Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments on WAC 44-14-040 › Section 44-14-04001 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Both requestors and agencies have responsibilities under the
				  act. The public records process can function properly only when both parties
				  perform their respective responsibilities. An agency has a duty to promptly
				  provide access to all nonexempt public records.1 A
				  requestor has a duty to give fair notice that he or she is making a records
				  request, request identifiable records,2 follow the
				  agency's reasonable procedures, inspect the assembled records or pay for the
				  copies, and be respectful to agency staff. Both the agency and the requestor have
				  a responsibility to communicate with each other when issues arise concerning a
				  request.3
Requestors should keep in mind that all agencies have essential
				  functions in addition to providing public records. Agencies also have greatly
				  differing resources. The act recognizes that agency public records procedures
				  should prevent "excessive interference" with the other "essential functions" of
				  the agency.
				  RCW
				    42.56.100. Therefore, while providing public
				  records is an essential function of an agency, it is not required to abandon its
				  other, nonpublic records functions. Agencies without a full-time public records
				  officer may assign staff part-time to fulfill records requests, provided the
				  agency is providing the "fullest assistance" and the "most timely possible"
				  action on the request. The proper level of staffing for public records requests
				  will vary among agencies, considering the complexity and number of requests to
				  that agency, agency resources, and the agency's other functions.
The burden of proof is on an agency to prove its estimate of
				  time to provide a full response is "reasonable."RCW
				    42.56.550(2). An agency should
				  be prepared to explain how it arrived at its estimate of time and why the
				  estimate is reasonable.
Agencies are encouraged to use technology to provide public
				  records more quickly and, if possible, less expensively. An agency is allowed, of
				  course, to do more for the requestor than is required by the letter of the act.
				  Doing so often saves the agency time and money in the long run, improves
				  relations with the public, and prevents litigation.
For example, agencies are encouraged to post many nonexempt
				  records of broad public interest on the internet. This may result in fewer
				  requests for public records. See RCW chapter 69, Laws of 2010 (agencies
				  encouraged to post frequently sought documents on the internet);
				  RCW
				    43.105.351 (legislative intent that agencies
				  prioritize making records widely available electronically to the public).
Notes:
1RCW
						    42.56.070(1) (agency "shall
						  make available for public inspection and copying all public records, unless the
						  record falls within the specific exemptions" listed in the act or other statute).
2See
						  RCW
						    42.56.080 ("identifiable record" requirement);
						  RCW   42.56.120 (claim or review requirement);
						  RCW
						    42.56.100 (agency may prevent excessive
						  interference with other essential agency functions).
3See
Hobbs v.
						  State
, 183 Wn. App. 925, 335 P.3d 1004 (2014) (Court of Appeals
						  encouraged requestors to communicate with agencies about issues related to their
						  PRA requests) and WAC
						  44-14-04003(3).
						  ("Communication is usually the key to a smooth public records process for both
						  requestors and agencies.")
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-04001, filed 1/31/06, effective
					 3/3/06.