WSR 17-22-015
[Filed October 20, 2017, 9:52 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-18-002.
Title of Rule and Other Identifying Information: Title 467 WAC, Traffic safety commission, chapter 467-02 WAC, Public access to information and records.
Hearing Location(s): On December 5, 2017, at 2:00 p.m. - 2:30 p.m., at 621 8th Avenue S.E., Suite 409, Olympia, WA 98504-0944.
Date of Intended Adoption: December 5, 2017.
Submit Written Comments to: Mandie Dell or Pam Pannkuk, 621 8th Avenue S.W., Suite 409, Olympia, WA 98504-0944, email or, fax 360-586-6489, by December 4, 2017.
Assistance for Persons with Disabilities: Contact Mandie Dell, phone 360-725-9883, fax 360-586-6489, email, by December 4, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revisions to current Title 467 WAC, chapter 467-02 WAC including: Updating references to our old address; definitions, references to RCW that have been recodified; and the public records request language to reflect new RCW language.
Reasons Supporting Proposal: See purpose above.
Statutory Authority for Adoption: RCW 43.59.070.
Statute Being Implemented: RCW 43.59.070.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington traffic safety commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Pam Pannkuk, 621 8th Avenue S.E., Suite 409, Olympia, WA 98504-0944, 360-725-9884.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Is exempt under RCW 34.05.310 (4)(d).
October 20, 2017
Pam Pannkuk
Deputy Director
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-010 Purpose.
The purpose of this chapter shall be to ensure compliance by the Washington traffic safety commission with the provisions ((of RCW 42.17.250 through 42.17.340)) under chapter 42.56 RCW dealing with public records.
AMENDATORY SECTION (Amending Order 1, filed 4/11/77)
WAC 467-02-020 Definitions.
(1) "Public record" includes 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 fiscal form or characteristic. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who:
(a) Do not serve in an administrative capacity;
(b) Have not been appointed by the agency to an agency board, commission, or internship; and
(c) Do not have a supervisory role or delegated agency authority.
(2) "Writing" means handwriting, typewriting, printing, photostating, photographing and every other means of recording ((sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films, magnetic or punchcards, discs, drums and other documents)) 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, prints, motion pictures, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilation from which information may be obtained or translated.
(3) "Commission" means the Washington traffic safety commission.
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-030 Exempted records.
In accordance with RCW ((42.17.310)) 42.56.210, the following personal and other records shall be exempt from public inspection and copying:
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, welfare recipients, prisoners, probations or parolees.
(2) Personal information in files maintained for employees, appointees or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(3) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would violate the taxpayer's right to privacy or would result in unfair competitive disadvantage to such taxpayer.
(4) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(5) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, except as the complainant may authorize.
(6) Test questions, scoring keys, and other examination data used to administer a license, employment or academic examination.
(7) ((Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(8))) Valuable formulae, designs, drawings computer source code or object code and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss (RCW 42.56.270(1)).
(((9))) (8) Preliminary drafts, notes, recommendations and intra-agency memorandums 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.
(((10))) (9) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(((11))) (10) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(((12))) (11) The residential addresses and residential telephone numbers of the 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.
(((13))) (12) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(((14))) (13) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(((15))) (14) Personal or financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for((:
(a) A ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750; or
(b) Highway construction or improvement as required by RCW 47.28.070.
(16))) as required by RCW 42.56.230 and defined by RCW 9.35.005.
(15) The exemptions of this section shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-050 Public records officer.
The Washington traffic safety commission public records shall be managed by the public records officer for the commission. The person so designated shall be officed in the Washington Traffic Safety Commission ((Building)) Office, Olympia, Washington. The public records officer shall be responsible for implementation of the commission's rules and regulations regarding release of public records, coordinating staff efforts of the commission's rules and regulations regarding release of public records, and generally ensuring compliance of the staff with the public records disclosure requirements of chapter 1, Laws of 1973.
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-070 Requests for public records.
Subject to the provisions of subsection (3) of this section, public records are obtainable by members of the public when those members of the public comply with the following procedures.
(1) The commission shall honor requests received in person during the commission's normal office hours, or by mail or email, unless exempted by provisions in this chapter. A request shall be addressed to the public records officer. Such request shall include the following in the public disclosure request:
(a) The name of the person requesting the record and their contact information.
(b) The time of day and calendar date on which the request was made.
(c) If the matter requested is referenced within the current index maintained by the Washington traffic safety commission, a reference to the requested record as it is described in such current index.
(d) If the requested matter is not identifiable by reference to the Washington traffic safety commission's current index, a statement that identifies the specific record requested.
(e) A verification that the records requested shall not be used to compile a commercial sales list.
(2) The public records officer shall inform the member of the public making the request ((whether the requested record is available for inspection and copying at 1000 S. Cherry Street, in Olympia, Washington)) within five business days of receiving a public record request by either:
(a) Providing the record;
(b) Providing an internet address and link on the agency's web site to the specific records requested, except that if the requestor notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requestor to view copies using an agency computer;
(c) Acknowledging that the agency has received the request and providing a reasonable estimate of the time the agency will require to respond to the request; or
(d) Denying the public record request (RCW 42.56.520).
(3) 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 commission is also a party (or when such a request is made by or on behalf of an attorney for such a party) the request shall be referred to the assistant attorney general assigned to the commission for appropriate response.
AMENDATORY SECTION (Amending Order 1, filed 4/11/77)
WAC 467-02-090 Inspection and copying cost.
(1) No fee shall be charged for inspection of public records.
(2) ((The Washington traffic safety commission shall impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy records; such charges shall not exceed the amount necessary to reimburse the Washington traffic safety commission for its actual costs incident to such copying. Actual costs shall include the labor costs of staff, machine cost and paper cost necessary to provide copies of requested records.)) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington traffic safety commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.
(3) The Washington traffic safety commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-120 Review of denials of public records requests.
(1) Any person who objects to the denial of a request for a public record may petition the public records officer for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
(2) After receiving a written request for review of a decision denying a public record, if the public records officer determines to affirm the denial, ((then the written request shall immediately be referred to the assistant attorney general assigned to the commission. The assistant attorney general shall promptly consider the matter and either affirm or reverse such denial)) such decision shall constitute final agency action. In any case, the request shall be returned with a final decision, within two business days following receipt of the petition for review.
(3) Administrative remedies shall not be considered exhausted until the public records officer has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever first occurs.
AMENDATORY SECTION (Amending WSR 91-23-101, filed 11/20/91, effective 12/21/91)
WAC 467-02-130 Records index.
(1) The commission has available to all persons at its offices in Olympia a current index which provides identifying information as to the following records issued, adopted or promulgated by the commission:
(a) Minutes of commission meetings;
(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the commission;
(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.
(2) A system of indexing for identification and location of the following records is hereby established by the commission. Such records shall include the following:
(a) Final orders entered after June 30, 1990, issued in adjudicative proceedings as defined in RCW 34.05.010(1) that contain an analysis or decision of substantial importance to the agency in carrying out its duties.
(b) Declaratory orders entered after June 10, 1990, that contain an analysis or decision of substantial importance to the agency in carrying out its duties.
(c) Interpretative statements as defined in RCW 34.05.010(8).
(d) Policy statements entered after June 30, 1990, as defined in RCW 34.05.010(14).
(3) A system of indexing shall be as follows:
(a) The indexing system will be administered by the commission's rules coordinator and located at ((1000 S. Cherry Street, Olympia, Washington)) the Washington traffic safety commission.
(b) Copies of all indexes shall be available for public inspection and copying in the manner provided for the inspection and copying of public records.
(c) The rules coordinator shall establish and maintain a separate index for each item contained in subsection (1)(a) through (e) of this section as follows:
(i) The index shall list all final orders and declaratory orders selected by the commission that contain decisions of substantial importance to the agency which orders shall be listed alphabetically by the titles of the hearing or controversy and shall contain a phrase describing the issue or issues and relevant citations of law.
(ii) Interpretative statements and policy statements shall be indexed by the applicable program administered by the commission.
(d) The rules coordinator shall update all indexes at least once a year and shall revise such indexes when deemed necessary by the commission.