Preproposal statement of inquiry was filed as WSR 07-21-102 [07-21-101].
Title of Rule and Other Identifying Information: Chapter 314-60 WAC, Public records, amending WAC 314-60-010, 314-60-040, 314-60-070, 314-60-080, 314-60-090, 314-60-100 and 314-60-110; adding new WAC 314-60-015, 314-60-085 and 314-60-087; and repealing WAC 314-60-020, 314-60-030, 314-60-050, 314-60-060, 314-60-105, 314-60-120, 314-60-130, and 314-60-140.
Chapter 314-62 WAC, Liquor law pamphlets and annual reports, amending WAC 314-62-010 and 314-62-020.
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on February 25, 2009, at 10:00 a.m.
Date of Intended Adoption: March 11, 2009.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504-3080, e-mail email@example.com, fax (360) 704-4921, by March 4, 2009.
Assistance for Persons with Disabilities: Contact Karen McCall by March 4, 2009, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of the liquor control board's on-going rules review process, chapters 314-60 and 314-62 WAC are being reviewed for relevance, clarity, and accuracy. The proposed rules reflect current agency practices and more clearly provide direction to individuals who request public records, or are interested in liquor law pamphlets and annual reports.
Reasons Supporting Proposal: The existing rule included language that is no longer relevant and needs to be eliminated. Rules are needed regarding public record requests for electronic documents or want information on liquor laws and annual reports.
Clarification of existing rules will benefit those individuals requiring current practices.
Statutory Authority for Adoption: RCW 66.08.030, 34.05.220, 42.56.40 [42.56.040].
Statute Being Implemented: Chapter 34.05 RCW, RCW 66.08.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor control board, governmental.
Name of Agency Personnel Responsible for Drafting: James Kauffman, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1714; Implementation: Brian Smith, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1774; and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes only minor impact on businesses or individuals that may request public records or require liquor pamphlets or annual reports.
A cost-benefit analysis is not required under RCW 34.05.328.
January 14, 2009
AMENDATORY SECTION(Amending WSR 94-03-060, filed 1/14/94, effective 2/14/94)
WAC 314-60-010 Purpose -- Washington state liquor control board. ((
(1))) The purposes of this chapter (( is)) are to
(( comply with the provisions of chapter 42.17 RCW dealing with
(2) The "Washington state liquor control board," pursuant to RCW 66.08.012 and 66.08.014, consists of three members appointed by the governor with the consent of the senate, for terms of six years that are staggered so that an appointment or reappointment is made every two years. The "Washington state liquor control board" shall sometimes hereinafter be referred to as the "board." Where appropriate, the term "board" also refers to the staff and employees of the Washington state liquor control board.)):
(1) Describe the organization of the liquor control board (LCB);
(2) Ensure that LCB complies with laws governing the disclosure (release) of public records; and
(3) Explain how an individual or organization can obtain public records.
[Statutory Authority: RCW 66.08.030. 94-03-060, § 314-60-010, filed 1/14/94, effective 2/14/94; Order 56, § 314-60-010, filed 5/31/77, effective 7/1/77; Order 22, § 314-60-010, filed 4/17/73, effective 5/18/73.]
(b) The board is responsible for enforcing laws preventing access to tobacco products by persons under the age of eighteen years (chapter 70.155 RCW). The board enforces the tobacco tax laws and the department of revenue administers tobacco tax laws (chapters 82.24 and 82.26 RCW).
(2) The "Washington state liquor control board" or "board" pursuant to RCW 66.08.012 and 66.08.014, consists of three members appointed by the governor with the consent of the senate, for terms of six years that are staggered so that an appointment or reappointment is made every two years. Where appropriate, the term "board" also refers to the staff and employees of the Washington state liquor control board.
(3) The board delegates certain administrative functions to an administrative director appointed by the board.
(4) The Washington state liquor control board is organized into six divisions:
(a) The director's office;
(b) Licensing and regulation;
(c) Enforcement and education;
(d) Administrative services;
(e) Business enterprise; and
(f) Human resources.
(5)(a) The administrative offices of the Washington state liquor control board are located at 3000 Pacific Avenue Southeast, Olympia, Washington 98504-3080.
(b) LCB staff is also located at:
(i) The distribution center, 4401 East Marginal Way South, Seattle, Washington;
(ii) State liquor stores in areas throughout the state; and
(iii) Enforcement offices maintained in major cities throughout the state.
(c) LCB contracts with individuals to sell liquor on commission. These contract liquor stores are located in areas throughout the state.
(d) Exact locations of state liquor stores, contract liquor stores, enforcement offices, and contact number are located on the LCB home page at www.liq.wa.gov.
(6) Any person wishing to access LCB public records should contact the LCB's public records officer:
Public Records Officer
Liquor Control Board
3000 Pacific Avenue Southeast
Olympia, Washington 98504
Information is also available on the LCB web site at www.liq.wa.gov.
(7) The public records officer will oversee compliance with the act and the implementation of the LCB's rules and regulations regarding release of public records, coordinating the staff of the public records unit and the LCB employees in this regard, and generally coordinating compliance by the LCB with the public records disclosure requirements of chapter 42.56 RCW. The public records officer will provide the "fullest assistance" to requestors; create and maintain for use by the public and LCB officials an index to public records of the LCB; ensure that public records are protected from damage or disorganization; and to prevent public records requests from causing excessive interference with essential functions of the LCB.
(1) An organizational chart is available from the board's
public records office which illustrates the general structure
and composition)) of the board's operations.
(2) Board procedures relating to hearings involving
alleged violations of the liquor act and/or revised rules and
regulations of the board are covered in chapter ((
314-42 WAC (( and in chapter 314-08 WAC Practice and
(a) General information pertaining to formal hearings is available from the board's public records office.
(b) Forms of notice of board action proposing to suspend a liquor license are available from the board's public records office.
(3) Pursuant to the requirements of the Open Public
Meetings Act (chapter 42.30 RCW) all determinations and
business of the board, except matters which are exempt from
the act under RCW 42.30.140, or properly conducted in
executive session, pursuant to RCW 42.30.110, will be made and
conducted in meetings open to the public. The board holds
regular meetings as published with the office of the code
reviser per RCW ((
43.30.075 [42.30.075])) 42.30.075 and as published on
the board's internet site at www.liq.wa.gov. Generally, the
(( board's regular meetings are held on Wednesdays. It is the
board's intent to hold its regular board meetings on the first
and third Wednesdays of the month. Unless notice is otherwise
given, meetings of the board will be held at its offices in
the board room at 3000 Pacific Avenue Southeast, Olympia,
Washington)) board will conduct business at regular meetings
on Monday, Tuesday, and Wednesday of each week at a place and
time selected by the board and published with the Washington
State Register and posted on the liquor control board web
site. Occasionally the board may deem it necessary to conduct
business on a Thursday and/or Friday, during these occasions,
stakeholder notification will occur. For scheduling purposes,
it is the board's intent to schedule petitions, take public
testimony, take rule making actions, and adopt resolutions at
its regular Wednesday board meetings.
[Statutory Authority: RCW 66.08.030, 43.30.070. 02-10-006, § 314-60-040, filed 4/19/02, effective 5/20/02. Statutory Authority: RCW 66.08.030 and 66.24.12 [66.08.012]. 99-16-119, § 314-60-040, filed 8/4/99, effective 9/4/99. Statutory Authority: RCW 66.08.030. 98-14-003, § 314-60-040, filed 6/18/98, effective 7/19/98. Statutory Authority: RCW 66.08.030, 66.08.050 and 42.30.070. 92-14-027, § 314-60-040, filed 6/22/92, effective 7/23/92. Statutory Authority: RCW 66.08.030(1). 90-02-109, § 314-60-040, filed 1/3/90, effective 2/3/90. Statutory Authority: RCW 66.08.030 and 42.30.070. 82-10-021 (Order 104, Resolution No. 113), § 314-60-040, filed 4/28/82. Statutory Authority: RCW 66.08.030. 82-04-030 (Order 97, Resolution No. 106), § 314-60-040, filed 1/27/82; Order 56, § 314-60-040, filed 5/31/77, effective 7/1/77; Order 22, § 314-60-040, filed 4/17/73, effective 5/18/73.]
(2) Records index. An index of public records is available for use by members of the public, including:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases.
(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency.
(c) Administrative staff manuals and instructions to staff that affect a member of the public.
(d) Planning policies and goals, and interim and final planning decisions.
(e) Factual staff reports and studies, factual consultant's 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.
(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
(3) Organization of records. The LCB will maintain its records in a reasonably organized manner. The LCB will take reasonable actions to protect records from damage and disorganization. A requestor shall not take LCB records from LCB offices without the permission of the public records officer. A variety of records is available on the LCB web site at www.liq.wa.gov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
[Order 22, § 314-60-070, filed 4/17/73, effective 5/18/73.]
A request may be made in writing.)) A form
prescribed by the board (( shall be)) is available at its main
office. The written request or prescribed form shall be
submitted or presented to the public records officer(( , or to
any member of the board's staff, if the public records officer
is not available, at the main office of the board during
customary office hours)). The request (( shall)) should
include the following information:
(a) The name ((
and)), organization, mailing address,
telephone number, fax number, and e-mail address of the person
requesting the record.
(b) The time of day and calendar date on which the request was received at the main office of the board.
The nature of the request.)) A detailed description
of the public record being requested.
(d) If the matter requested is referenced within the current index maintained by the board, a reference to the requested record as described.
If the requested matter is not identifiable by
reference to the board's current index, an appropriate
description of the record requested.)) The address where
copies of the record are to be mailed, or that the requestor
wants to examine the record at the LCB.
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.)) If the public
records officer accepts a request other than in writing, he or
she will confirm receipt of the information and the substance
of the request in writing.
(3) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at fifteen cents per page. See WAC 314-60-090.
(4) When it appears that a request for a record is made by or on behalf of a party to a lawsuit or a controversy to which the board is also a party (or when a request is made by or on behalf of an attorney for a party) the request shall be referred to the assistant attorney general assigned to the board for an appropriate response.
[Statutory Authority: RCW 66.08.030. 94-03-060, § 314-60-080, filed 1/14/94, effective 2/14/94; Order 56, § 314-60-080, filed 5/31/77, effective 7/1/77; Order 22, § 314-60-080, filed 4/17/73, effective 5/18/73.]
(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:
(a) Make the records available for inspection and copying;
(b) If copies are requested and payment of a deposit for copies, if any, is made or terms of payment agreed upon, send the copies to the requestor;
(c) Provide a reasonable estimate of when records will be available; or
(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available; or
(e) Deny the request.
(3) Protecting the rights of others. If the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
(4) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the LCB believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
(5) Inspection of records.
(a) Consistent with other demands, the LCB shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the agency to copy.
(b) The requestor must claim or review the assembled records within thirty days of the LCB's notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the LCB may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.
(6) Providing copies of records. After inspection is complete, the public records officer shall make the requested copies or arrange for copying.
(7) Providing records in installments. When the request is for a large number of records, the public records officer will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.
(8) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer will indicate that the LCB has completed a diligent search for the requested records and made any located nonexempt records available for inspection.
(9) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the LCB has closed the request.
(10) Later discovered documents. If, after the LCB has informed the requestor that it has provided all available records, the LCB becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.
(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by WAC 314-60-090.
(3) Customized access to data bases. With the consent of the requestor, the agency may provide customized access under RCW 43.105.280 if the record is not reasonably locatable or not reasonably translatable into the format requested. The LCB may charge a fee consistent with RCW 43.105.280 for such customized access.
(2) After the first one hundred free copies, the board charges one or more of the following fees for copies of public records:
(a) Up to fifteen cents per page for black and white photocopies of a record;
(b) The actual cost of manuals, blueprints, and other nonprinted materials such as CDs, audio tapes, or video tapes;
(c) Up to fifteen cents per page for scanning existing WSLCB paper or other nonelectronic records. There will be no charge for e-mailing electronic records to a requestor, unless a scanning fee applies; and
(d) The cost of postage, when items are mailed (see RCW 42.56.070).
[Order 22, § 314-60-090, filed 4/17/73, effective 5/18/73.]
(2) In addition, pursuant to chapter 42.17 RCW, the board reserves the right to delete identifying details when it makes available or publishes any public record, in any 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 denials of requests for public records 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 and a brief explanation of how the exemption applies to the record withheld.)) The Public Records Act (chapter 42.56 RCW) provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by WSLCB for inspection and copying:
(a) Autopsy, post mortem or medical examiner reports. Requests for these records should be referred to the agency which originated the record(s): Coroner's office, medical examiner's office, etc. (RCW 68.50.105)
(b) Claim file information. On any industrial insurance claim. (RCW 51.28.070)
(c) Criminal history reports. Concerning nonconviction data. Law enforcement agency reports should be referred to the agency that originated the report. (RCW 10.97.080)
(d) Crime victims. Files and information. (RCW 7.68.140)
(e) Individual purchases. All records whatsoever of the board showing purchases of liquor by any individual or establishment. (RCW 66.16.090)
(f) Medical records and data. Medical records, drug records, accident victims and other persons to which LCB has access. (RCW 42.56.360(2) and chapter 70.02 RCW)
(g) Social Security numbers. (RCW 42.56.250(3) and 42 U.S.C. Section 405 (c)(2)(C)(vii)(1))
(h) Trade secrets. As defined in RCW 19.108.010, including blueprints, diagrams, drawings, formulas, photos, etc., requested to be held confidential by the affected person. Should be labeled "RESTRICTED TRADE INFORMATION." (RCW 39.10.470(2) and 49.17.200)
(i) Special order requests and records of purchases by any person or persons, including spirits, beer, and wine restaurant licensees. (See RCW 66.16.090.)
(j) Financial or proprietary information supplied to the board by a domestic winery, brewery, or microbrewery, acting as its own distributor, or certificate of approval holder with a direct shipping to Washington retailer endorsement, containing the identity and amount of beer or wine sold directly to licensed Washington retailers. (See RCW 66.24.206 (1)(a), 66.24.270 (2)(a), and 42.56.270.)
(k) Financial or proprietary information supplied to the board by a licensed Washington liquor retailer containing the identity and amount of beer or wine purchased directly from a domestic winery, brewery, microbrewery, or a certificate of approval holder with a direct shipping to Washington retailer endorsement. (See RCW 66.24.210, 66.24.290, and 42.56.270.)
(2) The WSLCB is prohibited by statute from disclosing lists of individuals for commercial purposes.
(3) Before beginning to make the copies, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The LCB will not charge sales tax when it makes copies of public records.
[Order 56, § 314-60-100, filed 5/31/77, effective 7/1/77; Order 22, § 314-60-100, filed 4/17/73, effective 5/18/73.]
Public Records Officer, Public Records Unit
P.O. Box 43080
Olympia, Washington 98504-3080
(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer ((
or other staff member denying the request))
shall refer it to the (( board chairman, or in his absence, a
member of the board)) administrative director. The (( board
chairman or member, as the case may be,)) administrative
director shall immediately consider the matter and either
affirm or reverse such denial (( or call a special meeting of
the board as soon as legally possible to review the denial)). (( In any case,)) The request shall be returned with a final
decision, within two business days following the LCB's receipt
of the request for review of the original denial, or within
such other time as the LCB and the requestor mutually agree
Administrative remedies shall not be considered
exhausted until the board has returned the petition with a
decision or until the close of the second business day
following denial of inspection, whichever first occurs.)) If
the LCB denies a requestor access to public records because it
claims the record is exempt in whole or in part from
disclosure, the requestor may request the attorney general's
office to review the matter. The attorney general has adopted
rules on such requests in WAC 44-06-160.
(4) Judicial review. Any person may obtain court review of denials of public records request.
[Statutory Authority: RCW 66.08.030. 94-03-060, § 314-60-110, filed 1/14/94, effective 2/14/94; Order 22, § 314-60-110, filed 4/17/73, effective 5/18/73.]
The following sections of the Washington Administrative Code are repealed:
|WAC 314-60-020||Definitions -- Public records -- Writing.|
|WAC 314-60-030||Description of central and field organization of Washington state liquor control board.|
|WAC 314-60-050||Public records available.|
|WAC 314-60-060||Public records officer.|
|WAC 314-60-105||General guidelines -- Exempt records.|
|WAC 314-60-120||Protection of public records.|
|WAC 314-60-130||Records index.|
|WAC 314-60-140||Communications and submissions relating to public records.|
AMENDATORY SECTION(Amending Order 81, Resolution No. 90, filed 9/23/81)
WAC 314-62-010 Liquor law pamphlets. Pursuant to RCW 66.08.030 ((
as amended by section 1, chapter 115, Laws of 1977
ex. sess.)), pamphlets containing (( the)) state liquor laws
(Title 66 RCW and other liquor related statutes) and the
revised rules and regulations of the board (( shall)) will be
made publicly available (( through the board's Central Office
Services Division, 1025 East Union Avenue, Olympia, Washington
98504, for distribution, upon request, to any member of the
public. An updating service covering amendments to the Liquor
Act and the revised rules and regulations of the board shall
also be available for such distribution. Charges shall be
made for these items as directed by the board from time to
time to cover the costs of printing and handling.
Provided, however, That copies of the liquor laws and regulations and the update service shall be provided without charge as follows: (1) To the secretary of the senate for use of senate committees, fifteen copies; (2) to the chief clerk of the house for use of house committees, twenty copies; (3) to the state library, two copies; (4) to the state law library, two copies; (5) to licensees of the board, one copy each; (6) to recognized news reporting services maintaining permanent offices at the capitol, one copy each. One copy shall also be provided without charge, upon request, to legislators, governmental and nonprofit organizations, academic research students, libraries, and alcoholism information and treatment centers)) on the agency web site.
[Statutory Authority: RCW 66.08.030 and 66.98.070. 81-19-116 (Order 81, Resolution No. 90), § 314-62-010, filed 9/23/81; 78-02-039 (Order 63), § 314-62-010, filed 1/17/78.]
[Statutory Authority: RCW 66.08.030 and 66.98.070. 81-19-116 (Order 81, Resolution No. 90), § 314-62-020, filed 9/23/81; 78-05-003 (Order 65, Resolution No. 74), § 314-62-020, filed 4/6/78; 78-02-039 (Order 63), § 314-62-020, filed 1/17/78.]