WSR 01-07-014

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed March 13, 2001, 11:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-20-060.

Purpose: Chapters 478-250 and 478-276 WAC, governing the indexing and access to the University of Washington's public records.

Statutory Authority for Adoption: RCW 28B.20.130, chapter 34.05 RCW, RCW 42.17.260, 42.17.290, and 42.17.300.

Statute Being Implemented: RCW 28B.20.130, chapter 34.05 RCW, RCW 42.17.260, 42.17.290, and 42.17.300.

Summary: Amendments to WAC 478-250-050, 478-250-070, 478-276-060, and 478-276-140 propose changes to office names and personnel titles as well as the removal of an obsolete phone number. Amendments to WAC 478-276-070, 478-276-080, 478-276-100, and 478-276-120 propose changes to office and personnel titles as well as clarifications to language in existing rules that reflect current practices. Amendments to WAC 478-276-020 propose changes to language so that the rule reflects current definitions from Washington state statute.

Reasons Supporting Proposal: To accurately reflect the University of Washington's practices regarding indexing and accessing of public records.

Name of Agency Personnel Responsible for Drafting and Implementation: Norman G. Arkans, Associate Vice-President and Executive Director of University Relations, 400 Gerberding Hall, University of Washington, (206) 543-2560; and Enforcement: Rebecca Goodwin Deardorff, Director, Administrative Procedures, 7 Visitors, Information Center, University of Washington, (206) 543-9199 and Eliza Saunders, Director, Public Records and Open Public Meetings, 4 Visitors, Information Center, University of Washington, (206) 543-9180.

Name of Proponent: University of Washington, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules govern the indexing of and access to public records at the University of Washington and the proposed changes bring these rules up-to-date and continue guiding the public accurately.

Proposal Changes the Following Existing Rules: The following sections are amended: WAC 478-250-050, 478-250-070, 478-276-020, 478-276-060, 478-276-080, 478-276-100, 478-276-120, and 478-276-140.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapters 478-250 and 478-276 WAC do not regulate or have a disproportionate impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Chapters 478-250 and 478-276 WAC do not regulate or have a disproportionate impact on small businesses.

Hearing Location: Room 309, Husky Union Building (HUB), University of Washington, Seattle, Washington, on April 30, 2001, at 12:00 noon.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by April 20, 2001, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office via one of the following routes: U.S. mail University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; campus mail Box 355509; e-mail adminpro@u.washington.edu; or fax (206) 616-6294, by April 30, 2001.

Date of Intended Adoption: May 18, 2001.

February 9, 2001

Rebecca Goodwin Deardorff, Director

Administrative Procedures Office

OTS-4545.1


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-250-050   University rules coordination.   (1) University rules coordination shall be conducted by the administrative procedures office ((under the direction of the administrative procedures officer who)), which reports to the office of the vice-president for university relations.

(2) The director of the administrative procedures ((officer)) office shall have knowledge of the subjects of rules being proposed or prepared within the university, maintain the records of any such action, and respond to public inquiries about possible, proposed, or existing rules and the identity of university personnel developing, reviewing, or commenting on them.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-250-050, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-050, filed 4/24/91, effective 5/25/91.]


AMENDATORY SECTION(Amending WSR 91-10-031, filed 4/24/91, effective 5/25/91)

WAC 478-250-070   Requests for access to indexes.   Information regarding public inspection of indexes, their location, and a schedule for revising and updating these indexes can be obtained by contacting the director of the public records ((officer)) and open public meetings office, in accordance with WAC 478-276-060.

[Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-070, filed 4/24/91, effective 5/25/91.]

OTS-4546.2


AMENDATORY SECTION(Amending Order 73-5, filed 5/29/73)

WAC 478-276-020   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 physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording 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 and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

[Order 73-5, 478-276-020, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-060   Public records officer.   For purposes of compliance with chapter 42.17 RCW, the person designated as public records officer for the University of Washington is the director of public records and open public meetings. Duties ((of the public records officer)) for this individual shall include but not be limited to: The implementation of the university's rules and regulations regarding release of public records, coordinating the staff of the public records and open public meetings office in this regard, and generally coordinating compliance by the university with the public records disclosure requirements of chapter 42.17 RCW. The person so designated shall be at the following location:


University of Washington

Public Records and Open Public Meetings Office

Visitors Information Center

4014 University Way N.E.

Seattle, WA 98105-6203


(for internal campus mail use: Box 355502).

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-060, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-060, filed 10/2/81; Order 73-5, 478-276-060, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-070   Times for inspection and copying.   Public records of the University of Washington shall be available for inspection and copying by appointment during the regular office hours of the public records and open public meetings office: Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-070, filed 6/19/97, effective 7/20/97; Order 73-5, 478-276-070, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-080   Requests for public records.   In accordance with requirements of chapter 42.17 RCW, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records required to be disclosed by chapter 42.17 RCW, may be inspected ((or copied,)) or copies of such records may be obtained, by members of the public upon compliance with the following procedures: All requests shall be directed to the director of public records ((officer)) and open public meetings at the address set forth in WAC 478-276-140. The request shall include the following information:

(1) The name and address of the person requesting the records;

(2) The ((time of day and calendar)) date on which the request was made; and

(3) The public record(s) requested.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-080, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-080, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-080, filed 10/2/81; Order 73-5, 478-276-080, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-100   Inspection of public records -- Copying -- Costs.   (1) Public records of the University of Washington required to be disclosed by chapter 42.17 RCW, shall be made available for inspection and copying ((at)) by the public records and open public meetings office staff under the supervision of the director of public records ((officer)) and open public meetings. Arrangements for photocopying of documents in accordance with RCW 42.17.300 shall be made by the university in such a way as to protect the records from damage or disorganization and to prevent excessive interference with other essential functions of the agency.

(2) No fee shall be charged for the inspection of public records. The university imposes a charge for providing copies of public records ((and for the costs of envelopes)) whether the copies are on paper or on other media such as, but not limited to, CDs, diskettes, audio or videotape; the university also charges for packaging, postage, and other charges as allowed by statute. Such charges shall not exceed the amount necessary to reimburse the university for actual costs as allowed by law.

(3) No person shall be provided a copy of a public record which has been copied by the university at the request of such person until and unless such person has tendered payment for the charge for providing such copying.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-100, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-100, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-100, filed 10/2/81; Order 73-5, 478-276-100, filed 5/29/73.]


AMENDATORY SECTION(Amending Order 81-2, filed 10/2/81)

WAC 478-276-120   Review of denials of public records requests.   (1) ((The)) A person who has been denied access to public records may submit to the director of public records ((officer)) and open public meetings a petition for prompt review of such decision. The written request shall specifically refer to the written statement by the director of public records ((officer)) and open public meetings or staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the director of public records ((officer)) and open public meetings or other staff member denying the request shall refer it to the office of the president of the University of Washington. The petition shall be reviewed promptly and the action of the public records ((officer)) and open public meetings office staff shall be approved or disapproved. Such approval or disapproval shall constitute final university action for purposes of judicial review.

[Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-120, filed 10/2/81; Order 73-5, 478-276-120, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-140   Public records and open public meetings office -- Address.   All requests for public records to the University of Washington shall be addressed as follows:


University of Washington

((Public Records Officer))

Public Records and Open Public Meetings Office

4014 University Way N.E.

Seattle, WA 98105-6203


(for internal campus mail use: Box 355502). The telephone number of the public records and open public meetings office is (206) 543-9180((, FAX: 543-0786)).

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-140, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-140, filed 10/2/81; Order 73-5, 478-276-140, filed 5/29/73.]

Washington State Code Reviser's Office