Wash. Admin. Code § 250-82-040 - Processing of public records requests - General
(1)
Providing "fullest
assistance." The Washington higher education coordinating board is
charged by statute with adopting rules which provide for how it will "provide
full access to public records," "protect records from damage or
disorganization," "prevent excessive interference with other essential
functions of the agency," provide "fullest assistance" to requestors, and
provide the "most timely possible action" on public records requests. 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;
(b) If copies are
requested and payment of a deposit, for the copies, if any, is made or terms of
payment are agreed upon, send the copies to the requestor;
(c) Provide a reasonable estimate of when
records will be available;
(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)
Consequences of failure to
respond. If the Washington higher education coordinating board 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.
(4)
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.
(5)
Records
exempt from disclosure. Some records are exempt from disclosure, in
whole or in part. If the Washington higher education coordinating board
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
are being redacted.
(6)
Inspection of records.
(a)
Consistent with other demands, the Washington higher education coordinating
board shall promptly provide space to inspect public records. No member of the
public may remove a document from the viewing area or disassemble or alter any
document. 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 Washington
higher education coordinating board's notification to him or her that the
records are available for inspection or copying. 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 Washington higher education coordinating board 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.
(7)
Providing copies of
records. After inspection is complete, the public records officer or
designee shall make the requested copies or arrange for copying.
(8)
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.
(9)
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 Washington higher education coordinating board has completed a diligent
search for the requested records and made any located nonexempt records
available for inspection.
(10)
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 Washington higher education coordinating board has closed the
request.
(11)
Later
discovered documents. If, after the Washington higher education
coordinating board has informed the requestor that it has provided all
available records, the Washington higher education coordinating board 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.
Notes
Statutory Authority: RCW 42.56.100. 07-12-026, § 250-82-040, filed 5/30/07, effective 6/30/07.
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