WSR 18-18-057
[Filed August 30, 2018, 8:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-08-073.
Title of Rule and Other Identifying Information: Chapter 352-40 WAC, Public records.
Hearing Location(s): On November 15, 2018, at 9:00 a.m., at the Auburn City Hall, 25 West Main Street, Auburn, WA 98001.
Date of Intended Adoption: November 15, 2018.
Submit Written Comments to: Brian Thrasher, Records and Forms Manager, P.O. Box 42650, Olympia, WA 98504-2650, email, by 5:00 p.m., on November 9, 2018.
Assistance for Persons with Disabilities: Contact Brian Thrasher, Records and Forms Manager, phone 360-902-8514, TTY 800-833-6388, email, by 5:00 p.m., on November 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The intent of this proposal is to remove outdated information, as well as some information that already exists in the Public Records Act (chapter 42.56 RCW) (e.g., definitions, information RE: Record indexing information). Additions include how and when parks' records can be viewed, and that a public record request must be submitted in writing.
Reasons Supporting Proposal: This update is being made at the recommendation of the Washington state office of the attorney general.
Statutory Authority for Adoption: Chapter 79A.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Michael Young, assistant attorney general, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brian Thrasher, Records Office, 360-902-8514.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chris Leeper, Operating Budget Manager, P.O. Box 42650, phone 360-902-8542, TTY 800-833-6388, email
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; and rule content is explicitly and specifically dictated by statute.
August 29, 2018
Valeria Veasley
Management Analyst
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-010What is the purpose of this chapter?
The purpose of this chapter is to ((implement the procedural requirements that))set forth the procedures by which state parks will respond to public records requests made under the Public Records Act, chapter 42.56 RCW((, places on state agencies)).
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-030When and where can I access state parks' public records?
Most public records of the commission and the agency are located at the ((Olympia))state parks' headquarters office((. Copies of certain records may be accessible at regional offices.
(1) The director and administrative offices are located at the headquarters office at 1111 Israel Road S.W., Tumwater, WA 98501. Mailing address for the headquarters office is:
Washington State Parks and Recreation Commission
P.O. Box 42650
Olympia, WA 98504-2650
FAX: 360-753-1594
TDD: 360-664-3133
(a) The public affairs office is available to assist with media inquiries and general public information requests.
Phone: 360-902-8561
(b) The public records officer is available to assist with public records requests or questions.
Phone: 360-902-8514
(2) Location of regional offices:
Southwest Region
Headquarters Office
11838 Tilley Road S.E.
Olympia, WA 98512-9167
Northwest Region
Headquarters Office
220 N. Walnut
Burlington, WA 98233
Eastern Region
Headquarters Office
270 9th St. N.E., Suite 200
East Wenatchee, WA 98802
Puget Sound Region
2840 Riverwalk Drive S.E.
Auburn, WA 98002-8207
253-931-3907))in Tumwater. Access to public records will only be made available at this location. Arrangements can be made by contacting the agency's public records officer.
Mailing address:
P.O. Box 42650
Olympia, WA 98504-2650
Physical address:
1111 Israel Road S.W.
Tumwater, WA 98501
Phone: 360-902-8514
The communications office is available to assist with media inquiries and general public information requests.
Phone: 360-902-8562
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-040How is the agency organized and how is it operated?
The Washington state park system includes approximately one hundred ((twenty))twenty-four developed parks, recreation programs, trails, boating safety and winter recreation.
(1) State parks is governed by a commission consisting of seven citizens of the state, appointed by the governor to provide policy direction for the agency.
(2) The director is the commission appointed executive head of the agency.
(3) ((The deputy director is the chief operating officer.
(4) Regional directors are responsible for management of regional headquarters and parks within their regions.))An executive leadership team reports to the director. These team members manage various aspects of agency operations such as operations, parks development, administrative services, communications, human resources, and policy and governmental affairs.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-060Who do I contact to request state parks' public records?
The agency public records officer, located at headquarters, is responsible for:
(1) Receiving and reviewing requests for public records.
(2) Coordinating agency records management ((and agency indexing standards)) to ensure protection of, and prompt access to, public records.
(3) Implementing and ensuring compliance by the commissioners and staff with the public records disclosure requirements of chapter 42.56 RCW.
Mailing address:
P.O. Box 42650
Olympia, WA 98504-2650
Physical address:
1111 Israel Road S.W.
Tumwater, WA 98501
Phone: 360-902-8514
((FAX: 360-586-5875))
(4) Contact information and ((our form for requesting public records from state parks are also))general information regarding public records requests, a current fee schedule, and access to our public records form is available on our web site ((
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-070When can I inspect public records?
Public records are available for inspection by appointment only during regular business hours, Monday through Friday, excluding legal holidays.
((It is recommended that you make arrangements in advance as the records that you wish to inspect may not be readily available for immediate inspection.))
Agency facilities shall be made available to any person for the inspection of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-080How do I request copies of state parks' public records?
((Call, mail, email, fax or drop your request at any state park))Requests for state parks' public records must be made in writing by emailing, mailing, or hand delivering a written request for public record to the records office.
Using our request ((form))for public record, while not required, provides the information we need to assist you and provides you with our copy and mailing fees.
(1) The information that we will need is:
(a) The name, address ((and)), phone number, and email address (if available) of the person requesting the record;
(b) The date on which the request is made;
(c) ((If inspection of the record is requested, the day and time you wish to inspect the public records;
(d))) A description, with as much detail as you can provide, to help identify the record(s) requested;
(((e)))(d) A statement that the information will not be used for commercial purposes.
(2) The agency does not distinguish among persons requesting records under the Public Records Act and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(9) or other statute that exempts or prohibits disclosure of specific information or records to certain persons.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-090Will I have to pay to ((view))inspect or get copies of state parks' public records?
The agency does not charge a fee for the inspection of public records.
The agency will charge an amount necessary to recover its costs for producing and mailing copies of records, as provided for by RCW 42.56.120.
((A list of copy charges is provided with state parks' "Request for Public Records" form, or you can contact the public records officer for a list of copy and mailing fees.))Our fee schedule can be found on the request for public record form and on our web site ( Payment is required prior to receiving copies of records.
Charges totaling less than five dollars ((will))may be waived.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-100Can my request be denied?
(1) ((Yes,))A request can be denied if it is for records that are exempt from disclosure under the provisions of the Public Records Act, chapter 42.56 RCW((. State parks may also deny access to records, or parts of records, that are exempt from disclosure by)), or other statute including RCW 79A.60.210((,))and 79A.60.220((, 5.60.060 (2)(a), 46.52.080, 7.69A.030(4) and 13.50.050(3))).
(2) Whenever possible, the agency will make requested records available after exempt information has been ((deleted or)) redacted.
(3) Under the provisions of RCW 42.56.070(((9)))(8), public records requests will also be denied if the purpose of the request is to sell or use the information for commercial purposes.
If a request is denied, or if a record is withheld entirely or redacted, the agency will specify in writing the reason for the denial, withholding, or redaction, including ((a statement))identification of the specific exemption authorizing the withholding or redaction of the record and a brief explanation of how the exemption applies to the record withheld or redacted.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-110What can I do if I object to the agency's denial to inspect or receive a copy of a public record?
You have options. You can:
(1) Request an internal administrative review of the denial for access.
(a) Provide state parks' public records officer with your written request for a review of the decision. Include a copy of the denial or refer specifically to the denial statement in your petition.
(b) The public records officer will promptly provide the petition and any other relevant information to the director or designee to conduct a review.
(c) The director or designee will ((immediately)) consider the matter and, within two business days of receiving the petition, or within such time as state parks and the requestor mutually agree, either affirm or reverse the denial. If the director or designee has not responded to the requestor by the end of the two business days following denial of access, then the request is deemed denied.
(2) Ask the attorney ((general))general's office to review the matter. Pursuant to RCW 42.56.530, the attorney ((general))general's office will provide a written opinion on whether the record is exempt.
(3) Initiate an action in the superior court ((where the record is located. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial)).
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-120((How does the agency protect))What rules must be followed when inspecting public records?
(1) The following ((guidelines))rules have been put in place to help the agency protect the public records under its care:
(a) You may not remove any public record from the agency premises.
(b) ((You must have))State parks may require that a designated agency employee be present while inspecting public records.
(c) You may not mark or deface a public record in any manner during inspection.
(d) You may not dismantle public records that are maintained in a file or jacket or in chronological or other filing order.
(2) Access to file cabinets, shelves, vaults, or other storage areas is restricted to agency personnel unless other arrangements are made with the public records officer or designee.
(3) State parks follows rules established under RCW 40.14.060 regarding destruction of public records. The destruction of records responsive to a public records request will be delayed until the request is resolved.
AMENDATORY SECTION(Amending WSR 08-24-005, filed 11/20/08, effective 12/21/08)
WAC 352-40-130How are agency records indexed?
Records retention schedules established and maintained under the directives of RCW 40.14.060 serve as an index for the ((identification and location of agency))agency's records.
((The records retention schedule indexes records according to the originating program or section, and then the record series title. Each title is further identified by a statement of function or purpose, and the minimum required retention period. With the assistance of the public records officer or designee, the records retention schedule is available to the public for inspection and copying.
A separate index of policy statements as defined in RCW 34.05.010(15) entered after June 30, 1990, is maintained by the agency.
In addition,))The agency has a functional ((index coding))indexing system for ((physical files,)) commission policy((,))and the agency's administrative policy and ((agency)) procedures.
Commission meetings minutes and agenda items are indexed by year((, month, and agenda item number. They are also summarized by topic))and month.
The following section of the Washington Administrative Code is repealed:
WAC 352-40-020
How do we define terms?