256-20-080 - Review of denials of public records

256-20-080. Review of denials of public records

(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 email) 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 eastern Washington state historical society official designated by the eastern Washington state historical society to conduct the review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following eastern Washington state historical society's receipt of the petition, or within such other time as eastern Washington state historical society and the requestor mutually agree to.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if eastern Washington state historical society 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 regardless of any internal administrative appeal.

Statutory Authority: Chapter 27.34 RCW, RCW 42.56.040, 27.34.070, and 43.21C.120. WSR 17-07-057, ยง 256-20-080, filed 3/11/17, effective 4/11/17.

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