Chapter 16-505 WAC

Last Update: 4/19/17

WASHINGTON BEER COMMISSION

WAC Sections

16-505-005Definitions.
16-505-010Collection of assessment.
16-505-015Failure to pay assessment.
16-505-020Requests for public records.
16-505-075Response to public records requests.
16-505-080Fees—Inspection and copying.
16-505-085Exemptions.
16-505-090Review of denial of public records requests.
16-505-095Records index.


16-505-005
Definitions.

"Disclosure" means inspection or copying.
"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-005, filed 4/19/17, effective 5/20/17.]



16-505-010
Collection of assessment.

(1) The Washington beer commission is authorized under RCW 15.89.040 and 15.89.110(1) to collect an assessment upon beer produced by an affected producer. The annual assessment is ten cents per barrel of beer produced, up to ten thousand barrels per location, as verified by federal excise tax reports.
(2) The commission shall directly bill affected producers by providing written notice in the form of an assessment invoice. Affected producers shall calculate their assessment on the assessment invoice using the annual production figure as based upon their federal excise tax report. Affected producers must submit the completed assessment invoice, the assessment payment due and a copy of the affected producer's federal excise tax report for verification to the commission at the address specified on the assessment invoice.
(3) The first assessment will be due and payable to the commission no sooner than July 2007 and will be based upon beer production during the fourth quarter of 2006.
(4) The second assessment will be due and payable to the commission no sooner than January 2008 and will be based upon beer production during the calendar year of 2007.
(5) Assessments thereafter will be due and payable to the commission annually no sooner than January and will be based upon the previous year's production.
(6) At this time, assessments due and payable to the commission shall not be reduced based on in-kind contributions.
(7) Failure to receive an invoice for the previous year's product does not relieve an affected producer of its obligation to pay any assessment when due.
[Statutory Authority: RCW 15.89.110(2) and chapter 34.05 RCW. WSR 07-13-005, § 16-505-010, filed 6/7/07, effective 7/8/07.]



16-505-015
Failure to pay assessment.

(1) In the event any affected producer fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collection of the amount due.
(2) In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[Statutory Authority: RCW 15.89.110(2) and chapter 34.05 RCW. WSR 07-13-005, § 16-505-015, filed 6/7/07, effective 7/8/07.]



16-505-020
Requests for public records.

(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail to: Washington Beer Commission, 11112 117th Place N.E., Kirkland, WA 98033. The request may also be submitted by email to eric@washingtonbeer.com. The written request should include:
(a) The name, address, and telephone number or other contact information of the person requesting the records;
(b) The calendar date on which the request is made; and
(c) Sufficient information to readily identify records being requested.
(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the commission's public records, the following will apply:
(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection;
(b) Inspection of any public record will be conducted in the presence of the public records officer or designee;
(c) Public records may not be marked or altered in any manner during the inspection;
(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission's office and the availability of authorized staff to operate that equipment.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-020, filed 4/19/17, effective 5/20/17.]



16-505-075
Response to public records requests.

(1) The public records officer shall respond to public records requests within five business days by:
(a) Making the records available for inspection or copying;
(b) Providing a link or address for a record available on the internet under RCW 42.56.520;
(c) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request;
(d) Sending the copies to the requestor if copies are requested and payment of a deposit for the copies is made or terms of payment have been agreed upon; or
(e) Denying the public records request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing withholding of the record, or any part of the record, and a brief explanation of how the exemption applies to the record withheld or to any redactions in records produced.
(2) Additional time to respond to the request may be based upon the need to:
(a) Clarify the intent of the request;
(b) Locate and assemble the information requested;
(c) Notify persons or agencies affected by the request; or
(d) Determine whether any of the information requested is exempt from disclosure and that a denial should be made as to all or part of the request.
(3) In acknowledging receipt of a public records request that is unclear, the public records officer may ask the requestor to clarify what records the requestor is seeking. The public records officer is not obligated to provide further response if the requestor fails to clarify the request.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-075, filed 4/19/17, effective 5/20/17.]



16-505-080
FeesInspection and copying.

(1) No fee will be charged for the inspection of public records.
(2) The commission charges a fee of fifteen cents per page of black and white photocopy plus postage for reimbursement of the costs of providing public records.
(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service. For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of the invoice and is payable to the Washington beer commission. The commission may require that all charges be paid in advance of release of the copies of the records.
(4) The commission or its designee may waive any of the foregoing copying costs.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-080, filed 4/19/17, effective 5/20/17.]



16-505-085
Exemptions.

The commission's public records are available for disclosure except as otherwise provided under chapter 42.56 RCW or any other law. Requestors should be aware of the following exemptions to public disclosure specific to commission records. This list is not exhaustive and other exemptions may apply:
(1) Production or sales records required to determine assessment levels and actual assessment payments to the commission under chapter 15.89 RCW (reference RCW 42.56.380(3)).
(2) Financial and commercial information and records supplied by persons:
(a) To the commission for the purpose of conducting a referendum for the establishment of the commission; or
(b) To the commission under chapter 15.89 RCW with respect to domestic or export marketing activities or individual producer's production information (reference 42.56.380(5)).
(3) Lists of individuals requested for commercial purposes (reference RCW 42.56.070(9)).
(4) Records that are relevant to a controversy to which the commission 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 commission and the office of the attorney general (reference RCW 5.60.060(2)).
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-085, filed 4/19/17, effective 5/20/17.]



16-505-090
Review of denial of public records requests.

(1) Any person who objects to the initial denial of a request to copy or inspect public records may petition the commission for review of such decision by submitting a written request to the commission. The request shall specifically refer to statement which constituted or accompanied the denial.
(2) The commission's executive director or designee shall immediately consider the matter and either affirm or reverse the denial within ten business days following the commission's receipt of the written request for review of the original denial.
(3) Under RCW 42.56.530, if the commission denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter.
(4) Any person may obtain court review of a denial of a public records request under RCW 42.56.550.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-090, filed 4/19/17, effective 5/20/17.]



16-505-095
Records index.

The commission shall establish a records index, which shall be made available for public review.
[Statutory Authority: RCW 15.89.070, 42.56.040 and chapter 34.05 RCW. WSR 17-09-075, § 16-505-095, filed 4/19/17, effective 5/20/17.]