WSR 97-02-002
PERMANENT RULES
LAND USE STUDY COMMISSION
[Filed December 19, 1996, 2:22 p.m.]
Date of Adoption: October 8, 1996.
Purpose: To implement the requirements of the Public Records Act, chapter 42.17 RCW.
Statutory Authority for Adoption: Chapter 90.61 RCW and RCW 42.17.250.
Adopted under notice filed as WSR 96-16-091 [96-16-095] on August 7, 1996.
Changes Other than Editing from Proposed to Adopted Version: (1) Added subsection (3) to WAC 294-04-050 directing staff to respond to requests in a reasonable amount of time; and (2) corrected cross references in WAC 294-04-080 and made reference to statute establishing date commission expires.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 8, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 8, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
T. Ryan Durkan
Chair
LAND USE STUDY COMMISSION
PUBLIC RECORDS ACCESS
NEW SECTION
WAC 294-04-010 Purpose of chapter. The purpose of this chapter
shall be to ensure compliance by the land use study commission
(hereinafter referred to as the "commission"), including its members and
staff, with the provisions of chapter 42.17 RCW (Initiative 276), and in
particular with RCW 42.17.250 through 42.17.320 dealing with public
records.
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NEW SECTION
WAC 294-04-020 Public records available. All public records of the
commission as defined in WAC 294-04-030 are available for public
inspection and copying at the Land Use Study Commission, Ninth and
Columbia Building, Olympia, Washington 98504, pursuant to these rules,
except as otherwise provided by RCW 42.17.310.
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NEW SECTION
WAC 294-04-030 "Public record" defined. "Public record" means any
paper, correspondence, completed form, record book, photograph, map, or
drawing, regardless of physical form or characteristics, and including
records stored on magnetic, electronic, or optical media, and including
all copies thereof, that have been made by the commission or received by
it in connection with the transaction of public business.
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NEW SECTION
WAC 294-04-040 Protection of public records. It is the policy of
the commission, in order to protect public records from damage or
disorganization and to prevent excessive interference with other
essential functions of the commission, that original copies of records
shall not be removed from a commission office by anyone other than a
staff member or other officially authorized person unless special
circumstances make the removal necessary or desirable, and protection of
the record is reasonably assured. Before such removal is allowed a
receipt itemizing the contents of the record and giving the address and
telephone number of the place where it will be kept shall be signed by
the person taking the record and approved in writing by the person in
charge of the office or division responsible for the record.
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NEW SECTION
WAC 294-04-050 Requests for public records. Public records may be inspected or copied or copies of such records may be obtained consistent with chapter 42.17 RCW (unreasonable invasions of privacy, protection from damage/disorganization, and excessive interference) by members of the public, upon compliance with the following procedures:
(1) A request shall be made in writing which shall be presented to the commission staff. The request shall include the following information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) A reference to the requested record as it is described in any current index, if the matter requested is referenced within indexes;
(e) An appropriate description of the record requested, if the requested matter is not identifiable in the indexes.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the commission staff to assist in appropriately identifying the public record requested.
(3) Commission staff shall respond to a request in a reasonable
period of time, taking into account the nature and number of documents
requested.
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NEW SECTION
WAC 294-04-060 Copying. The land use study commission may charge
a fee of ten cents per page for providing copies of public records and
for use of the office's copy equipment.
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NEW SECTION
WAC 294-04-070 Address for communications. All requests for information, documentation, etc., should be submitted to the:
Land Use Study Commission
Department of Community, Trade,
and Economic Development
P.O. Box 48300
Olympia, Washington 98504-8300
(360) 586-1274
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NEW SECTION
WAC 294-04-080 Expiration. WAC 294-04-010 through 294-04-070 shall
expire on the date the commission expires, as provided in RCW 90.61.900.
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