Wash. Admin. Code § 48-13-040 - Processing of public records requests-General
(1)
Order of response. The public records officer or designee will
process requests in the 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 will do one or more of the
following:
(a) Make the records available for
inspection or copying; or
(b) If
copies or scanned records are requested and terms of payment are met, send the
copies to the requestor;
(c)
Provide a reasonable estimate of when records will be available; or
(d) If the request is unclear or does not
sufficiently identify the requested records, request clarification from the
requestor. Such clarification may be requested and provided by telephone. The
public records officer or designee may revise the estimate of when records will
be available; or
(e) Deny the
request.
(3)
Clarifications.
(a) If a
requestor fails to respond to a request to clarify the request and the entire
request is unclear, the request may be closed without further action.
(b) If portions of the request are clear,
those portions of the request will be processed.
(4)
Failure to respond. If the
state auditor's office does not respond in writing within five business days of
receipt of the request for disclosure, the requestor should consider contacting
the public records officer to determine the reason for the failure to
respond.
(5)
Protecting
rights of others. In the event that the requested records contain
information that may affect rights of others and may be exempt from disclosure,
the public records officer may, prior to providing the records, give notice to
such others whose rights may be affected by the disclosure. Such 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.
(6)
Records exempt from
disclosure. Some records are exempt from disclosure, in whole or in
part. If the state auditor's office believes that a record is exempt from
disclosure and should be withheld in whole or in part, 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 or redacted. 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
are being redacted.
(7)
Inspection of records.
(a)
Consistent with other demands, the state auditor's office shall promptly
provide space to inspect public records. No member of the public may remove a
record from the viewing area or disassemble or alter any record. The requestor
shall indicate which documents the requestor wishes the agency to
copy.
(b) The requestor must claim
or review the assembled records within 30 days of the state auditor's office
notification that the records are available for inspection. The agency will
inform the requestor in writing of this requirement and that the requestor
should 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 state
auditor's office 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.
(8)
Providing copies of records. After inspection is complete, the
public records officer or designee shall make the requested copies or arrange
for copying.
(9)
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 requestor reasonably determines
that it would be practical to provide the records in that way. 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.
(10)
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 state auditor's office has completed a diligent search for the requested
records and made any located nonexempt records available for
inspection.
(11)
Closing
withdrawn or abandoned request. When the requestor either withdraws the
request or fails to fulfill the requestor's obligations 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
state auditor's office has closed the request.
(12)
Later discovered records.
If, after the state auditor's office has informed the requestor that it has
provided all available records, the state auditor's office becomes aware of
additional responsive records existing at the time of the request, it will
promptly inform the requestor of the additional documents and provide them on
an expedited basis.
(13) Detailed
policy can be found on office website at http://www.sao.wa.gov.
Notes
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, § 48-13-040, filed 10/22/10, effective 11/22/10.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Order of response. The public records officer or designee will process requests in the 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 will do one or more of the following:
(a) Make the records available for inspection or copying; or
(b) If copies or scanned records are requested and terms of payment are met, send the copies to the requestor;
(c) Provide a reasonable estimate of when records will be available; or
(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or
(e) Deny the request.
(3) Clarifications.
(a) If a requestor fails to respond to a request to clarify the request and the entire request is unclear, the request may be closed without further action.
(b) If portions of the request are clear, those portions of the request will be processed.
(4) Failure to respond. If the state auditor's office does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
(5) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her 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.
(6) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the state auditor's office believes that a record is exempt from disclosure and should be withheld in whole or in part, 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 or redacted. 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 are being redacted.
(7) Inspection of records.
(a) Consistent with other demands, the state auditor's office shall promptly provide space to inspect public records. No member of the public may remove a record from the viewing area or disassemble or alter any record. The requestor shall indicate which documents he or she wishes the agency to copy.
(b) The requestor must claim or review the assembled records within thirty days of the state auditor's office notification to him or her that the records are available for inspection. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should 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 thirty-day period or make other arrangements, the state auditor's office 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.
(8) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.
(9) 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 he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty 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.
(10) 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 state auditor's office has completed a diligent search for the requested records and made any located nonexempt records available for inspection.
(11) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations 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 state auditor's office has closed the request.
(12) Later discovered records. If, after the state auditor's office has informed the requestor that it has provided all available records, the state auditor's office becomes aware of additional responsive records existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.
(13) Detailed policy can be found on office web site at http://www.sao.wa.gov.
Notes
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, § 48-13-040, filed 10/22/10, effective 11/22/10.