WSR 04-05-089

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 18, 2004, 8:12 a.m. ]

     Date of Adoption: February 12, 2004.

     Purpose: To amend sections of chapter 260-08 WAC dealing with public records and public disclosure.

     Citation of Existing Rules Affected by this Order: Repealing WAC 260-08-600 Disclaimer of public liability, 260-08-610 Public records -- Officer and 260-08-640 Exemptions; and amending WAC 260-08-620 Requests for public records, 260-08-630 Copying fees, 260-08-650 Review of denials of public records, and 260-08-660 Protection of public records.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 04-02-031 on December 31, 2004 [2003].

     Changes Other than Editing from Proposed to Adopted Version: WAC 260-08-620(2) the phrase "including e-mail" is added after "by mail."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 3.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 3;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 13, 2004

R. M. Leichner

Executive Secretary

OTS-6793.1


AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93, effective 12/20/93)

WAC 260-08-620   Requests for public records.   Persons requesting opportunity to copy or inspect the commission's public records shall follow these procedures:

     (1) ((Informal oral requests may be made to the commission's main office.

     (2) The commission may require a person who has made an informal request to submit a formal written request.

     (3))) All requests to copy or inspect public records shall be made in writing.

     (2) All ((formal)) requests shall be submitted by mail, including e-mail, or personally to the commission's main office.

     (((4))) (3) Each ((formal)) request shall include the following information:

     (a) The name of the person or persons making the request.

     (b) The ((time of day and)) calendar date on which the request is made.

     (c) The nature of the request, including description of the requested records by title, subject matter, date and other means of enabling the staff of the commission to identify the requested records and make them available.

     (d) A signed statement that the material will not be used for commercial purposes, in the event that a list of any type is included in the material requested.

     (((5))) (4) The staff of the commission shall assist any person making a request((, whether formal or informal,)) in identifying the requested record or records ((but in the case of formal request)), and return the ((formal)) request for resubmission with additional description of the requested records.

[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-620, filed 11/19/93, effective 12/20/93.]


AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93, effective 12/20/93)

WAC 260-08-630   Copying fees.   No fee shall be charged for the inspection of public records. The commission may charge a fee per page, as provided in RCW 42.17.300 for providing copies of public records and for use of the office's copy equipment, ((subject to a minimum charge per order of $1.00,)) plus postage at actual cost if the records are mailed. This charge is the amount necessary to reimburse the office for its actual costs incident to such copying and mailing ((or transmission)).

[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-630, filed 11/19/93, effective 12/20/93.]


AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93, effective 12/20/93)

WAC 260-08-650   Review of denials of public records.   (1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review to the commission's main office. The written request shall specifically refer to the written statement by the ((public information officer or other)) staff member, which constituted or accompanied the denial and must be made in writing prior to the end of the second business day following the denial.

     (2) After receiving a written request for review of a decision denying a public record, the ((public records officer or other)) staff member denying the request shall refer it to the ((chairperson of the commission)) executive secretary or his or her designee. The ((chairperson of the commission)) executive secretary or designee shall immediately consider the matter and either affirm or reverse such denial, in whole or in part, within ((five)) two business days following the original denial.

     (3) Administrative remedies shall not be considered exhausted until the ((chairperson of the commission)) executive secretary or his or her designee has returned the petition with a decision or until the close of the ((fifth)) second business day following denial of inspection, whichever occurs first.

[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-650, filed 11/19/93, effective 12/20/93.]


AMENDATORY SECTION(Amending WSR 93-24-016, filed 11/19/93, effective 12/20/93)

WAC 260-08-660   Protection of public records.   (1) No person shall knowingly alter, deface, or destroy public records of the commission.

     (2) Original copies of public records shall not be removed from premises where maintained by the office.

     (3) Care and safekeeping of public records of the commission, furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.

     (4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.

     (5) ((Boisterous or otherwise disruptive conduct by those requesting public records of the commission shall not be permitted.)) Persons requesting, inspecting, or copying public records shall not disrupt the commission office.

[Statutory Authority: RCW 67.16.040. 93-24-016, § 260-08-660, filed 11/19/93, effective 12/20/93.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-08-600 Disclaimer of public liability.
WAC 260-08-610 Public records -- Officer.
WAC 260-08-640 Exemptions.

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