Chapter 133-20 WAC

Last Update: 12/5/95

PUBLIC RECORDS

WAC Sections

133-20-010Purpose.
133-20-020Definitions.
133-20-030Public records available.
133-20-040Public records officer.
133-20-050Records index.
133-20-060Office hours.
133-20-070Requests for public records.
133-20-080Copying.
133-20-090Exemptions.
133-20-100Review of denials of public records requests.
133-20-110Protection of public records.
133-20-120Adoption of form.


133-20-010
Purpose.

The purpose of this chapter shall be to insure the compliance by the community economic revitalization board with state public records law RCW 42.17.250 et seq.
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-010, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-010, filed 5/2/83.]



133-20-020
Definitions.

The following definitions shall apply to this chapter:
(1) "Board" means the community economic revitalization board, created pursuant to chapter 43.160 RCW, and shall also refer to the board's officers and staff, where appropriate.
(2) "Department" means the department of community, trade, and economic development, and shall also refer to the department's staff, where appropriate.
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-020, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-020, filed 5/2/83.]



133-20-030
Public records available.

All public records of the board are deemed to be available for public inspection and copying, except as otherwise provided by RCW 42.17.260 and 42.17.310, as now or may hereafter be amended, and by WAC 133-20-090.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-030, filed 5/2/83.]



133-20-040
Public records officer.

The board chair shall appoint the public records officer for the board. The public records officer shall be responsible for implementation of the board's rules and regulations regarding inspection and copying of public records, and for insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-040, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-040, filed 5/2/83.]



133-20-050
Records index.

The board will make available to any person upon request a current index which provides identifying information as to the following records:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statutes and regulations which have been adopted by the board;
(c) Administrative staff manuals and instructions to staff that affect a member of the public;
(d) Planning policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with the board relating to any regulatory, supervisory or enforcement responsibilities of the board, whereby the board determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
(2) The current index promulgated by the board shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection and copying.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-050, filed 5/2/83.]



133-20-060
Office hours.

Public records shall be available for inspection and copying during the department's normal office hours. For purposes of this chapter, normal office hours shall be from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-060, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-060, filed 5/2/83.]



133-20-070
Requests for public records.

In accordance with the requirements of chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, and to protect public records from damage or disorganization, and to prevent excessive interference with essential functions of the board, public records may be inspected or copied, or copies of such records may be obtained by members of the public, upon compliance with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the board which shall be available at the board's offices, or by writing or calling the board. The form shall be presented or mailed to the public records officer, or to any member of the board's staff, if the public records officer is not available, at the board's offices during normal office hours. The request shall include the following information:
(a) The name, address, and organization represented, if any, of the person requesting the record;
(b) The calendar date on which the request was made, and, when presented in person, the time of day;
(c) The nature of the request;
(d) If the matter requested is referred to within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;
(e) If the requested matter is not identifiable by reference to the board's current index, an appropriate description of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to assist the member of the public in appropriately identifying the public record requested.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-070, filed 5/2/83.]



133-20-080
Copying.

No fee shall be charged for the inspection of public records. The board may charge a fee of $.10 per page for providing copies of public records, when copies of more than ten pages are provided, and for use of the department's copy equipment. This charge is the amount necessary to reimburse the department for its actual costs incident to such copying.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-080, filed 5/2/83.]



133-20-090
Exemptions.

(1) The board reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 133-20-070 is exempt from disclosure under the provisions of RCW 42.17.260 and 42.17.310.
(2) Pursuant to RCW 42.17.260, the board reserves the right to delete identifying details when it makes available or publishes any public record, in any case where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.
(3) All denials of requests for public records shall be accompanied by a written statement specifying the reason for the denial.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-090, filed 5/2/83.]



133-20-100
Review of denials of public records requests.

(1) Any person who objects to the denial of a request for public records may petition for prompt review of such decision by submitting a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
(2) Following receipt of a written request for review of a decision denying a request for public records, the public records officer or other authorized staff member denying the request shall refer it to the chair of the board. The chair or designee shall immediately consider the matter and either affirm or reverse such denial. The request shall be returned with the final decision, within two business days following receipt of the request for review.
(3) Administrative remedies shall not be considered exhausted until the request has been returned with a decision or until the close of the second business day following the denial of inspection, whichever occurs first.
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-100, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-100, filed 5/2/83.]



133-20-110
Protection of public records.

In order to properly protect the public records in the custody of the board, the following guidelines shall be adhered to by any person inspecting such public records:
(1) No public records shall be removed from the offices of the board;
(2) Inspection of any public records shall be conducted in the presence of a designated board or department employee;
(3) No public records may be marked or defaced in any manner during inspection;
(4) Public records which are maintained in a file jacket, or in a chronological order, may not be dismantled except for purposes of copying and then only by a designated employee of the board or department.
(5) Access to file cabinets, shelves, vaults, etc., is restricted to board or department personnel.
[Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-110, filed 5/2/83.]



133-20-120
Adoption of form.

The board hereby adopts for use by all persons requesting inspection or copying of its records, the form set out below, entitled "Request for public records."
In order to request copies of our public records, please complete the attached form and return it with the proper payment to the address below. We will forward to you those requested copies which are not exempt from disclosure when we receive this form. Thank you.
 
Return to:
 
Community Economic Revitalization Board
c/o Public Records Officer
P.O. Box 48300
Olympia, WA 98504-8300
request for public records
Date . . . .
Time . . . .
(In person requests only)
Name . . . .
Address . . . .
. . . .
Description of Records
. . . .
. . . .
. . . .
I certify that the information obtained through this request for public records will not be used for profit making.
 
. . . .
 
Signature
(for board use only)
Number of copies
. . . .
 
Number of pages
. . . .
 
Per page charge for in excess of ten pages
$ .15
 
Total charge
$ . . . .
 
[Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-120, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-120, filed 5/2/83.]