PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-06-057.
Title of Rule: WAC 390-14-045 Records index.
Purpose: Establish and implement a system of indexing public records.
Statutory Authority for Adoption: RCW 42.17.370(1).
Statute Being Implemented: RCW 42.17.260.
Summary: The amendment specifies the hours during which the public may examine and copy the agency's indexes and requires more frequent updating of indexes.
Reasons Supporting Proposal: The proposed amendment gives additional information to the public.
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 rule identifies the records that must be indexed as well as what information is to be included in an index. The proposed amendment states that the indexes will be updated quarterly, rather than annually, and provides that the indexes are available for inspection and copying weekdays, excluding legal state holidays, between the hours of 8:00 a.m. and 5:00 p.m.
Proposal Changes the Following Existing Rules: The only substantive change mandates that indexes of the Public Disclosure Commission records be updated quarterly. The current rule calls for annual updates.
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-3065.1
AMENDATORY SECTION(Amending WSR 91-16-072, filed 8/2/91, effective 9/2/91)
WAC 390-14-045
Records index.
(1) The commission has established and implemented a system of indexing for the identification and location of the following records:
(a) All records issued before July 1, 1990, for which the commission has maintained an index.
(b) Final adjudicative orders and declaratory orders issued after June 30, 1990, that contain an analysis or decision of substantial importance to the commission in carrying out its duties.
(c) Interpretive and policy statements that were ((entered)) issued after June 30, 1990.
(2) Final and declaratory orders shall be evaluated by the executive director or executive
director's designee. Those orders which are determined to have substantial importance shall be
((included in the index)) indexed.
(3) Final orders shall be indexed by the name of the person against whom the order was
issued((,)) and by citation to the law involved.
(4) Declaratory orders shall be indexed by number, subject matter, phrase describing the
issue or holding((, or by a)) and citation to the law involved.
(5) Interpretive statements and policy statements shall be indexed by number and subject
matter((, topic, calendar year, or a combination of these, as appropriate)).
(6) The ((index is)) indexes are available for public inspection and copying ((during
regular business hours)) weekdays, excluding legal holidays, between 8:00 a.m. and 5:00 p.m. at
the Public Disclosure Commission, ((403 Evergreen Plaza)) 711 Capitol Way, Suite 403,
Olympia, Washington 98504-0908.
(7) The indexes shall be ((kept current and)) updated ((annually)) quarterly.
[Statutory Authority: RCW 42.17.370. 91-16-072, § 390-14-045, filed 8/2/91, effective 9/2/91. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-14-045, filed 7/9/85; Order 62, § 390-14-045, filed 8/26/75.]