Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments on WAC 44-14-040 › Section 44-14-04003 - Responsibilities of agencies in processing requests

Current through Register Vol. 24-14, July 15, 2024
(1)
Similar treatment and purpose of the
				request.
The act provides: "Agencies shall not distinguish among persons
				requesting records, and such persons shall not be required to provide information
				as to the purpose for the request" (except to determine if the request is seeking
				a list of individuals for a commercial use or would violate another statute
				prohibiting disclosure or restricting disclosure to only certain persons).
				RCW
				  42.56.080.1 The act
				also requires an agency to take the "most timely possible action on requests" and
				make records "promptly available."RCW
				  42.56.100 and
				42.56.080.
				However, treating requestors similarly does not mean that agencies must process
				requests strictly in the order received because this might not be providing the
				"most timely possible action" for all requests. A relatively simple request need
				not wait for a long period of time while a much larger or more complex request is
				being fulfilled. Agencies are encouraged to be flexible and process as many
				requests as possible even if they are out of order.
(2)
Purpose of request.
An agency
				cannot require a requestor to state the purpose of the request (with limited
				exceptions).
				RCW
				  42.56.080. However, in an effort to better
				understand the request and provide all responsive records, the agency can inquire
				about the purpose of the request. The requestor is not required to answer the
				agency's inquiry (with limited exceptions as previously noted).
(3)
Provide "fullest assistance" and
				"most timely possible action."
The act requires agencies to adopt and
				enforce reasonable rules to provide for the "fullest assistance" to a requestor.
				RCW
				  42.56.100. The "fullest assistance" principle
				should guide agencies when processing requests. In general, an agency should
				devote sufficient staff time to processing records requests, consistent with the
				act's requirement that fulfilling requests should not be an "excessive
				interference" with the agency's "other essential functions."RCW
				  42.56.100. The agency should recognize that
				fulfilling public records requests is one of the agency's duties, along with its
				others.
The act also requires agencies to adopt and enforce rules to
				  provide for the "most timely possible action on requests."RCW
				    42.56.100. This principle should guide agencies
				  when processing requests. It should be noted that this provision requires the
				  most timely "possible" action on requests. This recognizes that an agency is not
				  always capable of fulfilling a request as quickly as the requestor would
				  like.
(4)
Communicate
				with requestor.
Communication is usually the key to a smooth public
				records process for both requestors and agencies.2
				Clear requests for a small number of records usually do not require predelivery
				communication with the requestor. However, when an agency receives a large or
				unclear request, the agency should communicate with the requestor to clarify the
				request. If a requestor asks for a summary of applicable charges before any
				copies are made, an agency must provide it.
				RCW
				  42.56.120(2)(f). The requestor
				may then revise the request to reduce the number of requested copies. If the
				request is clarified or modified orally, the public records officer or designee
				should memorialize the communication in writing.
For large requests, the agency may ask the requestor to
				  prioritize the request so that he or she receives the most important records
				  first. If feasible, the agency should provide periodic updates to the requestor
				  of the progress of the request. Similarly, the requestor should periodically
				  communicate with the agency and promptly answer any clarification questions.
				  Sometimes a requestor finds the records he or she is seeking at the beginning of
				  a request. If so, the requestor should communicate with the agency that the
				  requested records have been provided and that he or she is canceling the
				  remainder of the request. If the requestor's cancellation communication is not in
				  writing, the agency should confirm it in writing.
(5)
Failure to provide initial response
				within five business days.
Within five business days of receiving a
				request, an agency must provide an initial response to requestor. The initial
				response must do one of four things:
(a)
				Provide the record;
(b) Acknowledge
				that the agency has received the request and provide a reasonable estimate of the
				time it will require to further respond;
(c) Seek a clarification of the request and if
				unclear, provide to the greatest extent possible a reasonable estimate of time
				the agency will require to respond to the request if it is not clarified;
				or
(d) Deny the request.
				RCW
				  42.56.520. An agency's failure to provide an
				initial response is arguably a violation of the act. 
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