WAC 137-08-150   Exemptions to public records disclosure.  The department reserves the right to determine if a public record requested in accordance with the procedures outlined in WAC 137-08-090 is exempt or nondisclosable under RCW 42.56.210 through 42.56.480.

     Nondisclosable records include, but are not limited to:

     (1) Personal information in any files concerning a prisoner, probationer, or parolee to the extent required by RCW 42.56.230(1); however, disclosure may be made to that person or that person's representative, except as otherwise prohibited by these rules;

     (2) Data (including information revealing the identity of persons who file complaints, except as the complainant may authorize) contained in intelligence, investigative, and other related files compiled by investigative, law enforcement or penology agencies, and state agencies vested with the responsibility to discipline members of any profession. This data is nondisclosable to the extent required by RCW 42.56.240, 10.97.080 and chapter 446-20 WAC;

     (3) Certain juvenile justice or juvenile care records to the extent required by chapter 13.50 RCW;

     (4) Personal information in files maintained for an employee of the department to the extent required by RCW 42.56.230;

     (5) Deliberative material, as opposed to facts upon which a decision is based, contained in preliminary drafts, notes, recommendations, and intraagency memoranda in which opinions are expressed or policies formulated or recommended; except that a specific record shall be disclosable when publicly cited by the department in connection with any action to the extent required by RCW 42.56.290;

     (6) Records which are relevant to a controversy to which the department is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the department and the office of the attorney general privileged under RCW 5.60.060(2).

     (7) Criminal history records information the disclosure of which is prohibited by chapter 10.97 RCW.



[Statutory Authority: RCW 72.01.090. 07-12-073, § 137-08-150, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. 85-13-020 (Order 85-06), § 137-08-150, filed 6/10/85. Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), § 137-08-150, filed 1/26/82.]