WSR 03-14-063



(Office of the Secretary)

[ Filed June 25, 2003, 4:31 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-10-087.

Title of Rule: WAC 388-01-030 What DSHS records are available?

Purpose: Amendments to this rule will clarify: Which DSHS records are available to the public by law; which public records are not generally available and are confidential; that an individual may have access to a confidential record about him or herself, or how an authorized representative of the individual may have such access; and, which DSHS records are available without a public disclosure request.

Statutory Authority for Adoption: RCW 42.17.250 and 42.17.260.

Statute Being Implemented: RCW 42.17.250, 42.17.260, and 42.17.300.

Summary: See Purpose above.

Reasons Supporting Proposal: The proposed rule will clarify which DSHS records may be available to the public and which records may be available to an individual.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bernie H. Friedman, Department of Social and Health Services, Office of the Secretary, P.O. Box 45010, Olympia, WA 98504-5010, (360) 902-7860.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule clarifies department record disclosure policy and does not create new costs for small business.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule describes the department's policy pertaining to consistent internal operations, and is a "procedural rule" under RCW 34.05.328 (5)(c)(i)(C). The rule is not a "significant legislative rule" as defined in RCW 34.05.328, and the provisions of this statute do not apply.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 5, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 29, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, Rules Coordinator, Department of Social and Health Services, Rules and Policies Assistance Unit, delivered to 4500 10th Avenue S.E., Lacey, WA, mail to P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, or e-mail, by 5:00 p.m., August 5, 2003.

Date of Intended Adoption: Not earlier than August 6, 2003.

June 23, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-15-065, filed 7/19/99, effective 8/19/99)

WAC 388-01-030   What ((department)) DSHS records are ((considered public)) available?   (1) ((Public records are those records that are not confidential or otherwise exempt from release to the public.)) DSHS prepares and keeps public records that relate to the programs it administers. All records DSHS uses to conduct business are public records.

(((2) Different types of)) DSHS public records may include((:)), documents, audio and video recordings, pictures, ((electronic disks, and magnetic tapes)) e-mail, computer disks and electronic data.

(2) DSHS records are available to the public unless a law exempts them from disclosure. Some DSHS records contain confidential information that is not available to everyone.

(3) You, or someone authorized to act for you or by you, may have access to confidential records about you that would otherwise be exempt from disclosure to the public.

(4) Upon your request, DSHS may give you records such as rules, policies, indexes, interpretive statements, pamphlets, forms and other publications at cost under WAC 388-01-180 without using the public records disclosure process.

[Statutory Authority: RCW 42.17.250 and 34.05.220. 99-15-065, 388-01-030, filed 7/19/99, effective 8/19/99.]

Legislature Code Reviser 


Washington State Code Reviser's Office