Date of Adoption: July 18, 2001.

Purpose: To update agency WAC in four areas: Public records, where information is added regarding Interagency Committee (IAC) support of the Salmon Recovery Funding Board (RCW 79A.25.240) and routine improvements made to improve clarity, revise certain fees, and add definition. Deadlines, where a section on waivers was clarified. Land and water conservation fund, where text was added to ensure eligibility of a specific category of projects. Editorial corrections, where the numbers in a WAC and RCW citation were corrected and the word "appropriately" was changed to "promptly" as indicated in RCW 42.17.320.

Citation of Existing Rules Affected by this Order: Amending chapter 286-06 WAC, WAC 286-13-040, 286-40-020, 286-06-050, 286-06-065, 286-06-080, 286-06-090, 286-06-100, 286-06-110, and 286-06-120.

Statutory Authority for Adoption: RCW 34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW.

Adopted under notice filed as WSR 01-09-025 on April 10, 2001.

Changes Other than Editing from Proposed to Adopted Version: Numbers in a WAC and RCW citation were corrected and the word "appropriately" was changed to "promptly" as indicated in RCW 42.17.320.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 5, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 10, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

August 13, 2001

Greg Lovelady

Rules Coordinator

OTS-4619.3

NEW SECTION
WAC 286-06-045   Committee and the salmon recovery funding board.   The committee provides support to the salmon recovery funding board, as directed in RCW 79A.25.240, including administration and management of the salmon board's public records. Such records shall be managed and made available through the committee's public records officer in the same manner as provided for committee records and set forth in this chapter.

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[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-050, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-06-050, filed 12/8/82; Order 73-4, 286-06-050, filed 12/19/73.]

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-060, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-06-060, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 78-03-032 (Order 78-1), 286-06-060, filed 2/17/78; Order 73-4, 286-06-060, filed 12/19/73.]

(a) Provide identifying information as to its files and records;

(b) Are available for public inspection and copying at its offices in the Natural Resources Building, Olympia, in the manner provided in this chapter for the inspection and copying of public records;

(c) Are updated at least ((once a)) every five years and revised at appropriate intervals;

(d) Are public records even if the records to which they refer may not, in all instances, be subject to disclosure.

(2) Indexes of the following records and files are available:

(a) Archived files;

(b) Equipment inventory;

(c) ((Summaries and memoranda of committee meetings;

(d) General)) Committee and board policies and procedures, including manuals;

(((e))) (d) Active project files;

(((f))) (e) Publications ((including grant program manuals, state-wide plans, technical assistance)) such as brochures and special reports;

(((g) Final adjudicative proceeding orders entered after June 30, 1990, as defined in RCW 34.05.010(1) that contain an analysis or decision of substantial importance to the committee in carrying out its duties (each listed alphabetically by subject with a phrase describing the issue or issues and relevant citations of law);

(h) Declaratory orders entered after June 10, 1990, that contain an analysis or decision of substantial importance to the committee in carrying out its duties (each listed alphabetically by case name with a phrase describing the issue or issues and relevant citations of law);

(i) Interpretive statements as defined in RCW 34.05.010(8) (each indexed by the committee program);

(j))) (f) Policy statements entered after June 30, 1990, as defined in RCW 34.05.010(((14) (also see)) (15), including grant program manuals(()));

(g) Rule-making files, as described in RCW 34.05.370, for each rule proposed for adoption in the State Register and adopted.

(3) The following general records and files are available by reference to topic, and generally arranged alphabetically or chronologically within such topic. Due to volume, costs and/or complexity, however, no master index is maintained.

(a) Administrative files;

(b) Comprehensive park-recreation plans;

(c) Summaries of committee staff meetings;

(d) Closed/inactive project files;

(e) General correspondence;

(f) Attorney general opinions;

(g) Financial records;

(h) Summaries and memoranda of committee and board meetings;

(i) Final adjudicative proceeding orders entered after June 30, 1990, as defined in RCW 34.05.010(1) that contain an analysis or decision of substantial importance to the committee or board in carrying out its duties (each listed alphabetically by subject with a phrase describing the issue or issues and relevant citations of law);

(j) Declaratory orders entered after June 10, 1990, that contain an analysis or decision of substantial importance to the committee or board in carrying out its duties (each listed alphabetically by case name with a phrase describing the issue or issues and relevant citations of law);

(k) Interpretive statements as defined in RCW 34.05.010(8) (each indexed by the committee or board program).

(4) Before June 30, 1990, the committee maintained no index of:

(a) Declaratory orders containing analysis or decisions of substantial importance to the committee in carrying out its duties;

(b) Interpretive statements as defined in RCW 34.05.010(8);

(c) Policy statements as defined in RCW 34.05.010(14).

[Statutory Authority: RCW 42.17.260. 98-08-014, 286-06-065, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-065, filed 8/17/94, effective 9/17/94.]

(1) A request shall be made in writing, preferably on a form prescribed by the director, which shall be available at its Olympia office or electronically. The ((form)) request shall be presented to the public records officer or designee. 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)) Whenever a member of the public ((is making)) makes a request, ((it shall be the obligation of)) the public records officer or designee ((to assist)) shall ensure the request receives a "date received" stamp or equivalent notation and that assistance is provided in ((appropriately)) promptly identifying the public record requested as defined in RCW 42.17.320. The agency shall assist to the maximum extent consistent with ongoing operations, and retains the authority to condition records access to prevent unreasonable invasions of privacy, access to other information protected from disclosure by law, damage/disorganization, and excessive interference with office operations and equipment.

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-080, filed 8/17/94, effective 9/17/94; Order 73-4, 286-06-080, filed 12/19/73.]

(2) The director shall charge a fee of ((ten)) fifteen cents per page for providing copies of public records and for use of the committee's copy equipment. Copying in other formats shall be subject to a fee established by the director. These charges ((are)) will be the amount necessary to reimburse the committee for its actual costs incident to such copying.

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-090, filed 8/17/94, effective 9/17/94; Order 73-4, 286-06-090, filed 12/19/73.]

(2) In addition, pursuant to chapter 42.17 RCW, the committee and/or board and the director reserve((s)) the right to delete identifying details when made available or published in cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy, or would disclose information otherwise protected by law.

(3) All denials of requests for public records, in whole or part, ((must)) will 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 (or part) and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-100, filed 8/17/94, effective 9/17/94; Order 73-4, 286-06-100, filed 12/19/73.]

(2) After receiving a written request for review of a decision denying inspection of a public record, the director, or designee, will either affirm or reverse the denial by the end of the second business day following receipt according to RCW 42.17.320. This shall constitute final committee and/or board action. Whenever possible in such matters, the director ((or designee)) shall first consult with the committee's or board's chair and((/or office of the attorney general)) members.

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-110, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-06-110, filed 12/8/82; Order 73-4, 286-06-110, filed 12/19/73.]

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-120, filed 8/17/94, effective 9/17/94; Order 73-4, 286-06-120, filed 12/19/73.]

OTS-4754.1

AMENDATORY SECTION(Amending WSR 00-05-008, filed 2/4/00, effective 3/6/00)

WAC 286-40-020   Funding and candidate selection.   Funding for projects approved under this chapter is from ((the recreation resource account)) any eligible account administered by the committee. Candidate project(s) are recommended by the director, and approved by the committee. Selection criteria include:

(1) How well the project(s) has ranked in the evaluation;

(2) How well the project(s) meets needs identified in the state-wide comprehensive outdoor recreation planning program and the general goals identified in WAC 286-04-030;

(3) How well the project(s) meets the criteria in the Land and Water Conservation Fund Grants Manual;

(4) An assessment of how quickly the project(s) will progress through planning and implementation stages.

[Statutory Authority: RCW 43.99.080(2). 00-05-008, 286-40-020, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-08-003 286-40-020, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-40-020, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-40-020, filed 8/17/94, effective 9/17/94.]

OTS-4620.1

AMENDATORY SECTION(Amending WSR 98-08-014, filed 3/18/98, effective 4/18/98)

WAC 286-13-040   Deadlines -- Applications, plans, and matching resources.   (1) Applications. To allow time for review, applications must be submitted at least four calendar months before the funding meeting at which the applicant's project is first considered. Applications must be completed in final form and on file with the committee at least one calendar month before this meeting. Excepted are applications for the National Recreational Trails Funding Act, Riparian Habitat, and Youth Athletic Facilities Programs, and programs where the director specifically establishes another deadline to accomplish new or revised statutory direction.

(2) Plans. For purposes of project evaluation, all nonhighway and off-road vehicle program, park, recreation, or habitat plans required for participation in committee grant programs must be complete and on file with the committee at least three calendar months before the funding meeting at which the applicant's project is first considered. On the director's acceptance of the plan, the applicant shall be granted eligibility to submit applications for a period of up to six years.

(3) Matches. To allow time for development of funding recommendations, written assurance must be provided whenever matching resources are to be considered as a part of an application. This assurance must be provided by the applicant to the committee at least one calendar month before the meeting at which the project is to be considered for funding.

(4) Project agreement. An applicant has three calendar months from the date of the committee's mailing of the project agreement to execute and return the agreement to the committee's office. After this period, the committee or director may reject any agreement not signed and returned and reallocate the grant funds to another project(s).

(5) Waivers. Compliance with these deadlines is required for eligibility unless a waiver is granted by the director. Such waivers are considered based on several factors which may ((include)) vary with the type of waiver requested, including:

(a) When the applicant started the application/planning process (for application and plan deadline waivers);

(b) ((What)) Progress ((has been)) made;

(c) When final plan adoption will occur (for plan deadline waivers);

(d) The cause of the delay (procedural or content related, etc.);

(e) Impact on the committee's evaluation process;

(f) Equity to other applicants; and

(g) Such other information as may be relevant.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 98-08-014, 286-13-040, filed 3/18/98, effective 4/18/98; 97-17-004, 286-13-040, filed 8/7/97, effective 9/7/97; 96-08-044, 286-13-040, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-13-040, filed 8/17/94, effective 9/17/94.]

Washington State Code Reviser's Office