WSR 08-24-005

PERMANENT RULES

PARKS AND RECREATION

COMMISSION

[ Filed November 20, 2008, 10:34 a.m. , effective December 21, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: These amendments update the commission's rules on public records to bring the rules current with chapter 42.56 RCW, Public Records Act, and update all information necessary to provide the public with access to the agency's public records. The amendments modify payment provisions, make discretionary the public's use of the agency's record request form, provide for appeal procedures if records are denied, correlate the commission's rules to state statute, and make other technical changes.

Citation of Existing Rules Affected by this Order: Repealing WAC 352-40-150; and amending chapter 352-40 WAC (WAC 352-40-010, 352-40-020, 352-40-030, 352-40-040, 352-40-060, 352-40-070, 352-40-080, 352-40-090, 352-40-100, 352-40-110, 352-40-120, and 352-40-130).

Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.56 RCW, Public Records Act, including RCW 42.56.040 and 42.56.070.

Adopted under notice filed as WSR 08-20-004 on September 17, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 10, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 12, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 12, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 13, 2008.

J. M. French

Chief of Policy Research

and Program Development

OTS-1788.2


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-010   What is the purpose of this chapter?   The purpose of this chapter is to ((ensure compliance by the Washington state parks and recreation commission with the provisions of RCW 42.17.250 through 42.17.320 dealing with public records)) implement the procedural requirements that the Public Records Act, chapter 42.56 RCW, places on state agencies.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-010, filed 5/19/03, effective 6/19/03; Order 15, 352-40-010, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-020   How do we define terms?   (1) In accordance with RCW ((42.17.020(36))) 42.56.010(2): "Public record" includes any writing containing information relating to the conduct of ((governmental)) 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) In accordance with RCW 42.56.010(3): "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 and translated.

(3) (("Washington state parks and recreation commission" is a commission appointed by the governor consisting of seven citizens of the state as outlined in RCW 79A.05.015.

(4) "Agency" refers to the staff and employees of the Washington state parks and recreation commission.)) "State parks" and "the agency" refer to the Washington state parks and recreation commission.

(4) "The commission" means the governor appointed governing board of state parks.

(5) "Headquarters" means state parks administration located in Olympia, Washington.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-020, filed 5/19/03, effective 6/19/03; Order 15, 352-40-020, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-030   Where can ((citizens)) I access ((agency)) state parks' public records?   Most public records of the commission and the agency are located at the Olympia 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 ((7150 Cleanwater Lane, Olympia, WA 98504-2650)) 1111 Israel Road S.W., Tumwater, WA 98501. Mailing address for the headquarters office is:


Washington State Parks and Recreation Commission

P.O. Box ((2650)) 42650

Olympia, WA 98504-2650

360-902-8500

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

E-mail: pao@parks.wa.gov


(b) ((The information center is available to assist with questions regarding specific parks, overnight accommodations, recreation programs and seasonal park closures. The center can send you a Request for Public Records form by e-mail or will refer your Request for Public Records form to the public records officer.


Phone: 360-902-8844

E-mail: infocent@parks.wa.gov


(c)
)) The public records officer is available to assist ((in coordination with viewing of or copying agency records)) with public records requests or questions. ((The reception area at the headquarters office in Olympia can refer you to the records officer.))


Phone: ((360-902-8500)) 360-902-8514

E-mail: public.disclosure@parks.wa.gov


(2) Location of regional offices:


Southwest Region

Headquarters Office

11838 Tilley Road S.E.

Olympia, WA 98512-9167

((360-753-7143)) 360-956-4800


Northwest Region

Headquarters Office

220 N. Walnut

Burlington, WA 98233

360-755-9231


Eastern Region

Headquarters Office

((2201 N. Duncan Drive

Wenatchee, WA 98801-1007

509-662-0420))

270 9th St. N.E., Suite 200

East Wenatchee, WA 98802

509-665-4319


Puget Sound Region

2840 Riverwalk Drive S.E.

Auburn, WA 98002-8207

((206-931-3907.)) 253-931-3907

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-030, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 42.17.250. 83-23-095 (Order 72), 352-40-030, filed 11/22/83; Order 15, 352-40-030, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-040   How is the agency organized and how is it operated?   ((All decisions involving basic policy are made by the commission.

Staff at HQ implements those policy decisions.

Staff at each region develop, maintain and steward the state parks according to the policy decisions.)) The Washington state park system includes one hundred twenty 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.

(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.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-040, filed 5/19/03, effective 6/19/03; Order 15, 352-40-040, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-060   ((What are the duties of the public records officer?)) Who do I contact to request state parks' public records?   The agency public records officer ((is)), located ((in the)) at headquarters ((administrative office and)), is responsible for:

(1) ((The implementation of the commission's rules and regulations regarding release of)) Receiving and reviewing requests for public records.

(2) Coordinating ((the agency in implementation of state)) agency records management ((techniques)) and agency indexing standards to ensure protection of, and prompt access to, public records.

(3) Implementing and ensuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW ((42.17.250 through 42.17.340)).

(((4) Assists requestors in coordination and viewing or copying of agency records.))


Mailing address:

P.O. Box 42650

Olympia, WA 98504-2650

Physical address:

1111 Israel Road S.W.

Tumwater, WA 98501

E-mail: public.disclosure@parks.wa.gov

Phone: 360-902-8514

FAX: 360-586-5875


(4) Contact information and our form for requesting public records from state parks are also available on our web site www.parks.wa.gov.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-060, filed 5/19/03, effective 6/19/03; Order 15, 352-40-060, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-070   When can I inspect public records?   Public records are available for inspection ((and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m.)) 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.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-070, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 42.17.250. 83-23-095 (Order 72), 352-40-070, filed 11/22/83; Order 15, 352-40-070, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-080   How do I request ((inspection or copying of)) state parks' public records?   ((In accordance with requirements of RCW 42.17.255, that agencies prevent unreasonable invasions of privacy and RCW 42.17.290 that agencies protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied, or copies of such records may be obtained, by members of the public upon compliance with the following procedure:

(1) A request shall be made in writing using agency Form A-374, Public Records Request. The form may be requested and obtained through the mail, by e-mail, or by fax as referenced in WAC 352-40-030. The form shall be presented to the public records officer or to any member of the agency if the public records officer is not available, during customary office hours. The agency may in its discretion fill requests made by telephone, e-mail or facsimile copy (fax). The request shall include the following information:)) Call, mail, e-mail, fax or drop your request at any state park office.

Using our request form, 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 of the person requesting the record;

(b) The date on which the request ((was)) is made;

(c) If inspection of the record is requested, the ((time of)) day and ((calendar date on which the requestor wishes)) time you wish to inspect the public records;

(d) ((An appropriate)) A description ((of)), with as much detail as you can provide, to help identify the record requested;

(e) A statement that the information will not be used for commercial purposes.

(2) ((The public records officer, or agency employee assisting the member of the public making the request, will ascertain that the information requested is not exempt from public inspection and copying as outlined in WAC 352-40-100.

(3) Requests for identifiable public records will be processed promptly. The agency will respond within five working days of receiving the request by either:

(a) Providing the record;

(b) Acknowledging receipt of request and providing a reasonable estimate of the time required to respond; or

(c) Denying the request.

Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging a receipt of a public record request that is unclear, the agency may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency need not respond to it.

(4))) The agency does not distinguish among persons requesting records 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 ((42.17.260(5))) 42.56.070(9) or other statute ((which)) that exempts or prohibits disclosure of specific information or records to certain persons. ((Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.))

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-080, filed 5/19/03, effective 6/19/03; Order 15, 352-40-080, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-090   ((Is there a cost to view or copy)) Will I have to pay to view 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 ((reimburse)) recover its costs for ((providing)) producing and mailing copies of records, as provided for by RCW 42.56.120. ((This amount shall be reviewed from time to time by the agency and shall represent the costs of providing copies of public records and for use of the agency's copy equipment, including staff time spent copying records, preparing records for copying, and restoring files. This charge is the amount necessary to reimburse the agency for its actual costs for copying and is payable at the time copies are furnished. The charge for special copy work of nonstandard public records shall reflect the total cost, including the staff time necessary to safeguard the integrity of these records.))

A list of copy charges is provided with state parks' "Request for Public Records" form, or you can contact the public records officer for ((fee schedule of copying costs)) a list of copy and mailing fees. Payment is required prior to receiving copies of records.

((The public records officer or designee may waive the fee if the cost of preparing a billing for recoverable reproduction costs exceeds the amount to be recovered.)) Charges totaling less than five dollars will be waived.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-090, filed 5/19/03, effective 6/19/03. Statutory Authority: Chapter 43.51 RCW. 92-10-019, 352-40-090, filed 4/29/92, effective 5/30/92; Order 15, 352-40-090, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-100   Can 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 ((RCW 42.17.255 and 42.17.310)) 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 RCW 79A.60.210, 79A.60.220, 5.60.060 (2)(a), 46.52.080, 7.69A.030(4) and 13.50.050(3).

(2) ((Under the provisions of RCW 42.17.260, the agency will delete identifying details when it makes available or publishes any public record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by RCW 42.17.260. The public records officer will fully justify such deletion in writing.)) Whenever possible, the agency will make requested records available after exempt information has been deleted or redacted.

(3) Under the provisions of RCW ((42.17.269)) 42.56.070(9), public records requests will also be denied if the purpose of the request is to sell or use the information for commercial purposes.

(((4) All denials of requests for public records must be accompanied by a written statement specifying)) If a request is denied, the agency will specify in writing the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-100, filed 5/19/03, effective 6/19/03; Order 15, 352-40-100, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-110   ((What is the review process for a denial of a public records request?)) What 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 ((or designee denying the request shall immediately send a copy of the written response)) will promptly provide the petition and any other relevant information to the director ((of the commission)) or designee to conduct a review.

(c) The director or designee ((shall)) 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 ((such)) the denial. If the director or designee has not responded to the requestor by the end of the two business days following denial of ((inspection)) access, then the request is deemed denied.

(2) Ask the attorney general to review the matter. Pursuant to RCW 42.56.530, the attorney general 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.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-110, filed 5/19/03, effective 6/19/03; Order 15, 352-40-110, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-120   How does the agency protect public records?   ((Public records of the agency are located in the Olympia headquarters and each of the regional locations as outlined in WAC 352-40-030. Records are available for inspection and copying at these locations during office hours identified in WAC 352-40-070.

In order to protect these records, you must comply with)) (1) The following guidelines have been put in place to help the agency protect the public records under its care:

(((1))) (a) You may not remove any public record from the agency premises.

(((2))) (b) You must have a designated agency employee present while inspecting public records.

(((3))) (c) You may not mark or deface a public record in any manner during inspection.

(((4))) (d) You may not dismantle public records ((which)) 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.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-120, filed 5/19/03, effective 6/19/03; Order 15, 352-40-120, filed 7/25/73.]


AMENDATORY SECTION(Amending WSR 03-11-068, filed 5/19/03, effective 6/19/03)

WAC 352-40-130   How are agency records indexed?   ((The)) Records retention schedules established ((by the division of state archives of the office of the secretary of state)) and maintained under the directives of RCW 40.14.060 serve((s)) as an index for the identification and location of agency records ((and includes all records issued before July 1, 1990, for which the agency has maintained an index)).

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, ((shall be)) is maintained by the agency.

In addition, the agency has a functional index coding system for physical files, commission policy, administrative policy and agency procedures.

Commission meetings minutes are indexed by year, month, and agenda item number. They are also summarized by topic.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. 03-11-068, 352-40-130, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 43.51.040. 90-20-032, 352-40-130, filed 9/25/90, effective 10/26/90; Order 15, 352-40-130, filed 7/25/73.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 352-40-150 Adoption of form.

Washington State Code Reviser's Office