A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Growth management hearings board, governmental.
Name of Agency Personnel Responsible for Julie Ainsworth-Taylor, P.O. Box 40953, Olympia, WA 98504-0953, (425) 441-8250.
July 8, 2010
James J. McNamara
Chair, Rules Committee
OTS-3177.2
AMENDATORY SECTION(Amending WSR 09-21-040, filed 10/13/09,
effective 11/13/09)
WAC 242-04-010
Purpose.
The purpose of this chapter is
to ensure compliance by ((each individual board, the joint
boards, and the office of)) the growth management hearings
board((s)) with the provisions of chapter 42.17 RCW, and in
particular with RCW 42.17.250 through 42.17.340, dealing with
public records.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-010, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-010, filed 10/15/92, effective 10/15/92.]
(2) (("Joint boards" means the three independent boards
meeting or acting jointly.)) "Administrative officer" means
the board member elected pursuant to RCW 36.70A.270(10).
(3) "Office of the growth management hearings board((s))"
means the administrative office of the ((three)) growth
management hearings board((s)) established in RCW 36.70A.250.
(4) "Public record" means 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 any state or local agency regardless of physical form or characteristics.
(5) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation((,))
including, but not limited to, letters, words, pictures,
sounds, or symbols, or combination thereof, and all papers,
maps, magnetic or paper tapes, photographic films and prints,
motion pictures, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
other documents, including existing data compilations from
which information may be obtained or translated.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-020, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-020, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-020, filed 10/15/92, effective 10/15/92.]
(2) The administrative chairpersons constitute the administrative committee of the joint boards.
(3) Regular meetings of each board will be held at the office of the growth management hearings boards or other designated location at the following times:
(a) Eastern Washington board - on the first Wednesday of each month at 10:00 a.m.
(b) Western Washington board - on the second Wednesday of each month at 11:00 a.m.
(c) Central Puget Sound board - on the first Monday of each month at 10:00 a.m.
(4))) shall annually elect one of its members to be the board administrative officer. The duties and responsibilities of the administrative officer include handling day-to-day administrative, budget, and personnel matters on behalf of the board, together with making case assignments to board members in accordance with the board's rules of procedure in order to achieve a fair and balanced workload among all board members. The administrative officer of the board may carry a reduced caseload to allow time for performing the administrative work functions.
(2) Regular meetings of the board will be held at the office, telephonically if desired, of the growth management hearings board, or a designated location on the first Wednesday of each month at 10:00 a.m. or following any scheduled hearing on that date.
(3) The ((joint)) board((s, comprised of the members of
the three individual boards,)) shall meet at least annually at
a time and location to be announced.
(((5))) (4) The office of the growth management hearings
board((s)) provides for the administrative operations of the
((three individual boards and the joint)) board((s)).
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-030, filed 10/13/09, effective 11/13/09; 00-09-094, § 242-04-030, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-04-030, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-030, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-040, filed 10/15/92, effective 10/15/92.]
((The)) Office of the Growth Management Hearings Board((s
(Insert name of appropriate board)))
319 - 7th Avenue S.E.
Olympia, WA 98501
P.O. Box 40953
Olympia, WA 98504-0953
360-586-0260
360-664-6975 fax
e-mail: eastern@ew.gmhb.wa.gov
western@wwgmhb.wa.gov
central@cps.gmhb.wa.gov
web site: ((www.gmhba.wa.gov))
www.gmhb.wa.gov
(2) All communications with the ((joint)) board((s))
shall be addressed as noted in subsection (1) of this section.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-050, filed 10/13/09, effective 11/13/09; 08-10-030, § 242-04-050, filed 4/28/08, effective 5/29/08; 03-15-047, § 242-04-050, filed 7/11/03, effective 8/11/03; 00-09-094, § 242-04-050, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-04-050, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-04-050, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-050, filed 11/22/94, effective 12/23/94; 94-07-033, § 242-04-050, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-04-050, filed 10/15/92, effective 10/15/92.]
(2) Such person shall be responsible for implementation of these rules and regulations regarding release of public records, and generally assuring compliance with the public records disclosure requirements of chapter 42.17 RCW, and in particular RCW 42.17.250 through 42.17.340.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-060, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-060, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-070, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-070, filed 10/15/92, effective 10/15/92.]
(1) A request shall be made in writing upon a form
prescribed by the ((joint)) board((s)) which shall be
available at the office of the growth management hearings
board((s)). A completed form shall be presented to the public
records officer or to any staff member at the office of the
growth management hearings board((s)) during customary office
hours. The request shall include the following information:
(a) The name and address of the person requesting the record and the organization represented, if any;
(b) The time of day and calendar date on which the request was made;
(c) A description of the material requested;
(d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;
(e) If the requested matter is not identifiable by reference to a current index, an appropriate identification of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-080, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-080, filed 10/15/92, effective 10/15/92.]
(1) Providing the record;
(2) Acknowledging that the public records officer has
received the request for ((an individual)) the board ((or the
joint boards)) and providing a reasonable estimate of the time
that the public records officer will require to respond to the
request. Additional time required to respond to a request may
be based upon the need to clarify the intent of the request,
to locate and assemble the information requested, to notify
third persons or agencies affected by the request, or to
determine whether any of the information requested is exempt
and that a denial should be made as to all or part of the
request. In acknowledging receipt of a public record request
that is unclear, the public records officer may ask the
requestor to clarify what information the requestor is
seeking. If the requestor fails to clarify the request, the
public records officer need not respond to it; or
(3) Denying the public record request.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-090, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-090, filed 10/15/92, effective 10/15/92.]
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-100, filed 10/13/09, effective 11/13/09; 98-01-144, § 242-04-100, filed 12/19/97, effective 1/20/98. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-100, filed 10/15/92, effective 10/15/92.]
(a) Personal information in files maintained for members
and employees of ((an individual)) the board, ((the joint
boards,)) or the office of the growth management hearings
board((s)), to the extent that disclosure would violate their
right to privacy;
(b) Preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
(c) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
(d) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(2) Pursuant to RCW 42.17.260, the public records officer reserves the right to delete identifying details when he/she makes available or publishes any public records, in all cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.
(3) All public records otherwise exempt by law shall be considered exempt under the provision of these rules.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-110, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-110, filed 10/15/92, effective 10/15/92.]
(1) No public records shall be removed from the office;
(2) Inspection of any public record shall be conducted in the presence of the public records officer or his/her designee;
(3) No public record may be marked or defaced in any manner during inspection;
(4) Public records which are maintained in the file jacket, or in chronological order, may not be dismantled except for purpose of copying, and then only by the public records officer or his/her designee;
(5) Access to file cabinets, shelves, vaults, and other storage locations is restricted to the public records officer, board members, and staff.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-130, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-130, filed 10/15/92, effective 10/15/92.]
(a) Final orders, including concurring and dissenting opinions, made in the adjudication of cases;
(b) Those statements of policy and interpretations of
policy, statute, and the Constitution which have been adopted
by ((an individual)) the board ((and/or the joint boards));
(c) Administrative staff manuals and instructions to staff that affect a member of the public;
(d) ((Individual board and joint)) Board planning
policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, a consultant's factual reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by
and with ((an individual)) a board, ((the joint boards,)) or
the office of the growth management hearings boards relating
to any regulations, supervisory or enforcement
responsibilities of the growth management hearings board((s)),
where ((an individual)) the board determines or is asked to
determine the rights of the state, the public, a subdivision
of state government, or of any private party.
(2) Availability. The current index promulgated by the public records officer shall be available for inspection by all persons under the same rules and on the same conditions as are applied to public records available for inspection.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-140, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 92-21-034, § 242-04-140, filed 10/15/92, effective 10/15/92.]
We have received your request for inspection of and/or
copies of our public records. Please complete this form and
return it with the amount required, if applicable. We will
forward the requested copies to you as soon as we receive this
completed form with payment.
[Statutory Authority: RCW 36.70A.270(7). 09-21-040, § 242-04-150, filed 10/13/09, effective 11/13/09. Statutory Authority: RCW 36.70A.270(6). 94-23-112, § 242-04-150, filed 11/22/94, effective 12/23/94; 92-21-034, § 242-04-150, filed 10/15/92, effective 10/15/92.]