WSR 99-09-065

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed April 19, 1999, 2:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-053.

Title of Rule: WAC 390-14-025 Requests for public records.

Purpose: Indicates the manner in which members of the public may submit public records requests.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.290.

Summary: The proposed amendment specifies that public records requests may be submitted in person or by letter, telephone or electronic means.

Reasons Supporting Proposal: The language of the proposed amendment is clearer than the current rule and emphasizes that the commission is committed to providing full public access to public records.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment recognizes changes that have been made to RCW 42.17.290 since the rule was last amended in 1985. The proposed amendment adds language indicating that public records may be requested electronically. The amendment is technical rather than substantive in nature.

Proposal Changes the Following Existing Rules: The proposed amendment rewrites current language to make it more understandable. The new language is intended to assure persons requesting public documents or assistance in locating public documents that they will receive quality service.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an economic impact on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not specified in section 201, chapter 403, Laws of 1995, as being subject to this section nor has it been brought under the section as otherwise provided in the chapter law.

Hearing Location: Senate Hearing Room #2, John A. Cherberg Building, First Floor, 304 15th Avenue, Capitol Campus, Olympia, WA, on May 25, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Jennifer Alloway, 753-1111.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112 by May 12, 1999.

Date of Intended Adoption: May 25, 1999.

April 16, 1999

Vicki Rippie

Assistant Director

OTS-3061.1


AMENDATORY SECTION(Amending Order 85-03, filed 7/9/85)

WAC 390-14-025
Requests for public records.

(1) In accordance with requirements of chapter 42.17 RCW that agencies (([present] [prevent] unreasonable invasions of privacy)) provide full public access to public records, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, requests to inspect or copy public records may be ((inspected or copied by requesting)) made in person, by letter, ((or)) by telephone ((the desired record(s))) or by electronic means.

The commission office is located at 711 Capitol Way, Suite 403, Olympia, Washington. The mailing address is: Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908. Telephone number: (360) 753-1111. Facsimile number: (360) 753-1112. Electronic mail: pdc@pdc.wa.gov.

(2) ((In all cases in which)) Whenever a member of the public ((is making a request, it shall be the obligation of the public records officer or)) requests assistance, the staff member to whom the request is made ((to)) shall assist the member of the public in ((appropriately)) identifying the appropriate public record ((requested)).

[Statutory Authority: RCW 42.17.370(1).  85-15-020 (Order 85-03), § 390-14-025, filed 7/9/85; Order 64, § 390-14-025, filed 11/25/75; Order 62, § 390-14-025, filed 8/26/75.]

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