PERMANENT RULES
Date of Adoption: October 24, 2000.
Purpose: To eliminate the hold harmless agreement in subsection (7).
Citation of Existing Rules Affected by this Order: Amending WAC 390-13-010 Optional format for requests for lists of individuals.
Statutory Authority for Adoption: RCW 42.17.370(1).
Adopted under notice filed as WSR 00-19-121 on September 20, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
October 27, 2000
V. Rippie
Executive Director
The use of a list of individuals obtained from an
agency for commercial purposes is prohibited by RCW 42.17.260(((9))). ((The commission finds that the term
"commercial purposes" has been interpreted by different agencies
in inconsistent ways resulting in confusion and a lack of uniform
administration of that statute.)) Therefore, the following
format is adopted by the commission and authorized for use by
agencies, at their option, to bring uniformity to the
administration of that statute.
1. I have requested copies of the following public records:
2. I understand that Washington state law, RCW 42.17.260(((9))), prohibits the use of lists of individuals for
commercial purposes.
3. I understand that the use for commercial purposes of said
records may also violate the rights of the individuals named
therein and may subject me to liability for such commercial use.
4. I understand that section 2 (([and] [or])) or 3 herein
apply when I use said records for commercial purposes and when
others use said records or copies of same for commercial
purposes. I understand that I may be liable in either case.
5. I understand that "commercial purposes" means that the
person requesting the record intends that the list will be used
to communicate with the individuals named in the record for the
purpose of facilitating profit expecting activity.
6. Therefore, I do hereby swear and affirm on oath and under
penalty of law that I will not use said records for commercial
purposes and that further, it is my affirmative duty to prevent
others from using said records for commercial purposes.
((7. I do further swear and affirm on oath and under penalty
of law that I will protect and hold harmless, including the cost
of defending, the agency and its agents and employees from which
I have obtained said records from any and all claims arising
either directly or indirectly from the commercial use of said
records.))
| Signature | |
| SUBSCRIBED AND SWORN to before me this day
of , (( |
|
| _________________ Notary Public in and for the state (( |
|
[Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-13-010, filed 2/7/96, effective 3/9/96; 83-11-004 (Order 83-01), § 390-13-010, filed 5/6/83.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.