WAC 132X-10-110
Review of denials of public records
requests. (1) Any person who objects to the denial of a request
for a public record may petition for prompt review of such
decision by tendering a written request for review. The written
request shall specifically refer to the written statement by the
public records officer and/or his/her designees 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
and/or his/her designee denying the request shall refer it to the
president. The president or his/her designee shall consider the
college's obligation to comply with the intent of chapter 42.17 RCW, the exemptions provided in RCW 42.17.310 or other pertinent
statutes, and the statutory provisions which require the college
to protect public records from damage or disorganization, prevent
excessive interference with essential college functions, and
prevent any unreasonable invasion of personal privacy by deleting
identifying details. In any case, the request shall be returned
with a final decision, within five business days following the
original denial.
(3) Administrative remedies shall not be considered
exhausted until the college has returned the petition with a
decision or until the close of the fifth business day following
denial of inspection, whichever occurs first.
(4) Whenever the college concludes that a public record is
exempt from disclosure and denies inspection and copying, the
requestor may request a review of the matter by the office of the
attorney general. A written request for review by the attorney
general's office, along with a copy of the request and the
college's written denial should be sent directly to the office of
attorney general in Olympia, Washington. The office of the
attorney general will conduct a prompt and independent review of
the request and the college's denial and provide a written
opinion as to whether the record requested is exempt from
disclosure. This review is not binding upon the college or the
requestor.
[Statutory Authority: RCW 28B.50.140(13). 00-05-023, §
132X-10-110, filed 2/8/00, effective 3/10/00. Statutory
Authority: RCW 28B.50.140. 88-21-071 (Order 88-1), §
132X-10-110, filed 10/18/88.]