(1)
Each agency, in accordance with published rules, shall make
available for public inspection and copying all public records,
unless the record falls within the specific exemptions of
*subsection (6) of this section, this chapter, or other statute
which exempts or prohibits disclosure of specific information or
records. To the extent required to prevent an unreasonable
invasion of personal privacy interests protected by this chapter,
an agency shall delete identifying details in a manner consistent
with this chapter when it makes available or publishes any public
record; however, in each case, the justification for the deletion
shall be explained fully in writing.
(2) For informational purposes, each agency shall publish
and maintain a current list containing every law, other than
those listed in this chapter, that the agency believes exempts or
prohibits disclosure of specific information or records of the
agency. An agency's failure to list an exemption shall not
affect the efficacy of any exemption.
(3) Each local agency shall maintain and make available for
public inspection and copying a current index providing
identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of
policy, statute, and the Constitution which have been adopted by
the agency;
(c) Administrative staff manuals and instructions to staff
that affect a member of the public;
(d) Planning policies and goals, and interim and final
planning decisions;
(e) Factual staff reports and studies, factual consultant's
reports and studies, scientific reports and studies, and any
other factual information derived from tests, studies, reports,
or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by
and with the agency relating to any regulatory, supervisory, or
enforcement responsibilities of the agency, whereby the agency
determines, or opines upon, or is asked to determine or opine
upon, the rights of the state, the public, a subdivision of state
government, or of any private party.
(4) A local agency need not maintain such an index, if to do
so would be unduly burdensome, but it shall in that event:
(a) Issue and publish a formal order specifying the reasons
why and the extent to which compliance would unduly burden or
interfere with agency operations; and
(b) Make available for public inspection and copying all
indexes maintained for agency use.
(5) Each state agency shall, by rule, establish and
implement a system of indexing for the identification and
location of the following records:
(a) All records issued before July 1, 1990, for which the
agency has maintained an index;
(b) Final orders entered after June 30, 1990, that are
issued in adjudicative proceedings as defined in RCW 34.05.010
and that contain an analysis or decision of substantial
importance to the agency in carrying out its duties;
(c) Declaratory orders entered after June 30, 1990, that are
issued pursuant to RCW 34.05.240 and that contain an analysis or
decision of substantial importance to the agency in carrying out
its duties;
(d) Interpretive statements as defined in RCW 34.05.010 that
were entered after June 30, 1990; and
(e) Policy statements as defined in RCW 34.05.010 that were
entered after June 30, 1990.
Rules establishing systems of indexing shall include, but
not be limited to, requirements for the form and content of the
index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies that
have maintained indexes for records issued before July 1, 1990,
shall continue to make such indexes available for public
inspection and copying. Information in such indexes may be
incorporated into indexes prepared pursuant to this subsection.
State agencies may satisfy the requirements of this subsection by
making available to the public indexes prepared by other parties
but actually used by the agency in its operations. State
agencies shall make indexes available for public inspection and
copying. State agencies may charge a fee to cover the actual
costs of providing individual mailed copies of indexes.
(6) A public record may be relied on, used, or cited as
precedent by an agency against a party other than an agency and
it may be invoked by the agency for any other purpose only if:
(a) It has been indexed in an index available to the public;
or
(b) Parties affected have timely notice (actual or
constructive) of the terms thereof.
(7) Each agency shall establish, maintain, and make
available for public inspection and copying a statement of the
actual per page cost or other costs, if any, that it charges for
providing photocopies of public records and a statement of the
factors and manner used to determine the actual per page cost or
other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all costs
directly incident to copying such public records including the
actual cost of the paper and the per page cost for use of agency
copying equipment. In determining other actual costs for
providing photocopies of public records, an agency may include
all costs directly incident to shipping such public records,
including the cost of postage or delivery charges and the cost of
any container or envelope used.
(b) In determining the actual per page cost or other costs
for providing copies of public records, an agency may not include
staff salaries, benefits, or other general administrative or
overhead charges, unless those costs are directly related to the
actual cost of copying the public records. Staff time to copy
and mail the requested public records may be included in an
agency's costs.
(8) An agency need not calculate the actual per page cost or
other costs it charges for providing photocopies of public
records if to do so would be unduly burdensome, but in that
event: The agency may not charge in excess of fifteen cents per
page for photocopies of public records or for the use of agency
equipment to photocopy public records and the actual postage or
delivery charge and the cost of any container or envelope used to
mail the public records to the requestor.
(9) This chapter shall not be construed as giving authority
to any agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives to
give, sell or provide access to lists of individuals requested
for commercial purposes, and agencies, the office of the
secretary of the senate, and the office of the chief clerk of the
house of representatives shall not do so unless specifically
authorized or directed by law: PROVIDED, HOWEVER, That lists of
applicants for professional licenses and of professional
licensees shall be made available to those professional
associations or educational organizations recognized by their
professional licensing or examination board, upon payment of a
reasonable charge therefor: PROVIDED FURTHER, That such
recognition may be refused only for a good cause pursuant to a
hearing under the provisions of chapter 34.05 RCW, the
Administrative Procedure Act.
[2005 c 274 § 284; 1997 c 409 § 601. Prior: 1995 c 397 § 11; 1995 c 341 § 1; 1992 c 139 § 3; 1989 c 175 § 36; 1987 c 403 § 3; 1975 1st ex.s. c 294 § 14; 1973 c 1 § 26 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.260.]
NOTES:
*Reviser's note: Subsection (6) of this section was renumbered as subsection (7) by 1992 c 139 § 3; and subsection (7) was subsequently renumbered as subsection (9) by 1995 c 341 § 1.
Part headings -- Severability -- 1997 c 409: See notes following RCW 43.22.051.
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Intent -- Severability -- 1987 c 403: See notes following RCW 42.56.050.
Exemption for registered trade names: RCW 19.80.065.