OFFICE OF

ADMINISTRATIVE HEARINGS

The purpose of this chapter is to provide rules ((implementing RCW 42.17.250 [42.56.040] et seq. for the office of administrative hearings)) for the office of administrative hearings to implement the provisions of chapter 42.56 RCW relating to public records.

The definitions set forth in RCW 42.56.010 apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Case" means an adjudicative proceeding as defined in RCW 34.05.010(1).

(2) "Case file" means the same thing as "official record" while a case is pending with the office. Once a case is no longer pending with the office, "case file" means any records possessed by the office which are copies of all or part of the official record.

(3) "Days" means calendar days unless otherwise stated.

(4) "Office" means the office of administrative hearings. Where appropriate, office also refers to the staff and employees of the office of administrative hearings.

(5) "Official record" means the complete record of a case, as defined in RCW 34.05.476. The official record may be either paper or electronic. The official record does not include any additional copies or drafts of documents, or notes.

(6) "Page" means one impression on a single side of a sheet of paper, or the electronic equivalent.

(7) "Public records officer" means the public records officer or designee for the office appointed by the chief administrative law judge.

(8) "Referring agency" means an agency that refers cases to the office under RCW 34.05.425 (1)(c).

(1) The office ((of administrative hearings)) conducts impartial administrative hearings for ((state agencies and local governments pursuant to)) referring agencies under chapter 34.12 RCW. ((The office is under the direction of the chief administrative law judge.

(2) The ((administrative)) office headquarters is located at 2420 Bristol Ct. SW, P.O. Box 42488, Olympia, Washington, 98504-2488. The ((office)) headquarters hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, except legal holidays. ((Administrative law judges are assigned to field offices located in Olympia, Seattle, Spokane, Tacoma, and Yakima. Each office is headed by an assistant chief administrative law judge.

The office is under the direction of the chief administrative law judge. Administrative law judges preside over hearings in cases and issue initial or final orders, including findings of fact and conclusions of law. Administrative law judges are assigned to locations in Olympia, Seattle, Spokane Valley, and Tacoma.

((Public records are available for public inspection and copying except as otherwise provided under chapter 42.17 RCW and these rules.)) (1) The public records officer is appointed by the chief administrative law judge and is located in the headquarters office.

Public records are available for inspection during normal business hours. For the purposes of this chapter, normal business hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Monday through Friday, except legal holidays. Records must be inspected at the headquarters office or other location as authorized by the public records officer.

(1) The office is the custodian of the official record only while a case is pending with the office. The referring agency is the custodian of the official record at all other times.

(2) Requestors seeking to inspect or receive copies of the official record for cases pending with the office should direct their requests to the office. Requestors seeking to inspect or receive copies of the official record for cases that are no longer pending with the office should direct their requests to the referring agency.

(3) Requestors seeking to inspect or receive copies of the case file should direct their requests to the office.

((The public records officer for the administrative office shall be the executive assistant. For those records maintained at field office locations, the public records officer shall be the senior administrative law judge.)) (1) Prior to submitting a records request, requestors are encouraged to view documents available on the office web site at www.oah.wa.gov.

(1) Within five business days of receipt of the request, the public records officer will acknowledge receipt and do one or more of the following:

(a) Make the records available for inspection or copying;

(b) Send copies of the records to the requestor, if copies are requested and the requestor has paid any fees that are due;

(c) Provide a reasonable estimate of when the records will be available;

(d) Request clarification from the requestor, if the request is unclear or does not sufficiently identify the requested records; or

(e) Deny the request.

(2) Before providing public records, the public records officer may notify others potentially affected by the disclosure of those records, so that they can seek a court order to prevent or limit the disclosure under RCW 42.56.540. The notice to the affected persons will include a copy of the public records request.

(3) Some records are exempt from disclosure, in whole or in part, and may be withheld or redacted.

(4) The office is not required to create a record that does not otherwise exist.

(5) The public records officer will close a request and inform the requestor that the office has closed the request if the requestor:

(a) Withdraws the request;

(b) Fails to inspect the records;

(c) Fails to pay a fee for records within thirty days after the office sends notification of the fee to the requestor; or

(d) Fails to claim copies of records within thirty days after the office sends notification that the copies are available.

(2) The public records officer shall assist the member of the public in appropriately identifying the public record requested.)) (1) The office will provide space to inspect public records.

(1) The office will maintain its records in a reasonably organized manner and will take reasonable actions to protect records from damage and disorganization.

(2) Records will be made available to the requestor for inspection subject to the following restrictions:

(a) The records must not be removed from the designated area;

(b) The public records officer may limit the number of pages provided for inspection at one time;

(c) All possible care must be taken to prevent damage to the records;

(d) Records may not be marked, altered, cut or mutilated in any way;

(e) Use of liquids, eating, drinking, and smoking while inspecting the records is prohibited;

(f) Records must not be defaced in any way, including by writing on, folding, tracing or fastening them with fasteners other than those already existing in file;

(g) Records must be kept in the order in which they are received; and

(h) All copying of records will be done by office staff.

((No fee shall be charged for the inspection of public records. The office shall charge a fee of fifteen cents per page of copy for providing copies of public records and for the use of the office's copy equipment, including electronic telefacsimile transmission, plus the actual postage or delivery charge. Fees may be waived for minimal copies.)) (1) The public records officer may provide access to records in installments under RCW 42.56.080.

(1) When providing electronic records, the public records officer will provide records in a file format that is generally commercially available.

(2) If a record exists on a web page, the public records officer may respond by providing the link to the record.

(1) The office ((reserves the right to)) must determine ((that)) if a public record requested ((in accordance with the procedures outlined in WAC 10-04-050)) is exempt from disclosure, in whole or in part, under ((the provisions of)) chapter ((42.17)) 42.56 RCW or other applicable law.

(2) ((In addition, pursuant to RCW 42.17.260(1), the office reserves the right to 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 chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying 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 records withheld.)) If an entire record is exempt from disclosure it will be withheld. For each record withheld, the public records officer will identify the record, note the applicable exemption and give a brief explanation for each exemption. If only parts of a record are exempt from disclosure, the public records officer will redact the exempt parts, note the applicable exemptions, and give a brief explanation for each exemption.

(1) There is no fee for inspecting public records.

(2) The office will charge for providing copies of public records and will maintain a fee schedule on its web site.

(3) The office is not calculating actual costs for copying its records because doing so would be unduly burdensome for the following reasons:

(a) The office does not have the resources to conduct a study to determine actual copying costs;

(b) Conducting such a study would interfere with other essential agency functions; and

(c) Through the legislative process, the public and requestors have commented on and been informed of authorized fees and costs provided in the Public Records Act and other laws.

(4) The office uses the standard fees and costs authorized in RCW 42.56.120.

(5) The public records officer may require payment of fees before providing the records.

(a) Before beginning to copy public records, a deposit of up to ten percent of the estimated costs of copying may be required.

(b) Payment of the costs of copying an installment may be required before the installment is provided.

(c) If payment of fees is required, the office will send notification to the requestor. Within thirty days after the office sends notification, the requestor must pay the fee or make other arrangements with the office.

(6) The office will not charge sales tax for copies of public records.

(7) The office will accept payment by check, money order, or cash. For cash payments, it is within the office's discretion to determine the denomination of bills and coins that will be accepted.

(1) A ((person)) requestor whose request for a public record has been denied or who believes that the office has not made a reasonable estimate of the time to respond to the request may petition the chief administrative law judge for ((prompt)) review of the denial ((by submitting a written request for review)) or estimate.

(a) The ((written request shall specifically refer to)) petition must be in writing and include a copy of, or reasonably identify, the written statement by the public records officer ((or other 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 public records officer or other staff member denying the request shall refer it to the chief administrative law judge or designee.)) denying the request or providing the estimate.

(2) The chief administrative law judge ((or designee shall immediately)) will consider the ((matter)) petition and either affirm, modify, or reverse the denial or the estimate. This review will be completed within two business days following the ((original denial)) office's receipt of the petition, or within such times as mutually agreed by the office and the requestor.

(3) ((A person whose request for a public record has been denied)) If the office denies access to a public record because it claims the record is exempt from disclosure in whole or in part, the requestor may request the attorney ((general)) general's office to review the ((matter pursuant to RCW 42.17.325)) denial under RCW 42.56.530.

(1) The office's index of public records is available at www.oah.wa.gov.

(2) The state general records retention schedule and the office's records retention schedule supplement the office's index.

(5) Persons requesting, inspecting, or copying public records shall not disrupt the office.)) Information about requesting public records from the office is at www.oah.wa.gov. Requests for public records and related questions should be directed to the public records officer, who may be contacted as follows: