Current through Register Vol. 24-23, December 1, 2024
Section 391-15-050 - Processing of public records requests(1)Providing "fullest assistance." The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.(a) Upon receipt of a request, the agency will assign it a tracking number and enter it into a log.(b) The public records officer or designee will evaluate the request according to the nature of the request, the volume of requested records, and the availability of the requested records.(2)Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:(a) Make the records available for inspection or copying by: (i) If copies are available on the agency's website, providing a link to the website where the requested records are located; (ii) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, sending the copies to the requestor;(b) Provide a reasonable estimate of when records will be available (the public records officer or designee may revise the estimate of when records will be available);(c) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor.(i) Clarification may be requested and provided by telephone and memorialized in writing;(ii) If the requestor fails to respond to a request for clarification and the entire request is unclear, the agency need not respond to it. The agency will respond to those portions of a request that are clear.(3)Protecting rights of others. If the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, before providing the records, give notice to any persons whose rights may be affected by the disclosure. That notice should be given so as to make it possible for those other persons to contact the requestor and ask the requestor 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.(4)Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the agency believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record were redacted.(5)Inspection of records.(a) Consistent with other demands, the agency shall promptly provide space to inspect public records. A member of the public may not remove a document from the viewing area without permission or disassemble or alter any document. The requestor may indicate which documents the requestor would like the agency to copy.(b) The requestor must claim or review the assembled records within 30 days of the agency's notification that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and ask the requestor to contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the agency may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.(6)Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.(7)Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if the public records officer or designee reasonably determine that it would be practical to provide the records in that manner. If, within 30 days, the requestor fails to inspect 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.(8)Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the agency has completed a diligent search for the requested records and made any located nonexempt records available for inspection.(9)Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the agency has closed the request.(10)Later-discovered documents. If, after the agency has informed the requestor that it has provided all available records, the agency becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.Wash. Admin. Code § 391-15-050
Adopted by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023