WAC 44-14-04005
Inspection of records. (1) Obligation
of requestor to claim or review records. After the agency
notifies the requestor that the records or an installment of
them are ready for inspection or copying, the requestor must
claim or review the records or the installment. RCW 42.17.300/42.56.120. If the requestor cannot claim or review
the records him or herself, a representative may do so within
the thirty-day period. Other arrangements can be mutually
agreed to between the requestor and the agency.
If a requestor fails to claim or review the records or an
installment after the expiration of thirty days, an agency is
authorized to stop assembling the remainder of the records or
making copies. RCW 42.17.300/42.56.120. If the request is
abandoned, the agency is no longer bound by the records
retention requirements of the act prohibiting the scheduled
destruction of a requested record. RCW 42.17.290/42.56.100.
If a requestor fails to claim or review the records or
any installment of them within the thirty-day notification
period, the agency may close the request and refile the
records. If a requestor who has failed to claim or review the
records then requests the same or almost identical records
again, the agency, which has the flexibility to prioritize its
responses to be most efficient to all requestors, can process
the repeat request for the now-refiled records as a new
request after other pending requests.
(2) Time, place, and conditions for inspection.
Inspection should occur at a time mutually agreed (within
reason) by the agency and requestor. An agency should not
limit the time for inspection to times in which the requestor
is unavailable. Requestors cannot dictate unusual times for
inspection. The agency is only required to allow inspection
during the agency's customary office hours. RCW 42.17.280/42.56.090. Often an agency will provide the records
in a conference room or other office area.
The inspection of records cannot create "excessive
interference" with the other "essential functions" of the
agency. RCW 42.17.290/42.56.100. Similarly, copying records
at agency facilities cannot "unreasonably disrupt" the
operations of the agency. RCW 42.17.270/42.56.080.
An agency may have an agency employee observe the
inspection or copying of records by the requestor to ensure
they are not destroyed or disorganized. RCW 42.17.290/42.56.100. A requestor cannot alter, mark on, or
destroy an original record during inspection. To select a
paper record for copying during an inspection, a requestor
must use a nonpermanent method such as a removable adhesive
note or paper clip.
Inspection times can be broken down into reasonable
segments such as half days. However, inspection times cannot
be broken down into unreasonable segments to either harass the
agency or delay access to the timely inspection of records.
Note:
1See, e.g., WAC 296-06-120 (department of labor and industries provides thirty days to claim or review records).