WAC 222-08-090
Disclosure of public records. Public
records may be inspected or copies of such records obtained,
upon compliance with the following procedure:
(1) A request shall be made in writing, by fax or
electronic mail, to the public records officer or designee.
The request shall include the following information:
(a) The name of the person requesting the record;
(b) The calendar date of the request; and
(c) A description of the record(s) requested.
(2) Within five business days of receiving a public
records request, as required by RCW 42.17.320, the office
shall respond by:
(a) Providing the record; or
(b) Acknowledging that the office has received the
request and providing a reasonable estimate of time required
to respond; or
(c) Denying the request.
(3) The office may request additional time to provide the
records based upon the need to:
(a) Clarify the intent of the request;
(b) Locate and assemble the information requested;
(c) Notify third persons or agencies who may be affected
by the request; or
(d) Determine whether any of the information requested is
exempt and that a denial should be made for all or part of the
request.
(4) The public records officer may, if it deems the
request is unclear, ask the requester to clarify the
information the requester is seeking. If the requester fails
to clarify the request, the office need not respond to it.
(5) Public records shall be available for inspection in
the office from 9:00 a.m. to noon and from 1:00 p.m. to 4:00
p.m., Monday through Friday, excluding legal holidays and
during board meetings.
(6) No fee shall be charged for the inspection of public
records. For printed, typed and written public records of a
maximum size of 8 1/2" by 14", the board shall charge
twenty-five cents per page to reimburse the board for the
actual costs of providing the copies and the use of copying
equipment. Copies of maps, photos, films, recordings, and
other nonstandard public records shall be furnished at the
board's actual costs. The board shall charge the current rate
for tax and shipping on all disclosure copying requests. The
public records officer may waive the fees when the expense of
processing the payment exceeds the cost of providing the
copies. The public records officer may require that all
charges be paid in advance of release of the copies.
(7) The public records officer may determine that all or
a portion of a public record is exempt under the provisions of
chapter 42.17 RCW. Pursuant to RCW 42.17.260(1) and42.17.310
(2), the public records officer may delete portions
of public records. The public records officer will explain
the reasons for such deletion in writing, including the
exemption that applies.
(8) Any denial of a request for public records shall be
in writing, specifying the reason for the denial, including
the specific exemption authorizing the nondisclosure of the
record, and a brief explanation of how the exemption applies
to the records withheld.
(9) Any person who objects to a denial of a request for a
public record may request review of such decision by
submitting a written request to the public records officer.
The written request shall specifically refer to the written
statement by the public records officer or designee which
constituted or accompanied the denial.
(10) Immediately after receiving a written request for
review of a decision denying disclosure of a public record,
the public records officer or designee denying the request
shall refer it to the chair of the board. The chair shall
consider the matter and either affirm or reverse such denial.
(11) Administrative remedies shall not be considered
exhausted until the chair of the board or designee has
returned the request for review with a decision or until the
close of the second business day following receipt of the
written request for review of the denial of the public record,
whichever occurs first.
[Statutory Authority: RCW 34.05.220, 42.17.250, 42.17.260,
and 76.09.040. 04-05-122, § 222-08-090, filed 2/18/04,
effective 3/20/04.]