(1) RCW 42.56.070(1) requires each agency to make available "public records" in accordance with published rules. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act (the "act"), that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of this chapter is to establish the rules the office of the secretary of state (the "office") will follow in order to provide full access to public records.

(3) The office will be guided by the provisions of the act describing its purposes and interpretation when carrying out responsibilities in chapter 42.56 RCW.

(1) The office's general duties are set forth in chapter 43.07 RCW, and relate generally to elections, the formation and maintenance of business organizations, charitable solicitations, charitable trusts, registration of domestic partnerships, archives and records management, the state library, the productivity board, the address confidentiality program, legacy Washington, and the combined fund drive.

(2) The public records officer is responsible for overseeing the office's compliance with the act, but another office staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee will implement the office's rules regarding public records; create and maintain a records index; and provide the fullest possible assistance to requestors.

All public records of the office are deemed to be available for the public during normal business hours, pursuant to these rules and applicable state law. For the purposes of this chapter, normal business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office, for which an appointment is required.

(1) Records index. Pursuant to RCW 42.56.070, an index is available on the office's website at www.sos.wa.gov. A variety of other records are also available on the office's website. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(2) Organization of records. The office will maintain its records in a reasonably organized manner. The office will take reasonable actions to protect records from damage and disorganization.

In accordance with chapter 42.56 RCW, the public may request to inspect or copy records as follows:

(1) Submit a request through one of the following methods:

(a) Online at www.sos.wa.gov;

(b) Email to PublicRecords@sos.wa.gov;

(c) Mail to P.O. Box 40224, Olympia, WA 98504-0224;

(d) Fax to 360-704-7830; or

(e) Verbally by phone at 360-704-5220 or in person. The public records officer or designee will confirm receipt of request in writing. The office will presume that the request is fully and accurately described in this confirmation unless the requestor promptly indicates otherwise in writing.

(2) Requestors may be asked to include the following information with their records request:

(a) Name of requestor. Identity of requestor may be required if the records sought are limited to a particular group;

(b) Other contact information, such as email address, physical address, or telephone number;

(c) The calendar date of the request;

(d) The nature of the request; and

(e) A specific description of the public records, adequate for the public records officer or designee to locate the records.

(3) If the requestor wishes to have copies of the records made instead of inspecting them, they should so indicate.

(4) When requesting a list of individuals, the requestor may be required to complete a statement agreeing not to release or use the information for commercial purposes.

(5) Requests must be made for identifiable public records and the office may ask for clarification when necessary. The public records officer or designee is not able to answer questions about the nature of records or their use.

(1) Providing "fullest assistance." The public records officer or designee will provide the fullest assistance alongside the most timely possible action to requestors, without excessive interference to other essential functions of the office. The public records officer or designee will process requests in an order allowing the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:

(a) Provide the record or make the records available for inspection or copying, either in hard copy or electronically;

(b) Provide an online link to the record. If the requestor notifies the office they cannot access records through the internet, then the public records officer or designee will provide copies of the record or allow the requestor to view copies;

(c) Provide a reasonable estimate of when records will be available;

(d) Request clarification from the requestor if the request is unclear or does not sufficiently identify the requested records. The public records officer or designee may revise the estimate of when records will be available or close the request if the requestor fails to clarify the request within five business days of notice; or

(e) Deny the request. Denials will be accompanied by a written statement citing specific reasons for denial.

(3) Delayed responses. If the requestor does not receive a response in writing within five business days of submitting the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the delay and to determine whether their request was received.

(4) Protecting rights of others. If the requested records contain information that may affect the rights of others and may be exempt from disclosure, the public records officer or designee may provide notice to the persons named in the records, before providing records to the requestor. Notice should be given so as to make it possible for those persons named to contact the requestor and ask them to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. Due to these notifications, fulfillment of the request may be delayed.

(5) Searching for records. The office will conduct a reasonable search for responsive records. A reasonable search typically involves the public records officer or designee working with departments across the office to decide where the records are likely to be and how to access them. The office is only responsible for records it creates or maintains and not for records created or maintained by other state agencies or local governments.

(6) Inspection of records.

(a) Consistent with other demands, the office shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any public records. The requestor shall indicate which records they want copied.

(b) The requestor must claim copies or review the assembled records within thirty days of the office's notification. The public records officer or designee will notify the requestor in writing of this requirement and ask them to make arrangements to collect or review the records.

(c) If the requestor or their representative fails to claim or review the records within the 30-day period or make other arrangements, the office may close the request and refile the assembled records. The public records officer or designee will notify the requestor in writing that the request will be closed within 10 business days if the records are not inspected.

(7) Providing copies of records. After inspection is complete, the public records officer or designee will make the requested copies or arrange for copying.

(8) Providing electronic records. Electronic records will be provided in a format that is generally commercially available. If the requestor notifies the office they cannot access electronic records, then the public records officer or designee will provide paper copies of the record or allow the requestor to view copies using an office computer.

(9) Providing records in installments. When the request is for a large number of records, the public records officer or designee may provide records in installments. If, within 30 days, the requestor fails to inspect or open electronically the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. The public records officer or designee will notify the requestor in writing that the request will be closed within 10 business days if the records are not inspected or opened electronically.

(10) Completion of request. After the public records officer or designee has finished all searches for records, provided all installments of records, and after the requestor has completed any inspections or requests for copies, the office will send the requestor a written notification, closing the request.

(11) Closing withdrawn or abandoned requests. If the requestor either withdraws the request or fails to fulfill their obligations to inspect the records, the public records officer or designee may close the request and indicate in writing to the requestor that the request is closed.

(12) Later discovered documents. If the office discovers additional responsive documents existing at the time of the request, the public records officer or designee will promptly inform the requestor of the additional documents and provide them on an expedited basis.

The office is not obligated to create a new record to satisfy a records request, including production of new records from an electronic database. See WAC 44-14-04003(6).

(1) The office does not charge fees for the inspection of public records.

(2) The office may charge fees for providing copies of public records consistent with the fee schedule established in RCW 42.56.120.

(3) Pursuant to RCW 42.56.120(2), the office declares for the following reasons that it would be unduly burdensome to calculate the actual costs of providing copies of public records:

(a) Funds were not allocated for performing a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(c) A study would interfere with and disrupt other essential functions.

(4) Before beginning to make the copies, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The office will not charge sales tax when it makes copies of public records.

(1) The Public Records Act provides that a number of record types are exempt from public disclosure. If the office determines a record or information within a record is exempt from disclosure, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or portion of the record is being withheld. If only a portion of a record is exempt from disclosure, the public records officer or designee will redact the exempt portions while providing the nonexempt portions.

(2) Requestors should be aware that exemptions outside the Public Records Act may restrict the availability of some records held by the office. These exemptions include, but are not limited to, the following:

RCW 5.60.060(2) (attorney-client privilege, together with attorney work product privilege).

RCW 5.60.060(5) (communications to a public officer in official confidence).

RCW 5.60.070 (communications between a mediator and a party to mediation).

RCW 29A.08.710 through 29A.08.775 (voter registration records).

RCW 29A.32.100 (arguments and statements for voters pamphlet).

RCW 29A.60.110 (sealing of ballot containers).

RCW 40.14.030 (exempt records accessioned into state archives).

RCW 40.24.070 (address confidentiality program).

The foregoing list is for informational purposes only and failure to list an exemption shall not affect the efficacy of any exemption. The office reserves the right to determine that a public record is exempt under the provisions of state law.

(3) The office is prohibited by statute from disclosing lists of individuals for commercial purposes.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of the decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the assistant secretary of state or the deputy secretary of state, who will consider the petition and either affirm or reverse the denial. Within two business days following receipt of the petition, the assistant secretary of state or deputy secretary of state shall notify the petitioner and the public records officer in writing of the decision or that more time is required to consider the petition.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the office 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. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.