reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-940 - Transfer of lead agency status to a state agency

Current through Register Vol. 24-14, July 15, 2024
For any proposal for a private project where a city or town
				  with a population of under five thousand or a county with a population under
				  eighteen thousand would be the lead agency under WAC
				  197-11-928 through
				  197-11-938, and when one or more
				  state agencies are agencies with jurisdiction over the proposal, such local
				  agency may at its option transfer the lead agency duties to that state agency
				  with jurisdiction appearing first on the priority listing in WAC
				  197-11-936. In such event, the
				  state agency so determined shall be the lead agency and the agency making the
				  transfer shall be an agency with jurisdiction. Transfer is accomplished by the
				  county, city or town transmitting a notice of the transfer together with any
				  relevant information it may have on the proposal to the appropriate state agency
				  with jurisdiction. The local agency making the transfer shall also give notice of
				  the transfer to any private applicant and other agencies with jurisdiction
				  involved in the proposal.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-940, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-940, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-942 - Agreements on lead agency status

Current through Register Vol. 24-14, July 15, 2024
Any agency may assume lead agency status if all agencies with
				  jurisdiction agree.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-942, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-944 - Agreements on division of lead agency duties

Current through Register Vol. 24-14, July 15, 2024
Two or more agencies may by agreement share or divide the
				  responsibilities of lead agency through any arrangement agreed upon. In such
				  event, however, the agencies involved shall designate one of them as the nominal
				  lead agency, which shall be responsible for complying with the duties of the lead
				  agency under these rules. Other agencies with jurisdiction shall be notified of
				  the agreement and determination of the nominal lead agency.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-944, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-946 - DOE resolution of lead agency disputes

Current through Register Vol. 24-14, July 15, 2024
(1) If the agencies with jurisdiction are
				unable to determine which agency is the lead agency under the rules, any agency
				with jurisdiction may petition the department for a determination. The petition
				shall clearly describe the proposal in question, and include a list of all
				licenses and approvals required for the proposal. The petition shall be filed
				with the department within fifteen days after receipt by the petitioning agency
				of the determination to which it objects. Copies of the petition shall be mailed
				to any applicant involved, as well as to all other agencies with jurisdiction
				over the proposal. The applicant and agencies with jurisdiction may file with the
				department a written response to the petition within ten days of the date of the
				initial filing.
(2) Within fifteen
				days of receipt of a petition, the department shall make a written determination
				of the lead agency, which shall be mailed to the applicant and all agencies with
				jurisdiction. The department shall make its determination in accordance with
				these rules and considering the following factors (which are listed in order of
				descending importance):
(a) Magnitude of an
				agency's involvement.
(b)
				Approval/disapproval authority over the proposal.
(c) Expertise concerning the proposal's
				impacts.
(d) Duration of an agency's
				involvement.
(e) Sequence of an
				agency's involvement.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-948 - Assumption of lead agency status

Current through Register Vol. 24-14, July 15, 2024
(1) An
				agency with jurisdiction over a proposal, upon review of a DNS (WAC
				197-11-340)  may transmit to the
				initial lead agency a completed "Notice of assumption of lead agency status."
				This notice shall be substantially similar to the form in WAC
				197-11-985. Assumption of lead
				agency status shall occur only within the fourteen-day comment period on a DNS
				issued under WAC
				197-11-340(2)(a),
				or during the comment period on a notice of application when the optional DNS
				process in WAC
				197-11-355 is used.
(2) The DS by the new lead agency shall be
				based only upon information contained in the environmental checklist attached to
				the DNS transmitted by the first lead agency or the notice of application if the
				optional DNS process is used, and any other information the new lead agency has
				on the matters contained in the environmental checklist.
(3) Upon transmitting the DS and notice of
				assumption of lead agency status, the consulted agency with jurisdiction shall
				become the "new" lead agency and shall expeditiously prepare an EIS. In addition,
				all other responsibilities and authority of a lead agency under this chapter
				shall be transferred to the new lead agency.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-948, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-948, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-950 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter or the
				  application of the provision to other persons or circumstances shall not be
				  affected.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-950, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-955 - Effective date

Current through Register Vol. 24-14, July 15, 2024
(1) These rules shall
				become effective April 4, 1984.
(2)
				These rules shall apply to agency decision making under SEPA when one of the
				following occurs:
(a) An agency adopts
				policies, procedures, and practices for this chapter (WAC
				197-11-902 and
				197-11-904); or
(b) One hundred eighty days has elapsed from
				the effective date of these rules.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part ELEVEN - FORMS › Section 197-11-965 - Adoption notice

Current through Register Vol. 24-14, July 15, 2024
ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT
Adoption for (check appropriate box) [] DNS [] EIS []
							 other ...........................................
Description of current proposal
							 .......................
................................................
Proponent
							 .......................................
Location of current proposal
							 .........................
................................................
................................................
Title of document being adopted
							 ......................
Agency that prepared document being adopted
							 ..........
Date adopted document was prepared
							 .................
Description of document (or portion) being adopted
							 ......
................................................
................................................
If the document being adopted has been challenged (WAC
							 197-11-630), please
							 describe:
................................................
The document is available to be read at (place/time)
							 ......
................................................
We have identified and adopted this document as being
				  appropriate for this proposal after independent review. The document meets our
				  environmental review needs for the current proposal and will accompany the
				  proposal to the decision maker.
Name of agency adopting document . . . . . . . . . .
								..
Contact person, if other than responsible official .
								. . . . . . . . . . ..
Phone . . . . . . . . . . ..
Responsible official . . . . . . . . . . ..
Position/title . . . . . . . . . . . . . . . . ..
Phone . . . . . . . . . . ..
Address . . . . . . . . . . ..
Date . . . . . . . . . . ..
Signature . . . . . . . . . . ..
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-965, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part ELEVEN - FORMS › Section 197-11-970 - Determination of nonsignificance (DNS)

Current through Register Vol. 24-14, July 15, 2024
DETERMINATION OF NONSIGNIFICANCE
Description of proposal . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Proponent . . . . . . . . . . ..
Location of proposal, including street address, if
								any . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Lead agency . . . . . . . . . . ..
The lead agency for this proposal has determined that it does
				  not have a probable significant adverse impact on the environment. An
				  environmental impact statement (EIS) is not required under
				  RCW
				     43.21C.030(2)(c). This
				  decision was made after review of a completed environmental checklist and other
				  information on file with the lead agency. This information is available to the
				  public on request.
[] There is no comment period for this DNS.
[] This DNS is issued after using the optional DNS process in
				  WAC 197-11-355. There is no further
				  comment period on the DNS.
[] This DNS is issued under WAC
				  197-11-340(2); the
				  lead agency will not act on this proposal for 14 days from the date below.
				  Comments must be submitted by . . . . . . ..
Responsible official . . . . . . . . . . ..
Position/title . . . . . . . . . . ..
Phone . . . . . . . . . . ..
Address . . . . . . . . . . ..
Date . . . . . . . . . . ..
Signature . . . . . . . . . . ..
(OPTIONAL)
[] You may appeal this determination to (name) . . .
								. . . . . . . ..
at (location) . . . . . . . . . . ..
no later than (date) . . . . . . . . . . ..
by (method) . . . . . . . . . . ..
You should be prepared to make specific factual
								objections.
Contact. . . . . . . . . . to read or ask about the
								procedures for SEPA appeals.
[] There is no agency appeal.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-970, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-970, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part ELEVEN - FORMS › Section 197-11-980 - Determination of significance and scoping notice (DS)

Current through Register Vol. 24-14, July 15, 2024
DETERMINATION OF SIGNIFICANCE
AND REQUEST FOR COMMENTS ON SCOPE OF EIS
Description of proposal . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Proponent . . . . . . . . . . ..
Location of proposal . . . . . . . . . . ..
. . . . . . . . . . ..
Lead agency . . . . . . . . . . ..
EIS Required.
The lead agency has determined
				  this proposal is likely to have a significant adverse impact on the environment.
				  An environmental impact statement (EIS) is required under
				  RCW
				     43.21C.030(2)(c) and will be
				  prepared. An environmental checklist or other materials indicating likely
				  environmental impacts can be reviewed at our offices.
The lead agency has identified the following areas
								for discussion in the EIS: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Scoping.
Agencies, affected tribes, and
				  members of the public are invited to comment on the scope of the EIS. You may
				  comment on alternatives, mitigation measures, probable significant adverse
				  impacts, and licenses or other approvals that may be required. The method and
				  deadline for giving us your comments is:
. . . . . . . . . . ..
. . . . . . . . . . ..
Responsible official . . . . . . . . . . ..
Position/title . . . . . . . . . . ..
Phone . . . . . . . . . . ..
Address . . . . . . . . . . ..
Date . . . . . . . . . . ..
Signature . . . . . . . . . . ..
(OPTIONAL)
[] You may appeal this determination of
								significance
to (name) . . . . . . . . . . ..
at (location) . . . . . . . . . . ..
no later than (date) . . . . . . . . . . ..
by (method) . . . . . . . . . . ..
You should be prepared to make specific factual
								objections.
Contact. . . . . . . . . . to read or ask about the
								procedures for SEPA appeals.
[] There is no agency appeal.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-980, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part ELEVEN - FORMS › Section 197-11-985 - Notice of assumption of lead agency status

Current through Register Vol. 24-14, July 15, 2024
NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS
Description of proposal . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Proponent . . . . . . . . . . ..
Location of proposal . . . . . . . . . . ..
Initial lead agency . . . . . . . . . . ..
New lead agency . . . . . . . . . . ..
The initial lead agency concluded that this proposal was not
				  likely to have significant adverse impact on the environment, according to its
				  determination of nonsignificance dated . . . ..
We have reviewed the environmental checklist and
								related information. In our opinion, an environmental impact statement (EIS) is
								required on the proposal, because of the following impacts: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
You are being notified that we assume the
								responsibility of lead agency under SEPA, including the duty to prepare an EIS on
								the proposal.
Responsible official . . . . . . . . . . ..
Position/title . . . . . . . . . . ..
Phone . . . . . . . . . . ..
Address . . . . . . . . . . ..
Date . . . . . . . . . . ..
Signature . . . . . . . . . . ..
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-985, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part ELEVEN - FORMS › Section 197-11-990 - Notice of action

Current through Register Vol. 24-14, July 15, 2024
NOTICE OF ACTION
Notice is given under SEPA,
				  RCW
				     43.21C.080, that (name of agency or entity). .
				  . . . . . . took the action described in (2) below on (date). . . . ..
1.Any action to set aside, enjoin, review, or
				otherwise challenge such action on the grounds of noncompliance with the
				provisions of
				chapter
				43.21C RCW (State
				Environmental Policy Act) shall be commenced on or before (date). . . . . .
2. Description of agency action: . . . . . . . . . .
								..
. . . . . . . . . . ..
. . . . . . . . . . ..
3. Description of proposal (if not covered by
								(2)):
. . . . . . . . . . ..
. . . . . . . . . . ..
4. Location of proposal (a sufficient description
								should be given to locate the site, if any, but a complete legal description is
								not required):
. . . . . . . . . . ..
. . . . . . . . . . ..
5. Type of environmental review under SEPA (include
								name and date of any environmental documents):
. . . . . . . . . . ..
6. Documents may be examined during regular business
								hours at (location, including room number, if any):
. . . . . . . . . . ..
7. Name of agency, proponent, or applicant giving
								notice:
. . . . . . . . . . ..
8. This notice is filed by (signature of individual
								and capacity in which the person is signing):
. . . . . . . . . . ..
. . . . . . . . . . ..
Date . . . . . . . . . . ..
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-990, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-09 - Statement of exemption from State Environmental Policy Act › Section 198-09-010 - Statement of exemption

Current through Register Vol. 24-14, July 15, 2024
The environmental and land use hearings office has reviewed its authorized activities and found them all to be exempt under the provisions of WAC 197-11-800(11)(b). This section is adopted for compliance with the State Environmental Policy Act, chapter 43.21C RCW and WAC 197-11-904(4).
Statutory Authority: RCW 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-05-110, §
										198-09-010, filed 2/22/12, effective 3/24/12. Statutory Authority: RCW 34.04.940, 
											42.17.250, 42.30.070 and 43.21C.120. 79-12-025 (Order 79-1), §
										198-09-010, filed 11/16/79.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The Public Records Act (act), chapter 42.56 RCW, applies to the environmental and land use hearing office (ELUHO), a state agency, and the boards within that agency. The purpose of these rules is to establish the procedures ELUHO, and the boards, will follow in order to provide full access to public records concerning the conduct of government. These rules provide information to persons wishing to request access to public records of ELUHO and the boards within ELUHO, and also establish processes for both requestors and ELUHO employees that are designed to best assist members of the public in obtaining access to public records. In carrying out its responsibilities under the act, ELUHO will be guided by the provisions of the act describing its purposes and interpretation. The act and these rules will be interpreted in favor of disclosure.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-010, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Environmental and land use hearing office (ELUHO)" means the single state agency comprised of the pollution control hearings board, the shorelines hearings board, and the growth management hearings board. Where appropriate, the term ELUHO also refers to the employees of the agency.
(2) "Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
(3) "Public records officer" means the administrative manager of ELUHO. The public records officer serves as the point of contact for members of the public and oversees compliance with the act but, may designate another ELUHO employee to serve as the point of contact for members of the public and to process requests for public records.
(4) "Writing" means handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-020, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-030 - Agency description - Contact information - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The environmental land use hearing office (ELUHO) is a single quasi-judicial environmental, land use and adjudicatory agency comprised of three boards: The pollution control hearings board, created in RCW    43.21B.010, the shoreline hearings board, created in RCW    90.58.170, and the growth management hearings board, created in RCW    36.70A.250. Each board provides for the expeditious and efficient disposition of environmental and/or land use appeals within its respective area of statutory jurisdiction.
(2) Any person wishing to request access to public records of ELUHO, or seeking assistance in making such a request, shall contact the public records officer of ELUHO, or the board maintaining such records at the offices of ELUHO. Information identifying ELUHO's public records officer and the specific physical and mailing addresses for the agency is available on ELUHO's web site:
www.eluho.wa.gov
.
The ELUHO office is located at:
1111 Israel Road S.W.
Tumwater, WA 98501
Phone: 360-664-9160
(3) ELUHO, through its public records officer or designee(s), will provide the "fullest assistance" to requestors; create and maintain an index to public records of ELUHO for use by the public and ELUHO officials; ensure that public records are protected from damage or disorganization; and ensure that responses to public records requests do not cause excessive interference with essential functions of the ELUHO.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-030, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-040 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours for inspection of records.
Public records are available for inspection and copying during normal business hours of ELUHO, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of ELUHO or the offices of the boards that comprise ELUHO.
(2)
Records index.
An index of public records is available for use by members of the public, including final orders, declaratory orders, interpretive statements, and statements of policy. The index may be accessed on-line at
www.eluho.wa.gov
.
(3)
Organization of records.
ELUHO and the boards of the ELUHO will maintain records in a reasonably organized manner. ELUHO and the boards will take reasonable actions to protect records from damage and disorganization. A requestor shall not take records from the offices at which the records are maintained without the permission of the public records officer or designee. Many records are available on the ELUHO web site at
www.eluho.wa.gov
. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-040, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-050 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1) Any person wishing to inspect or copy public records of ELUHO or the boards of ELUHO should make the request in writing on ELUHO's request form, or by letter, fax, or e-mail addressed to the public records officer and include the following information:
(a) Name of requestor;
(b) Address of requestor;
(c) Other contact information, including telephone number and an e-mail address, if available;
(d) Identification of the public records adequate for the public records officer or designee to locate the records; and
(e) The date and time of the request.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-060 - Processing of public records requests - General

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest assistance."
By statute, ELUHO must adopt 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; 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 or in writing. The public records officer or designee may revise the estimate of when records will be available; or
(e) Deny the request and provide a written statement specifying the reasons for denial.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-070 - Processing of public records requests - Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting electronic records.
The process for requesting electronic public records is the same as for requesting paper public records.
(2)
Providing electronic records.
When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by ELUHO and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by RCW    43.105.280 and WAC 198-14-090(2).
(3)
Customized access to data bases.
With the consent of the requestor, the agency may provide customized access to an agency data base under RCW    43.105.280 if the record is not reasonably locatable or not reasonably translatable into the format requested. ELUHO may charge a fee consistent with RCW    43.105.280 for such customized access, which may include reasonable charges for staff time necessary to conduct customized searches of the agency data bases.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-070, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-080 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure.
(2) ELUHO incorporates by reference the exemptions to the act including, but not limited to, the following:
RCW    42.56.230 Personal information;
RCW    42.56.250 Employment and licensing;
RCW    42.56.270 Financial, commercial, and proprietary information;
RCW    42.56.280 Preliminary drafts, notes, recommendations, and intra-agency memorandums;
RCW    42.56.290 Agency party to controversy;
RCW    42.56.600 Mediation communications;
RCW    5.60.060 Attorney client privilege.
(3) ELUHO is prohibited by statute from disclosing lists of individuals for commercial purposes.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-080, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-090 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1) There is no fee for inspecting public
			 records. ELUHO may charge for providing public records or waive charges for
			 providing public records. ELUHO will charge using the fees listed under RCW
			     42.56.120 and will maintain a fee schedule on its web site.
(2) There will be no charge for emailing
			 electronic records to a requestor, unless another cost applies.
(3) ELUHO has determined calculating the
			 actual costs for providing public records is unduly burdensome for the
			 following reasons:
(a) The level of effort,
			 supplies, and shipping costs incurred by ELUHO vary widely for each records
			 request and are unique to each records request;
(b) Recordkeeping needed to capture all
			 allowed costs unnecessarily increases ELUHO's administrative overhead;
			 and
(c) Determining actual costs
			 for each records request within the statutory response time frame requires a
			 greater than normal level of administrative resources.
Washington Administrative Code › Title 198 - Environmental and Land Use Hearings Office (See also Titles 223, 242, 371, and 461) › Chapter 198-14 - Public records › Section 198-14-100 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Review by the attorney general's office.
Pursuant to RCW    42.56.530, if ELUHO denies access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may ask the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.
(2)
Judicial review.
Any person may obtain court review of denials of public records requests pursuant to RCW    42.56.550, as amended, regardless of any internal administrative appeal. Final agency action, for the purposes of judicial review, shall be deemed completed at the end of the second business day following the denial.
Statutory Authority: RCW 42.56.040, 43.21B.005, 43.21B.090, and 36.70A.270(7). 12-03-042, §
										198-14-100, filed 1/10/12, effective 2/10/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) These rules
				establish the procedures DES will follow in order to provide full access to
				public records.
These rules (a) provide information to persons wishing to
				  request DES public records and (b) establish processes for both requestors and
				  DES staff to fully assist the public in obtaining such access.
(2) In carrying out its public
				records responsibilities DES will be guided by the provisions of chapter 42.56
				RCW, Public Records Act.
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-010, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions set forth in
				  RCW
				     42.56.010 apply throughout this chapter. In
				  addition, the definitions in this section apply throughout this chapter unless
				  the context clearly requires otherwise.
(1) "Commercial purposes" means a business
				activity by any form of business enterprise intended to generate revenue or
				financial benefit.
(2) "Customary
				business hours" refers to Olympia administrative office hours which are 8:00
				a.m. to 5:00 p.m., Monday through Friday, excluding holidays and days DES is
				closed.
(3) "Days" means calendar
				days unless otherwise stated.
(4)
				"DES" or "department" means the department of enterprise services established
				in chapter 43.19 RCW. Where appropriate, DES or agency also refers to the staff
				and employees of the department of enterprise services.
(5) "Director" means the director of the
				department of enterprise services.
(6) "Electronic format" or "electronic
				records" or "electronic records format" refer to digital records as distinct
				from paper; examples include email, Word or Excel documents, PDF or media
				files.
(7) "Page" means one
				impression /image on a single side of a sheet of paper. It also applies to one
				electronic image of a single side of a sheet of paper. For example, DES
				considers a physical sheet of paper with an impression/image on both sides as
				two pages.
(8) "Public Records Act"
				means the same as chapter 42.56 RCW.
(9) "Public records officer" means the public
				records officer or designee for the department of enterprise services appointed
				by the director.
(10) "Request" or
				"PRR" or "PRRs" means a public records request made pursuant to chapter 42.56
				RCW.
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-015, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-020 - About the department of enterprise services

Current through Register Vol. 24-14, July 15, 2024
Headquartered in Olympia and located in the 1500 Jefferson
				  Building, 1500 Jefferson, Olympia, Washington, DES employs people, maintains
				  service locations, and staffs major field offices in Olympia, across the state,
				  and in Idaho. Contact and location information and the agency organizational
				  chart are available on our website at des.wa.gov.
In addition to being a regulatory agency, DES provides
				  services for state government, local governments, the public, private
				  businesses, and state employees. DES is organized into the following service
				  areas:
(1) Executive office and
				administrative services for the agency;
(2) Contracting and purchasing;
(3) Employee assistance program;
(4) Employee training and
				development;
(5) Facilities and
				leasing;
(6) Printing and
				mail;
(7) Risk
				management;
(8) Small agency
				services;
(9) Surplus;
				and
(10) Travel, cars, and
				parking.
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-020, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-025

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-025, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-030 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The
				public records officer is appointed by the director and is located in the
				Olympia office.
(2) The public
				records officer is in charge of the DES public records program. The public
				records officer is responsible for:
(a)
				Overseeing compliance with the Public Records Act;
(b) Implementing DES rules regarding the
				release of public records for inspection and copying;
(c) Coordinating DES staff in this
				regard.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-035

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-035, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-045 - Processing of public records requests-Response

Current through Register Vol. 24-14, July 15, 2024
(1) DES shall respond promptly to requests
				for records made under the Public Records Act. Within five business days of
				receiving a PRR, DES will log the request and assign the request a tracking
				number. The public records officer will evaluate the request according to the
				nature of the request, clarity, volume, and availability of requested
				records.
(2) Response. Following
				the initial evaluation of the request, and within five business days of receipt
				of the request, the public records officer will do one or more of the
				following:
(a) Make the requested records
				available for inspection or copying including:
(i) If copies are available on the DES
				website, provide an internet address and link on the website to specific
				records requested;
(ii) 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.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-050 - Inspection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) A
				requestor must notify DES in advance of their intent to inspect public records.
				Using the tracking ID that DES assigns to each public records request, a
				requestor must identify with specificity and in advance, the records the
				requestor wishes to inspect. DES will assist the requestor in scheduling an
				appointment for inspection and may propose convenient alternatives to an
				in-person visit. Public records will be available for inspection during
				customary business hours and when staff are available to assist the
				requestor.
(2) When the request to
				inspect is for a large number of records, the public records officer may
				schedule inspection in installments.
(3) DES will notify the requestor of the
				scheduled appointment. The requestor must inspect the requested records within
				thirty days of the scheduled appointment. If the requestor or a representative
				of the requestor fails to inspect the records within the thirty-day period or
				fails to make other arrangements, DES may close the request and refile the
				assembled records. If the requestor makes a request for the same records, it
				will be processed as a new request.
(4) Agency facilities shall be made available
				to any person for the copying of public records except when and to the extent
				that this would unreasonably disrupt the operations of the agency.
Inspections are conducted in accordance with the requirement
				  that agencies protect the requested records from damage or disorganization. No
				  member of the public shall remove a document from the inspection area or
				  disassemble or alter any public record.
(5) After inspection is complete, the
				requestor may wish to identify which documents the requestor wishes the agency
				to copy.
(a) Where DES charges for copies,
				the requestor must pay for the copies prior to the copies being provided to the
				requestor.
(b) Electronic records
				will be provided as a link to the records on the DES website if the records are
				located on the website, or in a format used by DES and which is generally
				commercially available.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-055 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) DES
				will maintain its records in a reasonably organized manner. DES will take
				reasonable measures to protect records from damage and disorganization. If DES
				records are maintained in a digital format, they will be provided digitally in
				response to a PRR. If records are maintained and inspected on paper, a
				requestor may ask for copies.
(2)
				Records will be made available to the requestor for inspection subject to the
				following restrictions:
(a) Only the public
				records officer will remove records from the designated inspection
				area.
(b) The quantity of records
				may be limited in accordance with the available space.
(c) All possible care shall be taken by the
				requestor to prevent damage to the records.
(d) Records shall not be marked, altered, cut
				or mutilated in any way.
(e) During
				inspection, eating, drinking, and smoking are prohibited.
(f) Records shall not be defaced in any way
				including writing on, folding or folding anew if in folded form, tracing or
				fastening with clips or other fasteners except those that already exist in the
				file.
(g) Records must be kept in
				the order in which received.
(h)
				Departmental personnel will provide all requested copies of records.
(i) The public records officer will remove
				the records from the inspection area when no longer required by the requestor
				and no later than the end of the customary business hours.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-060 - Response to public records request - Installments

Current through Register Vol. 24-14, July 15, 2024
(1) When a response to a public records
				request is complex or involves a large number of records, the public records
				officer may provide access for inspection and copying in installments pursuant
				to RCW
				   42.56.080.
(2) The requestor will be notified when an
				installment is ready for inspection. 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 may close the request.
(3) When the request is for copies of public
				records, the public records officer may require payment for each installment
				either prior to providing the installment or prior to providing subsequent
				installments. In addition, the requestor may be required to provide a deposit
				up to ten percent of the estimated cost of copying all records selected by the
				requestor. If the requestor fails to pay the required cost within thirty days,
				the public records officer may close the request.
Statutory Authority:
					 RCW
					 43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-060, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-065 - Processing public records requests-Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1) The process for requesting electronic
				public records is the same as for requesting paper public records.
(2) When a requestor requests records in an
				electronic format, the public records officer will provide available nonexempt
				electronic public records or portions of such records that are reasonably
				locatable in an electronic format used by the agency and that is generally
				commercially available, or in a format that is reasonably translatable from the
				format in which the agency keeps the record, or as otherwise agreed to between
				the requestor and the public disclosure officer.
(3) Whenever possible, DES will provide
				records in electronic format. If DES has only a paper copy of the record, the
				Public Records Officer, when feasible, may scan the paper record and provide
				the resulting electronic copy to the requestor subject to any cost as provided
				for in WAC
				200-01-075.
				If DES maintains the record in electronic format, the record will be provided
				in the maintained electronic format unless the requestor specifically asks to
				receive the record in paper copies or it is otherwise not feasible to provide
				the record in electronic format.
(4) If a record exists on a web page, DES
				will respond to a request for the record by providing the link to the record on
				the web page.
(5) Closing withdrawn
				or abandoned request. The public records officer will close a request when the
				requestor:
(a) Withdraws the
				request;
(b) Fails to clarify an
				entirely unclear request;
(c) Fails
				to fulfill an obligation to inspect the records;
(d) Fails to pay a deposit;
(e) Fails to pay required fees for an
				installment;
(f) Fails to claim an
				installment;
(g) Fails to make
				final payment for the requested copies.
The public records officer will notify the requestor that
				  DES has closed the request.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) DES reserves
				the right to determine that a public record is exempt, in whole or in part,
				consistent with provisions of the Public Records Act or other applicable
				provision of law.
(2) Certain
				exemptions other than the Public Records Act itself restrict the disclosure of
				documents held by DES. Some examples of such other applicable statutory
				exemptions include, but are not limited to:
RCW
				     4.92.210: Privileged and confidential
				  contents of risk management tort claims file.
RCW
				     5.60.060: Attorney-client privileged
				  records.
RCW
				     41.04.730: Employee assistance
				  program-Information confidential-Exceptions.
(3) DES reserves the right to delete
				identifying details when producing any public record when there is reason to
				believe that disclosure of such details would be an invasion of personal
				privacy protected by
				RCW
				   42.56.050.
(4) DES is prohibited by statute from
				disclosing lists of individuals or records that may be manipulated to created
				lists of individuals for commercial purposes pursuant to
				RCW
				   42.56.070.
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-070, filed 12/22/11, effective
					 1/22/12.