WSR 12-21-047

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed October 12, 2012, 10:07 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-04-104.

Title of Rule and Other Identifying Information: Chapter 478-276 WAC, Governing access to public records.

Hearing Location(s): Room 142 Gerberding Hall, University of Washington, Seattle Campus, on December 7, 2012, at 12:00 noon.

Date of Intended Adoption: January 10, 2013.

Submit Written Comments to: Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210, e-mail rules@uw.edu, fax (206) 685-3825, by December 7, 2012.

Assistance for Persons with Disabilities: Contact disability services office by November 21, 2012, TTY (206) 543-6452 or (206) 543-6450.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The University of Washington proposes amending chapter 478-276 WAC to better conform to the attorney general's public disclosure model rules, to modify business hours as provided in RCW 42.56.090, and to reflect current business practices.

Statutory Authority for Adoption: RCW 28B.20.130 and chapter 42.56 RCW.

Statute Being Implemented: Chapter 42.56 RCW.

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

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting and Enforcement: Eliza Saunders, Director, Office of Public Records and Open Public Meetings, 4311 11th Avenue N.E., Suite 360, Seattle, WA 98105, (206) 543-9180; and Implementation: Norm Arkans, Associate Vice-President, Media Relations and Communications, Room 202, Gerberding Hall, UW Seattle Campus, (206) 543-2560.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose a disproportionate impact on small businesses or affect a school district under Title 28A RCW.

A cost-benefit analysis is not required under RCW 34.05.328. The University of Washington does not consider these to be significant legislative rules.

October 12, 2012

Rebecca Goodwin Deardorff

Director of

Rules Coordination

OTS-5043.2


AMENDATORY SECTION(Amending WSR 06-17-131, filed 8/22/06, effective 9/22/06)

WAC 478-276-010   Purpose.   This chapter is enacted by the board of regents of the University of Washington in compliance with the ((provisions of chapter 42.56 RCW, "))Public Records Act. The university adopts these rules and regulations so as to provide fullest assistance to inquirers and full public access to the university's public records while protecting those records from damage or disorganization; preventing excessive interference with other essential university functions, including the university's core education and research missions; and not unreasonably disrupting university operations.(("))

[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, 478-276-010, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-010, filed 4/24/91, effective 5/25/91. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-010, filed 10/2/81; Order 73-5, 478-276-010, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

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.)) "Business days" are weekdays, Monday through Friday, excluding official Washington state holidays and university closures.

(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)) "Public Records Act" means chapter 42.56 RCW.

(3) "Public records office" means the university's office of public records and open public meetings.

(4) "University" means the state university established under chapter 28B.20 RCW and designated the University of Washington.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-020, filed 5/23/01, effective 6/23/01; Order 73-5, 478-276-020, filed 5/29/73.]


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

WAC 478-276-050   Public records available.   ((All public records of the University of Washington, as defined in WAC 478-276-020, are deemed to be)) The university's public records are available for public inspection and copying pursuant to these rules, except as otherwise provided by law.

[Order 73-5, 478-276-050, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 07-03-069, filed 1/17/07, effective 2/17/07)

WAC 478-276-060   Public records officer.   ((For purposes of compliance with chapter 42.56 RCW, the person designated as public records officer for the University of Washington is the director of public records and open public meetings. Duties 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 42.56 RCW. The person so designated shall be at the following location:


University of Washington

Public Records and Open Public Meetings Office

4311 11th Ave. N.E.

Suite 360

Seattle, WA 98105


(for internal campus mail use: Box 354997).
)) The university's public records officer is the director of the public records office. The contact information for the public records officer is set forth under WAC 478-276-140.

[Statutory Authority: RCW 28B.20.130. 07-03-069, 478-276-060, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, 478-276-060, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, 478-276-060, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-060, filed 5/23/01, effective 6/23/01; 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 06-17-131, filed 8/22/06, effective 9/22/06)

WAC 478-276-080   Requests for public records.   ((In accordance with requirements of chapter 42.56 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 42.56 RCW, may be inspected or copies of such records may be obtained, by members of the public upon compliance with the following procedures:)) All requests under the Public Records Act to inspect or copy public records shall be in writing and shall be directed to the ((director of)) university's public records ((and open public meetings)) officer at the e-mail address, street address, or facsimile number set forth in WAC 478-276-140. The request shall include the following information:

(1) The requestor's name ((and)), e-mail address ((of the person requesting the records)) or street address, and telephone number; and

(2) ((The date on which the request was made; and

(3) The public record(s) requested.)) A request for identifiable public records.

An identifiable public record is one for which the requestor has given a reasonable description enabling the university to locate the requested record.

[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, 478-276-080, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-080, filed 5/23/01, effective 6/23/01; 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.]


NEW SECTION
WAC 478-276-085   Responses to public records requests.   (1) Responses generally. The public records office shall respond within five business days of receiving a public records request by:

(a) Providing the records;

(b) Providing an internet address and link to the records on a university web site;

(c) Acknowledging that the request has been received and providing a reasonable estimate of the time required to respond to the request; or

(d) Denying the request.

(2) Additional time. Additional time for the office to respond to a request may be based upon the need to:

(a) Clarify the request;

(b) Locate, assemble, and review the records requested;

(c) Notify third persons or agencies affected by the request; or

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(3) Request for clarification. If a public records request is unclear, the public records office may ask the requestor to clarify the request. If the requestor does not respond to a request for clarification or otherwise fails to clarify the records request within five business days, the university need not respond to it, and the university may consider the request abandoned and close it in accordance with WAC 478-276-105.

(4) Priority of requests. The public records office will handle requests in the order in which they are received; provided, however, that the public records office will modify this approach as, and to the extent it deems necessary, to ensure that requests which seek larger volumes of records, require closer review, or are otherwise more complicated or time consuming, do not unreasonably delay simpler, more routine requests.

(5) Installments. When it appears that the number of records responsive to a request may be large, that the process of locating, assembling, or reviewing the records may be lengthy, or that it is otherwise appropriate, the public records office may choose to provide records on a partial or installment basis. For the purposes of WAC 478-276-090 through 478-276-105, and unless otherwise provided under these rules, each installment of records shall be treated as a separate public records request.

(6) Customized electronic access. Where the public records office deems it appropriate, the university may choose to provide customized electronic access to public records; provided, however, that any requestor seeking such customized electronic access must pay, in advance, for university staff time and any other direct costs related to providing such customized electronic access.

[]


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

WAC 478-276-090   ((Commercial purposes.)) Notice of availability.   ((No provision of any regulation contained in this chapter 478-276 WAC shall be construed as giving authority to any faculty or staff member of the University of Washington to give, sell, or provide access to lists of individuals requested for commercial purposes)) (1) Notice of availability generally. Once records responsive to a request (or any installment thereof) have been located, assembled, reviewed, and prepared for release, and any affected third persons or agencies notified, the public records office shall promptly notify the requestor that those records are available for inspection or copying.

(2) Statement of copying, mailing, or other costs. The notice of availability will state any costs for obtaining a copy of the records, the costs for having a copy mailed to the requestor, and any other allowable costs under WAC 478-276-100 or the Public Records Act.

(3) Response to notice of availability. Upon receipt of a notice of availability, the requestor may inspect the records by either:

(a) Scheduling a viewing appointment with the public records office as provided under WAC 478-276-095;

(b) Requesting that a copy of the requested records be held for pickup at the public records office subject to payment of any copying or other charges as set forth under WAC 478-276-100; or

(c) Requesting that a copy of the requested records be sent to the requestor (subject to payment of any copying or other charges as set forth under WAC 478-276-100).

(4) Failure to respond to notice of availability. If, within ten business days of issuance of a notice of availability, the requestor fails to claim the records (or any installment thereof) by either scheduling a viewing appointment or requesting copies and making any required payment, the public records office may consider the request closed. In such case, the public records office may cease locating, assembling, reviewing, or otherwise processing any remaining records, and it may dispose of any records made available as provided under WAC 478-276-105.

[Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), 478-276-090, filed 10/2/81; Order 73-5, 478-276-090, filed 5/29/73.]


NEW SECTION
WAC 478-276-095   Viewing appointments.   (1) No fee. No fee shall be charged for inspecting records at the university's public records office.

(2) By appointment only. In-office inspections are by appointment only during regular office hours: Monday through Friday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., excluding university holidays, university closures, and such other closures as may be posted on the public records office's web site.

(3) Scheduling appointments. In-office inspections must be scheduled in advance by contacting the public records office (see WAC 478-276-140).

(4) Protection of public records. Access to records during viewing appointments shall be restricted to the viewing area designated by the public records office. No document shall be physically removed by a member of the public from the viewing area for any reason whatsoever; nor shall any member of the public who is viewing documents disassemble, deface, or cause the disorganization of any record for any reason whatsoever. A public records office staff member may observe any inspection to ensure that records are not disorganized, defaced, or otherwise harmed.

(5) Identification of records reviewed. At the end of each viewing appointment, the requestor will identify to the public records office staff those records reviewed during the appointment. If any records remain to be reviewed, another viewing appointment must be scheduled at that time. Reviewed records, or remaining records for which no further viewing appointment has been scheduled, are subject to disposition as provided under WAC 478-276-105.

(6) Obtaining copies at viewing appointments. At the end of each viewing appointment, the requestor shall identify to the public records office staff any records he or she would like copied. The public records office staff will arrange to provide such copies in as timely a manner as possible in view of all circumstances, including the volume of copies requested, any pending copying requests, time of day, staff resources, and any other relevant considerations. Records identified for copying during viewing appointments are subject to prepayment of any copying or other costs in accordance with WAC 478-276-100. Requestors may not make their own copies of public records during viewing appointments.

(7) Failure to attend a scheduled viewing appointment. A requestor who fails to attend a scheduled viewing appointment must call the public records office within five business days to reschedule the missed appointment. Unless otherwise permitted by the public records office, a viewing appointment may not be rescheduled more than two times. If a requestor fails to reschedule a missed viewing appointment within five business days or has already rescheduled the appointment two times, the public records office may consider the request closed and may dispose of any records or copies made available in accordance with WAC 478-276-105.

[]


AMENDATORY SECTION(Amending WSR 06-17-131, filed 8/22/06, effective 9/22/06)

WAC 478-276-100   ((Inspection of public records -- )) Copying(( -- Costs)).   (((1) Public records of the University of Washington required to be disclosed by chapter 42.56 RCW, shall be made available for inspection and copying by the public records and open public meetings office staff under the supervision of the director of public records and open public meetings. Arrangements for photocopying of documents in accordance with RCW 42.56.210 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 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.)) (1) Copying facilities available. Facilities shall be made available to requestors for the copying of public records as set forth under WAC 478-276-095, except when and to the extent that this would unreasonably disrupt the operations of the public records office.

(2) Copying costs. The university may charge for providing copies of public records. Charges are posted on the office's web site.

(3) Other costs. The university may charge for nonpaper media (for example, without limitation, compact disks (CDs), digital versatile disks (DVDs), audiotape, or videotape) used to provide copies, packaging, postage, or other charges as allowed by law. Such charges shall not exceed the amount necessary to reimburse the university for actual costs.

(4) Deposits. The university may require a ten percent deposit on copying or other charges. Any required deposit must be paid before the request is processed.

(5) Prepayment. The public records office shall not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth above. If payment is not received by the public records office within fifteen business days of issuance of the university's notice of availability, the university may consider the request closed, and any records or copies responsive to such request shall be subject to disposition as provided under WAC 478-276-105.

[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, 478-276-100, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-100, filed 5/23/01, effective 6/23/01; 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 WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-276-105   ((Protection of)) Closing public records requests.   ((Access to any "writing," as defined in WAC 478-276-020(2), shall be restricted to the viewing area designated by the university. No document shall be physically removed by a member of the public from the viewing area for any reason whatsoever. Nor shall any member of the public who is viewing documents disassemble, deface, or cause the disorganization of documents for any reason whatsoever.)) (1) Closing requests generally. Once the requestor has reviewed or been provided with copies of the records made available in response to his or her request, that request shall be deemed closed; provided, however, that with respect to any installment of records other than the final installment, and except as otherwise provided in these rules (including, without limitation subsection (2)(c) of this section), the foregoing shall apply only to that installment, not the entire request.

(2) Other closing events. A request may also be deemed closed:

(a) If a requestor does not respond to a request for clarification or otherwise fails to clarify within five business days;

(b) If the requestor fails to make a required deposit or payment for requested copies as provided under WAC 478-276-100;

(c) If the requestor fails to respond to a notice of availability as provided under WAC 478-276-090;

(d) If all records identified in any notice of availability (including a notice with respect to an installment of records) have not been inspected, paid for, or picked up within fifteen business days of issuance of such notice of availability; or

(e) As otherwise provided under these rules or by law.

(3) Disposition of records upon closing. Upon the closing of a request, originals of any records assembled in response to the request shall be refiled, and any copies of records may be destroyed.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-276-105, filed 6/19/97, effective 7/20/97.]


AMENDATORY SECTION(Amending WSR 06-17-131, filed 8/22/06, effective 9/22/06)

WAC 478-276-110   Exemptions(( -- )) and court protection.   (1) Exemptions generally. The university ((of Washington)) reserves the right to determine that a public record requested in accordance with ((the procedures outlined in)) WAC 478-276-080, or any portion thereof, is exempt under the ((provisions of chapter 42.56 RCW)) Public Records Act.

(2) ((In addition, pursuant to chapter 42.56 RCW, the University of Washington reserves the right to delete identifying details when it makes available or publishes any public record in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by RCW 42.56.050.)) Commercial purposes. The Public Records Act prohibits the university from disclosing lists of individuals requested for commercial purposes.

(3) ((Responses by the University of Washington refusing, in whole or in part, inspection of any record)) Identification of exemptions. Public records office responses denying inspection of any record, in whole or in part, shall include a statement of the specific exemption(s) authorizing the withholding of the record (or ((part)) portion thereof) and a brief explanation of how the exemption applies to the record or information withheld.

(4) Enjoining inspection. Pursuant to ((RCW 42.56.540)) the Public Records Act, the university ((of Washington)) reserves the right to seek to enjoin the ((examination)) inspection of any specific record((, the examination of which)) if the university determines that inspection would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially and irreparably damage vital governmental functions.

[Statutory Authority: RCW 28B.20.130, 2005 c 274, and Executive Order 97-02. 06-17-131, 478-276-110, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-276-110, filed 4/24/91, effective 5/25/91; Order 73-5, 478-276-110, filed 5/29/73.]


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

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

(2) ((Immediately)) Response to petition. After receiving a written request for review of a decision denying a public record, the ((director of)) public records ((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)) office shall promptly refer it to the hearing officer. The petition shall be reviewed ((promptly)) and the action of the public records ((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, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-120, filed 5/23/01, effective 6/23/01. 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 06-13-021, filed 6/13/06, effective 7/14/06)

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 and Open Public Meetings Office

4311 11th Ave. N.E.

Suite 360

Seattle, WA 98105


(for internal campus mail use: Box 354997). The telephone number of the public records and open public meetings office is 206-543-9180.
)) The university's public records officer may be contacted at the following physical address, telephone numbers, or e-mail address:


Office of Public Records and Open Public Meetings

University of Washington

4311 11th Ave. N.E., Suite 360

Seattle, WA 98105

Telephone: 206-543-9180

Facsimile: 206-616-6294

E-mail: pubrec@uw.edu


The public records office's web site is at http://depts.washington.edu/publicrecords.

[Statutory Authority: RCW 28B.20.130 and Executive Order 97-02. 06-13-021, 478-276-140, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 28B.20.130 and chapter 42.17 RCW. 03-12-007, 478-276-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-276-140, filed 5/23/01, effective 6/23/01; 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 478-276-070 Times for inspection and copying.