Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-15-035.

     Title of Rule and Other Identifying Information: Chapter 352-40 WAC, Public records. The proposed 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.

     Hearing Location(s): C-Tran Building, 3510 S.E. 164th Avenue, Vancouver, WA 98583, (360) 695-0123, on November 13, 2008, at 9:00 a.m.

     Date of Intended Adoption: November 13, 2008.

     Submit Written Comments to: Karen Clevenger, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, phone (360) 902-8514, fax (360) 586-5875, e-mail Karen.Clevenger@parks.wa.gov, by October 23, 2008.

     Assistance for Persons with Disabilities: Contact Pauli Larson by October 30, 2008, TTY (360) 664-3133 or (360) 902-8505.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed 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, conform the commission's rules to state statute, and make other technical changes.

     Chapter 352-40 WAC implements procedural requirements that the Public Records Act, chapter 42.56 RCW, places on state agencies. Chapter 42.56 RCW requires that citizens have prompt access to public records and that agencies adopt procedures to assure such access. Chapter 42.56 RCW also requires agencies to publish certain information to assist citizens in requesting public records. The commission's rules were last modified in May 2003. Since then,

•	The attorney general adopted model rules (best practices) to assistant agencies in complying with public record requests. State parks has included many of the model rules in its amendments.
•	The Public Records Act was recodified in new chapter 42.56 RCW, necessitating revisions to state park WACs.
•	State parks updated its policy and procedures for public records requests in November 2007, including a review and revision of copy fees and payment policy. These proposed amendments conform to the new internal policies.
•	Agency contact information (phone numbers and addresses) listed in the existing rules is outdated.

     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.

     Statute Being Implemented: Chapter 42.56 RCW.

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

     Name of Proponent: Washington state parks and recreation commission, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Karen Clevenger, 7150 Cleanwater Drive, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8514.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These chapters of administrative rule do not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.

     A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.

September 17, 2008

Jim French

Chief of Policy Research

and Program Development

OTS-1788.1

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.]

     (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.]

     (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.]

     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.]

     (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:

     7150 Cleanwater Dr. S.W.

     Olympia, WA 98504

     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.]

     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.]

     (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.]

     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.]

     (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.]

     (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.]

     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.]

     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.]

     The following section of the Washington Administrative Code is repealed:

WAC 352-40-150

Adoption of form.

© Washington State Code Reviser's Office