Wash. Admin. Code § 434-12A-120 - Review of denials of public records request
(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 e-mail) to the public records officer for a review of that 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. That person will immediately consider
the petition and either affirm or reverse the denial within two business days
following the office's receipt of the petition, or within such other time as
the office of the secretary of state and the requestor mutually agree
to.
(3)
Review by the
attorney general's office. Pursuant to
RCW
42.56.530, if the office of the secretary of
state 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.
Notes
Statutory Authority: RCW 42.56.040. 09-04-026, § 434-12A-120, filed 1/28/09, effective 2/28/09; Order 74-2, § 434-12A-120, filed 2/19/74.
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