Advanced Search

WAC 480-04-095: Disclosure procedure


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Print







WACs > Title 480 > Chapter 480-04 > Section 480-04-095











480-04-090    

480-04-100







Agency filings affecting this section







WAC 480-04-095









Disclosure procedure.









(1) The public records officer will promptly notify you if your request is found to be incomplete, and will tell you what the problem is. The public records officer will assist you to complete or correct your request. Notifying you of a deficiency is not a denial of your request. The public records officer may act on a deficient request to the extent that doing so is reasonable.
(2) Upon receiving a complete request, the public records officer will review the requested record to determine whether the record or a portion of it is exempt from disclosure under the Public Records Act, chapter 42.17 RCW, protected from disclosure under RCW 80.04.095 (records that contain valuable commercial information), WAC 480-07-160 (Confidential information), WAC 480-07-420 (Discovery—Protective orders), or under another provision of law.
(3) The commission will delete identifying details from a public record to protect the personal privacy interests as provided by law when it makes the record available or publishes it. The commission will explain the reasons for any such deletion.
(4) Only the public records officer is authorized to deny requests for public records. Any action other than granting access to public records, when taken by a person other than the public records officer, is a deferral of action and not a denial of a request. Any commission staff member who does not grant access to a public record when a complete written request is made must immediately take or send the requested document, together with the written request, to the public records officer for a prompt decision granting or denying the request.
(5) If the public records officer does not grant access to all or part of a requested public record, the public records officer will give you a written statement identifying the exemption authorizing the action and how it applies to the requested record. Any portion of the record that is not subject to exemption shall be promptly disclosed.
(6) If you request a public record that contains information that has been designated confidential under RCW 80.04.095, WAC 480-07-160, or a protective order, and you have not specifically asked to be provided with confidential information, the public records officer will tell you that material has been designated confidential, and ask whether you want the confidential information, before processing your request.
The commission will process any request for a record designated as confidential under RCW 80.04.095 or WAC 480-07-160 in accordance with those provisions of law.
(7) If the public records officer denies your public records request in whole or in part, the public records officer will provide you a written explanation of the basis for the denial. If you want to contest the denial, you may request a review under WAC 480-04-120.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-04-095, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 80.01.040, 80.04.160 and 81.04.160. WSR 98-02-011 (Order R-446, Docket No. A-970591), § 480-04-095, filed 12/29/97, effective 1/29/98. Statutory Authority: RCW 80.01.040. WSR 92-07-006 (Order R-368, Docket No. A-910530), § 480-04-095, filed 3/5/92, effective 4/5/92.]